130th Ohio General Assembly
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Am. Sub. H. B. No. 167  As Passed by the House
As Passed by the House

128th General Assembly
Regular Session
2009-2010
Am. Sub. H. B. No. 167


Representative Murray 

Cosponsors: Representatives Foley, Heard, Slesnick, Domenick, Hagan, Letson, Luckie, Yuko, Weddington, Harris, Boyd, Phillips, Okey, Williams, S., Pillich, Driehaus, Ujvagi, Otterman, Stewart, Belcher, Brown, Celeste, Chandler, DeBose, Dodd, Dyer, Fende, Garland, Garrison, Lundy, Newcomb, Patten, Skindell, Szollosi, Williams, B., Winburn, Yates 



A BILL
To amend section 3113.31 and to enact sections 9.131, 4113.80 to 4113.84, 5321.171, 5321.172, 5321.173, and 5321.174 of the Revised Code to prohibit an employer or a landlord from discriminating against a victim of domestic violence or stalking; to require a metropolitan housing authority to move a victim of domestic violence or stalking if another unit is available; to prohibit charging a fee when law enforcement officers assist a victim of domestic violence or stalking; to allow a victim of domestic violence or stalking to take unpaid leave for purposes relating to the incident of domestic violence or stalking and to change or have changed the locks to the tenant's dwelling unit, and to permit a victim of domestic violence to terminate a rental agreement.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3113.31 be amended and sections 9.131, 4113.80, 4113.81, 4113.82, 4113.83, 4113.84, 5321.171, 5321.172, 5321.173, and 5321.174 of the Revised Code be enacted to read as follows:
Sec. 9.131.  No county, municipal corporation, or township, nor any law enforcement agency thereof, may charge any victim of domestic violence or stalking or any property owner where such a victim resides for any assistance that law enforcement officers provide to such a victim.
As used in this section, "domestic violence" and "stalking" have the same meanings as in section 4113.80 of the Revised Code.
Sec. 3113.31.  (A) As used in this section:
(1) "Domestic violence" means the occurrence of one or more of the following acts against a family or household member:
(a) Attempting to cause or recklessly causing bodily injury;
(b) Placing another person by the threat of force in fear of imminent serious physical harm or committing a violation of section 2903.211 or 2911.211 of the Revised Code;
(c) Committing any act with respect to a child that would result in the child being an abused child, as defined in section 2151.031 of the Revised Code;
(d) Committing a sexually oriented offense.
(2) "Court" means the domestic relations division of the court of common pleas in counties that have a domestic relations division, and the court of common pleas in counties that do not have a domestic relations division.
(3) "Family or household member" means any of the following:
(a) Any of the following who is residing with or has resided with the respondent:
(i) A spouse, a person living as a spouse, or a former spouse of the respondent;
(ii) A parent or a child of the respondent, or another person related by consanguinity or affinity to the respondent;
(iii) A parent or a child of a spouse, person living as a spouse, or former spouse of the respondent, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the respondent.
(b) The natural parent of any child of whom the respondent is the other natural parent or is the putative other natural parent.
(4) "Person living as a spouse" means a person who is living or has lived with the respondent in a common law marital relationship, who otherwise is cohabiting with the respondent, or who otherwise has cohabited with the respondent within five years prior to the date of the alleged occurrence of the act in question.
(5) "Victim advocate" means a person who provides support and assistance for a person who files a petition under this section.
(6) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.
(B) The court has jurisdiction over all proceedings under this section. The petitioner's right to relief under this section is not affected by the petitioner's leaving the residence or household to avoid further domestic violence.
(C) A person may seek relief under this section on the person's own behalf, or any parent or adult household member may seek relief under this section on behalf of any other family or household member, by filing a petition with the court. The petition shall contain or state:
(1) An allegation that the respondent engaged in domestic violence against a family or household member of the respondent, including a description of the nature and extent of the domestic violence;
(2) The relationship of the respondent to the petitioner, and to the victim if other than the petitioner;
(3) A request for relief under this section.
(D)(1) If a person who files a petition pursuant to this section requests an ex parte order, the court shall hold an ex parte hearing on the same day that the petition is filed. The court, for good cause shown at the ex parte hearing, may enter any temporary orders, with or without bond, including, but not limited to, an order described in division (E)(1)(a), (b), or (c) of this section, that the court finds necessary to protect the family or household member from domestic violence. Immediate and present danger of domestic violence to the family or household member constitutes good cause for purposes of this section. Immediate and present danger includes, but is not limited to, situations in which the respondent has threatened the family or household member with bodily harm, in which the respondent has threatened the family or household member with a sexually oriented offense, or in which the respondent previously has been convicted of or pleaded guilty to an offense that constitutes domestic violence against the family or household member.
(2)(a) If the court, after an ex parte hearing, issues an order described in division (E)(1)(b) or (c) of this section, the court shall schedule a full hearing for a date that is within seven court days after the ex parte hearing. If any other type of protection order that is authorized under division (E) of this section is issued by the court after an ex parte hearing, the court shall schedule a full hearing for a date that is within ten court days after the ex parte hearing. The court shall give the respondent notice of, and an opportunity to be heard at, the full hearing. The court shall hold the full hearing on the date scheduled under this division unless the court grants a continuance of the hearing in accordance with this division. Under any of the following circumstances or for any of the following reasons, the court may grant a continuance of the full hearing to a reasonable time determined by the court:
(i) Prior to the date scheduled for the full hearing under this division, the respondent has not been served with the petition filed pursuant to this section and notice of the full hearing.
(ii) The parties consent to the continuance.
(iii) The continuance is needed to allow a party to obtain counsel.
(iv) The continuance is needed for other good cause.
(b) An ex parte order issued under this section does not expire because of a failure to serve notice of the full hearing upon the respondent before the date set for the full hearing under division (D)(2)(a) of this section or because the court grants a continuance under that division.
(3) If a person who files a petition pursuant to this section does not request an ex parte order, or if a person requests an ex parte order but the court does not issue an ex parte order after an ex parte hearing, the court shall proceed as in a normal civil action and grant a full hearing on the matter.
(E)(1) After an ex parte or full hearing, the court may grant any protection order, with or without bond, or approve any consent agreement to bring about a cessation of domestic violence against the family or household members. The order or agreement may:
(a) Direct the respondent to refrain from abusing or from committing sexually oriented offenses against the family or household members;
(b) Grant possession of the residence or household to the petitioner or other family or household member, to the exclusion of the respondent, by evicting the respondent, when the residence or household is owned or leased solely by the petitioner or other family or household member, or by ordering the respondent to vacate the premises, when the residence or household is jointly owned or leased by the respondent, and the petitioner or other family or household member;
(c) When the respondent has a duty to support the petitioner or other family or household member living in the residence or household and the respondent is the sole owner or lessee of the residence or household, grant possession of the residence or household to the petitioner or other family or household member, to the exclusion of the respondent, by ordering the respondent to vacate the premises, or, in the case of a consent agreement, allow the respondent to provide suitable, alternative housing;
(d) Temporarily allocate parental rights and responsibilities for the care of, or establish temporary parenting time rights with regard to, minor children, if no other court has determined, or is determining, the allocation of parental rights and responsibilities for the minor children or parenting time rights;
(e) Require the respondent to maintain support, if the respondent customarily provides for or contributes to the support of the family or household member, or if the respondent has a duty to support the petitioner or family or household member;
(f) Require the respondent, petitioner, victim of domestic violence, or any combination of those persons, to seek counseling;
(g) Require the respondent to refrain from entering the residence, school, business, or place of employment of the petitioner or family or household member;
(h) Grant other relief that the court considers equitable and fair, including, but not limited to, ordering the respondent to permit the use of a motor vehicle by the petitioner or other family or household member and the apportionment of household and family personal property.
(2) If a protection order has been issued pursuant to this section in a prior action involving the respondent and the petitioner or one or more of the family or household members or victims, the court may include in a protection order that it issues a prohibition against the respondent returning to the residence or household. If it includes a prohibition against the respondent returning to the residence or household in the order, it also shall include in the order provisions of the type described in division (E)(7) of this section. This division does not preclude the court from including in a protection order or consent agreement, in circumstances other than those described in this division, a requirement that the respondent be evicted from or vacate the residence or household or refrain from entering the residence, school, business, or place of employment of the petitioner or a family or household member, and, if the court includes any requirement of that type in an order or agreement, the court also shall include in the order provisions of the type described in division (E)(7) of this section.
(3)(a) Any protection order issued or consent agreement approved under this section shall be valid until a date certain, but not later than five years from the date of its issuance or approval unless modified or terminated as provided in division (E)(8) of this section.
(b) Subject to the limitation on the duration of an order or agreement set forth in division (E)(3)(a) of this section, any order under division (E)(1)(d) of this section shall terminate on the date that a court in an action for divorce, dissolution of marriage, or legal separation brought by the petitioner or respondent issues an order allocating parental rights and responsibilities for the care of children or on the date that a juvenile court in an action brought by the petitioner or respondent issues an order awarding legal custody of minor children. Subject to the limitation on the duration of an order or agreement set forth in division (E)(3)(a) of this section, any order under division (E)(1)(e) of this section shall terminate on the date that a court in an action for divorce, dissolution of marriage, or legal separation brought by the petitioner or respondent issues a support order or on the date that a juvenile court in an action brought by the petitioner or respondent issues a support order.
(c) Any protection order issued or consent agreement approved pursuant to this section may be renewed in the same manner as the original order or agreement was issued or approved.
(4) A court may not issue a protection order that requires a petitioner to do or to refrain from doing an act that the court may require a respondent to do or to refrain from doing under division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this section unless all of the following apply:
(a) The respondent files a separate petition for a protection order in accordance with this section.
(b) The petitioner is served notice of the respondent's petition at least forty-eight hours before the court holds a hearing with respect to the respondent's petition, or the petitioner waives the right to receive this notice.
(c) If the petitioner has requested an ex parte order pursuant to division (D) of this section, the court does not delay any hearing required by that division beyond the time specified in that division in order to consolidate the hearing with a hearing on the petition filed by the respondent.
(d) After a full hearing at which the respondent presents evidence in support of the request for a protection order and the petitioner is afforded an opportunity to defend against that evidence, the court determines that the petitioner has committed an act of domestic violence or has violated a temporary protection order issued pursuant to section 2919.26 of the Revised Code, that both the petitioner and the respondent acted primarily as aggressors, and that neither the petitioner nor the respondent acted primarily in self-defense.
(5) No protection order issued or consent agreement approved under this section shall in any manner affect title to any real property.
(6)(a) If a petitioner, or the child of a petitioner, who obtains a protection order or consent agreement pursuant to division (E)(1) of this section or a temporary protection order pursuant to section 2919.26 of the Revised Code and is the subject of a parenting time order issued pursuant to section 3109.051 or 3109.12 of the Revised Code or a visitation or companionship order issued pursuant to section 3109.051, 3109.11, or 3109.12 of the Revised Code or division (E)(1)(d) of this section granting parenting time rights to the respondent, the court may require the public children services agency of the county in which the court is located to provide supervision of the respondent's exercise of parenting time or visitation or companionship rights with respect to the child for a period not to exceed nine months, if the court makes the following findings of fact:
(i) The child is in danger from the respondent;
(ii) No other person or agency is available to provide the supervision.
(b) A court that requires an agency to provide supervision pursuant to division (E)(6)(a) of this section shall order the respondent to reimburse the agency for the cost of providing the supervision, if it determines that the respondent has sufficient income or resources to pay that cost.
(7)(a) If a protection order issued or consent agreement approved under this section includes a requirement that the respondent be evicted from or vacate the residence or household or refrain from entering the residence, school, business, or place of employment of the petitioner or a family or household member, the order or agreement shall state clearly that the order or agreement cannot be waived or nullified by an invitation to the respondent from the petitioner or other family or household member to enter the residence, school, business, or place of employment or by the respondent's entry into one of those places otherwise upon the consent of the petitioner or other family or household member. The petitioner may submit a copy of any order the court issues under this section to the landlord or owner of the property where the respondent resides.
(b) Division (E)(7)(a) of this section does not limit any discretion of a court to determine that a respondent charged with a violation of section 2919.27 of the Revised Code, with a violation of a municipal ordinance substantially equivalent to that section, or with contempt of court, which charge is based on an alleged violation of a protection order issued or consent agreement approved under this section, did not commit the violation or was not in contempt of court.
(8)(a) The court may modify or terminate as provided in division (E)(8) of this section a protection order or consent agreement that was issued after a full hearing under this section. The court that issued the protection order or approved the consent agreement shall hear a motion for modification or termination of the protection order or consent agreement pursuant to division (E)(8) of this section.
(b) Either the petitioner or the respondent of the original protection order or consent agreement may bring a motion for modification or termination of a protection order or consent agreement that was issued or approved after a full hearing. The court shall require notice of the motion to be made as provided by the Rules of Civil Procedure. If the petitioner for the original protection order or consent agreement has requested that the petitioner's address be kept confidential, the court shall not disclose the address to the respondent of the original protection order or consent agreement or any other person, except as otherwise required by law. The moving party has the burden of proof to show, by a preponderance of the evidence, that modification or termination of the protection order or consent agreement is appropriate because either the protection order or consent agreement is no longer needed or because the terms of the original protection order or consent agreement are no longer appropriate.
(c) In considering whether to modify or terminate a protection order or consent agreement issued or approved under this section, the court shall consider all relevant factors, including, but not limited to, the following:
(i) Whether the petitioner consents to modification or termination of the protection order or consent agreement;
(ii) Whether the petitioner fears the respondent;
(iii) The current nature of the relationship between the petitioner and the respondent;
(iv) The circumstances of the petitioner and respondent, including the relative proximity of the petitioner's and respondent's workplaces and residences and whether the petitioner and respondent have minor children together;
(v) Whether the respondent has complied with the terms and conditions of the original protection order or consent agreement;
(vi) Whether the respondent has a continuing involvement with illegal drugs or alcohol;
(vii) Whether the respondent has been convicted of or pleaded guilty to an offense of violence since the issuance of the protection order or approval of the consent agreement;
(viii) Whether any other protection orders, consent agreements, restraining orders, or no contact orders have been issued against the respondent pursuant to this section, section 2919.26 of the Revised Code, any other provision of state law, or the law of any other state;
(ix) Whether the respondent has participated in any domestic violence treatment, intervention program, or other counseling addressing domestic violence and whether the respondent has completed the treatment, program, or counseling;
(x) The time that has elapsed since the protection order was issued or since the consent agreement was approved;
(xi) The age and health of the respondent;
(xii) When the last incident of abuse, threat of harm, or commission of a sexually oriented offense occurred or other relevant information concerning the safety and protection of the petitioner or other protected parties.
(d) If a protection order or consent agreement is modified or terminated as provided in division (E)(8) of this section, the court shall issue copies of the modified or terminated order or agreement as provided in division (F) of this section. A petitioner may also provide notice of the modification or termination to the judicial and law enforcement officials in any county other than the county in which the order or agreement is modified or terminated as provided in division (N) of this section.
(e) If the respondent moves for modification or termination of a protection order or consent agreement pursuant to this section, the court may assess costs against the respondent for the filing of the motion.
(F)(1) A copy of any protection order, or consent agreement, that is issued, approved, modified, or terminated under this section shall be issued by the court to the petitioner, to the respondent, and to all law enforcement agencies that have jurisdiction to enforce the order or agreement. The court shall direct that a copy of an order be delivered to the respondent on the same day that the order is entered.
(2) Upon the issuance of a protection order or the approval of a consent agreement under this section, the court shall provide the parties to the order or agreement with the following notice orally or by form:
"NOTICE
As a result of this order or consent agreement, it may be unlawful for you to possess or purchase a firearm, including a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C. 922(g)(8). If you have any questions whether this law makes it illegal for you to possess or purchase a firearm or ammunition, you should consult an attorney."
(3) All law enforcement agencies shall establish and maintain an index for the protection orders and the approved consent agreements delivered to the agencies pursuant to division (F)(1) of this section. With respect to each order and consent agreement delivered, each agency shall note on the index the date and time that it received the order or consent agreement.
(4) Regardless of whether the petitioner has registered the order or agreement in the county in which the officer's agency has jurisdiction pursuant to division (N) of this section, any officer of a law enforcement agency shall enforce a protection order issued or consent agreement approved by any court in this state in accordance with the provisions of the order or agreement, including removing the respondent from the premises, if appropriate.
(G) Any proceeding under this section shall be conducted in accordance with the Rules of Civil Procedure, except that an order under this section may be obtained with or without bond. An order issued under this section, other than an ex parte order, that grants a protection order or approves a consent agreement, that refuses to grant a protection order or approve a consent agreement that modifies or terminates a protection order or consent agreement, or that refuses to modify or terminate a protection order or consent agreement, is a final, appealable order. The remedies and procedures provided in this section are in addition to, and not in lieu of, any other available civil or criminal remedies.
(H) The filing of proceedings under this section does not excuse a person from filing any report or giving any notice required by section 2151.421 of the Revised Code or by any other law. When a petition under this section alleges domestic violence against minor children, the court shall report the fact, or cause reports to be made, to a county, township, or municipal peace officer under section 2151.421 of the Revised Code.
(I) Any law enforcement agency that investigates a domestic dispute shall provide information to the family or household members involved regarding the relief available under this section and section 2919.26 of the Revised Code.
(J) Notwithstanding any provision of law to the contrary and regardless of whether a protection order is issued or a consent agreement is approved by a court of another county or a court of another state, no court or unit of state or local government shall charge any fee, cost, deposit, or money in connection with the filing of a petition pursuant to this section or in connection with the filing, issuance, registration, or service of a protection order or consent agreement, or for obtaining a certified copy of a protection order or consent agreement.
(K)(1) The court shall comply with Chapters 3119., 3121., 3123., and 3125. of the Revised Code when it makes or modifies an order for child support under this section.
(2) If any person required to pay child support under an order made under this section on or after April 15, 1985, or modified under this section on or after December 31, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt.
(L)(1) A person who violates a protection order issued or a consent agreement approved under this section is subject to the following sanctions:
(a) Criminal prosecution for a violation of section 2919.27 of the Revised Code, if the violation of the protection order or consent agreement constitutes a violation of that section;
(b) Punishment for contempt of court.
(2) The punishment of a person for contempt of court for violation of a protection order issued or a consent agreement approved under this section does not bar criminal prosecution of the person for a violation of section 2919.27 of the Revised Code. However, a person punished for contempt of court is entitled to credit for the punishment imposed upon conviction of a violation of that section, and a person convicted of a violation of that section shall not subsequently be punished for contempt of court arising out of the same activity.
(M) In all stages of a proceeding under this section, a petitioner may be accompanied by a victim advocate.
(N)(1) A petitioner who obtains a protection order or consent agreement under this section or a temporary protection order under section 2919.26 of the Revised Code may provide notice of the issuance or approval of the order or agreement to the judicial and law enforcement officials in any county other than the county in which the order is issued or the agreement is approved by registering that order or agreement in the other county pursuant to division (N)(2) of this section and filing a copy of the registered order or registered agreement with a law enforcement agency in the other county in accordance with that division. A person who obtains a protection order issued by a court of another state may provide notice of the issuance of the order to the judicial and law enforcement officials in any county of this state by registering the order in that county pursuant to section 2919.272 of the Revised Code and filing a copy of the registered order with a law enforcement agency in that county.
(2) A petitioner may register a temporary protection order, protection order, or consent agreement in a county other than the county in which the court that issued the order or approved the agreement is located in the following manner:
(a) The petitioner shall obtain a certified copy of the order or agreement from the clerk of the court that issued the order or approved the agreement and present that certified copy to the clerk of the court of common pleas or the clerk of a municipal court or county court in the county in which the order or agreement is to be registered.
(b) Upon accepting the certified copy of the order or agreement for registration, the clerk of the court of common pleas, municipal court, or county court shall place an endorsement of registration on the order or agreement and give the petitioner a copy of the order or agreement that bears that proof of registration.
(3) The clerk of each court of common pleas, the clerk of each municipal court, and the clerk of each county court shall maintain a registry of certified copies of temporary protection orders, protection orders, or consent agreements that have been issued or approved by courts in other counties and that have been registered with the clerk.
Sec. 4113.80.  As used in this section and sections 4113.81 to 4113.84 of the Revised Code:
(A) "Domestic violence" has the same meaning as in section 3113.31 of the Revised Code.
(B) "Employee" has the same meaning as in section 4113.51 of the Revised Code.
(C) "Employer" includes both of the following:
(1) The state or any agency or instrumentality of the state, and any municipal corporation, county, township, school district, or other political subdivision or any agency or instrumentality thereof;
(2) Any person, firm, corporation, agent, manager, or representative not described in division (C)(1) of this section that has control or custody of twenty-five or more employees.
(D) "Stalking" means a pattern of conduct that section 2903.211 of the Revised Code prohibits.
Sec. 4113.81.  No employer shall knowingly do any of the following:
(A) Discharge, fail to hire, or otherwise discriminate or retaliate against an individual or an employee of the employer because the individual or employee is perceived to be or is a victim of domestic violence or stalking;
(B) Take an adverse employment action against an employee based on any disruption or threatened disruption in the workplace caused by another individual who has committed or threatens to commit domestic violence or stalking against the employee;
(C) Take an adverse employment action against an employee because the employee made a written request for a reasonable accommodation regardless of whether the employer granted that request;
(D) Discharge or otherwise discriminate or retaliate against an employee who uses unpaid leave in accordance with section 4113.83 of the Revised Code.
Sec. 4113.82. (A)(1) Except as otherwise provided in division (A)(2) of this section, an employer shall make reasonable accommodations for an employee who is known to be a victim of domestic violence when necessary to enable that employee to perform the essential functions of the employee's job without posing a significant risk of substantial harm to the safety of the employee or others.
(2) An employer is not required to make a reasonable accommodation pursuant to division (A)(1) of this section if the employer demonstrates that the accommodation would impose an undue hardship. As used in this division, an accommodation that imposes undue hardship means an accommodation that is unduly difficult to make or imposes a significant expense on the employer.
(B) Except to the extent that an employer reasonably believes it is necessary to share information for the safety of an employee or other persons, an employer shall hold as confidential any information that the employer receives from an individual or employee under sections 4113.80 to 4113.84 of the Revised Code unless the individual or the employee gives written consent to allow the employer to share the information. If the employer is a public office, such records are not public records for purposes of section 149.43 of the Revised Code.
(C) An employer is not liable for any good faith violation of the confidentiality requirement this section establishes.
Sec. 4113.83.  (A)(1) An employer shall grant an employee leave related to incidents of domestic violence or stalking as described in division (B)(1) of this section in the same manner and pursuant to the same procedures as under the "Family and Medical Leave Act of 1993," Pub. L. No. 103-3, 107 Stat. 6, 29 U.S.C. 2601. Leave provided pursuant to sections 4113.80 to 4113.83 of the Revised Code is deemed to be the equivalent of family medical leave pursuant to the Family and Medical Leave Act of 1993.
(2) The director of commerce shall adopt rules in accordance with Chapter 119. of the Revised Code governing leave for purposes related to domestic violence and stalking. The rules shall treat such leave in a manner equivalent to medical leave under the "Family and Medical Leave Act of 1993" and consistent with sections 4113.80 to 4113.84 of the Revised Code.
(B)(1) Subject to division (D) of this section, an employee who is a victim of domestic violence or stalking may take a maximum of ten days per year of unpaid leave without the approval of the employee's employer to do any of the following:
(a) Attend a court proceeding concerning a civil protection order under section 2903.214 or 3113.31 of the Revised Code, or other injunctive relief for the employee's self or the employee's child;
(b) Seek emergency medical attention related to an incident of domestic violence or stalking;
(c) Obtain a temporary protection order or a no-contact order issued under section 2919.26 of the Revised Code, a criminal protection order issued under section 2903.213 of the Revised Code, or a protection order or no-contact order issued under any substantially similar law of another state or a substantially similar municipal ordinance of this state or another state.
(2) An employee shall provide the employee's employer with as much advance notice as practicable before taking any unpaid leave that division (B)(1) of this section allows.
(C)(1) To the extent that it is impossible for an employee to schedule appointments outside the employee's working hours, with notice to the employer that is reasonable in light of the employer's workplace needs, an employee may take unpaid leave to do any of the following:
(a) Seek nonemergency medical attention related to the incident of domestic violence or stalking;
(b) Meet with law enforcement officers with respect to an incident of domestic violence or stalking;
(c) Seek legal assistance or other assistance from a counselor, social worker, victim advocate, health care provider, or other professional who assists persons in dealing with an incident of domestic violence or stalking;
(d) Attend a criminal court proceeding relating to the prosecution of the incident of domestic violence or stalking.
(2) An employee who takes unpaid leave pursuant to division (C)(1) of this section shall provide the employer as much advance notice of that leave as possible. The employee shall make reasonable efforts when possible to address matters related to domestic violence or stalking during non-work hours. The employee shall provide notice as soon as the employee knows of the need for the leave and when an appointment for that leave has been scheduled. In no case shall the employee provide notice any later than the start of the employee's shift or the beginning of the employee's work day.
(D)(1) An employer may require an employee who takes unpaid leave pursuant to this section to provide documentation of the domestic violence or stalking. The employee may satisfy the documentation requirement by providing the employer with any of the following:
(a) If the leave is to attend a court proceeding described in division (B)(1)(a) or (C)(1)(d) of this section, documentation of that proceeding from the court, the docket, pleadings, subpoenas, the prosecutor, the victim's attorney, or a registered victim advocate;
(b) If the leave is for medical purposes, documentation supporting the fact of treatment by the health care provider;
(c) If the leave is to meet with a law enforcement officer or a prosecutor, documentation of that meeting from the officer or prosecutor;
(d) If the leave is to meet with counsel, an attorney, or other person providing assistance or services, documentation of that meeting from the counsel, attorney, or person providing the assistance or services.
(2) An employer who requires documentation of domestic violence or stalking shall grant the employee a reasonable period of time to provide the documentation. If an employee fails to supply the documentation within that time period, the employer may discharge or otherwise discipline the employee for taking the unpaid leave without the approval of the employer.
Sec. 4113.84. (A) An employee who is injured by an employer's violation of section 4113.81 of the Revised Code or an individual who was not hired or otherwise was discriminated against by an employer in violation of division (A) of section 4113.81 of the Revised Code may bring a civil action in a court of competent jurisdiction and may be awarded any relief that the Ohio civil rights commission could order under division (G)(1) of section 4112.05 of the Revised Code for an unlawful discriminatory practice in employment. Each violation constitutes a separate violation.
(B) An individual or employee may receive relief under this section only for an adverse employment action arising from the employer's violation of section 4113.81 of the Revised Code. This section creates no new liability to the employer for the conduct by another who commits or threatens to commit domestic violence or stalking against the employee or any other person.
(C) An individual or an employee does not need to demonstrate that another individual has been charged with or convicted of a violation that would constitute domestic violence or stalking, a violation of section 2903.211 or 2911.211 of the Revised Code, a substantially similar law of another state, or a substantially similar municipal ordinance of this state or another state to bring an action under this section.
Sec. 5321.171.  (A) As used in this section and sections 5321.172 and 5321.173 of the Revised Code:
(1) "Stalking" has the same meaning as in section 4113.80 of the Revised Code.
(2) "Domestic violence" has the same meaning as in section 3113.31 of the Revised Code.
(3) "Household member" means an individual who meets both of the following requirements:
(a) The individual is one of the following:
(i) The tenant's parent, child, spouse, or person living as a spouse.
(ii) The parent or child of the tenant's spouse or former spouse;
(iii) The parent or child of a person living as a spouse of the tenant.
(iv) An individual otherwise related by consanguinity or affinity to the tenant.
(b) The individual is a minor, was a minor child of the tenant previously residing in the household, or an adult who notified the landlord within thirty days after entering the tenant's household that the individual is occupying the tenant's housing unit as the individual's usual place of residence.
(B)(1) A tenant may terminate a rental agreement or have the tenant's name removed from the rental agreement as a cotenant if that tenant, or a household member of that tenant, is a victim of domestic violence. To terminate a rental agreement or to remove the tenant's name as a cotenant from the agreement, the tenant shall notify the landlord in writing that the tenant or household member is a victim of domestic violence and shall supply the landlord with any of the following:
(a) A civil protection order issued after a full hearing under section 2903.214 or 3113.31 of the Revised Code or a consent agreement approved under section 3113.31 of the Revised Code;
(b) A temporary protection order or a no-contact order issued under section 2919.26 of the Revised Code, a criminal protection order issued under section 2903.213 of the Revised Code, or a protection order or no-contact order issued under any substantially similar law of another state or a substantially similar municipal ordinance of this state or another state;
(c) Medical documentation describing the incident of domestic violence;
(d) A sworn, notarized statement provided by a counselor, social worker, victim advocate, health care provider, or other professional who assists or has assisted the tenant or household member in dealing with the incident of domestic violence.
(2) A tenant shall give the landlord the written notice this section requires within ninety days after the incident of domestic violence. The tenant and landlord shall terminate the rental agreement, or the landlord shall remove the tenant's name from the rental agreement, by a mutually agreed upon date, not to exceed thirty days after the date the tenant gives the required notice. If the tenant and landlord do not agree on a date to terminate the rental agreement or remove the tenant's name from the agreement, the rental agreement shall terminate or the landlord shall remove the tenant's name from the rental agreement thirty days after the tenant gives the required notice.
(3) At any time within thirty days after a tenant having the tenant's name removed from a rental agreement for which there is at least one cotenant, the landlord may terminate the rental agreement as to any or all cotenants.
(4) A tenant who terminates a rental agreement or removes the tenant's name from a rental agreement is liable for the tenant's share of rent, prorated up to the date of the termination of the rental agreement or the removal of the tenant's name from the rental agreement, and is entitled to the return of the tenant's share of any security deposit as section 5321.16 of the Revised Code provides.
(C) In response to a request to terminate a rental agreement or remove the tenant's name from a rental agreement pursuant to division (B) of this section, a landlord may offer the tenant an opportunity to rent another unit at the location that is sufficiently distant from the tenant's current unit. Whether to accept that offer is at the tenant's discretion.
(D) No landlord shall knowingly terminate a tenancy because of the status of a tenant or household member as a victim of domestic violence or stalking, because the tenant or a household member requested emergency services as such a victim, or because the tenant previously terminated a rental agreement in accordance with this section.
(E) A tenant who is injured by a landlord's violation of division (D) of this section may recover damages in the amount of five hundred dollars or a greater amount if the tenant demonstrates that the actual expenses incurred by the tenant are higher than five hundred dollars, plus reasonable attorney's fees.
(F) A landlord does not incur any additional duty of care for a tenant the landlord accommodates pursuant to this section and section 5321.172 of the Revised Code, and the landlord gains no new or additional liability for any third party act that occurs after an accommodation the landlord makes pursuant to those sections.
Sec. 5321.172.  (A) A landlord of a tenant who is a victim of domestic violence or stalking shall change the lock to the dwelling unit where the tenant resides upon receipt of a written request from the tenant. If the tenant and the alleged perpetrator are cotenants in the dwelling unit, the written request shall be accompanied by a copy of a court order or protection order that orders the respondent or defendant named in the order to stay away from the tenant. Within forty-eight hours after receiving the notice and a copy of the order, the landlord shall change the lock and give the key to the new lock to the tenant. The tenant shall reimburse the landlord for the actual expense the landlord incurs in changing the lock. If the landlord fails to change the lock within the forty-eight-hour time period as this section requires, the tenant may change the lock without the landlord's permission. If the tenant changes the lock, the tenant shall do so in a competent and workmanlike manner with locks of similar or better quality than the original lock, and shall make a good faith offer to provide a key to the landlord and any remaining cotenant not later than twenty-four hours after the tenant changes the lock. If within thirty days after the landlord changes the lock the tenant does not reimburse the landlord for the expenses the landlord incurs in changing the locks, the landlord may deduct that amount from the security deposit or assess that amount as a charge to the tenant.
(B)(1) A landlord who receives a request and copy of an order under this section shall not, by any act, provide the respondent named in the order access to the dwelling unit for which the landlord or tenant has changed the locks unless the order allows the respondent to return to the dwelling unit to retrieve the respondent's personal possessions and the respondent is accompanied by a law enforcement escort.
(2) A respondent who is a tenant of the dwelling unit remains liable under the rental agreement for rent or any damage to the dwelling unit as provided in the rental agreement, unless the respondent can demonstrate that the tenant who changed the lock or had the lock changed intentionally damaged the dwelling unit.
(C) A landlord who changes a lock to a dwelling unit in accordance with this section is not liable for excluding from the dwelling unit a respondent named in an order the landlord receives from a tenant under this section or for loss of use or damage to the respondent's personal property while that property is in the dwelling unit after the lock has been changed.
(D)(1) If a landlord takes action to prevent a tenant who has complied with this section from changing a lock, the tenant may seek a temporary restraining order, preliminary injunction, or permanent injunction ordering the landlord to refrain from preventing the tenant from changing the lock. A tenant who successfully brings such an action may be awarded reasonable attorney's fees and costs.
(2) A tenant who changes the locks and does not make a good faith effort to provide a copy of the key to the landlord within forty-eight hours after changing the locks is liable for any damages to the dwelling unit or the building in which it is located that could have been prevented had the landlord been able to access the dwelling unit in the event of an emergency.
(3) A landlord who changes the locks and does not make a good faith effort to provide a copy of the key to the tenant within forty-eight hours after the landlord changes the locks is liable for any damages the tenant incurs as a result of not having access to the dwelling unit.
(4) The remedies provided under division (D) of this section are the exclusive remedies for violations of this section.
Sec. 5321.173. (A) A victim of domestic violence or stalking who is a tenant in a unit owned or operated by a metropolitan housing authority as described in section 3735.27 of the Revised Code, may request that the housing authority transfer the tenant to another location. A tenant may make any such request only if the tenant has made not more than one other such request during the previous five years. The tenant shall make any such request for transfer in writing, informing the housing authority that the tenant or a household member is a victim of domestic violence or stalking and affirming that the tenant has made not more than one other such request during the previous five years. The tenant shall supply the housing authority with any one or more of the following as evidence of the need for the transfer:
(1) A civil protection order issued after a full hearing under section 2903.214 or 3113.31 of the Revised Code or a consent agreement approved under section 3113.31 of the Revised Code;
(2) A temporary protection order or a no-contact order issued under section 2919.26 of the Revised Code, a criminal protection order issued under section 2903.213 of the Revised Code, or a protection order or no-contact order issued under any substantially similar law of another state or a substantially similar municipal ordinance of this state or another state;
(3) Medical documentation describing the incident of domestic violence or stalking;
(4) A sworn, notarized statement provided by a counselor, social worker, victim advocate, health care provider, or other professional who assists or has assisted the tenant or household member in dealing with the incident of domestic violence or stalking.
(B) Upon receipt of a request made pursuant to this section, and if the tenant has not made more than one other such request during the previous five years, the housing authority shall move the tenant as soon as practicable to another location if the authority has a unit available in another location.
(C) A housing authority does not incur any additional duty of care for a tenant it transfers or fails to transfer pursuant to this section, and the authority gains no new or additional liability for any third party act that occurs after a transfer.
(D) If a metropolitan housing authority wrongfully fails to comply with division (B) of this section, the tenant may recover actual damages resulting from the failure to transfer, obtain injunctive relief, and obtain a judgment for reasonable attorney's fees.
Sec. 5321.174. (A) Except to the extent that a landlord reasonably believes it is necessary to share information for the safety of any tenant or any other person, any information a landlord receives from a tenant under section 5321.171, 5321.172, or 5321.173 of the Revised Code is confidential. A landlord shall not share any confidential information with any other past, current, or prospective landlord, and a landlord shall not share any information with respect to a tenant's status as a victim of domestic violence or stalking with any other past, current, or prospective landlord. If the tenant shares any information that the tenant provides to a landlord under this section, that sharing does not waive the confidentiality of the information or the nature of the privileged communication.
(B) A landlord is not liable for any good faith violation of the confidentiality requirement this section establishes.
Section 2. That existing section 3113.31 of the Revised Code is hereby repealed.
Section 3.  Sections 5321.171, 5321.172, 5321.173, and 5321.174 of the Revised Code, as enacted by this act, apply to rental agreements entered into or renewed on or after the effective date of this act.
Section 4.  (A) A reasonable accommodation includes actions such as providing a safer parking place or a different phone extension, moving the employee to a different physical location within the employer's facility or to a different facility, or making other changes that permit the employee to perform essential job functions without posing a significant risk of harm to the safety of the employee or others.
(B) In determining whether an accommodation imposes an undue hardship, factors to be considered include all of the following:
(1) The nature and net cost of the accommodation needed, taking into consideration the availability of tax credits, deduction, and outside funding;
(2) The overall financial resources of the facility involved in the provision of the reasonable accommodation, the number of persons employed at the facility, and the effect on expenses and resources;
(3) The overall financial resources of the employer, the overall size of the employer's business with respect to the number of employees, and the number, type, and location of its facilities;
(4) The type of operation of the employer, including the composition, structure, and functions of the workforce of the employer and the geographic separateness and administrative or fiscal relationship of the facility in question to the employer;
(5) The impact of the accommodation on the operation of the facility, including the impact on the ability of other employees to perform their duties and the impact on the facility's ability to conduct business.
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