AB 246: Social Security Tenant Protection Act of 2025.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

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.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 4

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. October 6, 2025Chaptered by Secretary of State - Chapter 337, Statutes of 2025.
2. October 6, 2025Approved by the Governor.
3. September 22, 2025Enrolled and presented to the Governor at 3 p.m.
4. September 10, 2025Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 50. Noes 17. Page 3233.).
5. September 9, 2025In Assembly. Concurrence in Senate amendments pending.
6. September 9, 2025Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 11. Page 2699.).
7. August 29, 2025Read second time. Ordered to third reading.
8. August 29, 2025From committee: Do pass. (Ayes 5. Noes 2.) (August 29).
9. August 25, 2025In committee: Referred to suspense file.
10. August 18, 2025(Ayes 27. Noes 0. Page 2174.)
11. August 18, 2025From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
12. August 13, 2025In committee: Hearing postponed by committee.