Nonpayment of rent: federal employees: government shutdown.

Plain English Breakdown

The official source does not provide information on what happens if the government shutdown lasts longer than expected.

Protection for Federal Employees During Government Shutdowns

This law stops landlords from evicting federal employees or contractors who cannot pay rent due to a government shutdown, and it also prevents late fees during this time.

What This Bill Does

• Prevents landlords from evicting tenants employed by the federal government or working as federal contractors if their income is affected by a government shutdown for up to 30 days after the shutdown ends.
• Forbids landlords from charging late fees on rent that was not paid due to a government shutdown during and after the shutdown period.
• Requires courts to pause any eviction actions against these tenants while they are affected by a government shutdown.
• Needs tenants to show proof of employment and income impact from a government shutdown to their landlord or court.
• Makes it illegal for landlords to violate this law, with fines up to $2,000.
• Requires the Judicial Council to update legal forms to help implement these rules.

Who It Names or Affects

• Federal employees and contractors who face income loss due to a government shutdown.
• Landlords of federal employees or contractors during a government shutdown period.

Terms To Know

Government Shutdown

A situation where the U.S. government temporarily stops operating some parts because it does not have enough money to fund them.

Unlawful Detainer

When a landlord tries to remove a tenant from their home for breaking lease rules, like not paying rent on time.

Limits and Unknowns

• The bill does not specify what happens if the government shutdown lasts longer than expected.
• It is unclear how landlords will be compensated for missed rent during this period.

Official Summary Text

SB 1155, as amended, Smallwood-Cuevas.
Nonpayment of rent: federal employees: government shutdown.
Existing law regulates the terms and conditions of residential tenancies. Existing law provides that a tenant is guilty of unlawful detainer if the tenant continues to possess the property without permission of the landlord after the tenant defaults on rent, among other reasons.
This bill would prohibit a landlord from evicting for nonpayment of rent or nonrent fees, as defined, or charging or collecting late fees to, a tenant who is employed by the federal government or a federal contractor and whose income is materially affected by a government shutdown for the duration of, and 30 days following, a government shutdown. The bill would additionally require a court to stay any pending eviction action against the tenant during that time, as provided. The bill would require the tenant to provide specified documentation to a landlord or court, as
applicable. The bill would require the deferred rent to be due and payable within 30 days of the date the tenant receives their first full paycheck containing retroactive backpay, as provided.
This bill would impose civil penalties not to exceed $2,000 for any person who knowingly violates its provisions and would permit the tenant to raise a violation of its provisions as an affirmative defense in any action for unlawful detainer. The bill would specify that this affirmative defense does not apply to any unlawful detainer action other than an action based on the nonpayment of rent or nonrent fees. The bill would require the Judicial Council to adopt or modify forms as needed to implement these provisions. The bill would make related findings and declarations.

Current Bill Text

Download Bill PDF