§ 1161.3 Lease not to be terminated based on domestic or sexual assault against tenant or household member; exceptions; landlord
§ 1161.3. Lease not to be terminated based on domestic or sexual assault against tenant or household member;
exceptions; landlord’s liability for compliance; tenant defined; form for affirmative defense to unlawful detainer
action
(a) Except as provided in subdivision (b), a landlord shall not terminate a tenancy or fail to renew a tenancy based upon an act or acts against a tenant or a tenant's household member that constitute domestic violence as defined in Section 6211 of the Family Code, sexual assault as defined in Section 1219, or stalking as defined in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code, if both of the following apply:
(1) The act or acts of domestic violence, sexual assault, or stalking have been documented by one of the following:
(A) A temporary restraining order or emergency protective order lawfully issued within the last 180 days pursuant to Section 527.6, Part 3 (commencing with Section 6240), Part 4 (commencing with Section 6300), or Part 5 (commencing with Section 6400) of Division 10 of the Family Code, Section 136.2 of the Penal Code, or Section 213.5 of the Welfare and Institutions Code that protects the tenant or household member from domestic violence, sexual assault, or stalking.
(B) A copy of a written report, written within the last 180 days, by a peace officer employed by a state or local law enforcement agency acting in his or her official capacity, stating that the tenant or household member has filed a report alleging that he or she or the household member is a victim of domestic violence, sexual assault, or stalking.
(2) The person against whom the protection order has been issued or who was named in the police report of the act or acts of domestic violence, sexual assault, or stalking is not a tenant of the same dwelling unit as the tenant or household member.
(b) A landlord may terminate or decline to renew a tenancy after the tenant has availed himself or herself of the protections afforded by subdivision (a) if both of the following apply:
(1) Either of the following:
(A) The tenant allows the person against whom the protection order has been issued or who was named in the police report of the act or acts of domestic violence, sexual assault, or stalking to visit the property.
(B) The landlord reasonably believes that the presence of the person against whom the protection order has been issued or who was named in the police report of the act or acts of domestic violence, sexual assault, or stalking poses a physical threat to other tenants, guests, invitees, or licensees, or to a tenant's right to quiet possession pursuant to Section 1927 of the Civil Code.
(2) The landlord previously gave at least three days' notice to the tenant to correct a violation of paragraph (1).
(c) Notwithstanding any provision in the lease to the contrary, the landlord shall not be liable to any other tenants for any action that arises due to the landlord's compliance with this section.
(d) For the purposes of this section, “tenant” means tenant, subtenant, lessee, or sublessee.
(e) The Judicial Council shall, on or before January 1, 2012, 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.