20250SB__115597AMD INTRODUCED 2026-02-18 AMENDED_SENATE 2026-04-07 AMENDED_SENATE 2026-04-13 2025 SB AMD Introduced by Senator Smallwood-Cuevas (Coauthor: Senator Wahab) LEAD_AUTHOR SENATE Smallwood-Cuevas COAUTHOR SENATE Wahab

An act to add

Section 1946.4 to the Civil Code, relating to tenancy. tenancy 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 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 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. MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following: (

a) California is home to approximately 150,000 federal civilian employees and tens of thousands of federal contractors who provide essential services to the state. (

b) During a federal government shutdown, these employees are either furloughed or required to work without pay, creating immediate and severe financial hardship. (

c) The loss of a predictable paycheck through no fault of the employee puts families at risk of eviction, homelessness, and permanent credit damage. (

d) It is the intent of the Legislature to provide temporary, emergency protections to ensure that those who serve the public are not displaced from their homes due to federal legislative stalemates.

SEC.

Section 1946.4 is added to the Civil Code , to read: 1946.4. (

a) For the purposes of this section, the following

definitions apply: (1) “Covered period” means the period beginning on the first day of a government shutdown and ending days after the date on which the shutdown ends and backpay is authorized. (2) “Covered tenant” means any individual employed by a federal agency, or an individual employed by a federal contractor, who is a tenant and whose primary residence is located in California and whose income is materially impacted by a government shutdown. (3) “Government shutdown” means any lapse in federal appropriations that results in a furlough or the requirement for federal employees to work without pay. (4) “Landlord” means an owner of residential rental property or the owner’s agent. (5) “Material impact” means a reduction in household income or a delay in pay resulting from a government shutdown that renders the tenant unable to pay the full amount of rent due. (6) “Nonrent fees” means mandatory or optional charges imposed on a tenant by a landlord in addition to rent. (7) “Tenant” means tenant, subtenant, lessee, or sublessee. (

b) Notwithstanding any other law, and subject to the requirements in subdivision (c), all of the following shall apply:

(1) A landlord shall not initiate or continue an unlawful detainer action to evict a covered tenant for nonpayment of rent or nonrent fees for the duration of the covered period.

(2) In any pending eviction action against a covered tenant, the court shall stay the proceedings for the duration of the covered period if the covered tenant’s ability to pay rent is materially affected by the government shutdown.

(3) A landlord shall not charge or collect any late fees, interest, or other penalties related to the nonpayment of rent or nonrent fees by a covered tenant during the covered period. (

c) To qualify for the protections under subdivision (b), a covered tenant shall provide both of the following to the landlord or the court, as applicable:

(1) Written notice within days of a missed rent payment stating that the covered tenant is a federal employee or contractor affected by a government shutdown.

(2) A copy of a furlough notice, a “stay-at-home” order, or a pay stub showing zero dollars ($0) in earnings due to a government shutdown. (d)

(1) This

section does not relieve a covered tenant of the obligation to pay rent.

(2) All rent deferred during the covered period shall be due and payable within days of the date the covered tenant receives their first full paycheck containing retroactive backpay.

(3) Landlords and covered tenants are encouraged to enter into a written repayment plan for any remaining arrears. (

e) Any person who knowingly violates this

section shall be liable for a civil penalty not to exceed two thousand dollars ($2,000) per violation, in addition to any other remedies available under law. (f)

(1) A covered tenant may raise a violation of this

section as an affirmative defense in any action for unlawful detainer.

(2) The affirmative defense created by this subdivision shall not apply to any unlawful detainer action other than an action based on the nonpayment of rent or nonrent fees. (

g) On or before January 1, 2028, the Judicial Council shall adopt or modify forms as needed to implement this section.