Nonpayment of rent: federal employees: government shutdown.

Plain English Breakdown

The official source does not specify the exact amount of the civil penalties or how they will be enforced.

Rent Protection for Federal Workers During Shutdown

This law stops landlords from evicting federal workers or contractors who can't pay rent because of 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 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 during the period of the government shutdown and for 30 days afterward.
• Requires courts to pause any eviction cases against these tenants while they are impacted by the shutdown.
• Needs tenants to show proof of their employment status and income impact due to the shutdown to their landlord or court.

Who It Names or Affects

• Federal government employees
• Federal contractors
• Landlords of federal workers and contractors during a shutdown

Terms To Know

Government Shutdown

A situation where the U.S. government temporarily stops operating because Congress has not approved funding for it.

Unlawful Detainer

When a landlord tries to remove a tenant from their home through legal action due to unpaid rent or other reasons.

Limits and Unknowns

• The bill does not specify what happens if the government shutdown lasts longer than expected.
• It is unclear how this law will be enforced and whether it applies to all states equally.

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