This bill expands the protections for tenants who are victims of domestic violence, stalking, unlawful sexual behavior, and domestic abuse (referred to as "victim-survivors") in cases of unlawful detention of real property. The bill aims to ensure that these tenants are not unjustly penalized for actions related to their victimization. Here are the key provisions:
Key Provisions:
Expanded Exceptions for Victims:
The bill expands the current exceptions that protect tenants from eviction or penalties related to unlawful detention of real property. It now includes victims of unlawful sexual behavior, stalking, and domestic abuse in addition to domestic violence.
Required Documentation:
Victim-survivors must provide documentation to support their claim of victimization. The bill expands the acceptable forms of documentation:
Police reports or valid civil or emergency protection orders are still required.
New documentation options include a self-attestation affidavit or a letter from a qualified third party (such as a counselor or advocate) from whom the tenant sought assistance.
Repayment Plan for Nonpayment or Late Payment:
If a tenant is accused of unlawful detention due to nonpayment or late payment of rent, and they provide the required documentation, the landlord must offer a repayment plan within 48 hours of receiving the documentation or the demand for unpaid rent.
Personal Service for Victim-Survivors:
If a landlord has notice that a tenant is a victim-survivor, the bill requires the landlord to serve notice through personal service to the tenant rather than by alternative methods (like posting or mail).
Suppressed Court Records:
Court records related to unlawful detention will remain suppressed if the tenant asserts a defense based on being a victim-survivor and provides the required documentation.
Early Lease Termination:
If a victim-survivor terminates a lease due to their victimization (such as after an incident of stalking, domestic violence, or unlawful sexual behavior), the bill ensures they are not liable for damage caused by the responsible party or during the incident.
The tenant is only liable for one month’s rent after vacating, but only if the landlord can provide documentation of economic damages resulting from the early termination.
Debt Collection Protections:
The bill prohibits landlords from assigning any alleged debt to a third-party debt collector unless the landlord has followed specific procedures:
Providing the tenant with documentation of the economic damages.
Giving the tenant at least 90 days' written notice before involving a third-party debt collector.
Lock Changes and Safety Precautions:
If a tenant notifies the landlord that they are a victim-survivor and provides the necessary documentation, the bill prohibits landlords from:
Preventing the tenant from changing locks for safety.
Imposing any fees or retaliating against the tenant for changing locks or taking other reasonable safety precautions.
Civil Action for Violations:
Tenants who experience retaliation or violations of their rights under the bill can bring a civil action against the landlord.
Purpose:
The bill is designed to provide additional protections for tenants who are survivors of abuse and violence. It ensures that they are not further victimized through unlawful detention processes and that they have the opportunity to remain in stable housing, despite their victimization, without facing additional legal or financial burdens. This also promotes tenant safety by allowing them to take actions like changing locks without fear of retaliation from landlords.
The bill also ensures that landlords are held accountable for providing transparent documentation of any damages they claim to have incurred due to early lease termination, and it prevents unfair practices related to debt collection for victims of abuse.
Summary
As it relates to unlawful detention of real property, the bill expands
current exceptions for tenants who are victims of domestic violence to include victims of unlawful sexual behavior, stalking, and domestic abuse (victim-survivor).
If domestic violence or domestic abuse was the cause of an alleged
unlawful detention of real property, current law requires the tenant to document the domestic violence or domestic abuse through a police report or a valid civil or emergency protection order (required documentation). The bill expands the required documentation to include a self-attestation affidavit or a letter signed by a qualified third party from whom the tenant sought assistance. If a tenant has been alleged to have committed unlawful detention of real property due to nonpayment or late payment of rent and the tenant has provided the landlord with the required documentation, the bill requires the landlord to offer the tenant a repayment plan no later than 48 hours after serving a demand for unpaid rent or no later than 48 hours after receiving the required documentation.
If a landlord has written or actual notice that a tenant is a
victim-survivor, the bill requires the landlord to perfect service only through personal service to the tenant.
The bill requires court records related to unlawful detention of real
property to remain suppressed if a defendant asserts as a defense that the defendant is a victim-survivor and provides the required documentation. The bill makes changes to certain court procedures as the procedures relate to victim-survivors.
If a tenant who is a victim-survivor terminates a lease and provides
the required documentation, the tenant is not liable for damage to the dwelling unit caused by the responsible party or during the course of an incident of unlawful sexual behavior, stalking, domestic violence, or domestic abuse. The bill requires the tenant to pay no more than one month's rent following vacation only if the landlord has incurred economic damages as a direct result of the early termination and the landlord has provided documentation of the economic damages to the tenant within 30 days after termination of the agreement.
The bill prohibits a landlord from assigning a debt allegedly owed
by a tenant who is a victim-survivor to a third-party debt collector unless the landlord complies with the requirement to provide the tenant with documentation of the economic damages incurred by the landlord and provides at least 90 days' written notice to the tenant.
If a tenant provides notice to the landlord that the tenant is a
victim-survivor and provides the required documentation, the bill prohibits the landlord from preventing the tenant from changing the locks and prohibits the landlord from imposing fees on, taking any adverse action against, or otherwise retaliating against the tenant for changing the locks or taking other reasonable safety precautions. The bill authorizes a tenant to bring a civil action against a landlord for violating this provision.
