California 2021-2022 Regular Session Status: Enacted

SB 1017 — Leases: termination of tenancy: abuse or violence.

Last action — Chaptered by Secretary of State. Chapter 558, Statutes of 2022.

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

This bill has been enacted into law. Introduced February 14, 2022. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law authorizes a tenant to provide a landlord with 180-day written notice, as specified, that the tenant, household member, or immediate family member, as defined, was a victim of an act of domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or of other specified crimes, and that the tenant intends to terminate the tenancy. Existing law limits the amount of rent for which the tenant is responsible to not more than 14 calendar days after the notice is given and requires the tenant to be released from responsibility for making other rent payments under the lease, as specified. This bill would make a landlord or agent liable to the tenant for actual damages and, except as specified, statutory damages of not less than $100 and not more than $5,000 in a civil action for violation of these provisions. Existing law prohibits a landlord from terminating or failing to renew a tenancy based upon an act or acts against a tenant or a tenant's household member that constitute domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse if certain standards are met. Existing law requires the act to be documented in one of several ways, including by a court order, police report, or tenant statement and qualified third party statement, as specified, and existing law requires that the person against whom the order was issued, or who was named in the police report or tenant statement and qualified third party statement, not be a tenant of the same dwelling unit as the tenant or household member. Existing law allows a landlord to terminate or decline to renew a tenancy if the tenant allows the person against whom the court order was issued or who was named in the police report or tenant statement and qualified third party statement to visit the property or if the landlord reasonably believes that the presence of the person poses a physical threat to other tenants, guests, invitees, or licensees, or to a tenant's right to quiet possession, and the landlord previously gave at least 3 days' notice to the tenant to correct the violation, as specified. This bill would recast these provisions to prohibit a landlord, except as specified, from terminating or failing to renew a tenancy based on an act of abuse or violence, as defined, against a tenant, a tenant's immediate family member, as defined, or a tenant's household member, as specified. The bill would make a landlord's violation of those provisions an affirmative defense to a cause of action for unlawful detainer that is based upon an act of abuse or violence against a tenant, a tenant's immediate family member, or a tenant's household member, as specified. The bill would make conforming changes to the required notice form and would require the Judicial Council to update its form, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 558, Statutes of 2022.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Assembly amendments concurred in. (Ayes 31. Noes 9. Page 5082.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 54. Noes 9. Page 5994.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered to second reading.

  9. From committee: Do pass as amended. (Ayes 7. Noes 1.) (June 21).

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  11. Referred to Com. on JUD.

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

  13. Read third time. Passed. (Ayes 28. Noes 9. Page 3884.) Ordered to the Assembly.

  14. Read second time. Ordered to third reading.

  15. Read second time and amended. Ordered to second reading.

  16. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3779.) (May 19).

  17. Set for hearing May 19.

  18. May 9 hearing: Placed on APPR suspense file.

  19. Set for hearing May 9.

  20. Read second time and amended. Re-referred to Com. on APPR.

  21. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1. Page 3436.) (April 19).

  22. Set for hearing April 19.

  23. April 5 hearing postponed by committee.

  24. Set for hearing April 5.

  25. Referred to Coms. on JUD. and APPR.

  26. From printer.

  27. Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.

  28. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 8 voted No

Sponsors (1)

  • Eggman

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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 SB1017 Eggman et al. Concurrence

Passed 31 Yea · 9 Nay
Party YeaNayPresentNot Voting
Democratic 13000
Unaffiliated 18500
Republican 0400
Total 31900
% of votes cast 78%23%0%0%
How each member voted (40)
Member Party Vote
Leyva — Yea
Pan — Yea
Atkins — Yea
Dodd — Yea
Gonzalez — Yea
Rubio — Yea
Skinner — Yea
Portantino — Yea
Kamlager — Yea
Newman — Yea
Bradford — Yea
Glazer — Yea
Eggman — Yea
Hertzberg — Yea
Min — Yea
Roth — Yea
Wieckowski — Yea
Hueso — Yea
Wilk — Nay
Melendez — Nay
Borgeas — Nay
Nielsen — Nay
Bates — Nay
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

SB 1017 Eggman Senate Third Reading By Wilson

Passed 54 Yea · 9 Nay · 17 Other
Party YeaNayPresentNot Voting
Democratic 29003
Unaffiliated 25608
Republican 0306
Total 549017
% of votes cast 68%11%0%21%
How each member voted (80)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Mathis — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Quirk — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Daly — Yea
McCarty — Yea
Cooper — Yea
Smith — Nay
Voepel — Nay
Waldron — Nay
Kiley — Nay
Gray — Not Voting
Levine — Not Voting
O'Donnell — Not Voting
Cunningham — Not Voting
Rodriguez — Not Voting
Mayes — Not Voting
Bigelow — Not Voting
Medina — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Not Voting
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Not Voting
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Not Voting

Official roll call →

Do pass as amended.

Passed 7 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 3101
Democratic 4000
Republican 0001
Total 7102
% of votes cast 70%10%0%20%
How each member voted (10)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Kiley — Nay
Cunningham — Not Voting
Mark Stone — Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Davies, Laurie Republican Not Voting

Official roll call →

3rd Reading SB1017 Eggman et al.

Passed 28 Yea · 9 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 17501
Republican 0400
Democratic 11002
Total 28903
% of votes cast 70%23%0%8%
How each member voted (40)
Member Party Vote
Nielsen — Nay
Wilk — Nay
Melendez — Nay
Hertzberg — Not Voting
Wieckowski — Yea
Newman — Yea
Gonzalez — Yea
Min — Yea
Portantino — Yea
Skinner — Yea
Hueso — Yea
Eggman — Yea
Glazer — Yea
Pan — Yea
Bradford — Yea
Atkins — Yea
Kamlager — Yea
Dodd — Yea
Roth — Yea
Leyva — Yea
Rubio — Yea
Borgeas — Nay
Bates — Nay
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Not Voting
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Democratic 1000
Republican 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Portantino — Yea
Kamlager — Yea
Wieckowski — Yea
Bradford — Yea
Bates — Nay
Laird, John Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Portantino — Yea
Wieckowski — Yea
Kamlager — Yea
Bates — Yea
Bradford — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 3001
Republican 0100
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Wieckowski — Yea
Gonzalez — Yea
Hertzberg — Yea
Borgeas — Not Voting
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Subjects

housing civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1017 do?
Existing law authorizes a tenant to provide a landlord with 180-day written notice, as specified, that the tenant, household member, or immediate family member, as defined, was a victim of an act of domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or of other specified crimes, and that the tenant intends to terminate the tenancy. Existing law limits the amount of rent for which the tenant is responsible to not more than 14 calendar days after the notice is given and requires the tenant to be released from responsibility for making other rent payments under the lease, as specified. This bill would make a landlord or agent liable to the tenant for actual damages and, except as specified, statutory damages of not less than $100 and not more than $5,000 in a civil action for violation of these provisions. Existing law prohibits a landlord from terminating or failing to renew a tenancy based upon an act or acts against a tenant or a tenant's household member that constitute domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse if certain standards are met. Existing law requires the act to be documented in one of several ways, including by a court order, police report, or tenant statement and qualified third party statement, as specified, and existing law requires that the person against whom the order was issued, or who was named in the police report or tenant statement and qualified third party statement, not be a tenant of the same dwelling unit as the tenant or household member. Existing law allows a landlord to terminate or decline to renew a tenancy if the tenant allows the person against whom the court order was issued or who was named in the police report or tenant statement and qualified third party statement to visit the property or if the landlord reasonably believes that the presence of the person poses a physical threat to other tenants, guests, invitees, or licensees, or to a tenant's right to quiet possession, and the landlord previously gave at least 3 days' notice to the tenant to correct the violation, as specified. This bill would recast these provisions to prohibit a landlord, except as specified, from terminating or failing to renew a tenancy based on an act of abuse or violence, as defined, against a tenant, a tenant's immediate family member, as defined, or a tenant's household member, as specified. The bill would make a landlord's violation of those provisions an affirmative defense to a cause of action for unlawful detainer that is based upon an act of abuse or violence against a tenant, a tenant's immediate family member, or a tenant's household member, as specified. The bill would make conforming changes to the required notice form and would require the Judicial Council to update its form, as specified.
Who sponsors SB 1017?
SB 1017 is sponsored by Cristina Garcia, Eggman, and Skinner.
What is the current status of SB 1017?
This bill has been enacted into law. Introduced February 14, 2022. Enacted.
Where can I track SB 1017?
Track SB 1017 free on One Click Politics — get push/email alerts when it moves.

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