BILL ANALYSIS �
SENATE JUDICIARY COMMITTEE
Senator Hannah-Beth Jackson, Chair
2013-2014 Regular Session
AB 319 (Campos)
As Amended January 9, 2014
Hearing Date: June 17, 2014
Fiscal: No
Urgency: No
TH
SUBJECT
Local Agencies: Domestic Violence
DESCRIPTION
This bill would prohibit a local agency from requiring a
landlord to terminate a tenancy or fail to renew a tenancy based
upon an act against a tenant or a tenant's household member that
constitutes domestic violence, sexual assault, stalking, human
trafficking, or abuse of an elder or dependent adult. This bill
would also prohibit a local agency from requiring a landlord to
terminate a tenancy or fail to renew a tenancy based upon the
number of calls made by a person to the emergency telephone
system relating to these acts.
BACKGROUND
Victims of domestic violence, sexual assault, human trafficking,
elder and dependent adult abuse, and stalking face numerous
challenges when seeking to regain control of their lives.
Depending on the situation, a victim may need to change his or
her telephone number, participate in the Safe at Home Program
through the Secretary of State, or even move to create a safe
environment for themselves and their family. Victims who rent
their homes face additional challenges when attempting to leave
a dangerous environment if they are a party to a long-term
lease. Absent a voluntary release from their landlord, victims
who are forced to relocate in order to find safety previously
could have been subject to liability for breaching their leases.
In response to concerns regarding the inability of victims to
terminate leases without liability, AB 2052 (Lieu, Ch. 440,
Stats. 2008) authorized a tenant to terminate his or her lease
(more)
AB 319 (Campos)
Page 2 of ?
within 60 days of the issuance of a temporary restraining order,
emergency protective order, or written report by a peace officer
alleging that the tenant, or household member, is a victim of
domestic violence or stalking. Subsequently, AB 588 (Perez, Ch.
76, Stats. 2011) increased this time from 60 to 180 days. SB
1403 (Yee, Ch. 516, Stats. 2012) further extended these
protections to victims of elder or dependent adult abuse and
included protective orders among the appropriate supporting
documentation allowed when victims seek to terminate leases
prematurely.
The Legislature has also recognized that victims of domestic
violence, sexual assault, human trafficking, elder and dependent
adult abuse, and stalking face additional hurdles in retaining
rental housing not borne by the larger pool of California
renters. Some landlords may be reluctant to renew a victim's
lease or may seek to terminate a lease out of a concern that a
victim's presence could jeopardize the safety of other tenants,
or that a victim's need to seek police intervention and
protection may disturb other tenants' quiet enjoyment of the
property, potentially making it harder for these victims to
retain stable rental housing. In response to this concern, SB
782 (Yee, Ch. 626, Stats. 2010) prohibited landlords from
terminating or failing to renew a tenancy based upon a
documented act or acts against a tenant or a tenant's household
member that is a victim of domestic violence, sexual assault, or
stalking, under specified circumstances. SB 1403 (Yee, Ch. 516,
Stats. 2012) extended this protection to victims of elder or
dependent adult physical abuse, and SB 612 (Leno, Ch. 130,
Stats. 2013) extended this protection to victims of human
trafficking.
Despite these protections, some victims may still face eviction
from their rental housing because of acts related to domestic
violence, sexual assault, human trafficking, elder and dependent
adult abuse, and stalking. Some California jurisdictions have
reportedly adopted Crime Free Housing ordinances which enable
local agencies to compel landlords to evict tenants who engage
in certain nuisance activities, including placing repeated calls
for help to emergency services. In other jurisdictions, this
has forced victims to choose between calling the police in an
emergency or face eviction. According to the New York Times:
Over the last 25 years, in a trend still growing, hundreds of
cities and towns across the country have adopted nuisance
property or "crime-free housing" ordinances. Putting
AB 319 (Campos)
Page 3 of ?
responsibility on landlords to weed out drug dealers and
disruptive tenants, the laws aim to save neighborhoods from
blight as well as ease burdens on the police.
But the laws are sometimes forcing victims, especially women
facing domestic violence, to choose between calling the police
and holding on to their homes, according to legal aid groups
and experts on housing and the poor. (Eckholm, Victims'
Dilemma: 911 Calls Can Bring Eviction (Aug. 16, 2013)
(as of May 23, 2014).)
This bill would further protect victims from being unjustly
evicted from rental housing by prohibiting a local agency from
requiring a landlord to terminate a tenancy or fail to renew a
tenancy based upon an act against a tenant or a tenant's
household member that constitutes domestic violence, sexual
assault, stalking, human trafficking, or abuse of an elder or
dependent adult. This bill would also prohibit a local agency
from requiring a landlord to terminate a tenancy or fail to
renew a tenancy based upon the number of calls made by a person
to the emergency telephone system relating to these acts.
CHANGES TO EXISTING LAW
Existing state and federal law prohibit discrimination in
housing and employment on the basis of gender and other
specified characteristics. (Gov. Code Sec. 12920 et seq.; 42
U.S.C. Sec. 3601 et seq.)
Existing law defines the rights and duties of landlords and
tenants, including presumptions regarding the terms of the
hiring, the lawful means of terminating a lease or rental
agreements, and the remedies available to the respective parties
in the event of a breach of a lease or rental agreement. (Civ.
Code Sec. 1940 et seq.)
Existing law provides that if a tenant or lessee of real
property breaches the lease and abandons the property before the
end of the term, the landlord may deem the lease terminated and
seek damages, or continue to perform under the lease and seek
rent as it becomes due. (Civ. Code Sec. 1951.2; 250 LLC v.
Photopoint Corp. (2005) 131 Cal.App.4th 703.)
Existing law allows a tenant to terminate his or her tenancy if
the tenant, or a household member, was the victim of domestic
AB 319 (Campos)
Page 4 of ?
violence, sexual assault, stalking, human trafficking, or
dependent adult or elder abuse. The notice to terminate a
tenancy must be in writing, with one of the following attached:
(1) copy of a temporary restraining order, protective order, or
emergency protective order, as specified; (2) copy of a written
report by a peace officer, as specified; or (3) documentation
from a qualified third party based on information received by
that third party while acting in his or her professional
capacity. (Civ. Code Sec. 1946.7(a)-(b).)
Existing law requires the notice to terminate tenancy to be
given within 180 days of the date that any order was issued, or
within 180 days of the date that any written report was made, or
the time period otherwise required for termination of tenancy.
(Civ. Code Sec. 1946.7(c).)
Existing law prohibits a landlord from terminating a tenancy or
failing to renew a tenancy based upon an act or acts against a
tenant or a tenant's household member that constitute domestic
violence, sexual assault, stalking, human trafficking, or elder
or dependent adult abuse if these acts have been documented by a
temporary restraining order, emergency protective order, or a
copy of a written report by a peace officer within the past 180
days. (Code Civ. Proc. Sec. 1161.3(a).)
This bill would provide that a local agency shall not require a
landlord to terminate a tenancy or fail to renew a tenancy based
upon an act or acts against a tenant or a tenant's household
member that constitute domestic violence, sexual assault,
stalking, human trafficking, or abuse of an elder or a dependent
adult, provided the act or acts have been documented and the
tenant's aggressor is not a tenant of the same dwelling unit as
the tenant or household member.
This bill would additionally provide that a local agency shall
not require a landlord to terminate a tenancy or fail to renew a
tenancy based upon the number of calls made by any person to the
emergency telephone system relating to the tenant or a member of
the tenant's household being a victim of an act or acts that
constitute domestic violence, sexual assault, stalking, human
trafficking, or abuse of an elder or a dependent adult, provided
the act or acts have been documented and the tenant's aggressor
is not a tenant of the same dwelling unit as the tenant or
household member.
This bill would define the term "tenant" to mean tenant,
AB 319 (Campos)
Page 5 of ?
subtenant, lessee, or sublessee.
COMMENT
1. Stated Need for the Bill
The author writes:
Many local governments have adopted so called nuisance
ordinances or crime-free policies as a means of controlling
problem residents engaged in drug activity, violent crime,
etc. In addition, these ordinances sometimes limit 911 calls
from certain residences and establish a means for law
enforcement and/or landlords to evict such tenants.
While these ordinances can serve very legitimate needs,
sometimes they extend too far. Domestic violence is
considered a violent crime and hence victims can be subject to
the penalty provisions of these ordinances. The provisions
limiting 911 calls can force victims and survivors of crimes
such as domestic violence, stalking, etc. from choosing
between their safety (i.e. reporting crimes) or their home
(i.e. facing possible eviction).
AB 319 provides victims of domestic violence, sexual assault,
stalking, human trafficking, and elder abuse with safeguards
that reporting threats will not lead to eviction. AB 319
prohibits a local agency from limiting the number of 911
emergency calls a person can make for the purpose of reporting
domestic violence, sexual assault, stalking, human
trafficking, or elder abuse. It would also prohibit a local
agency from requiring a landlord to terminate a tenancy based
on the number of calls made to report those crimes.
2. Protecting Crime Victims from Eviction
According to the California Partnership to End Domestic
Violence, California law enforcement agencies received 157,634
domestic violence-related calls in 2012, and investigated 147
domestic violence fatalities in 2011. Crime statistics indicate
that while other types of homicide are on the decline in
California, domestic violence homicides have increased by 30
percent from 2008 to 2011. (See Domestic Violence Homicide &
Law Enforcement Calls (as of
May 23, 2014).) As with victims of sexual assault, stalking,
human trafficking, or elder or dependent adult abuse, victims of
AB 319 (Campos)
Page 6 of ?
domestic violence rely on California's first responders and
emergency telephone system to receive immediate help when they
are threatened by the violent acts of another. Yet local
jurisdictions' Crime Free Housing ordinances and programs may be
forcing these victims to forgo emergency assistance in order to
avoid losing their homes. Staff notes, for example, that
participating properties in a Crime Free Multi-Housing Program
operated by the City of San Bernardino may be expelled from the
program if the "property has twenty (20) or more calls for
service from the Police Department, Fire Prevention, or The Code
Enforcement Division" within a one-year period. (See City Of
San Bernardino Crime Free Multi-Housing Program
(as of May 27,
2014).) The Coalition of California Welfare Rights
Organizations, writing in support, states:
More than 50 cities in California have Crime Free Housing
ordinances, which require landlords to have their residents
sign a lease prohibiting any criminal activity. While the
intent of these ordinances is to protect neighborhoods from
disruptive and violent households, they can also have a
chilling effect on legitimate 911 calls. . . . Calls to the
emergency telephone system can be a direct connection to
immediate safety at times of great risk for victims. However,
in some circumstances multiple calls can lead to the victim's
lease being terminated, putting them at risk of homelessness,
rather than being the lifeline for safety that the emergency
telephone system is intended to be.
This bill seeks to address the problems created by these
ordinances and programs by expressly prohibiting local agencies
from requiring landlords to evict victims of domestic violence,
sexual assault, stalking, human trafficking, or elder or
dependent adult abuse because of these acts or because of the
number of calls victims make to the emergency telephone system.
3. Protecting the Health, Safety, and Welfare of Neighbors
In general, landlords owe a duty to their tenants and members of
the public to protect them from reasonably foreseeable risks on
their properties. This includes the risk of harm caused by the
criminal conduct of third parties. Where a landlord should have
anticipated a third party's criminal acts and taken measures to
protect a tenant, the landlord may be civilly liable. (O'Hara
v. Western Seven Trees Corp. (1977) 75 Cal.App.3d 798.)
AB 319 (Campos)
Page 7 of ?
However, where the risk of third party harm is not reasonably
foreseeable, then there is no duty and no liability. (See,
e.g., Castaneda v. Olsher (2007) 41 Cal.4th 1205; Ann M. v. Pac.
Plaza Shopping Center (1993) 6 Cal.4th 666.)
Staff notes that this bill does not interfere with a landlord's
ability to evict a tenant that creates a danger to other
residents under other provisions of law. Under existing law, a
landlord may terminate or decline to renew a tenancy upon three
days' notice if: (1) a tenant allows a person against whom a
protection order has been issued or who was named in a police
report of an act or acts of domestic violence, sexual assault,
stalking, human trafficking, or abuse of an elder or a dependent
adult to visit the property; and (2) the landlord reasonably
believes that the presence of that person poses a physical
threat to other tenants, guests, invitees, or licensees, or to a
tenant's right to quiet possession of the property. (Code Civ.
Proc. Sec. 1161.3(b).) Prohibiting a local agency from
requiring landlords to evict tenants based upon specified acts
against the tenant or tenant's household member, or based upon
the number of calls made by any person to the emergency
telephone system relating to the tenant or a member of the
tenant's household, does not interfere with a landlord's
authority to evict tenants whose acts pose a foreseeable risk to
others. Consequently, this bill would not create a situation in
which a landlord is forced to retain tenants whose actions may
place others in harm's way.
4. Clarifying Amendment
The author offers the following amendment to clarify that all
local agencies are subject to the prohibitions in this bill:
On page 3, between lines 4 and 5, insert: "(d) For the
purposes of this section, "local agency" means a county, city,
whether general law or chartered, city and county, town,
housing authority, municipal corporation, district, political
subdivision, or any board, commission, or agency thereof, or
other local public agency."
5.Technical Amendments
The author offers the following technical amendments:
On page 2, line 13, after 1708.7, insert "of the Civil Code"
On page 2, line 26, after 1708.7, insert "of the Civil Code"
AB 319 (Campos)
Page 8 of ?
Support : American Academy of Pediatrics, California; American
Civil Liberties Union of California; California Partnership to
End Domestic Violence; California Rural Legal Assistance
Foundation; City of Los Angeles; Coalition of California Welfare
Rights Organizations, Inc.; Housing California; National
Association of Social Workers, California Chapter; Western
Center on Law and Poverty
Opposition : None Known
HISTORY
Source : Author
Related Pending Legislation :
AB 1513 (Fox) would require a local law enforcement agency with
which a property owner has filed a Declaration of Ownership of
Residential Real Property to respond as soon as practicable
after being notified that an unauthorized person has been found
on the property and take specified action, including requiring a
person who is found on the property to produce written
authorization to be on the property, and advising any person who
does not produce that authorization that he or she has 48 hours
to obtain it, and is subject to arrest for trespass if he or she
is subsequently found on the property without it. This bill is
in the Senate Committee on Rules pending referral.
AB 2310 (Ridley-Thomas) would, until January 1, 2019,
reauthorize a lapsed pilot program permitting a city prosecutor
or city attorney in specified jurisdictions to file an action
for unlawful detainer to abate a nuisance caused by illegal
conduct involving unlawful weapons or ammunition. This bill is
pending in the Senate Committee on Judiciary.
AB 2485 (Dickinson) would, until January 1, 2019, reauthorize a
lapsed pilot program permitting a city prosecutor or city
attorney in specified jurisdictions to file an action for
unlawful detainer to abate a nuisance caused by illegal conduct
involving controlled substances. This bill is pending in the
Senate Committee on Judiciary.
AB 319 (Campos)
Page 9 of ?
Prior Legislation :
SB 612 (Leno, Ch. 130, Stats. 2013) See Background.
SB 1403 (Yee, Ch. 516, Stats. 2012) See Background.
AB 588 (Perez, Ch. 76, Stats. 2011) See Background.
SB 782 (Yee, Ch. 626, Stats. 2010) See Background.
AB 2052 (Lieu, Ch. 440, Stats. 2008) See Background.
Prior Vote :
Assembly Floor (Ayes 73, Noes 0)
Assembly Committee on Public Safety (Ayes 7, Noes 0)
**************