New Property Laws For 2026
AB 246
California's AB 246, the Social Security Tenant Protection Act of 2025, became law in October 2025 and is in effect until January 20, 2029. The Act provides a temporary eviction defense for tenants who cannot pay rent due to a specific, federally-caused disruption in their Social Security benefits.
Key aspects of the law include:
- Eviction Defense: A tenant can use "Social Security hardship" as an affirmative defense in an unlawful detainer (eviction) lawsuit for nonpayment of rent.
- Trigger for Hardship: The hardship must be a loss of income due to Social Security payments being terminated, delayed, or reduced through no fault of the tenant, caused by action or inaction of the federal government. A formal declaration of a social security benefit payment interruption must be made by the California Department of Finance to activate these protections.
- Tenant's Action: To receive protection, a tenant must:
- Provide evidence to the court that the hardship prevented them from paying rent.
- Sign and deliver a "declaration of social security-related financial distress" form to the landlord on or before the notice to pay rent or quit expires. Landlords are required to include an unsigned copy of this form with any notice to pay rent during a declared interruption.
- Court Proceedings: If the tenant provides sufficient evidence of hardship, the court must stay (pause) the unlawful detainer action. The stay can last for up to six months or 14 days after benefits are restored, whichever is sooner.
- Time Limit & Rent Obligation:
- The law does not relieve the tenant of their obligation to pay the past-due rent.
- Within 14 days of their Social Security benefits being restored, the tenant must either pay all past-due rent or enter into a mutually agreed-upon payment plan with the landlord.
- The protections are in effect only until January 20, 2029, at which point the law is repealed.
