SB 1017: Leases: termination of tenancy: abuse or violence.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2022-09-27
Existing law authorizes a tenant to provide a landlord with 180-day written notice, as specified, that the tenant, household member, or immediate family member, as defined, was a victim of an act of domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or of other specified crimes, and that the tenant intends to terminate the tenancy. Existing law limits the amount of rent for which the tenant is responsible to not more than 14 calendar days after the notice is given and requires the tenant to be released from responsibility for making other rent payments under the lease, as specified.
This bill would make a landlord or agent liable to the tenant for actual damages and, except as specified, statutory damages of not less than $100 and not more than $5,000 in a civil action for violation of these provisions.
Existing law 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 dependent adult abuse if certain standards are met. Existing law requires the act to be documented in one of several ways, including by a court order, police report, or tenant statement and qualified third party statement, as specified, and existing law requires that the person against whom the order was issued, or who was named in the police report or tenant statement and qualified third party statement, not be a tenant of the same dwelling unit as the tenant or household member.
Existing law allows a landlord to terminate or decline to renew a tenancy if the tenant allows the person against whom the court order was issued or who was named in the police report or tenant statement and qualified third party statement to visit the property or if the landlord reasonably believes that the presence of the person poses a physical threat to other tenants, guests, invitees, or licensees, or to a tenants right to quiet possession, and the landlord previously gave at least 3 days notice to the tenant to correct the violation, as specified.
This bill would recast these provisions to prohibit a landlord, except as specified, from terminating or failing to renew a tenancy based on an act of abuse or violence, as defined, against a tenant, a tenants immediate family member, as defined, or a tenants household member, as specified. The bill would make a landlords violation of those provisions an affirmative defense to a cause of action for unlawful detainer that is based upon an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member, as specified. The bill would make conforming changes to the required notice form and would require the Judicial Council to update its form, as specified.
Existing law authorizes a tenant to provide a landlord with 180-day written notice, as specified, that the tenant, household member, or immediate family member, as defined, was a victim of an act of domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or of other specified crimes, and that the tenant intends to terminate the tenancy. Existing law limits the amount of rent for which the tenant is responsible to not more than 14 calendar days after the notice is given and requires the tenant to be released from responsibility for making other rent payments under the lease, as specified.
This bill would make a landlord or agent liable to the tenant for actual damages and, except as specified, statutory damages of not less than $100 and not more than $5,000 in a civil action for violation of these provisions.
Existing law 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 dependent adult abuse if certain standards are met. Existing law requires the act to be documented in one of several ways, including by a court order, police report, or tenant statement and qualified third party statement, as specified, and existing law requires that the person against whom the order was issued, or who was named in the police report or tenant statement and qualified third party statement, not be a tenant of the same dwelling unit as the tenant or household member.
Existing law allows a landlord to terminate or decline to renew a tenancy if the tenant allows the person against whom the court order was issued or who was named in the police report or tenant statement and qualified third party statement to visit the property or if the landlord reasonably believes that the presence of the person poses a physical threat to other tenants, guests, invitees, or licensees, or to a tenants right to quiet possession, and the landlord previously gave at least 3 days notice to the tenant to correct the violation, as specified.
This bill would recast these provisions to prohibit a landlord, except as specified, from terminating or failing to renew a tenancy based on an act of abuse or violence, as defined, against a tenant, a tenants immediate family member, as defined, or a tenants household member, as specified. The bill would make a landlords violation of those provisions an affirmative defense to a cause of action for unlawful detainer that is based upon an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member, as specified. The bill would make conforming changes to the required notice form and would require the Judicial Council to update its form, as specified.
Existing law authorizes a tenant to provide a landlord with 180-day written notice, as specified, that the tenant, household member, or immediate family member, as defined, was a victim of an act of domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or of other specified crimes, and that the tenant intends to terminate the tenancy. Existing law limits the amount of rent for which the tenant is responsible to not more than 14 calendar days after the notice is given and requires the tenant to be released from responsibility for making other rent payments under the lease, as specified.
This bill would make a landlord or agent liable to the tenant for actual damages and, except as specified, a civil penalty statutory damages of not less than $100 and more than $5,000 in a civil action for violation of these provisions.
Existing law 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 dependent adult abuse if certain standards are met. Existing law requires the act to be documented in one of several ways, including by a court order, police report, or tenant statement and qualified third party statement, as specified, and existing law requires that the person against whom the order was issued, or who was named in the police report or tenant statement and qualified third party statement, not be a tenant of the same dwelling unit as the tenant or household member.
Existing law allows a landlord to terminate or decline to renew a tenancy if the tenant allows the person against whom the court order was issued or who was named in the police report or tenant statement and qualified third party statement to visit the property or if the landlord reasonably believes that the presence of the person poses a physical threat to other tenants, guests, invitees, or licensees, or to a tenants right to quiet possession, and the landlord previously gave at least 3 days notice to the tenant to correct the violation, as specified.
This bill would recast these provisions to prohibit a landlord, except as specified, from terminating or failing to renew a tenancy based on an act of abuse or violence, as defined, against a tenant, a tenants immediate family member, as defined, or a tenants household member, as specified. The bill would make a landlords violation of those provisions an affirmative defense to a cause of action for unlawful detainer that is based upon an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member, as specified. The bill would make conforming changes to the required notice form and would require the Judicial Council to update its form, as specified.
Existing law authorizes a tenant to provide a landlord with 180-day written notice, as specified, that the tenant, household member, or immediate family member, as defined, was a victim of an act of domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or of other specified crimes, and that the tenant intends to terminate the tenancy. Existing law limits the amount of rent for which the tenant is responsible to not more than 14 calendar days after the notice is given and requires the tenant to be released from responsibility for making other rent payments under the lease, as specified.
This bill would make a landlord or agent liable to the tenant for actual damages and, except as specified, a civil penalty of not less than $100 and more than $5,000 in a civil action for violation of these provisions.
Existing law 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 dependent adult abuse if certain standards are met. Existing law requires the act to be documented in one of several ways, including by a court order, police report, or tenant statement and qualified third party statement, as specified, and existing law requires that the person against whom the order was issued, or who was named in the police report or tenant statement and qualified third party statement, not be a tenant of the same dwelling unit as the tenant or household member.
Existing law allows a landlord to terminate or decline to renew a tenancy if the tenant allows the person against whom the court order was issued or who was named in the police report or tenant statement and qualified third party statement to visit the property or if the landlord reasonably believes that the presence of the person poses a physical threat to other tenants, guests, invitees, or licensees, or to a tenants right to quiet possession, and the landlord previously gave at least 3 days notice to the tenant to correct the violation, as specified.
This bill would recast these provisions to prohibit a landlord, except as specified, from terminating or failing to renew a tenancy based on an act of abuse or violence, as defined, against a tenant, a tenants immediate family member, as defined, or a tenants household member, as specified. The bill would authorize a defendant to raise this as make a landlords violation of those provisions an affirmative defense to a cause of action for unlawful detainer that is based upon an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member, as specified. The bill would make conforming changes to the required notice form and would require the Judicial Council to update its form, as specified.
Existing law authorizes a tenant to provide a landlord with 180-day written notice, as specified, that the tenant, household member, or immediate family member, as defined, was a victim of an act of domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or of other specified crimes, and that the tenant intends to terminate the tenancy. Existing law limits the amount of rent for which the tenant is responsible to not more than 14 calendar days after the notice is given and requires the tenant to be released from responsibility for making other rent payments under the lease, as specified.
This bill would make a landlord or agent liable to the tenant for actual damages and, except as specified, a civil penalty of not less than $100 and more than $5,000 in a civil action for violation of these provisions.
Existing law 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 dependent adult abuse if certain standards are met. Existing law requires the act to be documented in one of several ways, including by a court order, police report, or tenant statement and qualified third party statement, as specified, and existing law requires that the person against whom the order was issued, or who was named in the police report or tenant statement and qualified third party statement, not be a tenant of the same dwelling unit as the tenant or household member.
Existing law allows a landlord to terminate or decline to renew a tenancy if the tenant allows the person against whom the court order was issued or who was named in the police report or tenant statement and qualified third party statement to visit the property or if the landlord reasonably believes that the presence of the person poses a physical threat to other tenants, guests, invitees, or licensees, or to a tenants right to quiet possession, and the landlord previously gave at least 3 days notice to the tenant to correct the violation, as specified.
This bill would recast these provisions to prohibit a landlord, except as specified, from terminating or failing to renew a tenancy based on an act of abuse or violence, as defined, against a tenant, a tenants immediate family member, as defined, or a tenants household member, as specified. The bill would authorize a defendant to raise this as an affirmative defense to a cause of action for unlawful detainer that is based upon an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member, as specified. The bill would make conforming changes to the required notice form and would require the Judicial Council to update its form, as specified.
Existing law authorizes a tenant to provide a landlord with 180-day written notice, as specified, that the tenant, household member, or immediate family member, as defined, was a victim of an act of domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or of other specified crimes, and that the tenant intends to terminate the tenancy. Existing law limits the amount of rent for which the tenant is responsible to not more than 14 calendar days after the notice is given and requires the tenant to be released from responsibility for making other rent payments under the lease, as specified.
This bill would make a landlord or agent liable to the tenant for actual damages and, except as specified, a civil penalty of not less than $100 and more than $5,000 in a civil action for violation of these provisions.
Existing law 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 dependent adult abuse if certain standards are met. Existing law requires the act to be documented in one of several ways, including by a court order, police report, or tenant statement and qualified third party statement, as specified, and existing law requires that the person against whom the order was issued, or who was named in the police report or tenant statement and qualified third party statement, not be a tenant of the same dwelling unit as the tenant or household member.
Existing law allows a landlord to terminate or decline to renew a tenancy if the tenant allows the person against whom the court order was issued or who was named in the police report or tenant statement and qualified third party statement to visit the property or if the landlord reasonably believes that the presence of the person poses a physical threat to other tenants, guests, invitees, or licensees, or to a tenants right to quiet possession, and the landlord previously gave at least 3 days notice to the tenant to correct the violation, as specified.
This bill would recast these provisions to prohibit a landlord landlord, except as specified, from terminating or failing to renew a tenancy based on an act of abuse or violence, as defined, against a tenant, a tenants immediate family member, as defined, or a tenants household member. member, as specified. The bill would also recast these provisions to allow a landlord to terminate or refuse to renew a tenancy if the tenant voluntarily permits or consents to the presence of the perpetrator of abuse or violence, as defined, on the premises, the perpetrator has threatened to commit a crime, as specified, and the landlord gave at least 3 days notice to the tenant to correct the violation in the last 90 days. The bill would authorize a defendant to raise this as an affirmative defense to a cause of action for unlawful detainer that is based upon an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member, as specified. The bill would make conforming changes to the required notice form and would require the Judicial Council to update its form by January 1, 2024. form, as specified.
This bill would set forth specific requirements for unlawful detainer proceedings under these provisions, and would require a court to make findings of whether a tenant is guilty of unlawful detainer because of an act of abuse or violence against them, their immediate family member, or their household member, and entitle the tenant to certain remedies, as specified.This bill would make a landlord or agent liable to the tenant for actual damages of not less than $100 and punitive damages of not more than $10,000 in a civil action for violation of these provisions and would authorize the awarding of attorneys fees and costs to the prevailing party, as specified.Existing law authorizes a tenant to provide a landlord with 180-day written notice, as specified, that the tenant, household member, or immediate family member, as defined, was a victim of an act of domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or of other specified crimes, and that the tenant intends to terminate the tenancy. Existing law limits the amount of rent for which the tenant is responsible to not more than 14 calendar days after the notice is given and requires the tenant to be released from responsibility for making other rent payments under the lease, as specified.
Existing law 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 dependent adult abuse if certain standards are met. Existing law requires the act to be documented in one of several ways, including by a court order, police report, or tenant statement and qualified third party statement, as specified, and existing law requires that the person against whom the order was issued, or who was named in the police report or tenant statement and qualified third party statement, not be a tenant of the same dwelling unit as the tenant or household member.
Existing law allows a landlord to terminate or decline to renew a tenancy if the tenant allows the person against whom the court order was issued or who was named in the police report or tenant statement and qualified third party statement to visit the property or if the landlord reasonably believes that the presence of the person poses a physical threat to other tenants, guests, invitees, or licensees, or to a tenants right to quiet possession, and the landlord previously gave at least 3 days notice to the tenant to correct the violation, as specified.
This bill would recast these provisions to prohibit a landlord from terminating or failing to renew a tenancy based on an act of abuse or violence, as defined, against a tenant, a tenants immediate family member, as defined, or a tenants household member. The bill would also recast these provisions to allow a landlord to terminate or refuse to renew a tenancy if the tenant voluntarily permits or consents to the presence of the perpetrator of abuse or violence, as defined, on the premises, the perpetrator has threatened to commit a crime, as specified, and the landlord gave at least 3 days notice to the tenant to correct the violation in the last 90 days. The bill would make conforming changes to the required notice form and would require the Judicial Council to update its form by January 1, 2024.
This bill would set forth specific requirements for unlawful detainer proceedings under these provisions, and would require a court to make findings of whether a tenant is guilty of unlawful detainer because of an act of abuse or violence against them, their immediate family member, or their household member, and entitle the tenant to certain remedies, as specified.
This bill would make a landlord or agent liable to the tenant for actual damages of not less than $100 and punitive damages of not more than $10,000 in a civil action for violation of these provisions and would authorize the awarding of attorneys fees and costs to the prevailing party, as specified.
(a)A tenant may notify the landlord that the tenant intends to terminate the tenancy if the tenant, a household member, or an immediate family member was the victim of an act that constitutes any of the following:
(1)Domestic violence as defined in Section 6211 of the Family Code.
(2)Sexual assault as defined in Section 261, 261.5, 286, 287, or 289 of the Penal Code.
(3)Stalking as defined in Section 1708.7.
(4)Human trafficking as defined in Section 236.1 of the Penal Code.
(5)Abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code.
(6)A crime that caused bodily injury or death.
(7)A crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument.
(8)A crime that included the use of force against the victim or a threat of force against the victim.
(b)A notice to terminate a tenancy under this section shall be in writing, with one of the following attached to the notice:
(1)A copy of a temporary restraining order, emergency protective order, or protective order lawfully issued pursuant to Part 3 (commencing with Section 6240) or Part 4 (commencing with Section 6300) of Division 10 of the Family Code, Section 136.2 of the Penal Code, Section 527.6 of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare and Institutions Code that protects the tenant, household member, or immediate family member from further domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or any act or crime listed in subdivision (a).
(2)A copy of a written report by a peace officer employed by a state or local law enforcement agency acting in the peace officers official capacity stating that the tenant, household member, or immediate family member has filed a report alleging that the tenant, the household member, or the immediate family member is a victim of an act or crime listed in subdivision (a).
(3)(A)Documentation from a qualified third party based on information received by that third party while acting in the third partys professional capacity to indicate that the tenant, household member, or immediate family member is seeking assistance for physical or mental injuries or abuse resulting from an act or crime listed in subdivision (a).
(B)The documentation shall contain, in substantially the same form, the following:
Tenant Statement and Qualified Third Party Statement | |
Part I.Statement By Tenant | |
I, [insert name of tenant], state as follows: | |
I, or a member of my household or immediate family, have been a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, or a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use of force against the victim or a threat of force against the victim.] | |
The most recent incident(s) happened on or about: | |
[insert date or dates.] | |
The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide: | |
[if known and safe to provide, insert name(s) and physical description(s).] | |
(signature of tenant)(date) | |
Part II.Qualified Third Party Statement | |
I, [insert name of qualified third party], state as follows: | |
My business address and phone number are: | |
[insert business address and phone number.] | |
Check and complete one of the following: | |
____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. | |
____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. | |
____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. | |
____I meet the definition of victim of violent crime advocate provided in Section 1947.6 of the Civil Code and I am employed, whether financially compensated or not, by an agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency. | |
____I am licensed by the State of California as a: | |
[insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is: | |
[insert name of state licensing entity and license number.] | |
The person who signed the Statement By Tenant above stated to me that the person, or a member of the persons household or immediate family, is a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, or a crime that caused physical injury, emotional injury and the threat of physical injury, or death.] | |
The person further stated to me the incident(s) occurred on or about the date(s) stated above. | |
I understand that the person who made the Statement By Tenant may use this document as a basis for terminating a lease with the persons landlord. | |
(signature of qualified third party)(date) | |
(C)The documentation may be signed by a person who meets the requirements for a sexual assault counselor, domestic violence counselor, a human trafficking caseworker, or a victim of violent crime advocate only if the documentation displays the letterhead of the office, hospital, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, this counselor, caseworker, or advocate.
(4)Any other form of documentation that reasonably verifies that the crime or act listed in subdivision (a) occurred.
(c)If the tenant is terminating tenancy pursuant to subdivision (a) because an immediate family member is a victim of an eligible act or crime listed in subdivision (a) and that tenant did not live in the same household as the immediate family member at the time of the act or crime, and no part of the act or crime occurred within the dwelling unit or within 1,000 feet of the dwelling unit of the tenant, the tenant shall attach to the notice and other documentation required by subdivision (b) a written statement stating all of the following:
(1)The tenants immediate family member was a victim of an act or crime listed in subdivision (a).
(2)The tenant intends to relocate as a result of the tenants immediate family member being a victim of an act or crime listed in subdivision (a).
(3)The tenant is relocating to increase the safety, physical well-being, emotional well-being, psychological well-being, or financial security of the tenant or of the tenants immediate family member as a result of the act or crime.
(d)The notice to terminate the tenancy shall be given within 180 days of the date that any order described in paragraph (1) of subdivision (b) was issued, within 180 days of the date that any written report described in paragraph (2) of subdivision (b) was made, within 180 days of the date that an act or a crime described in subdivision (a) occurred, or within the time period described in Section 1946.
(e)If notice to terminate the tenancy is provided to the landlord under this section, the tenant shall be responsible for payment of rent for no more than 14 calendar days following the giving of the notice, or for any shorter appropriate period as described in Section 1946 or the lease or rental agreement. The tenant shall be released without penalty from any further rent or other payment obligation to the landlord under the lease or rental agreement. If the premises are relet to another party prior to the end of the obligation to pay rent, the rent owed under this subdivision shall be prorated.
(f)Notwithstanding any law, a landlord shall not, due to the termination, require a tenant who terminates a lease or rental agreement pursuant to this section to forfeit any security deposit money or advance rent paid. A tenant who terminates a rental agreement pursuant to this section shall not be considered for any purpose, by reason of the termination, to have breached the lease or rental agreement. In all other respects, the law governing the security deposit shall apply.
(g)This section does not relieve a tenant, other than the tenant who is, or who has a household member or immediate family member who is, a victim of an act or crime listed in subdivision (a) and members of that tenants household, from their obligations under the lease or rental agreement.
(h)For purposes of this section, the following definitions apply:
(1)Household member means a member of the tenants family who lives in the same residential unit as the tenant.
(2)Health practitioner means a physician and surgeon, osteopathic physician and surgeon, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or a victim of violent crime advocate.
(3)Immediate family member means the parent, stepparent, spouse, child, child-in-law, stepchild, or sibling of the tenant, or any person living in the tenants household at the time the crime or act listed in subdivision (a) occurred who has a relationship with the tenant that is substantially similar to that of a family member.
(4)Qualified third party means a health practitioner, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, or a human trafficking caseworker, as defined in Section 1038.2 of the Evidence Code.
(5)Victim of violent crime advocate means a person who is employed, whether financially compensated or not, for the purpose of rendering advice or assistance to victims of violent crimes for an agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency.
(i)(1)A landlord shall not disclose any information provided by a tenant under this section to a third party unless the disclosure satisfies one or more of the following:
(A)The tenant consents in writing to the disclosure.
(B)The disclosure is required by law or order of the court.
(2)A landlords communication to a qualified third party who provides documentation under paragraph (3) of subdivision (b) to verify the contents of that documentation is not disclosure for purposes of this subdivision.
(j)An owner or an owners agent shall not refuse to rent a dwelling unit to an otherwise qualified prospective tenant or refuse to continue to rent to an existing tenant solely on the basis that the tenant has previously exercised the tenants rights under this section or has previously terminated a tenancy because of the circumstances described in subdivision (a).
(k)A landlord or agent of a landlord who violates this section shall be liable to the tenant in a civil action for both of the following:
(1)The actual damages sustained by the tenant.
(2)(A)Statutory damages of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000).
(B)Notwithstanding subparagraph (A), a landlord or agent of a landlord who violates this section shall not be liable for statutory damages if the tenant provided documentation of the crime or act to the landlord or the agent of the landlord pursuant to paragraph (4) of subdivision (b) only.
(l)The remedies provided by this section shall be in addition to any other remedy provided by law.
SEC. 2.Section 1161.3 of the Code of Civil Procedure is amended to read:1161.3.(a)For purposes of this section:
(1)Abuse or violence means domestic violence as defined in Section 6211 of the Family Code, sexual assault as defined in Section 1219, stalking as defined in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code, human trafficking as defined in Section 236.1 of the Penal Code, abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code, or any act described in paragraphs (6) to (8), inclusive, of subdivision (a) of Section 1946.7 of the Civil Code.
(2)Documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member means any of the following:
(A)A temporary restraining order, emergency protective order, or protective order lawfully issued within the last 180 days 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 or 15657.03 of the Welfare and Institutions Code that protects the tenant, the tenants immediate family member, or the tenants household member from abuse or violence.
(B)A copy of a written report, written within the last 180 days, by a peace officer employed by a state or local law enforcement agency acting in the officers official capacity, stating that the tenant, the tenants immediate family member, or the tenants household member has filed a report alleging that they are a victim of abuse or violence.
(C)(i)Documentation from a qualified third party based on information received by that third party while acting in their professional capacity to indicate that the tenant, the tenants immediate family member, or the tenants household member is seeking assistance for physical or mental injuries or abuse resulting from an act of abuse or violence, which shall contain, in substantially the same form, the following:
Tenant Statement and Qualified Third Party Statement | |
Part I.Statement By Tenant | |
I, [insert name of tenant], state as follows: | |
I, my immediate family member, or a member of my household, have been a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use or threat of force against the victim.] | |
The most recent incident(s) happened on or about: | |
[insert date or dates.] | |
The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide: | |
[if known and safe to provide, insert name(s) and physical description(s).] | |
(signature of tenant)(date) | |
Part II.Qualified Third Party Statement | |
I, [insert name of qualified third party], state as follows: | |
My business address and phone number are: | |
[insert business address and phone number.] | |
Check and complete one of the following: | |
____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. | |
____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. | |
____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. ____I meet the definition of victim of violent crime advocate provided in Section 1946.7 of the Civil Code and I am employed, whether financially compensated or not, by an agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency. | |
____I am licensed by the State of California as a: | |
[insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is: | |
[insert name of state licensing entity and license number.] | |
The person who signed the Statement By Tenant above stated to me that they, a member of their immediate family, or a member of their household is a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use or threat of force against the victim.] | |
The person further stated to me the incident(s) occurred on or about the date(s) stated above. | |
(signature of qualified third party)(date) | |
(ii)The documentation may be signed by a person who meets the requirements for a sexual assault counselor, domestic violence counselor, a human trafficking caseworker, or a victim of violent crime advocate only if the documentation displays the letterhead of the office, hospital, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, this counselor, caseworker, or advocate.
(D)Any other form of documentation or evidence that reasonably verifies that the abuse or violence occurred.
(3)Health practitioner means a physician and surgeon, osteopathic physician and surgeon, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.
(4)Immediate family member has the same meaning as defined in Section 1946.7 of the Civil Code.
(5)Perpetrator of abuse or violence means any of the following:
(A)The person against whom an order described in subparagraph (A) of paragraph (1) of subdivision (a) has been issued.
(B)The person who was named or referred to as causing the abuse or violence in the report described in subparagraph (B) of paragraph (1) of subdivision (a).
(C)The person who was named or referred to as causing the abuse or violence in the documentation described in subparagraph (C) of paragraph (1) of subdivision (a).
(D)The person who was named or referred to as causing the abuse or violence in the documentation described in subparagraph (D) of paragraph (1) of subdivision (a).
(6)Qualified third party means a health practitioner, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, a human trafficking caseworker, as defined in Section 1038.2 of the Evidence Code, or a victim of violent crime advocate.
(7)Tenant means tenant, subtenant, lessee, or sublessee.
(8)Tenant in residence means a tenant who is currently residing in the unit and has full physical and legal access to the unit.
(9)Victim of violent crime advocate has the same meaning as defined in Section 1946.7 of the Civil Code.
(b)(1)A landlord shall not terminate a tenancy or fail to renew a tenancy based on an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member if the landlord has received documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member.
(2)Notwithstanding paragraph (1), a landlord may terminate a tenancy or fail to renew a tenancy based on an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member even after receiving documentation of abuse or violence against the tenant, the tenants immediate family member, or the tenants household member if either of the following apply:
(A)The perpetrator of abuse or violence is a tenant in residence of the same dwelling unit as the tenant, the tenants immediate family member, or household member.
(B)Both of the following apply:
(i)The perpetrator of abuse or violences words or actions have threatened the physical safety of other tenants, guests, invitees, or licensees.
(ii)After expiration of a three-day notice requiring the tenant not to voluntarily permit or consent to the presence of the perpetrator of abuse or violence on the premises, the tenant continues to do so.
(c)Notwithstanding any provision in a lease to the contrary, a landlord shall not be liable to any other tenants for any action that arises due to the landlords compliance with this section.
(d)A violation of subdivision (b) by the landlord shall be an affirmative defense to a cause of action for unlawful detainer that is based on an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member as follows:
(1)If the perpetrator of the abuse or violence is not a tenant in residence of the same dwelling unit as the tenant, the tenants immediate family member, or household member, then the defendant shall have a complete defense as to that cause of action, unless each clause of subparagraph (B) of paragraph (2) of subdivision (b) applies.
(2)If the perpetrator of the abuse or violence is a tenant in residence of the same dwelling unit as the tenant, the tenants immediate family member, or household member, the court shall proceed in accordance with Section 1174.27.
(e)(1)A landlord shall not disclose any information provided by a tenant under this section to a third party unless either of the following is true:
(A)The tenant has consented in writing to the disclosure.
(B)The disclosure is required by law or court order.
(2)A landlords communication with the qualified third party who provides documentation in order to verify the contents of that documentation is not a disclosure for purposes of this subdivision.
(f)The Judicial Council shall review its forms that may be used by a party to assert in the responsive pleading the grounds set forth in this section as an affirmative defense to an unlawful detainer action and, by January 1, 2024, make any changes to those forms that the Judicial Council deems necessary to conform them to this section.
SEC. 3.Section 1174.27 is added to the Code of Civil Procedure, to read:1174.27.(a)This section shall apply to an unlawful detainer proceeding in which all of the following are true:
(1)The proceeding involves a residential premises.
(2)The complaint includes a cause of action based on an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member.
(3)A defendant has invoked paragraph (2) of subdivision (d) of Section 1161.3 as an affirmative defense to the cause of action described in paragraph (2).
(b)For the purposes of this section, the definitions in subdivision (a) of Section 1161.3 apply.
(c)The court shall determine whether there is documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member.
(d)If the court determines there is not documentation evidencing abuse or violence against the tenant, the court shall deny the affirmative defense.
(e)If the court determines that there is documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member, and the court does not find the defendant raising the affirmative defense guilty of an unlawful detainer on any other grounds, then both of the following:
(1)The defendant raising the affirmative defense and any other occupant not found guilty of an unlawful detainer shall not be guilty of an unlawful detainer and shall not be named in any judgment in favor of the landlord.
(2)The defendant raising the affirmative defense and any other occupant not found guilty of an unlawful detainer shall not be held liable to the landlord for any amount related to the unlawful detainer, including, but not limited to, holdover damages, court costs, lease termination fees, or attorneys fees.
(f)(1)If the court makes the determination described in subdivision (e), upon a showing that any other defendant was the perpetrator of the abuse or violence on which the affirmative defense was based and is guilty of an unlawful detainer, the court shall do both of the following:
(A)Issue a partial eviction ordering the removal of the perpetrator of abuse or violence and ordering that person be immediately removed and barred from the dwelling unit, but the court shall not order the tenancy terminated.
(B)Order the landlord to change the locks and to provide the remaining occupants with the new key.
(2)If a court issues a partial eviction order as described in subparagraph (A) of paragraph (1), then only a defendant found guilty of an unlawful detainer may be liable for holdover damages, court costs, lease termination fees, or attorneys fees, as applicable.
(3)If the court makes the determination described in subdivision (e), the court may, upon a showing that any other defendant was the perpetrator of the abuse or violence on which the affirmative defense was based and is guilty of an unlawful detainer, do any of the following:
(A)Permanently bar the perpetrator of abuse or violence from entering any portion of the residential premises.
(B)Order as an express condition of the tenancy that the remaining occupants shall not give permission to or invite the perpetrator of abuse or violence to live in the dwelling unit.
(4)In exercising its discretion under this subdivision, the court shall take into account custody or visitation orders or arrangements and any other factor that may necessitate the temporary reentry of the perpetrator of abuse or violence.
(g)The Judicial Council shall develop a judgment form for use in a ruling pursuant to subdivision (e) or (f).
(h)Notwithstanding any other law, a determination that a person is a perpetrator of abuse or violence under subdivision (e) or (f) shall not constitute a finding that the person is a perpetrator of abuse or violence for any other purposes and shall not be admissible as evidence that the person committed a crime or is a perpetrator of abuse or violence in any other proceeding, including, but not limited to, a civil action or proceeding, a criminal action or proceeding, and a proceeding involving a juvenile for a criminal offense.
(a)A tenant may notify the landlord that the tenant intends to terminate the tenancy if the tenant, a household member, or an immediate family member was the victim of an act that constitutes any of the following:
(1)Domestic violence as defined in Section 6211 of the Family Code.
(2)Sexual assault as defined in Section 261, 261.5, 286, 287, or 289 of the Penal Code.
(3)Stalking as defined in Section 1708.7.
(4)Human trafficking as defined in Section 236.1 of the Penal Code.
(5)Abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code.
(6)A crime that caused bodily injury or death.
(7)A crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument.
(8)A crime that included the use of force against the victim or a threat of force against the victim.
(b)A notice to terminate a tenancy under this section shall be in writing, with one of the following attached to the notice:
(1)A copy of a temporary restraining order, emergency protective order, or protective order lawfully issued pursuant to Part 3 (commencing with Section 6240) or Part 4 (commencing with Section 6300) of Division 10 of the Family Code, Section 136.2 of the Penal Code, Section 527.6 of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare and Institutions Code that protects the tenant, household member, or immediate family member from further domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or any act or crime listed in subdivision (a).
(2)A copy of a written report by a peace officer employed by a state or local law enforcement agency acting in the peace officers official capacity stating that the tenant, household member, or immediate family member has filed a report alleging that the tenant, the household member, or the immediate family member is a victim of an act or crime listed in subdivision (a).
(3)(A)Documentation from a qualified third party based on information received by that third party while acting in the third partys professional capacity to indicate that the tenant, household member, or immediate family member is seeking assistance for physical or mental injuries or abuse resulting from an act or crime listed in subdivision (a).
(B)The documentation shall contain, in substantially the same form, the following:
Tenant Statement and Qualified Third Party Statement | |
Part I.Statement By Tenant | |
I, [insert name of tenant], state as follows: | |
I, or a member of my household or immediate family, have been a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, or a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use of force against the victim or a threat of force against the victim.] | |
The most recent incident(s) happened on or about: | |
[insert date or dates.] | |
The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide: | |
[if known and safe to provide, insert name(s) and physical description(s).] | |
(signature of tenant)(date) | |
Part II.Qualified Third Party Statement | |
I, [insert name of qualified third party], state as follows: | |
My business address and phone number are: | |
[insert business address and phone number.] | |
Check and complete one of the following: | |
____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. | |
____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. | |
____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. | |
____I meet the definition of victim of violent crime advocate provided in Section 1947.6 of the Civil Code and I am employed, whether financially compensated or not, by an agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency. | |
____I am licensed by the State of California as a: | |
[insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is: | |
[insert name of state licensing entity and license number.] | |
The person who signed the Statement By Tenant above stated to me that the person, or a member of the persons household or immediate family, is a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, or a crime that caused physical injury, emotional injury and the threat of physical injury, or death.] | |
The person further stated to me the incident(s) occurred on or about the date(s) stated above. | |
I understand that the person who made the Statement By Tenant may use this document as a basis for terminating a lease with the persons landlord. | |
(signature of qualified third party)(date) | |
(C)The documentation may be signed by a person who meets the requirements for a sexual assault counselor, domestic violence counselor, a human trafficking caseworker, or a victim of violent crime advocate only if the documentation displays the letterhead of the office, hospital, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, this counselor, caseworker, or advocate.
(4)Any other form of documentation that reasonably verifies that the crime or act listed in subdivision (a) occurred.
(c)If the tenant is terminating tenancy pursuant to subdivision (a) because an immediate family member is a victim of an eligible act or crime listed in subdivision (a) and that tenant did not live in the same household as the immediate family member at the time of the act or crime, and no part of the act or crime occurred within the dwelling unit or within 1,000 feet of the dwelling unit of the tenant, the tenant shall attach to the notice and other documentation required by subdivision (b) a written statement stating all of the following:
(1)The tenants immediate family member was a victim of an act or crime listed in subdivision (a).
(2)The tenant intends to relocate as a result of the tenants immediate family member being a victim of an act or crime listed in subdivision (a).
(3)The tenant is relocating to increase the safety, physical well-being, emotional well-being, psychological well-being, or financial security of the tenant or of the tenants immediate family member as a result of the act or crime.
(d)The notice to terminate the tenancy shall be given within 180 days of the date that any order described in paragraph (1) of subdivision (b) was issued, within 180 days of the date that any written report described in paragraph (2) of subdivision (b) was made, within 180 days of the date that an act or a crime described in subdivision (a) occurred, or within the time period described in Section 1946.
(e)If notice to terminate the tenancy is provided to the landlord under this section, the tenant shall be responsible for payment of rent for no more than 14 calendar days following the giving of the notice, or for any shorter appropriate period as described in Section 1946 or the lease or rental agreement. The tenant shall be released without penalty from any further rent or other payment obligation to the landlord under the lease or rental agreement. If the premises are relet to another party prior to the end of the obligation to pay rent, the rent owed under this subdivision shall be prorated.
(f)Notwithstanding any law, a landlord shall not, due to the termination, require a tenant who terminates a lease or rental agreement pursuant to this section to forfeit any security deposit money or advance rent paid. A tenant who terminates a rental agreement pursuant to this section shall not be considered for any purpose, by reason of the termination, to have breached the lease or rental agreement. In all other respects, the law governing the security deposit shall apply.
(g)This section does not relieve a tenant, other than the tenant who is, or who has a household member or immediate family member who is, a victim of an act or crime listed in subdivision (a) and members of that tenants household, from their obligations under the lease or rental agreement.
(h)For purposes of this section, the following definitions apply:
(1)Household member means a member of the tenants family who lives in the same residential unit as the tenant.
(2)Health practitioner means a physician and surgeon, osteopathic physician and surgeon, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or a victim of violent crime advocate.
(3)Immediate family member means the parent, stepparent, spouse, child, child-in-law, stepchild, or sibling of the tenant, or any person living in the tenants household at the time the crime or act listed in subdivision (a) occurred who has a relationship with the tenant that is substantially similar to that of a family member.
(4)Qualified third party means a health practitioner, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, or a human trafficking caseworker, as defined in Section 1038.2 of the Evidence Code.
(5)Victim of violent crime advocate means a person who is employed, whether financially compensated or not, for the purpose of rendering advice or assistance to victims of violent crimes for an agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency.
(i)(1)A landlord shall not disclose any information provided by a tenant under this section to a third party unless the disclosure satisfies one or more of the following:
(A)The tenant consents in writing to the disclosure.
(B)The disclosure is required by law or order of the court.
(2)A landlords communication to a qualified third party who provides documentation under paragraph (3) of subdivision (b) to verify the contents of that documentation is not disclosure for purposes of this subdivision.
(j)An owner or an owners agent shall not refuse to rent a dwelling unit to an otherwise qualified prospective tenant or refuse to continue to rent to an existing tenant solely on the basis that the tenant has previously exercised the tenants rights under this section or has previously terminated a tenancy because of the circumstances described in subdivision (a).
(k)A landlord or agent of a landlord who violates this section shall be liable to the tenant in a civil action for both of the following:
(1)The actual damages sustained by the tenant.
(2)(A)Statutory damages of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000).
(B)Notwithstanding subparagraph (A), a landlord or agent of a landlord who violates this section shall not be liable for statutory damages if the tenant provided documentation of the crime or act to the landlord or the agent of the landlord pursuant to paragraph (4) of subdivision (b) only.
(l)The remedies provided by this section shall be in addition to any other remedy provided by law.
SEC. 2.Section 1161.3 of the Code of Civil Procedure is amended to read:1161.3.(a)For purposes of this section:
(1)Abuse or violence means domestic violence as defined in Section 6211 of the Family Code, sexual assault as defined in Section 1219, stalking as defined in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code, human trafficking as defined in Section 236.1 of the Penal Code, abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code, or any act described in paragraphs (6) to (8), inclusive, of subdivision (a) of Section 1946.7 of the Civil Code.
(2)Documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member means any of the following:
(A)A temporary restraining order, emergency protective order, or protective order lawfully issued within the last 180 days 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 or 15657.03 of the Welfare and Institutions Code that protects the tenant, the tenants immediate family member, or the tenants household member from abuse or violence.
(B)A copy of a written report, written within the last 180 days, by a peace officer employed by a state or local law enforcement agency acting in the officers official capacity, stating that the tenant, the tenants immediate family member, or the tenants household member has filed a report alleging that they are a victim of abuse or violence.
(C)(i)Documentation from a qualified third party based on information received by that third party while acting in their professional capacity to indicate that the tenant, the tenants immediate family member, or the tenants household member is seeking assistance for physical or mental injuries or abuse resulting from an act of abuse or violence, which shall contain, in substantially the same form, the following:
Tenant Statement and Qualified Third Party Statement | |
Part I.Statement By Tenant | |
I, [insert name of tenant], state as follows: | |
I, my immediate family member, or a member of my household, have been a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use or threat of force against the victim.] | |
The most recent incident(s) happened on or about: | |
[insert date or dates.] | |
The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide: | |
[if known and safe to provide, insert name(s) and physical description(s).] | |
(signature of tenant)(date) | |
Part II.Qualified Third Party Statement | |
I, [insert name of qualified third party], state as follows: | |
My business address and phone number are: | |
[insert business address and phone number.] | |
Check and complete one of the following: | |
____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. | |
____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. | |
____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. ____I meet the definition of victim of violent crime advocate provided in Section 1946.7 of the Civil Code and I am employed, whether financially compensated or not, by an agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency. | |
____I am licensed by the State of California as a: | |
[insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is: | |
[insert name of state licensing entity and license number.] | |
The person who signed the Statement By Tenant above stated to me that they, a member of their immediate family, or a member of their household is a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use or threat of force against the victim.] | |
The person further stated to me the incident(s) occurred on or about the date(s) stated above. | |
(signature of qualified third party)(date) | |
(ii)The documentation may be signed by a person who meets the requirements for a sexual assault counselor, domestic violence counselor, a human trafficking caseworker, or a victim of violent crime advocate only if the documentation displays the letterhead of the office, hospital, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, this counselor, caseworker, or advocate.
(D)Any other form of documentation or evidence that reasonably verifies that the abuse or violence occurred.
(3)Health practitioner means a physician and surgeon, osteopathic physician and surgeon, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.
(4)Immediate family member has the same meaning as defined in Section 1946.7 of the Civil Code.
(5)Perpetrator of abuse or violence means any of the following:
(A)The person against whom an order described in subparagraph (A) of paragraph (1) of subdivision (a) has been issued.
(B)The person who was named or referred to as causing the abuse or violence in the report described in subparagraph (B) of paragraph (1) of subdivision (a).
(C)The person who was named or referred to as causing the abuse or violence in the documentation described in subparagraph (C) of paragraph (1) of subdivision (a).
(D)The person who was named or referred to as causing the abuse or violence in the documentation described in subparagraph (D) of paragraph (1) of subdivision (a).
(6)Qualified third party means a health practitioner, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, a human trafficking caseworker, as defined in Section 1038.2 of the Evidence Code, or a victim of violent crime advocate.
(7)Tenant means tenant, subtenant, lessee, or sublessee.
(8)Tenant in residence means a tenant who is currently residing in the unit and has full physical and legal access to the unit.
(9)Victim of violent crime advocate has the same meaning as defined in Section 1946.7 of the Civil Code.
(b)(1)A landlord shall not terminate a tenancy or fail to renew a tenancy based on an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member if the landlord has received documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member.
(2)Notwithstanding paragraph (1), a landlord may terminate a tenancy or fail to renew a tenancy based on an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member even after receiving documentation of abuse or violence against the tenant, the tenants immediate family member, or the tenants household member if either of the following apply:
(A)The perpetrator of abuse or violence is a tenant in residence of the same dwelling unit as the tenant, the tenants immediate family member, or household member.
(B)Both of the following apply:
(i)The perpetrator of abuse or violences words or actions have threatened the physical safety of other tenants, guests, invitees, or licensees.
(ii)After expiration of a three-day notice requiring the tenant not to voluntarily permit or consent to the presence of the perpetrator of abuse or violence on the premises, the tenant continues to do so.
(c)Notwithstanding any provision in a lease to the contrary, a landlord shall not be liable to any other tenants for any action that arises due to the landlords compliance with this section.
(d)A violation of subdivision (b) by the landlord shall be an affirmative defense to a cause of action for unlawful detainer that is based on an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member as follows:
(1)If the perpetrator of the abuse or violence is not a tenant in residence of the same dwelling unit as the tenant, the tenants immediate family member, or household member, then the defendant shall have a complete defense as to that cause of action, unless each clause of subparagraph (B) of paragraph (2) of subdivision (b) applies.
(2)If the perpetrator of the abuse or violence is a tenant in residence of the same dwelling unit as the tenant, the tenants immediate family member, or household member, the court shall proceed in accordance with Section 1174.27.
(e)(1)A landlord shall not disclose any information provided by a tenant under this section to a third party unless either of the following is true:
(A)The tenant has consented in writing to the disclosure.
(B)The disclosure is required by law or court order.
(2)A landlords communication with the qualified third party who provides documentation in order to verify the contents of that documentation is not a disclosure for purposes of this subdivision.
(f)The Judicial Council shall review its forms that may be used by a party to assert in the responsive pleading the grounds set forth in this section as an affirmative defense to an unlawful detainer action and, by January 1, 2024, make any changes to those forms that the Judicial Council deems necessary to conform them to this section.
SEC. 3.Section 1174.27 is added to the Code of Civil Procedure, to read:1174.27.(a)This section shall apply to an unlawful detainer proceeding in which all of the following are true:
(1)The proceeding involves a residential premises.
(2)The complaint includes a cause of action based on an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member.
(3)A defendant has invoked paragraph (2) of subdivision (d) of Section 1161.3 as an affirmative defense to the cause of action described in paragraph (2).
(b)For the purposes of this section, the definitions in subdivision (a) of Section 1161.3 apply.
(c)The court shall determine whether there is documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member.
(d)If the court determines there is not documentation evidencing abuse or violence against the tenant, the court shall deny the affirmative defense.
(e)If the court determines that there is documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member, and the court does not find the defendant raising the affirmative defense guilty of an unlawful detainer on any other grounds, then both of the following:
(1)The defendant raising the affirmative defense and any other occupant not found guilty of an unlawful detainer shall not be guilty of an unlawful detainer and shall not be named in any judgment in favor of the landlord.
(2)The defendant raising the affirmative defense and any other occupant not found guilty of an unlawful detainer shall not be held liable to the landlord for any amount related to the unlawful detainer, including, but not limited to, holdover damages, court costs, lease termination fees, or attorneys fees.
(f)(1)If the court makes the determination described in subdivision (e), upon a showing that any other defendant was the perpetrator of the abuse or violence on which the affirmative defense was based and is guilty of an unlawful detainer, the court shall do both of the following:
(A)Issue a partial eviction ordering the removal of the perpetrator of abuse or violence and ordering that person be immediately removed and barred from the dwelling unit, but the court shall not order the tenancy terminated.
(B)Order the landlord to change the locks and to provide the remaining occupants with the new key.
(2)If a court issues a partial eviction order as described in subparagraph (A) of paragraph (1), then only a defendant found guilty of an unlawful detainer may be liable for holdover damages, court costs, lease termination fees, or attorneys fees, as applicable.
(3)If the court makes the determination described in subdivision (e), the court may, upon a showing that any other defendant was the perpetrator of the abuse or violence on which the affirmative defense was based and is guilty of an unlawful detainer, do any of the following:
(A)Permanently bar the perpetrator of abuse or violence from entering any portion of the residential premises.
(B)Order as an express condition of the tenancy that the remaining occupants shall not give permission to or invite the perpetrator of abuse or violence to live in the dwelling unit.
(4)In exercising its discretion under this subdivision, the court shall take into account custody or visitation orders or arrangements and any other factor that may necessitate the temporary reentry of the perpetrator of abuse or violence.
(g)The Judicial Council shall develop a judgment form for use in a ruling pursuant to subdivision (e) or (f).
(h)Notwithstanding any other law, a determination that a person is a perpetrator of abuse or violence under subdivision (e) or (f) shall not constitute a finding that the person is a perpetrator of abuse or violence for any other purposes and shall not be admissible as evidence that the person committed a crime or is a perpetrator of abuse or violence in any other proceeding, including, but not limited to, a civil action or proceeding, a criminal action or proceeding, and a proceeding involving a juvenile for a criminal offense.
(a)A tenant may notify the landlord that the tenant intends to terminate the tenancy if the tenant, a household member, or an immediate family member was the victim of an act that constitutes any of the following:
(1)Domestic violence as defined in Section 6211 of the Family Code.
(2)Sexual assault as defined in Section 261, 261.5, 286, 287, or 289 of the Penal Code.
(3)Stalking as defined in Section 1708.7.
(4)Human trafficking as defined in Section 236.1 of the Penal Code.
(5)Abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code.
(6)A crime that caused bodily injury or death.
(7)A crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument.
(8)A crime that included the use of force against the victim or a threat of force against the victim.
(b)A notice to terminate a tenancy under this section shall be in writing, with one of the following attached to the notice:
(1)A copy of a temporary restraining order, emergency protective order, or protective order lawfully issued pursuant to Part 3 (commencing with Section 6240) or Part 4 (commencing with Section 6300) of Division 10 of the Family Code, Section 136.2 of the Penal Code, Section 527.6 of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare and Institutions Code that protects the tenant, household member, or immediate family member from further domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or any act or crime listed in subdivision (a).
(2)A copy of a written report by a peace officer employed by a state or local law enforcement agency acting in the peace officers official capacity stating that the tenant, household member, or immediate family member has filed a report alleging that the tenant, the household member, or the immediate family member is a victim of an act or crime listed in subdivision (a).
(3)(A)Documentation from a qualified third party based on information received by that third party while acting in the third partys professional capacity to indicate that the tenant, household member, or immediate family member is seeking assistance for physical or mental injuries or abuse resulting from an act or crime listed in subdivision (a).
(B)The documentation shall contain, in substantially the same form, the following:
Tenant Statement and Qualified Third Party Statement | |
Part I.Statement By Tenant | |
I, [insert name of tenant], state as follows: | |
I, or a member of my household or immediate family, have been a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, or a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use of force against the victim or a threat of force against the victim.] | |
The most recent incident(s) happened on or about: | |
[insert date or dates.] | |
The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide: | |
[if known and safe to provide, insert name(s) and physical description(s).] | |
(signature of tenant)(date) | |
Part II.Qualified Third Party Statement | |
I, [insert name of qualified third party], state as follows: | |
My business address and phone number are: | |
[insert business address and phone number.] | |
Check and complete one of the following: | |
____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. | |
____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. | |
____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. | |
____I meet the definition of victim of violent crime advocate provided in Section 1947.6 of the Civil Code and I am employed, whether financially compensated or not, by an agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency. | |
____I am licensed by the State of California as a: | |
[insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is: | |
[insert name of state licensing entity and license number.] | |
The person who signed the Statement By Tenant above stated to me that the person, or a member of the persons household or immediate family, is a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, or a crime that caused physical injury, emotional injury and the threat of physical injury, or death.] | |
The person further stated to me the incident(s) occurred on or about the date(s) stated above. | |
I understand that the person who made the Statement By Tenant may use this document as a basis for terminating a lease with the persons landlord. | |
(signature of qualified third party)(date) | |
(C)The documentation may be signed by a person who meets the requirements for a sexual assault counselor, domestic violence counselor, a human trafficking caseworker, or a victim of violent crime advocate only if the documentation displays the letterhead of the office, hospital, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, this counselor, caseworker, or advocate.
(4)Any other form of documentation that reasonably verifies that the crime or act listed in subdivision (a) occurred.
(c)If the tenant is terminating tenancy pursuant to subdivision (a) because an immediate family member is a victim of an eligible act or crime listed in subdivision (a) and that tenant did not live in the same household as the immediate family member at the time of the act or crime, and no part of the act or crime occurred within the dwelling unit or within 1,000 feet of the dwelling unit of the tenant, the tenant shall attach to the notice and other documentation required by subdivision (b) a written statement stating all of the following:
(1)The tenants immediate family member was a victim of an act or crime listed in subdivision (a).
(2)The tenant intends to relocate as a result of the tenants immediate family member being a victim of an act or crime listed in subdivision (a).
(3)The tenant is relocating to increase the safety, physical well-being, emotional well-being, psychological well-being, or financial security of the tenant or of the tenants immediate family member as a result of the act or crime.
(d)The notice to terminate the tenancy shall be given within 180 days of the date that any order described in paragraph (1) of subdivision (b) was issued, within 180 days of the date that any written report described in paragraph (2) of subdivision (b) was made, within 180 days of the date that an act or a crime described in subdivision (a) occurred, or within the time period described in Section 1946.
(e)If notice to terminate the tenancy is provided to the landlord under this section, the tenant shall be responsible for payment of rent for no more than 14 calendar days following the giving of the notice, or for any shorter appropriate period as described in Section 1946 or the lease or rental agreement. The tenant shall be released without penalty from any further rent or other payment obligation to the landlord under the lease or rental agreement. If the premises are relet to another party prior to the end of the obligation to pay rent, the rent owed under this subdivision shall be prorated.
(f)Notwithstanding any law, a landlord shall not, due to the termination, require a tenant who terminates a lease or rental agreement pursuant to this section to forfeit any security deposit money or advance rent paid. A tenant who terminates a rental agreement pursuant to this section shall not be considered for any purpose, by reason of the termination, to have breached the lease or rental agreement. In all other respects, the law governing the security deposit shall apply.
(g)This section does not relieve a tenant, other than the tenant who is, or who has a household member or immediate family member who is, a victim of an act or crime listed in subdivision (a) and members of that tenants household, from their obligations under the lease or rental agreement.
(h)For purposes of this section, the following definitions apply:
(1)Household member means a member of the tenants family who lives in the same residential unit as the tenant.
(2)Health practitioner means a physician and surgeon, osteopathic physician and surgeon, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or a victim of violent crime advocate.
(3)Immediate family member means the parent, stepparent, spouse, child, child-in-law, stepchild, or sibling of the tenant, or any person living in the tenants household at the time the crime or act listed in subdivision (a) occurred who has a relationship with the tenant that is substantially similar to that of a family member.
(4)Qualified third party means a health practitioner, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, or a human trafficking caseworker, as defined in Section 1038.2 of the Evidence Code.
(5)Victim of violent crime advocate means a person who is employed, whether financially compensated or not, for the purpose of rendering advice or assistance to victims of violent crimes for an agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency.
(i)(1)A landlord shall not disclose any information provided by a tenant under this section to a third party unless the disclosure satisfies one or more of the following:
(A)The tenant consents in writing to the disclosure.
(B)The disclosure is required by law or order of the court.
(2)A landlords communication to a qualified third party who provides documentation under paragraph (3) of subdivision (b) to verify the contents of that documentation is not disclosure for purposes of this subdivision.
(j)An owner or an owners agent shall not refuse to rent a dwelling unit to an otherwise qualified prospective tenant or refuse to continue to rent to an existing tenant solely on the basis that the tenant has previously exercised the tenants rights under this section or has previously terminated a tenancy because of the circumstances described in subdivision (a).
(k)A landlord or agent of a landlord who violates this section shall be liable to the tenant in a civil action for both of the following:
(1)The actual damages sustained by the tenant.
(2)(A)A civil penalty Statutory damages of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000).
(B)Notwithstanding subparagraph (A), a landlord or agent of a landlord who violates this section shall not be liable for civil penalties statutory damages if the tenant provided documentation of the crime or act to the landlord or the agent of the landlord pursuant to paragraph (4) of subdivision (b) only.
(l)The remedies provided by this section shall be in addition to any other remedy provided by law.
SEC. 2.Section 1161.3 of the Code of Civil Procedure is amended to read:1161.3.(a)For purposes of this section:
(1)Abuse or violence means domestic violence as defined in Section 6211 of the Family Code, sexual assault as defined in Section 1219, stalking as defined in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code, human trafficking as defined in Section 236.1 of the Penal Code, abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code, or any act described in paragraphs (6) to (8), inclusive, of subdivision (a) of Section 1946.7 of the Civil Code.
(2)Documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member means any of the following:
(A)A temporary restraining order, emergency protective order, or protective order lawfully issued within the last 180 days 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 or 15657.03 of the Welfare and Institutions Code that protects the tenant, the tenants immediate family member, or the tenants household member from abuse or violence.
(B)A copy of a written report, written within the last 180 days, by a peace officer employed by a state or local law enforcement agency acting in the officers official capacity, stating that the tenant, the tenants immediate family member, or the tenants household member has filed a report alleging that they are a victim of abuse or violence.
(C)(i)Documentation from a qualified third party based on information received by that third party while acting in their professional capacity to indicate that the tenant, the tenants immediate family member, or the tenants household member is seeking assistance for physical or mental injuries or abuse resulting from an act of abuse or violence, which shall contain, in substantially the same form, the following:
Tenant Statement and Qualified Third Party Statement | |
Part I.Statement By Tenant | |
I, [insert name of tenant], state as follows: | |
I, my immediate family member, or a member of my household, have been a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use or threat of force against the victim.] | |
The most recent incident(s) happened on or about: | |
[insert date or dates.] | |
The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide: | |
[if known and safe to provide, insert name(s) and physical description(s).] | |
(signature of tenant)(date) | |
Part II.Qualified Third Party Statement | |
I, [insert name of qualified third party], state as follows: | |
My business address and phone number are: | |
[insert business address and phone number.] | |
Check and complete one of the following: | |
____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. | |
____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. | |
____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. ____I meet the definition of victim of violent crime advocate provided in Section 1946.7 of the Civil Code and I am employed, whether financially compensated or not, by an agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency. | |
____I am licensed by the State of California as a: | |
[insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is: | |
[insert name of state licensing entity and license number.] | |
The person who signed the Statement By Tenant above stated to me that they, a member of their immediate family, or a member of their household is a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use or threat of force against the victim.] | |
The person further stated to me the incident(s) occurred on or about the date(s) stated above. | |
(signature of qualified third party)(date) | |
(ii)The documentation may be signed by a person who meets the requirements for a sexual assault counselor, domestic violence counselor, a human trafficking caseworker, or a victim of violent crime advocate only if the documentation displays the letterhead of the office, hospital, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, this counselor, caseworker, or advocate.
(D)Any other form of documentation or evidence that reasonably verifies that the abuse or violence occurred.
(3)Health practitioner means a physician and surgeon, osteopathic physician and surgeon, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.
(4)Immediate family member has the same meaning as defined in Section 1946.7 of the Civil Code.
(5)Perpetrator of abuse or violence means any of the following:
(A)The person against whom an order described in subparagraph (A) of paragraph (1) of subdivision (a) has been issued.
(B)The person who was named or referred to as causing the abuse or violence in the report described in subparagraph (B) of paragraph (1) of subdivision (a).
(C)The person who was named or referred to as causing the abuse or violence in the documentation described in subparagraph (C) of paragraph (1) of subdivision (a).
(D)The person who was named or referred to as causing the abuse or violence in the documentation described in subparagraph (D) of paragraph (1) of subdivision (a).
(6)Qualified third party means a health practitioner, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, a human trafficking caseworker, as defined in Section 1038.2 of the Evidence Code, or a victim of violent crime advocate.
(7)Tenant means tenant, subtenant, lessee, or sublessee.
(8)Tenant in residence means a tenant who is currently residing in the unit and has full physical and legal access to the unit.
(9)Victim of violent crime advocate has the same meaning as defined in Section 1946.7 of the Civil Code.
(b)(1)A landlord shall not terminate a tenancy or fail to renew a tenancy based on an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member if the landlord has received documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member.
(2)Notwithstanding paragraph (1), a landlord may terminate a tenancy or fail to renew a tenancy based on an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member even after receiving documentation of abuse or violence against the tenant, the tenants immediate family member, or the tenants household member if either of the following apply:
(A)The perpetrator of abuse or violence is a tenant in residence of the same dwelling unit as the tenant, the tenants immediate family member, or household member.
(B)Both of the following apply:
(i)The perpetrator of abuse or violences words or actions have threatened the physical safety of other tenants, guests, invitees, or licensees.
(ii)After expiration of a three-day notice requiring the tenant not to voluntarily permit or consent to the presence of the perpetrator of abuse or violence on the premises, the tenant continues to do so.
(c)Notwithstanding any provision in a lease to the contrary, a landlord shall not be liable to any other tenants for any action that arises due to the landlords compliance with this section.
(d)A violation of subdivision (b) by the landlord shall be an affirmative defense to a cause of action for unlawful detainer that is based on an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member as follows:
(1)If the perpetrator of the abuse or violence is not a tenant in residence of the same dwelling unit as the tenant, the tenants immediate family member, or household member, then the defendant shall have a complete defense as to that cause of action, unless each clause of subparagraph (B) of paragraph (2) of subdivision (b) applies.
(2)If the perpetrator of the abuse or violence is a tenant in residence of the same dwelling unit as the tenant, the tenants immediate family member, or household member, the court shall proceed in accordance with Section 1174.27.
(e)(1)A landlord shall not disclose any information provided by a tenant under this section to a third party unless either of the following is true:
(A)The tenant has consented in writing to the disclosure.
(B)The disclosure is required by law or court order.
(2)A landlords communication with the qualified third party who provides documentation in order to verify the contents of that documentation is not a disclosure for purposes of this subdivision.
(f)The Judicial Council shall review its forms that may be used by a party to assert in the responsive pleading the grounds set forth in this section as an affirmative defense to an unlawful detainer action and, by January 1, 2024, make any changes to those forms that the Judicial Council deems necessary to conform them to this section.
SEC. 3.Section 1174.27 is added to the Code of Civil Procedure, to read:1174.27.(a)This section shall apply to an unlawful detainer proceeding in which all of the following are true:
(1)The proceeding involves a residential premises.
(2)The complaint includes a cause of action based on an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member.
(3)A defendant has invoked paragraph (2) of subdivision (d) of Section 1161.3 as an affirmative defense to the cause of action described in paragraph (2).
(b)For the purposes of this section, the definitions in subdivision (a) of Section 1161.3 apply.
(c)The court shall determine whether there is documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member.
(d)If the court determines there is not documentation evidencing abuse or violence against the tenant, the court shall deny the affirmative defense.
(e)If the court determines that there is documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member, and the court does not find the defendant raising the affirmative defense guilty of an unlawful detainer on any other grounds, then both of the following:
(1)The defendant raising the affirmative defense and any other occupant not found guilty of an unlawful detainer shall not be guilty of an unlawful detainer and shall not be named in any judgment in favor of the landlord.
(2)The defendant raising the affirmative defense and any other occupant not found guilty of an unlawful detainer shall not be held liable to the landlord for any amount related to the unlawful detainer, including, but not limited to, holdover damages, court costs, lease termination fees, or attorneys fees.
(f)(1)If the court makes the determination described in subdivision (e), upon a showing that any other defendant was the perpetrator of the abuse or violence on which the affirmative defense was based and is guilty of an unlawful detainer, the court shall do both of the following:
(A)Issue a partial eviction ordering the removal of the perpetrator of abuse or violence and ordering that person be immediately removed and barred from the dwelling unit, but the court shall not order the tenancy terminated.
(B)Order the landlord to change the locks and to provide the remaining occupants with the new key.
(2)If a court issues a partial eviction order as described in subparagraph (A) of paragraph (1), then only a defendant found guilty of an unlawful detainer may be liable for holdover damages, court costs, lease termination fees, or attorneys fees, as applicable.
(3)If the court makes the determination described in subdivision (e), the court may, upon a showing that any other defendant was the perpetrator of the abuse or violence on which the affirmative defense was based and is guilty of an unlawful detainer, do any of the following:
(A)Permanently bar the perpetrator of abuse or violence from entering any portion of the residential premises.
(B)Order as an express condition of the tenancy that the remaining occupants shall not give permission to or invite the perpetrator of abuse or violence to live in the dwelling unit.
(4)In exercising its discretion under this subdivision, the court shall take into account custody or visitation orders or arrangements and any other factor that may necessitate the temporary reentry of the perpetrator of abuse or violence.
(g)The Judicial Council shall develop a judgment form for use in a ruling pursuant to subdivision (e) or (f).
(h)Notwithstanding any other law, a determination that a person is a perpetrator of abuse or violence under subdivision (e) or (f) shall not constitute a finding that the person is a perpetrator of abuse or violence for any other purposes and shall not be admissible as evidence that the person committed a crime or is a perpetrator of abuse or violence in any other proceeding, including, but not limited to, a civil action or proceeding, a criminal action or proceeding, and a proceeding involving a juvenile for a criminal offense.
(a)A tenant may notify the landlord that the tenant intends to terminate the tenancy if the tenant, a household member, or an immediate family member was the victim of an act that constitutes any of the following:
(1)Domestic violence as defined in Section 6211 of the Family Code.
(2)Sexual assault as defined in Section 261, 261.5, 286, 287, or 289 of the Penal Code.
(3)Stalking as defined in Section 1708.7.
(4)Human trafficking as defined in Section 236.1 of the Penal Code.
(5)Abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code.
(6)A crime that caused bodily injury or death.
(7)A crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument.
(8)A crime that included the use of force against the victim or a threat of force against the victim.
(b)A notice to terminate a tenancy under this section shall be in writing, with one of the following attached to the notice:
(1)A copy of a temporary restraining order, emergency protective order, or protective order lawfully issued pursuant to Part 3 (commencing with Section 6240) or Part 4 (commencing with Section 6300) of Division 10 of the Family Code, Section 136.2 of the Penal Code, Section 527.6 of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare and Institutions Code that protects the tenant, household member, or immediate family member from further domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or any act or crime listed in subdivision (a).
(2)A copy of a written report by a peace officer employed by a state or local law enforcement agency acting in the peace officers official capacity stating that the tenant, household member, or immediate family member has filed a report alleging that the tenant, the household member, or the immediate family member is a victim of an act or crime listed in subdivision (a).
(3)(A)Documentation from a qualified third party based on information received by that third party while acting in the third partys professional capacity to indicate that the tenant, household member, or immediate family member is seeking assistance for physical or mental injuries or abuse resulting from an act or crime listed in subdivision (a).
(B)The documentation shall contain, in substantially the same form, the following:
Tenant Statement and Qualified Third Party Statement | |
Part I.Statement By Tenant | |
I, [insert name of tenant], state as follows: | |
I, or a member of my household or immediate family, have been a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, or a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use of force against the victim or a threat of force against the victim.] | |
The most recent incident(s) happened on or about: | |
[insert date or dates.] | |
The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide: | |
[if known and safe to provide, insert name(s) and physical description(s).] | |
(signature of tenant)(date) | |
Part II.Qualified Third Party Statement | |
I, [insert name of qualified third party], state as follows: | |
My business address and phone number are: | |
[insert business address and phone number.] | |
Check and complete one of the following: | |
____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. | |
____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. | |
____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. | |
____I meet the definition of victim of violent crime advocate provided in Section 1947.6 of the Civil Code and I am employed, whether financially compensated or not, by an agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency. | |
____I am licensed by the State of California as a: | |
[insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is: | |
[insert name of state licensing entity and license number.] | |
The person who signed the Statement By Tenant above stated to me that the person, or a member of the persons household or immediate family, is a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, or a crime that caused physical injury, emotional injury and the threat of physical injury, or death.] | |
The person further stated to me the incident(s) occurred on or about the date(s) stated above. | |
I understand that the person who made the Statement By Tenant may use this document as a basis for terminating a lease with the persons landlord. | |
(signature of qualified third party)(date) | |
(C)The documentation may be signed by a person who meets the requirements for a sexual assault counselor, domestic violence counselor, a human trafficking caseworker, or a victim of violent crime advocate only if the documentation displays the letterhead of the office, hospital, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, this counselor, caseworker, or advocate.
(4)Any other form of documentation that reasonably verifies that the crime or act listed in subdivision (a) occurred.
(c)If the tenant is terminating tenancy pursuant to subdivision (a) because an immediate family member is a victim of an eligible act or crime listed in subdivision (a) and that tenant did not live in the same household as the immediate family member at the time of the act or crime, and no part of the act or crime occurred within the dwelling unit or within 1,000 feet of the dwelling unit of the tenant, the tenant shall attach to the notice and other documentation required by subdivision (b) a written statement stating all of the following:
(1)The tenants immediate family member was a victim of an act or crime listed in subdivision (a).
(2)The tenant intends to relocate as a result of the tenants immediate family member being a victim of an act or crime listed in subdivision (a).
(3)The tenant is relocating to increase the safety, physical well-being, emotional well-being, psychological well-being, or financial security of the tenant or of the tenants immediate family member as a result of the act or crime.
(d)The notice to terminate the tenancy shall be given within 180 days of the date that any order described in paragraph (1) of subdivision (b) was issued, within 180 days of the date that any written report described in paragraph (2) of subdivision (b) was made, within 180 days of the date that an act or a crime described in subdivision (a) occurred, or within the time period described in Section 1946.
(e)If notice to terminate the tenancy is provided to the landlord under this section, the tenant shall be responsible for payment of rent for no more than 14 calendar days following the giving of the notice, or for any shorter appropriate period as described in Section 1946 or the lease or rental agreement. The tenant shall be released without penalty from any further rent or other payment obligation to the landlord under the lease or rental agreement. If the premises are relet to another party prior to the end of the obligation to pay rent, the rent owed under this subdivision shall be prorated.
(f)Notwithstanding any law, a landlord shall not, due to the termination, require a tenant who terminates a lease or rental agreement pursuant to this section to forfeit any security deposit money or advance rent paid. A tenant who terminates a rental agreement pursuant to this section shall not be considered for any purpose, by reason of the termination, to have breached the lease or rental agreement. In all other respects, the law governing the security deposit shall apply.
(g)This section does not relieve a tenant, other than the tenant who is, or who has a household member or immediate family member who is, a victim of an act or crime listed in subdivision (a) and members of that tenants household, from their obligations under the lease or rental agreement.
(h)For purposes of this section, the following definitions apply:
(1)Household member means a member of the tenants family who lives in the same residential unit as the tenant.
(2)Health practitioner means a physician and surgeon, osteopathic physician and surgeon, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or a victim of violent crime advocate.
(3)Immediate family member means the parent, stepparent, spouse, child, child-in-law, stepchild, or sibling of the tenant, or any person living in the tenants household at the time the crime or act listed in subdivision (a) occurred who has a relationship with the tenant that is substantially similar to that of a family member.
(4)Qualified third party means a health practitioner, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, or a human trafficking caseworker, as defined in Section 1038.2 of the Evidence Code.
(5)Victim of violent crime advocate means a person who is employed, whether financially compensated or not, for the purpose of rendering advice or assistance to victims of violent crimes for an agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency.
(i)(1)A landlord shall not disclose any information provided by a tenant under this section to a third party unless the disclosure satisfies one or more of the following:
(A)The tenant consents in writing to the disclosure.
(B)The disclosure is required by law or order of the court.
(2)A landlords communication to a qualified third party who provides documentation under paragraph (3) of subdivision (b) to verify the contents of that documentation is not disclosure for purposes of this subdivision.
(j)An owner or an owners agent shall not refuse to rent a dwelling unit to an otherwise qualified prospective tenant or refuse to continue to rent to an existing tenant solely on the basis that the tenant has previously exercised the tenants rights under this section or has previously terminated a tenancy because of the circumstances described in subdivision (a).
(k)A landlord or agent of a landlord who violates this section shall be liable to the tenant in a civil action for both of the following:
(1)The actual damages sustained by the tenant.
(2)(A)A civil penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000).
(B)Notwithstanding subparagraph (A), a landlord or agent of a landlord who violates this section shall not be liable for civil penalties if the tenant provided documentation of the crime or act to the landlord or the agent of the landlord pursuant to paragraph (4) of subdivision (b) only.
(l)The remedies provided by this section shall be in addition to any other remedy provided by law.
SEC. 2.Section 1161.3 of the Code of Civil Procedure is amended to read:1161.3.(a)For purposes of this section:
(1)Abuse or violence means domestic violence as defined in Section 6211 of the Family Code, sexual assault as defined in Section 1219, stalking as defined in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code, human trafficking as defined in Section 236.1 of the Penal Code, abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code, or any act described in paragraphs (6) to (8), inclusive, of subdivision (a) of Section 1946.7 of the Civil Code.
(2)Documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member means any of the following:
(A)A temporary restraining order, emergency protective order, or protective order lawfully issued within the last 180 days 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 or 15657.03 of the Welfare and Institutions Code that protects the tenant, the tenants immediate family member, or the tenants household member from abuse or violence.
(B)A copy of a written report, written within the last 180 days, by a peace officer employed by a state or local law enforcement agency acting in the officers official capacity, stating that the tenant, the tenants immediate family member, or the tenants household member has filed a report alleging that they are a victim of abuse or violence.
(C)(i)Documentation from a qualified third party based on information received by that third party while acting in their professional capacity to indicate that the tenant, the tenants immediate family member, or the tenants household member is seeking assistance for physical or mental injuries or abuse resulting from an act of abuse or violence, which shall contain, in substantially the same form, the following:
Tenant Statement and Qualified Third Party Statement | |
Part I.Statement By Tenant | |
I, [insert name of tenant], state as follows: | |
I, my immediate family member, or a member of my household, have been a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use or threat of force against the victim.] | |
The most recent incident(s) happened on or about: | |
[insert date or dates.] | |
The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide: | |
[if known and safe to provide, insert name(s) and physical description(s).] | |
(signature of tenant)(date) | |
Part II.Qualified Third Party Statement | |
I, [insert name of qualified third party], state as follows: | |
My business address and phone number are: | |
[insert business address and phone number.] | |
Check and complete one of the following: | |
____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. | |
____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. | |
____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. ____I meet the definition of victim of violent crime advocate provided in Section 1946.7 of the Civil Code and I am employed, whether financially compensated or not, by an agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency. | |
____I am licensed by the State of California as a: | |
[insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is: | |
[insert name of state licensing entity and license number.] | |
The person who signed the Statement By Tenant above stated to me that they, a member of their immediate family, or a member of their household is a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use or threat of force against the victim.] | |
The person further stated to me the incident(s) occurred on or about the date(s) stated above. | |
(signature of qualified third party)(date) | |
(ii)The documentation may be signed by a person who meets the requirements for a sexual assault counselor, domestic violence counselor, a human trafficking caseworker, or a victim of violent crime advocate only if the documentation displays the letterhead of the office, hospital, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, this counselor, caseworker, or advocate.
(D)Any other form of documentation or evidence that reasonably verifies that the abuse or violence occurred.
(3)Health practitioner means a physician and surgeon, osteopathic physician and surgeon, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.
(4)Immediate family member has the same meaning as defined in Section 1946.7 of the Civil Code.
(5)Perpetrator of abuse or violence means any of the following:
(A)The person against whom an order described in subparagraph (A) of paragraph (1) of subdivision (a) has been issued.
(B)The person who was named or referred to as causing the abuse or violence in the report described in subparagraph (B) of paragraph (1) of subdivision (a).
(C)The person who was named or referred to as causing the abuse or violence in the documentation described in subparagraph (C) of paragraph (1) of subdivision (a).
(D)The person who was named or referred to as causing the abuse or violence in the documentation described in subparagraph (D) of paragraph (1) of subdivision (a).
(6)Qualified third party means a health practitioner, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, a human trafficking caseworker, as defined in Section 1038.2 of the Evidence Code, or a victim of violent crime advocate.
(7)Tenant means tenant, subtenant, lessee, or sublessee.
(8)Tenant in residence means a tenant who is currently residing in the unit and has full physical and legal access to the unit.
(9)Victim of violent crime advocate has the same meaning as defined in Section 1946.7 of the Civil Code.
(b)(1)A landlord shall not terminate a tenancy or fail to renew a tenancy based upon on an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member if the landlord has received documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member.
(2)Notwithstanding paragraph (1), a landlord may terminate a tenancy or fail to renew a tenancy based upon on an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member that constitutes abuse or violence even after receiving documentation of abuse or violence against the tenant, the tenants immediate family member, or the tenants household member if either of the following apply:
(A)The perpetrator of abuse or violence is a tenant in residence of the same dwelling unit as the tenant, the tenants immediate family member, or household member.
(B)Both of the following apply:
(i)The perpetrator of abuse or violences words or actions have threatened the physical safety of other tenants, guests, invitees, or licensees.
(ii)After expiration of a three-day notice requiring the tenant not to voluntarily permit or consent to the presence of the perpetrator of abuse or violence on the premises, the tenant continues to do so.
(c)Notwithstanding any provision in a lease to the contrary, a landlord shall not be liable to any other tenants for any action that arises due to the landlords compliance with this section.
(d)A defendant may raise subdivision (b) as A violation of subdivision (b) by the landlord shall be an affirmative defense to a cause of action for unlawful detainer that is based upon on an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member that constitutes abuse or violence as follows:
(1)If the perpetrator of the abuse or violence is not a tenant in residence of the same dwelling unit as the tenant, the tenants immediate family member, or household member, then the defendant shall have a complete defense as to that cause of action, unless each clause of subparagraph (B) of paragraph (2) of subdivision (b) applies.
(2)If the perpetrator of the abuse or violence is a tenant in residence of the same dwelling unit as the tenant, the tenants immediate family member, or household member, the court shall proceed in accordance with Section 1174.27.
(e)(1)A landlord shall not disclose any information provided by a tenant under this section to a third party unless either of the following is true:
(A)The tenant has consented in writing to the disclosure.
(B)The disclosure is required by law or court order.
(2)A landlords communication with the qualified third party who provides documentation in order to verify the contents of that documentation is not a disclosure for purposes of this subdivision.
(f)The Judicial Council shall review its forms that may be used by a party to assert in the responsive pleading the grounds set forth in this section as an affirmative defense to an unlawful detainer action and, by January 1, 2024, make any changes to those forms that the Judicial Council deems necessary to conform them to this section.
SEC. 3.Section 1174.27 is added to the Code of Civil Procedure, to read:1174.27.(a)This section shall apply to an unlawful detainer proceeding in which all of the following are true:
(1)The proceeding involves a residential premises.
(2)The complaint includes a cause of action based on an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member.
(3)A defendant has invoked paragraph (2) of subdivision (d) of Section 1161.3 as an affirmative defense to the cause of action described in paragraph (2).
(b)For the purposes of this section, the definitions in subdivision (a) of Section 1161.3 apply.
(c)The court shall determine whether there is documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member. The tenant may request that the court examine any documentation or evidence proffered for this purpose in camera.
(d)If the court determines there is not documentation evidencing abuse or violence against the tenant, the court shall deny the affirmative defense.
(e)If the court determines that there is documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member, and the court does not find the defendant raising the affirmative defense guilty of an unlawful detainer on any other grounds, the court shall order all then both of the following:
(1)The defendant raising the affirmative defense and any other occupant not found guilty of an unlawful detainer shall not be guilty of an unlawful detainer and shall not be named in any judgment in favor of the landlord.
(2)The defendant raising the affirmative defense and any other occupant not found guilty of an unlawful detainer shall not be held liable to the landlord for any amount related to the unlawful detainer, including, but not limited to, holdover damages, court costs, lease termination fees, or attorneys fees.
(3)Upon a showing of good cause that any other defendant was the perpetrator of the violence or abuse on which the affirmative defense was based, the court shall issue a partial eviction ordering the removal of the perpetrator of violence or abuse. The court shall order the perpetrator of violence or abuse to be immediately removed and barred from the property, but the court shall not order the tenancy to be terminated. The court shall order the landlord to change the locks and to provide the remaining occupants with the new key. The court may, in addition, permanently bar the defendant who was the perpetrator of the violence or abuse on which the affirmative defense was based from returning to or reentering any portion of the entire premises. The court may further order as an express condition of the tenancy that the remaining occupants shall not give permission to or invite any person who has been removed pursuant to this subdivision to return to or reenter any portion of the entire premises. In exercising its discretion under this subdivision, the court shall take into account custody or visitation orders or arrangements and any other factors that may necessitate the temporary reentry of any person ordered removed from the premises.(f)(1)If the court makes the determination described in subdivision (e), upon a showing that any other defendant was the perpetrator of the abuse or violence on which the affirmative defense was based and is guilty of an unlawful detainer, the court shall do both of the following:
(A)Issue a partial eviction ordering the removal of the perpetrator of abuse or violence and ordering that person be immediately removed and barred from the dwelling unit, but the court shall not order the tenancy terminated.
(B)Order the landlord to change the locks and to provide the remaining occupants with the new key.
(2)If a court issues a partial eviction order as described in subparagraph (A) of paragraph (1), then only a defendant found guilty of an unlawful detainer may be liable for holdover damages, court costs, lease termination fees, or attorneys fees, as applicable.
(3)If the court makes the determination described in subdivision (e), the court may, upon a showing that any other defendant was the perpetrator of the abuse or violence on which the affirmative defense was based and is guilty of an unlawful detainer, do any of the following:
(A)Permanently bar the perpetrator of abuse or violence from entering any portion of the residential premises.
(B)Order as an express condition of the tenancy that the remaining occupants shall not give permission to or invite the perpetrator of abuse or violence to live in the dwelling unit.
(4)In exercising its discretion under this subdivision, the court shall take into account custody or visitation orders or arrangements and any other factor that may necessitate the temporary reentry of the perpetrator of abuse or violence.
(f)(g)The Judicial Council shall develop a judgment form for use in a ruling pursuant to subdivision (e). (e) or (f).
(h)Notwithstanding any other law, a determination that a person is a perpetrator of abuse or violence under subdivision (e) or (f) shall not constitute a finding that the person is a perpetrator of abuse or violence for any other purposes and shall not be admissible as evidence that the person committed a crime or is a perpetrator of abuse or violence in any other proceeding, including, but not limited to, a civil action or proceeding, a criminal action or proceeding, and a proceeding involving a juvenile for a criminal offense.
(a)A tenant may notify the landlord that the tenant intends to terminate the tenancy if the tenant, a household member, or an immediate family member was the victim of an act that constitutes any of the following:
(1)Domestic violence as defined in Section 6211 of the Family Code.
(2)Sexual assault as defined in Section 261, 261.5, 286, 287, or 289 of the Penal Code.
(3)Stalking as defined in Section 1708.7.
(4)Human trafficking as defined in Section 236.1 of the Penal Code.
(5)Abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code.
(6)A crime that caused bodily injury or death.
(7)A crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument.
(8)A crime that included the use of force against the victim or a threat of force against the victim.
(b)A notice to terminate a tenancy under this section shall be in writing, with one of the following attached to the notice:
(1)A copy of a temporary restraining order, emergency protective order, or protective order lawfully issued pursuant to Part 3 (commencing with Section 6240) or Part 4 (commencing with Section 6300) of Division 10 of the Family Code, Section 136.2 of the Penal Code, Section 527.6 of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare and Institutions Code that protects the tenant, household member, or immediate family member from further domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or any act or crime listed in subdivision (a).
(2)A copy of a written report by a peace officer employed by a state or local law enforcement agency acting in the peace officers official capacity stating that the tenant, household member, or immediate family member has filed a report alleging that the tenant, the household member, or the immediate family member is a victim of an act or crime listed in subdivision (a).
(3)(A)Documentation from a qualified third party based on information received by that third party while acting in the third partys professional capacity to indicate that the tenant, household member, or immediate family member is seeking assistance for physical or mental injuries or abuse resulting from an act or crime listed in subdivision (a).
(B)The documentation shall contain, in substantially the same form, the following:
Tenant Statement and Qualified Third Party Statement | |
Part I.Statement By Tenant | |
I, [insert name of tenant], state as follows: | |
I, or a member of my household or immediate family, have been a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, or a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use of force against the victim or a threat of force against the victim.] | |
The most recent incident(s) happened on or about: | |
[insert date or dates.] | |
The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide: | |
[if known and safe to provide, insert name(s) and physical description(s).] | |
(signature of tenant)(date) | |
Part II.Qualified Third Party Statement | |
I, [insert name of qualified third party], state as follows: | |
My business address and phone number are: | |
[insert business address and phone number.] | |
Check and complete one of the following: | |
____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. | |
____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. | |
____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. | |
____I meet the definition of victim of violent crime advocate provided in Section 1947.6 of the Civil Code and I am employed, whether financially compensated or not, by an agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency. | |
____I am licensed by the State of California as a: | |
[insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is: | |
[insert name of state licensing entity and license number.] | |
The person who signed the Statement By Tenant above stated to me that the person, or a member of the persons household or immediate family, is a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, or a crime that caused physical injury, emotional injury and the threat of physical injury, or death.] | |
The person further stated to me the incident(s) occurred on or about the date(s) stated above. | |
I understand that the person who made the Statement By Tenant may use this document as a basis for terminating a lease with the persons landlord. | |
(signature of qualified third party)(date) | |
(C)The documentation may be signed by a person who meets the requirements for a sexual assault counselor, domestic violence counselor, a human trafficking caseworker, or a victim of violent crime advocate only if the documentation displays the letterhead of the office, hospital, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, this counselor, caseworker, or advocate.
(4)Any other form of documentation that reasonably verifies that the crime or act listed in subdivision (a) occurred.
(c)If the tenant is terminating tenancy pursuant to subdivision (a) because an immediate family member is a victim of an eligible act or crime listed in subdivision (a) and that tenant did not live in the same household as the immediate family member at the time of the act or crime, and no part of the act or crime occurred within the dwelling unit or within 1,000 feet of the dwelling unit of the tenant, the tenant shall attach to the notice and other documentation required by subdivision (b) a written statement stating all of the following:
(1)The tenants immediate family member was a victim of an act or crime listed in subdivision (a).
(2)The tenant intends to relocate as a result of the tenants immediate family member being a victim of an act or crime listed in subdivision (a).
(3)The tenant is relocating to increase the safety, physical well-being, emotional well-being, psychological well-being, or financial security of the tenant or of the tenants immediate family member as a result of the act or crime.
(d)The notice to terminate the tenancy shall be given within 180 days of the date that any order described in paragraph (1) of subdivision (b) was issued, within 180 days of the date that any written report described in paragraph (2) of subdivision (b) was made, within 180 days of the date that an act or a crime described in subdivision (a) occurred, or within the time period described in Section 1946.
(e)If notice to terminate the tenancy is provided to the landlord under this section, the tenant shall be responsible for payment of rent for no more than 14 calendar days following the giving of the notice, or for any shorter appropriate period as described in Section 1946 or the lease or rental agreement. The tenant shall be released without penalty from any further rent or other payment obligation to the landlord under the lease or rental agreement. If the premises are relet to another party prior to the end of the obligation to pay rent, the rent owed under this subdivision shall be prorated.
(f)Notwithstanding any law, a landlord shall not, due to the termination, require a tenant who terminates a lease or rental agreement pursuant to this section to forfeit any security deposit money or advance rent paid. A tenant who terminates a rental agreement pursuant to this section shall not be considered for any purpose, by reason of the termination, to have breached the lease or rental agreement. In all other respects, the law governing the security deposit shall apply.
(g)This section does not relieve a tenant, other than the tenant who is, or who has a household member or immediate family member who is, a victim of an act or crime listed in subdivision (a) and members of that tenants household, from their obligations under the lease or rental agreement.
(h)For purposes of this section, the following definitions apply:
(1)Household member means a member of the tenants family who lives in the same residential unit as the tenant.
(2)Health practitioner means a physician and surgeon, osteopathic physician and surgeon, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or a victim of violent crime advocate.
(3)Immediate family member means the parent, stepparent, spouse, child, child-in-law, stepchild, or sibling of the tenant, or any person living in the tenants household at the time the crime or act listed in subdivision (a) occurred who has a relationship with the tenant that is substantially similar to that of a family member.
(4)Qualified third party means a health practitioner, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, or a human trafficking caseworker, as defined in Section 1038.2 of the Evidence Code.
(5)Victim of violent crime advocate means a person who is employed, whether financially compensated or not, for the purpose of rendering advice or assistance to victims of violent crimes for an agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency.
(i)(1)A landlord shall not disclose any information provided by a tenant under this section to a third party unless the disclosure satisfies one or more of the following:
(A)The tenant consents in writing to the disclosure.
(B)The disclosure is required by law or order of the court.
(2)A landlords communication to a qualified third party who provides documentation under paragraph (3) of subdivision (b) to verify the contents of that documentation is not disclosure for purposes of this subdivision.
(j)An owner or an owners agent shall not refuse to rent a dwelling unit to an otherwise qualified prospective tenant or refuse to continue to rent to an existing tenant solely on the basis that the tenant has previously exercised the tenants rights under this section or has previously terminated a tenancy because of the circumstances described in subdivision (a).
(k)A landlord or agent of a landlord who violates this section shall be liable to the tenant in a civil action for both of the following:
(1)The actual damages sustained by the tenant.
(2)(A)A civil penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000).
(B)Notwithstanding subparagraph (A), a landlord or agent of a landlord who violates this section shall not be liable for civil penalties if the tenant provided documentation of the crime or act to the landlord or the agent of the landlord pursuant to paragraph (4) of subdivision (b) only.
(l)The remedies provided by this section shall be in addition to any other remedy provided by law.
SEC. 2.Section 1161.3 of the Code of Civil Procedure is amended to read:1161.3.(a)For purposes of this section:
(1)Abuse or violence means domestic violence as defined in Section 6211 of the Family Code, sexual assault as defined in Section 1219, stalking as defined in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code, human trafficking as defined in Section 236.1 of the Penal Code, abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code, or any act described in paragraphs (6) to (8), inclusive, of subdivision (a) of Section 1946.7 of the Civil Code.
(2)Documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member means any of the following:
(A)A temporary restraining order, emergency protective order, or protective order lawfully issued within the last 180 days 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 or 15657.03 of the Welfare and Institutions Code that protects the tenant, the tenants immediate family member, or the tenants household member from abuse or violence.
(B)A copy of a written report, written within the last 180 days, by a peace officer employed by a state or local law enforcement agency acting in the officers official capacity, stating that the tenant, the tenants immediate family member, or the tenants household member has filed a report alleging that they are a victim of abuse or violence.
(C)(i)Documentation from a qualified third party based on information received by that third party while acting in their professional capacity to indicate that the tenant, the tenants immediate family member, or the tenants household member is seeking assistance for physical or mental injuries or abuse resulting from an act of abuse or violence, which shall contain, in substantially the same form, the following:
Tenant Statement and Qualified Third Party Statement | |
Part I.Statement By Tenant | |
I, [insert name of tenant], state as follows: | |
I, my immediate family member, or a member of my household, have been a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use or threat of force against the victim.] | |
The most recent incident(s) happened on or about: | |
[insert date or dates.] | |
The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide: | |
[if known and safe to provide, insert name(s) and physical description(s).] | |
(signature of tenant)(date) | |
Part II.Qualified Third Party Statement | |
I, [insert name of qualified third party], state as follows: | |
My business address and phone number are: | |
[insert business address and phone number.] | |
Check and complete one of the following: | |
____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. | |
____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. | |
____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. ____I meet the definition of victim of violent crime advocate provided in Section 1946.7 of the Civil Code and I am employed, whether financially compensated or not, by an agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency. | |
____I am licensed by the State of California as a: | |
[insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is: | |
[insert name of state licensing entity and license number.] | |
The person who signed the Statement By Tenant above stated to me that they, a member of their immediate family, or a member of their household is a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use or threat of force against the victim.] | |
The person further stated to me the incident(s) occurred on or about the date(s) stated above. | |
(signature of qualified third party)(date) | |
(ii)The documentation may be signed by a person who meets the requirements for a sexual assault counselor, domestic violence counselor, a human trafficking caseworker, or a victim of violent crime advocate only if the documentation displays the letterhead of the office, hospital, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, this counselor, caseworker, or advocate.
(D)Any other form of documentation or evidence that reasonably verifies that the abuse or violence occurred.
(3)Health practitioner means a physician and surgeon, osteopathic physician and surgeon, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.
(4)Immediate family member has the same meaning as defined in Section 1946.7 of the Civil Code.
(5)Perpetrator of abuse or violence means any of the following:
(A)The person against whom an order described in subparagraph (A) of paragraph (1) of subdivision (a) has been issued.
(B)The person who was named or referred to as causing the abuse or violence in the report described in subparagraph (B) of paragraph (1) of subdivision (a).
(C)The person who was named or referred to as causing the abuse or violence in the documentation described in subparagraph (C) of paragraph (1) of subdivision (a).
(D)The person who was named or referred to as causing the abuse or violence in the documentation described in subparagraph (D) of paragraph (1) of subdivision (a).
(6)Qualified third party means a health practitioner, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, a human trafficking caseworker, as defined in Section 1038.2 of the Evidence Code, or a victim of violent crime advocate.
(7)Tenant means tenant, subtenant, lessee, or sublessee.
(8)Tenant in residence means a tenant who is currently residing in the unit and has full physical and legal access to the unit.
(9)Victim of violent crime advocate has the same meaning as defined in Section 1946.7 of the Civil Code.
(b)(1)A landlord shall not terminate a tenancy or fail to renew a tenancy based upon an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member if the landlord has received documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member.
(2)Notwithstanding paragraph (1), a landlord may terminate a tenancy or fail to renew a tenancy based upon an act against a tenant, a tenants immediate family member, or a tenants household member that constitutes abuse or violence even after receiving documentation of abuse or violence against the tenant, the tenants immediate family member, or the tenants household member if either of the following apply:
(A)The perpetrator of abuse or violence is a tenant in residence of the same dwelling unit as the tenant, the tenants immediate family member, or household member.
(B)Both of the following apply:
(i)The perpetrator of abuse or violences words or actions have threatened the physical safety of other tenants, guests, invitees, or licensees.
(ii)After expiration of a three-day notice requiring the tenant not to voluntarily permit or consent to the presence of the perpetrator of abuse or violence on the premises, the tenant continues to do so.
(c)Notwithstanding any provision in a lease to the contrary, a landlord shall not be liable to any other tenants for any action that arises due to the landlords compliance with this section.
(d)A defendant may raise subdivision (b) as an affirmative defense to a cause of action for unlawful detainer that is based upon an act against a tenant, a tenants immediate family member, or a tenants household member that constitutes abuse or violence as follows:
(1)If the perpetrator of the abuse or violence is not a tenant in residence of the same dwelling unit as the tenant, the tenants immediate family member, or household member, then the defendant shall have a complete defense as to that cause of action, unless each clause of subparagraph (B) of paragraph (2) of subdivision (b) applies.
(2)If the perpetrator of the abuse or violence is a tenant in residence of the same dwelling unit as the tenant, the tenants immediate family member, or household member, the court shall proceed in accordance with Section 1174.27.
(3)It is immaterial to the affirmative defense pursuant to this subdivision whether the tenant provides the documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member to the landlord or to the court.(e)(1)A landlord shall not disclose any information provided by a tenant under this section to a third party unless either of the following is true:
(A)The tenant has consented in writing to the disclosure.
(B)The disclosure is required by law or court order.
(2)A landlords communication with the qualified third party who provides documentation in order to verify the contents of that documentation is not a disclosure for purposes of this subdivision.
(f)The Judicial Council shall review its forms that may be used by a party to assert in the responsive pleading the grounds set forth in this section as an affirmative defense to an unlawful detainer action and, by January 1, 2024, make any changes to those forms that the Judicial Council deems necessary to conform them to this section.
SEC. 3.Section 1174.27 is added to the Code of Civil Procedure, to read:1174.27.(a)This section shall apply to an unlawful detainer proceeding in which all of the following are true:
(1)The proceeding involves a residential premises.
(2)The complaint includes a cause of action based on an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member.
(3)A defendant has invoked paragraph (2) of subdivision (d) of Section 1161.3 as an affirmative defense to the cause of action described in paragraph (2).
(b)For the purposes of this section, the definitions in subdivision (a) of Section 1161.3 apply.
(c)The court shall determine whether there is documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member. The tenant may request that the court examine any documentation or evidence proffered for this purpose in camera.
(d)If the court determines there is not documentation evidencing abuse or violence against the tenant, the court shall deny the affirmative defense.
(e)If the court determines that there is documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member, and the court does not find the defendant raising the affirmative defense guilty of an unlawful detainer on any other grounds, the court shall order all of the following:
(1)The defendant raising the affirmative defense shall not be named in any judgment in favor of the landlord.
(2)The defendant raising the affirmative defense shall not be held liable to the landlord for any amount related to the unlawful detainer, including, but not limited to, holdover damages, court costs, lease termination fees, or attorneys fees.
(3)Upon a showing of good cause that any other defendant was the perpetrator of the violence or abuse on which the affirmative defense was based, the court shall issue a partial eviction ordering the removal of the perpetrator of violence or abuse. The court shall order the perpetrator of violence or abuse to be immediately removed and barred from the property, but the court shall not order the tenancy to be terminated. The court shall order the landlord to change the locks and to provide the remaining occupants with the new key. The court may, in addition, permanently bar the defendant who was the perpetrator of the violence or abuse on which the affirmative defense was based from returning to or reentering any portion of the entire premises. The court may further order as an express condition of the tenancy that the remaining occupants shall not give permission to or invite any person who has been removed pursuant to this subdivision to return to or reenter any portion of the entire premises. In exercising its discretion under this subdivision, the court shall take into account custody or visitation orders or arrangements and any other factors that may necessitate the temporary reentry of any person ordered removed from the premises.
(f)The Judicial Council shall develop a judgment form for use in a ruling pursuant to subdivision (e).
(a)A tenant may notify the landlord that the tenant intends to terminate the tenancy if the tenant, a household member, or an immediate family member was the victim of an act that constitutes any of the following:
(1)Domestic violence as defined in Section 6211 of the Family Code.
(2)Sexual assault as defined in Section 261, 261.5, 286, 287, or 289 of the Penal Code.
(3)Stalking as defined in Section 1708.7.
(4)Human trafficking as defined in Section 236.1 of the Penal Code.
(5)Abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code.
(6)A crime that caused bodily injury or death.
(7)A crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument.
(8)A crime that included the use of force against the victim or a threat of force against the victim.
(b)A notice to terminate a tenancy under this section shall be in writing, with one of the following attached to the notice:
(1)A copy of a temporary restraining order, emergency protective order, or protective order lawfully issued pursuant to Part 3 (commencing with Section 6240) or Part 4 (commencing with Section 6300) of Division 10 of the Family Code, Section 136.2 of the Penal Code, Section 527.6 of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare and Institutions Code that protects the tenant, household member, or immediate family member from further domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or any act or crime listed in subdivision (a).
(2)A copy of a written report by a peace officer employed by a state or local law enforcement agency acting in the peace officers official capacity stating that the tenant, household member, or immediate family member has filed a report alleging that the tenant, the household member, or the immediate family member is a victim of an act or crime listed in subdivision (a).
(3)(A)Documentation from a qualified third party based on information received by that third party while acting in the third partys professional capacity to indicate that the tenant, household member, or immediate family member is seeking assistance for physical or mental injuries or abuse resulting from an act or crime listed in subdivision (a).
(B)The documentation shall contain, in substantially the same form, the following:
Tenant Statement and Qualified Third Party Statement | |
Part I.Statement By Tenant | |
I, [insert name of tenant], state as follows: | |
I, or a member of my household or immediate family, have been a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, or a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use of force against the victim or a threat of force against the victim.] | |
The most recent incident(s) happened on or about: | |
[insert date or dates.] | |
The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide: | |
[if known and safe to provide, insert name(s) and physical description(s).] | |
(signature of tenant)(date) | |
Part II.Qualified Third Party Statement | |
I, [insert name of qualified third party], state as follows: | |
My business address and phone number are: | |
[insert business address and phone number.] | |
Check and complete one of the following: | |
____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. | |
____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. | |
____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. | |
____I meet the definition of victim of violent crime advocate provided in Section 1947.6 of the Civil Code and I am employed, whether financially compensated or not, by a reputable an agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency. | |
____I am licensed by the State of California as a: | |
[insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is: | |
[insert name of state licensing entity and license number.] | |
The person who signed the Statement By Tenant above stated to me that the person, or a member of the persons household or immediate family, is a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, or a crime that caused physical injury, emotional injury and the threat of physical injury, or death.] | |
The person further stated to me the incident(s) occurred on or about the date(s) stated above. | |
I understand that the person who made the Statement By Tenant may use this document as a basis for terminating a lease with the persons landlord. | |
(signature of qualified third party)(date) | |
(C)The documentation may be signed by a person who meets the requirements for a sexual assault counselor, domestic violence counselor, a human trafficking caseworker, or a victim of violent crime advocate only if the documentation displays the letterhead of the office, hospital, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, this counselor, caseworker, or advocate.
(4)Any other form of documentation that reasonably verifies that the crime or act listed in subdivision (a) occurred.
(c)If the tenant is terminating tenancy pursuant to subdivision (a) because an immediate family member is a victim of an eligible act or crime listed in subdivision (a) and that tenant did not live in the same household as the immediate family member at the time of the act or crime, and no part of the act or crime occurred within the dwelling unit or within 1,000 feet of the dwelling unit of the tenant, the tenant shall attach to the notice and other documentation required by subdivision (b) a written statement stating all of the following:
(1)The tenants immediate family member was a victim of an act or crime listed in subdivision (a).
(2)The tenant intends to relocate as a result of the tenants immediate family member being a victim of an act or crime listed in subdivision (a).
(3)The tenant is relocating to increase the safety, physical well-being, emotional well-being, psychological well-being, or financial security of the tenant or of the tenants immediate family member as a result of the act or crime.
(d)The notice to terminate the tenancy shall be given within 180 days of the date that any order described in paragraph (1) of subdivision (b) was issued, within 180 days of the date that any written report described in paragraph (2) of subdivision (b) was made, within 180 days of the date that an act or a crime described in subdivision (a) occurred, or within the time period described in Section 1946.
(e)If notice to terminate the tenancy is provided to the landlord under this section, the tenant shall be responsible for payment of rent for no more than 14 calendar days following the giving of the notice, or for any shorter appropriate period as described in Section 1946 or the lease or rental agreement. The tenant shall be released without penalty from any further rent or other payment obligation to the landlord under the lease or rental agreement without penalty. agreement. If the premises are relet to another party prior to the end of the obligation to pay rent, the rent owed under this subdivision shall be prorated.
(f)Notwithstanding any law, a landlord shall not not, due to the termination, require a tenant who terminates a lease or rental agreement pursuant to this section to forfeit any security deposit money or advance rent paid due to that termination. paid. A tenant who terminates a rental agreement pursuant to this section shall not be considered for any purpose, by reason of the termination, to have breached the lease or rental agreement. Existing In all other respects, the law governing the security deposit shall apply.
(g)This section does not relieve a tenant, other than the tenant who is, or who has a household member or immediate family member who is, a victim of an act or crime listed in subdivision (a) and members of that tenants household, from their obligations under the lease or rental agreement.
(h)For purposes of this section, the following definitions apply:
(1)Household member means a member of the tenants family who lives in the same household residential unit as the tenant.
(2)Health practitioner means a physician and surgeon, osteopathic physician and surgeon, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or a victim of violent crime advocate.
(3)Immediate family member means the parent, stepparent, spouse, child, child-in-law, stepchild, or sibling of the tenant, or any person living in the tenants household at the time the crime or act listed in subdivision (a) occurred who has a relationship with the tenant that is substantially similar to that of a family member.
(4)Qualified third party means a health practitioner, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, or a human trafficking caseworker, as defined in Section 1038.2 of the Evidence Code.
(5)Victim of violent crime advocate means a person who is employed, whether financially compensated or not, for the purpose of rendering advice or assistance to victims of violent crimes for a reputable an agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency.
(i)(1)A landlord shall not disclose any information provided by a tenant under this section to a third party unless the disclosure satisfies any one or more of the following:
(A)The tenant consents in writing to the disclosure.
(B)The disclosure is required by law or order of the court.
(2)A landlords communication to a qualified third party who provides documentation under paragraph (3) of subdivision (b) to verify the contents of that documentation is not disclosure for purposes of this subdivision.
(j)An owner or an owners agent shall not refuse to rent a dwelling unit to an otherwise qualified prospective tenant or refuse to continue to rent to an existing tenant solely on the basis that the tenant has previously exercised the tenants rights under this section or has previously terminated a tenancy because of the circumstances described in subdivision (a).
(k)A landlord or agent of a landlord who violates this section shall be liable to the tenant in a civil action for both of the following:
(1)The actual damages sustained by the tenant.
(2)Punitive damages (A)A civil penalty of not less than one hundred dollars ($100) and not more than ten five thousand dollars ($10,000). ($5,000).
(B)Notwithstanding subparagraph (A), a landlord or agent of a landlord who violates this section shall not be liable for civil penalties if the tenant provided documentation of the crime or act to the landlord or the agent of the landlord pursuant to paragraph (4) of subdivision (b) only.
(l)The remedies provided by this section shall be in addition to any other remedy provided by law.
SEC. 2.Section 1161.3 of the Code of Civil Procedure is amended to read:1161.3.(a)Except as provided in subdivision (b), a landlord shall not terminate a tenancy or fail to renew a tenancy based upon an act against a tenant, a tenants immediate family member, or a tenants household member that constitutes abuse or violence if both of the following apply: For purposes of this section:
(1)The act of abuse or violence has been documented by one of the following: Abuse or violence means domestic violence as defined in Section 6211 of the Family Code, sexual assault as defined in Section 1219, stalking as defined in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code, human trafficking as defined in Section 236.1 of the Penal Code, abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code, or any act described in paragraphs (6) to (8), inclusive, of subdivision (a) of Section 1946.7 of the Civil Code.
(2)Documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member means any of the following:
(A)A temporary restraining order, emergency protective order, or protective order lawfully issued within the last 180 days 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 or 15657.03 of the Welfare and Institutions Code that protects the tenant, the tenants immediate family member, or the tenants household member from abuse or violence.
(B)A copy of a written report, written within the last 180 days, by a peace officer employed by a state or local law enforcement agency acting in the officers official capacity, stating that the tenant, the tenants immediate family member, or the tenants household member has filed a report alleging that they are a victim of abuse or violence.
(C)(i)Documentation from a qualified third party based on information received by that third party while acting in their professional capacity to indicate that the tenant, the tenants immediate family member, or the tenants household member is seeking assistance for physical or mental injuries or abuse resulting from an act of abuse or violence, which shall contain, in substantially the same form, the following:
Tenant Statement and Qualified Third Party Statement | |
Part I.Statement By Tenant | |
I, [insert name of tenant], state as follows: | |
I, my immediate family member, or a member of my household, have been a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use or threat of force against the victim.] | |
The most recent incident(s) happened on or about: | |
[insert date or dates.] | |
The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide: | |
[if known and safe to provide, insert name(s) and physical description(s).] | |
(signature of tenant)(date) | |
Part II.Qualified Third Party Statement | |
I, [insert name of qualified third party], state as follows: | |
My business address and phone number are: | |
[insert business address and phone number.] | |
Check and complete one of the following: | |
____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. | |
____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. | |
____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. ____I meet the definition of victim of violent crime advocate provided in Section 1946.7 of the Civil Code and I am employed, whether financially compensated or not, by a reputable an agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency. | |
____I am licensed by the State of California as a: | |
[insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is: | |
[insert name of state licensing entity and license number.] | |
The person who signed the Statement By Tenant above stated to me that they, a member of their immediate family, or a member of their household is a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use or threat of force against the victim.] | |
The person further stated to me the incident(s) occurred on or about the date(s) stated above. | |
(signature of qualified third party)(date) | |
(ii)The documentation may be signed by a person who meets the requirements for a sexual assault counselor, domestic violence counselor, a human trafficking caseworker, or a victim of violent crime advocate only if the documentation displays the letterhead of the office, hospital, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, this counselor, caseworker, or advocate.
(D)Any other form of documentation or evidence that a court determines reasonably verifies that the abuse or violence occurred. The tenant may request that the court examine the documentation or evidence provided in this subparagraph in camera.
(2)The perpetrator of abuse or violence is not a tenant in residence of the same dwelling unit as the tenant, the tenants immediate family member, or household member.(b)A landlord may terminate or decline to renew a tenancy after the tenant has availed themselves of the protections afforded by subdivision (a) if both of the following apply:(1)The tenant voluntarily permits or consents to the presence of the perpetrator of abuse or violence on the premises and the perpetrator has threatened to commit a crime that would result in death or great bodily injury to a person on the premises other than the tenant and that, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened a gravity of purpose and an immediate prospect of execution of the threat that causes that person reasonably to be in sustained fear for their own safety or for their immediate familys safety.(2)The landlord gave at least three days notice to the tenant to correct a violation of paragraph (1) in the last 90 days.(c)Notwithstanding any provision in the lease to the contrary, the landlord shall not be liable to any other tenants for any action that arises due to the landlords compliance with this section.(d)(1)A landlord shall not disclose any information provided by a tenant under this section to a third party unless either of the following is true:(A)The tenant has consented in writing to the disclosure.(B)The disclosure is required by law or court order.(2)A landlords communication with the qualified third party who provides documentation in order to verify the contents of that documentation is not a disclosure for purposes of this subdivision.(3)In an action involving a claim for damages arising from an alleged violation of this subdivision, the court shall award reasonable attorneys fees and costs to the prevailing party.(e)The court shall make findings of whether a tenant is guilty of unlawful detainer because of an act of abuse or violence against them, their immediate family member, or their household member if both the following apply:(1)A tenant claims that the landlord sought to terminate the tenancy based on an act of abuse against themselves, their immediate family member, or their household member by another tenant in residence.(2)The act of abuse or violence have been documented as required under paragraph (1) of subdivision (a).(f)If the court finds a tenant is guilty of unlawful detainer because of an act of abuse or violence against them, their immediate family member, or their household member by another tenant under subdivision (e), then all of the following apply to that tenant:(1)The tenant shall not be named in the unlawful detainer judgment.(2)The tenant shall not owe the landlord any fees related to the unlawful detainer action, including, but not limited to, attorneys fees, lease termination fees, or court costs.(3)The tenant shall regain possession of the premises immediately after possession is returned to the landlord with a lease that has the same lease terms as their previous lease.(g)For the purposes of this section:(1)Tenant means tenant, subtenant, lessee, or sublessee.(2)Health practitioner means a physician and surgeon, osteopathic physician and surgeon, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.(3)Qualified third party means a health practitioner, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, a human trafficking caseworker, as defined in Section 1038.2 of the Evidence Code, or a victim of violent crime advocate.(3)Health practitioner means a physician and surgeon, osteopathic physician and surgeon, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.
(4)Victim of violent crime advocate Immediate family member has the same meaning as defined in Section 1946.7 of the Civil Code.
(5)Abuse or violence means domestic violence as defined in Section 6211 of the Family Code, sexual assault as defined in Section 1219, stalking as defined in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code, human trafficking as defined in Section 236.1 of the Penal Code, abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code, or any act described in paragraphs (6) to (8), inclusive, of subdivision (a) of Section 1946.7 of the Civil Code.(6)(5)Perpetrator of abuse or violence means any of the following:
(A)The person against whom an order described in subparagraph (A) of paragraph (1) of subdivision (a) has been issued.
(B)The person who was named or referred to as causing the abuse or violence in the report described in subparagraph (B) of paragraph (1) of subdivision (a).
(C)The person who was named or referred to as causing the abuse or violence in the documentation described in subparagraph (C) of paragraph (1) of subdivision (a).
(D)The person who was named or referred to as causing the abuse or violence in the documentation described in subparagraph (D) of paragraph (1) of subdivision (a).
(6)Qualified third party means a health practitioner, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, a human trafficking caseworker, as defined in Section 1038.2 of the Evidence Code, or a victim of violent crime advocate.
(7)Tenant means tenant, subtenant, lessee, or sublessee.
(7)(8)Tenant in residence means a tenant who is currently residing in the unit and has full physical and legal access to the unit.
(8)Immediate family member(9)Victim of violent crime advocate has the same meaning as defined in Section 1946.7 of the Civil Code.
(h)A landlord or agent of a landlord who violates subdivision (d) or (e) shall be liable to the tenant in a civil action for both of the following:(1)The actual damages sustained by the tenant.(2)Punitive damages not less than one hundred dollars ($100) and not more than ten thousand dollars ($10,000).(i)In an action brought for damages for a violation of paragraph (3) of subdivision (f), the court shall award reasonable attorneys fees to the prevailing party if either party requests attorneys fees upon the initiation of the action.(j)The Judicial Council shall, on or before January 1, 2024, develop a new form or revise an existing form that may be used by a party to assert in the responsive pleading the grounds set forth in this section as an affirmative defense to an unlawful detainer action.(b)(1)A landlord shall not terminate a tenancy or fail to renew a tenancy based upon an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member if the landlord has received documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member.
(2)Notwithstanding paragraph (1), a landlord may terminate a tenancy or fail to renew a tenancy based upon an act against a tenant, a tenants immediate family member, or a tenants household member that constitutes abuse or violence even after receiving documentation of abuse or violence against the tenant, the tenants immediate family member, or the tenants household member if either of the following apply:
(A)The perpetrator of abuse or violence is a tenant in residence of the same dwelling unit as the tenant, the tenants immediate family member, or household member.
(B)Both of the following apply:
(i)The perpetrator of abuse or violences words or actions have threatened the physical safety of other tenants, guests, invitees, or licensees.
(ii)After expiration of a three-day notice requiring the tenant not to voluntarily permit or consent to the presence of the perpetrator of abuse or violence on the premises, the tenant continues to do so.
(c)Notwithstanding any provision in a lease to the contrary, a landlord shall not be liable to any other tenants for any action that arises due to the landlords compliance with this section.
(d)A defendant may raise subdivision (b) as an affirmative defense to a cause of action for unlawful detainer that is based upon an act against a tenant, a tenants immediate family member, or a tenants household member that constitutes abuse or violence as follows:
(1)If the perpetrator of the abuse or violence is not a tenant in residence of the same dwelling unit as the tenant, the tenants immediate family member, or household member, then the defendant shall have a complete defense as to that cause of action, unless each clause of subparagraph (B) of paragraph (2) of subdivision (b) applies.
(2)If the perpetrator of the abuse or violence is a tenant in residence of the same dwelling unit as the tenant, the tenants immediate family member, or household member, the court shall proceed in accordance with Section 1174.27.
(3)It is immaterial to the affirmative defense pursuant to this subdivision whether the tenant provides the documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member to the landlord or to the court.
(e)(1)A landlord shall not disclose any information provided by a tenant under this section to a third party unless either of the following is true:
(A)The tenant has consented in writing to the disclosure.
(B)The disclosure is required by law or court order.
(2)A landlords communication with the qualified third party who provides documentation in order to verify the contents of that documentation is not a disclosure for purposes of this subdivision.
(f)The Judicial Council shall review its forms that may be used by a party to assert in the responsive pleading the grounds set forth in this section as an affirmative defense to an unlawful detainer action and, by January 1, 2024, make any changes to those forms that the Judicial Council deems necessary to conform them to this section.
SEC. 3.Section 1174.27 is added to the Code of Civil Procedure, to read:1174.27.(a)This section shall apply to an unlawful detainer proceeding in which all of the following are true:
(1)The proceeding involves a residential premises.
(2)The complaint includes a cause of action based on an act of abuse or violence against a tenant, a tenants immediate family member, or a tenants household member.
(3)A defendant has invoked paragraph (2) of subdivision (d) of Section 1161.3 as an affirmative defense to the cause of action described in paragraph (2).
(b)For the purposes of this section, the definitions in subdivision (a) of Section 1161.3 apply.
(c)The court shall determine whether there is documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member. The tenant may request that the court examine any documentation or evidence proffered for this purpose in camera.
(d)If the court determines there is not documentation evidencing abuse or violence against the tenant, the court shall deny the affirmative defense.
(e)If the court determines that there is documentation evidencing abuse or violence against the tenant, the tenants immediate family member, or the tenants household member, and the court does not find the defendant raising the affirmative defense guilty of an unlawful detainer on any other grounds, the court shall order all of the following:
(1)The defendant raising the affirmative defense shall not be named in any judgment in favor of the landlord.
(2)The defendant raising the affirmative defense shall not be held liable to the landlord for any amount related to the unlawful detainer, including, but not limited to, holdover damages, court costs, lease termination fees, or attorneys fees.
(3)Upon a showing of good cause that any other defendant was the perpetrator of the violence or abuse on which the affirmative defense was based, the court shall issue a partial eviction ordering the removal of the perpetrator of violence or abuse. The court shall order the perpetrator of violence or abuse to be immediately removed and barred from the property, but the court shall not order the tenancy to be terminated. The court shall order the landlord to change the locks and to provide the remaining occupants with the new key. The court may, in addition, permanently bar the defendant who was the perpetrator of the violence or abuse on which the affirmative defense was based from returning to or reentering any portion of the entire premises. The court may further order as an express condition of the tenancy that the remaining occupants shall not give permission to or invite any person who has been removed pursuant to this subdivision to return to or reenter any portion of the entire premises. In exercising its discretion under this subdivision, the court shall take into account custody or visitation orders or arrangements and any other factors that may necessitate the temporary reentry of any person ordered removed from the premises.
(f)The Judicial Council shall develop a judgment form for use in a ruling pursuant to subdivision (e).
(a)A tenant may notify the landlord that the tenant intends to terminate the tenancy if the tenant, a household member, or an immediate family member was the victim of an act that constitutes any of the following:
(1)Domestic violence as defined in Section 6211 of the Family Code.
(2)Sexual assault as defined in Section 261, 261.5, 286, 287, or 289 of the Penal Code.
(3)Stalking as defined in Section 1708.7.
(4)Human trafficking as defined in Section 236.1 of the Penal Code.
(5)Abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code.
(6)A crime that caused bodily injury or death.
(7)A crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument.
(8)A crime that included the use of force against the victim or a threat of force against the victim.
(b)A notice to terminate a tenancy under this section shall be in writing, with one of the following attached to the notice:
(1)A copy of a temporary restraining order, emergency protective order, or protective order lawfully issued pursuant to Part 3 (commencing with Section 6240) or Part 4 (commencing with Section 6300) of Division 10 of the Family Code, Section 136.2 of the Penal Code, Section 527.6 of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare and Institutions Code that protects the tenant, household member, or immediate family member from further domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or any act or crime listed in subdivision (a).
(2)A copy of a written report by a peace officer employed by a state or local law enforcement agency acting in the peace officers official capacity stating that the tenant, household member, or immediate family member has filed a report alleging that the tenant, the household member, or the immediate family member is a victim of an act or crime listed in subdivision (a).
(3)(A)Documentation from a qualified third party based on information received by that third party while acting in the third partys professional capacity to indicate that the tenant, household member, or immediate family member is seeking assistance for physical or mental injuries or abuse resulting from an act or crime listed in subdivision (a).
(B)The documentation shall contain, in substantially the same form, the following:
Tenant Statement and Qualified Third Party Statement | |
Part I.Statement By Tenant | |
I, [insert name of tenant], state as follows: | |
I, or a member of my household or immediate family, have been a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, or a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use of force against the victim or a threat of force against the victim.] | |
The most recent incident(s) happened on or about: | |
[insert date or dates.] | |
The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide: | |
[if known and safe to provide, insert name(s) and physical description(s).] | |
(signature of tenant)(date) | |
Part II.Qualified Third Party Statement | |
I, [insert name of qualified third party], state as follows: | |
My business address and phone number are: | |
[insert business address and phone number.] | |
Check and complete one of the following: | |
____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. | |
____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. | |
____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. | |
____I meet the definition of victim of violent crime advocate provided in Section 1947.6 of the Civil Code and I am employed, whether financially compensated or not, by a reputable agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency. | |
____I am licensed by the State of California as a: | |
[insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is: | |
[insert name of state licensing entity and license number.] | |
The person who signed the Statement By Tenant above stated to me that the person, or a member of the persons household or immediate family, is a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, or a crime that caused physical injury, emotional injury and the threat of physical injury, or death.] | |
The person further stated to me the incident(s) occurred on or about the date(s) stated above. | |
I understand that the person who made the Statement By Tenant may use this document as a basis for terminating a lease with the persons landlord. | |
(signature of qualified third party)(date) | |
(C)The documentation may be signed by a person who meets the requirements for a sexual assault counselor, domestic violence counselor, a human trafficking caseworker, or a victim of violent crime advocate only if the documentation displays the letterhead of the office, hospital, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, this counselor, caseworker, or advocate.
(4)Any other form of documentation that reasonably verifies that the crime or act listed in subdivision (a) occurred.
(c)If the tenant is terminating tenancy pursuant to subdivision (a) because an immediate family member is a victim of an eligible act or crime listed in subdivision (a) and that tenant did not live in the same household as the immediate family member at the time of the act or crime, and no part of the act or crime occurred within the dwelling unit or within 1,000 feet of the dwelling unit of the tenant, the tenant shall attach to the notice and other documentation required by subdivision (b) a written statement stating all of the following:
(1)The tenants immediate family member was a victim of an act or crime listed in subdivision (a).
(2)The tenant intends to relocate as a result of the tenants immediate family member being a victim of an act or crime listed in subdivision (a).
(3)The tenant is relocating to increase the safety, physical well-being, emotional well-being, psychological well-being, or financial security of the tenant or of the tenants immediate family member as a result of the act or crime.
(d)The notice to terminate the tenancy shall be given within 180 days of the date that any order described in paragraph (1) of subdivision (b) was issued, within 180 days of the date that any written report described in paragraph (2) of subdivision (b) was made, within 180 days of the date that an act or a crime described in paragraph (6), (7), or (8) of subdivision (a) occurred, or within the time period described in Section 1946.
(e)If notice to terminate the tenancy is provided to the landlord under this section, the tenant shall be responsible for payment of rent for no more than 14 calendar days following the giving of the notice, or for any shorter appropriate period as described in Section 1946 or the lease or rental agreement. The tenant shall be released from any rent payment obligation under the lease or rental agreement without penalty. If the premises are relet to another party prior to the end of the obligation to pay rent, the rent owed under this subdivision shall be prorated.
(f)Notwithstanding any law, a landlord shall not require a tenant who terminates a lease or rental agreement pursuant to this section to forfeit any security deposit money or advance rent paid due to that termination. A tenant who terminates a rental agreement pursuant to this section shall not be considered for any purpose, by reason of the termination, to have breached the lease or rental agreement. Existing law governing the security deposit shall apply.
(g)This section does not relieve a tenant, other than the tenant who is, or who has a household member or immediate family member who is, a victim of an act or crime listed in subdivision (a) and members of that tenants household, from their obligations under the lease or rental agreement.
(h)For purposes of this section, the following definitions apply:
(1)Household member means a member of the tenants family who lives in the same household as the tenant.
(2)Health practitioner means a physician and surgeon, osteopathic physician and surgeon, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor. counselor, or a victim of violent crime advocate.
(3)Immediate family member means the parent, stepparent, spouse, child, child-in-law, stepchild, or sibling of the tenant, or any person living in the tenants household at the time the crime or act listed in subdivision (a) occurred who has a relationship with the tenant that is substantially similar to that of a family member.
(4)Qualified third party means a health practitioner, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, or a human trafficking caseworker, as defined in Section 1038.2 of the Evidence Code.
(5)Victim of violent crime advocate means a person who is employed, whether financially compensated or not, for the purpose of rendering advice or assistance to victims of violent crimes for a reputable agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency.
(i)(1)A landlord shall not disclose any information provided by a tenant under this section to a third party unless the disclosure satisfies any one of the following:
(A)The tenant consents in writing to the disclosure.
(B)The disclosure is required by law or order of the court.
(2)A landlords communication to a qualified third party who provides documentation under paragraph (3) of subdivision (b) to verify the contents of that documentation is not disclosure for purposes of this subdivision.
(j)An owner or an owners agent shall not refuse to rent a dwelling unit to an otherwise qualified prospective tenant or refuse to continue to rent to an existing tenant solely on the basis that the tenant has previously exercised the tenants rights under this section or has previously terminated a tenancy because of the circumstances described in subdivision (a).
(k)A landlord or agent of a landlord who violates this section shall be liable to the tenant in a civil action for both of the following:
(1)The actual damages sustained by the tenant.
(2)Punitive damages not less than one hundred dollars ($100) and not more than ten thousand dollars ($10,000).
(l)The remedies provided by this section shall be in addition to any other remedy provided by law.
SEC. 2.Section 1161.3 of the Code of Civil Procedure is amended to read:1161.3.(a)Except as provided in subdivision (b), a landlord shall not terminate a tenancy or fail to renew a tenancy based upon an act or acts against a tenant tenant, a tenants immediate family member, or a tenants household member that constitute domestic violence as defined in Section 6211 of the Family Code, sexual assault as defined in Section 1219, stalking as defined in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code, human trafficking as defined in Section 236.1 of the Penal Code, or abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code, constitutes abuse or violence if both of the following apply:
(1)The act or acts of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult have abuse or violence has been documented by one of the following:
(A)A temporary restraining order, emergency protective order, or protective order lawfully issued within the last 180 days 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 or 15657.03 of the Welfare and Institutions Code that protects the tenant tenant, the tenants immediate family member, or the tenants household member from domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult. abuse or violence.
(B)A copy of a written report, written within the last 180 days, by a peace officer employed by a state or local law enforcement agency acting in his or her the officers official capacity, stating that the tenant tenant, the tenants immediate family member, or the tenants household member has filed a report alleging that he or she or the household member is they are a victim of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult. abuse or violence.
(C)Documentation (i)Documentation from a qualified third party based on information received by that third party while acting in his or her their professional capacity to indicate that the tenant tenant, the tenants immediate family member, or the tenants household member is seeking assistance for physical or mental injuries or abuse resulting from an act of domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse.
(D)The documentation abuse or violence, which shall contain, in substantially the same form, the following:
Tenant Statement and Qualified Third Party Statement | |
Part I.Statement By Tenant | |
I, [insert name of tenant], state as follows: | |
I, my immediate family member, or a member of my household, have been a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse.] abuse, a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use or threat of force against the victim.] | |
The most recent incident(s) happened on or about: | |
[insert date or dates.] | |
The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide: | |
[if known and safe to provide, insert name(s) and physical description(s).] | |
(signature of tenant)(date) | |
Part II.Qualified Third Party Statement | |
I, [insert name of qualified third party], state as follows: | |
My business address and phone number are: | |
[insert business address and phone number.] | |
Check and complete one of the following: | |
____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. | |
____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. | |
____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. ____I meet the definition of victim of violent crime advocate provided in Section 1946.7 of the Civil Code and I am employed, whether financially compensated or not, by a reputable agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency. | |
____I am licensed by the State of California as a: | |
[insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is: | |
[insert name of state licensing entity and license number.] | |
The person who signed the Statement By Tenant above stated to me that he or she, they, a member of their immediate family, or a member of his or her household, their household is a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse.] abuse, a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use or threat of force against the victim.] | |
The person further stated to me the incident(s) occurred on or about the date(s) stated above. | |
(signature of qualified third party)(date) | |
(ii)The documentation may be signed by a person who meets the requirements for a sexual assault counselor, domestic violence counselor, or a human trafficking caseworker caseworker, or a victim of violent crime advocate only if the documentation displays the letterhead of the office, hospital, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, this counselor or caseworker. counselor, caseworker, or advocate.
(D)Any other form of documentation or evidence that a court determines reasonably verifies that the abuse or violence occurred. The tenant may request that the court examine the documentation or evidence provided in this subparagraph in camera.
(2)The person against whom the protection order has been issued or who was named in the police report or Tenant Statement and Qualified Third Party Statement regarding the act or acts of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or dependent adult perpetrator of abuse or violence is not a tenant in residence of the same dwelling unit as the tenant tenant, the tenants immediate family member, or household member.
(b)A landlord may terminate or decline to renew a tenancy after the tenant has availed himself or herself themselves of the protections afforded by subdivision (a) if both of the following apply:
(1)Either of the following: The tenant voluntarily permits or consents to the presence of the perpetrator of abuse or violence on the premises and the perpetrator has threatened to commit a crime that would result in death or great bodily injury to a person on the premises other than the tenant and that, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened a gravity of purpose and an immediate prospect of execution of the threat that causes that person reasonably to be in sustained fear for their own safety or for their immediate familys safety.
(A)The tenant allows the person against whom the protection order has been issued or who was named in the police report or Tenant Statement and Qualified Third Party Statement regarding the act or acts of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult to visit the property.(B)The landlord reasonably believes that the presence of the person against whom the protection order has been issued or who was named in the police report or Tenant Statement and Qualified Third Party Statement regarding the act or acts of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or dependent adult poses a physical threat to other tenants, guests, invitees, or licensees, or to a tenants right to quiet possession pursuant to Section 1927 of the Civil Code.(2)The landlord previously gave at least three days notice to the tenant to correct a violation of paragraph (1). (1) in the last 90 days.
(c)Notwithstanding any provision in the lease to the contrary, the landlord shall not be liable to any other tenants for any action that arises due to the landlords compliance with this section.
(d)(1)A landlord shall not disclose any information provided by a tenant under this section to a third party unless either of the following are is true:
(A)The tenant has consented in writing to the disclosure.
(B)The disclosure is required by law or court order.
(2)A landlords communication with the qualified third party who provides documentation in order to verify the contents of that documentation is not a disclosure for purposes of this subdivision.
(3)In an action involving a claim for damages arising from an alleged violation of this subdivision, the court shall award reasonable attorneys fees and costs to the prevailing party.
(e)The court shall make findings of whether a tenant is guilty of unlawful detainer because of an act of abuse or violence against them, their immediate family member, or their household member if both the following apply:
(1)A tenant claims that the landlord sought to terminate the tenancy based on an act of abuse against themselves, their immediate family member, or their household member by another tenant in residence.
(2)The act of abuse or violence have been documented as required under paragraph (1) of subdivision (a).
(f)If the court finds a tenant is guilty of unlawful detainer because of an act of abuse or violence against them, their immediate family member, or their household member by another tenant under subdivision (e), then all of the following apply to that tenant:
(1)The tenant shall not be named in the unlawful detainer judgment.
(2)The tenant shall not owe the landlord any fees related to the unlawful detainer action, including, but not limited to, attorneys fees, lease termination fees, or court costs.
(3)The tenant shall regain possession of the premises immediately after possession is returned to the landlord with a lease that has the same lease terms as their previous lease.
(e)(g)For the purposes of this section:
(1)Tenant means tenant, subtenant, lessee, or sublessee.
(2)Health practitioner means a physician and surgeon, osteopathic physician and surgeon, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.
(3)Qualified third party means a health practitioner, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, or a human trafficking caseworker, as defined in Section 1038.2 of the Evidence Code. Code, or a victim of violent crime advocate.
(4)Victim of violent crime advocate has the same meaning as defined in Section 1946.7 of the Civil Code.
(5)Abuse or violence means domestic violence as defined in Section 6211 of the Family Code, sexual assault as defined in Section 1219, stalking as defined in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code, human trafficking as defined in Section 236.1 of the Penal Code, abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code, or any act described in paragraphs (6) to (8), inclusive, of subdivision (a) of Section 1946.7 of the Civil Code.
(6)Perpetrator of abuse or violence means any of the following:
(A)The person against whom an order described in subparagraph (A) of paragraph (1) of subdivision (a) has been issued.
(B)The person who was named or referred to as causing the abuse or violence in the report described in subparagraph (B) of paragraph (1) of subdivision (a).
(C)The person who was named or referred to as causing the abuse or violence in the documentation described in subparagraph (C) of paragraph (1) of subdivision (a).
(D)The person who was named or referred to as causing the abuse or violence in the documentation described in subparagraph (D) of paragraph (1) of subdivision (a).
(7)Tenant in residence means a tenant who is currently residing in the unit and has full physical and legal access to the unit.
(8)Immediate family member has the same meaning as defined in Section 1946.7 of the Civil Code.
(h)A landlord or agent of a landlord who violates subdivision (d) or (e) shall be liable to the tenant in a civil action for both of the following:
(1)The actual damages sustained by the tenant.
(2)Punitive damages not less than one hundred dollars ($100) and not more than ten thousand dollars ($10,000).
(i)In an action brought for damages for a violation of paragraph (3) of subdivision (f), the court shall award reasonable attorneys fees to the prevailing party if either party requests attorneys fees upon the initiation of the action.
(f)(j)The Judicial Council shall, on or before September 1, 2019, January 1, 2024, develop a new form or revise an existing form that may be used by a party to assert in the responsive pleading the grounds set forth in this section as an affirmative defense to an unlawful detainer action.
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Date
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Status
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|---|---|
| Sep 27, 2022 | Chaptered by Secretary of State. Chapter 558, Statutes of 2022. |
| Sep 27, 2022 | Approved by the Governor. |
| Aug 30, 2022 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 24, 2022 | Assembly amendments concurred in. (Ayes 31. Noes 9. Page 5082.) Ordered to engrossing and enrolling. |
| Aug 22, 2022 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 22, 2022 | Read third time. Passed. (Ayes 54. Noes 9. Page 5994.) Ordered to the Senate. |
| Jun 23, 2022 | Read second time. Ordered to third reading. |
| Jun 22, 2022 | Read second time and amended. Ordered to second reading. |
| Jun 21, 2022 | From committee: Do pass as amended. (Ayes 7. Noes 1.) (June 21). |
| Jun 16, 2022 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD. |
| Jun 2, 2022 | Referred to Com. on JUD. |
| May 25, 2022 | In Assembly. Read first time. Held at Desk. |
| May 24, 2022 | Read third time. Passed. (Ayes 28. Noes 9. Page 3884.) Ordered to the Assembly. |
| May 23, 2022 | Read second time. Ordered to third reading. |
| May 19, 2022 | From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3779.) (May 19). |
| May 13, 2022 | Set for hearing May 19. |
| May 9, 2022 | May 9 hearing: Placed on APPR suspense file. |
| Apr 29, 2022 | Set for hearing May 9. |
| Apr 21, 2022 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 20, 2022 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1. Page 3436.) (April 19). |
| Apr 7, 2022 | Set for hearing April 19. |
| Mar 25, 2022 | April 5 hearing postponed by committee. |
| Mar 17, 2022 | Set for hearing April 5. |
| Feb 23, 2022 | Referred to Coms. on JUD. and APPR. |
| Feb 15, 2022 | From printer. |
| Feb 14, 2022 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 24, 2022 | Unfinished Business SB1017 Eggman et al. Concurrence | Senate Floor |
Passed |
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| Aug 22, 2022 | SB 1017 Eggman Senate Third Reading By Wilson | Assembly Floor |
Passed |
|
| May 24, 2022 | Senate 3rd Reading SB1017 Eggman et al. | Senate Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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