State Legislation Could Pause Certain Eviction Proceedings Tied to Immigration Enforcement
May 6, 2026 | San Diego, CA
A newly introduced state bill, SB 1243 — the Tenant Protections for Immigrant Families Act of 2026, authored by Maria Elena Durazo is drawing significant attention from housing providers and real estate professionals across California.
If enacted, the legislation would prohibit housing providers from initiating or continuing certain unlawful detainer (eviction) actions when a tenant’s inability to pay rent is tied to “immigration enforcement activities.” The bill would remain in effect through January 1, 2030.
What the Bill Proposes
Under SB 1243:
Eviction proceedings could be paused during immigration enforcement activity and for up to 180 days afterward
Tenants would be required to submit a signed declaration of hardship under penalty of perjury
Courts may be required to stay ongoing eviction cases
Housing providers would be prohibited from charging:
Late fees
Interest
Other penalties related to unpaid rent during the covered period
The bill broadly defines immigration enforcement activities to include raids, detentions, arrests, removals, or investigations that impact a person’s ability to work or remain in the United States.
Industry Response and Concerns
The California Apartment Association (CAA), along with a coalition of business organizations, has formally opposed the measure. Opponents argue that the legislation could:
Shift financial burdens onto housing providers, particularly small property owners
Result in extended periods without rental income, potentially exceeding six months
Create challenges around verification and enforcement of hardship claims
Lead to unintended consequences impacting housing availability
The coalition also emphasized the need for balanced policy solutions that do not place disproportionate responsibility on private housing providers for broader federal immigration-related impacts.
SDAR Position: OPPOSE
The San Diego Association of REALTORS® (SDAR) is actively monitoring SB 1243 as part of its ongoing advocacy efforts to protect housing stability, private property rights, and a fair, balanced rental housing market.
“While we recognize the importance of supporting families facing hardship, policies must also ensure that housing providers are not placed in untenable financial positions,” said Karen Van Ness, 2026 President of SDAR. “Sustainable housing policy requires balance, accountability, and shared responsibility.”
What Happens Next
SB 1243 is currently under consideration in the California Legislature. A similar proposal previously considered by the County of Los Angeles did not advance.
SDAR encourages members and stakeholders to stay informed and engaged as this legislation progresses. Updates will be shared through SDAR’s advocacy channels, including REALTORS® in the Know and legislative alerts. Members are also encouraged to follow legislative developments and participate in advocacy efforts to ensure that policies reflect the needs of both housing providers and tenants across California.
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