Existing law requires a landlord to change the locks of a protected tenants dwelling unit upon the protected tenants written request not later than 24 hours after the protected tenant gives the landlord a copy of a court order or police report that restrains a person who is not a tenant of the same dwelling unit as the protected tenant from contact with the protected tenant. Existing law permits the protected tenant to change the locks if the landlord fails to do so within 24 hours, as provided. For these purposes, existing law defines protected tenant as a tenant who has obtained a court order, as defined, or a police report showing that the tenant or the tenants household member is a victim of domestic violence, sexual assault, or stalking, as specified.

This bill would repeal, recast, and revise these provisions to apply when a person is alleged to have committed abuse or violence against an eligible tenant or the immediate family or household member of an eligible tenant, and the person is not a tenant of the same dwelling unit as the eligible tenant. The bill would define eligible tenant for these purposes as either a tenant who is a victim of abuse or violence, as defined, or a tenant whose immediate family member or household member is a victim of abuse or violence. The bill would require a landlord to, at the landlords expense and upon the eligible tenants written request, change the locks of an eligible tenants dwelling unit not later than 24 hours after the eligible tenant gives the landlord specified documentation. The bill would require an eligible tenants written request to include one of the following forms of documentation, of the tenants choosing: (1) a copy of a temporary restraining order, emergency protective order, or protective order, as specified; (2) a copy of a written report by a peace officer; (3) specified documentation from a qualified third party, as defined, showing that the tenant, their household member, or their immediate family member is seeking assistance for physical or mental injuries resulting from an act of abuse or violence; or (4) any other form of documentation that reasonably verifies the abuse or violence, as specified. The bill would require a landlord to reimburse the eligible tenant for expenses the tenant incurred if the eligible tenant changes the locks.

Existing law, if a tenant is restrained under a court order from contact with a protected tenant, as defined, of the same dwelling unit, requires a landlord to change the locks of a protected tenants dwelling unit upon the protected tenants written request not later than 24 hours after the protected tenant gives the landlord a copy of the court order.

This bill would require the landlord to change the locks at their own expense, and additionally require the landlord to reimburse the protected tenant for expenses the tenant incurred in changing the locks if the landlord fails to change the locks within 24 hours of the tenant providing a written request to the landlord. The bill would make other nonsubstantive changes.

This bill would also prohibit a landlord or landlords agent from making an adverse action, as defined, based on, among other things, the prospective tenant having previously requested to have their locks changed due to abuse or violence pursuant to the above-described provisions or the prospective tenant, or an immediate family member or household member of the prospective tenant, having been a victim of abuse or violence. The bill would provide that a landlord or landlords agent who violates this prohibition is liable to the prospective or current tenant in a civil action for actual damages and statutory damages of not less than $100 and not more than $5,000.

Existing law requires a landlord to change the locks of a protected tenants dwelling unit upon the protected tenants written request not later than 24 hours after the protected tenant gives the landlord a copy of a court order or police report that restrains a person who is not a tenant of the same dwelling unit as the protected tenant from contact with the protected tenant. Existing law permits the protected tenant to change the locks if the landlord fails to do so within 24 hours, as provided. For these purposes, existing law defines protected tenant as a tenant who has obtained a court order, as defined, or a police report showing that the tenant or the tenants household member is a victim of domestic violence, sexual assault, or stalking, as specified.

This bill would repeal, recast, and revise these provisions to apply when a person is alleged to have committed abuse or violence against an eligible tenant or the immediate family or household member of an eligible tenant, and the person is not a tenant of the same dwelling unit as the eligible tenant. The bill would define eligible tenant for these purposes as either a tenant who is a victim of abuse or violence, as defined, or a tenant whose immediate family member or household member is a victim of abuse or violence. The bill would require a landlord to, at the landlords expense and upon the eligible tenants written request, change the locks of an eligible tenants dwelling unit not later than 24 hours after the eligible tenant gives the landlord specified documentation. The bill would require an eligible tenants written request to include one of the following forms of documentation, of the tenants choosing: (1) a copy of a temporary restraining order, emergency protective order, or protective order, as specified; (2) a copy of a written report by a peace officer; (3) specified documentation from a qualified third party, as defined, showing that the tenant, their household member, or their immediate family member is seeking assistance for physical or mental injuries resulting from an act of abuse or violence; or (4) any other form of documentation that reasonably verifies the abuse or violence, as specified. The bill would require a landlord to reimburse the eligible tenant for expenses the tenant incurred if the eligible tenant changes the locks.

Existing law, if a tenant is restrained under a court order from contact with a protected tenant, as defined, of the same dwelling unit, requires a landlord to change the locks of a protected tenants dwelling unit upon the protected tenants written request not later than 24 hours after the protected tenant gives the landlord a copy of the court order.

This bill would require the landlord to change the locks at their own expense, and additionally require the landlord to reimburse the protected tenant for expenses the tenant incurred in changing the locks if the landlord fails to change the locks within 24 hours of the tenant providing a written request to the landlord. The bill would make other nonsubstantive changes.

This bill would also prohibit a landlord or landlords agent from making an adverse action, as defined, based on, among other things, the prospective tenant having previously requested to have their locks changed due to abuse or violence pursuant to the above-described provisions or the prospective tenant, or an immediate family member or household member of the prospective tenant, having been a victim of abuse or violence. The bill would provide that a landlord or landlords agent who violates this prohibition is liable to the prospective or current tenant in a civil action for actual damages and statutory damages of not less than $100 and not more than $5,000.

Existing law requires a landlord to change the locks of a protected tenants dwelling unit upon the protected tenants written request not later than 24 hours after the protected tenant gives the landlord a copy of a court order or police report that restrains a person who is not a tenant of the same dwelling unit as the protected tenant from contact with the protected tenant. Existing law permits the protected tenant to change the locks if the landlord fails to do so within 24 hours, as provided. For these purposes, existing law defines protected tenant as a tenant who has obtained a court order, as defined, or a police report showing that the tenant or the tenants household member is a victim of domestic violence, sexual assault, or stalking, as specified.

This bill would repeal, recast, and revise these provisions to apply when a person is alleged to have committed abuse or violence against an eligible tenant or the immediate family or household member of an eligible tenant, and the person is not a tenant of the same dwelling unit as the eligible tenant. The bill would define eligible tenant for these purposes as either a tenant who is a victim of abuse or violence, as defined, or a tenant whose immediate family member or household member is a victim of abuse or violence. The bill would require a landlord to, at the landlords expense and upon the eligible tenants written request, change the locks of an eligible tenants dwelling unit not later than 24 hours after the eligible tenant gives the landlord specified documentation. The bill would require an eligible tenants written request to include one of the following forms of documentation, of the tenants choosing: (1) a copy of a temporary restraining order, emergency protective order, or protective order, as specified; (2) a copy of a written report by a peace officer; (3) specified documentation from a qualified third party, as defined, showing that the tenant, their household member, or their immediate family member is seeking assistance for physical or mental injuries resulting from an act of abuse or violence; or (4) any other form of documentation that reasonably verifies the abuse or violence, as specified. The bill would require a landlord to reimburse the eligible tenant for expenses the tenant incurred if the eligible tenant changes the locks.

Existing law, if a tenant is restrained under a court order from contact with a protected tenant, as defined, of the same dwelling unit, requires a landlord to change the locks of a protected tenants dwelling unit upon the protected tenants written request not later than 24 hours after the protected tenant gives the landlord a copy of the court order.

This bill would require the landlord to change the locks at their own expense, and additionally require the landlord to reimburse the protected tenant for expenses the tenant incurred in changing the locks if the landlord fails to change the locks within 24 hours of the tenant providing a written request to the landlord. The bill would make other nonsubstantive changes.

This bill would also prohibit a landlord or landlords agent from making an adverse action, as defined, based on, among other things, the prospective tenant having previously requested to have their locks changed due to abuse or violence pursuant to the above-described provisions or the prospective tenant, or an immediate family member or household member of the prospective tenant, has been a victim of abuse or violence. The bill would provide that a landlord or landlords agent who violates this prohibition is liable to the prospective or current tenant in a civil action for actual damages and statutory damages of not less than $100 and not more than $5,000.

Existing law requires a landlord to change the locks of a protected tenants dwelling unit upon the protected tenants written request not later than 24 hours after the protected tenant gives the landlord a copy of a court order or police report that restrains a person who is not a tenant of the same dwelling unit as the protected tenant from contact with the protected tenant. Existing law permits the protected tenant to change the locks if the landlord fails to do so within 24 hours, as provided. For these purposes, existing law defines protected tenant as a tenant who has obtained a court order, as defined, or a police report showing that the tenant or the tenants household member is a victim of domestic violence, sexual assault, or stalking, as specified.

This bill would repeal, recast, and revise these provisions to apply when a person is alleged to have committed abuse or violence against a protected an eligible tenant or the immediate family or household member of a protected an eligible tenant, and the person is not a tenant of the same dwelling unit as the protected eligible tenant. The bill would define protected eligible tenant for these purposes as either a tenant who is a victim of abuse or violence, as defined, or a tenant whose immediate family member or household member is a victim of abuse or violence. The bill would require a landlord to, at the landlords expense and upon the protected eligible tenants written request, change the locks of a protected an eligible tenants dwelling unit not later than 24 hours after the protected eligible tenant gives the landlord specified documentation. The bill would require a protected an eligible tenants written request to include one of the following forms of documentation: documentation, of the tenants choosing: (1) a copy of a court temporary restraining order, emergency protective order, or protective order, as specified; (2) a copy of a written police report; report by a peace officer; (3) specified documentation from a qualified third party, as defined, showing that the tenant, their household member, or their immediate family member is seeking assistance for physical or mental injuries resulting from an act of abuse or violence; or (4) any other form of documentation that reasonably verifies the abuse or violence, as specified. The bill would additionally include a specified protective order for an elder or dependent adult who has suffered abuse as a court order, and would require a police report for an immediate family member to qualify as a protected tenant. The bill would require a landlord to reimburse the protected eligible tenant for expenses the tenant incurred if the protected eligible tenant changes the locks. The bill would apply this reimbursement requirement to leases executed on or after January 1, 2025.

Existing law, if a tenant is restrained under a court order from contact with a protected tenant tenant, as defined, of the same dwelling unit, requires a landlord to change the locks of a protected tenants dwelling unit upon the protected tenants written request not later than 24 hours after the protected tenant gives the landlord a copy of the court order.

This bill would additionally require the landlord to reimburse the protected tenant for expenses the tenant incurred in changing the locks if the landlord fails to change the locks within 24 hours of the tenant providing a written request to the landlord. The bill would apply these provisions to leases executed on or after January 1, 2025. make other nonsubstantive changes.

This bill would also prohibit a landlord or landlords agent from making an inquiry about, requiring the prospective tenant to disclose or reveal, or basing an adverse action, as defined, based on, among other things, an allegation that the prospective tenant breached a rental agreement if the alleged breach stemmed from an act of abuse or violence against a tenant, tenants immediate family member, or tenants household member, or the prospective tenant having previously requested to have their locks changed due to abuse or violence pursuant to the above-described provisions. provisions or the prospective tenant, or an immediate family member or household member of the prospective tenant, has been a victim of abuse or violence. The bill would provide that a landlord or landlords agent who violates this prohibition is liable to the prospective or current tenant in a civil action for actual damages and statutory damages of not less than $100 and not more than $5,000.

Existing law prohibits a landlord from terminating or failing 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 that person, except as specified.

This bill would make a technical, nonsubstantive change to these provisions.

Date of Hearing: June 11, 2024

ASSEMBLY COMMITTEE ON JUDICIARY

Ash Kalra, Chair

SBPCA Bill Id:SB 1051

Author:(Eggman) – As Amended Ver:May 15, 2024

PROPOSED CONSENT

SENATE VOTE: 38-0

SUBJECT: Victims of abuse or violence: lock changes

KEY ISSUE: IN ORDER TO HELP ABUSE SURVIVORS, SHOULD THE LIST OF ACCEPTABLE DOCUMENTATION TRIGGERING A LANDLORD’S REQUIREMENT TO CHANGE THE LOCKS OF A SURVIVOR’S HOME, BE EXPANDED?

SYNOPSIS

The United States Department of Justice data show that only about 2 out of 5 violent victimizations are reported to police. Most survivors facing ongoing threats of violence also do not have a court order. According to the bill’s co-sponsors, among domestic violence survivors who do call law enforcement, only two in 10 reports feeling safer after, and four in 10 feel less safe after reporting. Recognizing these grim facts, the Legislature has permitted other forms of reliable evidence of victimization for accessing survivor tenant protections, such as giving survivor tenants the ability to terminate their tenancies with minimal financial repercussions (Civil Code Section 1946.7), prohibiting landlords from evicting survivor tenants, or refusing to renew their rental agreements or leases (Civil Code of Procedure Section 1161.3), and authorizing courts to order a partial eviction in response to an unlawful detainer action: evicting the perpetrator, while allowing the remaining residents to retain their tenancies (Code of Civil Procedure Section 1174.27). Under existing law relating to lock change protections, however, only survivors who have a police report or court order (e.g. a restraining or protective order) are eligible to have their locks changed.

This bill seeks to, among other things, bring the lock change protection in line with other tenant protection statutes and expand the type of supporting documentation of abuse or violence that triggers the landlord’s obligation to change the tenant’s locks. Second, the bill would extend the lock change protections to tenants whose immediate family or household members are the victims of such abuse or violence. Finally, it would prohibit a landlord from denying the rental application of a prospective tenant or offering the tenancy on less favorable terms than advertised because the tenant was the victim of abuse or previously availed themselves of the lock change protection. This unopposed measure is co-sponsored by Californians for Safety and Justice, Crime Survivors for Safety and Justice, Family Violence Appellate Project, and the National Center for Youth Law.

SUMMARY: Extends California’s lock change protection to immediate family or household members of a tenant, expands the acceptable supporting documentation of abuse or violence triggering the lock change protection, and prohibits a landlord from taking adverse action against a prospective tenant because of their use of the lock change protection. Specifically, this bill:

1. Clarifies that a landlord is responsible for paying for a lock change request by a tenant who provides supporting documentation of abuse or violence, as provided.
2. Establishes that in addition to the tenant, the immediate family or household member of a tenant, who is the victim of abuse or violence, as defined, is entitled to the lock-change protections, as provided.
3. Provides that if a landlord does not comply with the lock-change request within 24 hours, the eligible tenant may change the locks without the landlord’s permission, as provided, and the landlord must reimburse the tenant within 21 days after the tenant’s lock change.
4. Establishes that the lock change requirements in 1)-3) apply to leases executed on or after January 1, 2011.
5. Expands the acceptable supporting documentation substantiating the lock-change request to include documentation from a qualified third party acting in their professional capacity to indicate that the tenant or their immediate family member or household member is seeking assistance for physical or mental injuries or abuse resulting from an act of abuse or violence.
6. Provides a template of a permissible tenant statement and qualified third party statement that would comply with the requirements in 5).
7. Establishes that a qualified third party is someone 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 official letterhead confirming such work.
8. Expands the acceptable supporting documentation substantiating the lock-change request to include any other form of documentation that reasonably verifies that the abuse or violence occurred, including, but not limited to, a signed statement from the eligible tenant.
9. Clarifies that acceptable supporting documentation substantiating the lock-change request includes a copy of a temporary restraining order, emergency protective order, or protective order lawfully issued that protects the eligible tenant, household member, or immediate family member from abuse or violence.
10. Clarifies that acceptable supporting documentation substantiating the lock-change request includes a copy of a written report by a peace officer employed by a state or local law enforcement agency acting in the peace officer’s 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 abuse or violence.
11. Prohibits a landlord or a landlord’s agent, when screening a prospective tenant, from making an adverse action based on the following:
    1. An allegation that the prospective tenant breached a lease if the alleged breach stemmed from an act of abuse or violence against the tenant or the tenant’s immediate family or household member, assuming the prospective tenant is not alleged to have committed the abuse or violence.
    2. The prospective tenant having previously requested to have their locks changed because of abuse or violence, as provided.
    3. The prospective tenant, or an immediate family member or household member of the prospective tenant, having been a victim of abuse or violence.
    4. The prospective tenant, or a guest of the prospective tenant, having previously summoned law enforcement assistance or emergency assistance, as, or on behalf of a victim of abuse, a victim of crime, or an individual in an emergency, as provided.
12. Defines “adverse action” as denying a prospective tenant’s rental application or approving of the application subject to less favorable terms than those included in any written notice, statement, or advertisement for the rental unit.
13. Establishes that if a landlord or their agent makes a prohibited adverse action when screening a prospective tenant, as provided in 11), they are liable for actual damages, statutory damages between $100 and $5,000, and any other remedy provided by law.

EXISTING LAW:

1) Requires a landlord to change the locks of a protected tenant’s dwelling unit upon the protected tenant’s written request not later than 24 hours after the protected tenant, as defined, gives the landlord a copy of a court order or police report that restrains a person who is not a tenant of the same dwelling unit as the protected tenant from contact with the protected tenant. (Civil Code Section 1941.5 (b). All further statutory references are to the Civil Code, unless otherwise indicated.)

2) Allows the protected tenant to change the locks without the landlord’s permission, if the landlord fails to do so within 24 hours, as provided. (Section 1941.5 (c).)

3) Defines “protected tenant” as a tenant who has obtained a court order, as defined, or a police report showing that the tenant or the tenant’s household member is a victim of domestic violence, sexual assault, or stalking, as specified. (Section 1941.5 (d)(4).)

4) Permits a tenant to terminate a tenancy without penalty if the tenant, a household member, or an immediate family member was the victim of any of the following: a) domestic violence; b) sexual assault; c) stalking; d) human trafficking; e) abuse of an elder or a dependent adult; f) a crime that caused bodily injury or death; g) a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument; or h) a crime that included the use of force against the victim or a threat of force against the victim. (Section 1946.7 (a).)

1. Requires notice to the landlord of intent to terminate tenancy under 4) to be accompanied by one of the following:
2. A copy of a temporary restraining order, emergency protective order, or other protective order provided for in statute 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 other act or crime listed in 4).
3. A copy of a written report by a peace officer employed by a state or local law enforcement agency acting in the peace officer’s 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 1).
4. Documentation from a qualified third party based on information received by that third party while acting in the third party’s professional capacity, indicating 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 4).
5. Any other form of documentation that reasonably verifies that the crime or act listed in 4) occurred. (Section 1946.7 (b).)
6. Provides that the notice to terminate tenancy must be given to the landlord within specified timelines. (Section 1946.7 (d).)

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

COMMENTS: The author explains the need for this measure:

In 2022, Senator Eggman sponsored SB 1017, which protected survivors of abuse and crime by expanding eviction protections to more comprehensively reflect experiences of violent victimization, closing loopholes in the statute concerning documentation of abuse and a victim’s right to remain housed, and ensuring victims could remain in their homes as they navigate complicated relationships and family obligations. SB 1051 will build on SB 1017’s intent of protecting survivors of domestic violence and other violent victimization by ensuring that the eligibility under the lock change protection law includes parallel victimization experiences to those covered under survivor lease termination and eviction protections, and that documentation requirements to access lock change protections are consistent with those for other survivor tenant protections. Survivors need to feel protected in their own homes, and California’s current lock change protection is out of date. SB 1051 will also help ensure long-term housing stability for survivors by preventing housing discrimination based on a survivor’s past victimization experience or exercise of their rights to lease termination or lock change under the law. This bill will strengthen survivors’ access to safe housing and reduce housing instability and abuse.

Background. The United States Department of Justice data show that only about two out of 5 violent victimizations are reported to police. (U.S. Department of Justice, Bureau of Justice Statistics (2023). Criminal Victimization, 2022, available at https://bjs.ojp.gov/document/cv22.pdf.) Most survivors facing ongoing threats of violence also do not have a court order. (Shah, et. al. (2023). Factors Influencing the Use of Domestic Violence Restraining Orders in Los Angeles. Violence Against Women, Jul; 29(9): 1604–1622; Gover, et. al. (2013) When Abuse Happens Again: Women's Reasons for Not Reporting New Incidents of Intimate Partner Abuse to Law Enforcement. Women & Crim. Justice. 23:99-120.) According to the bill’s co-sponsors, “[r]easons for not obtaining a police report or court order include legitimate fear that calling the police or obtaining a court order could make survivors less safe in the immediate aftermath. For example, a 2021 study of survivors impacted by intimate partner violence or sexual assault found 49% survivors avoided calling the police because they feared how the person who abused them would respond. Among domestic violence survivors who do call law enforcement, only two in 10 reports feeling safer after, and four in 10 feel less safe after reporting.” (Californians for Safety and Justice Support Letter, citing Goodmark, L. (2022). Law Enforcement Experience Report: Domestic Violence Survivors’ Survey Regarding Interactions with Law Enforcement. https://www.thehotline.org/wp-content/uploads/media/2022/09/2209-Hotline-LES_FINAL.pdf.) They further point to grim statistics: about one in nine women (11%) killed by an intimate partner had a restraining order, and one fifth of those killed were killed within two days of the order being issued. (Vittes, K.A. and Sorenson, S.B. (2008). Restraining orders among victims of intimate partner homicide. Inj. Prev. 14: 191-195.)

Recognizing these facts, the Legislature has permitted other forms of reliable evidence of victimization for accessing survivor tenant protections, such as giving survivor tenants the ability to terminate their tenancies with minimal financial repercussions (Civil Code Section 1946.7), prohibiting landlords from evicting survivor tenants, or refusing to renew their rental agreements or leases (Code of Civil Procedure Section 1161.3), and authorizing courts to order a partial eviction in response to an unlawful detainer action: evicting the perpetrator, while allowing the remaining residents to retain their tenancies (Code of Civil Procedure Section 1174.27). Under existing law relating to lock change protections, however, only survivors who have a police report or court order (e.g. a restraining or protective order) are eligible to have their locks changed.

This bill seeks to, among other things, bring the lock change protection in line with other tenant protection statutes and expand the type of supporting documentation of abuse or violence that triggers the landlord’s obligation to change the tenant’s locks. Second, the bill would extend the lock change protections to tenants whose immediate family or household members are the victims of such abuse or violence. Finally, it would prohibit a landlord from denying the rental application of a prospective tenant or offering the tenancy on less favorable terms than advertised because the tenant was the victim of abuse or previously availed themselves of the lock change protection.

The bill’s expanded category of eligible tenants. The bill seeks to address situations where an immediate family or household member of a tenant is the victim of abuse or violence and that family member’s experience necessitates changing the tenant’s locks out of safety concerns. The bill defines “immediate family member” as either a close relative (the mother, father, stepmother, stepfather, spouse, son, son-in-law, daughter, daughter-in-law, stepchild, brother, or sister of the tenant), or any person living in the tenant’s household at the time the prescribed crime occurred who is a family member of the tenant, or who has a relationship with the tenant that is substantially similar to that of a family member.

The bill also clarifies that the expense for changing the locks falls on the landlord.

The bill’s expanded documentation requirement. Existing law requires a landlord to change an eligible tenant’s locks within 24 hours of receiving written notice that the tenant was a victim of abuse or violence, as well as a police report or court order protecting the tenant from the abuse. This bill would additionally allow a statement from a qualified third party to substantiate the written request for a lock change. The statement would have to be based on information received while the qualified third party was acting in his or her professional capacity. Under this bill, qualified third parties include domestic violence counselors, sexual assault counselors, human trafficking caseworkers, and various health practitioners, including, among others, a physician, surgeon, psychiatrist, psychologist, registered nurse, or licensed social worker. The bill includes a standard form document that may be used for this purpose, or modified as long as it contains the same information in substantially the same form, as specified. The documentation also includes a signed statement by the qualified third party identifying his or her qualified profession, as specified; licensing information, if applicable; name, address, and phone number; and attesting that the tenant stated to the third party that the tenant or a member of his or her household was a victim of one of the forms of abuse or violence specified under this bill.

The tenant statement template includes a signed statement by the tenant seeking to change the locks attesting that they have been a victim of abuse or violence, as specified, and identifying additional information about the most recent incident and the person or persons responsible for the acts of abuse or violence.

This expanded documentation requirement, as well as the statement templates, is modeled after similar provisions in Civil Code Section 1946.7. (SB 612 (Leno), Chap. 130, Stats. 2013.) Civil Code Section 1946.7 allows a survivor of abuse or violence to terminate a residential tenancy before the end of the term, as substantiated by documentation. That expanded documentation provision was initially set to sunset in 2016, to allow the Legislature to review the law in order to ascertain whether there was any misuse of qualified third-party documentation by ineligible tenants or whether other unforeseen problems have arisen. Unaware of any such issues, the Legislature removed the sunset in 2015. (AB 418 (Chiu), Chap. 70, Stats. 2015.)

The bill’s prohibition of adverse action in tenant screening. The scarcity of affordable housing leads to a high number of applicants vying for a limited number of properties, especially in California’s tight housing market. In recent national data, three California markets rank within the top 20 most competitive rental markets at the start of 2024. (RentCafe, America’s Hottest Rental Markets at the Start of 2024, available at https://www.rentcafe.com/blog/rental-market/rental-competitiveness-index/us-hottest-rental-markets-start-of-2024/ (last visited Mar. 14, 2024).) The housing scarcity makes rental competition stiff. To overcome the odds of having an application accepted, individuals often must apply to multiple rental units and pay multiple screening fees, potentially adding up to hundreds of dollars. Survivors of abuse or violence may face even greater hurdles in obtaining housing. Existing law allows a landlord to screen and deny an applicant on the basis of being a violence or abuse victim, having summoned law enforcement, who having availed themselves of the lock change protection. As pointed out by the co-sponsors, landlords may view a survivor unfavorably – and perhaps refuse to rent to them – if the survivor previously needed to end their lease early or have their locks changed because of abuse. This could exacerbate a survivor’s already precarious situation: in a 2006 report by the U.S. Conference of Mayors, 44 percent of the cities surveyed identified domestic violence as the primary cause of homelessness. This measure would prohibit a landlord denying a rental application or offering lesser terms to an applicant based on their past victimization experience.

ARGUMENTS IN SUPPORT: A coalition of supporters, including Bay Area Legal Aid, the Los Angeles Center for Law and Justice, Public Advocates, and the Downtown Women’s Center explain the measure’s importance:

SB 1051 would standardize existing tenant protections by updating laws that allow survivors to change the locks on their units to make them more secure, expanding eligibility for this protection parallel to lease termination and eviction protection laws for survivors. It would also clarify current practice that property owners are responsible for the lock change expense. Survivors also may struggle to secure housing because new tenant screenings could negatively consider their experience as a victim or their past exercise of their rights as a victim. For example, landlords may view a survivor unfavorably – and perhaps refuse to rent to them – if the survivor previously needed to end their lease early or have their locks changed because of abuse. Survivors and survivor advocates in California agree that prohibiting landlords from rejecting rental applications because of circumstances surrounding a victimization would help more survivors secure housing. This bill would ensure clarity for property owners and protection for survivors who are searching for new housing.

REGISTERED SUPPORT / OPPOSITION:

Support

Californians for Safety and Justice (co-sponsor)

Crime Survivors for Safety and Justice (co-sponsor)

Family Violence Appellate Project (co-sponsor)

National Center for Youth Law (co-sponsor)

Access Reproductive Justice

Bay Area Legal Aid

California Partnership to End Domestic Violence

Californians United for A Responsible Budget

Communities United for Restorative Youth Justice (CURYJ)

CORA - Community Overcoming Relationship Abuse

Downtown Women's Center

Ella Baker Center for Human Rights

Healthy Alternatives to Violent Environments

Housing and Economic Rights Advocates

Human Options

Legal Aid Society of San Diego

Legal Assistance for Seniors

Los Angeles Center for Law and Justice

Lumina Alliance

Messaging for Success

Prosecutors Alliance Action

Prosecutors Alliance of California, a Project of Tides Advocacy

Public Advocates

Public Law Center

Women's Foundation California

Young Women's Freedom Center

Opposition

None on file

Analysis Prepared by: Shiran Zohar / JUD. / (916) 319-2334

 THIRD READING  

Bill No: SB 1051

Author: Eggman (D)

Amended: 5/15/24

Vote: 21

SENATE JUDICIARY COMMITTEE: 11-0, 4/23/24

AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Gonzalez, Laird, Min, Niello, Wahab

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Victims of abuse or violence: lock changes

SOURCE: California for Safety and Justice

Crime Survivors for Safety and Justice

Family Violence Appellate Project

National Center for Youth Law

DIGEST:

This bill (1) protects survivors of abuse by requiring landlords to change the locks of tenants, at the landlord’s own expense, within 24 hours of being provided with specified information regarding the abuse; (2) expands the list of professionals who can certify that the abuse occurred that triggers the protections under this bill; (3) prohibits a landlord or potential landlord from taking adverse action against the tenant or prospective tenant for exercising their rights under this bill.

Senate Floor Amendments of 5/15/24 make clarifying changes that correct a cross reference and clarify that locks are to be changed at the landlord’s own expense.

ANALYSIS:

Existing law:

1. Requires a landlord to change the locks of a protected tenant’s dwelling unit upon the protected tenant’s written request not later than 24 hours after the protected tenant, as defined, gives the landlord a copy of a court order or police report that restrains a person who is not a tenant of the same dwelling unit as the protected tenant from contact with the protected tenant. (Civ. Code § 1941.5 (b).)
2. Allows the protected tenant to change the locks if the landlord fails to do so within 24 hours, as provided. (Civ. Code § 1941.5 (c).)
3. Defines “protected tenant” as a tenant who has obtained a court order, as defined, or a police report showing that the tenant or the tenant’s household member is a victim of domestic violence, sexual assault, or stalking, as specified. (Civ. Code § 1941.5 (d)(4).)

This bill:

1. Repeals, recasts, and revises these provisions to apply when a person is alleged to have committed abuse or violence against an eligible tenant or the immediate family or household member of an eligible tenant, and the person is not a tenant of the same dwelling unit as the eligible tenant.
2. Defines “eligible tenant” for these purposes as either a tenant who is a victim of abuse or violence, as defined, or a tenant whose immediate family member or household member is a victim of abuse or violence.
3. Requires a landlord to, at the landlord’s own expense and upon the eligible tenant’s written request, change the locks of an eligible tenant’s dwelling unit not later than 24 hours after the eligible tenant gives the landlord specified documentation.
4. Requires an eligible tenant’s written request to include one of the following forms of documentation of the tenant’s choosing: (a) a copy of a temporary restraining order, emergency protective order, or protective order, as specified; (b) a copy of a written report by a peace officer, as specified; (c) specified documentation from a qualified third party, as defined, showing that the tenant, their household member, or their immediate family member is seeking assistance for physical or mental injuries resulting from an act of abuse or violence; or (d) any other form of documentation that reasonably verifies the abuse or violence, as specified.

1. Provides that the documentation referenced to in 4) c) 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.
2. Requires a landlord to reimburse the eligible tenant for expenses the tenant incurred if the eligible tenant changes the locks.
3. Requires the landlord to reimburse the protected tenant for expenses the tenant incurred in changing the locks if the landlord fails to change the locks within 24 hours of the tenant providing a written request to the landlord.

1. Prohibits a landlord or landlord’s agent from taking an adverse action, as defined, based on, among other things, the prospective tenant having previously requested to have their locks changed due to abuse or violence pursuant to the above-described provisions or the prospective tenant, or an immediate family member or household member of the prospective tenant, has been a victim of abuse or violence. 
2. Provide that a landlord or landlord’s agent who violates this prohibition is liable to the prospective or current tenant in a civil action for actual damages and statutory damages of not less than $100 and not more than $5,000.

Comments

According to the author:

SB 1051 protects survivors of abuse and crime by expanding evictions protections to all household members, closing loopholes in current statute concerning documentation of abuse and a victim’s right to remain housed, and will ensure victims remain in their homes as they navigate complicated relationships and family obligations. SB 1051 will expand SB 1017’s (Eggman) intent of protecting domestic violence survivors a step further by ensuring that the lock change protection law includes parallel victimization experiences to those covered under survivor lease termination and eviction protections, and that documentation requirements to access lock change protections are consistent with those for other survivor tenant protections. Survivors of domestic violence need to feel protected in their own homes and the changing of the locks is an important piece that California still needs to address. This bill will strengthen survivors’ access to safe housing and reduce housing instability and abuse.

The author’s office points to a national survey of crime survivors that found that housing insecurity affects victims of violent crime at high rates – nearly 1 in 3 survivors of violent crime (31%) would have wanted but did not receive emergency or temporary housing, and more than half (52%) wanted to relocate. More than 1 in 4 violent crime survivors feared being forced out of their housing or were evicted because of their victimization.^[1]

The bill updates California’s current lock change law and prohibits landlords from rejecting rental applications because of circumstances surrounding a tenant’s victimization. Currently, only survivors who have a police report or court order are eligible to have their locks changed, even if they have other forms of reliable evidence of victimization. US Department of Justice data show that nearly 6 in 10 violent crimes are not reported to police.^[2] Most survivors facing ongoing threats of violence also do not always have a court order.^[3]

Some survivors may also fear that calling the police or obtaining a court order could make them less safe in the immediate aftermath. Indeed, a 2021 study of survivors impacted by intimate partner violence or sexual assault found that 49% of survivors avoided calling the police because they feared how the person who abused them would respond. Among domestic violence survivors who do call law enforcement, only 2 in 10 report feeling more safe after, and 4 in 10 feel less safe after reporting.^[4] Another study found that about 1 in 9 women (11%) killed by an intimate partner had a restraining order, and a fifth of those killed were killed within 2-days of the order being issued.^[5]

Survivors also may struggle to find housing because new tenant screenings may negatively consider their experience as a victim or their past exercise of their rights as a victim. For example, landlords may view a survivor unfavorably – and perhaps refuse to rent to them – if the survivor previously needed to end their lease early or have their locks changed because of abuse.

In order to address the above concerns and allow more survivors to benefit from the protections of the lock change law, this bill allows tenants to provide other verifications of abuse that do not require a police report or court order. The bill also prohibits landlords from rejecting rental applications or taking adverse actions against tenant victims of abuse who exercise their rights under this bill.

This bill expands tenant protections to tenants who are survivors of abuse. Under current law, a survivor of abuse must produce a police report to their landlord in order to require the landlord to change their locks. Many survivors choose to seek help from licensed individuals who are not law enforcement when they are abused. This bill allows for additional professionals, outside of law enforcement, to certify that abuse occurred to trigger the landlord’s requirement to change the locks of the survivor’s home. The bill also helps provide housing stability to survivors by prohibiting landlords from taking any adverse actions against tenants or possible future tenants for exercising their rights under this bill.

Related/Prior Legislation

SB 1190 (Durazo, Chapter 205, Statutes of 2020) Extended existing provisions of law authorizing a tenant to terminate a tenancy when the tenant or a household member is a victim of domestic violence, sexual assault, stalking, human trafficking, or elder and dependent adult abuse to also include a crime that caused bodily injury or death, the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or that included the use of force or threat of force against the victim, and expands these provisions to apply if an immediate family member of the tenant is a victim of an eligible crime, as provided.

AB 2413 (Chiu, Chapter 190, Statutes of 2018) enacted a set of provisions primarily designed to: (1) make it easier for tenants to obtain the documentation necessary to secure limited protection against eviction when they, or members of their household, have been victims of domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent abuse; and (2) ensure that landlords do not evict or otherwise penalize tenants solely because law enforcement or other emergency services have been summoned to the property to come to the aid of those tenants as victims of domestic violence, abuse, crime, or other emergencies.

AB 418 (Chiu, Chapter 70, Statutes of 2015) extended indefinitely the authorization to use documentation from a qualified third party based on information received by that third party while acting in their professional capacity, as specified, to support a notice to terminate a tenancy when the tenant or a household member becomes the victim of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or dependent adult. Reduced from 30 to 14 days the obligation of a tenant who becomes a victim, as specified, to pay rent after providing the landlord with notice to terminate the tenancy, and states that thereafter the tenant shall be released from any rent payment obligation under their lease or rental agreement without penalty.

SB 612 (Leno, Chapter 130, Statutes of 2013) extended tenant protections to victims of human trafficking. Allowed a tenant to terminate their lease upon the issuance of documentation from qualified third parties that demonstrates the tenant or a household member is seeking assistance for physical or mental injuries resulting from abuse, and prohibits landlords from disclosing information related to a tenant’s early termination based on abuse, as specified.

SB 1403 (Yee, Chapter 516, Statutes of 2012) extended existing tenant protections to victims of elder or dependent adult physical abuse. Also added protective orders to the list of qualifying documents that a tenant may provide to a landlord to substantiate early termination of a lease.

SB 782 (Yee, Chapter 626, Statutes of 2010) prohibited a landlord from terminating a tenancy based upon an act or acts of domestic violence, sexual assault, or stalking against the tenant or tenant’s household member, if the act(s) can be appropriately documented and the perpetrator is not a tenant of the same dwelling unit as the tenant. Permitted a tenant to change locks of the dwelling unit, or request the landlord to do so, as specified, if the tenant has a restraining order against another person based on that other person’s acts of domestic violence, sexual assault, or stalking against the tenant.

AB 2052 (Lieu, Chapter 440, Statutes of 2008) authorized a tenant to notify the landlord in writing that they or a household member, as defined, was a victim of an act of domestic violence, sexual assault, or stalking, as defined, and intends to terminate the tenancy. The bill required the tenant to attach a copy of a temporary restraining order or emergency protective order, or a copy of a specified written report by a peace officer, to the notice. The bill authorized the tenant to quit the premises and the tenant is discharged from payment of rent for any period following 30 days from the date of the notice, or as specified. The bill provided that the notice to terminate tenancy shall be given within 60 days, of date the order was issued or the report was made, or as specified. The provisions of the bill sunset on January 1, 2012. This bill provided that other tenants except a household member who is a victim of domestic violence, sexual assault, or stalking and members of that person’s family were not released from their obligations under the rental agreement.

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

SUPPORT: (Verified 5/15/24)

California for Safety and Justice (source)

Crime Survivors for Safety and Justice (source)

Family Violence Appellate Project (source)

National Center for Youth Law (source)
Access Reproductive Justice

Bay Area Legal Aid

California Partnership to End Domestic Violence

Californians United for a Responsible Budget

Communities United for Restorative Youth Justice

Community Overcoming Relationship Abuse

Downtown Women’s Center

Ella Baker Center for Human Rights
Healthy Alternatives to Violent Environments

Housing and Economic Rights Advocates

Human Options

Legal Aid Society of San Diego

Legal Assistance for Seniors

Los Angeles Center for Law and Justice

Lumina Alliance

Prosecutors Alliance of California

Public Advocates

Public Law Center

Women’s Foundation California

Young Women’s Freedom Center

OPPOSITION: (Verified 5/15/24)

None received

Prepared by: Margie Estrada / JUD. / (916) 651-4113

5/17/24 10:09:19

**** END ****

1. Alliance for Safety and Justice (2022). Crime Survivors Speak: National Survey of Victims’ Views on Safety and Justice. ↑

2. US Department of Justice, Bureau of Justice Statistics (2023). Criminal Victimization, 2022. ↑

3. Shah, et. al. (2023). Factors Influencing the Use of Domestic Violence Restraining Orders in Los Angeles. Violence Against Women, Jul; 29(9): 1604–1622; Gover, et. al. (2013) When Abuse Happens Again: Women's Reasons for Not Reporting New Incidents of Intimate Partner Abuse to Law Enforcement. Women & Crim. Justice. 23:99-120. ↑

4. Goodmark, L. (2022). Law Enforcement Experience Report: Domestic Violence Survivors’ Survey Regarding Interactions with Law Enforcement. https://www.thehotline.org/wp-content/uploads/media/2022/09/2209-Hotline-LES_FINAL.pdf. ↑

5. Vittes, K.A. and Sorenson, S.B. (2008). Restraining orders among victims of intimate partner homicide. Inj. Prev. 14: 191-195. ↑

 THIRD READING  

Bill No: SB 1051

Author: Eggman (D)

Amended: 4/11/24

Vote: 21

SENATE JUDICIARY COMMITTEE: 11-0, 4/23/24

AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Gonzalez, Laird, Min, Niello, Wahab

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Victims of abuse or violence: lock changes

SOURCE: California for Safety and Justice

Crime Survivors for Safety and Justice

Family Violence Appellate Project

National Center for Youth Law

DIGEST:

This bill protects survivors of abuse by requiring landlords to change the locks of tenants within 24 hours of being provided with specified information regarding the abuse. This bill expands the list of professionals who can certify that the abuse occurred that triggers the protections under this bill. This bill also prohibits a landlord or potential landlord from taking adverse action against the tenant or prospective tenant for exercising their rights under this bill.

ANALYSIS:

Existing law:

1. Requires a landlord to change the locks of a protected tenant’s dwelling unit upon the protected tenant’s written request not later than 24 hours after the protected tenant, as defined, gives the landlord a copy of a court order or police report that restrains a person who is not a tenant of the same dwelling unit as the protected tenant from contact with the protected tenant. (Civil Code (Civ. Code) § 1941.5 (b))
2. Allows the protected tenant to change the locks if the landlord fails to do so within 24 hours, as provided. (Civ. Code § 1941.5 (c))
3. Defines “protected tenant” as a tenant who has obtained a court order, as defined, or a police report showing that the tenant or the tenant’s household member is a victim of domestic violence, sexual assault, or stalking, as specified. (Civ. Code § 1941.5 (d)(4))

This bill:

1. Repeals, recasts, and revises these provisions to apply when a person is alleged to have committed abuse or violence against an eligible tenant or the immediate family or household member of an eligible tenant, and the person is not a tenant of the same dwelling unit as the eligible tenant.
2. Defines “eligible tenant” for these purposes as either a tenant who is a victim of abuse or violence, as defined, or a tenant whose immediate family member or household member is a victim of abuse or violence.
3. Requires a landlord to, at the landlord’s expense and upon the eligible tenant’s written request, change the locks of an eligible tenant’s dwelling unit not later than 24 hours after the eligible tenant gives the landlord specified documentation.
4. Requires an eligible tenant’s written request to include one of the following forms of documentation of the tenant’s choosing: (a) a copy of a temporary restraining order, emergency protective order, or protective order, as specified; (b) a copy of a written report by a peace officer, as specified; (c) specified documentation from a qualified third party, as defined, showing that the tenant, their household member, or their immediate family member is seeking assistance for physical or mental injuries resulting from an act of abuse or violence; or (d) any other form of documentation that reasonably verifies the abuse or violence, as specified.

1. Provides that the documentation referenced to in 4) c) 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.
2. Requires a landlord to reimburse the eligible tenant for expenses the tenant incurred if the eligible tenant changes the locks.
3. Requires the landlord to reimburse the protected tenant for expenses the tenant incurred in changing the locks if the landlord fails to change the locks within 24 hours of the tenant providing a written request to the landlord.

1. Prohibits a landlord or landlord’s agent from taking an adverse action, as defined, based on, among other things, the prospective tenant having previously requested to have their locks changed due to abuse or violence pursuant to the above-described provisions or the prospective tenant, or an immediate family member or household member of the prospective tenant, has been a victim of abuse or violence. 
2. Provides that a landlord or landlord’s agent who violates this prohibition is liable to the prospective or current tenant in a civil action for actual damages and statutory damages of not less than $100 and not more than $5,000.

Comments

According to the author:

SB 1051 protects survivors of abuse and crime by expanding evictions protections to all household members, closing loopholes in current statute concerning documentation of abuse and a victim’s right to remain housed, and will ensure victims remain in their homes as they navigate complicated relationships and family obligations. SB 1051 will expand SB 1017’s (Eggman) intent of protecting domestic violence survivors a step further by ensuring that the lock change protection law includes parallel victimization experiences to those covered under survivor lease termination and eviction protections, and that documentation requirements to access lock change protections are consistent with those for other survivor tenant protections. Survivors of domestic violence need to feel protected in their own homes and the changing of the locks is an important piece that California still needs to address. This bill will strengthen survivors’ access to safe housing and reduce housing instability and abuse.

The author’s office points to a national survey of crime survivors that found that housing insecurity affects victims of violent crime at high rates – nearly one in three survivors of violent crime (31%) would have wanted but did not receive emergency or temporary housing, and more than half (52%) wanted to relocate. More than one in four violent crime survivors feared being forced out of their housing or were evicted because of their victimization.^[1]

This bill updates California’s current lock change law and prohibits landlords from rejecting rental applications because of circumstances surrounding a tenant’s victimization. Currently, only survivors who have a police report or court order are eligible to have their locks changed, even if they have other forms of reliable evidence of victimization. US Department of Justice data show that nearly six in 10 violent crimes are not reported to police.^[2] Most survivors facing ongoing threats of violence also do not always have a court order.^[3]

Some survivors may also fear that calling the police or obtaining a court order could make them less safe in the immediate aftermath. Indeed, a 2021 study of survivors impacted by intimate partner violence or sexual assault found that 49% of survivors avoided calling the police because they feared how the person who abused them would respond. Among domestic violence survivors who do call law enforcement, only two in 10 report feeling more safe after, and four in 10 feel less safe after reporting.^[4] Another study found that about one in 9 women (11%) killed by an intimate partner had a restraining order, and a fifth of those killed were killed within two days of the order being issued.^[5]

Survivors also may struggle to find housing because new tenant screenings may negatively consider their experience as a victim or their past exercise of their rights as a victim. For example, landlords may view a survivor unfavorably – and perhaps refuse to rent to them – if the survivor previously needed to end their lease early or have their locks changed because of abuse.

In order to address the above concerns and allow more survivors to benefit from the protections of the lock change law, this bill allows tenants to provide other verifications of abuse that do not require a police report or court order. This bill also prohibits landlords from rejecting rental applications or taking adverse actions against tenant victims of abuse who exercise their rights under this bill.

Related/Prior Legislation

SB 1190 (Durazo, Chapter 205, Statutes of 2020) extended existing provisions of law authorizing a tenant to terminate a tenancy when the tenant or a household member is a victim of domestic violence, sexual assault, stalking, human trafficking, or elder and dependent adult abuse to also include a crime that caused bodily injury or death, the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or that included the use of force or threat of force against the victim, and expands these provisions to apply if an immediate family member of the tenant is a victim of an eligible crime, as provided.

AB 2413 (Chiu, Chapter 190, Statutes of 2018) enacted a set of provisions primarily designed to: (1) make it easier for tenants to obtain the documentation necessary to secure limited protection against eviction when they, or members of their household, have been victims of domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent abuse; and (2) ensure that landlords do not evict or otherwise penalize tenants solely because law enforcement or other emergency services have been summoned to the property to come to the aid of those tenants as victims of domestic violence, abuse, crime, or other emergencies.

AB 418 (Chiu, Chapter 70, Statutes of 2015) extended indefinitely the authorization to use documentation from a qualified third party based on information received by that third party while acting in their professional capacity, as specified, to support a notice to terminate a tenancy when the tenant or a household member becomes the victim of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or dependent adult. Reduced from 30 to 14 days the obligation of a tenant who becomes a victim, as specified, to pay rent after providing the landlord with notice to terminate the tenancy, and states that thereafter the tenant shall be released from any rent payment obligation under their lease or rental agreement without penalty.

SB 612 (Leno, Chapter 130, Statutes of 2013) extended tenant protections to victims of human trafficking. Allowed a tenant to terminate their lease upon the issuance of documentation from qualified third parties that demonstrates the tenant or a household member is seeking assistance for physical or mental injuries resulting from abuse, and prohibits landlords from disclosing information related to a tenant’s early termination based on abuse, as specified.

SB 1403 (Yee, Chapter 516, Statutes of 2012) extended existing tenant protections to victims of elder or dependent adult physical abuse. Also added protective orders to the list of qualifying documents that a tenant may provide to a landlord to substantiate early termination of a lease.

SB 782 (Yee, Chapter 626, Statutes of 2010) prohibited a landlord from terminating a tenancy based upon an act or acts of domestic violence, sexual assault, or stalking against the tenant or tenant’s household member, if the act(s) can be appropriately documented and the perpetrator is not a tenant of the same dwelling unit as the tenant. Permitted a tenant to change locks of the dwelling unit, or request the landlord to do so, as specified, if the tenant has a restraining order against another person based on that other person’s acts of domestic violence, sexual assault, or stalking against the tenant.

AB 2052 (Lieu, Chapter 440, Statutes of 2008) authorized a tenant to notify the landlord in writing that they or a household member, as defined, was a victim of an act of domestic violence, sexual assault, or stalking, as defined, and intends to terminate the tenancy. The bill required the tenant to attach a copy of a temporary restraining order or emergency protective order, or a copy of a specified written report by a peace officer, to the notice. The bill authorized the tenant to quit the premises and the tenant is discharged from payment of rent for any period following 30 days from the date of the notice, or as specified. The bill provided that the notice to terminate tenancy shall be given within 60 days, of date the order was issued or the report was made, or as specified. The provisions of the bill sunset on January 1, 2012. The bill provided that other tenants except a household member who is a victim of domestic violence, sexual assault, or stalking and members of that person’s family were not released from their obligations under the rental agreement.

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

SUPPORT: (Verified 5/8/24)

California for Safety and Justice (co-source)

Crime Survivors for Safety and Justice (co-source)

Family Violence Appellate Project (co-source)

National Center for Youth Law (co-source)
Access Reproductive Justice

Bay Area Legal Aid

California Partnership to End Domestic Violence

Californians United for a Responsible Budget

Communities United for Restorative Youth Justice

Community Overcoming Relationship Abuse

Downtown Women’s Center

Ella Baker Center for Human Rights
Healthy Alternatives to Violent Environments

Housing and Economic Rights Advocates

Human Options

Legal Aid Society of San Diego

Legal Assistance for Seniors

Los Angeles Center for Law and Justice

Lumina Alliance

Prosecutors Alliance of California

Public Advocates

Public Law Center

Women’s Foundation California

Young Women’s Freedom Center

OPPOSITION: (Verified 5/8/24)

None received

Prepared by: Margie Estrada / JUD. / (916) 651-4113

5/8/24 14:41:20

**** END ****

1. Alliance for Safety and Justice (2022). Crime Survivors Speak: National Survey of Victims’ Views on Safety and Justice. ↑

2. US Department of Justice, Bureau of Justice Statistics (2023). Criminal Victimization, 2022. ↑

3. Shah, et. al. (2023). Factors Influencing the Use of Domestic Violence Restraining Orders in Los Angeles. Violence Against Women, Jul; 29(9): 1604–1622; Gover, et. al. (2013) When Abuse Happens Again: Women's Reasons for Not Reporting New Incidents of Intimate Partner Abuse to Law Enforcement. Women & Crim. Justice. 23:99-120. ↑

4. Goodmark, L. (2022). Law Enforcement Experience Report: Domestic Violence Survivors’ Survey Regarding Interactions with Law Enforcement. https://www.thehotline.org/wp-content/uploads/media/2022/09/2209-Hotline-LES_FINAL.pdf. ↑

5. Vittes, K.A. and Sorenson, S.B. (2008). Restraining orders among victims of intimate partner homicide. Inj. Prev. 14: 191-195. ↑

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2023-2024 Regular Session

Bill No: SB 1051 (Author:Eggman)

Version: April 11, 2024

Hearing Date: April 23, 2024

Fiscal: No

Urgency: No

Consultant: ME

SUBJECT

Victims of abuse or violence: lock changes

DIGEST

This bill protects survivors of abuse by requiring landlords to change the locks of tenants within 24 hours of being provided with specified information regarding the abuse. The bill expands the list of professionals who can certify that the abuse occurred that triggers the protections under this bill. The bill also prohibits a landlord or potential landlord from taking adverse action against the tenant or prospective tenant for exercising their rights under this bill.

EXECUTIVE SUMMARY

This bill expands tenant protections to tenants who are survivors of abuse. Under current law, a survivor of abuse must produce a police report to their landlord in order to require the landlord to change their locks. Many survivors choose to seek help from licensed individuals who are not law enforcement when they are abused. This bill allows for additional professionals, outside of law enforcement, to certify that abuse occurred to trigger the landlord’s requirement to change the locks of the survivor’s home. The bill also helps provide housing stability to survivors by prohibiting landlords from taking any adverse actions against tenants or possible future tenants for exercising their rights under this bill.

The bill is sponsored by Californians for Safety and Justice, Crime Survivors for Safety and Justice, Family Violence Appellate Project, and National Center for Youth Law. The bill is supported by various organizations that support survivors of abuse. The Committee has not received timely opposition to the bill. Should this bill pass out of this Committee it will next be heard in the Senate Appropriations Committee.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Requires a landlord to change the locks of a protected tenant’s dwelling unit upon the protected tenant’s written request not later than 24 hours after the protected tenant, as defined, gives the landlord a copy of a court order or police report that restrains a person who is not a tenant of the same dwelling unit as the protected tenant from contact with the protected tenant. (Civ. Code § 1941.5 (b).)
2. Existing law allows the protected tenant to change the locks if the landlord fails to do so within 24 hours, as provided. (Civ. Code § 1941.5 (c).)
3. Defines “protected tenant” as a tenant who has obtained a court order, as defined, or a police report showing that the tenant or the tenant’s household member is a victim of domestic violence, sexual assault, or stalking, as specified. (Civ. Code § 1941.5 (d)(4).)

This bill:

1. Repeals, recasts, and revises these provisions to apply when a person is alleged to have committed abuse or violence against an eligible tenant or the immediate family or household member of an eligible tenant, and the person is not a tenant of the same dwelling unit as the eligible tenant.
2. Defines “eligible tenant” for these purposes as either a tenant who is a victim of abuse or violence, as defined, or a tenant whose immediate family member or household member is a victim of abuse or violence.
3. Requires a landlord to, at the landlord’s expense and upon the eligible tenant’s written request, change the locks of an eligible tenant’s dwelling unit not later than 24 hours after the eligible tenant gives the landlord specified documentation.
4. Requires an eligible tenant’s written request to include one of the following forms of documentation of the tenant’s choosing: (a) a copy of a temporary restraining order, emergency protective order, or protective order, as specified; (b) a copy of a written report by a peace officer, as specified; (c) specified documentation from a qualified third party, as defined, showing that the tenant, their household member, or their immediate family member is seeking assistance for physical or mental injuries resulting from an act of abuse or violence; or (d) any other form of documentation that reasonably verifies the abuse or violence, as specified.

1. Provides that the documentation referenced to in 4) c) 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.
2. Requires a landlord to reimburse the eligible tenant for expenses the tenant incurred if the eligible tenant changes the locks.
3. Requires the landlord to reimburse the protected tenant for expenses the tenant incurred in changing the locks if the landlord fails to change the locks within 24 hours of the tenant providing a written request to the landlord.

1. Prohibits a landlord or landlord’s agent from taking an adverse action, as defined, based on, among other things, the prospective tenant having previously requested to have their locks changed due to abuse or violence pursuant to the above-described provisions or the prospective tenant, or an immediate family member or household member of the prospective tenant, has been a victim of abuse or violence. 
2. Provide that a landlord or landlord’s agent who violates this prohibition is liable to the prospective or current tenant in a civil action for actual damages and statutory damages of not less than $100 and not more than $5,000.

COMMENTS

1. Author’s statement and need for the bill

According to the author:

SB 1051 protects survivors of abuse and crime by expanding evictions protections to all household members, closing loopholes in current statute concerning documentation of abuse and a victim’s right to remain housed, and will ensure victims remain in their homes as they navigate complicated relationships and family obligations. SB 1051 will expand SB 1017’s (Eggman) intent of protecting domestic violence survivors a step further by ensuring that the lock change protection law includes parallel victimization experiences to those covered under survivor lease termination and eviction protections, and that documentation requirements to access lock change protections are consistent with those for other survivor tenant protections. Survivors of domestic violence need to feel protected in their own homes and the changing of the locks is an important piece that California still needs to address. This bill will strengthen survivors’ access to safe housing and reduce housing instability and abuse.

The author’s office points to a national survey of crime survivors that found that housing insecurity affects victims of violent crime at high rates – nearly 1 in 3 survivors of violent crime (31%) would have wanted but did not receive emergency or temporary housing, and more than half (52%) wanted to relocate. More than 1 in 4 violent crime survivors feared being forced out of their housing or were evicted because of their victimization.^[1]

The bill updates California’s current lock change law and prohibits landlords from rejecting rental applications because of circumstances surrounding a tenant’s victimization. Currently, only survivors who have a police report or court order are eligible to have their locks changed, even if they have other forms of reliable evidence of victimization. US Department of Justice data show that nearly 6 in 10 violent crimes are not reported to police.^[2] Most survivors facing ongoing threats of violence also do not always have a court order.^[3]

Some survivors may also fear that calling the police or obtaining a court order could make them less safe in the immediate aftermath. Indeed, a 2021 study of survivors impacted by intimate partner violence or sexual assault found that 49% of survivors avoided calling the police because they feared how the person who abused them would respond. Among domestic violence survivors who do call law enforcement, only 2 in 10 report feeling more safe after, and 4 in 10 feel less safe after reporting.^[4] Another study found that about 1 in 9 women (11%) killed by an intimate partner had a restraining order, and a fifth of those killed were killed within 2-days of the order being issued.^[5]

Survivors also may struggle to find housing because new tenant screenings may negatively consider their experience as a victim or their past exercise of their rights as a victim. For example, landlords may view a survivor unfavorably – and perhaps refuse to rent to them – if the survivor previously needed to end their lease early or have their locks changed because of abuse.

In order to address the above concerns and allow more survivors to benefit from the protections of the lock change law, this bill allows tenants to provide other verifications of abuse that do not require a police report or court order. The bill also prohibits landlords from rejecting rental applications or taking adverse actions against tenant victims of abuse who exercise their rights under this bill.

2. There is no opposition to this bill

Crime Survivors for Safety and Justice, sponsors of the bill, explain:

[A] national survey of crime survivors found that housing insecurity affects victims of violent crime at high rates – nearly 1 in 3 survivors of violent crime (31%) would have wanted but did not receive emergency or temporary housing, and more than half (52%) wanted to relocate. More than 1 in 4 violent crime survivors feared being forced out of their housing or were evicted because of their victimization.

Recognizing these issues, the legislature has taken steps in recent years to strengthen protections for crime victims who need to end a lease early to relocate, or who are threatened with eviction due to abuse or violence. But for survivors who wish to stay in their housing and need to change their locks to stay safe, the law is out of date and fails to protect many survivors who are eligible for other housing protections.

Currently, only survivors who have a police report or court order (e.g. a restraining or protective order) are eligible to have their locks changed, even if they have other forms of reliable evidence of victimization that are acceptable for accessing other types of survivor tenant protections. US Department of Justice data show that nearly 6 in 10 violent crimes are not reported to police. Most survivors facing ongoing threats of violence also do not have a court order.

Reasons for not obtaining a police report or court order include legitimate fear that calling the police or obtaining a court order could make survivors less safe in the immediate aftermath. For example, a 2021 study of survivors impacted by intimate partner violence or sexual assault found 49% survivors avoided calling the police because they feared how the person who abused them would respond. Among domestic violence survivors who do call law enforcement, only 2 in 10 reports feeling safer after, and 4 in 10 feel less safe after reporting. Another study found that about 1 in 9 women (11%) killed by an intimate partner had a restraining order, and a fifth of those killed were killed within 2-days of the order being issued.

Access Reproductive Justice writes the following in support of SB 1051:

Currently, only survivors who have a police report or court order (e.g. a restraining or protective order) are eligible to have their locks changed when the person who harmed them does not live with them, even if they have other forms of reliable evidence of victimization that are acceptable for accessing other types of survivor tenant protections. However, US Department of Justice data show that nearly 6 in 10 violent crimes are not reported to police, and most survivors facing ongoing threats of violence do not have a court order. Survivors commonly do not obtain a police report or court order due to legitimate fear that police interaction or obtaining a court order could make survivors less safe in the immediate aftermath. SB 1051 would standardize existing tenant protections by updating laws that allow survivors to change the locks on their units to make them more secure, expanding eligibility for this protection parallel to lease termination and eviction protection laws for survivors.

It would also clarify current practice that property owners are responsible for the lock change expense. Survivors also may struggle to secure housing because new tenant screenings could negatively consider their experience as a victim or their past exercise of their rights as a victim. For example, landlords may view a survivor unfavorably – and perhaps refuse to rent to them – if the survivor previously needed to end their lease early or have their locks changed because of abuse. Survivors and survivor advocates in California agree that prohibiting landlords from rejecting rental applications because of circumstances surrounding a victimization would help more survivors secure housing. This bill would ensure clarity for property owners and protection for survivors who are searching for new housing.

The California Apartment Association expresses their position of neutrality as follows:

CAA has taken a neutral position on SB 1051, your bill that will strengthen existing law that allows tenants who are survivors of abuse or violence to change the locks on their unit following a victimization. It will also ensure that the lock change protection law includes parallel victimization experiences to those covered under survivor lease termination and eviction protections, and that documentation requirements to access lock change protections are consistent with those for other survivor tenant protections.

We agree that after experiencing abuse or violence, safe and stable housing for survivors and their family members is extremely important. No survivor should have to choose between their safety and their housing stability. For survivors who wish to stay in their rental homes and need to change their locks to stay safe, the law should be updated to protect many survivors who are eligible for other housing protections.

The California Apartment Association is the largest statewide rental housing trade association in the country, representing over 60,000 single family and multi-family apartment owners and property managers who are responsible for over 2 million affordable and market rental units throughout the State of California. We will do our part to educate rental property owners about the changes anticipated by SB 1051.

SUPPORT

California for Safety and Justice (sponsor)

Crime Survivors for Safety and Justice (sponsor)

Family Violence Appellate Project (sponsor)

National Center for Youth Law (sponsor)
Access Reproductive Justice

Bay Area Legal Aid

California Partnership to End Domestic Violence

Californians United for a Responsible Budget

Communities United for Restorative Youth Justice

Community Overcoming Relationship Abuse

Downtown Women’s Center

Ella Baker Center for Human Rights
Healthy Alternatives to Violent Environments

Housing and Economic Rights Advocates

Human Options

Legal Aid Society of San Diego

Legal Assistance for Seniors

Los Angeles Center for Law and Justice

Lumina Alliance

Prosecutors Alliance of California

Public Advocates

Public Law Center

Women’s Foundation California

Young Women’s Freedom Center

OPPOSITION

None received

RELATED LEGISLATION

Pending Legislation: None known.

Prior Legislation:

SB 1190 (Durazo, Ch. 205, Stats. 2020) Extended existing provisions of law authorizing a tenant to terminate a tenancy when the tenant or a household member is a victim of domestic violence, sexual assault, stalking, human trafficking, or elder and dependent adult abuse to also include a crime that caused bodily injury or death, the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or that included the use of force or threat of force against the victim, and expands these provisions to apply if an immediate family member of the tenant is a victim of an eligible crime, as provided.

AB 2413 (Chiu, Ch. 190, Stats. 2018) Enacted a set of provisions primarily designed to: (1) make it easier for tenants to obtain the documentation necessary to secure limited protection against eviction when they, or members of their household, have been victims of domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent abuse; and (2) ensure that landlords do not evict or otherwise penalize tenants solely because law enforcement or other emergency services have been summoned to the property to come to the aid of those tenants as victims of domestic violence, abuse, crime, or other emergencies.

AB 418 (Chiu, Ch. 70, Stats. 2015) Extended indefinitely the authorization to use documentation from a qualified third party based on information received by that third party while acting in their professional capacity, as specified, to support a notice to terminate a tenancy when the tenant or a household member becomes the victim of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or dependent adult. Reduced from 30 to 14 days the obligation of a tenant who becomes a victim, as specified, to pay rent after providing the landlord with notice to terminate the tenancy, and states that thereafter the tenant shall be released from any rent payment obligation under their lease or rental agreement without penalty.

SB 612 (Leno, Ch. 130, Stats. 2013) Extended tenant protections to victims of human trafficking. Allowed a tenant to terminate their lease upon the issuance of documentation from qualified third parties that demonstrates the tenant or a household member is seeking assistance for physical or mental injuries resulting from abuse, and prohibits landlords from disclosing information related to a tenant’s early termination based on abuse, as specified.

SB 1403 (Yee, Ch. 516, Stats. 2012) Extended existing tenant protections to victims of elder or dependent adult physical abuse. Also added protective orders to the list of qualifying documents that a tenant may provide to a landlord to substantiate early termination of a lease.

SB 782 (Yee, Ch. 626, Stats. 2010) Prohibited a landlord from terminating a tenancy based upon an act or acts of domestic violence, sexual assault, or stalking against the tenant or tenant’s household member, if the act(s) can be appropriately documented and the perpetrator is not a tenant of the same dwelling unit as the tenant. Permitted a tenant to change locks of the dwelling unit, or request the landlord to do so, as specified, if the tenant has a restraining order against another person based on that other person’s acts of domestic violence, sexual assault, or stalking against the tenant.

AB 2052 (Lieu, Ch. 440, Stats. 2008) Authorized a tenant to notify the landlord in writing that they or a household member, as defined, was a victim of an act of domestic violence, sexual assault, or stalking, as defined, and intends to terminate the tenancy. The bill required the tenant to attach a copy of a temporary restraining order or emergency protective order, or a copy of a specified written report by a peace officer, to the notice. The bill authorized the tenant to quit the premises and the tenant is discharged from payment of rent for any period following 30 days from the date of the notice, or as specified. The bill provided that the notice to terminate tenancy shall be given within 60 days, of date the order was issued or the report was made, or as specified. The provisions of the bill sunset on January 1, 2012. This bill provided that other tenants except a household member who is a victim of domestic violence, sexual assault, or stalking and members of that person’s family were not released from their obligations under the rental agreement.

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1. Alliance for Safety and Justice (2022). Crime Survivors Speak: National Survey of Victims’ Views on Safety and Justice. ↑

2. US Department of Justice, Bureau of Justice Statistics (2023). Criminal Victimization, 2022. ↑

3. Shah, et. al. (2023). Factors Influencing the Use of Domestic Violence Restraining Orders in Los Angeles. Violence Against Women, Jul; 29(9): 1604–1622; Gover, et. al. (2013) When Abuse Happens Again: Women's Reasons for Not Reporting New Incidents of Intimate Partner Abuse to Law Enforcement. Women & Crim. Justice. 23:99-120. ↑

4. Goodmark, L. (2022). Law Enforcement Experience Report: Domestic Violence Survivors’ Survey Regarding Interactions with Law Enforcement. https://www.thehotline.org/wp-content/uploads/media/2022/09/2209-Hotline-LES_FINAL.pdf. ↑

5. Vittes, K.A. and Sorenson, S.B. (2008). Restraining orders among victims of intimate partner homicide. Inj. Prev. 14: 191-195. ↑