Existing law, until January 1, 2016, authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence or sexual assault and that the tenant intends to terminate the tenancy. Existing law requires that the tenant attach to the notice to terminate a tenancy a copy of a temporary restraining order or protective order that protects the tenant or household member from further domestic violence or sexual assault or to attach a report by a peace officer stating that the tenant or household member has filed a report alleging he or she or the household member is a victim of domestic violence or sexual assault.

Existing law authorizes the use of a tenants security deposit to compensate a landlord for a tenants default in the payment of rent. Existing law provides that existing law governing security deposits applies to these terminations.

This bill would extend these provisions indefinitely and would reduce the time limit for a tenant to give a notice of intent to vacate to the landlord under these provisions from 30 days to 14 days.

Existing law, until January 1, 2016, authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence or sexual assault and that the tenant intends to terminate the tenancy. Existing law requires that the tenant attach to the notice to terminate a tenancy a copy of a temporary restraining order or protective order that protects the tenant or household member from further domestic violence or sexual assault or to attach a report by a peace officer stating that the tenant or household member has filed a report alleging he or she or the household member is a victim of domestic violence or sexual assault.

Existing law authorizes the use of a tenants security deposit to compensate a landlord for a tenants default in the payment of rent. Existing law provides that existing law governing security deposits applies to these terminations.

This bill would extend these provisions indefinitely and would reduce the time limit for a tenant to give a notice of intent to vacate to the landlord under these provisions from 30 days to 14 days.

Existing law, until January 1, 2016, authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence or sexual assault and that the tenant intends to terminate the tenancy. Existing law requires that the tenant attach to the notice to terminate a tenancy a copy of a temporary restraining order or protective order that protects the tenant or household member from further domestic violence or sexual assault or to attach a report by a peace officer stating that the tenant or household member has filed a report alleging he or she or the household member is a victim of domestic violence or sexual assault.

This bill would extend these provisions indefinitely and would reduce the time limit for a tenant to give a notice of intent to vacate to the landlord under these provisions from 30 days to 14 days.

(1)Existing law, until January 1, 2016, authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence or sexual assault and that the tenant intends to terminate the tenancy. Existing law requires that the tenant attach to the notice to terminate a tenancy a copy of a temporary restraining order or protective order that protects the tenant or household member from further domestic violence or sexual assault or to attach a report by a peace officer stating that the tenant or household member has filed a report alleging he or she or the household member is a victim of domestic violence or sexual assault.

This bill would extend these provisions indefinitely and would reduce the time limit for a tenant to give a notice of intent to vacate to the landlord under these provisions from 30 days to 14 days. The bill would reduce the time that the landlord has to return the tenants security deposit from 21 days to 14 days and would eliminate certain requirements regarding postvacancy inspections by the landlord when the tenant vacates the premises under these provisions. This bill would extend these provisions indefinitely.

(2)Existing law specifies the conditions required for a landlord to retain some or all of a tenants security deposit, based on specified criteria and authorizes the tenant to request an inspection of the premises by the landlord and to be present during the inspection used to assess whether some or all of the security deposit will be retained. use of the security deposit to compensate a landlord for a tenants default in the payment of rent.

This bill would make these inspection provisions inapplicable when the tenancy is terminated by a victim of crime under the above provisions and would make nonsubstantive, organizational changes to these security deposit provisions. provide that the termination of a tenancy by a victim of crime under the above described provisions does not constitute a default in the payment of rent.

(1)Existing law, until January 1, 2016, authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence or sexual assault and that the tenant intends to terminate the tenancy. Existing law requires that the tenant attach to the notice to terminate a tenancy a copy of a temporary restraining order or protective order that protects the tenant or household member from further domestic violence or sexual assault or to attach a report by a peace officer stating that the tenant or household member has filed a report alleging he or she or the household member is a victim of domestic violence or sexual assault.

This bill would reduce the time limit for a tenant to give a notice of intent to vacate to the landlord under these provisions from 30 days to 14 days. The bill would reduce the time that the landlord has to return the tenants security deposit from 21 days to 14 days and would eliminate certain requirements regarding postvacancy inspections by the landlord when the tenant vacates the premises under these provisions. This bill would extend these provisions indefinitely.

(2)Existing law specifies the conditions required for a landlord to retain some or all of a tenants security deposit, based on specified criteria and authorizes the tenant to request an inspection of the premises by the landlord and to be present during the inspection used to assess whether some or all of the security deposit will be retained.

This bill would make these inspection provisions inapplicable when the tenancy is terminated by a victim of crime under the above provisions and would make nonsubstantive, organizational changes to these security deposit provisions.

 THIRD READING  

Bill No: AB 418

Author: Chiu (D), et al.

Amended: 4/20/15 in Assembly

Vote: 21

SENATE JUDICIARY COMMITTEE: 7-0, 6/16/15

AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski

ASSEMBLY FLOOR: 78-0, 4/23/15 - See last page for vote

SUBJECT: Tenancy: termination: victims of violent crime

SOURCE: California Partnership to End Domestic Violence

National Housing Law Project

Western Center on Law & Poverty

DIGEST: This bill extends indefinitely the authorization to use documentation from a qualified third party based on information received by that third party while acting in his or her professional capacity, as specified, to support a notice to terminate a tenancy when the tenant or a household member becomes the victim of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or dependent adult.  This bill reduces from 30 to 14 days the obligation of a tenant who becomes a victim, as specified, to pay rent after providing the landlord with notice to terminate the tenancy, and states that thereafter the tenant shall be released from any rent payment obligation under their lease or rental agreement without penalty.

ANALYSIS:

Existing law:

1. 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.)

2. 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.)

3. Allows a tenant to terminate his or her tenancy if the tenant, or a household member, was the victim of domestic 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: (a) copy of a temporary restraining order, protective order, or emergency protective order, as specified; or (b) copy of a written report by a peace officer, as specified. (Civ. Code Sec. 1946.7(a)-(b).)

4. Provides, until January 1, 2016, that documentation from a qualified third party based on information received by that third party while acting in his or her professional capacity, as specified, may be used to support a notice to terminate a tenancy under the above provision. (Civ. Code Sec. 1946.7(b).)

5. Requires the notice to terminate a 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).)

6. States that if notice to terminate the tenancy is provided to the landlord under the above provisions, the tenant shall be responsible for payment of rent for 30 days following the giving of the notice, as specified, and thereafter shall be released from any rent payment obligation under the rental agreement without penalty. (Civ. Code Sec. 1946.7(d).)

7. Provides that, if within the 30 days following the giving of the notice under the above provisions the tenant quits the premises and the premises are rented to another party, the rent due on the premises for that 30-day period shall be prorated. (Civ. Code Sec. 1946.7(e).)

8. States that the above provisions shall not relieve a tenant, other than the tenant who is, or who has a household member who is, a victim of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult and members of that tenant’s household, from their obligations under the rental agreement. (Civ. Code Sec. 1946.7(f).)

This bill:

1. Extends indefinitely the authorization to use documentation from a qualified third party based on information received by that third party while acting in his or her professional capacity, as specified, to support a notice to terminate a tenancy under the above provisions.

2. States that if notice to terminate the tenancy is provided to the landlord under the above provisions, the tenant shall be responsible for payment of rent for no more than 14 calendar days following the giving of the notice, as specified, and thereafter shall be released from any rent payment obligation under the lease or rental agreement without penalty. This bill also states that if the premises are relet to another party prior to the end of the obligation to pay rent, the rent owed under this provision shall be prorated.

3. Makes other technical and conforming changes.

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 – prior to recent changes in state law – could find themselves subject to liability for breaching their leases.

In response to concerns regarding the inability of victims to terminate leases without liability, AB 2052 (Lieu, Chapter 440, Statutes of 2008) authorized a tenant to terminate his or her lease 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. AB 2052 also provided that a tenant who terminated his or her lease under this provision would be discharged from having to pay rent for any period following 30 days from the date the tenant notified the landlord of their intent to terminate. Subsequently, AB 588 (Perez, Chapter 76, Statutes of 2011) increased the allowable time to terminate upon issuance of a court order or police report from 60 to 180 days. SB 1403 (Yee, Chapter 516, Statutes of 2012) 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. SB 612 (Leno, Chapter 130, Statutes of 2013) further extended these protections to victims of human trafficking, and, until January 1, 2016, included documentation from a qualified third party indicating that the tenant or household member is seeking assistance for physical or mental injuries resulting from violence or abuse among the allowable types of supporting documentation.

This bill extends indefinitely the provision recognizing documentation from a qualified third party as among the allowable types of documentation supporting a tenant’s notice to terminate a tenancy. This bill also reduces from 30 to 14 days the period during which a tenant is responsible for payment of rent following the giving of notice to a landlord of a tenant’s intent to terminate their tenancy.

Comments

The author writes:

For survivors of domestic violence, sexual assault, elder/dependent abuse, human trafficking or stalking, fleeing a dangerous situation could mean life or death. Unfortunately, many survivors are unable to leave their current situation because of their residential lease agreements and rent obligations. Assembly Bill 418 would remove the sunset date of an existing state law that allows a survivor of domestic violence to terminate a residential lease in order to move to safer housing without any economic ramifications. The bill would also decrease the survivors remaining rent obligation from 30 days to 14 days.

If the existing sunset date is not removed, a survivor could only terminate a lease by going to court and obtaining a restraining order or by filing a police report. Many survivors cannot currently take either of those actions. In many cases, survivors who seek restraining orders or contact the police face a real risk of escalating violence by their perpetrators. Furthermore, in 2005, the California Attorney General’s Task Force on Criminal Justice Response to Domestic Violence reported that there were significant burdens placed on survivors seeking family court restraining orders. These burdens included completing lengthy forms that were hard to understand. In addition, immigrant survivors are often reluctant to contact the authorities due to their cultural aversion to involving outsiders in family matters or prior negative experiences with the police and the justice systems in their native countries. Also, limited English proficient individuals continue to face language barriers when interacting with the court system. Removing the sunset would ensure that survivors can continue to terminate leases for safety reasons without having to turn to the courts or the police.

Even with the streamlined procedure that AB 418 would make permanent, there are barriers to early termination because the survivor must still pay for 30 days of additional rent after he or she provides notice to the landlord and must wait 21 days after vacating the unit to get back the security deposit. Together, these time periods deprive survivors of funds they desperately need to secure new rental housing. AB 418 would additionally reduce a survivor’s rent obligation from 30 days to 14 days.

Related/Prior Legislation

SB 612 (Leno, Chapter 130, Statutes of 2013) - See Background.

SB 1403 (Yee, Chapter 516, Statutes of 2012) - See Background.

AB 588 (V. Manuel Pérez, Chapter 76, Statutes of 2011) - See Background.

AB 2052 (Lieu, Chapter 440, Statutes of 2008) - See Background.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 6/16/15)

California Partnership to End Domestic Violence (co-source)

National Housing Law Project (co-source)

Western Center on Law & Poverty (co-source)

Advancing Justice – Asian Law Caucus

American Civil Liberties Union of California

American Federation of State, County and Municipal Employees

California Apartment Association

California Catholic Conference of Bishops

California Coalition Against Sexual Assault

California Communities United Institute

California Women’s Law Center

Casa de Esperanza

Catalyst Domestic Violence Services

City and County of San Francisco

Community Overcoming Relationship Abuse

Greater Napa Valley Fair Housing Center

Housing Equality Law Project

Interface Children & Family Services

Junior League of San Francisco

Laura’s House

Law Foundation of Silicon Valley

Los Angeles County District Attorney’s Office

Monarch Services

National Association of Social Workers, California Chapter

National Council of Jewish Women California

Next Door Solutions to Domestic Violence

Peace Over Violence; Rainbow Services

Safe Alternatives to Violent Environments

San Francisco Domestic Violence Consortium

Shepherd’s Door Domestic Violence Resource Center

Strong Hearted Native Women’s Coalition

Tenants Together

Wild Iris Family Counseling & Crisis Center

YWCA of Glendale

one individual

OPPOSITION: (Verified 6/16/15)

Apartment Association, California Southern Cities

Apartment Association of Orange County

East Bay Rental Housing Association

Nor Cal Rental Property Owners Association

North Valley Property Owners Association

ARGUMENTS IN SUPPORT: According to Tenants Together, current law allows a survivor of domestic violence, sexual assault, elder/dependent adult abuse, human trafficking, or stalking to terminate a residential lease early by providing a landlord with a qualified third party statement from a health professional, domestic violence counselor, a sexual assault counselor, or a human trafficking caseworker indicating that he or she is a survivor of abuse. This provision is due to sunset at the end of this year. Removing the sunset would ensure that survivors can continue to terminate leases for safety reasons without having to turn to the courts or the police.

In addition, they support changes to the law to remove barriers to lease termination arising from excessive rent liability. AB 418 decreases the maximum rent liability following a notice to terminate from 30 days to 14 days.

ARGUMENTS IN OPPOSITION: According to the East Bay Rental Housing Association, when multiple tenants rent a dwelling unit, each tenant is jointly and severally liable for the entire rent—they are all responsible for the full amount of rent. Because they are all responsible for the full rent amount, landlords typically only accept one rent check a month for the full amount.

Tenants often make agreements with one another about how much each tenant pays toward the entire rent. Sometimes tenants agree that each owes an equal amount, like 50/50, or split into thirds if three tenants are renting a unit. More often than not, however, tenants split the rent into unequal shares depending on a variety of factors including who makes more money, or who gets the bigger room.

Landlords are never privy to the agreements tenants make about how much of the rent each tenant is responsible for. A landlord in this circumstance would have no idea what share of the rent was paid by the terminating tenant. It would be unfair to the other tenants, and the subject of a lawsuit, if a landlord assumed the tenant’s share of the rent was precisely 1/3 and paid her back accordingly.

ASSEMBLY FLOOR: 78-0, 4/23/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Campos, Salas

Prepared by: Tobias Halvarson / JUD. / (916) 651-4113

6/19/15 11:17:36

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2015-2016 Regular Session

Bill No: AB 418 (Author:Chiu)

Version: April 20, 2015

Hearing Date: June 16, 2015

Fiscal: No

Urgency: No

Consultant: TH

SUBJECT

Tenancy: termination: victims of violent crime

DESCRIPTION

Existing law authorizes a tenant to terminate a tenancy in 30 days when he, she, or a household member, becomes a victim of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or dependent adult. In order to terminate a tenancy under this provision, the tenant must notify the landlord in writing of the intent to terminate the tenancy and provide either: (1) a copy of a court order protecting the tenant or household member from further violence or abuse, as specified; (2) a copy of a report by a peace officer stating that the tenant or household member has filed a report alleging he, she, or the household member is a victim of violence or abuse, as specified; or, until January 1, 2016, (3) documentation from a qualified third party indicating that the tenant or household member is seeking assistance for physical or mental injuries resulting from violence or abuse, as specified.

This bill would extend the above provision regarding documentation from a qualified third party indefinitely, and reduce the time limit for a tenant to give notice of intent to vacate to their landlord from 30 days to 14 days.

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 – prior to recent changes in state law – could find themselves 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 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. AB 2052 also provided that a tenant who terminated his or her lease under this provision would be discharged from having to pay rent for any period following 30 days from the date the tenant notified the landlord of their intent to terminate. Subsequently, AB 588 (Perez, Ch. 76, Stats. 2011) increased the allowable time to terminate upon issuance of a court order or police report from 60 to 180 days. SB 1403 (Yee, Ch. 516, Stats. 2012) 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. SB 612 (Leno, Ch. 130, Stats. 2013) further extended these protections to victims of human trafficking, and, until January 1, 2016, included documentation from a qualified third party indicating that the tenant or household member is seeking assistance for physical or mental injuries resulting from violence or abuse among the allowable types of supporting documentation.

This bill would extend indefinitely the provision recognizing documentation from a qualified third party as among the allowable types of documentation supporting a tenant’s notice to terminate a tenancy. This bill would also reduce from 30 to 14 days the period during which a tenant is responsible for payment of rent following the giving of notice to a landlord of a tenant’s intent to terminate their tenancy.

CHANGES TO EXISTING LAW

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 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; or (2) copy of a written report by a peace officer, as specified. (Civ. Code Sec. 1946.7(a)-(b).)

Existing law also provides, until January 1, 2016, that documentation from a qualified third party based on information received by that third party while acting in his or her professional capacity, as specified, may be used to support a notice to terminate a tenancy under the above provision. (Civ. Code Sec. 1946.7(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 states that if notice to terminate the tenancy is provided to the landlord under the above provisions, the tenant shall be responsible for payment of rent for 30 days following the giving of the notice, as specified, and thereafter shall be released from any rent payment obligation under the rental agreement without penalty. (Civ. Code Sec. 1946.7(d).)

Existing law provides that, if within the 30 days following the giving of the notice under the above provisions the tenant quits the premises and the premises are rented to another party, the rent due on the premises for that 30-day period shall be prorated. (Civ. Code Sec. 1946.7(e).)

Existing law states that the above provisions shall not relieve a tenant, other than the tenant who is, or who has a household member who is, a victim of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult and members of that tenant’s household, from their obligations under the rental agreement. (Civ. Code Sec. 1946.7(f).)

This bill would extend indefinitely the authorization to use documentation from a qualified third party based on information received by that third party while acting in his or her professional capacity, as specified, to support a notice to terminate a tenancy under the above provisions.

This bill would state that if notice to terminate the tenancy is provided to the landlord under the above provisions, the tenant shall be responsible for payment of rent for no more than 14 calendar days following the giving of the notice, as specified, and thereafter shall be released from any rent payment obligation under the lease or rental agreement without penalty. This bill would also state that if the premises are relet to another party prior to the end of the obligation to pay rent, the rent owed under this provision shall be prorated.

This bill would make other technical and conforming changes.

COMMENT

1. Stated need for the bill

The author writes:

For survivors of domestic violence, sexual assault, elder/dependent abuse, human trafficking or stalking, fleeing a dangerous situation could mean life or death. Unfortunately, many survivors are unable to leave their current situation because of their residential lease agreements and rent obligations. Assembly Bill 418 would remove the sunset date of an existing state law that allows a survivor of domestic violence to terminate a residential lease in order to move to safer housing without any economic ramifications. The bill would also decrease the survivors remaining rent obligation from 30 days to 14 days.

If the existing sunset date is not removed, a survivor could only terminate a lease by going to court and obtaining a restraining order or by filing a police report. Many survivors cannot currently take either of those actions. In many cases, survivors who seek restraining orders or contact the police face a real risk of escalating violence by their perpetrators. Furthermore, in 2005, the California Attorney General’s Task Force on Criminal Justice Response to Domestic Violence reported that there were significant burdens placed on survivors seeking family court restraining orders. These burdens included completing lengthy forms that were hard to understand. In addition, immigrant survivors are often reluctant to contact the authorities due to their cultural aversion to involving outsiders in family matters or prior negative experiences with the police and the justice systems in their native countries. Also, limited English proficient individuals continue to face language barriers when interacting with the court system. Removing the sunset would ensure that survivors can continue to terminate leases for safety reasons without having to turn to the courts or the police.

Even with the streamlined procedure that AB 418 would make permanent, there are barriers to early termination because the survivor must still pay for 30 days of additional rent after he or she provides notice to the landlord and must wait 21 days after vacating the unit to get back the security deposit. Together, these time periods deprive survivors of funds they desperately need to secure new rental housing. AB 418 would additionally reduce a survivor’s rent obligation from 30 days to 14 days.

2. Aiding Victims of Violence and Abuse

By removing the January 1, 2016, sunset date on the provision allowing the use of documentation from a third party and reducing the required time for notice, this bill would ensure that victims of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, continue to be able to terminate their rental or lease agreements early upon providing written notice and acceptable substantiating documentation to their landlord showing that they have become the victim of violence or abuse. According to a study on housing and sexual violence conducted by the National Sexual Violence Resource Center, sexual violence survivors commonly reported difficulty in finding replacement housing after becoming a victim of violence or abuse because they lacked adequate funds to break leases and secure alternative housing. (National Sexual Violence Resource Center, Housing and Sexual Violence: Overview of National Survey (Jan. 2010) <http://www.nsvrc.org/sites/ default/files/Publications_NSVRC_Reports_Housing-and-sexual-violence-overview-of-national-survey.pdf> [as of June 9, 2015].) Participants in the study indicated that they had sexual violence clients who “cannot afford to pay for deposits and other moving expenses as a result of being traumatized” and “often stay in dangerous relationships due to lack of financial stability,” and others who “had to break leases in order to find safety.” (Id.) Writing in support, the California Conference of Catholic Bishops states:

Between 22 and 57 percent of all homeless women report that domestic violence was the immediate cause of their homelessness. Fifty-two percent of all sexual assaults occur where the victims live, and a study found that nearly 80 percent of sexual assault survivors living in public housing wanted to relocate because the perpetrator was nearby, but could not due to a lack of funds and housing options. Over 80 percent of domestic violence survivors entering shelters identified “finding housing I can afford” as a need, second only to “safety for myself.”

The California Apartment Association (CAA), also in support, states:

CAA members don’t believe that a landlord should hold victims liable for extended rent when they are fleeing a dangerous domestic situation. In many cases, a move from the property is the best decision for the victim and the family as well as other tenants at the property.

This bill would make it easier for victims to find replacement housing and escape from potentially dangerous environments by allowing them to support a notice to terminate a tenancy with documentation provided by a qualified third party, like a doctor or counselor. This bill would also lower the financial obligation of a victim who has to break a lease or rental agreement because of violence or abuse by limiting their post-notice responsibility to pay rent to just 14 days instead of 30 days as required by existing law. Lowering the financial obligations of victims who lease or rent housing should provide them with additional financial resources to quickly secure replacement housing without having to, for example, wait for the refund of a security deposit. Keeping with existing law, this bill would not relieve tenants or co-tenants other than the victim from their obligations under a lease or rental agreement.

3. Documentation from Qualified Third Parties

SB 612 (Leno, Ch. 130, Stats. 2013) authorized victims of domestic violence, sexual assault, stalking, human trafficking, and dependent adult or elder abuse, to provide documentation from a qualified third party based on information received by that third party while acting in his or her professional capacity to support a 30-day notice to terminate a tenancy and be released without penalty from their lease or rental agreement. At that time, some stakeholders voiced concern that expanding supporting documentation to include statements from qualified third parties would invite abuse by tenants who aim only to terminate a lease or rental agreement early without penalty. Noting the possibility of abuse, this Committee added a two-year sunset provision to the qualified third party provision to re-evaluate whether any misuse of this provision had occurred.

Since that time, the Committee has not received any specific evidence demonstrating exploitation or misuse of the qualified third party provision, nor have any stakeholders repeated concerns about potential misuse. Absent evidence to the contrary, it would appear that the passage of time has assuaged concerns that tenants would misuse this provision to try and avoid their rental obligations. This bill would, consequently, eliminate the sunset provision and extend the qualified third party provision indefinitely.

4. Opposition Concerns

Several apartment and property owners associations have voiced concern that lowering from 30 days to 14 days the period for which tenants are responsible for rent after providing notice of their intent to terminate a tenancy “will be impossible to comply with.” They state:

When multiple tenants rent a dwelling unit, [each] tenant is jointly and severally liable for the entire rent—they are all responsible for the full amount of rent. Because they are all responsible for the full rent amount, landlords typically only accept one rent check a month for the full amount.

Tenants often make agreements with one another about how much each tenant pays toward the entire rent. Sometimes tenants agree that each owes an equal amount, like 50/50, or split into thirds if three tenants are renting a unit. More often than not, however, tenants split the rent into unequal shares depending on a variety of factors including who makes more money, or who gets the bigger room.

Landlords are never privy to the agreements tenants make about how much of the rent each tenant is responsible for . . . A landlord in this circumstance would have no idea what share of the rent was paid by the terminating tenant. It would be unfair to the other tenants, and the subject of a lawsuit, if a landlord assumed the tenant’s share of the rent was precisely 1/3 and paid her back accordingly.

Given that existing law already requires landlords to release qualifying tenants from a lease or rental obligation whether or not they have co-tenants, it is unclear why lowering the rental obligation period from 30 to 14 days, as proposed by this bill, would create an unworkable situation. Existing law specifies that release of a qualifying tenant shall not relieve any other tenant, other than the qualifying tenant’s household, from their obligations under a lease or rental agreement. Consequently, existing law should address the apportionment problem identified by stakeholders. Regardless, to the extent landlords are drawn into apportioning rent between co-tenants, the changes proposed in this bill would not appear to impact that process. Whether the relevant period of time to apportion is 14 days, 30 days, or any other number of days, the apparent difficulty of apportioning rent among co-tenants responsible for unequal proportions of the total rent remains the same. This bill is unlikely to create any new difficulties for apportioning rent among co-tenants.

Support: Advancing Justice – Asian Law Caucus; American Civil Liberties Union of California; American Federation of State, County and Municipal Employees; California Apartment Association; California Catholic Conference of Bishops; California Coalition Against Sexual Assault; California Communities United Institute; California Women’s Law Center; Casa de Esperanza; Catalyst Domestic Violence Services; City and County of San Francisco; Community Overcoming Relationship Abuse; Greater Napa Valley Fair Housing Center; Housing Equality Law Project; Interface Children & Family Services; Junior League of San Francisco; Laura’s House; Law Foundation of Silicon Valley; Los Angeles County District Attorney’s Office; Monarch Services; National Association of Social Workers, California Chapter; National Council of Jewish Women California; Next Door Solutions to Domestic Violence; Peace Over Violence; Rainbow Services; Safe Alternatives to Violent Environments; San Francisco Domestic Violence Consortium; Shepherd’s Door Domestic Violence Resource Center; Strong Hearted Native Women’s Coalition; Tenants Together; Wild Iris Family Counseling & Crisis Center; YWCA of Glendale; one individual

Opposition: Apartment Association, California Southern Cities; Apartment Association of Orange County; East Bay Rental Housing Association; Nor Cal Rental Property Owners Association; North Valley Property Owners Association

HISTORY

Source: California Partnership to End Domestic Violence; National Housing Law Project; Western Center on Law & Poverty

Related Pending Legislation: None Known

Prior Legislation:

SB 612 (Leno, Ch. 130, Stats. 2013) See Background.

SB 1403 (Yee, Ch. 516, Stats. 2012) See Background.

AB 588 (V. Manuel Pérez, Ch. 76, Stats. 2011) See Background.

AB 2052 (Lieu, Ch. 440, Stats. 2008) See Background.

Prior Vote:

Assembly Floor (Ayes 78, Noes 0)

Assembly Judiciary Committee (Ayes 10, Noes 0)

**************

ASSEMBLY THIRD READING

ATR Bill Id:AB 418

Author:(Chiu)

As Amended Ver:April 20, 2015

Majority vote

SUMMARY: Extends indefinitely existing law that, until January 1, 2016, permits survivors of domestic violence, human trafficking, and other crimes to terminate a residential lease in order to escape their abusers. Specifically, this bill:

1. Removes the sunset date of January 1, 2016, for provisions that allow a survivor of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or dependent adult to terminate a residential tenancy before the end of the term, substantiated by documentation of abuse or violence, as specified, from a health professional, counselor, or other qualified third party.

2. Decreases the survivor's maximum rent liability following a notice to terminate from 30 days to 14 days.

3. Clarifies that existing law on security deposits shall apply when a tenancy is terminated under this bill.

FISCAL EFFECT: None

COMMENTS: This bill, co-sponsored by the California Partnership to End Domestic Violence, Western Center on Law and Poverty, and the National Housing Law Project, seeks to remove the sunset date for existing California law that, until January 1, 2016, gives survivors of human trafficking, domestic violence, sexual assault, stalking, and elder or dependent adult abuse the ability to terminate a residential lease with documentation of abuse or violence. This bill also would lower, from 30 days to 14 days, the number of days that the survivor would be liable for rent after giving notice to terminate the tenancy under these provisions. According to the Western Center on Law and Poverty, these changes "will make the ability to terminate far more effective in allowing victims to escape abusive relationships. To the extent that victims will have the financial resources to move rather than stay, they may be of benefit to landlords and neighbors who might otherwise be in proximity to further abusive acts."

Background of previous legislation establishing protections for victims of abuse. In recent years, the Legislature has recognized the importance of enabling victims of domestic violence and other kinds of abuse to terminate a residential lease without liability in order to escape their abusers. This bill is the latest in a number of previous successful efforts to further this important policy goal. In 2008, the Legislature passed AB 2052 (Lieu), Chapter 440, Statutes of 2008, which for the first time allowed a tenant to terminate his or her lease within 60 days of the issuance of a temporary restraining order, emergency protective order, or written report by a peace officer alleging that he or she is a victim of domestic violence or stalking. Subsequently, AB 588 (V. Manuel Pérez), Chapter 76, Statutes of 2011, lengthened the time period from 60 days to 180 days. The Legislature later passed SB 782 (Yee), Chapter 626, Statutes of 2010, and SB 1403 (Yee), Chapter 516, Statutes of 2012, which extended these protections to victims of domestic violence, sexual assault, stalking, and elder or dependent adult abuse, and included protective orders among the acceptable supportive documentation. SB 612 (Leno), Chapter 130, Statutes of 2013, later extended these protections to victims of human trafficking and authorized documentation by a qualified third party professional to establish that the tenant was a victim of abuse for the purpose of terminating the tenancy. SB 612 also established confidentiality protections for the documentation, and established a sunset date of January 1, 2016, for all of these provisions.

Summary of existing procedures for termination of tenancy set to expire at the end of this year. To help survivors of abuse get away from their abusers, existing law permits tenants who are victims of domestic violence, human trafficking, sexual assault, stalking, or elder or dependent adult abuse to terminate their rental or lease agreement before the end of its term. Specifically, the tenant must provide written notice to the landlord that he or she or a household member was a victim of one of these types of abuse as well as documentation of the abuse, in the form of a temporary restraining order, protective order, emergency protective order, elder or dependent adult abuse order, written report by a law enforcement agency or officer, or documentation from a qualified third party, based on information received while the qualified third party was acting in his or her professional capacity.

Existing law provides for a standard form document that may be used for this purpose, or modified as long as it contains substantially the same information. This documentation must include a signed statement by the tenant seeking to terminate the tenancy attesting that he or she has been a victim of abuse or violence, as specified, and identifying additional information about the most recent incident and the person or persons responsible for the acts of abuse or violence. The documentation also must include a signed statement by the qualified third party identifying his or her qualified profession, as specified; licensing information, if applicable; and attesting that the tenant stated to the third party that the tenant or a member of his or her household was a victim of one of the specified forms of abuse or violence. Under existing law, qualified third parties include domestic violence counselors, sexual assault counselors, human trafficking caseworkers, and various health practitioners, such as physicians, psychiatrists, and nurses.

Existing law requires the notice to terminate the rental agreement to be given within 180 days of the date the court order, police report, or documentation from a qualified third party was issued. If the tenant provides documentation as required and gives the proper notice of termination within the required 180 days, he or she must pay rent only for the 30 days following the date notice of termination to the landlord was given. After that, the tenant is released from the obligation to pay rent and may vacate the residence without further liability.

Existing law also prohibits a landlord from disclosing any information provided by a tenant regarding his or her notice to terminate tenancy unless required by law or court order, or the tenant consents in writing to the disclosure. Confidentiality is necessary because documentation of abuse can include personal, sensitive information and may jeopardize the safety of victims if disclosed to the wrong person (for example, the current address of a relocated human trafficking victim if not shielded from the trafficker or the trafficker's associates).

The provisions described above are all set to expire on January 1, 2016. The purpose of the sunset date was to allow the Legislature to review the law in order to ascertain whether there has been any misuse of qualified third-party documentation by ineligible tenants or whether other unforeseen problems have arisen. According to the author and sponsor, there are no reported issues of alleged fraud pertaining to the third party documentation and they are not aware of any unforeseen problems that have arisen since SB 612 was enacted in 2013. Proponents note that the federal Violence Against Women Act (VAWA) has allowed the same third party documentation option for over a decade, and they contend that landlords and housing authorities have generally not had a problem with this form of verification under VAWA, and in fact, some landlords actually request it as an additional way to document or corroborate instances of abuse. Accordingly, this bill would remove the sunset date from current law in order to establish these provisions indefinitely.

After a notice to terminate is given, this bill lowers the liability for rent from 30 days to 14 days. As previously described, existing law requires a survivor of abuse to pay rent for 30 days after giving notice of termination to the landlord, as long as the tenant provides required documentation and gives the proper notice of termination within the prescribed statutory period of 180 days. This bill would decrease the period of time, from 30 days to 14 days, that the survivor of abuse is liable for the rent after giving notice to terminate the tenancy under these provisions.

According to the author, reducing additional rent obligations will help more survivors find safe and decent replacement housing – something that is crucial to combatting homelessness among survivors. According to data from the National Sexual Resource Violence Center, 52% of all sexual assaults occur where the survivors live, and nearly 80% of sexual assault survivors living in public housing wanted to relocate because the perpetrator was nearby, but could not due to a lack of funds and housing options. In a 2006 report by the United States Conference of Mayors, 44% of the cities surveyed identified domestic violence as the primary cause of homelessness.

Under current law, victims of abuse renting under a month-to-month lease may already relocate from a property within a 30-day period without further liability simply by giving notice and failing to renew for the next month. Therefore the current 30-day rent liability period primarily benefits those victims who have obligations under a long-term lease, rather than under a month-to-month lease. It should be noted that by establishing a shorter 14-day period, this bill would potentially benefit all victims of abuse under a lease, whether it be month-to-month or for a longer term.

Return of security deposits governed by existing law. Recent amendments to the bill replace provisions stating that the landlord may not consider a termination of tenancy under this bill to constitute a default in payment of rent, and that the landlord may not deduct from the survivor's security deposit by reason of a termination of tenancy under this bill. Instead, the bill simply clarifies that existing law governing the security deposit shall apply in a termination of tenancy under this bill. With these amendments, the California Apartment Association supports the bill.

ASSEMBLY THIRD READING

ATR Bill Id:AB 418

Author:(Chiu)

As Amended Ver:April 6, 2015

Majority vote

SUMMARY: Extends indefinitely existing law that, until January 1, 2016, permits survivors of domestic violence, human trafficking, and other crimes to terminate a residential lease in order to escape their abusers. Specifically, this bill:

1. Removes the sunset date of January 1, 2016, for provisions that allow a survivor of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or dependent adult to terminate a residential tenancy before the end of the term, substantiated by documentation of abuse or violence, as specified, from a health professional, counselor, or other qualified third party.

2. Decreases the survivor's maximum rent liability following a notice to terminate from 30 days to 14 days.

3. Clarifies that a tenancy terminated under these provisions shall not constitute a default in the payment of rent by the tenant and no deduction may be made from the tenant's security deposit to compensate a landlord for default in the payment of rent by reason of a termination under this section. Further clarifies that existing law on security deposits shall otherwise apply when a tenancy is terminated under this bill.

FISCAL EFFECT: None

COMMENTS: This bill, co-sponsored by the California Partnership to End Domestic Violence, Western Center on Law and Poverty, and the National Housing Law Project, seeks to remove the sunset date for existing California law that, until January 1, 2016, gives survivors of human trafficking, domestic violence, sexual assault, stalking, and elder or dependent adult abuse the ability to terminate a residential lease with documentation of abuse or violence. This bill also would lower, from 30 days to 14 days, the number of days that the survivor would be liable for rent after giving notice to terminate the tenancy under these provisions. According to the Western Center on Law and Poverty, these changes "will make the ability to terminate far more effective in allowing victims to escape abusive relationships. To the extent that victims will have the financial resources to move rather than stay, they may be of benefit to landlords and neighbors who might otherwise be in proximity to further abusive acts."

Background of previous legislation establishing protections for victims of abuse. In recent years, the Legislature has recognized the importance of enabling victims of domestic violence and other kinds of abuse to terminate a residential lease without liability in order to escape their abusers. This bill is the latest in a number of previous successful efforts to further this important policy goal. In 2008, the Legislature passed AB 2052 (Lieu), Chapter 440, Statutes of 2008, which for the first time allowed a tenant to terminate his or her lease within 60 days of the issuance of a temporary restraining order, emergency protective order, or written report by a peace officer alleging that he or she is a victim of domestic violence or stalking. Subsequently, AB 588 (V. Manuel Pérez), Chapter 76, Statutes of. 2011, lengthened the time period from 60 days to 180 days. The Legislature later passed SB 782 (Yee), Chapter 626, Statutes 2010, and SB 1403 (Yee), Chapter 516, Statutes 2012, which extended these protections to victims of domestic violence, sexual assault, stalking, and elder or dependent adult abuse, and included protective orders among the acceptable supportive documentation. SB 612 (Leno), Chapter 130, Statutes of 2013, later extended these protections to victims of human trafficking and authorized documentation by a qualified third party professional to establish that the tenant was a victim of abuse for the purpose of terminating the tenancy. SB 612 also established confidentiality protections for the documentation, and established a sunset date of January 1, 2016 for all of these provisions.

Summary of existing procedures for termination of tenancy set to expire at the end of this year. To help survivors of abuse get away from their abusers, existing law permits tenants who are victims of domestic violence, human trafficking, sexual assault, stalking, or elder or dependent adult abuse to terminate their rental or lease agreement before the end of its term. Specifically, the tenant must provide written notice to the landlord that he or she or a household member was a victim of one of these types of abuse as well as documentation of the abuse, in the form of a temporary restraining order, protective order, emergency protective order, elder or dependent adult abuse order, written report by a law enforcement agency or officer, or documentation from a qualified third party, based on information received while the qualified third party was acting in his or her professional capacity.

Existing law provides for a standard form document that may be used for this purpose, or modified as long as it contains substantially the same information. This documentation must include a signed statement by the tenant seeking to terminate the tenancy attesting that he or she has been a victim of abuse or violence, as specified, and identifying additional information about the most recent incident and the person or persons responsible for the acts of abuse or violence. The documentation also must include a signed statement by the qualified third party identifying his or her qualified profession, as specified; licensing information, if applicable; and attesting that the tenant stated to the third party that the tenant or a member of his or her household was a victim of one of the specified forms of abuse or violence. Under existing law, qualified third parties include domestic violence counselors, sexual assault counselors, human trafficking caseworkers, and various health practitioners, such as physicians, psychiatrists, and nurses.

Existing law requires the notice to terminate the rental agreement to be given within 180 days of the date the court order, police report, or documentation from a qualified third party was issued. If the tenant provides documentation as required and gives the proper notice of termination within the required 180 days, he or she must pay rent only for the 30 days following the date notice of termination to the landlord was given. After that, the tenant is released from the obligation to pay rent and may vacate the residence without further liability.

Existing law also prohibits a landlord from disclosing any information provided by a tenant regarding his or her notice to terminate tenancy unless required by law or court order, or the tenant consents in writing to the disclosure. Confidentiality is necessary because documentation of abuse can include personal, sensitive information and may jeopardize the safety of victims if disclosed to the wrong person (for example, the current address of a relocated human trafficking victim if not shielded from the trafficker or the trafficker's associates).

The provisions described above are all set to expire on January 1, 2016. The purpose of the sunset date was to allow the Legislature to review the law in order to ascertain whether there has been any misuse of qualified third-party documentation by ineligible tenants or whether other unforeseen problems have arisen. According to the author and sponsor, there are no reported issues of alleged fraud pertaining to the third party documentation and they are not aware of any unforeseen problems that have arisen since SB 612 was enacted in 2013. Proponents note that the federal Violence Against Women Act (VAWA) has allowed the same third party documentation option for over a decade, and they contend that landlords and housing authorities have generally not had a problem with this form of verification under VAWA, and in fact, some landlords actually request it as an additional way to document or corroborate instances of abuse. Accordingly, this bill would remove the sunset date from current law in order to establish these provisions indefinitely.

After a notice to terminate is given, this bill lowers the liability for rent from 30 days to 14 days. As previously described, existing law requires a survivor of abuse to pay rent for 30 days after giving notice of termination to the landlord, as long as the tenant provides required documentation and gives the proper notice of termination within the prescribed statutory period of 180 days. This bill would decrease the period of time, from 30 days to 14 days, that the survivor of abuse is liable for the rent after giving notice to terminate the tenancy under these provisions.

According to the author, reducing additional rent obligations will help more survivors find safe and decent replacement housing – something that is crucial to combatting homelessness among survivors. According to data from the National Sexual Resource Violence Center, 52% of all sexual assaults occur where the survivors live, and nearly 80% of sexual assault survivors living in public housing wanted to relocate because the perpetrator was nearby, but could not due to a lack of funds and housing options. In a 2006 report by the United States Conference of Mayors, 44% of the cities surveyed identified domestic violence as the primary cause of homelessness.

Under current law, victims of abuse renting under a month-to-month lease may already relocate from a property within a 30-day period without further liability simply by giving notice and failing to renew for the next month. Therefore the current 30-day rent liability period primarily benefits those victims who have obligations under a long-term lease, rather than under a month-to-month lease. It should be noted that by establishing a shorter 14-day period, this bill would potentially benefit all victims of abuse under a lease, whether it be month-to-month or for a longer term.

Return of security deposits governed by existing law. Recent amendments to the bill remove provisions requiring an accelerated process for the return of a survivor's security deposit upon termination of the lease or rental agreement. Instead, the bill simply clarifies that existing security deposit law, Civil Code Section 1950.5, applies when a survivor of abuse terminates a tenancy under these provisions, and that the landlord may not consider such a termination to constitute a default in payment of rent, nor deduct from the survivor's security deposit by reason of a termination of tenancy under these provisions. With these amendments, the California Apartment Association supports the bill.

Analysis Prepared by: Anthony Lew / JUD. / (916) 319-2334 FN: 0000090

Date of Hearing: March 24, 2015

ASSEMBLY COMMITTEE ON JUDICIARY

Mark Stone, Chair

ABPCA Bill Id:AB 418

Author:(Chiu) – As Introduced Ver:February 19, 2015

As Proposed to be Amended

SUBJECT: TENANCY: TERMINATION: VICTIMS OF VIOLENT CRIME

KEY ISSUES:

1. should existing law, set to expire on january 1, 2016, that has successfully helped SURVIVORs of domestic violence, human trafficking, and other forms of abuse escape their abusers by permitting them to terminate a residential lease, instead be extended indefinitely without a sunset date?

2. IN ORDER TO HELP SURVIVORS OF SUCH ABUSE FIND REPLACEMENT HOUSING THEY CAN AFFORD, should THE MAXIMUM AMOUNT OF RENT THAT HE OR SHE IS LIABLE FOR AFTER GIVING NOTICE TO TERMINATE THE TENANCY BE DECREASED FROM 30 DAYS OF RENT TO 14 DAYS OF RENT?

SYNOPSIS

Current law, Civil Code Section 1946.7, allows a survivor of domestic violence, sexual assault, elder/dependent adult abuse, human trafficking, or stalking to terminate a residential lease early if he or she is able to provide the landlord with documentation from a health professional, domestic violence counselor, sexual assault counselor, or human trafficking caseworker attesting that he or she is a survivor of abuse or violence. Among other things, current law also prohibits a landlord from disclosing any information provided by a tenant regarding his or her notice to terminate tenancy unless required by law or court order or when the tenant has consented in writing to the disclosure. Section 1946.7 is due to sunset on January 1, 2016 without further Legislative action. This bill, co-sponsored by the California Partnership to End Domestic Violence, Western Center on Law and Poverty, and the National Housing Law Project, seeks to remove the sunset date on this section of law and extend these provisions indefinitely. According to proponents, the early lease termination law has successfully helped survivors of abuse and violence get away from their abusers without evidence that the documentation rules have been unfairly exploited or misused. The bill also would lower, from 30 days to 14 days, the number of days that the survivor of abuse would be liable for rent after giving notice to terminate the tenancy under these provisions. Supporters contend that this reduction in rent liability would greatly help survivors afford replacement housing they desperately need to avoid homelessness, which is too frequently the outcome of getting away from their abusers. Proposed amendments by the author remove other provisions in the current version of the bill that would require the accelerated return of the survivor's security deposit and specify the procedure for doing so. As proposed to be amended, the bill instead simply clarifies that existing security deposit law, Civil Code Section 1950.5, shall apply when a survivor of abuse terminates a tenancy under these provisions, and that the landlord may not consider such a termination to constitute a default in payment of rent nor deduct from the survivor's security deposit by reason of such termination. With these proposed amendments, the California Apartment Association now joins an array of tenant advocates and advocates for victims of domestic violence and human trafficking in support of the bill. There is no known opposition to the bill.

SUMMARY: Extends indefinitely existing law that, until January 1, 2016, permits survivors of domestic violence, human trafficking, and other crimes to terminate a residential lease in order to escape their abusers. Specifically, this bill:

1. Removes the sunset date of January 1, 2016 for provisions that allow a survivor of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or dependent adult to terminate a residential tenancy before the end of the term, substantiated by documentation of abuse or violence, as specified, from a health professional, counselor, or other qualified third party.

2. Decreases the survivor's maximum rent liability following a notice to terminate from 30 days to 14 days.

3. Clarifies that a tenancy terminated under these provisions shall not constitute a default in the payment of rent by the tenant and no deduction may be made from the tenant's security deposit to compensate a landlord for default in the payment of rent by reason of a termination under this section. Further clarifies that existing law on security deposits shall otherwise apply when a tenancy is terminated under this bill.

EXISTING LAW:

1. 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. (Civil Code Sec. 1951.2.)

2. Allows a tenant to notify the landlord that he or she or a household member was a victim of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or dependent adult, and that the tenant intends to terminate the tenancy. (Civil Code Section 1946.7(a).)

3. Requires that the above notice shall be in writing and attached to one of the following documents:

   1. A copy of a temporary restraining order or emergency protective order that was lawfully issued and that protects the tenant or household member from further domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or dependent adult.

   2. A copy of a written report by a peace officer employed by a state or local law enforcement agency stating that the tenant or household member is a victim of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or dependent adult.

   3. Documentation from a qualified third party, based on information received while acting in his or her professional capacity, indicating that the tenant or household member is seeking assistance for physical or mental injuries or abuse as specified. (Civil Code Section 1946.7(b).)

4. Requires that the notice to terminate a tenancy, as described above, must be given within 180 days of that date that an order was issued or the peace officer report was made. Specifies that if the notice is provided as required, the tenant shall be liable for payment of rent for the 30-day period following notice and shall thereafter be released from any rent payment obligation under the rental agreement without penalty. (Civil Code Section 1946.7 (c)-(d).)

5. Provides that, if within the 30 days following the giving of the notice to terminate, the tenant quits the premises and the premises are rented to another party, the rent due on the premises for that 30-day period shall be prorated, and that existing law governing the security deposit shall apply. (Civil Code Section 1946.7(e).)

6. Establishes a sunset date of January 1, 2016 that provisions 2) through 5) above will be repealed unless a later statute enacted before that date deletes or extends that sunset date. (Civil Code Section 1946.7(i).)

7. Prohibits a landlord from terminating or failing to renew a tenancy based upon an act or acts of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or dependent adult against a tenant or a tenant's household member, except as provided. (Code of Civil Procedure Section 1161.3.)

FISCAL EFFECT: As currently in print this bill is keyed non-fiscal.

COMMENTS: This bill, co-sponsored by the California Partnership to End Domestic Violence, Western Center on Law and Poverty, and the National Housing Law Project, seeks to remove the sunset date for existing California law that, until January 1, 2016, gives survivors of human trafficking, domestic violence, sexual assault, stalking, and elder or dependent adult abuse the ability to terminate a residential lease with documentation of abuse or violence. The bill also would lower, from 30 days to 14 days, the number of days that the survivor would be liable for rent after giving notice to terminate the tenancy under these provisions.

According to the Western Center on Law and Poverty, a co-sponsor of the bill:

Domestic violence and other abusive relationships lead to homelessness. Over 80% of survivors entering shelters identified “finding housing I can afford” as a need, second only to “safety for myself” (85%). Between 22 and 57% of all homeless women report that domestic violence was the immediate cause of their homelessness. The Centers for Disease Control’s National Intimate Partner and Sexual Violence Survey found that, among both men & women, 2.4% will require housing services as a result of DV at some point in their lives. Over half of the women needing housing services received none at all.

AB 418 would address these problems in two ways. First, it would remove the sunset date of December 31, 2015 for the ability for a survivor to terminate a residential tenancy early, based upon giving a statement to a healthcare and other enumerated professionals. These provisions would become permanent. Second, it would decrease the maximum rent liability following a notice to terminate from 30 days to 14 days. This change will make the ability to terminate far more effective in allowing victims to escape abusive relationships. To the extent that victims will have the financial resources to move rather than stay, the change may be of benefit to landlords and neighbors who might otherwise be in proximity to further abusive acts.

Background of previous legislation establishing protections for victims of abuse. In recent years, the Legislature has recognized the importance of enabling victims of domestic violence and other kinds of abuse to terminate a residential lease without liability in order to escape their abusers. This bill is the latest in a number of previous successful efforts to further this important policy goal. In 2008, the Legislature passed AB 2052 (Lieu), Ch. 440, Stats. 2008, which for the first time allowed a tenant to terminate his or her lease within 60 days of the issuance of a temporary restraining order, emergency protective order, or written report by a peace officer alleging that he or she is a victim of domestic violence or stalking. Absent that protection, victims who relocated may still have been liable if the landlord did not agree to release the victim from his or her obligations under the lease. Subsequently, AB 588 (V. Manuel Pérez), Ch. 76, Stats. 2011, lengthened the above time period from 60 days to 180 days.

In 2010, the Legislature passed SB 782 (Yee), Ch. 626, Stats. 2010, which prohibited landlords from terminating or failing to renew a tenancy based upon a documented act or acts against a tenant or household member who is a victim of domestic violence, sexual assault, or stalking. 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 a victim of abuse seeks to terminate a lease before the end of its term. In 2013, SB 612 (Leno), Ch. 130, Stats. 2013, extended these protections to victims of human trafficking and authorized documentation by a qualified third party professional to establish that the tenant was a victim of abuse for the purpose of terminating the tenancy. SB 612 also established confidentiality protections for the documentation, and established a sunset date of January 1, 2016 for all of these provisions.

Summary of existing procedures for termination of tenancy set to expire at the end of this year. To help survivors of abuse get away from their abusers, existing law permits tenants who are victims of domestic violence, human trafficking, sexual assault, stalking, or elder or dependent adult abuse to terminate their rental or lease agreement before the end of its term. Specifically, the tenant must provide written notice to the landlord that he or she or a household member was a victim of one of these types of abuse as well as documentation of the abuse, in the form of a temporary restraining order, protective order, emergency protective order, elder or dependent adult abuse order, written report by a law enforcement agency or officer, or documentation from a qualified third party, based on information received while the qualified third party was acting in his or her professional capacity.

Existing law provides for a standard form document that may be used for this purpose, or modified as long as it contains substantially the same information. This documentation must include a signed statement by the tenant seeking to terminate the tenancy attesting that he or she has been a victim of abuse or violence, as specified, and identifying additional information about the most recent incident and the person or persons responsible for the acts of abuse or violence. The documentation also must include a signed statement by the qualified third party identifying his or her qualified profession, as specified; licensing information, if applicable; and attesting that the tenant stated to the third party that the tenant or a member of his or her household was a victim of one of the specified forms of abuse or violence. Under existing law, qualified third parties include domestic violence counselors, sexual assault counselors, human trafficking caseworkers, and various health practitioners, such as physicians, psychiatrists, and nurses.

Existing law requires the notice to terminate the rental agreement to be given within 180 days of the date the court order, police report, or documentation from a qualified third party was issued. If the tenant provides documentation as required and gives the proper notice of termination within the required 180 days, he or she must pay rent only for the 30 days following the date notice of termination to the landlord was given. After that, the tenant is released from the obligation to pay rent and may vacate the residence without further liability.

Existing law also prohibits a landlord from disclosing any information provided by a tenant regarding his or her notice to terminate tenancy unless required by law or court order, or the tenant consents in writing to the disclosure. Confidentiality is necessary because documentation of abuse can include personal, sensitive information and may jeopardize the safety of victims if disclosed to the wrong person (for example, the current address of a relocated human trafficking victim if not shielded from the trafficker or the trafficker's associates).

The provisions described above are all set to expire on January 1, 2016. The purpose of the sunset date was to allow the Legislature to review the law in order to ascertain whether there has been any misuse of qualified third-party documentation by ineligible tenants or whether other unforeseen problems have arisen. According to the author and sponsor, there are no reported issues of alleged fraud pertaining to the third party documentation and they are not aware of any unforeseen problems that have arisen since SB 612 was enacted in 2013. Proponents note that the federal Violence Against Women Act (VAWA) has allowed the same third party documentation option for over a decade, and they contend that landlords and housing authorities have generally not had a problem with this form of verification under VAWA, and in fact, some landlords actually request it as an additional way to document or corroborate instances of abuse. To date, Committee staff has not received any reports of fraud or misuse of the documentation, from landlord associations or any other stakeholders. Accordingly, this bill would remove the sunset date from current law in order to establish these provisions indefinitely.

After a notice to terminate is given, this bill lowers the liability for rent from 30 days to 14 days. As previously described, existing law requires a survivor of abuse to pay rent for 30 days after giving notice of termination to the landlord, as long as the tenant provides required documentation and gives the proper notice of termination within the prescribed statutory period of 180 days. This bill would decrease the period of time, from 30 days to 14 days, that the survivor of abuse is liable for the rent after giving notice to terminate the tenancy under these provisions.

According to the author, reducing additional rent obligations will help more survivors find safe and decent replacement housing – something that is crucial to combatting homelessness among survivors. According to data from the National Sexual Resource Violence Center, 52 percent of all sexual assaults occur where the survivors live, and nearly 80 percent of sexual assault survivors living in public housing wanted to relocate because the perpetrator was nearby, but could not due to a lack of funds and housing options. In a 2006 report by the U.S. Conference of Mayors, 44 percent of the cities surveyed identified domestic violence as the primary cause of homelessness.

Under current law, victims of abuse renting under a month-to-month lease may already relocate from a property within a 30-day period without further liability simply by giving notice and failing to renew for the next month. Therefore the current 30-day rent liability period primarily benefits those victims who have obligations under a long-term lease, rather than under a month-to-month lease. It should be noted that by establishing a shorter 14-day period, this bill would potentially benefit all victims of abuse under a rental agreement or lease, whether it be month-to-month or for a longer term.

Author's amendments regarding return of security deposits. As currently in print, the bill would require an accelerated process for the return of a survivor's security deposit upon termination of the lease or rental agreement. Discussions with both landlord and tenant advocates identified a number of complex logistical issues associated with return of the deposit when, for example, a single deposit is made jointly for all the occupants of the household, but only some portion of the deposit is required to be returned to the vacating survivor of abuse because the other occupants intend to continue to rent the property under the existing lease.

The author now proposes to amend the bill to remove all provisions related to the accelerated return of the security deposit. As proposed to be amended, the bill instead simply clarifies that existing security deposit law, Civil Code Section 1950.5, applies when a survivor of abuse terminates a tenancy under these provisions, and that the landlord may not consider such a termination to constitute a default in payment of rent, nor deduct from the survivor's security deposit by reason of a termination of tenancy under these provisions. With these proposed amendments, the California Apartment Association now supports the bill and there is no known opposition to the bill.

ARGUMENTS IN SUPPORT: The bill enjoys support from a wide range of groups, including tenant advocates and advocates for victims of domestic violence and human trafficking, among others. For example, Safe Alternatives to Violent Environments (SAVE) writes in support:

In 2005, the California Attorney General’s Task Force on Criminal Justice Response to Domestic Violence reported that there were significant burdens placed on victims seeking family court restraining orders. Furthermore, immigrant survivors are often reluctant to contact the authorities due to their cultural aversion to involving outsiders in family matters or prior negative experiences with the police and the justice systems in their native countries. Additionally, limited English proficient individuals continue to face language barriers when interacting with the court system. Removing the sunset would ensure that survivors continue to have access to lease terminations without having to turn to the courts or the police.

Other advocates, including Next Door Solutions to Domestic Violence, state that:

Even with the provisions that AB 418 would make permanent, there are barriers to early termination because the survivor must still pay for 30 days of further rent after he or she leaves . . . This time period deprives survivors of funds they desperately need to secure new rental housing. Reducing additional rent obligations will help more survivors find replacement housing—crucial to combating the homelessness survivors often experience.

The California Apartment Association (CAA) also supports the bill, as proposed to be amended. CAA states: "(Our) members don’t believe that a landlord should hold victims liable for extended rent when they are fleeing a dangerous domestic situation. In many cases, a move from the property is the best decision for the victim and the family as well as for other tenants at the property."

REGISTERED SUPPORT / OPPOSITION:

Support

California Partnership to End Domestic Violence (co-sponsor)
Western Center on Law and Poverty (co-sponsor)

National Housing Law Project (co-sponsor)

AFSCME

California Apartment Association

California Catholic Conference

California Communities United Institute

Casa de Esparanza

Interface Children and Family Services

National Council of Jewish Women California State Policy Advocates

Next Door Solutions to Domestic Violence

Rainbow Services

Strong Hearted Native Women’s Coalition

Zella Knight, Housing Commissioner, County of Los Angeles Housing Authority

Over 15 individuals

Opposition

None on file

Analysis Prepared by: Anthony Lew / JUD. / (916) 319-2334