FOR IMMEDIATE RELEASE
June 9, 2008
Contact:
Erica Terry Derryck, DA Harris’ Office, 553-1167
Connie Chan, DA Harris’ Office, 553-9108
DA Harris and Supervisor Chu Introduce Legislation Safeguarding Domestic Violence Victims from Unfair Eviction
SAN FRANCISCO, CA – District Attorney Kamala D. Harris and Supervisor Carmen Chu announced today that they are sponsoring Domestic Violence Housing Rights Legislation to protect victims of domestic violence from unfair evictions. San Francisco Supervisor Carmen Chu will introduce the legislation on Tuesday, June 10, 2008 before the Board of Supervisors.
The proposed legislation will amend the San Francisco Rent Ordinance to prevent victims of domestic abuse from being evicted based on any noise, nuisance or complaints that are caused by their abuse. The legislation was crafted with safeguards to protect the rights of landlords and their tenants who are victims of domestic violence.
"By turning those who have been abused back out on the streets, we are essentially re-victimizing them," said Supervisor Carmen Chu. "Domestic violence is the second-leading cause of homelessness among women in San Francisco. There is a diminished impact on their health, safety, and the chances of holding their abusers accountable if they cannot recover in a safe environment."
Of the City’s felony domestic violence cases dismissed by the courts in 2007, 55 percent involved a victim who was unavailable to testify. In contrast, when prosecutors have been able to bring a case before a jury with a testifying victim, the conviction rate was 76 percent in what many legal experts say are difficult cases to prosecute.
"Judges and juries get it. When they hear from the victims, they convict," said District Attorney Kamala D. Harris. "We need to make sure that we support victims so they can feel safe in coming forward. And the most basic support they need is stable housing. If they have stable housing it’s more likely that they will come to court, testify and help us secure a conviction."
The legislation will permit victims of domestic violence to terminate a lease if the victim must leave his or her residence to protect her or her family’s safety. Also, under the new law, victims will be permitted to terminate a lease upon 14 days notice to the landlord. However, the tenant would remain liable for the remaining rent owed to the landlord.
Victims would also have to be able to prove in court that they are being evicted because of noise or nuisance resulting from abuse. For proof of abuse the legislations calls for victims to file a police report and/or apply for a restraining order to document the abuse taking place.
"This new law will help keep domestic violence victims safe in their homes," said Beverly Upton, Executive Director of the San Francisco Domestic Violence Consortium & Partners Ending Domestic Abuse. "We've been fighting for even stronger, comprehensive housing and employment protections under the law, and this legislation is a critical first step forward in that fight."
If not for the Governor’s veto, a SB 1745, measure sponsored by DA Harris that passed the Legislature in 2006 would have outlawed employment and housing discrimination against domestic violence victims by making them a protected class. DA Harris and Supervisor Chu have been working to ensure similar protections for local victims.
Over 20 other jurisdictions, including the United States federal government, Arizona, New York, Washington D.C., Illinois, Indiana, Iowa, Louisiana, Minnesota, New Mexico, North Carolina, Oregon, Texas, Utah, Virginia, and Washington, have enacted tenants protections for victims of domestic violence and stalking.
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