Bill Text: CA SB1051 | 2023-2024 | Regular Session | Amended
Bill Title: Victims of abuse or violence: lock changes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-05-28 - Referred to Com. on JUD. [SB1051 Detail]
Download: California-2023-SB1051-Amended.html
Amended
IN
Senate
March 20, 2024 |
Introduced by Senator Eggman |
February 07, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law prohibits a landlord from terminating or failing to renew a tenancy based on an act of abuse or violence against a tenant, a tenant’s immediate family member, or a tenant’s household member if the landlord has received documentation evidencing abuse or violence against that person, except as specified.
This bill would make a technical, nonsubstantive change to these provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1941.5 of the Civil Code is repealed.(a)This section shall apply if a person who is restrained from contact with the protected tenant under a court order or is named in a police report is not a tenant of the same dwelling unit as the protected tenant.
(b)A landlord shall change the locks of a protected tenant’s dwelling unit upon written request of the protected tenant not later than 24 hours after the protected tenant gives the
landlord a copy of a court order or police report, and shall give the protected tenant a key to the new locks.
(c)(1)If a landlord fails to change the locks within 24 hours, the protected tenant may change the locks without the landlord’s permission, notwithstanding any provision in the lease to the contrary.
(2)If the protected tenant changes the locks pursuant to this subdivision, the protected tenant shall do all of the following:
(A)Change the locks in a workmanlike manner with locks of similar or better quality than the original lock.
(B)Notify the landlord within 24 hours that the locks have been changed.
(C)Provide the landlord with a key by any reasonable method agreed upon by the landlord and protected tenant.
(3)This subdivision shall apply to leases executed on or after the date the act that added this section takes effect.
(d)For the purposes of this section, the following definitions shall apply:
(1)“Court order” means a court order lawfully issued within the last 180 days pursuant to Section 527.6 of the Code of Civil Procedure, Part 3 (commencing with Section 6240), Part 4 (commencing with Section 6300), or Part 5 (commencing with Section 6400) of Division 10 of the Family Code, Section 136.2 of the Penal Code, or Section 213.5 of the Welfare and Institutions Code.
(2)“Locks” means any exterior lock that provides access to the dwelling.
(3)“Police report” means a written report, written within the last 180 days, by a peace officer employed by a state or local law enforcement agency acting in his or her official capacity, stating that the protected tenant or a household member has filed a report alleging that the protected tenant or the household member is a victim of domestic violence, sexual assault, or stalking.
(4)“Protected tenant” means a tenant who has obtained a court order or has a copy of a police report.
(5)“Tenant” means tenant, subtenant, lessee, or sublessee.
SEC. 2.
Section 1941.5 is added to the Civil Code, to read:1941.5.
(a) This section shall apply if a person is alleged to have committed abuse or violence against the protected tenant or the immediate family or household member of the protected tenant and the person is not a tenant of the same dwelling unit as the protected tenant.Tenant Statement and Qualified Third Party Statement under Civil Code Section 1941.5 | |
Part I.Statement By Tenant | |
I, [insert name of tenant], state as follows: | |
I,
my immediate family member, or a member of my household, have been a victim of: | |
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, or a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use of force against the victim or a threat of force against the victim.] | |
The most recent incident(s) happened on or about: | |
[insert date or dates.] | |
The incident(s) was/were committed by the following person(s), with these physical
description(s), if known and safe to provide: | |
[if known and safe to provide, insert name(s) and physical description(s).] | |
(signature of tenant)(date) | |
Part II.Qualified Third Party Statement | |
I, [insert name of
qualified third party], state as follows: | |
My business address and phone number are: | |
[insert business address and phone number.] | |
Check and complete one of the following: | |
____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. | |
____I meet the requirements for a domestic violence counselor
provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. | |
____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. | |
____I meet the definition of “victim of violent crime advocate” provided in Section 1946.7 of the Civil Code and I am employed, whether financially compensated or not, by an agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution
agency. | |
____I am licensed by the State of California as a: | |
[insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is: | |
[insert name of state licensing entity and license number.] | |
The person who signed the Statement By Tenant above stated to me that the person, or a member of their immediate family, or a member of their household, is a victim of: | |
[insert one or more of the following:
domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use or threat of force against the victim.] | |
The person further stated to me the incident(s) occurred on or about the date(s) stated above. | |
(signature of qualified third party)(date) | |
SEC. 3.
Section 1941.6 of the Civil Code is amended to read:1941.6.
(a) This section shall apply if a person who is restrained from contact with a protected tenant under a court order is a tenant of the same dwelling unit as the protected tenant.(A)
(B)
(C)