Tenancy: termination.
Summary
Existing law authorizes a tenant to terminate a tenancy and to be released from any rent payment obligation under the lease or rental obligation without penalty if the tenant provides to the landlord a notice to terminate the tenancy because 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. Existing law requires the notice to terminate the tenancy to 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 terminate their tenancy without penalty 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 to the notice 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.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2020
Committee Review
Aug 2020
Senate Passage
Jun 2020
Assembly Passage
Aug 2020
Signed into Law
Sep 2020
Introduced Feb 20, 2020
Signed Sep 28, 2020
Floor votes · Senate Jun 25, 2020 · Assembly Aug 31, 2020
How they voted
24–9
Passed · 2 other
Total votes 35
Jun 25, 2020
D
Democratic26
92% Yea
R
Republican9
100% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
31
Key actions
10
Committee
7
Amendments
2
Sep 28, 2020
Signed into law
Approved by the Governor.
legislature
Aug 31, 2020
Assembly · Passed
Assembly Vote: pass (40-14-18)
assembly
Aug 31, 2020
Upper · Passed
Assembly amendments concurred in. (Ayes 27. Noes 10.) Ordered to engrossing and enrolling.
upper
Aug 30, 2020
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 30, 2020
Lower · Passed
Read third time. Passed. (Ayes 45. Noes 15. Page 5390.) Ordered to the Senate.
lower
Aug 12, 2020
Lower · Passed
From committee: Do pass. (Ayes 8. Noes 3.) (August 12).
lower
Jul 27, 2020
Lower · Passed
July 30 hearing postponed by committee.
lower
Jul 9, 2020
Lower · Passed
July 22 hearing postponed by committee.
lower
Jun 29, 2020
Committee
Referred to Com. on JUD.
lower
Jun 25, 2020
Upper · Passed
Read third time. Passed. (Ayes 27. Noes 11. Page 3845.) Ordered to the Assembly.
upper
Jun 18, 2020
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 2. Page 3770.) (June 18).
upper
May 28, 2020
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 3584.) (May 22).
upper
Mar 5, 2020
Committee
Referred to Com. on JUD.
upper
Feb 20, 2020
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 3 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
ME
María Elena Durazo
DDemocratic
Co
Henry Stern
DDemocratic
Co
Jim Beall
DDemocratic
Co
Scott Wiener
DDemocratic
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