AB 246 California Assembly · 2025-2026 Regular Session

Social Security Tenant Protection Act of 2025.

Summary
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.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Aug 2025
Assembly Passage
Jun 2025
Senate Passage
Sep 2025
Signed into Law
Oct 2025
Introduced Jan 15, 2025 Signed Oct 6, 2025
Maddy AI version diff · 11 comparisons

What changed between versions

08/18/25 - Amended Senate 09/12/25 - Enrolled · 7 edits · Sep 12, 2025
MODERATE
The enrolled version of AB 246 significantly narrowed the bill's scope compared to the amended Senate version. The enacted bill now only adds Section 1946.3 to the Civil Code, which provides tenants an affirmative defense in unlawful detainer proceedings based on nonpayment of rent when they experience a Social Security benefit interruption. Several more aggressive provisions from the earlier version - including an automatic ban on courts issuing summons during declared payment interruptions, mandatory notice requirements for 3-day pay-or-quit notices, and a mechanism requiring the Department of Justice to formally declare payment interruptions - were all removed.
SCOPE

The bill no longer amends Section 798.56 of the Civil Code or Section 1161 of the Code of Civil Procedure, and no longer adds or repeals Chapter 6 (Section 1179.20 et seq.) of Title 3 of Part 3 of the Code of Civil Procedure. The enrolled act now only adds and repeals Section 1946.3 of the Civil Code.

ENFORCEMENT

Removed the provision that would have prohibited a court from issuing a summons on an unlawful detainer complaint during a declared social security benefit payment interruption if the defendant experienced a loss of household income due to the interruption.

DEFINITION

Removed the definition of 'social security benefit payment interruption' (any disruption in Social Security Administration payments resulting in a delay of 3 or more calendar days beyond the scheduled date) and the related mechanism for declaring such interruptions.

REQUIREMENT

Removed the requirement that the Department of Justice deliver notice to the Joint Legislative Budget Committee and Judicial Council within 5 court days when it determines there is a social security benefit payment interruption and files an action to restore payments.

Removed the requirements for 3-day pay-or-quit notices, including that they must include an unsigned copy of a declaration of social security-related financial distress and advise tenants they will not be evicted if they deliver a signed declaration. Non-compliant notices would have been deemed void.

ELIGIBILITY

Removed the provision that a tenant who delivers a declaration of social security-related financial distress under penalty of perjury, along with documentation of reliance on Social Security benefits, would not be deemed in default for covered rental debt.

FISCAL

Removed the state-mandated local program designation and the related reimbursement provisions that were included in the earlier version.

Floor votes · Senate Sep 9, 2025 · Assembly Jun 4, 2025

How they voted

2711
Passed · 2 other
Total votes 40
Sep 9, 2025
D Democratic30
27 Yea 1 Nay 2
90% Yea
R Republican10
10 Nay
100% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
35
Key actions
13
Committee
11
Amendments
13
Oct 6, 2025
Signed into law
Approved by the Governor.
legislature
Sep 10, 2025
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 50. Noes 17. Page 3233.).
lower
Sep 9, 2025
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Sep 9, 2025
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 11. Page 2699.).
upper
Aug 29, 2025
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 2.) (August 29).
upper
Aug 25, 2025
Committee
In committee: Referred to suspense file.
upper
Aug 18, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
upper
Aug 13, 2025
Upper · Passed
In committee: Hearing postponed by committee.
upper
Jul 17, 2025
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Jul 16, 2025
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 2.) (July 15).
upper
Jul 3, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
upper
Jun 18, 2025
Committee
Referred to Com. on JUD.
upper
Jun 4, 2025
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 13. Page 2077.)
lower
May 23, 2025
Lower · Passed
From committee: Do pass. (Ayes 11. Noes 2.) (May 23).
lower
May 14, 2025
Committee
In committee: Set, first hearing. Referred to suspense file.
lower
May 5, 2025
Committee
Re-referred to Com. on APPR.
lower
May 1, 2025
Lower · Passed
Read second time and amended.
lower
Apr 30, 2025
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (April 29).
lower
Apr 10, 2025
Committee
Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.
lower
Apr 10, 2025
Lower · Passed
Read third time and amended. Ordered to third reading. (Page 1104.)
lower
Mar 28, 2025
Lower · Passed
Read third time and amended. Ordered to third reading. (Page 939.)
lower
Mar 5, 2025
Lower · Passed
Read second time and amended. Ordered returned to second reading.
lower
Mar 4, 2025
Introduced
From committee: Amend, and do pass as amended. (Ayes 8. Noes 3.) (March 4).
lower
Feb 25, 2025
Committee
Re-referred to Com. on JUD.
lower
Feb 24, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
lower
Feb 10, 2025
Committee
Referred to Coms. on JUD. and PUB. S.
lower
Jan 16, 2025
Lower · Passed
From printer. May be heard in committee February 15.
lower
1 primary · 3 co-sponsors

Sponsors