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. The Mobilehome Residency Law prohibits a tenancy from being terminated unless specified conditions are met, including that the tenant fails to pay rent, utility charges, or reasonable incidental service charges, and 3 days' notice in writing is provided to the tenant, as specified.
This bill would, until January 20, 2029, enact the Social Security Tenant Protection Act of 2025 (the Act) . The Act would prohibit a court, during a declared social security benefit payment interruption, from issuing a summons on a complaint for unlawful detainer in any action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges, if the defendant experiences a loss of income due to the social security benefit payment interruption.
The Act would define "social security benefit payment interruption" for purposes of these provisions to mean any disruption in the administration or disbursement of any benefit payments administered by the Social Security Administration that results in a delay of 3 or more calendar days beyond the scheduled payment disbursement date. The Act would require the Department of Finance to monitor the status of social security benefit payments, and if it determines there is a social security benefit payment interruption, to deliver notice of its determination to the Joint Legislative Budget Committee and to the Judicial Council. A "declared social security benefit payment interruption" under the Act begins on the day that the Joint Legislative Budget Committee receives that determination and ends when the Department of Finance delivers a determination that social security benefit payments have been restored or 6 months after the commencement of the declared interruption, whichever occurs first.
The Act would also require any 3 days' notice that demands payment of covered rental debt, as defined, that is served on a tenant during a declared social security benefit payment interruption to meet specified criteria, including that the notice include an unsigned copy of a declaration of social security-related financial distress and that the notice advise the tenant that the tenant will not be evicted for failure to comply with the notice if the tenant delivers a signed declaration to the landlord, as specified. The Act would deem a 3 days' notice that fails to comply with this criteria void and insufficient to support a judgment for unlawful detainer or to terminate a tenancy. The Act would prohibit a tenant that delivers a declaration, under penalty of perjury, of social security-related financial distress pursuant to these provisions from being deemed in default with regard to the covered rental debt, as specified. By expanding the crime of perjury, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Statutes affected:
AB 246: 396 PEN
01/15/25 - Introduced: 396 PEN
02/24/25 - Amended Assembly: 396 PEN
04/10/25 - Amended Assembly: 798.56 CIV, 798.56 CIV