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Sunday, November 8, 2009

Senate passes bill, prevents domestic violence victims from being evicted

The California Senate just passed Bill SB 782, which prevents landlords from evicting domestic violence victims. This new bill will encourage victims to defend themselves and not face eviction from their home. Eviction has discouraged victims, female and male, to file complaints of domestic violence or sexual assault. SB 782 will encourage women to step forward.

Many landlords have a nuisance clause in their rental agreement that allows them to evict tenants if there is a lot of noise, disturbance, police activity or complaints. When landlords evict domestic violence victims, it's like being victimized again by being pressured to move. Many of these domestic violence victims which are mostly women, end up homeless. Under SB 782, landlords would not be allowed to use their lease clause to evict women under these circumstances. Landlords however can evict the perpetrator of the abuse. It should also be stated that the law presently allows a victim to break their lease and go to a victim's shelter if they choose to do so.

SB 782 will protect victims, women or men, from being evicted only if they show a written statement by a qualified third party, such as a police officer, licensed clinical social worker or therapist. The tenant however, will still be responsible for the lease payments and other clauses.

If you are a victim of domestic violence or if you want to report an incident of domestic violence, call the 24-hour-a-day toll-free National Hotline at 1-(800) 799-SAFE or 1-(800) 787-3224 (TDD).
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Comments 1-10 of 14
  • Katie B's Avatar
    Posted by Katie B Wed Jun 3, 2009 2:29pm PDT

    I applaud this bill.. I don't live in California, but I think women (and men) should be helped and defended in that situation. And it's not like the victim wanted it in the first place and thus had control over it.

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  • Linda W's Avatar
    Posted by Linda W Wed Jun 3, 2009 2:43pm PDT

    What is Men are the victims of domestic violence. This just doesn't happen to women. They are also victims too.

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  • Katie B's Avatar
    Posted by Katie B Wed Jun 3, 2009 2:51pm PDT

    Linda, the article mentioned men as well. Third Paragraph, it states that men will be protected as well under this bill.

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  • Doktor Eevol's Avatar
    Posted by Doktor Eevol Wed Jun 3, 2009 3:12pm PDT

    "Eviction has discouraged victims, female and male, to file complaints of domestic violence or sexual assault."

    and

    "Many of these domestic violence victims which are mostly women, end up homeless."

    And, I'm glad that something is being done to help victims. Kudos to CA!

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  • YanksFan's Avatar
    Posted by YanksFan Wed Jun 3, 2009 8:15pm PDT

    More nonsense from the the nonsense capitol of the world - the California state legislature.

    So if a landlord makes the mistake of unwittingly renting an apartment to the "wrong" couple or person the landlord becomes embroiled in the dysfunctional relationship. Now what happens if another tenant refuses to pay rent because the landlord breaches the lease by failing to provide a peaceful and stable environment for that tenant? Will the legislature pay for that?

    If landlords will be denied the ability to evict disruptive tenants then they should be allowed to run in depth background checks including police records, credit checks, etc. at the expense of the prospective tenant.

    This law is typical liberal BS that takes away property rights and dictates how business owners will run their businesses.

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  • Donna P's Avatar
    Posted by Donna P Wed Jun 3, 2009 9:11pm PDT

    How about the OTHER tenants in the building!!

    Do they have to put up with the BAD people. The owner does not usually live in the building; now the owner cannot help the OTHER tenants by getting rid of the bad ones.

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  • WilliamM's Avatar
    Posted by WilliamM Wed Jun 3, 2009 10:26pm PDT

    So much for property rights.

    In most of these cases, the "victim" is a continuing problem because she won't prosecute her abuser. Because she "loves him". So the abuse goes on and on. But sure, let's make that the landlord's problem, and tell him what he can and cannot do with the property for which he---not the California Senate---paid.

    Only in the PRK.

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  • Kim's Avatar
    Posted by Kim Wed Jun 3, 2009 11:56pm PDT

    Paragraph 3 says men & women, but paragraph 2 specifies women. Which is it?

    Article states that landlords can evict the perpetrator. By what authority? Without a judgment? Where's the right to due process? Are we to turn landlords into enforcers? Of what law by what jurisdiction?

    This bill violates the rights of ALL. It seems specifically designed to do so. Remember that the victim has the right to leave and take responsibility for their own existence. I say this from first hand experience. It was hard, but those who will trade their liberty for convenience or comfort must necessarily lose all.

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  • Angela's Avatar
    Posted by Angela Thu Jun 4, 2009 5:51am PDT

    As an ex battered woman, I applaud this bill! However, I would like to see states take more action and find somewhere safe for battered women and their children to go. I mean, it's great not to evict them, but the abuser will always know where they live... you know? I would like to see more safe houses one day. Right now most safe houses are privately funded (some states provide a little funding) so there isn't much room. Domestic Violence is a huge problem that we all need to take a stand against!

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  • Angela's Avatar
    Posted by Angela Thu Jun 4, 2009 5:58am PDT

    One more thing, there is so much more to domestic violence than she won't leave b/c she "loves" him... most of the time, they don't leave because they are scared...I'm sure if my family wouldn't have supported me (something a lot of people DON'T have) I would be dead. He would have killed me for sending him to jail, and leaving.

    As for the thought that the government is just trying to control how business people run their businesses, I find, is borderline paranoid...

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Comments 1-10 of 14

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