Maria Elena Durazo
- District 24
(1) Existing law authorizes a tenant to notify the landlord that the tenant or a household member, as defined, was a victim of an act of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult, as defined, and that the tenant intends to terminate the tenancy. Existing law requires the notice to terminate the tenancy be in writing and that the tenant attach to the notice one of the following: (a) a copy of a temporary restraining order or protective order, (b) a report by a peace officer stating that the tenant or household member has filed a report, or (c) documentation from a qualified third party, as defined, indicating that the tenant or household member is seeking assistance for physical or mental injuries or abuse. This bill, among other things, would expand these provisions to authorize a tenant to notify the landlord of their intent to terminate their tenancy because an immediate family member, as defined, was the victim of a crime and would expand the list of eligible crimes to include, among others, a crime that caused bodily injury or death. The bill would additionally authorize a tenant to attach any form of documentation that reasonably verifies that the qualifying crime or act occurred. This bill would also require a tenant terminating a tenancy when the immediate family member that is the victim of a qualifying crime or act did not live in the same household as the tenant and the crime or act did not occur within 1,000 feet of the tenant's dwelling unit, to provide a written statement to the landlord, as specified. The bill would prohibit a landlord from keeping the tenant's security deposit or advance rent if the tenant exercises these rights, and would specify that a tenant who terminates a rental agreement pursuant to these provisions shall not be considered to have breached the lease or rental agreement. The bill would prohibit an owner or an owner's agent from refusing to rent a dwelling unit to an otherwise qualified tenant solely on the basis that the tenant has previously exercised the tenant's rights under these provisions. (2) Existing law, the Tenant Protection Act of 2019, establishes certain protections for tenants of residential real property, including prohibiting an owner of residential real property from terminating a tenancy after 12 months of occupation without just cause, as defined, or increasing the gross rental rate more than a specified amount in a 12-month period. This bill would make the act enforceable by a city attorney, district attorney, or county counsel. The bill would authorize the legislative body of a local government to designate a local agency to investigate and enforce the provision of the act, including awarding restitution and levying fines of up to $20,000 for violations of the act. The bill would authorize the designated local agency to promulgate and enforce rules and administrative procedures, would require adequate notice and opportunity for all parties to be heard in any enforcement, and would authorize a party to seek judicial review of a determination made by a designated local agency. The bill would repeal these enforcement provisions on January 1, 2030.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 27. Noes 11.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2.) (June 18).
Set for hearing June 18.
June 9 hearing: Placed on APPR. suspense file.
Set for hearing June 9.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 3584.) (May 22).
Set for hearing May 22.
From printer. May be acted upon on or after March 22.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
|Bill Text Versions||Format|
|02/20/20 - Introduced|
|04/06/20 - Amended Senate|
|04/24/20 - Amended Senate|
|05/13/20 - Amended Senate|
|05/29/20 - Amended Senate|
|No related documents.|
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