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Expansion of Domestic Violence Victim Lease Termination Laws

 

Landlord’s Legal Line “Expansion of Domestic Violence Victim rights in CaliforniaCaliforia Evictions – California Landlords

 

 

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Expansion of Domestic Violence Victim Lease
Termination Laws: Human

Trafficking

Existing law allows a resident who is a victim (or whose household member is a victim) of domestic violence,
stalking, sexual assault, elder abuse or abuse of a dependent adult to terminate tenancy by giving a 30-day notice and providing the landlord with a copy of a restraining order, protective order or police report indicating that the resident or household member is a victim of domestic violence, stalking, sexual assault, elder abuse or abuse of a dependent adult. Existing law further prohibits (with certain exceptions) a landlord from terminating a tenancy based on an act of domestic violence, stalking, sexual assault, elder abuse or abuse of a dependent adult where the perpetrator is not a tenant  and the victim has provided the landlord with a copy of a restraining order, protective order or police report alleging that the person is a victim of domestic violence, stalking, sexual assault, elder abuse or abuse of a dependent adult. This new law adds human trafficking to the list of covered acts.

It also adds to the list of documents that the tenant can provide to the landlord to include documentation from a qualified third party based on information received by that third party while acting in his or her professional capacity to indicate that the resident or household member is seeking assistance for physical or mental injuries or abuse resulting from an act of domestic violence, sexual assault, stalking, human trafficking, elder abuse or dependent adult abuse. The law also provides that a “qualified third party” must be a physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist or licensed professional clinical counselor. Alternatively, a domestic violence counselor or human trafficking case worker can sign the  documentation, but only if the documentation displays the letterhead of the office, hospital, institution, center or organization that  engages or employs the counselor or caseworker.Finally, as of January 1, 2014, the law prohibits a landlord from disclosing any information provided by a resident pursuant to Civil Code § 1946.7 to any third party unless (a) the resident consents in writing to the disclosure; or (b) the disclosure is required by law or court order. It is not considered to be a disclosure of information if the landlord communicates with a qualified third party who provided a statement that the resident was seeking assistance for physical or mental injuries or abuse resulting from an act of domestic violence, sexual assault, stalking, human trafficking, elder abuse or dependent adult abuse for the purposes of verifying the contents of that statement.

 


California Rent Control

The State of California has no Rent control, that’s not to say that some in the legislature haven’t been trying to implement it State wide for many years.  We’ll let you know if it should ever occur.
In the mean time these are the rent control districts in the State.
Not all rental housing, however, within a rent-controlled city is subject to rent control. Under state law, property that was issued a certificate of occupancy after February 1, 1995 is exempt from rent control. (CC § 1954.52.)
Also,  new construction is exempt in most rent control cities if it was built after the effective date of the ordinance. Most cities also exempt owner occupied buildings with four (or sometimes three or two) units. A few cities also exempt “luxury units” that rent for more than a certain amount. And as of January 1, 1999, all tenancies for single-family homes and most condos are exempt under state law if the tenancy began after January 1,1996. Furthermore, government-subsidized tenancies are exempt from rent control, with Berkeley as the lone exception.  Each and every one of them is different.
Berkeley

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