Digest: 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 ... »More
Digest: 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 thatthe person has committed a nuisance on the premises if the victim or a member of the victims 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 tenants household member when that act is documented, as specified, and the 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 require the landlord to change the locks, as defined, within 24 hours of a written request, as specified, when the restrained person is not a tenant of the same dwelling unit. The bill would also require, under specified circumstances, thelandlord 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 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 landlords permission, as specified, notwithstanding any provision in the lease to the contrary, if the landlord does not change the locks within 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 thelandlord. The bill would also require the Judicial Council, on or before January 1, 2012, to 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. »Less
Residential tenancies: domestic violence.
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.
Digest: 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 ... »More
Digest: 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 thatthe person has committed a nuisance on the premises if the victim or a member of the victims 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 tenants household member when that act is documented, as specified, and the 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 require the landlord to change the locks, as defined, within 24 hours of a written request, as specified, when the restrained person is not a tenant of the same dwelling unit. The bill would also require, under specified circumstances, thelandlord 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 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 landlords permission, as specified, notwithstanding any provision in the lease to the contrary, if the landlord does not change the locks within 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 thelandlord. The bill would also require the Judicial Council, on or before January 1, 2012, to 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. »Less
Residential tenancies: domestic violence.
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.
Digest: 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 ... »More
Digest: 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 thatthe person has committed a nuisance on the premises if the victim or a member of the victims 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 tenants household member when that act is documented, as specified, and the 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 require the landlord to change the locks, as defined, within 24 hours of a written request, as specified, when the restrained person is not a tenant of the same dwelling unit. The bill would also require, under specified circumstances, thelandlord 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 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 landlords permission, as specified, notwithstanding any provision in the lease to the contrary, if the landlord does not change the locks within 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 thelandlord. The bill would also require the Judicial Council, on or before January 1, 2012, to 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. »Less
Residential tenancies: domestic violence.
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.
Digest: 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 ... »More
Digest: 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 thatthe person has committed a nuisance on the premises if the victim or a member of the victims 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 tenants household member when that act is documented, as specified, and the 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 require the landlord to change the locks, as defined, within 24 hours of a written request, as specified, when the restrained person is not a tenant of the same dwelling unit. The bill would also require, under specified circumstances, thelandlord 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 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 landlords permission, as specified, notwithstanding any provision in the lease to the contrary, if the landlord does not change the locks within 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 thelandlord. The bill would also require the Judicial Council, on or before January 1, 2012, to 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. »Less
Residential tenancies: domestic violence.
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.
Digest: 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 ... »More
Digest: 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 thatthe person has committed a nuisance on the premises if the victim or a member of the victims 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 tenants household member when that act is documented, as specified, and the 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 require the landlord to change the locks, as defined, within 24 hours of a written request, as specified, when the restrained person is not a tenant of the same dwelling unit. The bill would also require, under specified circumstances, thelandlord 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 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 landlords permission, as specified, notwithstanding any provision in the lease to the contrary, if the landlord does not change the locks within 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 thelandlord. The bill would also require the Judicial Council, on or before January 1, 2012, to 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. »Less
June 22, 2010
Read second time. Amended. Re-referred to Com. on APPR.
Residential tenancies: domestic violence.
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.
Digest: 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 ... »More
Digest: 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 thatthe person has committed a nuisance on the premises if the victim or a member of the victims 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 tenants household member when that act is documented, as specified, and the 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 require the landlord to change the locks, as defined, within 24 hours of a written request, as specified, when the restrained person is not a tenant of the same dwelling unit. The bill would also require ,under specified circumstances, 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 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 landlords permission, as specified, notwithstanding any provision in the lease to the contrary, if the landlord does not change the locks within 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 protectedtenant 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. »Less
Residential tenancies: domestic violence.
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.
Digest: 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 ... »More
Digest: 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 thatthe person has committed a nuisance on the premises if the victim or a member of the victims 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 tenants household member when that act is documented, as specified, and the 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 require the landlord to change the locks ,as defined, within 24 hours of a written request, as specified, when the restrained person is not a tenant of the same dwelling unit. The bill would also 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 thedwelling unit if the 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 landlords permission, as specified, notwithstanding any provision in the lease to the contrary, if the landlord does not change the locks within 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. »Less
May 24, 2010
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.
Residential tenancies: domestic violence.
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.
Digest: 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 ... »More
Digest: 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 thatthe person has committed a nuisance on the premises if the victim or a member of the victims household has not vacated the premises. This bill would 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 tenant or a tenants household member when that act is documented, as specified, and the perpetrator 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 landlords permission or to make a written request that the landlord change the locks of the dwelling unit , as specified. The bill would require the landlord to change the locks within 48 hours of that request , as specified , when the restrained person is not a tenant of the same dwelling unit . The bill would also authorize 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 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 landlords permission, notwithstanding any provision in the lease to the contrary, if the landlord does not change the locks within 48 hours, as specified, with regard to leases executed on orafter the date the bill would take effect. »Less
Digest: 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 ... »More
Digest: 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 thatthe person has committed a nuisance on the premises if the victim or a member of the victims household has not vacated the premises. This bill would create a defense to an action for possession under the unlawful detainer provisions described above, except as specified, if the court determines that (1) the tenant or the tenants household member is a victim of an act or acts that constitute domestic violence, sexual assault, or stalking, and (2) the notice to quit is substantially based upon the act or acts against the tenant or a tenants household member that constitute domestic violence, sexual assault, or stalking, including, but not limited to, an action for possession based on complaints of noise, disturbances, or repeated presence of police. The bill would prohibit the eviction of any members of the tenants household from being evicted under the above circumstances, except that the bill would require the member of the household who committed the act or acts of domestic violence, sexual assault, or stalking, to be evicted. The bill would also authorize a tenant, who is a victim of, or whose member of his or her household is a victim of, an act or acts that constitute domestic violence, sexual assault, or stalking, to request that the landlord seek a partial eviction ordering the removal of another tenant who has committed the act or acts, as specified. The bill would require the court to terminate the tenancy of the tenant who committed the act or acts of domestic violence, sexual assault, or stalking, if thelandlord chooses to seek a partial eviction of that tenant, as specified. The bill would prohibit the court from evicting the victim or the remainder of the tenants, as specified. The bill would require a landlord to retain in strictest confidence all information regarding any act or acts of domestic violence, sexual assault, or stalking that is received in confidence from a tenant or a tenants household member who is a victim, except as specified. »Less
June 23, 2009
Set, first hearing. Hearing canceled at the request of author.
Digest: 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 ... »More
Digest: 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 thatthe person has committed a nuisance on the premises if the victim or a member of the victims household has not vacated the premises. This bill would create a defense to an action for possession under the unlawful detainer provisions described above , except as specified, if the court determines that (1) the tenant or the tenants household member is a victim of an act or acts that constitute domestic violence, sexual assault, or stalking, and (2) the notice to vacate is substantially based upon the act or acts against the tenant or a tenants household member that constitute domestic violence, sexual assault, or stalking, including, but not limited to, an action for possession based on complaints of noise, disturbances, or repeated presence of police. The bill would require a landlord to retain in strictest confidence all information regarding any act or actsof domestic violence, sexual assault, or stalking that is received in confidence from a tenant or a tenants household member who is a victim, except as specified. »Less
May 12, 2009
From committee: Do pass as amended. (Ayes 3. Noes 0. Page 808.)
Digest: 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 ... »More
Digest: 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 anyspecified 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 victims household has not vacated the premises. This bill would create a defense to an action for possession under the unlawful detainer provisions described above if the court determines that (1) the tenant or the tenants household member is a victim of an act or acts that constitute domestic violence, sexual assault, or stalking, and (2) the notice to vacate is substantially based upon the act or acts against the tenant or a tenants household member that constitute domestic violence, sexual assault, or stalking, including, but not limited to, an action for possession based oncomplaints of noise, disturbances, or repeated presence of police. The bill would require a landlord to retain in strictest confidence all information regarding any act or acts of domestic violence, sexual assault, or stalking that is received in confidence from a tenant or a tenants household member who is a victim, except as specified. »Less
March 19, 2009
To Coms. on JUD. and REV. & TAX.
March 2, 2009
Read first time.
Feb. 28, 2009
From print. May be acted upon on or after March 30.
Feb. 27, 2009
Introduced. To Com. on RLS. for assignment. To print.
Domestic violence: marriage license fees.
An act to amend Sections 26840.7 and 26840.8 of the Government Code, and to amend Sections 18293 and 18305 of the Welfare and Institutions Code, relating to domestic violence, and making an appropriation therefor.
Digest: Existing law requires the collection of a fee in addition to the basic fee for the issuance of a marriage license and for the issuance of an authorization for the performance of marriages without a license, in the amount of $23, for funding of ... »More
Digest: Existing law requires the collection of a fee in addition to the basic fee for the issuance of a marriage license and for the issuance of an authorization for the performance of marriages without a license, in the amount of $23, for funding of domestic violence shelter-based programs, to be disposed of by the county clerk under specified provisions, including a requirement that $4 be used, to the extent feasible, to develop and expand domestic violence centers to target underserved areas and populations. This bill would increase the fee required to be collected for domestic violence centers to $30 and would require $6 of that amount to be allocated to develop and expand shelter-based programs to target underserved areas and populations to the extent feasible. This bill would result in a change in state taxes for the purpose of increasing state revenues within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 2 3 of the membership of each house of the Legislature. By providing for the expenditure of state tax revenue, this bill would make an appropriation. »Less
Headlines 1 - 10 (of 16):
Lindy DeKoven: Has Gov. Jerry Brown Defended and Promoted Women and Girls in California?* The Huffington Post - Blog, April 8, 2012
... ills the California Commission on the Status of Women sponsored that pertain to domestic violence: SB 782 (Yee, 2010) Rental Housing. This bill prohibits a landlord from evicting a residential tenant based on acts of domestic violence, sexual assault or stalling against the tenan ...
New CA Laws Include Health Reforms KCRA 3, Dec. 28, 2010
... be allowed to evict tenants who are victims of domestic violence, sexual assault or stalking under SB782 by Sen. Leland Yee, D-San Francisco. The law prohibits landlords from evicting tenants if the primary reason is the tenant's concern of being attacked again. One of the year' ...
New laws will allow California to begin health reforms Bakersfield Californian, Dec. 26, 2010
... be allowed to evict tenants who are victims of domestic violence, sexual assault or stalking under SB782 by Sen. Leland Yee, D-San Francisco. The law prohibits landlords from evicting tenants if the primary reason is the tenant's concern of being attacked again.> One of the year ...
STATE: New laws will allow California to begin health reforms North County Times, Dec. 26, 2010
... e allowed to evict tenants who are victims of domestic violence, sexual assault or stalking under SB782 by Sen. Leland Yee, D-San Francisco. The law prohibits landlords from evicting tenants if the primary reason is the tenant's concern of being attacked again. -- One of the ...
New Calif. laws to begin health reforms KGO-TV, Dec. 26, 2010
... be allowed to evict tenants who are victims of domestic violence, sexual assault or stalking under SB782 by Sen. Leland Yee, D-San Francisco. The law prohibits landlords from evicting tenants if the primary reason is the tenant's concern of being attacked again. -- One of the y ...
New laws will allow Calif. to begin health reforms Sacramento Bee, Dec. 26, 2010
... be allowed to evict tenants who are victims of domestic violence, sexual assault or stalking under SB782 by Sen. Leland Yee, D-San Francisco. The law prohibits landlords from evicting tenants if the primary reason is the tenant's concern of being attacked again.- One of the year ...
New laws will allow Calif. to begin health reforms San Diego Union-Tribune, Dec. 26, 2010
... be allowed to evict tenants who are victims of domestic violence, sexual assault or stalking under SB782 by Sen. Leland Yee, D-San Francisco. The law prohibits landlords from evicting tenants if the primary reason is the tenant's concern of being attacked again. - One of the ye ...
New laws will allow Calif. to begin health reforms North County Times, Dec. 26, 2010
... be allowed to evict tenants who are victims of domestic violence, sexual assault or stalking under SB782 by Sen. Leland Yee, D-San Francisco. The law prohibits landlords from evicting tenants if the primary reason is the tenant's concern of being attacked again. _ One of the ...
Kamala D. Harris: Protecting Victims of Domestic Abuse* The Huffington Post - Blog, Oct. 19, 2010
... Francisco) saw the wisdom in the law and decided to replicate it statewide. In 2008, Yee introduced SB 782 to prohibit tenant evictions if the eviction is based on incidents of domestic violence, sexual assault, or stalking. The bill also allows landlords to change the locks on ...
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