Susan Eggman
- Democratic
- Senator
- District 5
Author
Existing law authorizes a tenant to provide a landlord with 180-day written notice, as specified, that the tenant, household member, or immediate family member, as defined, was a victim of an act of domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or of other specified crimes, and that the tenant intends to terminate the tenancy. Existing law limits the amount of rent for which the tenant is responsible to not more than 14 calendar days after the notice is given and requires the tenant to be released from responsibility for making other rent payments under the lease, as specified. This bill would make a landlord or agent liable to the tenant for actual damages and, except as specified, statutory damages of not less than $100 and not more than $5,000 in a civil action for violation of these provisions. Existing law prohibits a landlord from terminating or failing to renew a tenancy based upon an act or acts against a tenant or a tenant's household member that constitute domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse if certain standards are met. Existing law requires the act to be documented in one of several ways, including by a court order, police report, or tenant statement and qualified third party statement, as specified, and existing law requires that the person against whom the order was issued, or who was named in the police report or tenant statement and qualified third party statement, not be a tenant of the same dwelling unit as the tenant or household member. Existing law allows a landlord to terminate or decline to renew a tenancy if the tenant allows the person against whom the court order was issued or who was named in the police report or tenant statement and qualified third party statement to visit the property or if the landlord reasonably believes that the presence of the person poses a physical threat to other tenants, guests, invitees, or licensees, or to a tenant's right to quiet possession, and the landlord previously gave at least 3 days' notice to the tenant to correct the violation, as specified. This bill would recast these provisions to prohibit a landlord, except as specified, from terminating or failing to renew a tenancy based on an act of abuse or violence, as defined, against a tenant, a tenant's immediate family member, as defined, or a tenant's household member, as specified. The bill would make a landlord's violation of those provisions an affirmative defense to a cause of action for unlawful detainer that is based upon an act of abuse or violence against a tenant, a tenant's immediate family member, or a tenant's household member, as specified. The bill would make conforming changes to the required notice form and would require the Judicial Council to update its form, as specified.
Approved by the Governor.
Chaptered by Secretary of State. Chapter 558, Statutes of 2022.
Enrolled and presented to the Governor at 3 p.m.
Assembly amendments concurred in. (Ayes 31. Noes 9. Page 5082.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 54. Noes 9. Page 5994.) Ordered to the Senate.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 7. Noes 1.) (June 21).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 28. Noes 9. Page 3884.) Ordered to the Assembly.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3779.) (May 19).
Set for hearing May 19.
May 9 hearing: Placed on APPR suspense file.
Set for hearing May 9.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1. Page 3436.) (April 19).
Set for hearing April 19.
April 5 hearing postponed by committee.
Set for hearing April 5.
From printer.
Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1017 | HTML |
| 02/14/22 - Introduced | |
| 04/21/22 - Amended Senate | |
| 05/19/22 - Amended Senate | |
| 06/16/22 - Amended Assembly | |
| 06/22/22 - Amended Assembly | |
| 08/26/22 - Enrolled | |
| 09/27/22 - Chaptered |
| Document | Format |
|---|---|
| 04/15/22- Senate Judiciary | |
| 05/06/22- Senate Appropriations | |
| 05/19/22- Senate Appropriations | |
| 05/23/22- Sen. Floor Analyses | |
| 06/18/22- Assembly Judiciary | |
| 06/24/22- ASSEMBLY FLOOR ANALYSIS | |
| 08/22/22- Sen. Floor Analyses |
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