AB 246: Social Security Hardship Defense in Nonpayment Evictions

What it requires

• In an eviction for nonpayment of rent, a tenant can raise “Social Security hardship” as a defense. That means lost income because the federal government’s action or inaction interrupted Social Security payments.
• The tenant must prove to the court that the household’s usual benefits were terminated, delayed, or reduced through no fault of the tenant, and that this is why the rent went unpaid.
• If the court accepts the proof, it must stay the case until 14 days after benefits are restored or 6 months after the stay, whichever comes first.
• The rent is still owed. Within 14 days of benefits being restored, the tenant must pay all past-due rent or agree to a payment plan with the owner. If the tenant does, the court restores the tenancy and dismisses the case with prejudice or sets aside the judgment.
• The defense applies only to nonpayment-of-rent cases, and the law expires January 20, 2029.

Owner checklist

• Before filing, ask whether a late tenant’s household relies on Social Security
• Plan for a possible stay of up to 6 months in a nonpayment case
• Keep the rent ledger current so the past-due amount is clear
• Put any payment plan in writing, signed by both sides