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Am. Sub. H. B. No. 167 As Passed by the HouseAs Passed by the House
| 128th General Assembly | | Regular Session | | 2009-2010 |
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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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