The California Apartment Association (CAA) is working to protect rental owners' interests in Sacramento. One recent example of this success can be seen in AB 2052. As originally introduced, this bill would have allowed a resident or another household member who has been a victim of domestic violence to terminate their rental agreement and be discharged from payment of rent upon presentation of a valid protective order issued by a court or written proof provided by a qualified third party. Under the original version of the bill, a qualified third party was broadly defined to include law enforcement, any employee of an organization that provides social or legal services to victims of domestic violence, any licensed health care practitioner or a member of the clergy. CAA was successful in amending the bill to limit the type of organization that can issue proof of the domestic violence incident. The bill now requires a protective order from a court or a police report to be issued and presented to the property owner before termination of the lease may be initiated by a resident. Additionally, the bill amendments require the resident wishing to prematurely vacate the property to demonstrate that the rent obligation is current and to make a request to vacate the property within 60 days of the domestic violence incident.

As introduced, the bill also attempted to address security deposits by allowing residents who prematurely terminate their rental agreement as a result of a domestic violence incident to obtain from the property owner their security deposit, less any allowable deductions. CAA successfully explained to the author's office that the security deposit goes with the unit and the provision to return the security deposit to the victim was not plausible, due to the fact that other co-residents are not released from their obligations under the rental agreement. As a result of these discussions, the security deposit language has been removed from the bill. (California Apt. Assn. – Rachel Arnold)###

Norbert Huston is a member of the San Joaquin County Rental Property Association, a chapter of the California Apartment Association.