Plain English Breakdown
The official source material does not provide specific details on how long eviction proceedings can be delayed beyond the requirement to catch up on rent within 14 days of restored benefits.
Social Security Tenant Protection Law
This law allows tenants who face eviction due to delays, reductions, or interruptions in their Social Security benefits to delay eviction proceedings until they can pay back rent or make a payment plan with the landlord.
What This Bill Does
- Allows tenants to use 'Social Security hardship' as an affirmative defense in unlawful detainer proceedings based on nonpayment of rent.
- Defines 'Social Security hardship' as a loss of income due to an interruption in Social Security benefits caused by federal government action or inaction, which prevents the tenant from paying rent.
- Requires tenants to provide evidence that their Social Security payments have been terminated, delayed, or reduced and that this prevented them from paying rent.
- If a tenant proves they had Social Security hardship, the court must delay eviction proceedings until the tenant can either pay back rent or make a payment plan with the landlord.
- The law requires tenants to catch up on missed rent within 14 days after their Social Security benefits are restored.
Who It Names or Affects
- Tenants who receive Social Security and have trouble paying rent because of delays, reductions, or interruptions in their payments.
- Landlords involved in unlawful detainer proceedings with tenants claiming Social Security hardship.
Terms To Know
- Social Security hardship
- A situation where someone loses income due to an interruption in their Social Security benefits, which stops them from paying rent.
- Unlawful detainer proceeding
- The legal process a landlord uses to evict a tenant for not following the terms of the lease agreement, such as not paying rent on time.
Limits and Unknowns
- This law only applies until January 20, 2029.
- It does not forgive past due rent; tenants must still pay it back or make a payment plan with their landlord once they receive their Social Security benefits again.