Yes. When the Governor or a local government declares an emergency, Penal Code § 396 makes it unlawful, for 30 days and any extension, to raise the rent advertised, offered or charged for housing by more than 10% over the rent before the proclamation. For Tropical Storm Rachel, Cal OES lists the rental-housing protections in Imperial, Los Angeles, Orange and San Diego counties through November 14, 2026, unless extended. As of November 13, 2026, no extension had been announced. The cap applies even to homes that are exempt from the AB 1482 rent cap.
What does Penal Code 396 limit during an emergency?
Penal Code § 396(e) makes it unlawful to increase the “rental price” for housing, to an existing or prospective tenant, by more than 10% during the 30 days after a proclamation or declaration, “or any period the proclamation or declaration is extended by the applicable authority.” For a unit rented within the prior year, the rental price is the rent the tenant actually paid. For a unit not rented or offered for rent in the prior year, the baseline is 160% of the HUD fair market rent.
The section also bars evicting a tenant and then renting the unit to someone else at a higher price (§ 396(f)), but it does not stop a lawful eviction (§ 396(m)). A violation is a misdemeanor punishable by up to one year in jail and a fine of up to $10,000 (§ 396(h)), and it is an unfair business practice (§ 396(i)). Section 396(k) also leaves local price-gouging ordinances in place.
Which counties and dates does Tropical Storm Rachel cover?
The Governor proclaimed a state of emergency for Tropical Storm Rachel on October 15, 2026. Cal OES’s price gouging page lists the rental-housing protections under § 396(e) and (f) through November 14, 2026, unless extended. The counties covered are Imperial, Los Angeles, Orange and San Diego. When we checked the Cal OES page on November 13, 2026, it still showed November 14 and no extension had been announced. Under § 396(g), the protections can be extended, so check the Cal OES page and our emergency order tracker before you rely on the end date.
Does the El Niño emergency add another cap?
Not statewide. Paragraph 18 of the Governor’s September 21, 2026 El Niño proclamation suspends the § 396 restrictions for that El Niño event “at this time.” Local declarations are different. San Diego County’s ordinance, County Code § 31.502, caps rent increases at 10% for 30 days after a local proclamation, and the County proclaimed its El Niño emergency on September 30, 2026. The 30 days ran through October 30, 2026, and § 31.502(d) allows extension only by Board of Supervisors resolution. We found no extension as of November 13, 2026. Check the County’s emergency page for any later action.
Which rentals does the cap cover, and what are the exceptions?
Today, § 396(j) defines “housing” as rental housing with an initial lease term of no longer than one year, including a space rented in a mobilehome park or campground. A month-to-month tenancy is generally treated as covered. The cap is separate from AB 1482, so it applies to single-family homes, condos and newer buildings that are exempt under Civ. Code § 1947.12(d). The statute allows a greater increase only in narrow cases, if the landlord can prove either that the tenant contractually agreed to the increase before the proclamation, or that the increase is directly attributable to repairs or additions beyond normal maintenance, with the cost amortized over the rental term. Section 396(e) also says the cap does not authorize a rent above what a local rent-control ordinance allows.
What changes on January 1, 2027?
SB 1365 (Stats. 2026, ch. 1028) changes the definition of “housing” to cover any rental housing, regardless of the initial lease term. It also recasts the existing exceptions as affirmative defenses and limits the repair-cost defense to costs incurred within the year before the proclamation. The bill takes effect on January 1, 2027. It does not change emergencies that are over, and it does not change the current rule for Rachel, which still turns on the initial lease term. See our new laws guide for the full list of 2027 changes.
What should a landlord check before sending a rent increase notice?
- Confirm the county of the property and whether a state or local emergency is active there.
- Find the rent in effect immediately before the proclamation. That is the baseline, not the rent you would like to charge.
- Compare your planned increase with both the AB 1482 cap and the 10% emergency cap, and use the lower figure. Our Maximum Rent Increase Wizard does this by ZIP code and date.
- If the notice would be served during the emergency period for an increase that takes effect after it ends, the statute does not say how it treats the later effective date. The conservative approach is to stay within the cap and to consult an attorney.
- Follow the usual notice period under Civ. Code § 827; see our notices guide.
Frequently asked questions
Does the emergency cap apply to a single-family home that is exempt from AB 1482?
Yes. Penal Code § 396 is separate from AB 1482 and has no exemption for single-family homes or newer buildings. The exemptions in Civil Code § 1947.12(d) do not remove an emergency price cap.
My lease has an initial term longer than one year. Is it covered?
Under the current definition of “housing” in § 396(j), no, because it covers an initial lease term of one year or less. Local ordinances may differ, and SB 1365 removes the limit for emergencies after January 1, 2027. Ask an attorney how this applies to your lease.
Can I still raise the rent after the emergency period ends?
Yes, within the AB 1482 cap, any local rent-control limit and the notice rules. How § 396 treats a notice served during the period for an increase that takes effect later is not addressed in the statute, so check with an attorney first.
How long does an emergency cap last?
Thirty days after the proclamation, plus any extension. Local officials can extend in increments of up to 30 days, and the Governor or Legislature can extend as needed (§ 396(g)).
Which official sources should I read?
- Penal Code § 396 (leginfo)
- SB 1365 (2026), chaptered text
- Cal OES — price gouging protections in place
- Governor’s El Niño proclamation, Sept. 21, 2026
- San Diego County Code § 31.502
- Attorney General — price gouging during disasters
This post is general information about California law as of Nov 13, 2026, and local ordinances may be stricter. Check the linked sources or consult a qualified attorney. Read the disclaimer.
Have a question about your situation, want tips, or need a referral? Email the CLRC team at [email protected]. We share general information, not legal advice, and we’re not a law firm.