AB 2413: Tenancy: law enforcement and emergency assistance.

(1)Existing law authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse and that the tenant intends to terminate the tenancy. If the tenant attaches to the notice a copy of a temporary restraining order or protective order, as specified, a report by a peace officer, as specified, or documentation from a qualified 3rd party, as specified, and satisfies other requirements, the tenant is released from paying rent and other obligations under the lease, subject to certain limitations.

This bill would declare void, as contrary to public policy, a provision in a rental or lease agreement that limits or prohibits, or threatens to limit or prohibit, a tenants, residents, or other persons right to summon law enforcement assistance or emergency assistance as, or on behalf of, a victim of abuse, a victim of crime, or an individual in an emergency if the tenant, resident, or other person believes that the law enforcement assistance or emergency assistance is necessary to prevent or address the perpetration, escalation, or exacerbation of the abuse, crime, or emergency. The bill would also prohibit a landlord from imposing, or threatening to impose, penalties in this context as well. The bill would define various terms for these purposes. The bill would provide that a waiver of these provisions is contrary to public policy and is void and unenforceable. The bill would prescribe evidentiary presumptions in this connection to be applicable to unlawful detainer actions. The bill would authorize a tenant, resident, or other aggrieved person to seek an injunction for a violation of these provisions.

(2)Existing law, in connection with actions for unlawful detainer, prohibits a landlord from terminating or failing to renew a tenancy based upon an act or acts against a tenant or a tenants household member that constitute domestic violence, sexual assault, stalking, human trafficking, or elder or a dependent adult abuse, if certain standards are met. In this regard, the acts must be documented by a copy of a temporary restraining order or protective order, as specified, or a report by a peace officer, as specified, and the person against whom the protection order has been issued, or who was named in the police report, is not a tenant of the same dwelling unit as the tenant or household member.

This bill, for the purposes relating to unlawful detainer, described above, would authorize a tenant to document an act of domestic violence, sexual assault, stalking, human trafficking, or elder or a dependent adult abuse, by attaching a statement from a qualified 3rd party, as defined. The bill would require that this documentation be in substantially the same form as a statement that the bill would prescribe for this purpose. The bill would prohibit the landlord from disclosing information that a tenant has submitted in this context, except as specified. The bill would prescribe definitions for these purposes. The bill would require the Judicial Council, by September 1, 2019, to develop a new form or revise an existing form for use by a party to assert an affirmative defense to an unlawful detainer action, as specified.

(3)Existing law prohibits a local agency from requiring a landlord to terminate a tenancy or fail to renew a tenancy based upon an act against a tenant or a tenants household member that constitutes domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, if specified requirements relating to unlawful detainer actions are satisfied. Existing law prohibits a local agency from requiring a landlord to terminate a tenancy or fail to renew a tenancy based upon the number of calls made to the emergency telephone system relating to the tenant or a member of the tenants household being a victim of these acts.

This bill would revise and recast these provisions. The bill would prohibit a local agency from promulgating, enforcing, or implementing any ordinance, rule, policy, or regulation, that authorizes, or requires the imposition or threatened imposition of, a penalty against a resident, owner, tenant, landlord, or other person as a consequence of law enforcement assistance or emergency assistance by, or on behalf of, a victim of abuse, a victim of crime, or an individual in an emergency. The bill would prescribe definitions in this regard. The bill would preempt inconsistent local rules and regulations in this regard. The bill would prescribe remedies for a violation of these provisions. The bill would declare that the need to protect parties to whom these provisions of the bill apply is a matter of statewide concern, and not a municipal affair, and that charter cities and counties would be subject to the provisions of the bill.