BILL ANALYSIS �
AB 319
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 319 (Campos)
As Amended June 24, 2014
Majority vote
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|ASSEMBLY: |73-0 |(January 17, |SENATE: |32-0 |(June 26, |
| | |2014) | | |2014) |
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Original Committee Reference: JUD.
SUMMARY : Prohibits a local agency, as defined, from requiring a
landlord to evict a tenant based upon specified acts of violence
against the tenant or a member of the tenant's household.
The Senate amendments :
1)Define "local agency" as 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.
2)State that the Legislature finds and declares that the need to
protect tenants referenced in this bill is a matter of
statewide concern, and not merely a municipal affair;
therefore this bill applies to charter cities.
EXISTING LAW :
1)Permits a landlord to file an unlawful detainer action against
a tenant in order to evict him or her when, among other
things, the tenant has committed waste upon the premises
contrary to the conditions of the lease, or has maintained,
committed, or permitted the maintenance or commission of a
nuisance upon the premises or used the premises for an
unlawful purpose.
2)Prohibits a landlord from terminating a tenancy based upon an
act or acts of domestic violence, sexual assault, or stalking
against the tenant or tenant's household member, if the act or
acts of domestic violence, sexual assault, or stalking have
been appropriately documented, and the perpetrator is not a
tenant of the same dwelling unit as the tenant.
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3)Allows a landlord to terminate or decline to renew a tenancy
even if a tenant is protected as a victim of domestic
violence, sexual assault or stalking, if both of the following
apply:
a) Either one of the following:
i) The tenant allows the person against whom the
protection order has been issued or who was named in the
police report of the act or acts of domestic violence,
sexual assault, or stalking to visit the property; or
ii) The landlord reasonably believes that the presence
of the person against whom the protection order has been
issued or who was named in the police report of the act
or acts of domestic violence, sexual assault, or stalking
poses a physical threat to other tenants, guests,
invitees, or licensees, or to a tenant's right to quiet
possession; and
b) The landlord previously gave at least three days' notice
to the tenant to correct one of the above violations.
4)Allows a tenant or a household member who was a victim of
domestic violence, sexual assault, or stalking to terminate a
rental agreement and be discharged from rental payments due.
The tenant must provide the landlord with a copy of a
temporary restraining order, emergency protective order, or a
written report by a peace officer stating that the tenant or
household member has filed a police report alleging that the
tenant or household member is a victim of domestic violence,
sexual assault, or stalking.
AS PASSED IN THE ASSEMBLY , this bill:
1)States 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 tenant's household member that
constitute domestic violence, sexual assault, stalking, human
trafficking, or elder abuse.
2)Specifies that the number of 911 calls made relating to the
tenant or a member of the tenant's household being a victim of
one of the specified offenses cannot be the basis for a local
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agency to require a landlord to terminate the tenancy or fail
to renew the tenancy.
3)Requires that the act or acts of domestic violence, sexual
assault, stalking, human trafficking or elder abuse be
appropriately documented and that the perpetrator cannot be a
tenant of the same dwelling unit as the tenant.
4)Defines a "tenant" as a tenant, a subtenant, a lessee, or a
sublessee.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "Many local government
nuisance ordinances limit 911 calls from certain residences.
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. These ordinances not
only limit 911 calls, they also permit law enforcement officials
to require landlords to evict tenants who make too many 911
calls. Because these ordinances treat all violence, including
domestic violence, in the same way, they force women to choose
between calling for help and losing their home. This is an
issue that is being talked about nationally, and in California.
"As a former city councilmember, I appreciate a city's need to
protect neighborhoods from disruptive households. But these
ordinances go too far when they apply to domestic violence 911
calls. All violence is not the same, especially when the victim
is also a tenant of the so-called 'nuisance' residence.
"In 2011, California law enforcement agencies received more than
150,000 domestic violence-related calls. There were 147
domestic violence-related homicides, and approximately 129 (88%)
of the fatalities were female. One-in-four women and
one-in-seven men have experienced severe physical violence by an
intimate partner. Government should not be adding to the
problems of domestic violence victims.
"These ordinances are intended to stop violence being committed
by a tenant. And that makes sense. However, treating all
violence the same means that domestic violence committed by a
tenant against another tenant can also trigger eviction. This
one-size-fits-all approach punishes the domestic violence victim
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all over again.
"AB 319 would fix this problem. The bill would prohibit any
limit on 911 calls for reporting domestic violence."
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0004093