California Senate Bill SB612 Amended / Bill

 BILL NUMBER: SB 612AMENDED BILL TEXT AMENDED IN SENATE APRIL 23, 2013 AMENDED IN SENATE APRIL 8, 2013 INTRODUCED BY Senator Leno FEBRUARY 22, 2013 An act to amend  , repeal, and add  Section 1946.7 of the Civil Code,  and to amend Section 1161.3 of the Code of Civil Proced   ure,  relating to residential tenancy. LEGISLATIVE COUNSEL'S DIGEST SB 612, as amended, Leno. Residential tenancy: victims of human trafficking and elder or dependent adult abuse. 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, stalking, or abuse of an elder or dependent adult and that the tenant intends to terminate the tenancy. Existing law requires that the tenant attach to the notice to terminate  a tenancy   either  a copy of a temporary restraining order or protective order that protects the tenant or household member from further domestic violence, sexual assault, or abuse of an elder or dependent  adult,   adult  or  to attach  a    police  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, sexual assault, or stalking   , as specified  . 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 expand these provisions to authorize a tenant to notify the landlord that he or she or a household member is a victim of human trafficking and the tenant intends to terminate the tenancy, as specified.  This bill would authorize a tenant to attach to the notice to terminate a tenancy a copy of a report by a peace officer indicating that the tenant or household member filed a report alleging that he or she or the household member is a victim of human trafficking or abuse of an elder or dependent adult. The   Until January 1, 2016, the  bill would  authorize   include among the supporting documents that a tenant may attach to  the notice to terminate a tenancy  to have attached to it, instead of a restraining order, protective order, or peace officer report,   specified  documentation from a health practitioner, a domestic violence counselor, a sexual assault counselor, or a human trafficking caseworker that the tenant is seeking assistance for physical or mental injuries or abuse resulting from an act of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or dependent adult.  The bill would make various conforming changes.  This bill would prohibit a landlord from disclosing any information provided by a tenant under these provisions to a 3rd party unless the disclosure is consented to in writing or is required by law or order of the court  , except as specified  . Vote: majority. 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   Se  ction  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,   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) Documentation from a qualified third party based on information received by that third party while acting in his or her professional capacity, 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.  Documentation from a qualified third party shall include all of the following:   (A) The name, address, and telephone number of the qualified third party.   (B) The licensing body or professional affiliation of the qualified third party.   (C) The license number of the qualified third party or, if the qualified third party is not licensed, the name of his or her immediate supervisor written on the letterhead stationery of the qualified third-party's state-recognized employer.   (D) If known and considered safe to provide, the name and physical description of the abuser.  (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, stalking,  human trafficking,  or abuse of an elder or a dependent adult and members of that tenant's household, from their obligations under the rental agreement. (g) (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, 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:  (1)   (A)  The tenant consents in writing to the disclosure.  (2)   (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.   (i) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date.   SEC. 2.   Section 1946.7 is added to the  Civil Code   , 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. (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, stalking, human trafficking, 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. (h) 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: (1) The tenant consents in writing to the disclosure. (2) The disclosure is required by law or order of the court. (i) This section shall be operative January 1, 2016.   SEC. 3.   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, stalking as defined in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code,  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, if both of the following apply: (1) The act or acts of domestic violence, sexual assault, stalking,  human trafficking,  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, 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, stalking,  human trafficking,  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, stalking,  human trafficking,  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, stalking,  human trafficking,  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, stalking,  human trafficking,  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, stalking,  human trafficking,  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, 2014, 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.