Protecting Your Rights Against Rent Gouging After the LA Fires (or During any Declared State of Emergency or Local Emergency)  

The Los Angeles wildfires have caused profound hardship and heartache for countless individuals and families. At Tenant Law Group, our hearts go out to everyone impacted by this devastating tragedy. 

The aftermath of devastating events like the LA Fires can leave communities reeling, and unfortunately, some landlords take advantage of these emergencies by inflating rents. This exploitative practice, known as rent gouging, adds unnecessary stress to those already grappling with the loss and disruption caused by wildfires. At Tenant Law Group, we believe every tenant deserves fair treatment, especially during such challenging times. Here’s what you need to know about rent gouging and how you can protect your rights. 

What is Rent Gouging? 

California Penal Code Section 396 prohibits landlords from exploiting tenants by significantly raising rents during a declared state of emergency. Whether you’re already renting or looking for new housing, this law ensures that landlords cannot unfairly increase rental prices. 

Here’s how the law works: 

  • Occupied Units:
    If you’re currently renting a unit, your landlord cannot increase your rent by more than 10% of what you were paying before the emergency declaration. 
  • Units Offered for Rent Before the Emergency:
    Landlords cannot raise the advertised or listed rental price of a unit by more than 10% if the unit was offered for rent immediately before the emergency declaration or within the past year. 
  • Newly Rented Units:
    For units not previously rented or advertised in the 365 days before the emergency, landlords cannot charge more than 160% of the HUD Fair Market Rent (FMR) for the area. 

These protections typically last for 30 days after the emergency declaration but may be extended for up to a year if the emergency continues. 

Exceptions to the Law 

In some cases, landlords may exceed these limits if they can provide documentation showing that the rent increase is directly tied to significant repair or improvement costs due to the emergency. 

Steps to Protect Yourself Against Rent Gouging 

1. Document the Price Change:
Start by gathering evidence of the rent before and after the emergency. Save screenshots of listings, emails, or any other documentation that shows the price increase.

2. Secure Housing if Necessary:
If you need a safe place to live, you may need to move in at the higher rent temporarily. By signing the lease, you can document the gouged rent while ensuring your housing needs are met during this critical time.

3. Request a Rent Reduction:
Contact your landlord and request that they lower the rent to comply with the law. Present your evidence and refer to California Penal Code Section 396.

4. Report the Violation:
If your landlord refuses to comply, report the suspected gouging:

  • California Attorney General’s Office: File a complaint online at oag.ca.gov/report or call the Consumer Protection hotline. 
  • Local Law Enforcement: Contact your city’s police department or district attorney’s office to file a report. Many jurisdictions have hotlines specifically for price gouging. 
  • Local Housing Authorities: Reach out to your city’s housing department, which may investigate the complaint. 

5. File in Small Claims Court:
If you’ve been overcharged, you can file a claim in small claims court to recover the excess rent. Small claims court allows you to seek up to $12,500 in damages (as of January 2024) without needing an attorney.

6. Consult an Attorney if Needed:
Seeking professional legal advice can be essential when you feel like your rights may be being violated. Tenant Law Group offers affordable advice attorney consultations with experienced tenant rights attorneys who are here to guide you through this process and ensure your rights are protected.

How Tenant Law Group Can Help 

At Tenant Law Group, we understand the hardships tenants face in the aftermath of emergencies like the LA Fires. Rent gouging during these times is not only illegal but deeply unfair, and we are committed to holding unscrupulous landlords accountable. 

If you believe your rights have been violated or suspect rent gouging, don’t hesitate to reach out. Visit TenantLawGroupSF.com/Get-Started to fill out our intake form and see how we can assist you. 

You’ve already endured enough. Let us help you navigate these challenges and ensure that you have the safe, affordable housing you deserve. Together, we can fight back against unfair practices and protect your rights during this difficult time.