Domestic violence: permanent restraining orders and elder abuse orders.

Existing law authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence, sexual assault, or stalking and intends to terminate the tenancy, and requires that the tenant attach a copy of a temporary restraining order, emergency protective order, or a report by a peace officer to the notice. Existing law permits the tenant to quit the premises after notification and limits the tenant's obligation for payment of rent, as specified. Existing law requires the notice to terminate the tenancy to be given within 180 days of the date the order was issued or the report was made, or as specified. This bill would include abuse of an elder or a dependent adult, as defined, among the acts for which a tenant may terminate a tenancy under the above provisions. The bill would also include a copy of a protective order among the approved documents required to be provided to the landlord with a notice to terminate a tenancy under the above provisions. Existing law prohibits 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 by a temporary restraining order, emergency protective order, or a written report, as specified, and the person who is restrained from contact with the protected tenant under the protection order, or is named in the police report of that act is not a tenant of the same dwelling unit. This bill would include protective orders among the documents that may be provided to establish domestic violence, sexual assault, or stalking against a protected tenant or a protected tenant's household member under the above provisions. The bill would also include abuse of an elder or a dependent adult among the acts for which a landlord may not terminate a tenancy or fail to renew a tenancy under the above provisions. Existing law requires 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 described above as an affirmative defense to an unlawful detainer action. This bill would require that action by the Judicial Council to be taken on or before January 1, 2014.