SB 1051: Victims of abuse or violence: lock changes.

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.