CaliforniaSocial Security Tenant Protection Act of 2025.
What it does
Existing law provides that a tenant is guilty of unlawful detainer if the tenant continues to possess the property without permission of the landlord after the tenant defaults on rent or fails to perform a condition or covenant of the lease under which the property is held, among other reasons. Existing law requires a tenant be served a 3 days' notice in writing to cure a default or perform a condition of the lease, or return possession of the property to the landlord, as specified. Existing law, until January 1, 2030, prohibits an owner of residential real property from terminating a tenancy without just cause, as specified.
More detail
This bill would, until January 20, 2029, enact the Social Security Tenant Protection Act of 2025 (the Act). The Act would authorize a tenant of residential real property to assert Social Security hardship as an affirmative defense in an unlawful detainer proceeding based on the nonpayment of rent. The Act would define "Social Security hardship" as a loss of income due to an interruption in the payment of Social Security benefits due to the action or inaction of the federal government. The Act would require a tenant asserting Social Security hardship as an affirmative defense to provide, to the satisfaction of the court, evidence that Social Security payments typically received by the tenant's household have been terminated, delayed, or reduced due to no fault of the tenant and that the hardship prevented the tenant from paying the rent. If the tenant successfully provides this evidence, the Act would require the court to issue a stay of the unlawful detainer action, as specified.
The Act would not relieve a tenant of their obligation to pay past due rent, and it would require a tenant, within 14 days of the Social Security benefits being restored, to either pay all past due rent or enter into a mutually agreed upon payment plan with the owner of the residential real property. If the tenant pays all past due rent or enters into a payment plan with the owner, the Act would require the court to either dismiss the unlawful detainer action with prejudice or set aside the judgment against all named and unnamed defendants in the action. The Act would further require the Judicial Council, by January 1, 2027, to adopt or modify forms as needed to implement the Act.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Oct 6Chaptered by Secretary of State - Chapter 337, Statutes of 2025.Latest
- Oct 6Approved by the Governor Gavin Newsom.Became Law
- Sep 22Enrolled and presented to the Governor at 3 p.m.To Governor
- Sep 11
- Vote recorded AB 246 Bryan Concurrence in Senate Amendments. Result: pass.Lower
- Sep 10Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 50. Noes 17. Page 3233.).Major
- Sep 9In Assembly. Concurrence in Senate amendments pending.
- Vote recorded 3rd Reading AB246 Bryan et al. By Wahab. Result: pass.Upper
- Sep 9Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 11. Page 2699.).Passed Senate
- Aug 29Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Upper
- Aug 29From committee: Do pass. (Ayes 5. Noes 2.) (August 29).Minor
- Aug 25In committee: Referred to suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Aug 18(Ayes 27. Noes 0. Page 2174.)
- Aug 18From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.Major
- Aug 13In committee: Hearing postponed by committee.
- Jul 17Read second time and amended. Re-referred to Com. on APPR.Major
- Jul 16From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 2.) (July 15).Major
- Jul 15
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]. Result: pass.Upper
- Jul 3From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.Major
- Jun 18Referred to Com. on JUD.Minor
- Jun 5In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Jun 4Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 13. Page 2077.)Passed Assembly
- Vote recorded AB 246 Bryan Assembly Third Reading. Result: pass.Lower
- May 27Read second time. Ordered to third reading.Minor
- May 23From committee: Do pass. (Ayes 11. Noes 2.) (May 23).Minor
- Vote recorded Do pass. Result: pass.Lower
- May 14In committee: Set, first hearing. Referred to suspense file.Minor
- May 5Re-referred to Com. on APPR.Minor
- May 1Read second time and amended.Major
- Apr 30From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (April 29).Major
- Apr 29
- Vote recorded Do pass as amended and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Apr 10Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.Minor
- Apr 10Read third time and amended. Ordered to third reading. (Page 1104.)Major
- Mar 28Read third time and amended. Ordered to third reading. (Page 939.)Major
- Mar 6Read second time. Ordered to third reading.Minor
- Mar 5Read second time and amended. Ordered returned to second reading.Major
- Mar 4From committee: Amend, and do pass as amended. (Ayes 8. Noes 3.) (March 4).Major
- Vote recorded Do pass as amended. Result: pass.Lower
- Feb 25Re-referred to Com. on JUD.Minor
- Feb 24From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.Major
- Feb 10Referred to Coms. on JUD. and PUB. S.Minor
- Jan 16From printer. May be heard in committee February 15.
- Jan 15Read first time. To print.Introduced