(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 that the tenant, a household member, or an immediate family member, as defined, was the victim of a crime that caused physical injury, emotional injury and the threat of physical injury, or death. The bill would additionally authorize a tenant to attach one of the following to the notice to terminate a tenancy: (1) a written statement, as provided, stating that the tenant, a household member, or an immediate family member was a victim of an eligible act or crime, or (2) any other 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. 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 the Attorney General, 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 levying fines of up to $20,000 for each violation of the act. The bill would authorize the designated local agency to promulgate and enforce rules and administrative procedures that provide adequate notice and opportunity for all parties to be heard, and would authorize a party to seek judicial review of a determination made by a designated local agency.

Statutes affected:
SB 1190: 1946.7 CIV
02/20/20 - Introduced: 1946.7 CIV
04/06/20 - Amended Senate: 1946.7 CIV
04/24/20 - Amended Senate: 1946.7 CIV
05/13/20 - Amended Senate: 1946.7 CIV
SB1190: 1946.7 CIV