Isaac Bryan
- Democratic
- Assemblymember
- District 55
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.
Chaptered by Secretary of State - Chapter 337, Statutes of 2025.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 50. Noes 17. Page 3233.).
Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 11. Page 2699.).
In Assembly. Concurrence in Senate amendments pending.
From committee: Do pass. (Ayes 5. Noes 2.) (August 29).
Read second time. Ordered to third reading.
(Ayes 27. Noes 0. Page 2174.)
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
In committee: Hearing postponed by committee.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 2.) (July 15).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 13. Page 2077.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 11. Noes 2.) (May 23).
In committee: Set, first hearing. Referred to suspense file.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (April 29).
Read third time and amended. Ordered to third reading. (Page 1104.)
Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.
Read third time and amended. Ordered to third reading. (Page 939.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 8. Noes 3.) (March 4).
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
From printer. May be heard in committee February 15.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB246 | HTML |
| 01/15/25 - Introduced | |
| 02/24/25 - Amended Assembly | |
| 03/05/25 - Amended Assembly | |
| 03/28/25 - Amended Assembly | |
| 04/10/25 - Amended Assembly | |
| 05/01/25 - Amended Assembly | |
| 07/03/25 - Amended Senate | |
| 07/17/25 - Amended Senate | |
| 08/18/25 - Amended Senate | |
| 09/12/25 - Enrolled | |
| 10/06/25 - Chaptered |
| Document | Format |
|---|---|
| 02/28/25- Assembly Judiciary | |
| 03/12/25- ASSEMBLY FLOOR ANALYSIS | |
| 03/28/25- ASSEMBLY FLOOR ANALYSIS | |
| 04/25/25- Assembly Judiciary | |
| 05/12/25- Assembly Appropriations | |
| 05/28/25- ASSEMBLY FLOOR ANALYSIS | |
| 07/11/25- Senate Judiciary | |
| 08/22/25- Senate Appropriations | |
| 08/30/25- Sen. Floor Analyses | |
| 09/10/25- ASSEMBLY FLOOR ANALYSIS |
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