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1107 9th Street Suite 700, Sacramento CA 95814
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Sacramento Office
Elizabeth A. Landsberg
Director of Legislative Advocacy
Brian Augusta
Legislative Advocate
Jessica Bartholow
Legislative Advocate
Michael E. Herald
Legislative Advocate
Michael Moynagh
Policy Analyst
Linda T. Nguy
Legislative Advocate
March 20, 2015
The Honorable David Chiu
California State Assembly
State Capitol
Sacramento, California
Re: AB 418 – Co-sponsor and Support
Dear Assembly Member Chiu:
On behalf of our low-income clients, we are pleased to co-sponsor and support AB 418.
Your bill would remove the sunset (December 31, 2015) on the current statute allowing a
survivor of domestic violence and other forms of abuse to terminate a residential lease
by providing specified documentation. AB 418 would also decrease the survivor’s
remaining rent obligation from 30 days to 14 days.
As introduced, the bill would have required the return and accounting for a security
deposit in 14 days also. That portion of the bill will be removed in Assembly Judiciary
Committee on 3/24.
Current law allows a survivor of domestic violence, sexual assault, elder/dependent
adult abuse, human trafficking, or stalking to terminate a residential lease early, based
upon giving a statement to a health professional, domestic violence counselor, a sexual
assault counselor, or a human trafficking caseworker that he or she has been a victim of
abuse. This provision is due to sunset on January 1, 2016. After that date, a survivor may
only terminate a lease early by obtaining a temporary restraining order, or through a
police report. Many survivors are unable to take either of those actions.
A termination under either current law or the more restrictive former provisions
obligates the tenant for 30 days of further rent. For those on month-to-month rental
agreements, even the current law does not provide a great advantage—month-to-month
tenancies normally permit a 30-day notice to terminate. Survivors seeking to extricate
themselves from an abusive living situation are hindered by the rent obligation
continuing for 30 days.
DV and other abusive relationships lead to homelessness. Over 80% of survivors
entering shelters identified “finding housing I can afford” as a need, second only to
“safety for myself” (85%). Reducing one’s rent obligation will help more survivors find
replacement housing. Between 22 and 57% of all homeless women report that domestic
violence was the immediate cause of their homelessness. In a 2006 report by the U. S.
Conference of Mayors, 44% of the cities surveyed identified domestic violence as the
primary cause of homelessness.
www.wclp.org
The Centers for Disease Control’s National Intimate Partner and Sexual Violence Survey
found that, among both men & women, 2.4% will require housing services as a result of
DV at some point in their lives. Over half of the women needing housing services
received none at all.
AB 418 would address these problems in two ways. First, it would remove the sunset
date of December 31, 2015 on the ability for a survivor to terminate a residential tenancy
early, based upon giving a statement to a healthcare and other enumerated
professionals. These provisions would become permanent.
Second, it would decrease the maximum rent liability following a notice to terminate
from 30 days to 14 days. This change will make the ability to terminate far more effective
in allowing victims to escape abusive relationships. To the extent that victims will have
the financial resources to move rather than stay, the change may be of benefit to
landlords and neighbors who might otherwise be in proximity to further abusive acts.
Several states have similar statutes. New York has a 10-day rent obligation. Oregon, the
District of Columbia, and the US Virgin Islands all have a 14-day limit. Washington has
a variable time frame. RCW 59.18.575 provides that the tenant’s rent obligation ends at
the end of the month in which notice was given.
Thank you for authoring this important legislation. We look forward to continuing to
work with you and your staff to secure enactment of AB 418.
Sincerely,
Brian Augusta
Legislative Advocate
cc:
Members, Assembly Judiciary Committee
Anthony Lew
Paul Dress