Bill Text: CA SB782 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Residential tenancies: domestic violence.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Passed) 2010-09-30 - Chaptered by Secretary of State. Chapter 626, Statutes of 2010. [SB782 Detail]

Download: California-2009-SB782-Amended.html

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BILL NUMBER: SB 782	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 10, 2010
	AMENDED IN ASSEMBLY  MAY 24, 2010
	AMENDED IN ASSEMBLY  JUNE 25, 2009
	AMENDED IN SENATE  MAY 13, 2009
	AMENDED IN SENATE  MARCH 31, 2009

INTRODUCED BY   Senator Yee
   (Coauthor: Senator Florez)
   (Coauthors: Assembly Members Blumenfield, Davis, Huffman, Saldana,
Smyth, Swanson, and Torrico)

                        FEBRUARY 27, 2009

   An act to add Sections 1941.5 and 1941.6 to the Civil Code, and to
add Section 1161.3 to the Code of Civil Procedure, relating to
unlawful detainer.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 782, as amended, Yee. Residential tenancies: domestic violence.

   Existing law governs the hiring of real property based on the
terms of the agreement, or on the behavior of the parties. Under
existing law, a tenant may notify the landlord in writing that he or
she, or a household member, was a victim of an act of domestic
violence, sexual assault, or stalking, and intends to terminate the
tenancy. The tenant is released from any rent payment obligation 30
days following the giving of the notice, or as specified.
   Existing law establishes the criteria for determining when a
tenant is guilty of unlawful detainer of a premises, and includes
committing nuisance in this regard. Existing law provides, until
January 1, 2012, for the purposes of the law of unlawful detainer,
that if a person commits any specified act or acts of domestic
violence, sexual assault, or stalking against another tenant or
subtenant on the premises, there is a rebuttable presumption
affecting the burden of proof that the person has committed a
nuisance on the premises if the victim or a member of the victim's
household has not vacated the premises.
   This bill would  , except as specified,  prohibit 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, as specified, and the  perpetrator  
person who is restrained from contact with the protected tenant
under a court order, as defined, or is named in a police report 
of that act is not a tenant of the same dwelling unit. 
   The bill would also authorize a tenant who is protected by a
specified type of restraining order related to acts including
domestic violence, sexual assault, or stalking to immediately change
the locks on his or her dwelling unit without the landlord's
permission or to make a written request that the landlord change the
locks of the dwelling unit, as specified. The 
    The  bill would require the landlord to change the locks
 ,   as defined,  within  48 
 24  hours of  that   a written 
request, as specified, when the restrained person is not a tenant of
the same dwelling unit.
   The bill would also  authorize  require 
the landlord to change the locks when the restrained person is a
tenant of the same dwelling unit. The bill would declare the landlord
not liable to a restrained person who is excluded from the dwelling
unit if the  landlord complies completely and in good faith
with   locks are changed pursuant to  that
provision. The bill would state that a restrained person who has been
excluded from a dwelling unit under that provision remains liable
under the lease with all other tenants of the dwelling unit for rent
as provided in the lease.
   The bill would authorize a protected tenant to change the locks
without the landlord's permission,  as specified, 
notwithstanding any provision in the lease to the contrary, if the
landlord does not change the locks within  48  
24  hours, as specified, with regard to leases executed on or
after the date the bill would take effect.  The bill would also
specify the manner in which a protected tenant is required to change
the locks if the protected tenant changes the locks without the
permission of the landlord.  
   The bill would also require the Judicial Council, on or before
January 1, 2012, to develop a new form or amend an existing form that
may be used by parties to assert the grounds set forth in this
section as an affirmative defense to an unlawful detainer action.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Domestic violence is a widespread problem impacting one in
three households in the United States in all communities.
   (b) Safe housing for domestic violence victims is essential for
safe recovery.
   (c) Countless studies demonstrate that stable, safe housing is a
public safety issue, a critical element of ensuring the safety of
domestic violence and stalking victims.
   (d) Landlords may evict domestic violence and stalking victims
based upon complaints of noise, fighting, or repeated visits from the
police to a victim's residence, even though they are results of
crimes committed against the victim.
   (e) Domestic violence and stalking victims should not lose their
housing because they are being abused and should not be forced to
leave their homes in order to report abuse.
   (f) The United States government and many states, cities, and
counties already have enacted comprehensive tenants' rights
protections for victims of domestic violence and stalking.
   (g) An increasing number of courts have found that evictions of
tenants based on acts of domestic violence, sexual assault, and
stalking committed against them violate federal and state fair
housing laws.
   (h) It is critical for rental property owners to develop policies
and procedures that balance the needs of tenants' peaceful enjoyment
of the property while considering the safety and fair housing rights
of victims of domestic violence, sexual assault, and stalking.
   SEC. 2.    Section 1941.5 is added to the  
Civil Code   , to read:  
   1941.5.  (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,
or if the protected tenant has failed to request the landlord to
change the locks, 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. 3.    Section 1941.6 is added to the  
Civil Code   , 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
or is named in a police report is 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 that excludes from the dwelling unit the restrained
person referred to in subdivision (a) or the police report that names
that person. The landlord shall give the protected tenant a key to
the new locks.
   (c) If a protected tenant changes the locks of his or her dwelling
unit without the landlord's permission, the protected tenant shall
do all of the following:
   (1) Change the locks in a workmanlike manner with locks of similar
or better quality than the original lock.
   (2) Notify the landlord within 24 hours that the locks have been
changed.
   (3) Provide the landlord with a key by any reasonable method
agreed upon by the landlord and protected tenant.
   (d) (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.
   (e) Notwithstanding Section 789.3, if the locks are changed
pursuant to this section, the landlord is not liable to a person
excluded from the dwelling unit pursuant to this section.
   (f) A person who has been excluded from a dwelling unit under this
section remains liable under the lease with all other tenants of the
dwelling unit for rent as provided in the lease.
   (g) 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 written report by a peace officer, employed
by a state or local law enforcement agency acting in his or her
official capacity, stating that he or she or a 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.
   (5) "Tenant" means tenant, subtenant, lessee, or sublessee. 
   SEC. 4.    Section 1161.3 is added to the  
Civil Code   , to read:  
   1161.3.  (a) Except as provided in subdivision (c), 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, if both of the following apply:
   (1) The act or acts of domestic violence, sexual assault, or
stalking have been documented by one of the following:
   (A) A temporary restraining order or emergency protective order
lawfully within the last 180 days issued 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 of the Welfare and Institutions Code that protects the tenant
or household member from domestic violence, sexual assault, or
stalking.
   (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.
   (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 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 all of the following apply:
   (1) The tenant willingly permits 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 to visit the premises.
   (2) 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 poses a threat to other tenants, either
physically or to their right to quiet possession pursuant to Section
1927 of the Civil Code.
   (3) The landlord previously gave at least three days notice to
correct the violation.
   (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 amend an existing form that may be used by
parties to assert the grounds set forth in this section as an
affirmative defense to an unlawful detainer action.  
  SEC. 2.    Section 1941.5 is added to the Civil
Code, to read:
   1941.5.  (a) This section shall apply if the person who is
restrained from contact with the tenant referred to in subdivision
(b) under an order lawfully issued 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 is not a
tenant of the same dwelling unit as the tenant referred to in
subdivision (b).
   (b) A tenant may immediately change the locks of his or her
dwelling unit without the landlord's permission, notwithstanding any
provision in the lease to the contrary, if he or she has obtained a
court order lawfully issued 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. If the
protected tenant changes the locks, the protected tenant shall notify
the landlord within 48 hours that the locks have been changed, and
shall provide the landlord with a key by any reasonable method agreed
upon by the landlord and tenant.
   (c) A landlord shall change the locks of a tenant's dwelling unit
upon written request of the tenant not later than 48 hours after the
tenant gives the landlord a copy of a court order lawfully issued
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, and shall give the protected
tenant a key to the new locks.
   (d) If a landlord fails to change the locks within 48 hours, the
protected tenant may change the locks without the landlord's
permission, notwithstanding any provision in the lease to the
contrary. If the protected tenant changes the locks, the protected
tenant shall notify the landlord within 48 hours that the locks have
been changed, and shall provide the landlord with a key by any
reasonable method agreed upon by the landlord and tenant. This
subdivision shall apply to leases executed on or after the date the
act that added this section takes effect.  
  SEC. 3.    Section 1941.6 is added to the Civil
Code, to read:
   1941.6.  (a) This section applies if the person who is restrained
from contact with the tenant referred to in subdivision (b) under an
order lawfully issued 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 is a tenant of the
same dwelling unit as the tenant referred to in subdivision (b).
   (b) A tenant may immediately change the locks of his or her
dwelling unit without the landlord's permission, notwithstanding any
provision in the lease to the contrary, if he or she has obtained a
court order lawfully issued 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. If the
protected tenant changes the locks, the protected tenant shall notify
the landlord within 48 hours that the locks have been changed, and
shall provide the landlord with a key by any reasonable method agreed
upon by the landlord and tenant.
   (c) A landlord may change the locks of a tenant's dwelling unit
upon written request of the tenant after the tenant gives the
landlord a copy of a court order lawfully issued 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 that excludes from the dwelling unit the restrained person
referred to in subdivision (a). The landlord shall give the protected
tenant a key to the new locks.
   (d) If a landlord fails to change the locks within 48 hours, the
protected tenant may change the locks without the landlord's
permission, notwithstanding any provision in the lease to the
contrary. If the protected tenant changes the locks, the protected
tenant shall notify the landlord within 48 hours that the locks have
been changed, and shall provide the landlord with a key by any
reasonable method agreed upon by the landlord and tenant. This
subdivision shall apply to leases executed on or after the date the
act that added this section takes effect.
   (e) Notwithstanding Section 789.3, if a landlord complies
completely and in good faith with this section, the landlord is not
liable to a person excluded from the dwelling unit pursuant to this
section.
   (f) A person who has been excluded from a dwelling unit under this
section remains liable under the lease with all other tenants of the
dwelling unit for rent as provided in the lease.  
  SEC. 4.    Section 1161.3 is added to the Code of
Civil Procedure, to read:
   1161.3.  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, if both of the following apply:
   (a) The act or acts of domestic violence, sexual assault, or
stalking have been documented by one of the following:
   (1) A temporary restraining order or emergency protective order
lawfully issued 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 of the Welfare and
Institutions Code that protects the tenant or household member from
domestic violence, sexual assault, or stalking.
   (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.
   (b) The perpetrator of the act or acts of domestic violence,
sexual assault, or stalking is not a tenant of the same dwelling unit
as the tenant or household member.