Thursday, January 1, 2026

New California Law Protects Renters From Eviction When Social Security Payments Are Interrupted

California renters who depend on Social Security benefits to pay their rent now have additional protection against eviction if federal government actions interrupt those payments.

Assembly Bill 246, known as the Social Security Tenant Protection Act of 2025, takes effect January 1, 2026. The law allows qualifying tenants to raise a special defense in eviction court when Social Security benefits are delayed, reduced or stopped through no fault of their own, leaving them unable to pay rent.

The protection could be particularly important for older adults, people with disabilities and households that depend on Social Security income to cover their monthly housing expenses.

The legislation was authored by Assemblymember Isaac Bryan, whose district includes portions of Los Angeles, and signed by Gov. Gavin Newsom on October 6, 2025.

Why California Passed the Social Security Tenant Protection Act

For many renters living on fixed incomes, Social Security payments represent a substantial portion of their household budgets.

Rent, utilities, groceries and other expenses are often planned around the date those benefits arrive.

A sudden interruption can leave a household unable to make its rent payment, even when the tenant has consistently paid on time.

The concern became especially relevant during the federal government shutdown in the fall of 2025, when uncertainty surrounding federal programs raised questions about the stability of benefit payments.

Regular Social Security payments continued during that shutdown. However, lawmakers worried about what could happen if a future shutdown or other federal action actually disrupted those payments.

Under California's normal eviction procedures, a landlord can serve a three-day notice to pay rent or quit when rent is overdue. If the tenant doesn't comply, the landlord may be able to proceed with an unlawful detainer lawsuit.

AB 246 creates an additional defense for qualifying renters whose inability to pay results directly from an interruption in Social Security benefits.

How the New Eviction Protection Works

Under the new law, a tenant facing eviction for unpaid rent may claim what the legislation calls a "Social Security hardship."

To qualify, the tenant must demonstrate that Social Security benefits normally received by someone in the household were delayed, reduced or terminated because of federal government action or inaction.

The interruption must have occurred through no fault of the tenant, and the resulting loss of income must have prevented the household from paying the rent identified in the eviction lawsuit.

The law doesn't automatically stop every eviction involving a Social Security recipient.

Instead, the tenant must raise the hardship as an affirmative defense in court and provide evidence supporting the claim.

If the court finds that the legal requirements have been met, it must temporarily pause the eviction proceeding.

That pause gives the tenant additional time to address the missed rent rather than immediately losing the opportunity to remain housed because of the federal payment interruption.

How Long Can an Eviction Be Paused?

The law establishes a specific limit on how long a qualifying eviction case can remain on hold.

The court-ordered pause lasts until whichever of two events happens first: 14 days after the interrupted Social Security benefits are restored, or six months after the court issues the pause.

That means the protection is temporary rather than an indefinite prohibition on eviction.

If benefits remain interrupted for six months, the court proceeding may resume even though payments have not yet been restored.

The law also doesn't prohibit landlords from filing eviction lawsuits. It provides a defense that tenants must establish during the legal process.

For renters who receive a notice or court papers, responding promptly remains essential.

Tenants Still Have to Pay the Rent They Owe

One of the most important distinctions in AB 246 is that it doesn't forgive unpaid rent.

If a tenant falls behind because of an eligible Social Security interruption, the missed payments remain due.

Within 14 days after benefits are restored, the tenant must either pay the past-due rent or enter into a mutually agreed-upon repayment plan with the landlord.

When the tenant satisfies that requirement, the court must dismiss the eviction case or set aside an applicable eviction judgment.

A repayment agreement must be mutually acceptable to the landlord and tenant. The law doesn't automatically require a landlord to accept every proposed payment arrangement.

These provisions are intended to balance a tenant's need for protection during an unexpected interruption with the property owner's right to receive the rent owed.

Who Can Qualify for the Protection?

The law applies to residential rental housing throughout California, including qualifying rental units in Los Angeles.

It also includes residential units in mobilehome parks.

Importantly, the Social Security recipient doesn't necessarily have to be the person named on the lease. The law refers to Social Security payments normally received by the tenant's household.

For example, a household in which an older parent receives Social Security benefits may potentially qualify if those payments are interrupted and the resulting income loss prevents the household from paying rent.

However, simply having someone who receives Social Security in the household isn't enough.

The tenant must establish that the benefits were disrupted through no fault of their own and that the disruption caused the inability to pay the rent involved in the eviction case.

The protection applies specifically to eviction proceedings based on nonpayment of rent. It does not create a general defense against evictions involving unrelated lease violations or other lawful grounds for terminating a tenancy.

What Los Angeles Renters Should Do if Benefits Are Interrupted

Tenants who experience a Social Security payment interruption should preserve any notices or correspondence from the Social Security Administration explaining the delay, reduction or termination.

Bank statements, benefit records and documents showing when payments were expected can also help establish what happened.

Tenants should keep copies of communications with their landlords, particularly if they have explained that a federal benefit interruption is affecting their ability to pay rent.

If an eviction lawsuit is filed, those records may be important when presenting a Social Security hardship defense.

Renters should not assume the new law protects them automatically or that they can ignore a notice to pay rent.

Anyone facing eviction should seek legal assistance promptly to understand court deadlines and how to raise the defense.

ProTenant.org maintains a Legal Help page with resources for Los Angeles renters seeking housing-related assistance.

A Temporary Protection With a 2029 Expiration Date

The Social Security Tenant Protection Act is scheduled to remain in effect until January 20, 2029, unless lawmakers extend or modify it.

The legislation is not intended to replace California's existing tenant protections or local eviction ordinances.

Instead, it addresses a specific problem: what happens when renters who depend on Social Security cannot pay their rent because the federal government interrupts their benefits.

The new law does not guarantee that federal payments will arrive on time. Nor does it eliminate a tenant's financial obligations.

But it gives qualifying households an opportunity to explain their circumstances in court and avoid losing their homes solely because of a temporary interruption beyond their control.

For Los Angeles renters who depend on fixed monthly benefits, that additional protection could make the difference between resolving a missed payment and facing displacement.

Sources

Original news coverage: David Wagner, LAist, December 19, 2025. The New 2026 Housing Laws That LA Renters and Landlords Need to Know.

Official legislation: Assembly Bill 246, Chapter 337, Statutes of 2025. Read the Enacted Social Security Tenant Protection Act.

Governor's announcement: Office of Gov. Gavin Newsom, October 6, 2025. Governor Newsom Signs New Laws to Help Reduce Costs for Families.