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| To enact sections 9.131, 4113.80, 4113.81, 5321.171, | 1 |
| 5321.172, 5321.173, 5321.174, and 5321.175 of the | 2 |
| Revised Code to allow an employee who is a victim | 3 |
| of domestic violence to take unpaid leave for | 4 |
| purposes relating to the incident of domestic | 5 |
| violence; to allow an employee who is a victim of | 6 |
| domestic violence to file a civil action against | 7 |
| that employee's employer if the employer | 8 |
| terminates the employee's employment as a result | 9 |
| of the employee taking unpaid leave for purposes | 10 |
| relating to the incident of domestic violence; to | 11 |
| allow a tenant who is a victim of domestic | 12 |
| violence to terminate a rental agreement or have | 13 |
| the tenant's name removed from the rental | 14 |
| agreement under certain circumstances; to require | 15 |
| a landlord of a tenant who is a victim of domestic | 16 |
| violence or menacing by stalking to change the | 17 |
| lock to the dwelling unit where the tenant resides | 18 |
| under certain circumstances; to require a | 19 |
| metropolitan housing authority to transfer a | 20 |
| tenant who is a victim of domestic violence or | 21 |
| menacing by stalking if the tenant requests such a | 22 |
| transfer and provides the metropolitan housing | 23 |
| authority with certain specified information; and | 24 |
| to prohibit a county, municipal corporation, | 25 |
| township, or law enforcement agency of such a | 26 |
| political subdivision from charging any victim of | 27 |
| domestic violence a fee for assisting the victim. | 28 |
| Section 1. That sections 9.131, 4113.80, 4113.81, 5321.171, | 29 |
| 5321.172, 5321.173, 5321.174, and 5321.175 of the Revised Code be | 30 |
| enacted to read as follows: | 31 |
| Sec. 9.131. No county, municipal corporation, or township, | 32 |
| nor any law enforcement agency of a county, municipal corporation, | 33 |
| or township, may charge any victim of domestic violence or any | 34 |
| property owner where a victim of domestic violence resides for any | 35 |
| assistance that law enforcement officers provide to a victim of | 36 |
| domestic violence. | 37 |
| As used in this section, "domestic violence" has the same | 38 |
| meaning as in section 4113.80 of the Revised Code. | 39 |
| Sec. 4113.80. As used in this section and section 4113.81 of | 40 |
| the Revised Code: | 41 |
| (A) "Domestic violence" has the same meaning as in section | 42 |
| 3113.31 of the Revised Code. | 43 |
| (B) "Employee" has the same meaning as in section 4113.51 of | 44 |
| the Revised Code. | 45 |
| (C) "Employer" includes both of the following: | 46 |
| (1) The state or any agency or instrumentality of the state, | 47 |
| and any municipal corporation, county, township, school district, | 48 |
| or other political subdivision or any agency or instrumentality | 49 |
| thereof; | 50 |
| (2) Any person who employs one hundred or more employees for | 51 |
| each working day during each of twenty or more calendar work weeks | 52 |
| in the current or preceding calendar year. | 53 |
| (D) "Person" means an individual, corporation, business | 54 |
| trust, estate, trust, partnership, or association. | 55 |
| Sec. 4113.81. (A)(1) Subject to divisions (A)(2), (B)(1), | 56 |
| (C), and (D) of this section, an employee who is a victim of | 57 |
| domestic violence and who has been employed by the employee's | 58 |
| employer for at least twelve months may take a maximum of five | 59 |
| days per year of unpaid leave, and an employee who is a victim of | 60 |
| domestic violence and who has been employed by the employee's | 61 |
| employer for less than twelve months may take a maximum of three | 62 |
| days per year of unpaid leave, to do any of the following: | 63 |
| (a) File a petition under section 3113.31 of the Revised Code | 64 |
| or attend a hearing on the petition, file a petition and a request | 65 |
| for an ex parte order under section 3113.31 of the Revised Code or | 66 |
| attend a hearing on the petition, or file a petition for a | 67 |
| protection order or no-contact order under any substantially | 68 |
| similar law of another state or a substantially similar municipal | 69 |
| ordinance of this state or another state; | 70 |
| (b) File a motion for a protection order or attend a hearing | 71 |
| on the protection order pursuant to section 2919.26 of the Revised | 72 |
| Code or file a motion for a protection order or no-contact order | 73 |
| issued under any substantially similar law of another state or a | 74 |
| substantially similar municipal ordinance of this state or another | 75 |
| state; | 76 |
| (c) File a motion for a protection order or attend a hearing | 77 |
| on the protection order pursuant to section 2903.213 of the | 78 |
| Revised Code or file a motion for a protection order or no-contact | 79 |
| order issued under any substantially similar law of another state | 80 |
| or a substantially similar municipal ordinance of this state or | 81 |
| another state; | 82 |
| (d) Seek emergency medical attention related to an incident | 83 |
| of domestic violence. | 84 |
| (2) An employee shall provide the employee's employer with as | 85 |
| much notice as practicable before taking any unpaid leave under | 86 |
| division (A)(1) of this section. | 87 |
| (B)(1) An employee shall make reasonable efforts when | 88 |
| possible to address matters related to domestic violence during | 89 |
| nonwork hours. | 90 |
| (2) Subject to divisions (B)(1) and (3), (C), and (D) of this | 91 |
| section, if it is not reasonably practical for an employee to | 92 |
| schedule appointments outside the employee's working hours, the | 93 |
| employee may take unpaid leave under division (A)(1) of this | 94 |
| section with notice to the employee's employer pursuant to | 95 |
| division (B)(3) of this section to do any of the following: | 96 |
| (a) Seek nonemergency medical attention related to an | 97 |
| incident of domestic violence; | 98 |
| (b) Meet with law enforcement officers with respect to an | 99 |
| incident of domestic violence; | 100 |
| (c) Seek legal assistance or other assistance from a | 101 |
| counselor, social worker, victim advocate, health care provider, | 102 |
| or other professional who assists persons in dealing with an | 103 |
| incident of domestic violence; | 104 |
| (d) Attend a court proceeding concerning a civil protection | 105 |
| order under section 3113.31 of the Revised Code or other | 106 |
| injunctive relief for the employee's self or the employee's child; | 107 |
| (e) Attend a criminal court proceeding relating to the | 108 |
| prosecution of an incident of domestic violence. | 109 |
| (3) The employee shall provide notice as soon as the employee | 110 |
| knows of the need for unpaid leave under division (A)(1) of this | 111 |
| section for the reasons set forth in division (B)(2) of this | 112 |
| section and when an appointment necessitating that unpaid leave | 113 |
| has been scheduled. In no case shall the employee provide notice | 114 |
| any later than the start of the employee's shift or the beginning | 115 |
| of the employee's work day. | 116 |
| (C)(1) An employer may require an employee who takes unpaid | 117 |
| leave pursuant to divisions (A) and (B) of this section to provide | 118 |
| documentation of the domestic violence. The employee may satisfy | 119 |
| the documentation requirement by providing the employer with any | 120 |
| of the following: | 121 |
| (a) If the leave is to file a petition under section 3113.31 | 122 |
| of the Revised Code, a petition and a request for an ex parte | 123 |
| order under section 3113.31 of the Revised Code, a motion for a | 124 |
| protection order or no-contact order issued under any | 125 |
| substantially similar law of another state or a substantially | 126 |
| similar municipal ordinance of this state or another state, a | 127 |
| motion for a protection order pursuant to section 2919.26 of the | 128 |
| Revised Code, a motion for a protection order or no-contact order | 129 |
| issued under any substantially similar law of another state or a | 130 |
| substantially similar municipal ordinance of this state or another | 131 |
| state, a motion for a protection order pursuant to section | 132 |
| 2903.213 of the Revised Code, or a motion for a protection order | 133 |
| or no-contact order issued under any substantially similar law of | 134 |
| another state or a substantially similar municipal ordinance of | 135 |
| this state or another state, documentation of that filing from the | 136 |
| court; | 137 |
| (b) If the leave is to attend a court proceeding described in | 138 |
| division (A)(1)(b) or (c) or (B)(2)(d) or (e) of this section, | 139 |
| documentation of that proceeding from the court, the docket, | 140 |
| pleadings, subpoenas, the prosecutor, the victim's attorney, or a | 141 |
| victim advocate; | 142 |
| (c) If the leave is for medical purposes, documentation | 143 |
| supporting the fact of treatment by the health care provider; | 144 |
| (d) If the leave is to meet with a law enforcement officer or | 145 |
| a prosecutor, documentation of that meeting from the officer or | 146 |
| prosecutor; | 147 |
| (e) If the leave is to meet with counsel, an attorney, or | 148 |
| other person providing assistance or services, documentation of | 149 |
| that meeting from the counsel, attorney, or person providing the | 150 |
| assistance or services. | 151 |
| (2) An employer who requires documentation as set forth in | 152 |
| division (C)(1) of this section shall grant the employee a | 153 |
| reasonable period of time not to exceed fourteen days to provide | 154 |
| the documentation. The employer may discharge or otherwise | 155 |
| discipline the employee for taking the unpaid leave without the | 156 |
| approval of the employer if the employee fails to supply the | 157 |
| documentation within the period of time granted by the employer. | 158 |
| (D) The maximum amount of unpaid leave an employee who is a | 159 |
| victim of domestic violence and who has been employed by the | 160 |
| employee's employer for less than twelve months may take per year | 161 |
| under this section is three days. The maximum amount of unpaid | 162 |
| leave an employee who is a victim of domestic violence and who has | 163 |
| been employed by the employee's employer for at least twelve | 164 |
| months may take per year under this section is five days. An | 165 |
| employee who is a victim of domestic violence may elect to | 166 |
| substitute, or an employer may require the employee to substitute, | 167 |
| any accrued paid vacation leave or personal leave the employee may | 168 |
| have for the unpaid leave taken pursuant to this section. | 169 |
| (E) If an employee who is the victim of domestic violence | 170 |
| takes unpaid leave pursuant to this section and the taking of that | 171 |
| unpaid leave results in the termination of the employee's | 172 |
| employment, that employee may file a civil action against the | 173 |
| employer in the common pleas court of the county of that | 174 |
| employment. That civil action filed under this division is the | 175 |
| employee's sole and exclusive remedy. The relief the court may | 176 |
| grant shall be limited to reinstatement of the employee's | 177 |
| employment with back pay plus reasonable attorney's fees. That | 178 |
| civil action shall be barred unless it is filed within one hundred | 179 |
| eighty days immediately following the termination of the | 180 |
| employee's employment. | 181 |
| Sec. 5321.171. (A) As used in this section and sections | 182 |
| 5321.172 and 5321.173 of the Revised Code: | 183 |
| (1) "Domestic violence" means the occurrence of one or more | 184 |
| of the following acts against a household member: | 185 |
| (a) Attempting to cause or recklessly causing bodily injury; | 186 |
| (b) Placing another person by the threat of force in fear of | 187 |
| imminent serious physical harm or committing a violation of | 188 |
| section 2903.211 or 2911.211 of the Revised Code; | 189 |
| (c) Committing any act with respect to a child that would | 190 |
| result in the child being an abused child, as defined in section | 191 |
| 2151.031 of the Revised Code; | 192 |
| (d) Committing a sexually oriented offense as defined in | 193 |
| section 2950.01 of the Revised Code. | 194 |
| (2) "Household member" means an individual who meets either | 195 |
| of the following requirements: | 196 |
| (a) The individual is one of the following and is | 197 |
| specifically identified in the lease agreement: | 198 |
| (i) The tenant's parent, child, spouse, or person living as a | 199 |
| spouse; | 200 |
| (ii) The parent or child of the tenant's spouse or former | 201 |
| spouse; | 202 |
| (iii) The parent or child of a person living as a spouse of | 203 |
| the tenant; | 204 |
| (iv) An individual otherwise related by consanguinity or | 205 |
| affinity to the tenant. | 206 |
| (b) The individual is an adult who notified the landlord | 207 |
| within fourteen days after entering the tenant's household that | 208 |
| the individual is occupying the tenant's housing unit as the | 209 |
| individual's usual place of residence. | 210 |
| (B)(1) A tenant may terminate a rental agreement or have the | 211 |
| tenant's name removed from the rental agreement as a cotenant if | 212 |
| that tenant, or a household member of that tenant, is a victim of | 213 |
| domestic violence. To terminate a rental agreement or to remove | 214 |
| the tenant's name as a cotenant from the agreement, the tenant | 215 |
| shall notify the landlord in writing that the tenant or household | 216 |
| member is a victim of domestic violence and shall supply the | 217 |
| landlord with any of the following: | 218 |
| (a) A civil protection order issued after a full hearing | 219 |
| under section 2903.214 or 3113.31 of the Revised Code or a consent | 220 |
| agreement approved under section 3113.31 of the Revised Code; | 221 |
| (b) A temporary protection order or a no-contact order issued | 222 |
| under section 2919.26 of the Revised Code, a criminal protection | 223 |
| order issued under section 2903.213 of the Revised Code, or a | 224 |
| protection order or no-contact order issued under any | 225 |
| substantially similar law of another state or a substantially | 226 |
| similar municipal ordinance of this state or another state. | 227 |
| (2) A tenant shall give the landlord the written notice this | 228 |
| section requires within ninety days after the incident of domestic | 229 |
| violence. The tenant and landlord shall terminate the rental | 230 |
| agreement, or the landlord shall remove the tenant's name from the | 231 |
| rental agreement, by a mutually agreed upon date, not to exceed | 232 |
| thirty days after the date the tenant gives the required notice. | 233 |
| If the tenant and landlord do not agree on a date to terminate the | 234 |
| rental agreement or remove the tenant's name from the agreement, | 235 |
| the rental agreement shall terminate or the landlord shall remove | 236 |
| the tenant's name from the rental agreement thirty days after the | 237 |
| tenant gives the required notice. | 238 |
| (3) At any time within thirty days after a tenant having the | 239 |
| tenant's name removed from a rental agreement for which there is | 240 |
| at least one cotenant, the landlord may terminate the rental | 241 |
| agreement as to any or all cotenants. | 242 |
| (4) A tenant who terminates a rental agreement or removes the | 243 |
| tenant's name from a rental agreement is liable for the tenant's | 244 |
| share of rent, prorated up to the date of the termination of the | 245 |
| rental agreement or the removal of the tenant's name from the | 246 |
| rental agreement. | 247 |
| (5) Except as otherwise provided in section 5321.16 of the | 248 |
| Revised Code, if a tenant terminates a rental agreement or removes | 249 |
| the tenant's name from a rental agreement as provided in this | 250 |
| section, the landlord is entitled to retain the tenant's share of | 251 |
| any security deposit. | 252 |
| (C) In response to a request to terminate a rental agreement | 253 |
| or remove the tenant's name from a rental agreement pursuant to | 254 |
| division (B) of this section, a landlord may offer the tenant an | 255 |
| opportunity to rent another unit at the location that is | 256 |
| sufficiently distant from the tenant's current unit. Whether to | 257 |
| accept that offer is at the tenant's discretion. | 258 |
| (D) No landlord shall knowingly terminate a tenancy because | 259 |
| of the status of a tenant or household member as a victim of | 260 |
| domestic violence or the offense of menacing by stalking, because | 261 |
| the tenant or a household member requested emergency services as | 262 |
| such a victim, or because the tenant previously terminated a | 263 |
| rental agreement in accordance with this section. | 264 |
| (E) A tenant who is injured by a landlord's violation of | 265 |
| division (D) of this section may recover damages in the amount of | 266 |
| one month's rent and any security deposit as section 5321.16 of | 267 |
| the Revised Code provides, plus reasonable attorney's fees. | 268 |
| (F) A landlord does not incur any additional duty of care for | 269 |
| a tenant the landlord accommodates pursuant to this section and | 270 |
| section 5321.172 of the Revised Code, and the landlord gains no | 271 |
| new or additional liability for any third party act that occurs | 272 |
| after an accommodation the landlord makes pursuant to those | 273 |
| sections. | 274 |
| Sec. 5321.172. (A) A landlord of a tenant who is a victim of | 275 |
| domestic violence or the offense of menacing by stalking shall | 276 |
| change the lock to the dwelling unit where the tenant resides upon | 277 |
| receipt of a written request from the tenant and a copy of a court | 278 |
| order or protection order that orders the respondent or defendant | 279 |
| named in the order to stay away from the tenant. Within | 280 |
| forty-eight hours after receiving the notice and a copy of the | 281 |
| order, the landlord shall change the lock and shall make a good | 282 |
| faith effort to provide a key to the new lock to the tenant and | 283 |
| any remaining cotenant not later than twenty-four hours after the | 284 |
| landlord changes the lock. The tenant shall reimburse the landlord | 285 |
| for the actual expense the landlord incurs in changing the lock. | 286 |
| If the landlord fails to change the lock within the | 287 |
| forty-eight-hour time period as this section requires, the tenant | 288 |
| may change the lock without the landlord's permission. If the | 289 |
| tenant changes the lock, the tenant shall do so in a competent and | 290 |
| workmanlike manner with locks of similar or better quality than | 291 |
| the original lock and shall make a good faith offer to provide a | 292 |
| key to the landlord and any remaining cotenant not later than | 293 |
| twenty-four hours after the tenant changes the lock. If within | 294 |
| thirty days after the landlord changes the lock the tenant does | 295 |
| not reimburse the landlord for the expenses the landlord incurs in | 296 |
| changing the locks, the landlord may deduct that amount from the | 297 |
| security deposit or assess that amount as a charge to the tenant. | 298 |
| (B)(1) A landlord who receives a request and copy of an order | 299 |
| under this section shall not, by any act, provide the respondent | 300 |
| who is named in the order and who is a tenant of the dwelling unit | 301 |
| access to the dwelling unit for which the landlord or tenant has | 302 |
| changed the locks unless the order allows the respondent to return | 303 |
| to the dwelling unit to retrieve the respondent's personal | 304 |
| possessions and the respondent is accompanied by a law enforcement | 305 |
| escort. | 306 |
| (2) A respondent who is a tenant of the dwelling unit remains | 307 |
| liable under the rental agreement for rent or any damage to the | 308 |
| dwelling unit as provided in the rental agreement, unless the | 309 |
| respondent can demonstrate that the tenant who changed the lock or | 310 |
| had the lock changed intentionally damaged the dwelling unit. | 311 |
| (C) A landlord who changes a lock to a dwelling unit in | 312 |
| accordance with this section is not liable for excluding from the | 313 |
| dwelling unit a respondent named in an order the landlord receives | 314 |
| from a tenant under this section or for loss of use or damage to | 315 |
| the respondent's personal property while that property is in the | 316 |
| dwelling unit after the lock has been changed. | 317 |
| (D) If a landlord takes action to prevent a tenant who has | 318 |
| complied with this section from changing a lock, the tenant may | 319 |
| seek a temporary restraining order, preliminary injunction, or | 320 |
| permanent injunction ordering the landlord to refrain from | 321 |
| preventing the tenant from changing the lock. | 322 |
| Sec. 5321.173. (A) A victim of domestic violence or the | 323 |
| offense of menacing by stalking who is a tenant in a unit owned or | 324 |
| operated by a metropolitan housing authority as described in | 325 |
| section 3735.27 of the Revised Code may request that the housing | 326 |
| authority transfer the tenant to another location. The tenant | 327 |
| shall make any such request for transfer in writing, informing the | 328 |
| housing authority that the tenant or a household member is a | 329 |
| victim of domestic violence or the offense of menacing by stalking | 330 |
| and affirming that the tenant has made not more than one other | 331 |
| such request during the previous five years. The tenant shall | 332 |
| supply the housing authority with any one or more of the following | 333 |
| as evidence of the need for the transfer: | 334 |
| (1) A civil protection order issued after a full hearing | 335 |
| under section 2903.214 or 3113.31 of the Revised Code or a consent | 336 |
| agreement approved under section 3113.31 of the Revised Code; | 337 |
| (2) A temporary protection order or a no-contact order issued | 338 |
| under section 2919.26 of the Revised Code, a criminal protection | 339 |
| order issued under section 2903.213 of the Revised Code, or a | 340 |
| protection order or no-contact order issued under any | 341 |
| substantially similar law of another state or a substantially | 342 |
| similar municipal ordinance of this state or another state; | 343 |
| (3) Medical documentation describing the incident of domestic | 344 |
| violence or menacing by stalking; | 345 |
| (4) A sworn, notarized statement provided by a counselor, | 346 |
| social worker, victim advocate, health care provider, or other | 347 |
| professional who assists or has assisted the tenant or household | 348 |
| member in dealing with the incident of domestic violence or | 349 |
| menacing by stalking. | 350 |
| (B) Upon receipt of a request made pursuant to this section, | 351 |
| and if the tenant has not made more than one other such request | 352 |
| during the previous five years, the housing authority shall move | 353 |
| the tenant as soon as practicable to another location if the | 354 |
| authority has a unit available in another location. | 355 |
| (C) A housing authority does not incur any additional duty of | 356 |
| care for a tenant it transfers or fails to transfer pursuant to | 357 |
| this section, and the authority gains no new or additional | 358 |
| liability for any third party act that occurs after a transfer. | 359 |
| (D) If a metropolitan housing authority wrongfully fails to | 360 |
| comply with division (B) of this section, the tenant may recover | 361 |
| actual damages resulting from the failure to transfer, obtain | 362 |
| injunctive relief, and obtain a judgment for reasonable attorney's | 363 |
| fees. | 364 |
| Sec. 5321.174. (A) Except to the extent that a landlord | 365 |
| reasonably believes it is necessary to share information for the | 366 |
| safety of any tenant or any other person, any information a | 367 |
| landlord receives from a tenant under section 5321.171, 5321.172, | 368 |
| or 5321.173 of the Revised Code is confidential. A landlord shall | 369 |
| not share any confidential information with any other past, | 370 |
| current, or prospective landlord, and a landlord shall not share | 371 |
| any information with respect to a tenant's status as a victim of | 372 |
| domestic violence or the offense of menacing by stalking with any | 373 |
| other past, current, or prospective landlord. If the tenant shares | 374 |
| any information that the tenant provides to a landlord under this | 375 |
| section, that sharing does not waive the confidentiality of the | 376 |
| information or the nature of the privileged communication. | 377 |
| (B) A landlord is not liable for any good faith violation of | 378 |
| the confidentiality requirement this section establishes. | 379 |
| Sec. 5321.175. If a tenant has been convicted of or pleaded | 380 |
| guilty to a violation of section 2919.25 of the Revised Code while | 381 |
| the tenant was subject to the rental agreement, the landlord may | 382 |
| terminate the tenant's rental agreement or may remove the tenant's | 383 |
| name from a rental agreement and may retain the tenant's share of | 384 |
| any security deposit. | 385 |
| Section 2. Sections 5321.171, 5321.172, 5321.173, and | 386 |
| 5321.174 of the Revised Code, as enacted by this act, apply to | 387 |
| rental agreements entered into or renewed on or after the | 388 |
| effective date of this act. | 389 |