01/17/2025
The wildfires that swept through Los Angeles County during the past week have wiped out
communities and destroyed thousands of structures. As Los Angeles grapples with the most
destructive fire in the County’s history, landlords should be aware of their obligations at this time.
Below is a list of some of these obligations along with additional resources available to those
impacted by the fires.
Landlord Obligations
The landlord is typically not required to provide alternative housing accommodations or cover the
cost of hotel expenses for residents required to evacuate their rental units if the losses are due to
the destruction of the premises by wildfires. Moreover, the leases and the tenancies for units that
have been destroyed by the fire are terminated by operation of law as of the date of the
destruction. The landlord needs to make sure the security deposit is accounted for within the 21
day period.
Price Gouging
Governor Newsom issued an emergency declaration on January 7, 2024. As a result, State Penal
Code 396 is now in effect, which prohibits businesses making certain goods or services available
to consumers, including housing, from taking “unfair advantage” of consumers during times of
emergency or disaster.
While a state of emergency remains in effect, landlords are prohibited from raising the rent by more
than 10%. This 10% cap applies to lease renewals for current residents and also applies to new
tenancies. For tenancies subject to local rent control when the unit was rented at the time the state
of emergency was declared but is vacated while the state of emergency remains in effect,
landlords are only allowed to charge the next resident the actual rental price paid by the previous
tenant or 160% of the fair market rent established by HUD, whichever is greater.
While these protections generally apply for 30 days after a declaration of emergency is declared,
they can be extended by additional orders. Emergency declarations issued by the governor can be
tracked via the Office of Emergency Services (OES) website at: https://www.caloes.ca.gov/cal-oesdivisions/legal-affairs/price-gouging.
As a reminder, states of emergency can also be declared by local government officials and the
President of the United States in addition to the governor. Unfortunately, there is no single website
where landlords can find all states of emergency that are in effect. The OES website only tracks
states of emergency declared by the governor.
Protections for Tenants
In a unanimous vote on January 14, 2025, the Los Angeles City Council voted to approve a series
of emergency responses to the past week’s destructive wildfires. They directed the City Attorney to
draft an ordinance that for one year would prevent evictions for having unauthorized occupants or
pets that were “necessitated” by the fires. Once the City Attorney drafts the ordinance, it will come
back to the council for final approval. Tenants would then need to notify their landlord within 30
days after the ordinance takes effect about any unauthorized pet or occupant(s) staying with them
because of the fires.
Some council members are proposing further measures, including banning evictions for
nonpayment of rent in cases where the tenant faces economic or medical hardship as a result of
the fires. Other proposed measures include implementing a rent increase ban for all residential
units through January 31, 2026.
Moratorium on Sheriff Lockouts
Numerous lockouts in Los Angeles County have been placed on hold due to deputies being pulled
to assist with the disaster. As of the date of this alert, some Sheriffs’ Departments have resumed
lockouts and we expect all lockouts will resume by the end of the month. However, rescheduling
many of these lockouts will cause delays.
Assistance for Fire Victims
Federal Assistance
President Biden declared that a major disaster exists in the State of California and ordered federal
aid for victims impacted by the wildfires. Eligible residents can receive assistance which includes
grants for temporary housing and home repairs, low-cost loans to cover uninsured property losses,
and other programs to help individuals and business owners recover from the effects of the
disaster. Residents and business owners who sustained losses in the designated areas can begin
applying for assistance at www.DisasterAssistance.gov or by calling 800-621-FEMA (3362) or by
using the FEMA App.
Tax Relief
Taxpayers in Los Angeles County affected by the wildfires will be granted an extension until
October 15, 2025, to file their 2024 California and Federal tax returns and to make tax payments.
The postponement applies to individuals, businesses, and tax-exempt organizations impacted by
the fires in LA County.
The Red Cross
The Red Cross can provide shelter, food, emotional support, and health services to affected
residents. Assistance can be obtained by calling (800) 675-5799.
Temporary Housing and Assistance
Airbnb is partnering with 211 LA to identify residents impacted by the fires who need temporary
housing and to help connect them to available Airbnb accommodations. These efforts are
specifically focused on residents who have either lost their homes or have been forced to
evacuate due to the fires. Residents can request assistance for temporary housing by visiting
www.Airbnb.org or contacting 211 LA by dialing 2-1-1 or visit www.211LA.org.
State Resources Hub
The state has created a centralized online hub with information and resources for fire victims.
Visit https://www.ca.gov/lafires/ for additional information.
Helping Fire Victims
To help the victims of the wildfires, property owners are being encouraged to list available rental
units for temporary and long-term housing needs to assist fire victims in finding a place to live.
If you have any questions, please contact our Los Angeles office at (800) 577-4587 or
[email protected].
Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial
property owners and managers. This article is for general information purposes only. While KTS provides
clients with information on legislative changes, our courtesy notifications are not meant to be exhaustive and
do not take the place of legislative services or membership in trade associations. Our legal alerts are
provided on selected topics and should not be relied upon as a complete report of all new changes of local,
state, and federal laws affecting property owners and managers. Laws may have changed since this article
was published. Before acting, be sure to receive legal advice from our office. For contact information, please
visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers and Legal Articles, please
consult the resource section of our website.
© 2025 Kimball, Tirey and St. John LLP
Resources for Californians Impacted by 2025 Early January Los Angeles County Fires.
