LEGISLATIVE COUNSEL'S DIGEST


SB 782, as amended, Yee. Residential tenancies: domestic violence.

Existing law governs the hiring of real property based on the
terms of the agreement, or on the behavior of the parties. Under
existing law, a tenant may notify the landlord in writing that he or
she, or a household member, was a victim of an act of domestic
violence, sexual assault, or stalking, and intends to terminate the
tenancy. The tenant is released from any rent payment obligation 30
days following the giving of the notice, or as specified.
Existing law establishes the criteria for determining when a
tenant is guilty of unlawful detainer of a premises, and includes
committing nuisance in this regard. Existing law provides, until
January 1, 2012, for the purposes of the law of unlawful detainer,
that if a person commits any specified act or acts of domestic
violence, sexual assault, or stalking against another tenant or
subtenant on the premises, there is a rebuttable presumption
affecting the burden of proof that the person has committed a
nuisance on the premises if the victim or a member of the victim's
household has not vacated the premises.
This bill would create a defense to an action for possession under
the unlawful detainer provisions described above, except as
specified, if the court determines that (1) the tenant or the tenant'
s household member is a victim of an act or acts that constitute
domestic violence, sexual assault, or stalking, and (2) the notice to
vacate quit is substantially based
upon the act or acts against the tenant or a tenant's household
member that constitute domestic violence, sexual assault, or
stalking, including, but not limited to, an action for possession
based on complaints of noise, disturbances, or repeated presence of
police. The bill would prohibit the eviction of any members of
the tenant's household from being evicted under the above
circumstances, except that the bill would require the member of the
household who committed the act or acts of domestic violence, sexual
assault, or stalking, to be evicted.
The bill would also authorize a tenant, who is a victim of,
or whose member of his or her household is a victim of, an act or
acts that constitute domestic violence, sexual assault, or stalking,
to request that the landlord seek a partial eviction ordering the
removal of another tenant who has committed the act or acts, as
specified. The bill would require the court to terminate the tenancy
of the tenant who committed the act or acts of domestic violence,
sexual assault, or stalking, if the landlord chooses to
seek a partial eviction of that tenant, as specified. The bill would
prohibit the court from evicting the victim or the remainder of the
tenants, as specified. The bill would require a landlord to
retain in strictest confidence all information regarding any act or
acts of domestic violence, sexual assault, or stalking that is
received in confidence from a tenant or a tenant's household member
who is a victim, except as specified.