California 2009-2010 Regular Session Status: To Executive

SB 782 — Residential tenancies: domestic violence.

Last action — Chaptered by Secretary of State. Chapter 626, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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, except as specified, prohibit a landlord from terminating a tenancy or failing to renew a tenancy based upon an act of domestic violence, sexual assault, or stalking against a protected tenant, as defined, or a protected tenant's household member when that act is documented, as specified, and the person who is restrained from contact with the protected tenant under a court order, as defined, or is named in a police report of that act is not a tenant of the same dwelling unit. The bill would require the landlord to change the locks, as defined, within 24 hours of a written request, as specified, when the restrained person is not a tenant of the same dwelling unit. The bill would also require, under specified circumstances, the landlord to change the locks when the restrained person is a tenant of the same dwelling unit. The bill would declare the landlord not liable to a restrained person who is excluded from the dwelling unit if the locks are changed pursuant to that provision. The bill would state that a restrained person who has been excluded from a dwelling unit under that provision remains liable under the lease with all other tenants of the dwelling unit for rent as provided in the lease. The bill would authorize a protected tenant to change the locks without the landlord's permission, as specified, notwithstanding any provision in the lease to the contrary, if the landlord does not change the locks within 24 hours, as specified, with regard to leases executed on or after the date the bill would take effect. The bill would also specify the manner in which a protected tenant is required to change the locks if the protected tenant changes the locks without the permission of the landlord. The bill would also require the Judicial Council, on or before January 1, 2012, to develop a new form or revise an existing form that may be used by a party to assert in the responsive pleading the grounds set forth in this section as an affirmative defense to an unlawful detainer action.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 626, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 4 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 22. Noes 15. Page 4931.) To enrollment.

  5. In Senate. To unfinished business.

  6. Read third time. Passed. (Ayes 70. Noes 5. Page 6306.) To Senate.

  7. Assembly Rule 69 (d) suspended. (Ayes 45. Noes 28. Page 6303.)

  8. (August 16 amended measure version corrected August 18.)

  9. Read third time. Amended. (Page 6248.) To third reading.

  10. Read second time. To third reading.

  11. (Heard in committee on August 4.)

  12. From committee: Do pass. (Ayes 10. Noes 2.)

  13. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  14. Read second time. Amended. Re-referred to Com. on APPR.

  15. (Heard in committee on June 15.)

  16. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 2.)

  17. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  18. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  19. Hearing postponed by committee.

  20. Hearing postponed by committee.

  21. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  22. Set, first hearing. Hearing canceled at the request of author.

  23. To Com. on JUD.

  24. In Assembly. Read first time. Held at Desk.

  25. Read third time. Passed. (Ayes 21. Noes 18. Page 1115.) To Assembly.

  26. (Ayes 37. Noes 0. Page 1040.)

  27. Reconsideration granted.

  28. Motion to reconsider made by Senator Yee.

  29. Read third time. Refused passage. (Ayes 19. Noes 15. Page 1040.)

  30. Read second time. Amended. To third reading.

  31. From committee: Do pass as amended. (Ayes 3. Noes 0. Page 808.)

  32. Set for hearing May 5.

  33. Hearing postponed by committee.

  34. Set for hearing April 21.

  35. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  36. To Coms. on JUD. and REV. & TAX.

  37. Read first time.

  38. From print. May be acted upon on or after March 30.

  39. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Blumenfield · Cosponsor
  • Saldana · Cosponsor
  • Davis · Cosponsor
  • Florez · Cosponsor
  • Huffman · Cosponsor
  • Smyth · Cosponsor
  • Swanson · Cosponsor
  • Torrico · Cosponsor
  • Yee · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 8 co-sponsors · 113 not signed on · 3 voted No

Sponsors (1)

  • Yee

Co-sponsors (8)

  • Blumenfield
  • Saldana
  • Davis
  • Florez
  • Huffman
  • Smyth
  • Swanson
  • Torrico

Not signed on (113)

113 members have not signed on to this bill.

Show all 113 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB782 Yee

Passed 23 Yea · 15 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 211402
Democratic 2000
Republican 0100
Total 231502
% of votes cast 58%38%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Cedillo — Yea
Florez — Yea
Hancock — Yea
Lowenthal — Yea
Negrete — Yea
Cogdill — Nay
Hollingsworth — Nay
Huff — Nay
Runner — Nay
Corbett — Yea
Correa — Nay
Kehoe — Yea
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Price — Yea
Romero — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Not Voting
Wolk — Yea
Alquist — Yea
Ashburn — Nay
Ducheny — Yea
Dutton — Nay
Wright — Nay
Aanestad — Nay
Blakeslee — Yea
Harman — Nay
Leno — Yea
Pavley — Yea
Simitian — Yea
Emmerson — Nay
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 782 Yee Senate Third Reading By NAVA

Passed 81 Yea · 5 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 76504
Republican 3000
Democratic 2001
Total 81505
% of votes cast 89%5%0%5%
How each member voted (91)
Member Party Vote
Nava — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Charles — Not Voting
Conway — Nay
Hagman — Not Voting
Blakeslee — Not Voting
Miller — Nay
Norby — Yea
Ruskin — Yea
Silva — Not Voting
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Villines — Yea
Carter — Yea
Chesbro — Yea
Cook — Yea
Eng — Yea
Evans — Yea
Feuer — Yea
Bill — Yea
Tom — Yea
Fuentes — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Knight — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Block — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Adams — Yea
Anderson — Nay
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Smyth — Yea
Coto — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuller — Nay
Galgiani — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 11 Yea · 2 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 10206
Democratic 1000
Total 11206
% of votes cast 58%11%0%32%
How each member voted (19)
Member Party Vote
Coto — Yea
Charles — Yea
Hall — Yea
De — Not Voting
Leon — Not Voting
Conway — Nay
Gatto — Not Voting
Harkey — Not Voting
Miller — Nay
Nielsen — Yea
Skinner — Yea
Solorio — Not Voting
Bradford — Yea
Norby — Yea
Torlakson — Yea
Torrico — Yea
Davis — Yea
Fuentes — Not Voting
Calderon, Lisa Democratic Yea

Official roll call →

Senate 3rd Reading SB782 Yee

Passed 22 Yea · 18 Nay
Party YeaNayPresentNot Voting
Unaffiliated 211600
Democratic 1100
Republican 0100
Total 221800
% of votes cast 55%45%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Cogdill — Nay
Lowenthal — Yea
Negrete — Yea
Hancock — Yea
Harman — Nay
Hollingsworth — Nay
Kehoe — Yea
Leno — Yea
Liu — Yea
Runner — Nay
Ducheny — Yea
Dutton — Nay
Maldonado — Nay
Oropeza — Yea
Pavley — Yea
Romero — Yea
Steinberg — Yea
Benoit — Nay
Wiggins — Yea
Wolk — Yea
Wright — Nay
Aanestad — Nay
Alquist — Yea
Ashburn — Nay
Huff — Nay
McLeod — Yea
Simitian — Yea
Walters — Nay
Cedillo — Yea
Corbett — Yea
Correa — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Senate 3rd Reading SB782 Yee Reconsider

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 32004
Democratic 2001
Republican 1000
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Yea
Ducheny — Yea
Dutton — Yea
Hancock — Yea
Huff — Yea
Leno — Yea
Ashburn — Yea
Benoit — Yea
Negrete — Yea
Runner — Yea
Harman — Not Voting
Maldonado — Yea
McLeod — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wright — Not Voting
Aanestad — Yea
Alquist — Yea
Hollingsworth — Yea
Kehoe — Yea
Liu — Yea
Oropeza — Not Voting
Walters — Yea
Wolk — Not Voting
Wyland — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Not Voting
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Senate 3rd Reading SB782 Yee

Failed 20 Yea · 15 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 181404
Democratic 2001
Republican 0100
Total 201505
% of votes cast 50%38%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Nay
Hancock — Yea
Negrete — Yea
Corbett — Yea
Ducheny — Yea
Hollingsworth — Nay
Huff — Nay
Kehoe — Yea
Liu — Yea
McLeod — Yea
Runner — Nay
Ashburn — Nay
Dutton — Nay
Pavley — Yea
Romero — Yea
Simitian — Yea
Wiggins — Yea
Wyland — Nay
Harman — Not Voting
Walters — Nay
Aanestad — Nay
Alquist — Yea
Benoit — Nay
Leno — Yea
Maldonado — Nay
Oropeza — Not Voting
Steinberg — Yea
Wolk — Not Voting
Wright — Not Voting
Correa — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Not Voting
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 3 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 3002
Total 3002
% of votes cast 60%0%0%40%
How each member voted (5)
Member Party Vote
Corbett — Yea
Florez — Yea
Leno — Yea
Walters — Not Voting
Harman — Not Voting

Official roll call →

Subjects

housing civil-rights
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Frequently asked questions

What does SB 782 do?
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, except as specified, prohibit a landlord from terminating a tenancy or failing to renew a tenancy based upon an act of domestic violence, sexual assault, or stalking against a protected tenant, as defined, or a protected tenant's household member when that act is documented, as specified, and the person who is restrained from contact with the protected tenant under a court order, as defined, or is named in a police report of that act is not a tenant of the same dwelling unit. The bill would require the landlord to change the locks, as defined, within 24 hours of a written request, as specified, when the restrained person is not a tenant of the same dwelling unit. The bill would also require, under specified circumstances, the landlord to change the locks when the restrained person is a tenant of the same dwelling unit. The bill would declare the landlord not liable to a restrained person who is excluded from the dwelling unit if the locks are changed pursuant to that provision. The bill would state that a restrained person who has been excluded from a dwelling unit under that provision remains liable under the lease with all other tenants of the dwelling unit for rent as provided in the lease. The bill would authorize a protected tenant to change the locks without the landlord's permission, as specified, notwithstanding any provision in the lease to the contrary, if the landlord does not change the locks within 24 hours, as specified, with regard to leases executed on or after the date the bill would take effect. The bill would also specify the manner in which a protected tenant is required to change the locks if the protected tenant changes the locks without the permission of the landlord. The bill would also require the Judicial Council, on or before January 1, 2012, to develop a new form or revise an existing form that may be used by a party to assert in the responsive pleading the grounds set forth in this section as an affirmative defense to an unlawful detainer action.
Who sponsors SB 782?
SB 782 is sponsored by Blumenfield, Saldana, Davis, Florez, Huffman, Smyth, Swanson, Torrico, and Yee.
What is the current status of SB 782?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 782?
Track SB 782 free on One Click Politics — get push/email alerts when it moves.

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