Bill Text: CA AB418 | 2015-2016 | Regular Session | Chaptered
Bill Title: Tenancy: termination: victims of violent crime.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-07-13 - Chaptered by Secretary of State - Chapter 70, Statutes of 2015. [AB418 Detail]
Download: California-2015-AB418-Chaptered.html
BILL NUMBER: AB 418 CHAPTERED
BILL TEXT
CHAPTER 70
FILED WITH SECRETARY OF STATE JULY 13, 2015
APPROVED BY GOVERNOR JULY 13, 2015
PASSED THE SENATE JUNE 25, 2015
PASSED THE ASSEMBLY APRIL 23, 2015
AMENDED IN ASSEMBLY APRIL 20, 2015
AMENDED IN ASSEMBLY APRIL 6, 2015
INTRODUCED BY Assembly Member Chiu
(Principal coauthor: Senator Leno)
FEBRUARY 19, 2015
An act to amend and repeal Section 1946.7 of the Civil Code,
relating to tenancy.
LEGISLATIVE COUNSEL'S DIGEST
AB 418, Chiu. Tenancy: termination: victims of violent crime.
Existing law, until January 1, 2016, authorizes a tenant to notify
the landlord in writing that he or she or a household member, as
defined, was a victim of an act of domestic violence or sexual
assault and that the tenant intends to terminate the tenancy.
Existing law requires that the tenant attach to the notice to
terminate a tenancy a copy of a temporary restraining order or
protective order that protects the tenant or household member from
further domestic violence or sexual assault or to attach a report by
a peace officer stating that the tenant or household member has filed
a report alleging he or she or the household member is a victim of
domestic violence or sexual assault.
Existing law authorizes the use of a tenant's security deposit to
compensate a landlord for a tenant's default in the payment of rent.
Existing law provides that existing law governing security deposits
applies to these terminations.
This bill would extend these provisions indefinitely and would
reduce the time limit for a tenant to give a notice of intent to
vacate to the landlord under these provisions from 30 days to 14
days.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1946.7 of the Civil Code, as amended by Section
1 of Chapter 130 of the Statutes of 2013, is amended to read:
1946.7. (a) A tenant may notify the landlord that he or she or a
household member was a victim of an act that constitutes an act of
domestic violence as defined in Section 6211 of the Family Code,
sexual assault as defined in Section 261, 261.5, 262, 286, 288a, or
289 of the Penal Code, stalking as defined in Section 1708.7, human
trafficking as defined in Section 236.1 of the Penal Code, or abuse
of an elder or a dependent adult as defined in Section 15610.07 of
the Welfare and Institutions Code, and that the tenant intends to
terminate the tenancy.
(b) A notice to terminate a tenancy under this section shall be in
writing, with one of the following attached to the notice:
(1) A copy of a temporary restraining order, emergency protective
order, or protective order lawfully issued pursuant to Part 3
(commencing with Section 6240) or Part 4 (commencing with Section
6300) of Division 10 of the Family Code, Section 136.2 of the Penal
Code, Section 527.6 of the Code of Civil Procedure, or Section 213.5
or 15657.03 of the Welfare and Institutions Code that protects the
tenant or household member from further domestic violence, sexual
assault, stalking, human trafficking, or abuse of an elder or a
dependent adult.
(2) A copy of a written report by a peace officer employed by a
state or local law enforcement agency acting in his or her official
capacity stating that the tenant or household member has filed a
report alleging that he or she or the household member is a victim of
domestic violence, sexual assault, stalking, human trafficking, or
abuse of an elder or a dependent adult.
(3) (A) Documentation from a qualified third party based on
information received by that third party while acting in his or her
professional capacity to indicate that the tenant or household member
is seeking assistance for physical or mental injuries or abuse
resulting from an act of domestic violence, sexual assault, stalking,
human trafficking, elder abuse, or dependent adult abuse.
(B) The documentation shall contain, in substantially the same
form, the following:
Tenant Statement and Qualified Third Party
Statement
under Civil Code Section 1946.7
Part I. Statement By Tenant
I, (insert name of tenant), state as follows:
I, or a member of my household, have been a
victim of:
(insert one or more of the following: domestic
violence, sexual assault, stalking, human
trafficking, elder abuse, or dependent adult
abuse.)
The most recent incident(s) happened on or
about:
(insert date or dates.)
The incident(s) was/were committed by the
following person(s), with these physical
description(s), if known and safe to provide:
(if known and safe to provide, insert name(s)
and physical description(s).)
_______________________ ___________
(signature of tenant) (date)
Part II. Qualified Third Party Statement
I, (insert name of qualified third party), state
as follows:
My business address and phone number are:
(insert business address and phone number.)
Check and complete one of the following:
____I meet the requirements for a sexual
assault counselor provided in Section 1035.2 of
the Evidence Code and I am either engaged in an
office, hospital, institution, or center
commonly known as a rape crisis center described
in that section or employed by an organization
providing the programs specified in Section
13835.2 of the Penal Code.
____I meet the requirements for a domestic
violence counselor provided in Section 1037.1 of
the Evidence Code and I am employed, whether
financially compensated or not, by a domestic
violence victim service organization, as defined
in that section.
____I meet the requirements for a human
trafficking caseworker provided in Section
1038.2 of the Evidence Code and I am employed,
whether financially compensated or not, by an
organization that provides programs specified in
Section 18294 of the Welfare and
Institutions Code or in Section 13835.2 of the
Penal Code.
____I am licensed by the State of California as
a:
(insert one of the following: physician and
surgeon, osteopathic physician and surgeon,
registered nurse, psychiatrist, psychologist,
licensed clinical social worker, licensed
marriage and family therapist, or licensed
professional clinical counselor.) and I am
licensed by, and my license number is:
(insert name of state licensing entity and
license number.)
The person who signed the Statement By Tenant
above stated to me that he or she, or a member
of his or her household, is a victim of:
(insert one or more of the following: domestic
violence, sexual assault, stalking, human
trafficking, elder abuse, or dependent adult
abuse.)
The person further stated to me the incident(s)
occurred on or about the date(s) stated above.
I understand that the person who made the
Statement By Tenant may use this document as a
basis for terminating a lease with the person's
landlord.
__________________________________________
(signature of qualified third party)
______
(date)
(C) The documentation may be signed by a person who meets the
requirements for a sexual assault counselor, domestic violence
counselor, or a human trafficking caseworker only if the
documentation displays the letterhead of the office, hospital,
institution, center, or organization, as appropriate, that engages or
employs, whether financially compensated or not, this counselor or
caseworker.
(c) The notice to terminate the tenancy shall be given within 180
days of the date that any order described in paragraph (1) of
subdivision (b) was issued, within 180 days of the date that any
written report described in paragraph (2) of subdivision (b) was
made, or within the time period described in Section 1946.
(d) If notice to terminate the tenancy is provided to the landlord
under this section, the tenant shall be responsible for payment of
rent for no more than 14 calendar days following the giving of the
notice, or for any shorter appropriate period as described in Section
1946 or the lease or rental agreement. The tenant shall be released
from any rent payment obligation under the lease or rental agreement
without penalty. If the premises are relet to another party prior to
the end of the obligation to pay rent, the rent owed under this
subdivision shall be prorated. Existing law governing the security
deposit shall apply.
(e) Nothing in this section relieves a tenant, other than the
tenant who is, or who has a household member who is, a victim of
domestic violence, sexual assault, stalking, human trafficking, or
abuse of an elder or a dependent adult and members of that tenant's
household, from their obligations under the lease or rental
agreement.
(f) (1) "Household member," as used in this section, means a
member of the tenant's family who lives in the same household as the
tenant.
(2) "Qualified third party," as used in this section, means a
health practitioner, domestic violence counselor, as defined in
Section 1037.1 of the Evidence Code, a sexual assault counselor, as
defined in Section 1035.2 of the Evidence Code, or a human
trafficking caseworker, as defined in Section 1038.2 of the Evidence
Code.
(3) "Health practitioner," as used in this section, means a
physician and surgeon, osteopathic physician and surgeon,
psychiatrist, psychologist, registered nurse, licensed clinical
social worker, licensed marriage and family therapist, or licensed
professional clinical counselor.
(h) (1) A landlord shall not disclose any information provided by
a tenant under this section to a third party unless the disclosure
satisfies any one of the following:
(A) The tenant consents in writing to the disclosure.
(B) The disclosure is required by law or order of the court.
(2) A landlord's communication to a qualified third party who
provides documentation under paragraph (3) of subdivision (b) to
verify the contents of that documentation is not disclosure for
purposes of this subdivision.
SEC. 2. Section 1946.7 of the Civil Code, as added by Section 2 of
Chapter 130 of the Statutes of 2013, is repealed.
