Existing law governs the hiring of real property based on the terms of the agreement or on the behavior of the parties. Existing law requires a landlord to change the locks of a tenants dwelling if that tenant is a victim of abuse or violence or has an immediate family member or household member who is a victim of abuse or violence, including alleged abuse or violence, as long as the tenant is not alleged to have committed the abuse or violence. Existing law requires a tenant requesting a lock change to provide the landlord with specified documentation.

This bill would require a landlord or a landlords agent, upon request, to make best efforts to provide reasonable accommodations, as defined, to a tenant who is a victim, or whose family or household member is a victim, of specified acts, including domestic violence or sexual assault. The bill would require the landlord or landlords agent to respond to a request within 5 calendar days, days of receiving the request, except as specified. The bill would require a landlord or a landlords agent, if they receive a request for a reasonable accommodation that they cannot grant, to engage in a timely, good faith, and interactive process with the tenant to make best efforts to identify, evaluate, and implement a reasonable accommodation. The bill would authorize a landlord or a landlords agent to request certification from a tenant requesting a reasonable accommodation demonstrating the tenants or family or household members status as a victim, as specified, and would impose confidentiality requirements upon any certification or other documentation provided to a landlord or their agent, except as provided. The bill would require a landlord or a landlords agent to provide written notice whether a request has been approved. approved or denied, as specified.

Existing law prohibits a landlord from taking an adverse action, as defined, based on, among other things, a prospective tenant having previously requested to have their locks changed due to abuse or violence and provides that a landlord who violates this prohibition is liable to the tenant in a civil action for actual damages and statutory damages of not less than $100 and not more than $5,000.

This bill would prohibit a landlord or a landlords agent from retaliating against a tenant for requesting a reasonable accommodation, as specified, and would provide that a landlord or a landlords agent is may be liable to the tenant in a civil action for the same above-described damages, as provided, for a violation of any of the specified provisions described above relating to a tenants request for reasonable accommodations.

The bill would also specify that it does not require a landlord or landlords agent to undertake an action that constitutes an undue hardship, as defined, hardship on the landlord or landlords agent.

Existing law governs the hiring of real property based on the terms of the agreement or on the behavior of the parties. Existing law requires a landlord to change the locks of a tenants dwelling if that tenant is a victim of abuse or violence or has an immediate family member or household member who is a victim of abuse or violence, including alleged abuse or violence, as long as the tenant is not alleged to have committed the abuse or violence. Existing law requires a tenant requesting a lock change to provide the landlord with specified documentation.

This bill would require a landlord or a landlords agent agent, upon request, to provide reasonable accommodations, as defined, at the request of to a tenant who is a victim, or whose family or household member is a victim, of abuse or violence, as specified. specified acts, including domestic violence or sexual assault. The bill would require the landlord or landlords agent to respond to a request within 5 calendar days, except as specified. The bill would require a landlord or a landlords agent, if they receive a request for a reasonable accommodation that they cannot grant, to engage in a timely, good faith, and interactive process with the tenant to identify, evaluate, and implement a reasonable accommodation that allows the tenant to have equal enjoyment of and access to a unit. accommodation. The bill would authorize a landlord or a landlords agent to request certification from a tenant requesting a reasonable accommodation, accommodation demonstrating the tenants or family or household members status as a victim, as specified, and would impose confidentiality requirements upon any certification or other documentation provided to a landlord or their agent, except as provided. The bill would require a landlord or a landlords agent to provide written notice whether a request has been approved.

Existing law prohibits a landlord from taking an adverse action, as defined, based on, among other things, a prospective tenant having previously requested to have their locks changed due to abuse or violence and provides that a landlord who violates this prohibition is liable to the tenant in a civil action for actual damages and statutory damages of not less than $100 and not more than $5,000.

This bill would prohibit a landlord or a landlords agent from retaliating or otherwise discriminating against a tenant for requesting a reasonable accommodation, as specified, and would provide that a landlord or a landlords agent is liable to the tenant in a civil action for the same above-described damages, as provided, for a violation of any of the provisions described above relating to a tenants request for reasonable accommodations.

The bill would also specify that it does not require a landlord or landlords agent to undertake an action that constitutes an undue hardship on the landlord, as defined. hardship, as defined, on the landlord or landlords agent.

Existing law governs the hiring of real property based on the terms of the agreement or on the behavior of the parties. Existing law requires a landlord to change the locks of a tenants dwelling if that tenant is a victim of abuse or violence or has an immediate family member or household member who is a victim of abuse or violence, including alleged abuse or violence, as long as the tenant is not alleged to have committed the abuse or violence. Existing law requires a tenant requesting a lock change to provide the landlord with specified documentation.

This bill would require a landlord or a landlords agent to provide reasonable accommodations, as defined, at the request of a tenant who is a victim victim, or whose family or household member is a victim victim, of abuse or violence, as specified. The bill would require a landlord, upon receiving landlord or a landlords agent, if they receive a request for a reasonable accommodation, accommodation that they cannot grant, to engage in a timely, good faith, and interactive process with the tenant to determine an effective accommodation, taking into account any exigent circumstances or danger facing the tenant or their family member. identify, evaluate, and implement a reasonable accommodation that allows the tenant to have equal enjoyment of and access to a unit. The bill would authorize a landlord or a landlords agent to request certification from a tenant requesting a reasonable accommodation, as specified, and impose confidentiality requirements upon any certification or other documentation provided to the landlord, a landlord or their agent, except as provided. The bill would require the landlord a landlord or a landlords agent to provide written notice whether a request has been approved or denied, and, if denied, require the notice to detail the reasons for denial. approved.

Existing law prohibits a landlord from taking an adverse action, as defined, based on, among other things, a prospective tenant having previously requested to have their locks changed due to abuse or violence and provides that a landlord who violates this prohibition is liable to the tenant in a civil action for actual damages an and statutory damages of not less than $100 and not more than $5,000.

This bill would prohibit a landlord or a landlords agent from retaliating or otherwise discriminating against a tenant for requesting a reasonable accommodation, as specified, and would provide that a landlord or a landlords agent is liable to the tenant in a civil action for the same above-described damages, as provided. provided, for a violation of any of the provisions described above relating to a tenants request for reasonable accommodations.

The bill would also specify that it does not require a landlord to undertake an action that constitutes an undue hardship on the landlord, as defined.

Existing law governs the hiring of real property based on the terms of the agreement or on the behavior of the parties. Existing law requires a landlord to change the locks of a tenants dwelling if that tenant is a victim of abuse or violence or has an immediate family member or household member who is a victim of abuse or violence, including alleged abuse or violence, as long as the tenant is not alleged to have committed the abuse or violence. Existing law requires a tenant requesting a lock change to provide the landlord with specified documentation.

This bill would require a landlord to provide reasonable accommodations, as defined, at the request of a tenant who is a victim or whose family member is a victim of abuse or violence, as specified. The bill would require a landlord, upon receiving a request for a reasonable accommodation, to engage in a timely, good faith, and interactive process with the tenant to determine an effective accommodation, taking into account any exigent circumstances or danger facing the tenant or their family member. The bill would authorize a landlord to request certification from a tenant requesting a reasonable accommodation, as specified, and impose confidentiality requirements upon any certification or other documentation provided to the landlord, except as provided. The bill would require the landlord to provide written notice whether a request has been approved or denied, and, if denied, require the notice to detail the reasons for denial.

Existing law prohibits a landlord from taking an adverse action, as defined, based on, among other things, a prospective tenant having previously requested to have their locks changed due to abuse or violence and provides that a landlord who violates this prohibition is liable to the tenant in a civil action for actual damages an statutory damages of not less than $100 and not more than $5,000.

This bill would prohibit a landlord from retaliating or otherwise discriminating against a tenant for requesting a reasonable accommodation, as specified, and would provide that a landlord is liable to the tenant in a civil action for the same above-described damages, as provided.

The bill would also specify that it does not require a landlord to undertake an action that constitutes an undue hardship on the landlord, as defined.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2025 - 2026 Regular Session

AB 878 (Kalra) - Victims of abuse or violence: reasonable accommodations

Bill Summary:

SB 878 allows victims of specified crimes to request reasonable accommodation’s from their landlords.

Fiscal Impact:

Unknown, potentially significant costs to the state funded trial court system (Trial Court Trust Fund, General Fund) to adjudicate civil actions. Creating a new private cause of action that allows for the recovery of actual and statutory damages may lead to additional case filings that otherwise would not have been commenced, with attendant workload and resource costs to the court. The fiscal impact of this bill to the courts will depend on many unknowns, including the number of cases filed and the factors unique to each case. An eight-hour court day costs approximately $10,500 in staff in workload. If court days exceed 10, costs to the trial courts could reach hundreds of thousands of dollars. While the courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources and to increase the amount appropriated to backfill for trial court operations.

Background:

Survivors of domestic violence, abuse, and other crimes frequently have to navigate complex rental housing scenarios. Some may need to move quickly for safety. Others may want or need to stay put, but find that the very same violence, abuse, and crime that they have had to endure puts them at risk of losing their homes as well. Provisions in existing California law are intended to aid survivors in these scenarios. For example, survivors of domestic violence, abuse, or other serious crimes may break their lease without the usual penalties. Another law prohibits landlords from evicting tenants for nuisance if the basis for that nuisance is a specified type of violence or abuse and the tenant was the survivor.

Proposed Law:

• Defines “Authorized disclosure” as disclosure of a certification or other documentation in accordance with any of the following:
  • A requirement under federal or state law.
  • A necessity to protect a tenant’s safety in the unit;
  • A requirement to administer or implement the requested accommodation; or,
  • Upon a tenant’s explicit authorization in writing.
• Defines “Certification” as any form of documentation, as specified, evidencing abuse or violence against a tenant or a tenant’s family or household member.
• Defines “Reasonable accommodation” as an exception, change, or adjustment in rules, policies, practices, or services to afford the tenant an equal opportunity to use and enjoy a dwelling unit and public and common use areas or an equal opportunity to obtain, use, or enjoy a housing opportunity and may include, but is not limited to, any of the following:
  • A unit transfer, if available;
  • Reassignment of a parking space, if available;
  • Permission to install a doorbell camera at the tenant’s expense;
  • Permission to install a security camera inside a unit at the tenant’s expense;
  • A reasonable amount of additional time to move under the existing lease terms, if the unit has not already been rented by the landlord or landlord’s agent to a new tenant when the tenant requests a reasonable accommodation;
  • A reasonable amount of additional time to pay rent. A landlord or a landlord’s agent shall work with the tenant requesting additional time to pay rent to determine a reasonable timeframe in which the tenant shall pay rent;
  • Assistance with documenting domestic violence, sexual assault, stalking, or another act of violence that occurs on the property by providing any factual information that the landlord or landlord’s agent has collected regarding abuse or violence that the tenant experienced on the property, if any. “Assistance” shall not mean that the landlord or landlord’s agent is required to communicate with the perpetrator of violence, to gather information relating to the abuse, assault, stalking, or act of violence, or to otherwise proactively seek information or intervene regarding any incidences of domestic abuse, sexual assault, stalking, or other act of violence that occurs on the property;
  • Rescinding a previously submitted notice of intent to vacate via written request, provided that the unit has not already been rerented or legally committed to a new tenant at the time the request for an accommodation was made.
• Provides that these provisions shall not be construed to require the landlord or landlord’s agent to take either of the following actions:
  • Accept a rent payment more than 15 days after it has become due; or,
  • Accept a reduced amount of rent for a more expensive unit if the tenant has transferred to a more expensive unit.
• States that a “Request for a reasonable accommodation” means a request made in accordance with any of the following:
  • May be made in any manner, orally or in writing, or through a representative;
  • Need not include the phrase “reasonable accommodation”;
  • May be made at any time during which the requester is a tenant.
• Requires a landlord or a landlord’s agent to, upon request, make best efforts to provide a reasonable accommodation to a tenant who is a victim or whose family or household member is a victim of an act that is any of the following:
  • Domestic violence;
  • Sexual assault;
  • Stalking;
  • Human trafficking;
  • Abuse of an elder or a dependent adult;
  • A crime that caused bodily injury or death;
  • A crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument; or,
  • A crime that included the use of force against the victim or a threat of force against the victim.
• Requires the landlord or landlord’s agent to respond to any request within five calendar days of receiving the request, unless extenuating circumstances beyond the landlord’s or landlord’s agent’s control require additional time, in which case the landlord or landlord’s agent shall notify the tenant in writing of the reason for delay and provide an estimated response timeframe within five calendar days of the tenant’s request. If a landlord or a landlord’s agent receives a request for a reasonable accommodation that they cannot grant in a timely manner, the landlord or the landlord’s agent shall engage in a timely, good faith, and interactive process with the tenant to make best efforts to identify, evaluate, and implement a reasonable accommodation that allows the tenant to have equal enjoyment of and access to a unit.
• Provides that, if a landlord or a landlord’s agent denies a request for a reasonable accommodation, the landlord or the landlord’s agent shall provide written notice to the requester detailing the reason for denial of the accommodation.
• Allows the landlord or the landlord’s agent to request certification from a tenant requesting a reasonable accommodation demonstrating the tenant’s status, or the tenant’s family or household member’s status, as a victim.
• Sates that any certification or other documentation provided to a landlord or a landlord’s agent identifying a tenant or the tenant’s family or household member as a victim shall be maintained as confidential by the landlord and the landlord’s agent and shall not be disclosed by the landlord or the landlord’s agent except in an authorized disclosure.
• Requires the tenant to be given written notice before any authorized disclosure of a certification or other documentation.
• States that furnishing evidence or providing a certification does not waive any confidentiality or privilege that may exist between the tenant or tenant’s family or household member and a third party.
• States that a landlord or a landlord’s agent shall consider each request for a reasonable accommodation separately.
• Requires, if, after the landlord or the landlord’s agent has engaged in an interactive and good faith process with the tenant, the landlord or landlord’s agent denies the request, the landlord or the landlord’s agent shall provide written notice detailing reasons for denial of accommodations.
• Prohibits a landlord or a landlord’s agent from retaliating against a tenant for requesting a reasonable accommodation under this section, regardless of whether the request was granted.
• A landlord or a landlord’s agent who violates these provisions may be liable to the tenant in a civil action for both of the following:
  • Actual damages sustained by the tenant; and,
  • Statutory damages of not less than $100 and not more than $5,000.

-- END --

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2025-2026 Regular Session

Bill No: AB 878 (Author:Kalra)

Version: July 3, 2025

Hearing Date: July 15, 2025

Fiscal: No

Urgency: No

Consultant: ME

SUBJECT

Victims of abuse or violence: reasonable accommodations

DIGEST

This bill strengthens rental housing protections for survivors of domestic violence, abuse, and other serious crimes.

EXECUTIVE SUMMARY

In addition to everything else they must overcome, survivors^[1] of domestic violence, abuse, and other crimes frequently have to navigate complex rental housing scenarios. Some may need to move quickly for safety. Others may want or need to stay put, but find that the very same violence, abuse, and crime that they have had to endure puts them at risk of losing their homes as well. Provisions in existing California law are intended to aid survivors in these scenarios. For example, survivors of domestic violence, abuse, or other serious crimes may break their lease without the usual penalties. Another law prohibits landlords from evicting tenants for nuisance if the basis for that nuisance is a specified type of violence or abuse and the tenant was the survivor. The author and sponsors of this bill contend that existing protections have shortcomings and must be strengthened in order to protect survivors from further danger and also from losing their housing stability. This bill strengthens survivor tenant protections. A landlord or a landlord’s agent who violates provisions of the bill could be liable to the tenant in a civil action for actual damages sustained by the tenant and statutory damages of not less than $100 and not more than $5,000.

AB 878 is sponsored by Californians for Safety and Justice. Support comes from a broad spectrum of advocates for survivors of domestic violence and other crimes who believe the bill will prevent survivors from being further victimized through the loss of their housing. Opposition comes from the California Association of Realtors.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Requires a landlord to change the locks of a tenant’s dwelling unit upon the protected tenant’s written request, as specified, and upon the tenant giving the landlord a copy of a court order, a police report, or documentation from a qualified third party based on information that the third party received in their professional capacity, showing that the tenant, or a member of the tenant’s family or household, has been a victim of domestic violence, sexual assault, stalking, or other specified offense. (Civ. Code § 1941.5 (b) & (d).)
2. Prohibits a landlord from terminating or failing to renew a tenancy, except as specified, based on an act of abuse or violence against a tenant, a tenant’s immediate family member, or a tenant’s household member if the landlord has received documentation evidencing abuse or violence against the tenant, the tenant’s immediate family member, or the tenant’s household member. (Civ. Code § 1161.3(b).)
3. Allows a tenant to provide a landlord with written notice, as specified, that the tenant, a household member, or immediate family member was a victim of an act of domestic violence, sexual assault, stalking, human trafficking, elder abuse, or other specified crime, and that the tenant intends to terminate the tenancy. Requires the written notice to be accompanied with a copy of a protective order, a copy of a police report, or documentation from a qualified third party showing that the tenant, a household member, or an immediate family member has been a victim of a specified act of violence. (Civ. Code § 1946.7.)
4. Applies for purposes of the above the following definitions:
   1. “Household member” means a member of the tenant’s family who lives in the same residential unit as the tenant.
   2. “Immediate family member” means the parent, stepparent, spouse, child, child-in-law, stepchild, or sibling of the tenant, or any person living in the tenant’s household at the time the crime or act occurred who has a relationship with the tenant that is substantially similar to that of a family member.
   3. “Qualified third party” means a health practitioner, domestic violence counselor, sexual assault counselor, or a human trafficking caseworker, as these are defined in existing law. (Civ. Code § 1946.7(h).)

This bill:

1. Provides that this bill does not require a landlord or landlord’s agent to undertake an action that constitutes an undue hardship on the landlord, as defined by Section 12926 of the Government Code.
2. Provides that a landlord or a landlord’s agent shall, upon request, provide a reasonable accommodation to a tenant who is a victim or whose family or household member is a victim of an act that is any of the following:
3. Domestic violence defined as any of the types of abuse set forth in Family Code Section 6211.
4. Sexual assault, as defined in Sections 261, 261.5, 286, 287, or 289 of the Penal Code.
5. Stalking, as defined in Section 1708.7 of the Civil Code.
6. Human trafficking, as defined in Section 236.1 of the Penal Code.
7. Abuse of an elder or a dependent adult, as defined in Section 15610.07 of the Welfare and Institutions Code.
8. A crime that caused bodily injury or death.
9. A crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument.
10. A crime that included the use of force against the victim or a threat of force against the victim.
11. Requires the landlord or landlord's agent to respond to any request under this bill within five calendar days, unless extenuating circumstances beyond the landlord’s or landlord's agent's control require additional time, in which case the landlord or landlord's agent shall notify the tenant in writing of the reason for delay and provide an estimated response timeframe within five calendar days of the tenant's request.
12. Provides that if a landlord or a landlord’s agent receives a request for a reasonable accommodation that they cannot grant in a timely manner, the landlord or the landlord’s agent shall engage in a timely, good faith, and interactive process with the tenant to identify, evaluate, and implement a reasonable accommodation that allows the tenant to have equal enjoyment of and access to a unit. Specifies that “timely” means a response from the landlord or their agent within five calendar days.
13. Provides that the landlord or the landlord’s agent may request certification from a tenant requesting a reasonable accommodation demonstrating the tenant’s status, or the tenant’s family or household member’s status, as a victim. Provides that if the tenant has previously provided a compliant certification, the tenant has complied with this requirement. Defines “certification” to mean any form of documentation described in Civil Code Section 1941.5 (d).
14. Requires that any certification or other documentation provided to a landlord or a landlord’s agent identifying a tenant or the tenant’s family or household member as a victim shall be maintained as confidential by the landlord and the landlord’s agent and shall not be disclosed by the landlord or the landlord’s agent except in an authorized disclosure. Defines “authorized disclosure” as a disclosure of a certification or other documentation in accordance with any of the following: a requirement under federal or state law; the necessity to protect a tenant’s safety in the unit; a requirement to administer or implement the requested accommodation; or upon a tenant’s explicit authorization in writing.
15. Provides that the tenant shall be given written notice before any authorized disclosure of a certification or other documentation.
16. Specifies that furnishing evidence or providing a certification as required by this bill shall not waive any confidentiality or privilege that may exist between the tenant or tenant’s family or household member and a third party.
17. Specifies that a landlord’s or a landlord’s agent’s duty to provide reasonable accommodations is ongoing.
18. Specifies that some individuals may require only one reasonable accommodation, while others may need more than one.
19. Requires a landlord or a landlord’s agent to consider each request for a reasonable accommodation separately.
20. Requires a landlord or a landlord’s agent to provide written notice whether a request has been approved.
21. Provides that if, after the landlord or the landlord’s agent has engaged in an interactive and good faith process with the tenant, the landlord or landlord’s agent denies the request because the request would cause an undue hardship on the landlord, the landlord or the landlord’s agent shall provide written notice detailing reasons for denial of accommodations.
22. Prohibits a landlord or a landlord’s agent from retaliating against a tenant for requesting a reasonable accommodation under this bill, regardless of whether the request was granted. Specifies that “retaliate” means any adverse action taken by a landlord or a landlord’s agent against a tenant in response to a request for reasonable accommodation under bill pursuant to Civil Code Section 1942.5 (d) and consistent with other applicable state law.
23. Defines “crime” to mean a crime or public offense as set forth in Government Code Section 13951, regardless of whether any person is arrested for, prosecuted for, or convicted of committing the crime.
24. Defines “Family” as having the same meaning as “immediate family member” as defined in Civil Code Section 1946.7 (h)(3).
25. Defines “household member” as a person who resides in the same dwelling unit as the tenant, including a family member or any other lawful occupant of the unit.
26. Provides that “reasonable accommodation” means an exception, change, or adjustment in rules, policies, practices, or services to afford the tenant an equal opportunity to use and enjoy a dwelling unit and public and common use areas or an equal opportunity to obtain, use, or enjoy a housing opportunity and may include, but is not limited to, any of the following:
27. A unit transfer, if available.
28. Reassignment of a parking space, if available.
29. Permission to install a doorbell camera at the tenant’s expense.
30. Permission to install a security camera inside a unit at the tenant’s expense.
31. A reasonable amount of additional time to move under the existing lease terms, if the unit has not already been rented by the landlord or landlord’s agent to a new tenant when the tenant requests a reasonable accommodation.
32. A reasonable amount of additional time to pay rent. A landlord or a landlord’s agent shall work with the tenant requesting additional time to pay rent to determine a reasonable timeframe in which the tenant shall pay rent.
33. Assistance with documenting domestic violence, sexual assault, stalking, or another act of violence that occurs on the property by providing any factual information that the landlord or landlord’s agent has collected regarding abuse or violence that the tenant experienced on the property, if any. Specifies that “assistance” shall not mean that the landlord or landlord’s agent is required to communicate with the perpetrator of violence, to gather information relating to the abuse, assault, stalking, or act of violence, or to otherwise proactively seek information or intervene regarding any incidences of domestic abuse, sexual assault, stalking, or other act of violence specified in 2), above, that occurs on the property.
34. Rescinding a previously submitted notice of intent to vacate via written request, provided that the unit has not already been rerented or legally committed to a new tenant at the time the request for an accommodation was made.
35. Provides that nothing in 18), above, shall be construed to require the landlord or landlord’s agent to take either of the following actions if doing so would cause the landlord or landlord’s agent undue hardship:
36. accept a rent payment more than 15 days after it has become due; or
37. accept a reduced amount of rent for a more expensive unit if the tenant has transferred to a more expensive unit.
38. Specifies that “request for a reasonable accommodation” means a request made in accordance with any of the following: May be made in any manner, orally or in writing, or through a representative; Need not include the phrase “reasonable accommodation;” May be made at any time, including, but not limited to, during the inquiry or application process before a lease is signed during a tenancy or occupancy of a unit during litigation at or after trial, and after judgment, in appropriate circumstances.
39. Provides that a landlord or a landlord’s agent who violates this bill shall be liable to the tenant in a civil action for actual damages sustained by the tenant and statutory damages of not less than $100 and not more than $5,000.
40. Specifies that these remedies shall be in addition to any other remedy provided by law and that the rights, remedies, and penalties established by this bill shall not be construed to supersede the rights, remedies, or penalties established under other laws, including, but not limited to, the California Fair Employment and Housing Act, Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, the Unruh Civil Rights Act, the federal Fair Housing Act, and any implementing regulations thereunder.

COMMENTS

1. Background on legislative efforts to protect tenant survivors of violence or abuse

Survivors of violent crime, domestic violence, sexual assault, stalking, human trafficking, and elder and dependent adult abuse face numerous challenges when seeking to regain control of their lives. 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.^[2] The Legislature has recognized that survivors of these crimes who rent their homes face additional obstacles. In some cases the survivor may need to move away quickly to a safer location, but is subject to a lease that binds them to their current residence. In other scenarios, the survivor may want or need to stay in their home, but finds themselves at risk of eviction on account of the very violence or abuse that the survivor has endured. In order to aid survivors facing these scenarios, the Legislature has established two provisions in law. Civil Code Section 1946.7 gives survivors of violence and abuse the option of terminating a lease early and moving out. Code of Civil Procedure Section 1161.3 prevents a landlord from terminating a tenancy or evicting a tenant on account of specified forms of crime and abuse if the perpetrator of the crime or abuse is not another tenant of the unit and the tenant provides specified documentation verifying that the tenant was the victim of what occurred.

These two provisions have their origins in legislation enacted over a decade ago. Since then, both provisions have evolved to their present form through a series of additions and revisions. (See Prior Legislation, below, for details of this evolution.) Among other things, these changes have expanded the types of violence or abuse that give rise to the protections, authorized the use of a wider variety of evidence to document that the violence or abuse took place, and ensured the confidentiality of the documentation used.

This bill may be seen as the latest iteration in this evolutionary process. The advocates for survivors of violence and abuse who are sponsoring this bill see shortcomings in the existing law that cause it to fail to protect survivors in many instances. The bill is intended to shore up those shortcomings, thus improving upon California’s legal regime for aiding those who have endured violence or abuse.

In general, the establishment and evolution of these provisions has been typified by collaborative, if occasionally adversarial, conversations between the landlord community and advocates for survivors, fueled by a common conviction that survivors should not suffer additional harm related to their rental housing merely because they have endured violence and abuse, coupled with a recognition that these scenarios place landlords, neighbors, and households in often difficult and delicate positions through no fault of their own.

1. Facilitating survivors’ safety

As it exists today, California law requires a landlord to change the locks of a tenant’s dwelling unit upon the protected tenant’s written request, and upon the tenant giving the landlord a copy of a court order, a police report, or documentation from a qualified third party based on information that the third party received in their professional capacity, showing that the tenant, or a member of the tenant’s family or household, has been a victim of domestic violence, sexual assault, stalking, or other specified offense. (Civ. Code § 1941.5 (b) & (d).) California law also prohibits a landlord from terminating or failing to renew a tenancy, except in limited circumstances, based on an act of abuse or violence against a tenant, a tenant’s immediate family member, or a tenant’s household member if the landlord has received documentation evidencing abuse or violence against the tenant, the tenant’s immediate family member, or the tenant’s household member. (Civ. Code § 1161.3(b).) California law also allows a tenant to provide a landlord with written notice that the tenant, a household member, or immediate family member was a victim of an act of domestic violence, sexual assault, stalking, human trafficking, elder abuse, or other specified crime, and that the tenant intends to terminate the tenancy. The written notice must be accompanied with a copy of a protective order, a copy of a police report, or documentation from a qualified third party showing that the tenant, a household member, or immediate family member has been a victim of a specified act of violence. (Civ. Code § 1946.7.)

AB 878 would add additional provisions in the law to help keep survivors safe and housed. This bill strengthens survivor tenant protections by requiring that a landlord or a landlord’s agent shall, upon request, provide a reasonable accommodation to a tenant who is a victim or whose family or household member is a victim of domestic violence, sexual assault, stalking, human trafficking, and other specified crimes. A landlord or a landlord’s agent who violates provisions of the bill would be liable to the tenant in a civil action for actual damages sustained by the tenant and statutory damages of not less than $100 and not more than $5,000.

According to the author:

Domestic violence is a highly disruptive force, capable of completely upending its victims’ lives. Aside from directly traumatizing victims, it often makes it unsafe for them to remain in their current residences, forcing them to move or become unhoused. While shelters can step in and provide stopgap housing for some survivors, the number of survivors in need of assistance far exceeds the capacity of existing shelter facilities.

To address this issue, AB 878 will allow survivors of violence and their family members to request reasonable safety accommodations from their landlords. These accommodations can include unit transfers, parking changes, additional time to move, additional time to pay rent, and permission to install a doorbell camera. By establishing this process, AB 878 will give survivors the tools they need to safely remain in their homes, offering them critical stability as they recover from the violence they have experienced.

As sponsor of the bill, Californians for Safety and Justice writes:

This important legislation will allow victims of violence and abuse to stay safe by requesting reasonable accommodations from their landlords, such as doorbell camera installation, unit transfer, or parking spot change. While California has made significant efforts to reduce barriers to protective accommodations for survivors of violence, gaps remain. AB 878 provides necessary protections to allow victims of violence to be safe in their home.

For the millions of Californians who are survivors of abuse or violence, housing stability is essential to ensure their physical, mental and emotional wellbeing. Having safe and stable housing supports healing in the wake of victimization and helps survivors avoid further victimization. Unfortunately, many survivors face insurmountable barriers in securing and maintaining safe housing, leaving them vulnerable. For example, a national survey conducted by The National Center on Family Homelessness, found that for half of women experiencing homelessness, domestic violence was the immediate cause. Additionally, individuals who lack stable housing are four times more likely to experience domestic violence, and many survivors are denied shelter due to overburdened resources. No survivor should have to choose between their safety and their housing stability.

Recognizing the critical link between housing stability and safety, the legislature has taken steps in recent years to strengthen protections for crime victims who are renters, including ensuring that survivors can break a lease early to escape violence (Cal Civil Code §§1946.7), avoid eviction due to abuse (Cal Civ. Proc. Code §§1161.3, 1175.27), and change their locks (Cal Civil Code §§1941.5, 1941.6). However, for those who wish to remain in their homes or create safety in a new home, the law fails to provide the necessary protections and accommodations to ensure their continued safety. The current gap in housing protections leaves survivors of violence vulnerable to further harm, housing insecurity, and potential retaliation from housing providers.

The Mechoopda Indian Tribe of Chico Rancheria writes the following in support of the bill:

[ . . .] AB 878 provides necessary protections to allow victims of violence to be safe in their home.

As a sovereign Native Nation, we hold the safety and well-being of our citizens as a sacred responsibility. Violence—particularly domestic violence, sexual assault, and stalking—continues to affect Native communities at disproportionately high rates, and it is our duty to stand behind policies that protect survivors and promote healing.

For our people, home is more than a structure—it is a place of connection, identity, and spiritual grounding. No one should be forced to leave their home in order to escape violence. This legislation reflects the values we have always upheld: protection of the vulnerable, respect for individual dignity, and the strengthening of community.

For the millions of Californians who are survivors of abuse or violence, housing stability is essential to ensure their physical, mental and emotional wellbeing. Having safe and stable housing supports healing in the wake of victimization, and helps survivors avoid further victimization. Unfortunately, many survivors face insurmountable barriers in securing and maintaining safe housing, leaving them vulnerable. [ . . . ]

3. Other stakeholder positions

The California Apartment Association has a neutral position on the bill as proposed to be amended in Committee.

The California Association of Realtors is opposed to the bill in print and as of the publishing of this analysis has not changed their position on the bill. Their main concerns with the bill in print is the private right of action and the possibility that a landlord would have to accept rent that is beyond five days past due. The author has agreed to take amendments in Committee that will substantially alter the private right of action. Those amendments are reflected in the mock up at the end of this analysis. The author has agreed to also take amendment that make it clear that a landlord must make their best efforts to provide a reasonable accommodation. The bill in print specifies that a landlord shall, upon request, provide a reasonable accommodation. The amendments also make it clear that a landlord is not required to accept a rent payment more than 15 days after it has become due.

a. Reasonable accommodation

This bill has been amended to define what could constitute a “reasonable accommodation.” This bill specifies that a “reasonable accommodation” means an exception, change, or adjustment in rules, policies, practices, or services to afford the tenant an equal opportunity to use and enjoy a dwelling unit and public and common use areas or an equal opportunity to obtain, use, or enjoy a housing opportunity and may include, but is not limited to, any of the following:

(i) A unit transfer, if available.

(ii) Reassignment of a parking space, if available.

(iii) Permission to install a doorbell camera at the tenant’s expense.

(iv) Permission to install a security camera inside a unit at the tenant’s expense.

(v) A reasonable amount of additional time to move under the existing lease terms, if the unit has not already been rented by the landlord or landlord’s agent to a new tenant when the tenant requests a reasonable accommodation.

(vi) A reasonable amount of additional time to pay rent. A landlord or a landlord’s agent shall work with the tenant requesting additional time to pay rent to determine a reasonable timeframe in which the tenant shall pay rent.

(vii) Assistance with documenting domestic violence, sexual assault, stalking, or another act of violence as specified in subdivision (b) that occurs on the property by providing any factual information that the landlord or landlord’s agent has collected regarding abuse or violence that the tenant experienced on the property, if any. “Assistance” shall not mean that the landlord or landlord’s agent is required to communicate with the perpetrator of violence, to gather information relating to the abuse, assault, stalking, or act of violence, or to otherwise proactively seek information or intervene regarding any incidences of domestic abuse, sexual assault, stalking, or other act of violence, as specified, that occurs on the property.

(viii) Rescinding a previously submitted notice of intent to vacate via written request, provided that the unit has not already been rerented or legally committed to a new tenant at the time the request for an accommodation was made.

The author has agreed to amendments to further clarify that “a landlord or landlord’s agent shall, upon request, make best efforts to provide a reasonable accommodation to a tenant who is a victim or whose family or household member is a victim” of specified crimes. A landlord is not required to agree to the particular accommodation that is requested by the tenant. Additionally, the landlord is not required to undertake an action that constitutes an undue hardship on the landlord.

b. Enforcement mechanism

According to advocates for survivors the bill has an enforcement mechanism to ensure landlords adhere to the provisions of the bill. Specifically, the bill in print would subject a landlord who is in violation of any provision of the bill to liability. A landlord or a landlord’s agent who violates the bill would be liable to the tenant in a civil action for actual damages sustained by the tenant and statutory damages of not less than $100 and not more than $5,000. These penalties apply to any violation of the bill, including for example, failing to respond to the tenant’s request within 5 days without extenuating circumstances. Since “extenuating circumstances” is not defined in the bill there might not be a meeting of minds between a tenant and a landlord with regard to what constitutes an “extenuating circumstance” and the matter would need to be resolved in court and could subject the landlord to mandatory penalties.

The author has agreed to amendments that make it clear that a court may award damages and penalties and that the damages and penalties are not mandatory. Additionally, the amendments specify that a landlord is not required to grant an accommodation, instead the amendments require the landlord to make best efforts to provide a reasonable accommodation. Damages and civil penalties are prohibited if complying with provisions of the bill would constitute an undue hardship on the landlord.

SUPPORT

Californians for Safety and Justice

Alianza Translatinx

Black Women for Wellness Action Project

Cahuilla Consortium

California Partnership to End Domestic Violence

California Rural Legal Assistance Foundation

Choose Your Path Foundation

East Bay Community Law Center

Ella Baker Center for Human Rights

Empower Tehama

Fair Housing Advocates of Northern California

Family Violence Appellate Project

Family Violence Law Center

Healthy Alternatives to Violent Environments

Housing and Economic Rights Advocates

Housing Opportunities Mean Everything Cohort

Human Options

Iipay Nation of Santa Ysabel

Initiate Justice

Jenesse Center

Mechoopda Indian Tribe of Chico Rancheria

Messaging for Success

National Housing Law Project

Public Advocates

So'oh-Shinálí Sister Project

Starting Over, Inc.

Starting Over Strong

Strong Hearted Native Women's Coalition, Inc.

Youth Alliance

OPPOSITION

California Association of Realtors

Southern California Rental Housing Association

RELATED LEGISLATION

Pending Legislation: None known.

Prior Legislation:

SB 1051 (Eggman, Ch. 75, Stats. 2024) protected 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. The bill expanded the list of professionals who can certify that the abuse occurred that triggers the protections under the bill. SB 1051 also prohibited a landlord or potential landlord from taking adverse action against the tenant or prospective tenant for exercising their rights under the bill.

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.

PRIOR VOTES:

Assembly Floor (Ayes 60, Noes 3)

Assembly Judiciary Committee (Ayes 9, Noes 1)

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

MOCK-UP OF PROPOSED AMENDMENTS TO AB 878 (KALRA)^[3]

SECTION 1.

 Section 1941.5.1 is added to the Civil Code, to read:

1941.5.1.

 (a) For the purposes of this section, the following definitions apply:

(1) “Authorized disclosure” means disclosure of a certification or other documentation in accordance with any of the following:

(A) A requirement under federal or state law.

(B) A necessity to protect a tenant’s safety in the unit.

(C) A requirement to administer or implement the requested accommodation.

(D) Upon a tenant’s explicit authorization in writing.

(2) “Certification” means any form of documentation described in subdivision (d) of Section 1941.5 evidencing abuse or violence against a tenant or a tenant’s family or household member.

(3) “Crime” means a crime or public offense as set forth in Section 13951 of the Government Code, regardless of whether any person is arrested for, prosecuted for, or convicted of committing the crime.

(4) “Domestic violence” means any of the types of abuse set forth in Section 6211 of the Family Code.

(5) “Family” has the same meaning as “immediate family member” is defined in paragraph (3) of subdivision (h) of Section 1946.7.

(6) “Household member” means a person who resides in the same dwelling unit as the tenant, including a family member or any other lawful occupant of the unit.

(7) (A) “Reasonable accommodation” means an exception, change, or adjustment in rules, policies, practices, or services to afford the tenant an equal opportunity to use and enjoy a dwelling unit and public and common use areas or an equal opportunity to obtain, use, or enjoy a housing opportunity and may include, but is not limited to, any of the following:

(i) A unit transfer, if available.

(ii) Reassignment of a parking space, if available.

(iii) Permission to install a doorbell camera at the tenant’s expense.

(iv) Permission to install a security camera inside a unit at the tenant’s expense.

(v) A reasonable amount of additional time to move under the existing lease terms, if the unit has not already been rented by the landlord or landlord’s agent to a new tenant when the tenant requests a reasonable accommodation.

(vi) A reasonable amount of additional time to pay rent. A landlord or a landlord’s agent shall work with the tenant requesting additional time to pay rent to determine a reasonable timeframe in which the tenant shall pay rent.

(vii) Assistance with documenting domestic violence, sexual assault, stalking, or another act of violence as specified in subdivision (b) that occurs on the property by providing any factual information that the landlord or landlord’s agent has collected regarding abuse or violence that the tenant experienced on the property, if any. “Assistance” shall not mean that the landlord or landlord’s agent is required to communicate with the perpetrator of violence, to gather information relating to the abuse, assault, stalking, or act of violence, or to otherwise proactively seek information or intervene regarding any incidences of domestic abuse, sexual assault, stalking, or other act of violence specified in subdivision (b) that occurs on the property.

(viii) Rescinding a previously submitted notice of intent to vacate via written request, provided that the unit has not already been rerented or legally committed to a new tenant at the time the request for an accommodation was made.

(B) Nothing in this paragraph shall be construed to require the landlord or landlord’s agent to take either of the following actions if doing so would cause the landlord or landlord’s agent undue hardship:

(i) Accept a rent payment more than 15 days after it has become due.

(ii) Accept a reduced amount of rent for a more expensive unit if the tenant has transferred to a more expensive unit.

(8) “Request for a reasonable accommodation” means a request made in accordance with any of the following:

(A) May be made in any manner, orally or in writing, or through a representative.

(B) Need not include the phrase “reasonable accommodation.”

(C) May be made at any time while the requester is a tenant., including, but not limited to, the following:

(i) During the inquiry or application process.

(ii) Before a lease is signed.

(iii) During a tenancy or occupancy of a unit.

(iv) During litigation.

(v) At or after trial.

(vi) After judgment, in appropriate circumstances.

(9) “Retaliate” means any adverse action taken by a landlord or a landlord’s agent against a tenant in response to a request for reasonable accommodation under this section pursuant to subdivision (d) of Section 1942.5 and consistent with other applicable state law.

(10) “Timely” means a response from the landlord or their agent within five calendar days.

(b) A landlord or a landlord’s agent shall, upon request, make best efforts to provide a reasonable accommodation to a tenant who is a victim or whose family or household member is a victim of an act that is any of the following:

(1) Domestic violence.

(2) Sexual assault, as defined in Section 261, 261.5, 286, 287, or 289 of the Penal Code.

(3) Stalking, as defined in Section 1708.7.

(4) Human trafficking, as defined in Section 236.1 of the Penal Code.

(5) Abuse of an elder or a dependent adult, as defined in Section 15610.07 of the Welfare and Institutions Code.

(6) A crime that caused bodily injury or death.

(7) A crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument.

(8) A crime that included the use of force against the victim or a threat of force against the victim.

(c) The landlord or landlord's agent shall respond to any request under this section within five calendar days of receipt of the request, unless extenuating circumstances beyond the landlord’s or landlord's agent's control require additional time, in which case the landlord or landlord's agent shall notify the tenant in writing of the reason for delay and provide an estimated response timeframe within five calendar days of the tenant's request.

(d) If a landlord or a landlord’s agent receives a request for a reasonable accommodation that they cannot grant in a timely manner, the landlord or the landlord’s agent shall engage in a timely, good faith, and interactive process with the tenant to make best efforts to identify, evaluate, and implement a reasonable accommodation that allows the tenant to have equal enjoyment of and access to a unit. If the requested accommodation is denied, the landlord or the landlord’s agent shall provide written notice detailing the reason for denial of the accommodation.

(e) The landlord or the landlord’s agent may request certification from a tenant requesting a reasonable accommodation pursuant to this subdivision demonstrating the tenant’s status, or the tenant’s family or household member’s status, as a victim. If the tenant has previously provided a compliant certification, the tenant has complied with this subdivision.

(1) Any certification or other documentation provided to a landlord or a landlord’s agent identifying a tenant or the tenant’s family or household member as a victim shall be maintained as confidential by the landlord and the landlord’s agent and shall not be disclosed by the landlord or the landlord’s agent except in an authorized disclosure.

(2) The tenant shall be given written notice before any authorized disclosure of a certification or other documentation pursuant to this subdivision.

(3) Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the tenant or tenant’s family or household member and a third party.

(f) A landlord’s or a landlord’s agent’s duty to make best efforts to provide reasonable accommodations is an ongoing one. Some individuals may require only one reasonable accommodation, while others may need more than one. A landlord or a landlord’s agent shall consider each request for a reasonable accommodation under this section separately under the standards in this section.

(g) A landlord or a landlord’s agent shall provide written notice whether a request has been approved or denied. If, after the landlord or the landlord’s agent has engaged in an interactive and good faith process with the tenant, the landlord or landlord’s agent denies the request because the request would cause an undue hardship on the landlord pursuant to subdivision (j), the landlord or the landlord’s agent shall provide written notice detailing reasons for denial of accommodations.

(h) A landlord or a landlord’s agent shall not retaliate against a tenant for requesting a reasonable accommodation under this section, regardless of whether the request was granted.

(i) (1) A landlord or a landlord’s agent who violates paragraphs (b), (c), (d), (g), or (h) of this section shall may be liable to the tenant in a civil action for both of the following:

(A) Actual damages sustained by the tenant.

(B) Statutory damages of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000).

(2) The remedies provided by this subdivision shall be in addition to any other remedy provided by law. The rights, remedies, and penalties established by this section shall not be construed to supersede the rights, remedies, or penalties established under other laws, including, but not limited to, the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, the Unruh Civil Rights Act (Section 51 of the Civil Code 51), the federal Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), and any implementing regulations thereunder.

(j) This section does not require a landlord or landlord’s agent to undertake an action that constitutes an undue hardship on the landlord., as defined by Section 12926 of the Government Code.

1. The target of violence or abuse is certainly a victim of it, in the sense that the target bears no culpability for what has occurred. However, the term “victim” of abuse or violence can be taken to imply passivity or weakness in the face of what has occurred. To emphasize the strength and resiliency involved, advocates for those who have endured violence or abuse often prefer the term “survivor.” Respecting that preference, this analysis uses the term survivor predominantly. Where the term victim is used instead, no distinction in meaning is intended. ↑

2. Alliance for Safety and Justice, Crime Survivors Speak: National Survey of Victims’ Views on Safety and Justice (2022) available at: https://allianceforsafetyandjustice.org/wp-content/uploads/2022/09/Alliance-for-Safety-and-Justice-Crime-Survivors-Speak-September-2022.pdf [as of July 9, 2025]. ↑

3. Amendments are reflected in strike outs and underlines and are subject to nonsubstantive changes recommended by the Office of Legislative Counsel. ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 878

Author:(Kalra)

As Introduced Ver:June 2, 2025

Majority vote

SUMMARY

Requires a landlord to honor a tenant's request for a reasonable accommodation, as defined, if the tenant, or a member of the tenant's family, is a victim of domestic violence, sexual assault, or other specified violent crimes or acts.

Major Provisions

1. Requires a landlord or landlord's agent to provide a reasonable accommodation, as defined, if it receives a request from a tenant who is a victim or whose family or household member, as defined, is a victim of domestic violence, sexual assault, stalking, human trafficking, elder abuse, or other specified violent crimes.
2. Defines "reasonable accommodation" for purposes of the above to include, but is not limited to, the following:
   1. A unit transfer, if available.
   2. Reassignment of a parking space, if available.
   3. Permission to install a doorbell camera.
   4. Permission to install an internal security camera inside a unit at tenant's expense.
   5. Reasonable additional time to move, as specified.
   6. Reasonable additional time to pay rent, as specified.
   7. Assistance with documenting the relevant violent act that occurs on the property.
   8. Rescinding a move-in order.
3. Requires the landlord or the landlord's agent, if they receive a request for a reasonable accommodation, to engage in a timely, good faith, and interactive process with the tenant to determine an effective reasonable accommodation.
4. Permits the landlord to request certification, as defined, from a tenant that demonstrates the tenant's status, or family member's status, as a victim.
5. Defines "family or household member for purposes of the above to mean, among others, a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as defined.
6. Requires the landlord to provide written notice whether a request has been approved, as specified.
7. Prohibits a landlord from retaliating or otherwise discriminating against a tenant for requesting a reasonable accommodation, regardless of whether the request was granted. Makes a landlord who violates this provision liable for a civil action for actual damages or statutory damages, as specified.
8. Specifies that the requirements listed above do not require a landlord to undertake an action that constitutes an undue hardship, as defined.

COMMENTS

Tenants, domestic violence, and recent legislation. Tenants who are victims of domestic violence confront a number of difficult situations that go beyond the trauma of the violence itself. For example, prior to recent changes in the law, when the violent environment created a nuisance or threatened other tenants, the victim could, along with the abuser, face the prospect of eviction. Other times the tenant may find that the only way to escape a violent or abusive situation is to move out quickly, even though breaking the lease could result in losing security deposits or rent already paid. In response to these dilemmas, the Legislature has enacted several protections for such tenants. For example, existing law prohibits a landlord from evicting a tenant for committing a nuisance because the tenant has been a victim of domestic violence, unless the tenant voluntarily allows the perpetrator of the violence to reside in the residential unit. (Code of Civil Procedure Section 1161.3.)

In addition, existing law permits a tenant to notify a landlord that the tenant, a household member, or an immediate family member is the victim of a violent or criminal act and that, because of this, the victim must terminate the tenancy. Existing law ensures that, if this happens, the victim is not deemed to have violated the lease and ensures that the tenant will not sacrifice a security deposit or rent that has already been paid. This law originally required the tenant to document that they were the victim of a violent or criminal act by providing a court order or a police report; but recently enacted legislation allow the tenant to use other forms of evidence, such as documentation from a third-party professional from whom the victim sought assistance, such as a health practitioner, domestic violence counselor, sexual assault counselor, or a human trafficking caseworker. (Civil Code Section 1946.7.)

Finally, and perhaps most similar to this bill, existing law requires a landlord to change the locks – at the landlord's expense – if requested to do so by a tenant, so long as the tenant can document that the tenant, or a member of the tenant's household, has been a victim of domestic violence, sexual assault, or a similar violent crime or act. As with other protections afforded to tenants who are victims of domestic violence, this law was recently amended to expand the definition of an "eligible tenant" as well as the kinds of documentation that an eligible tenant can use to demonstrate that they, or a family or household member, has been a victim. (Civil Code Section 1941.5, as amended most recently by SB 1051 (Eggman), Chapter 75, Statutes of 2024.

This bill would require a landlord to honor a request from a tenant for a "reasonable accommodation" if the tenant, or a member of the tenant's family or household, is a victim of violence, sexual assault, or other specified violent crime or act. The bill would define a "reasonable accommodation" as a tenant request for, among other things, permission to install a doorbell camera or internal security camera, reassignment of dwelling units or parking spaces, additional time to move or pay rent, and assistance in documenting the act or acts that gave rise to the requested accommodation. The bill would require the landlord, upon receiving such a request, to engage in good faith with the tenant to work out a reasonable and effective accommodation. The bill does not require the landlord to grant any request that the tenant might ask for. Moreover, the tenant must provide evidence showing that the tenant, or a member of the tenant's family or household, was a victim of domestic violence or another qualifying act of violence. Additionally, the accommodation must be "reasonable," and the bill expressly states that the landlord is not required to do anything that creates an "undue hardship," as the term is already defined and well understood in existing law.

According to the Author

Domestic violence is a highly disruptive force, capable of completely upending its victims' lives. Aside from directly traumatizing victims, it often makes it unsafe for them to remain in their current residences, forcing them to move or become unhoused. While shelters can step in and provide stopgap housing for some survivors, the number of survivors in need of assistance far exceeds the capacity of existing shelter facilities.

To address this issue, AB 878 will allow survivors of violence and their family members to request reasonable safety accommodations from their landlords. These accommodations can include doorbell camera installation, unit transfers, parking changes, additional time moving, and additional time to pay rent. By establishing this process, AB 878 will give survivors the tools they need to safely remain in their homes, offering them critical stability as they recover from the violence they have experienced.

Arguments in Support

According to the Home Opportunities Mean Everything (HOME) Cohort, an advocacy group that addresses the intersection between homelessness and domestic violence, AB 878 will "allow victims of violence and abuse to stay safe by requesting reasonable accommodations from their landlords, such as doorbell camera installation, unit transfer, or parking spot change." While HOME concedes that "California has made significant efforts to reduce barriers to protective accommodations for survivors of violence, gaps remain." HOME believes that "AB 878 provides necessary protections to allow victims of violence to be safe in their home." More broadly, HOME points out that for "the millions of Californians who are survivors of abuse or violence, housing stability is essential to ensure their physical, mental and emotional wellbeing. Having safe and stable housing supports healing in the wake of victimization, and helps survivors avoid further victimization." HOME notes that the Legislature has already recognized this "critical link between housing stability and safety" by enacting laws that allow tenants who are victims of domestic violence to terminate tenancies quickly, avoid eviction because of the actions of the abuser, and ask landlords to change locks.

However, HOME argues, "for those who wish to remain in their homes or create safety in a new home, the law fails to provide the necessary protections and accommodations to ensure their continued safety." HOME believes that AB 878 will fill that gap by allowing "tenants who are victims of violence to request reasonable accommodations from their landlord to ensure their equal opportunity to use and enjoy the unit. The reasonable accommodation provisions in this bill," HOME adds, "are similar to existing protections in employment law." HOME concludes that in a "time when one in nine women killed by an intimate partner had an active restraining order and many faced retaliation despite these orders, AB 878 provides urgent, practical protections."

Arguments in Opposition

The California Apartment Association (CAA) notes that it has "long supported legislative efforts to protect victims of domestic violence and to ensure their safety." However, CAA opposes AB 878 unless amended over concerns that the bill will create "ambiguity and lacks necessary clarifications." Specifically, CAA calls for a number of amendments, which can be placed into three categories.

First, CAA believes that the term "reasonable accommodation" creates ambiguity due to its use in other contexts, including its association with other state and federal laws in the context of persons with disabilities. CAA suggests using the term "equitable consideration" instead.

Second, CAA believes that the bill's current list of "reasonable accommodations" needs clarification. As examples, CAA points to questions about who is responsible for the cost of camera installation, the impact that cameras might have on the privacy of other tenants, and the absence of any limits on the additional time that may be requested by the tenant to move or pay rent.

Third, CAA also raises questions about what is expected in the requirement that the landlord provide "assistance" in documenting domestic violence. CAA notes that landlords are not law enforcement officers nor mediators in domestic violence disputes. While CAA agrees that landlords could certainly provide "factual information" regarding incidents that occur on the property, CAA insists that they should not be required to communicate with the perpetrator of the violence, gather evidence of investigate the dispute, or mediate disputes between tenants.

FISCAL COMMENTS

None

VOTES

ASM JUDICIARY: 9-1-2

YES: Kalra, Bauer-Kahan, Bryan, Connolly, Harabedian, Pacheco, Papan, Stefani, Zbur

NO: Essayli

ABS, ABST OR NV: Dixon, Sanchez

UPDATED

VERSION: June 2, 2025

CONSULTANT: Tom Clark / JUD. / (916) 319-2334 FN: 0000952

ASSEMBLY THIRD READING

ATR Bill Id:AB 878

Author:(Kalra)

As Introduced Ver:February 19, 2025

Majority vote

SUMMARY

Requires a landlord to honor a tenant's request for a reasonable accommodation, as defined, if the tenant, or a member of the tenant's family, is a victim of domestic violence, sexual assault, or other specified violent crimes or acts.

Major Provisions

1. Requires a landlord to provide a reasonable accommodation, as defined, at the request of a tenant who is a victim or whose family member, as defined, is a victim of domestic violence, sexual assault, stalking, human trafficking, elder abuse, or other specified violent crimes.
2. Defines "reasonable accommodation" for purposes of the above to include, but is not limited to, the following:
   1. A unit transfer.
   2. Reassignment of a parking space.
   3. Installation of a doorbell camera.
   4. Installation of a security camera inside a unit.
   5. Additional time to move.
   6. Additional time to pay rent.
   7. Assistance with documenting the relevant violent act that occurs on the property.
   8. Rescinding a move-in order.
3. Requires the landlord, upon receiving a request for a reasonable accommodation, to engage in a timely, good faith, and interactive process with the tenant to determine an effective reasonable accommodation.
4. Permits the landlord to request certification from a tenant that demonstrates the tenant's status, or family member's status, as a victim. Certification may include any verbal or written statement, police or court record, or other documentation showing abuse or violence against the tenant or a tenant's family member. Requires the landlord to keep any information thereby obtained confidential.
5. Defines "family member" for purposes of the above to mean a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as defined, or a "designated person." Defines "designated person," in turn, to mean any individual related by blood or whose association with the tenant is the equivalent of a family relationship. Allows the tenant to identify the designated person when requesting a reasonable accommodation.
6. Requires the landlord to provide written notice whether a request has been approved or denied, and if the request is denied the written notice shall detail the reasons for the denial.
7. Prohibits a landlord from retaliating or otherwise discriminating against a tenant for requesting a reasonable accommodation, regardless of whether the request was granted. Makes a landlord who violates this provision liable for a civil action for actual damages or statutory damages, as specified.
8. Specifies that the requirements listed above do not require a landlord to undertake an action that constitutes an undue hardship, as defined.

COMMENTS

Tenants, domestic violence, and recent legislation. Tenants who are victims of domestic violence confront a number of difficult situations that go beyond the trauma of the violence itself. For example, prior to recent changes in the law, when the violent environment created a nuisance or threatened other tenants, the victim could, along with the abuser, face the prospect of eviction. Other times the tenant may find that the only way to escape a violent or abusive situation is to move out quickly, even though breaking the lease could result in losing security deposits or rent already paid. In response to these dilemmas, the Legislature has enacted several protections for such tenants. For example, existing law prohibits a landlord from evicting a tenant for committing a nuisance because the tenant has been a victim of domestic violence, unless the tenant voluntarily allows the perpetrator of the violence to reside in the residential unit. (Code of Civil Procedure Section 1161.3.)

In addition, existing law permits a tenant to notify a landlord that the tenant, a household member, or an immediate family member is the victim of a violent or criminal act and that, because of this, the victim must terminate the tenancy. Existing law ensures that, if this happens, the victim is not deemed to have violated the lease and ensures that the tenant will not sacrifice a security deposit or rent that has already been paid. This law originally required the tenant to document that they were the victim of a violent or criminal act by providing a court order or a police report; but recently enacted legislation allow the tenant to use other forms of evidence, such as documentation from a third-party professional from whom the victim sought assistance, such as a health practitioner, domestic violence counselor, sexual assault counselor, or a human trafficking caseworker. (Civil Code Section 1946.7.)

Finally, and perhaps most similar to this bill, existing law requires a landlord to change the locks – at the landlord's expense – if requested to do so by a tenant, so long as the tenant can document that the tenant, or a member of the tenant's household, has been a victim of domestic violence, sexual assault, or a similar violent crime or act. As with other protections afforded to tenants who are victims of domestic violence, this law was recently amended to expand the definition of an "eligible tenant" as well as the kinds of documentation that an eligible tenant can use to demonstrate that they, or a family or household member, has been a victim. (Civil Code Section 1941.5, as amended most recently by SB 1051 (Eggman), Chapter 75, Statutes of 2024.

This bill would require a landlord to honor a request from a tenant for a "reasonable accommodation" if the tenant, or a member of the tenant's family or household, is a victim of violence, sexual assault, or other specified violent crime or act. The bill would define a "reasonable accommodation" as a tenant request for, among other things, permission to install a doorbell camera or internal security camera, reassignment of dwelling units or parking spaces, additional time to move or pay rent, and assistance in documenting the act or acts that gave rise to the requested accommodation. The bill would require the landlord, upon receiving such a request, to engage in good faith with the tenant to work out a reasonable and effective accommodation. The bill does not require the landlord to grant any request that the tenant might ask for. Moreover, the tenant must provide evidence showing that the tenant, or a member of the tenant's family or household, was a victim of domestic violence or another qualifying act of violence. Additionally, the accommodation must be "reasonable," and the bill expressly states that the landlord is not required to do anything that creates an "undue hardship," as the term is already defined and well understood in existing law.

According to the Author

Domestic violence is a highly disruptive force, capable of completely upending its victims' lives. Aside from directly traumatizing victims, it often makes it unsafe for them to remain in their current residences, forcing them to move or become unhoused. While shelters can step in and provide stopgap housing for some survivors, the number of survivors in need of assistance far exceeds the capacity of existing shelter facilities.

To address this issue, AB 878 will allow survivors of violence and their family members to request reasonable safety accommodations from their landlords. These accommodations can include doorbell camera installation, unit transfers, parking changes, additional time moving, and additional time to pay rent. By establishing this process, AB 878 will give survivors the tools they need to safely remain in their homes, offering them critical stability as they recover from the violence they have experienced.

Arguments in Support

According to the Home Opportunities Mean Everything (HOME) Cohort, an advocacy group that addresses the intersection between homelessness and domestic violence, AB 878 will "allow victims of violence and abuse to stay safe by requesting reasonable accommodations from their landlords, such as doorbell camera installation, unit transfer, or parking spot change." While HOME concedes that "California has made significant efforts to reduce barriers to protective accommodations for survivors of violence, gaps remain." HOME believes that "AB 878 provides necessary protections to allow victims of violence to be safe in their home." More broadly, HOME points out that for "the millions of Californians who are survivors of abuse or violence, housing stability is essential to ensure their physical, mental and emotional wellbeing. Having safe and stable housing supports healing in the wake of victimization, and helps survivors avoid further victimization." HOME notes that the Legislature has already recognized this "critical link between housing stability and safety" by enacting laws that allow tenants who are victims of domestic violence to terminate tenancies quickly, avoid eviction because of the actions of the abuser, and ask landlords to change locks.

However, HOME argues, "for those who wish to remain in their homes or create safety in a new home, the law fails to provide the necessary protections and accommodations to ensure their continued safety." HOME believes that AB 878 will fill that gap by allowing "tenants who are victims of violence to request reasonable accommodations from their landlord to ensure their equal opportunity to use and enjoy the unit. The reasonable accommodation provisions in this bill," HOME adds, "are similar to existing protections in employment law." HOME concludes that in a "time when one in nine women killed by an intimate partner had an active restraining order and many faced retaliation despite these orders, AB 878 provides urgent, practical protections."

Arguments in Opposition

The California Apartment Association (CAA) notes that it has "long supported legislative efforts to protect victims of domestic violence and to ensure their safety." However, CAA opposes AB 878 unless amended over concerns that the bill will create "ambiguity and lacks necessary clarifications." Specifically, CAA calls for a number of amendments, which can be placed into three categories.

First, CAA believes that the term "reasonable accommodation" creates ambiguity due to its use in other contexts, including its association with other state and federal laws in the context of persons with disabilities. CAA suggests using the term "equitable consideration" instead.

Second, CAA believes that the bill's current list of "reasonable accommodations" needs clarification. As examples, CAA points to questions about who is responsible for the cost of camera installation, the impact that cameras might have on the privacy of other tenants, and the absence of any limits on the additional time that may be requested by the tenant to move or pay rent.

Third, CAA also raises questions about what is expected in the requirement that the landlord provide "assistance" in documenting domestic violence. CAA notes that landlords are not law enforcement officers nor mediators in domestic violence disputes. While CAA agrees that landlords could certainly provide "factual information" regarding incidents that occur on the property, CAA insists that they should not be required to communicate with the perpetrator of the violence, gather evidence of investigate the dispute, or mediate disputes between tenants.

FISCAL COMMENTS

None

VOTES

ASM JUDICIARY: 9-1-2

YES: Kalra, Bauer-Kahan, Bryan, Connolly, Harabedian, Pacheco, Papan, Stefani, Zbur

NO: Essayli

ABS, ABST OR NV: Dixon, Sanchez

UPDATED

VERSION: February 19, 2025

CONSULTANT: Tom Clark / JUD. / (916) 319-2334 FN: 0000181

Date of Hearing: March 25, 2025

ASSEMBLY COMMITTEE ON JUDICIARY

Ash Kalra, Chair

ABPCA Bill Id:AB 878

Author:(Kalra) – As Introduced Ver:February 19, 2025

SUBJECT: Victims of abuse or violence: reasonable accommodations

KEY ISSUE: should a landlord be required to make a good faith effort to make reasonable accommodations to a tenant, if the tenant, or the tenant’s family member, has been a victim of certain acts of abuse, assault, or violence?

SYNOPSIS

Tenants who are victims of domestic violence confront a number of difficult situations that go beyond the pain and trauma of the violence itself. For example, prior to recent changes in the law, when the violent environment created a nuisance or threatened other tenants, the victim could, along with the abuser, face the prospect of eviction. Other times the tenant may find that the only way to escape a violent or abusive situation is to move out quickly, but breaking the lease could result in losing security deposits or rent already paid. In response to these dilemmas, in recent years the Legislature has enacted several protections for such tenants. For example, existing law prohibits a landlord from evicting a tenant for committing a nuisance because the tenant has been a victim of domestic violence, unless the tenant voluntarily allows the perpetrator of the violence to reside in the residential unit. In addition, existing law permits a tenant to notify a landlord that the tenant, a household member, or an immediate family member was a victim of a violent or criminal act and that, because of this, the tenant must terminate the tenancy. Finally, and perhaps most similar to the bill before the Committee, existing law requires a landlord to change the locks if requested to do so by a tenant, if the tenant can document that the tenant, or a member of the tenant’s household, has been a victim of domestic violence, sexual assault, or a similar violent crime or act.

This bill would require a landlord to honor a tenant’s request for a “reasonable accommodation” if the tenant, or a tenant’s family member, is a victim of violence, sexual assault, or other specified violent crime or act. The bill would define a “reasonable accommodation” to include, among other things, permission to install doorbell or internal security cameras, rental unit and parking reassignments, additional time to move or pay rent, and assistance in documenting the act or acts that gave rise to the requested accommodation.

The bill is supported a broad coalition of groups who advocate on behalf of women, victims of violence, and tenants. The bill is opposed by the California Apartment Association (CAA), unless amended. While CAA supports the aims of the bill, it seeks a number of amendments to clarify the responsibilities of rental property owners.

SUMMARY: Requires a landlord to honor a tenant’s request for a reasonable accommodation, as defined, if the tenant, or a member of the tenant’s family, is a victim of domestic violence, sexual assault, or other specified violent crimes or acts. Specifically, this bill:

1. Requires a landlord to provide a reasonable accommodation, as defined, at the request of a tenant who is a victim or whose family member, as defined, is a victim of domestic violence, sexual assault, stalking, human trafficking, elder abuse, or other specified violent crimes.
2. Defines “reasonable accommodation” for purposes of the above to include, but is not limited to, the following:
   1. A unit transfer.
   2. Reassignment of a parking space.
   3. Installation of a doorbell camera.
   4. Installation of a security camera inside a unit.
   5. Additional time to move.
   6. Additional time to pay rent.
   7. Assistance with documenting the relevant violent act that occurs on the property.
   8. Rescinding a move-in order.
3. Requires the landlord, upon receiving a request for a reasonable accommodation, to engage in a timely, good faith, and interactive process with the tenant to determine an effective reasonable accommodation.
4. Permits the landlord to request certification from a tenant that demonstrates the tenant’s status, or family member’s status, as a victim. Certification may include any verbal or written statement, police or court record, or other documentation showing abuse or violence against the tenant or a tenant’s family member. Requires the landlord to keep any information thereby obtained confidential.
5. Defines “family member” for purposes of the above to mean a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as defined, or a “designated person.” Defines “designated person,” in turn, to mean any individual related by blood or whose association with the tenant is the equivalent of a family relationship. Allows the tenant to identify the designated person when requesting a reasonable accommodation.
6. Requires the landlord to provide written notice whether a request has been approved or denied, and if the request is denied the written notice shall detail the reasons for the denial.
7. Prohibits a landlord from retaliating or otherwise discriminating against a tenant for requesting a reasonable accommodation, regardless of whether the request was granted. Makes a landlord who violates this provision liable for a civil action for actual damages or statutory damages, as specified.
8. Specifies that the requirements listed above do not require a landlord to undertake an action that constitutes an undue hardship, as defined.

EXISTING LAW:

1. Requires a landlord to change the locks of a tenant’s dwelling unit upon the protected tenant’s written request, as specified, and upon the tenant giving the landlord a copy of a court order, a police report, or a documentation from qualified third party based on information that the third party received in their professional capacity, showing that the tenant, or a member of the tenant’s family or household, has been a victim of domestic violence, sexual assault, stalking, or other specified offense. (Civil Code Section 1941.5 (b) and (d).)
2. Prohibits a landlord from terminating or failing to renew a tenancy, except as specified, based on an act of abuse or violence against a tenant, a tenant’s immediate family member, or a tenant’s household member if the landlord has received documentation evidencing abuse or violence against the tenant, the tenant’s immediate family member, or the tenant’s household member. (Code of Civil Procedure Section 1161.3(b).)
3. Allows a tenant to provide a landlord with written notice, as specified, that the tenant, a household member, or immediate family member was a victim of an act of domestic violence, sexual assault, stalking, human trafficking, elder abuse, or other specified crime, and that the tenant intends to terminate the tenancy. Requires the written notice to be accompanied with a copy of a protective order, a copy of a police report, or documentation from a qualified third party showing that the tenant, a household member, or immediate family member has been a victim of a specified act of violence. (Civil Code Section 1946.7.)
4. Applies for purposes of the above the following definitions:
   1. “Household member” means a member of the tenant’s family who lives in the same residential unit as the tenant.
   2. “Immediate family member” means the parent, stepparent, spouse, child, child-in-law, stepchild, or sibling of the tenant, or any person living in the tenant’s household at the time the crime or act occurred who has a relationship with the tenant that is substantially similar to that of a family member.
   3. “Qualified third party” means a health practitioner, domestic violence counselor, sexual assault counselor, or a human trafficking caseworker, as these are defined in existing law. (Civil Code Section 1946.7(h).)

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

COMMENTS: According to the author and sponsors, domestic violence and homelessness “are intrinsically linked, forming an insidious cycle that traps victims in patterns of instability and harm.” They cite studies, for example, showing that “57% of unhoused women cited domestic violence as an immediate cause of their homelessness, demonstrating a clear connection between violence and housing insecurity.” In explaining the purpose of the bill, the author writes:

Domestic violence is a highly disruptive force, capable of completely upending its victims’ lives. Aside from directly traumatizing victims, it often makes it unsafe for them to remain in their current residences, forcing them to move or become unhoused. While shelters can step in and provide stopgap housing for some survivors, the number of survivors in need of assistance far exceeds the capacity of existing shelter facilities.

To address this issue, AB 878 will allow survivors of violence and their family members to request reasonable safety accommodations from their landlords. These accommodations can include doorbell camera installation, unit transfers, parking changes, additional time moving, and additional time to pay rent. By establishing this process, AB 878 will give survivors the tools they need to safely remain in their homes, offering them critical stability as they recover from the violence they have experienced.

Tenants, domestic violence, and recent legislation. Tenants who are victims of domestic violence confront a number of difficult situations that go beyond the trauma of the violence itself. For example, prior to recent changes in the law, when the violent environment created a nuisance or threatened other tenants, the victim could, along with the abuser, face the prospect of eviction. Other times the tenant may find that the only way to escape a violent or abusive situation is to move out quickly, even though breaking the lease could result in losing security deposits or rent already paid. In response to these dilemmas, the Legislature has enacted several protections for such tenants. For example, existing law prohibits a landlord from evicting a tenant for committing a nuisance because the tenant has been a victim of domestic violence, unless the tenant voluntarily allows the perpetrator of the violence to reside in the residential unit. (Code of Civil Procedure Section 1161.3.)

In addition, existing law permits a tenant to notify a landlord that the tenant, a household member, or an immediate family member is the victim of a violent or criminal act and that, because of this, the victim must terminate the tenancy. Existing law ensures that, if this happens, the victim is not deemed to have violated the lease and ensures that the tenant will not sacrifice a security deposit or rent that has already been paid. This law originally required the tenant to document that they were the victim of a violent or criminal act by providing a court order or a police report; but recently enacted legislation allow the tenant to use other forms of evidence, such as documentation from a third-party professional from whom the victim sought assistance, such as a health practitioner, domestic violence counselor, sexual assault counselor, or a human trafficking caseworker. (Civil Code Section 1946.7.)

Finally, and perhaps most similar to the bill before the Committee, existing law requires a landlord to change the locks – at the landlord’s expense – if requested to do so by a tenant, so long as the tenant can document that the tenant, or a member of the tenant’s household, has been a victim of domestic violence, sexual assault, or a similar violent crime or act. As with other protections afforded to tenants who are victims of domestic violence, this law was recently amended to expand the definition of an “eligible tenant” as well as the kinds of documentation that an eligible tenant can use to demonstrate that they, or a family or household member, has been a victim. [Civil Code Section 1941.5, as amended most recently by SB 1051 (Chap. 75, Stats. 2024.)]

This bill would require a landlord to honor a request from a tenant for a “reasonable accommodation” if the tenant, or a member of the tenant’s family or household, is a victim of violence, sexual assault, or other specified violent crime or act. The bill would define a “reasonable accommodation” as a tenant request for, among other things, permission to install a doorbell camera or internal security camera, reassignment of dwelling units or parking spaces, additional time to move or pay rent, and assistance in documenting the act or acts that gave rise to the requested accommodation. The bill would require the landlord, upon receiving such a request, to engage in good faith with the tenant to work out a reasonable and effective accommodation. The bill does not require the landlord to grant any request that the tenant might ask for. Moreover, the tenant must provide evidence showing that the tenant, or a member of the tenant’s family or household, was a victim of domestic violence or another qualifying act of violence. Moreover, the accommodation must be “reasonable,” and the bill expressly states that the landlord is not required to do anything that creates an “undue hardship,” as the term is already defined and well understood in existing law.

Reasonable opposition concerns, and proposed amendments, that the author may wish to consider. While the California Apartment Association (CAA) is generally supportive of efforts to protect tenants who are victims of domestic violence, they have raised a number of concerns and have suggested amendments that they believe would helpfully clarify the landlord’s duties and responsibilities under the bill. Not only do many of their proposed amendments seem reasonable, they seem consistent with aims of the bill as articulated by the author and supporters.

Indeed, there appear to be a number of areas of likely agreement between CAA and the supporters of this bill. For example, CAA points out that the existing language in the bill does not clearly articulate who is responsible for installing and paying for doorbell cameras or security cameras inside the tenant’s unit. The bill’s list of examples of “reasonable accommodations” includes “installation of a doorbell camera” and “installation of a security camera inside a unit.” An existing statute that requires a landlord to change locks expressly states that the landlord shall change the locks “at the landlord’s own expense.” (Civil Code Section 1941.5.) As the author and sponsor have conveyed to the Committee, the intent of this bill is that the landlord would simply grant “permission” to install the cameras. This could be corrected, as CAA has informed the Committee, by changing “Installation of a security camera” on page 3, line17, to “Allow the tenant to install the security camera at the tenant’s expense.” (As discussed below, CAA opposes permission to install the doorbell camera.)

Other clarifications that CAA would like to see likewise accept most of the items in the list of reasonable accommodations (though CAA prefers to call them “equitable considerations”). CAA merely asks for additional language that would clarify and qualify those requests. For example, the bill in print includes, as a reasonable accommodation, that the landlord provide the tenant with “additional time to move” (page 3, line 18) and “additional time to pay rent” (page 3, line 19). CAA’s proposed amendment would permit additional time to move only if the landlord had not already rented the unit to another tenant and would provide that the tenant is liable to pay a prorated rent for the additional time. CAA also proposes limiting the additional time to pay rent to 20 days, and would require the tenant to provide a written explanation for why the additional time is needed.

CAA also requests clarification on the landlord’s obligation to provide the tenant with “assistance” in documenting domestic violence, sexual assault, stalking, or another act of violence. CAA requests language limiting this “assistance” to providing “any factual information the landlord has collected regarding domestic violence the tenant has experienced upon the property, if any.” CAA would like the bill to expressly state that the landlord is not required “to communicate with the perpetrator of violence, gather information relating to the abuse, assault, stalking or act of violence, or otherwise proactively seek information or intervene regarding any incidences of domestic violence, sexual assault, stalking, or other act of violence that occurs on the property.”

Finally, the CAA asks for clarification on requests for a “unit transfer” or a “parking reassignment.” CAA requests that the request for a “parking reassignment” is only required if “one is available.” Arguably, this is implicit in the requirement that any request for accommodation be “reasonable.” The CAA would also prefer to limit granting a unit transfer if “a unit of comparable size is available” and if “the tenant is not in violation of their lease for reasons unrelated to the abuse or violence.”

In sum, most of CAA’s proposed amendments seem reasonable and, in many ways, consistent with the aims of the bill. Both the author’s office and the CAA have indicated to the Committee that they will continue working on these issues if the bill moves out of this Committee. The Committee certainly urges them do so, especially given that the two sides do not seem all that far apart on the aim of the bill. The author also may wish to clarify that the purpose of the bill is for the tenant to seek a “reasonable security accommodation” or a “reasonable safety accommodation,” given that the purpose of the bill is to protect the security and safety of tenants who are the victims of crimes. The types of accommodations that the bill specifically lists as examples seek to ensure or protect the tenant’s economic security or physical safety or security (versus some other need of the tenant, such as physical access, which presumably would have to be accommodated in a different way).

CAA’s concern about the doorbell camera and privacy of other tenants seems overstated. While most of the clarifications sought by CAA seem reasonable, its desire to eliminate the doorbell camera as a threat to the privacy of other tenants is not entirely persuasive. Doorbell cameras – most notably the popular “Ring” cameras – do not greatly infringe upon the other tenants’ “reasonable expectation of privacy.” To begin with, the doorbell cameras typically only record people who come to the door and perhaps those who pass by the door over a limited range. According to the Ring support website, the motion sensors in the Ring Video Doorbell are designed to detect movement up to 155 degrees horizontally – which is indeed rather wide – but only from 1.5 to 7.5 meters outward from the fixture. (https://support.ring.com.) This means not only that a person approaching the door would be recorded, but also that persons passing horizontally past the door could be tracked from between 1.5 to 7.5 meters as they walked by. A person approaching another person’s door or walking past another person’s door would be walking in a public or common space, where they would seemingly have no “reasonable expectation of privacy.”

Moreover, if Ring Video Cameras pose a threat to the privacy of passersby, that would not be unique to tenants and rental units. By CAA’s reasoning, every person who has a Ring camera – owner or tenant – is infringing upon the privacy rights of every member of the community who happens to come within the range of the camera. Under California law, however, an invasion of privacy requires consideration of a number of factors, including most notably whether the location is private or public, and whether the attempt to capture another person’s image would be offensive to a reasonable person. Invading a person’s privacy by capturing their image does not necessarily require a physical trespass into the private space of that other person, as the law recognizes “constructive trespass.” However, a “constructive trespass” requires the defendant to capture an image of the plaintiff “engaging in a private, personal, or familial activity” that could only have been achieved by a physical trespass if the device had not been used. (Civil Code Section 1708.8(b).) People walking outside of their own homes and in front of the doors of other people are not “engaging in private, personal, or familial activity,” and their images could easily be captured without a physical or constructive trespass even in the absence of the doorbell camera. To suggest that such devices pose a threat to other tenant’s reasonable expectations of privacy is a bit of stretch.

ARGUMENTS IN SUPPORT: According to the Home Opportunities Mean Everything (HOME) Cohort, an advocacy group that addresses the intersection between homelessness and domestic violence, AB 878 will “allow victims of violence and abuse to stay safe by requesting reasonable accommodations from their landlords, such as doorbell camera installation, unit transfer, or parking spot change.” While HOME concedes that “California has made significant efforts to reduce barriers to protective accommodations for survivors of violence, gaps remain.” HOME believes that “AB 878 provides necessary protections to allow victims of violence to be safe in their home.” More broadly, HOME points out that for “the millions of Californians who are survivors of abuse or violence, housing stability is essential to ensure their physical, mental and emotional wellbeing. Having safe and stable housing supports healing in the wake of victimization, and helps survivors avoid further victimization.” HOME notes that the Legislature has already recognized this “critical link between housing stability and safety” by enacting laws that allow tenants who are victims of domestic violence to terminate tenancies quickly, avoid eviction because of the actions of the abuser, and ask landlords to change locks.

However, HOME argues, “for those who wish to remain in their homes or create safety in a new home, the law fails to provide the necessary protections and accommodations to ensure their continued safety.” HOME believes that AB 878 will fill that gap by allowing “tenants who are victims of violence to request reasonable accommodations from their landlord to ensure their equal opportunity to use and enjoy the unit. The reasonable accommodation provisions in this bill,” HOME adds, “are similar to existing protections in employment law.” HOME concludes that in a “time when one in nine women killed by an intimate partner had an active restraining order and many faced retaliation despite these orders, AB 878 provides urgent, practical protections.”

ARGUMENTS IN OPPOSITION, UNLESS AMENDED: The California Apartment Association (CAA) notes that it has “long supported legislative efforts to protect victims of domestic violence and to ensure their safety.” However, CAA opposes AB 878 unless amended over concerns that the bill will create “ambiguity and lacks necessary clarifications.” Specifically, CAA calls for a number of amendments, which can be placed into three categories.

First, CAA believes that the term “reasonable accommodation” creates ambiguity due to its use in other contexts, including its association with other state and federal laws in the context of persons with disabilities. CAA suggests using the term “equitable consideration” instead.

Second, CAA believes that the bill’s current list of “reasonable accommodations” needs clarification. As examples, CAA points to questions about who is responsible for the cost of camera installation, the impact that cameras might have on the privacy of other tenants, and the absence of any limits on the additional time that may be requested by the tenant to move or pay rent.

Third, CAA also raises questions about what is expected in the requirement that the landlord provide “assistance” in documenting domestic violence. CAA notes that landlords are not law enforcement officers nor mediators in domestic violence disputes. While CAA agrees that landlords could certainly provide “factual information” regarding incidents that occur on the property, CAA insists that they should not be required to communicate with the perpetrator of the violence, gather evidence of investigate the dispute, or mediate disputes between tenants.

REGISTERED SUPPORT / OPPOSITION:

Support

Alianza Translatinx

Bay Area Legal Aid

Black Women for Wellness Action Project

Cahuilla Consortium Victim Advocacy Program

California Partnership to End Domestic Violence

California Rural Legal Assistance, INC.

Californians for Safety and Justice

Choose Your Path Foundation

Cora - Community Overcoming Relationship Abuse

CUAV

Disability Rights California

Ella Baker Center for Human Rights

Empower Tehama

Equal Rights Advocates

Fair Housing Advocates of Northern California

Family Violence Appellate Project

Family Violence Law Center

Healthy Alternatives to Violent Environments (HAVEN)

HOME

Human Options, INC.

IIPAY Nation of Santa Ysabel

Inland Counties Legal Services INC.

Jenesse Center

Legal Aid Foundation of Los Angeles

Legal Aid Society of San Diego

Love Never Fails

Mooretown Rancheria of Maidu Indians of California

National Housing Law Project

Neighborhood Legal Services of Los Angeles County

Project Sentinel

Public Advocates INC.

Shepherd's Gate

So'oh-shinálí Sister Project

Strong Hearted Native Women's Coalition, INC.

Valor US

Western Center on Law & Poverty, INC.

Opposition (unless amended)

California Apartment Association

Analysis Prepared by: Tom Clark / JUD. / (916) 319-2334