Unlawful detainer: Tenant Protections for Immigrant Families Act of 2026.

Section 1942.9 (Civil Code) no longer references 'COVID-19 rental debt' or 'declaration of COVID-19-related financial distress.' It now only covers rental debt resulting from detention-related hardship as defined in the new Section 1946.6, effectively decoupling this provision from the pandemic-era framework.

Section 1785.20.4 (Civil Code) removes the reference to 'alleged COVID-19 rental debt as defined in Section 1179.02 of the Code of Civil Procedure.' Housing providers and tenant screening companies can no longer be restricted from using both COVID-19 debt and detention-related hardship debt; only detention-related hardship debt is now covered.

The bill's title description removes the amendment to Section 1161.3 of the Code of Civil Procedure, which was likely redundant since Section 1161 itself is being amended elsewhere in the bill.

A new civil penalty is added: any person who knowingly provides false information in a signed declaration of detention-related hardship to the owner is subject to a civil fine of up to $1,500, in addition to other remedies available to the owner. This creates a deterrent against fraudulently claiming protections.

The bill no longer includes a technical, nonsubstantive amendment to existing provisions that prohibit landlords from terminating or failing to renew a tenancy based on documented abuse or violence against a tenant or household member.

The fiscal committee designation changes from 'no' to 'yes,' indicating the bill now requires fiscal committee review. The state-mandated local program designation changes from 'yes' to 'no,' indicating it no longer imposes state-mandated local programs requiring reimbursement.

The definition of 'detention-related hardship' is narrowed. The new version adds an introductory clause requiring that the hardship result from 'the loss of income or financial support by the tenant or household member due to detention, arrest, or ordered removal of a tenant or household member by any federal law enforcement agency.' Previously, the definition covered broader impacts from immigration enforcement activities generally, including increased raid presence and workplace closures in response to enforcement.

A new 90-day payment obligation is added: within 90 days after the end of the detention-related hardship, the tenant must either pay all past due rent or enter into a mutually agreed upon payment plan with the owner. This creates a concrete financial deadline that did not exist in the prior version.

The declaration of detention-related hardship no longer needs to be signed under penalty of perjury. The prior version explicitly required this; the new version simply requires a 'signed declaration' without the perjury language, lowering the formal threshold for tenants but also reducing the deterrent against false claims.

The documentation options for obtaining a court stay are expanded. In addition to third-party documentation or other reasonable verification, a signed declaration of detention-related hardship alone is now listed as an acceptable form of documentation for the court stay.

A new evidentiary hearing mechanism is added: if a tenant raises detention-related hardship as an affirmative defense, the landlord may request an evidentiary hearing at which the tenant must prove by a preponderance of the evidence that they have a detention-related hardship. This gives landlords a procedural tool to challenge the tenant's claim in court.

The court stay provision is modified to include a minimum duration: the stay must last 'no sooner than 90 days after the tenant or household member's detention-related hardship ends,' while still capping at 180 days. The prior version had no explicit minimum stay period.

The Judicial Council deadline for reviewing and updating court forms is extended from January 1, 2027 to January 1, 2028.

The bill's fiscal classification changes: 'State-mandated local program' is changed from 'yes' to 'no,' and the paragraph explaining that no state reimbursement is required for local agencies is removed entirely. This affects how the bill's costs are allocated between state and local governments.

Legislative findings statistics are updated: arrests in Southern California increased from 10,000 to 33,000, and national detention numbers increased from 70,000 to 131,000. A typo is also corrected in the agency acronym reference.

The bill's scope expanded from amending only Section 1161.3 of the Code of Civil Procedure (domestic violence eviction protections) to also adding new Civil Code sections (1946.6), amending existing Civil Code sections (1942.9, 1785.20.4), and amending Code of Civil Procedure Section 1161 (3-day notice requirements).

All unlawful detainer actions under this section must remain sealed and masked pursuant to Section 1161.2 of the Code of Civil Procedure, protecting tenant privacy in court records.

Section 1942.9 of the Civil Code was amended to extend protections against late fees and service reductions from covering only COVID-19 rental debt to also cover debt as a result of detention-related hardship.

Section 1785.20.4 of the Civil Code was amended to prohibit housing providers and tenant screening companies from using debt resulting from detention-related hardship (in addition to COVID-19 rental debt) as a negative factor in evaluating prospective housing applications.

New definitions added: 'covered tenant' (a person in California whose income is impacted by immigration enforcement activities), 'detention-related hardship' (loss of income, increased costs, workplace closure, childcare costs due to immigration enforcement), 'immigration enforcement activities' (any federal immigration law enforcement including detention of US citizens), 'covered time period' (180 days after conclusion of the enforcement activities), and 'household member.'

New eviction moratorium: owners are prohibited from initiating or continuing unlawful detainer actions to evict a covered tenant for nonpayment of rent during the covered time period. A court must stay a pending unlawful detainer if the tenant provides a declaration of detention-related hardship and documentation verifying the hardship prevented payment.

Tenants must submit a declaration of detention-related hardship signed under penalty of perjury within 15 days (excluding weekends and holidays) of receiving a 3-day notice to pay or quit. The declaration must specify which categories of hardship apply and state that public assistance received does not fully make up for the loss.

New landlord prohibitions: cannot charge late fees, interest, or penalties related to nonpayment by a covered tenant during the covered period; cannot disclose or threaten to disclose a tenant's immigration status for harassment or retaliation; cannot threaten to disclose immigration status to influence a tenant to vacate; cannot ask about a tenant's or household member's citizenship or immigration status.

Section 1161 of the Code of Civil Procedure was amended to require that 3-day notices to pay or quit include a specific statement (in at least 12-point font) advising tenants they cannot be evicted for failure to comply if they deliver a signed declaration of detention-related hardship within 15 days. The notice must direct tenants to lawhelpca.org for legal resources.

New enforcement provisions: violations render any written lease termination void; owners who attempt to recover possession in violation are liable for actual damages, attorneys fees, and up to treble damages plus punitive damages for willful or oppressive conduct; the Attorney General and local prosecutors may seek injunctive relief; any waiver of rights is void as contrary to public policy.

All new provisions sunset on January 1, 2030. The Judicial Council is required to develop conforming court forms by January 1, 2027.

Extensive legislative findings (Section 1) were added documenting ICE raids since June 6, 2025, citing over 10,000 arrests in Southern California, a 62 percent drop in Los Angeles County immigrant renters' weekly earnings, and 91 percent of income spent on rent post-raids.

The fiscal note changed from 'no' to 'yes' for both the fiscal committee review and state-mandated local program designation, indicating the amendment creates state-mandated costs for local agencies.