With some Los Angeles-area landlords jacking up rental listing prices by 50% or more as historic wildfires rage, housing advocates in the nation’s second-largest city are calling for an immediate eviction moratorium and rent freeze.

As California authorities have noted in recent days, state Penal Code Section 396 prohibits taking “unfair advantage” of consumers during times of emergency or disaster. Landlords cannot raise rent by more than 10% of the price immediately prior to the emergency. Democratic California Gov. Gavin Newsom declared a state of emergency last Tuesday.

“If you’re a renter who has been impacted by the fires, remember that you have rights!”

“It’s called price gouging,” California Attorney General Rob Bonta, also a Democrat, said during a Saturday news conference. “It is illegal. You cannot do it. It is a crime punishable by up to a year in jail and fines.”

That isn’t stopping some landlords from trying to profit from the deadly wildfires. Tenant rights advocate Chelsea Kirk—the director of policy and advocacy at the L.A.-based Strategic Actions for a Just Economy—has created an open database of more than 100 Zillow listings in which landlords have raised asking prices for rents by more than the legal limit, and in some cases by over 50 or even 75% or more.

Activists said there are two related things officials can do right now to mitigate the disaster’s impact on renters.

“We need a rent freeze and eviction moratorium,” the anti-capitalist collective People’s City Council—Los Angeles said on social media.

NOlympics LA said, “L.A. City Council needs to implement a rent freeze NOW.”

“Price gouging in the wake of disaster is unacceptable, this is simple and could be done immediately but will L.A. leaders even propose it?” the group added. “We need an eviction moratorium to stop landlords [from] evicting people to cash in on crisis.”

Temporary eviction moratoriums and rent freezes were implemented at the national, state, and local level during the Covid-19 pandemic. While California’s moratorium did not protect everyone from eviction, with thousands of renters removed from their homes under various exceptions, evictions plummeted thanks to the policy. However, by 2023 eviction rates had returned to—or surpassed—pre-pandemic levels.

The L.A. Tenants Union noted that “in the midst of all this destruction, eviction courts are still churning.”

“The 6th floor of the downtown courthouse is packed today,” the group added. “We demand an emergency eviction moratorium and a rent freeze.”

With thousands of Los Angeles area families now unhoused due to the fires, desperate victims are vulnerable to these unscrupulous landlords and real estate agents. Kirk wants them to know—and exercise—their rights.

“Because California is currently under an emergency declaration, rental price gouging is illegal,” she told Common Dreams. “If you see a rental listing with a significant price increase—such as more than 10% over the pre-emergency price—you should report it to the attorney general’s office immediately, and confront the landlord or agent about it, if you feel comfortable doing so.”

Kirk continued:

That said, I recognize this is an incredibly vulnerable time, especially for people who have lost their homes and are urgently trying to secure housing. Confronting a landlord may feel risky and might compromise your chances of getting the place. But it’s crucial to remember you have rights, even if you’ve already signed a lease. If you realize after signing that the landlord engaged in price gouging, don’t hesitate to push back. There are groups actively working to ensure these laws are enforced and to support tenants in these situations.

Bonta offered similar advice: “If you know someone who’s been a victim of price gauging please report it.”

As for the landlords and agents trying to capitalize on disaster victims, Kirk said that “their actions are not only illegal but profoundly shameful.”

“The community sees what they are doing, and we will hold them accountable,” she told Common Dreams. “While I do not have much faith that officials will penalize landlords, we—the tenants and community organizers—will not sit idly by. We will take action, whether through organizing, direct action, or other means, to expose and stop these exploitative practices. Renters deserve to be treated with dignity, especially during times of crisis.”

Bonta noted how new technology is being utilized to determine prices, and it’s not just landlords and their agents using it.

“Some of our hotels and some of our landlords use algorithms based on demand and supply to set their prices,” the attorney general said. “If those prices lead to prices higher than before the emergency by 10% that’s against the law.”

“If you’re a mom and pop and you’re not aware of these laws now you are aware,” Bonta added. “Ignorance is not an excuse.”

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