Bill Text: CA SB782 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Residential tenancies: domestic violence.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Passed) 2010-09-30 - Chaptered by Secretary of State. Chapter 626, Statutes of 2010. [SB782 Detail]

Download: California-2009-SB782-Amended.html

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BILL NUMBER: SB 782	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 24, 2010
	AMENDED IN ASSEMBLY  JUNE 25, 2009
	AMENDED IN SENATE  MAY 13, 2009
	AMENDED IN SENATE  MARCH 31, 2009

INTRODUCED BY   Senator Yee
    (   Coauthor:   Senator   Florez
  ) 
   (  Coauthor:   Assembly Member 
 Huffman   Coauthors:   Assembly
Members   Blumenfield,   Davis,   Huffman,
  Saldana,   Smyth,   Swanson,  
and Torrico  )

                        FEBRUARY 27, 2009

   An act  to add Sections 1941.5 and 1941.6 to the Civil Code,
and to add Section 1161.3 to the Code of Civil Procedure,
relating to unlawful detainer.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 782, as amended, Yee. Residential tenancies: domestic violence.

   Existing law governs the hiring of real property based on the
terms of the agreement, or on the behavior of the parties. Under
existing law, a tenant may notify the landlord in writing that he or
she, or a household member, was a victim of an act of domestic
violence, sexual assault, or stalking, and intends to terminate the
tenancy. The tenant is released from any rent payment obligation 30
days following the giving of the notice, or as specified.
   Existing law establishes the criteria for determining when a
tenant is guilty of unlawful detainer of a premises, and includes
committing nuisance in this regard. Existing law provides, until
January 1, 2012, for the purposes of the law of unlawful detainer,
that if a person commits any specified act or acts of domestic
violence, sexual assault, or stalking against another tenant or
subtenant on the premises, there is a rebuttable presumption
affecting the burden of proof that the person has committed a
nuisance on the premises if the victim or a member of the victim's
household has not vacated the premises. 
   This bill would create a defense to an action for possession under
the unlawful detainer provisions described above, except as
specified, if the court determines that (1) the tenant or the tenant'
s household member is a victim of an act or acts that constitute
domestic violence, sexual assault, or stalking, and (2) the notice to
quit is substantially based upon the act or acts against the tenant
or a tenant's household member that constitute domestic violence,
sexual assault, or stalking, including, but not limited to, an action
for possession based on complaints of noise, disturbances, or
repeated presence of police. The bill would prohibit the eviction of
any members of the tenant's household from being evicted under the
above circumstances, except that the bill would require the member of
the household who committed the act or acts of domestic violence,
sexual assault, or stalking, to be evicted.  
   This bill would prohibit a landlord from terminating a tenancy or
failing to renew a tenancy based upon an act of domestic violence,
sexual assault, or stalking against a tenant or a tenant's household
member when that act is documented, as specified, and the perpetrator
of that act is not a tenant of the same dwelling unit. 
    The bill would also authorize a tenant, who is a victim
of, or whose member of his or her household is a victim of, an act or
acts that constitute   tenant who is protected by a
specified type of restraining order related to acts including 
domestic violence, sexual assault, or stalking  , 
to  immediately change the locks on his or her dwelling unit
without the landlord's permission or to make a written  request
that the landlord  seek a partial eviction ordering the
removal of another tenant who has committed the act or acts 
 change the locks of the dwelling unit  , as specified. The
bill would require the  court to terminate the tenancy of
the tenant who committed the act or acts of domestic violence, sexual
assault, or stalking, if the landlord chooses to seek a partial
eviction of that tenant   landlord to change the locks
within 48 hours of that request  , as specified  , when the
restrained person is not a tenant of the same dwelling unit  .
 The bill would prohibit the court from evicting the victim
or the remainder of the tenants, as specified. The bill would require
a landlord to retain in strictest confidence all information
regarding any act or acts of domestic violence, sexual assault, or
stalking that is received in confidence from a tenant or a tenant's
household member who is a victim, except as specified.  

   The bill would also authorize the landlord to change the locks
when the restrained person is a tenant of the same dwelling unit. The
bill would declare the landlord not liable to a restrained person
who is excluded from the dwelling unit if the landlord complies
completely and in good faith with that provision. The bill would
state that a restrained person who has been excluded from a dwelling
unit under that provision remains liable under the lease with all
other tenants of the dwelling unit for rent as provided in the lease.
 
   The bill would authorize a protected tenant to change the locks
without the landlord's permission, notwithstanding any provision in
the lease to the contrary, if the landlord does not change the locks
within 48 hours, as specified, with regard to leases executed on or
after the date the bill would take effect. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Domestic violence is a widespread problem impacting one in
three households in the United States in all communities.
   (b) Safe housing for domestic violence victims is essential for
safe recovery.
   (c) Countless studies demonstrate that stable, safe housing is a
public safety issue, a critical element of ensuring the safety of
domestic violence and stalking victims.
   (d) Landlords may evict domestic violence and stalking victims
based upon complaints of noise, fighting, or repeated visits from the
police to a victim's residence, even though they are results of
crimes committed against the victim.
   (e) Domestic violence and stalking victims should not lose their
housing because they are being abused and should not be forced to
leave their homes in order to report abuse.
   (f) The United States government and many states, cities, and
counties already have enacted comprehensive tenants' rights
protections for victims of domestic violence and stalking. 
   (g) An increasing number of courts have found that evictions of
tenants based on acts of domestic violence, sexual assault, and
stalking committed against them violate federal and state fair
housing laws.  
   (h) It is critical for rental property owners to develop policies
and procedures that balance the needs of tenants' peaceful enjoyment
of the property while considering the safety and fair housing rights
of victims of domestic violence, sexual assault, and stalking. 
   SEC. 2.    Section 1941.5 is added to the  
Civil Code   , to read:  
   1941.5.  (a) This section shall apply if the person who is
restrained from contact with the tenant referred to in subdivision
(b) under an order lawfully issued pursuant to Section 527.6 of the
Code of Civil Procedure, Part 3 (commencing with Section 6240), Part
4 (commencing with Section 6300), or Part 5 (commencing with Section
6400) of Division 10 of the Family Code, Section 136.2 of the Penal
Code, or Section 213.5 of the Welfare and Institutions Code is not a
tenant of the same dwelling unit as the tenant referred to in
subdivision (b).
   (b) A tenant may immediately change the locks of his or her
dwelling unit without the landlord's permission, notwithstanding any
provision in the lease to the contrary, if he or she has obtained a
court order lawfully issued pursuant to Section 527.6 of the Code of
Civil Procedure, Part 3 (commencing with Section 6240), Part 4
(commencing with Section 6300), or Part 5 (commencing with Section
6400) of Division 10 of the Family Code, Section 136.2 of the Penal
Code, or Section 213.5 of the Welfare and Institutions Code. If the
protected tenant changes the locks, the protected tenant shall notify
the landlord within 48 hours that the locks have been changed, and
shall provide the landlord with a key by any reasonable method agreed
upon by the landlord and tenant.
   (c) A landlord shall change the locks of a tenant's dwelling unit
upon written request of the tenant not later than 48 hours after the
tenant gives the landlord a copy of a court order lawfully issued
pursuant to Section 527.6 of the Code of Civil Procedure, Part 3
(commencing with Section 6240), Part 4 (commencing with Section
6300), or Part 5 (commencing with Section 6400) of Division 10 of the
Family Code, Section 136.2 of the Penal Code, or Section 213.5 of
the Welfare and Institutions Code, and shall give the protected
tenant a key to the new locks.
   (d) If a landlord fails to change the locks within 48 hours, the
protected tenant may change the locks without the landlord's
permission, notwithstanding any provision in the lease to the
contrary. If the protected tenant changes the locks, the protected
tenant shall notify the landlord within 48 hours that the locks have
been changed, and shall provide the landlord with a key by any
reasonable method agreed upon by the landlord and tenant. This
subdivision shall apply to leases executed on or after the date the
act that added this section takes effect. 
   SEC. 3.    Section 1941.6 is added to the  
Civil Code   , to read:  
   1941.6.  (a) This section applies if the person who is restrained
from contact with the tenant referred to in subdivision (b) under an
order lawfully issued pursuant to Section 527.6 of the Code of Civil
Procedure, Part 3 (commencing with Section 6240), Part 4 (commencing
with Section 6300), or Part 5 (commencing with Section 6400) of
Division 10 of the Family Code, Section 136.2 of the Penal Code, or
Section 213.5 of the Welfare and Institutions Code is a tenant of the
same dwelling unit as the tenant referred to in subdivision (b).
   (b) A tenant may immediately change the locks of his or her
dwelling unit without the landlord's permission, notwithstanding any
provision in the lease to the contrary, if he or she has obtained a
court order lawfully issued pursuant to Section 527.6 of the Code of
Civil Procedure, Part 3 (commencing with Section 6240), Part 4
(commencing with Section 6300), or Part 5 (commencing with Section
6400) of Division 10 of the Family Code, Section 136.2 of the Penal
Code, or Section 213.5 of the Welfare and Institutions Code. If the
protected tenant changes the locks, the protected tenant shall notify
the landlord within 48 hours that the locks have been changed, and
shall provide the landlord with a key by any reasonable method agreed
upon by the landlord and tenant.
   (c) A landlord may change the locks of a tenant's dwelling unit
upon written request of the tenant after the tenant gives the
landlord a copy of a court order lawfully issued pursuant to Section
527.6 of the Code of Civil Procedure, Part 3 (commencing with Section
6240), Part 4 (commencing with Section 6300), or Part 5 (commencing
with Section 6400) of Division 10 of the Family Code, Section 136.2
of the Penal Code, or Section 213.5 of the Welfare and Institutions
Code that excludes from the dwelling unit the restrained person
referred to in subdivision (a). The landlord shall give the protected
tenant a key to the new locks.
   (d) If a landlord fails to change the locks within 48 hours, the
protected tenant may change the locks without the landlord's
permission, notwithstanding any provision in the lease to the
contrary. If the protected tenant changes the locks, the protected
tenant shall notify the landlord within 48 hours that the locks have
been changed, and shall provide the landlord with a key by any
reasonable method agreed upon by the landlord and tenant. This
subdivision shall apply to leases executed on or after the date the
act that added this section takes effect.
   (e) Notwithstanding Section 789.3, if a landlord complies
completely and in good faith with this section, the landlord is not
liable to a person excluded from the dwelling unit pursuant to this
section.
   (f) A person who has been excluded from a dwelling unit under this
section remains liable under the lease with all other tenants of the
dwelling unit for rent as provided in the lease. 
   SEC. 4.    Section 1161.3 is added to the  
Code of Civil Procedure  , to read:  
   1161.3.  A landlord shall not 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 as defined in
Section 6211 of the Family Code, sexual assault as defined in Section
1219, or stalking as defined in Section 1708.7 of the Civil Code or
Section 646.9 of the Penal Code, if both of the following apply:
   (a) The act or acts of domestic violence, sexual assault, or
stalking have been documented by one of the following:
   (1) A temporary restraining order or emergency protective order
lawfully issued pursuant to Section 527.6, Part 3 (commencing with
Section 6240), Part 4 (commencing with Section 6300), or Part 5
(commencing with Section 6400) of Division 10 of the Family Code,
Section 136.2 of the Penal Code, or Section 213.5 of the Welfare and
Institutions Code that protects the tenant or household member from
domestic violence, sexual assault, or stalking.
   (2) A copy of a written report by a peace officer, employed by a
state or local law enforcement agency acting in his or her official
capacity, stating that the tenant or household member has filed a
report alleging that he or she or the household member is a victim of
domestic violence, sexual assault, or stalking.
   (b) The perpetrator of the act or acts of domestic violence,
sexual assault, or stalking is not a tenant of the same dwelling unit
as the tenant or household member.  
  SEC. 2.    Section 1161.3 is added to the Code of
Civil Procedure, to read:
   1161.3.  (a) If a landlord has issued a notice to quit, a tenant
may request that the landlord seek a partial eviction ordering the
removal of another tenant if all of the following are true:
   (1) The tenant seeking the partial eviction or a member of his or
her household is a victim of an act or acts that constitute domestic
violence, sexual assault, or stalking.
   (2) The notice to quit is substantially based upon the act or acts
against the tenant seeking the partial eviction or a member of his
or her household that constitute domestic violence, sexual assault,
or stalking, including, but not limited to, a notice to quit based on
complaints of noise, disturbances, or repeated presence of police.
   (3) The tenant seeking the partial eviction provides the landlord
with a written declaration, signed under penalty of perjury, setting
forth the act or acts constituting domestic violence, sexual abuse,
or stalking against himself or herself or a member of his or her
household and identifies the other tenant who has committed the act
or acts.
   (4) The tenant seeking the partial eviction is not the tenant who
committed the acts of domestic violence, sexual assault, or stalking.

   (b) If the landlord chooses to seek a partial eviction of the
tenant who committed the act or acts of domestic violence, sexual
abuse, or stalking, and the court deems that paragraphs (1) and (2)
of subdivision (a) are true, then the court shall terminate the
tenancy of the tenant who committed the act or acts of domestic
violence, sexual assault, or stalking, while allowing the tenancy of
the remainder of the tenants to continue undisturbed.
   (c) (1) If the landlord chooses not to seek a partial eviction as
provided in subdivision (b) and instead brings an unlawful detainer
action under paragraph (1) or (4) of Section 1161, a tenant may raise
a defense alleging the following:
   (A) The tenant or a member of the tenant's household is a victim
of an act or acts that constitute domestic violence, sexual assault,
or stalking.
   (B) The notice to quit is substantially based upon the act or acts
against the tenant or a tenant's household member that constitute
domestic violence, sexual assault, or stalking, including, but not
limited to, a notice to quit based on complaints of noise,
disturbances, or repeated presence of police.
   (2) If the court determines that both subparagraphs (A) and (B) of
paragraph (1) are true, then the tenant, and the members of the
tenant's household other than a member who committed the act or acts
of domestic violence, sexual assault, or stalking, shall not be
evicted based on acts substantially related to the domestic violence.

   (3)  If the court determines that both subparagraph (A) and (B) of
paragraph (1) are true, then the tenant who committed the act or
acts of domestic violence, sexual assault, or stalking, shall be
evicted. The defense described in this subdivision is not available
to the tenant that committed the act or acts of domestic violence,
sexual abuse, or stalking.
   (d) For the purposes of this section:
   (1) "Household member" means a member of the tenant's family who
lives in the same household as the tenant.
   (2) "Victim of domestic violence, sexual assault, or stalking"
means any person who has been, or is currently being, subjected to
one or more of the following:
   (A) Domestic violence, as defined in Section 6211 of the Family
Code or Section 13700 of the Penal Code.
   (B) Sexual assault, as defined in Section 261, 261.5, 262, 286,
288a, or 289 of the Penal Code.
   (C) Stalking, as defined in Section 1708.7 of this code or Section
646.9 of the Penal Code.
   (e) Nothing in this section shall be construed to affect the
tenant's liability for delinquent rent or other sums owed to the
landlord, or the landlord's remedies in recovering against the tenant
for those sums.
   (f) A landlord shall retain in strictest confidence all
information regarding any act or acts of domestic violence, sexual
assault, or stalking that is received in confidence from a tenant or
a tenant's household member who is a victim, except to the extent
that disclosure is necessary to provide for a reasonable
accommodation for the victim, is otherwise required pursuant to
federal, state, or local law, or is necessary to assist the court in
making the determinations under this section. The victim may
authorize limited or general release of any information otherwise
deemed confidential under this subdivision. The release shall be in
writing.