A new California bill boosts eviction protection for survivors of domestic violence 

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• PHOTO COURTESY OF LUMINA ALLIANCE
• EXPANDING CARE Along with resources like the Paso Robles transitional housing unit, Lumina Alliance is ready to help domestic violence survivors facing eviction through letters of support that document abuse.

Sacramento reinforced housing protection for domestic violence survivors this year.

Co-sponsored by state Sen. Susan Talamantes Eggman (D-Stockton), and approved by Gov. Gavin Newsom on Sept. 27, Senate Bill 1017 allows survivors who are tenants to retain their current housing, avoid eviction, and even sue their landlords who try to unlawfully evict them because of the abuse.

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Nationally speaking, an American Civil Liberties Union (ACLU) report stated that in 2005, 50 percent of American cities surveyed said domestic violence was the immediate cause of homelessness. In 2021, 86 domestic violence awareness programs in California participated in a national count of such services conducted by the National Network to End Domestic Violence. Those groups reported that housing and emergency shelter requests made up 42 percent of the 1,071 unmet calls for services received. Fifty-three percent of the fulfilled requests dealt with support and advocacy related to housing or landlords.

Jane Pomeroy, the chief communications officer at Lumina Alliance, told New Times that San Luis Obispo County faces a similar scenario. Earlier this year, the county ranked as the second least affordable small metro area in the United States, according to a data analysis by Porch.

"Housing is the No. 1 need among survivors who come to us," Pomeroy said. "We all know there is a housing crisis but it's particularly apparent here locally, ... particularly for survivors who are financially dependent on their partners who are abusive, or are low income, which is a significant portion of the clients we serve."

Pomeroy added that as of July 2021, Lumina served 1,015 people who reported their income level. Fifty-five percent of them said they earned between $0 to $5,000 annually. The organization currently has 167 unmet requests for shelter or housing, and 156 people who have applied to Lumina's Housing First and Financial Assistance program.

According to Pomeroy, the most dangerous time in a survivor's life is when they try to leave their abuser. Seventy-five percent of domestic violence-related homicides occur at that time, she said. However, Pomeroy sees a glimmer of hope.

"There are significant protections in place that already existed in California for survivors, and one of those protections was allowing victims to term their leases early and only requiring them to be responsible for up to two weeks of rent after they give notice," she said. "But it requires documentation, which is always a barrier for survivors."

One of those preexisting protections is California Code of Civil Procedure 1161.3—the eviction defense law where survivors must prove they withstood abuse with specific documentation like police reports, court orders, and qualified third party statements from groups like Lumina. Under the code, survivors can never allow their abuser to return to that property in order to keep themselves and neighboring tenants safe. However, there are loopholes to this law, which necessitated the creation of SB 1017 in order to give it more teeth.

Pomeroy said that apart from the list of eligible documentation of abuse being limited, obtaining them in the first place is difficult.

"There are always barriers to reporting and seeking service for fear of not being believed, for fear of retaliation, not being ready to seek support, not wanting to get their partner in trouble," she said.

Through SB 1017, the document list has expanded to include information from advocates of victims of violent crimes. It also eliminates a loophole in the previous statute that prevented survivors from claiming eviction protection if their abuser was also a tenant on the property who no longer lives there.

Other elements of SB 1017 include the option for survivors to remain in the unit on the same terms as the previous lease and ensuring they will not be a party in the eviction case, if the court finds that the landlord unlawfully evicted them because of the abuse. Most significantly, in the event of SB 1017 violations, survivors can sue their landlords for statutory damages of not less than $100 and not more than $5,000 in a civil action.

Still, Pomeroy thinks the bill can be tightened further. One of its provisions is the revocation of protections if the tenant voluntarily allows the abuser back on property, and the perpetrator becomes a potential threat to other residents.

"That part of the law gave me pause because I can just imagine if a case were to make it to court that the person causing harm would argue that they were invited back voluntarily whereas the survivor might argue that they just showed up without being invited," she said.

She added that Lumina's client services director said they'd received several incoming calls from survivors requesting information about their rights because they received eviction notices from their landlords. Along with resources, Lumina plans to help them with letters of support, which are qualified third-party statements for abuse documentation.

The organization also sets aside housing vouchers for survivors who need to escape from a dangerous living situation, but Pomeroy said that despite having those, many of survivors come across landlords who refuse to rent to voucher holders.

"My understanding is that there's a perception that someone who has a housing voucher is a difficult tenant, that they don't have reliable rent, that they may come with additional problems like substance abuse and domestic violence, when in reality, that's not necessarily the case," she said.

In reality, Pomeroy said, there is a benefit to renting to people with housing vouchers because community groups like the local housing authority support them with income and rent.

"Rising housing costs, eviction threats for past due rent, or noise complaints related to abuse, all compounded by lack of affordable child care and stagnant wages can compound trauma," Pomeroy said. Δ

Reach Staff Writer Bulbul Rajagopal at [email protected].