Bill Text: CA SB1403 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Domestic violence: permanent restraining orders and

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-24 - Chaptered by Secretary of State. Chapter 516, Statutes of 2012. [SB1403 Detail]

Download: California-2011-SB1403-Amended.html

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BILL NUMBER: SB 1403	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 6, 2012
	AMENDED IN SENATE  JUNE 28, 2012
	AMENDED IN SENATE  JUNE 19, 2012

INTRODUCED BY   Senator Yee

                        FEBRUARY 24, 2012

   An act to amend Section 1946.7 of the Civil Code, and to amend
Section 1161.3 of the Code of Civil Procedure, relating to domestic
violence, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1403, as amended, Yee. Domestic violence: permanent restraining
orders and elder abuse orders.
   Existing law 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, sexual assault, or stalking and intends to
terminate the tenancy, and requires that the tenant attach a copy of
a temporary restraining order, emergency protective order, or a
report by a peace officer to the notice. Existing law permits the
tenant to quit the premises after notification and limits the tenant'
s obligation for payment of rent, as specified. Existing law requires
the notice to terminate the tenancy to be given within 180 days of
the date the order was issued or the report was made, or as
specified.
   This bill would include  a copy of a permanent restraining
order or an elder abuse order among the approved documents required
to be provided to the landlord with a notice to terminate a tenancy
under the above provisions.   abuse of an elder or a
dependent adult, as defined, among the acts for which a tenant may
terminate a tenancy under the above provisions. The bill would also
include a copy of a protective order among the approved documents
required to be provided to the landlord with a notice to terminate a
tenancy under the above provisions. 
   Existing law prohibits a landlord from terminating a tenancy or
failing to renew a tenancy based upon an act of domestic violence,
sexual assault, or stalking against a protected tenant, as defined,
or a protected tenant's household member when that act is documented
by a temporary restraining order, emergency protective order, or a
written report, as specified, and the person who is restrained from
contact with the protected tenant under the protection order  ,
 or is named in the police report of that act is not a tenant of
the same dwelling unit.
   This bill would include  permanent restraining orders and
elder abuse orders among the documents that may be provided to
establish domestic violence, sexual assault, or stalking against a
protected tenant or a protected tenant's household member under the
above provisions.   protective orders among the
documents that may be provided to establish domestic violence, sexual
assault, or stalking against a protected tenant or a protected
tenant's household member under the above provisions. The bill would
also include abuse of an elder or a dependent adult among the acts
for which a landlord may not terminate a tenancy or fail to renew a
tenancy under the above provisions. 
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1946.7 of the Civil Code 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 Sections 261, 261.5, 262, 286, 288a, or
289 of the Penal Code,  or  stalking as defined in
Section 1708.7,  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,  permanent restraining order, or elder abuse 
 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,  or  stalking , 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, or stalking.
   (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 30 days following the giving of the notice, or within the
appropriate period as described in Section 1946, and thereafter shall
be released from any rent payment obligation under the rental
agreement without penalty. Existing law governing the security
deposit shall apply.
   (e) If within the 30 days following the giving of the notice under
this section the tenant quits the premises and the premises are
rented to another party, the rent due on the premises for that 30-day
period shall be prorated. Existing law governing the security
deposit shall apply.
   (f) 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,  or  stalking
 , or abuse of an elder or a dependent adult  and members of
that tenant's household, from their obligations under the rental
agreement.
   (g) "Household member" as used in this section means a member of
the tenant's family who lives in the same household as the tenant.
  SEC. 2.  Section 1161.3 of the Code of Civil Procedure is amended
to read:
   1161.3.  (a) Except as provided in subdivision (b), a landlord
shall not terminate a tenancy or fail to renew a tenancy based upon
an act or acts against a tenant or a tenant's household member that
constitute domestic violence as defined in Section 6211 of the Family
Code, sexual assault as defined in Section 1219,  or
 stalking as defined in Section 1708.7 of the Civil Code or
Section 646.9 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,  if both of the following apply:
   (1) The act or acts of domestic violence, sexual assault, 
or  stalking  , or abuse of an elder or a dependent
adult  have been documented by one of the following:
   (A) A temporary restraining order, emergency protective order,
 permanent restraining order, or elder abuse  
or protective  order lawfully issued within the last 180 days
pursuant to Section 527.6, 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  or 15657.03  of the Welfare
and Institutions Code that protects the tenant or household member
from domestic violence, sexual assault,  or 
stalking  , or abuse of an elder or a dependent adult  .
   (B) A copy of 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
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,  or  stalking  , or abuse of an elder
or a dependent adult  .
   (2) The person against whom the protection order has been issued
or who was named in the police report of the act or acts of domestic
violence, sexual assault,  or  stalking , or
abuse of an elder or dependent adult  is not a tenant of the
same dwelling unit as the tenant or household member.
   (b) A landlord may terminate or decline to renew a tenancy after
the tenant has availed himself or herself of the protections afforded
by subdivision (a) if both of the following apply:
   (1) Either of the following:
   (A) The tenant allows the person against whom the protection order
has been issued or who was named in the police report of the act or
acts of domestic violence, sexual assault,  or 
stalking  , or abuse of an elder or a dependent adult  to
visit the property.
   (B) The landlord reasonably believes that the presence of the
person against whom the protection order has been issued or who was
named in the police report of the act or acts of domestic violence,
sexual assault,  or  stalking  , or abuse of an
elder or dependent adult  poses a physical threat to other
tenants, guests, invitees, or licensees, or to a tenant's right to
quiet possession pursuant to Section 1927 of the Civil Code.
   (2) The landlord previously gave at least three days' notice to
the tenant to correct a violation of paragraph (1).
   (c) Notwithstanding any provision in the lease to the contrary,
the landlord shall not be liable to any other tenants for any action
that arises due to the landlord's compliance with this section.
   (d) For the purposes of this section, "tenant" means tenant,
subtenant, lessee, or sublessee.
   (e) The Judicial Council shall, on or before January 1, 2012,
develop a new form or revise an existing form that may be used by a
party to assert in the responsive pleading the grounds set forth in
this section as an affirmative defense to an unlawful detainer
action.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to ensure improved protection against domestic violence
and elder abuse in this state, it is necessary for this act to take
effect immediately.