SCRHA Update: Priority Bills Headed to Governor's Desk
Social Security Tenant Protection Act, Refrigerator Mandate, & Improved UD Language Bill Head to the Governor for Signature or Veto
Despite significant industry opposition, including direct lobbying from SCRHA, both AB 246 (Bryan) and AB 628 (McKinnor) are heading to the Governor’s desk.
AB 246 would essentially prevent the eviction of tenants who can’t pay rent due to an interruption of Social Security benefits. The bill would authorize a tenant to assert Social Security hardship as an affirmative defense in an unlawful detainer proceeding based on the nonpayment of rent. The Act would define “Social Security hardship” as a loss of income due to an interruption in the payment of Social Security benefits due to the action or inaction of the federal government. The Act would not relieve a tenant of their obligation to pay past due rent, and it would require a tenant, within 14 days of the Social Security benefits being restored, to either pay all past due rent or enter into a mutually agreed upon payment plan with the housing provider. If signed into law, the Act would remain in effect until January 20, 2029.
AB 628 would require that rental units include a working stove and refrigerator in order to be habitable. SCRHA worked directly with the author’s office on the bill, hoping that amendments could make the bill workable. While amended some, the changes did not improve the bill enough to remove SCRHA’s opposition. The bill, if signed, would also require a landlord to repair or replace a stove or refrigerator that is subject to recall by the manufacturer or a public entity within 30 days of receiving notice of a recall. The bill would also authorize a tenant and landlord to mutually agree when the lease is signed if the tenant chooses to provide and maintain their own refrigerator, subject to certain conditions.
However, there is good news. AB 863 (Kalra) regarding language requirements in Unlawful Detainer noticing also passed earlier this week. SCRHA removed its opposition after the bill was significantly amended to address our concerns with fairness, administrative burdens, and legal pitfalls. This bill would have required landlords to provide notices to terminate leases and complaints in specified civil actions in Spanish, Chinese, Tagalog, Vietnamese, or Korean, if the lease was originally negotiated in one of those languages or if the landlord has reason to believe one of the languages is the tenant’s primary language. This bill would have also placed similar requirements on summonses in those cases. The bill was recently amended so that no onus is placed on housing providers. This bill, if signed, would require the Judicial Council to create, by January 1, 2027, a single summons form for mandatory use in an action for unlawful detainer to remove a tenant from a residential property that includes the information in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean.
The Governor has until October 12 to sign or veto bills. SCRHA will continue to work to stop AB 246 and AB 828 from becoming law. Thank you to all the members who answered SCRHA’s Action Alerts throughout the Legislative Session. We will provide more updates on bills as they become available.