SB 404 - This act allows a tenant to terminate a lease agreement if the tenant, his or her dependent, or another household member is a victim of domestic violence, sexual assault, harassment, or stalking. The tenant must present the landlord with a written notice and either a copy of an order of protection or a report signed by a qualified third party who is a law enforcement officer, a medical professional, a court employee, or an employee of a rape crisis center. After providing the required documents to the landlord within 90 days of the incident, the tenant may terminate the lease and shall vacate the premises without further obligation under the lease agreement. The tenant shall not incur any penalties or fees for early termination and shall be discharged from the payment of rent for any period following the last day of the month in which the tenant vacates the premises. Upon vacating the premises, the tenant shall deliver the keys and all copies of the keys to the landlord. Other tenants who are parties to the lease agreement shall not be released from their obligations.
Additionally, if the tenant requests the landlord to terminate the lease agreement with the alleged perpetrator if the tenant and the alleged perpetrator live together and the landlord receives the order of protection or report within 90 days of the incident, the landlord shall evict the alleged perpetrator or, if there is no lease agreement with the alleged perpetrator, the landlord shall remove the alleged perpetrator from the premises.
Finally, this act prohibits a tenant screening service from disclosing the status of a tenant, prospective tenant, dependent, or household member as a victim of domestic violence, sexual assault, harassment, or stalking, or knowingly disclosing that a tenant, prospective tenant, dependent, or household member has previously terminated a lease under this act. A landlord shall not terminate a lease, fail to renew a lease, or refuse to enter into a lease because a tenant, prospective tenant, dependent, or household member is a victim of domestic violence, sexual assault, harassment, or stalking, or has previously terminated a lease under this act. However, a landlord may terminate or decline to renew a lease agreement if the tenant or household member allows the alleged perpetrator inside the premises following the landlord's receipt of the protection order or report. A landlord who violates this provision may be subject to a civil action for damages.
This act is substantially similar to provisions of SB 289 (2017) and similar to SCS/SB 60 (2019), provisions in SCS/SB 37 (2019), provisions in the truly agreed to and finally passed SCS/HCS/HBs 243 & 544 (2019), HB 683 (2019), and HB 2166 (2018).
SARAH HASKINS