California Assembly Bill AB246

California 2025-2026 Regular Session

• Introduced: 1/15/25
• Refer: 2/10/25
• Report Pass: 2/24/25
• Refer: 2/25/25
• Report Pass: 3/4/25
• Refer: 4/10/25
• Report Pass: 4/30/25
• Refer: 5/5/25
• Refer: 5/14/25
• Report Pass: 5/23/25
• Engrossed: 6/4/25
• Refer: 6/5/25
• Refer: 6/18/25
• Report Pass: 7/3/25
• Refer: 7/3/25
• Report Pass: 7/16/25
• Refer: 7/17/25
• Report Pass: 8/18/25
• Refer: 8/18/25
• Refer: 8/25/25
• Report Pass: 8/29/25
• Enrolled: 9/10/25
• Chaptered: 10/6/25
• Passed: 10/6/25

Caption

An act to add and repeal Section 1946.3 to the Civil Code, relating to housing.

Impact

This bill modifies existing housing laws by providing protection to tenants experiencing financial difficulties related to their Social Security benefits. It establishes a legal framework that enables affected tenants to present evidence of their hardship in court, which could potentially delay eviction proceedings. The bill requires tenants to demonstrate to the court that their income from Social Security has been disrupted and that this interruption directly impacted their ability to pay rent, generating a significant shift in the balance of power favoring tenants in eviction cases.

Summary

Assembly Bill 246, known as the Social Security Tenant Protection Act of 2025, introduces a critical safety net for tenants who experience hardship due to interruptions in Social Security benefits. This legislation allows tenants to assert Social Security hardship as an affirmative defense in unlawful detainer proceedings associated with nonpayment of rent. The aim of the bill is to provide a legal avenue for tenants who are unable to pay rent owing to circumstances beyond their control, specifically those linked to the federal government's actions resulting in delayed or terminated benefits.

Sentiment

The reception of AB 246 has been mixed among lawmakers and advocacy groups. Proponents argue that the bill fills a crucial gap in tenant protections, emphasizing the need for support during times of federal processing delays that can leave vulnerable populations without means to remain in their homes. Detractors, however, have expressed concerns about the potential for abuse of the affirmative defense and whether the bill adequately addresses landlords' rights to enforce rental agreements, thereby highlighting the bill's polarizing nature in discussions about tenant protection versus landlord rights.

Contention

A point of contention surrounding this legislation is its short-term effectiveness, as it is set to remain in force only until January 20, 2029. Critics suggest that while the bill offers temporary relief, it does not provide long-term solutions for the housing crisis faced by low-income residents dependent on Social Security. Furthermore, there are ongoing debates regarding the adequacy of the protection mechanisms in place to both support tenants and ensure that landlords are not unduly burdened by potential evictions stemming from nonpayment due to legitimate hardships.