CA SB 1365
enactedPrice gouging.
California · 2025-2026 Regular Session · upper
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Quick answers
Did CA SB 1365 pass?
Yes. CA SB 1365 has been enacted into law. Latest recorded action (2026-09-30): Chaptered by Secretary of State. Chapter 1028, Statutes of 2026.
What is CA SB 1365 about?
Under existing law, upon the proclamation of a state of emergency by the President of the United States or the Governor, or upon the declaration of a local emergency by the executive officer of any county, city, or city and county, and for 30 days following the proclamation or declaration of emergency, it is price gouging, a misdemeanor, for any person, business, or other entity, to increase the rental price advertised, offered, or charged for housing, to an existing or prospective tenant, by more than 10%. Existing law exempts an increase from these provisions if the person can prove that the increase is directly attributable to additional costs for repairs or additions beyond normal maintenance that were amortized over the rental term that caused the rent to be increased greater than 10%. This bill would instead make it an affirmative defense to charge of price gouging pursuant to that provision if an increase was directly attributable to additional costs for repairs or additions beyond normal maintenance incurred within the year prior to the proclamation or declaration and either the housing was rented, advertised for rent, or offered for rent at the time the costs were incurred or the person can prove that within a year before the proclamation or declaration, the intent to offer the housing for rent within 6 months of the repair or addition already existed. Existing law also makes the imposition of various other price increases upon the proclamation of a state of emergency by the President of the United States or the Governor, or upon the declaration of a local emergency by the executive officer of any county, city, or city and county, and for 30 days following the proclamation or declaration of emergency, price gouging. Existing law exempts certain price increases from these provisions. This bill would instead frame those exemptions as affirmative defenses. Existing law defines housing for these purposes as any rental housing with an initial lease term of no longer than one year. This bill would expand the definition of "housing" to include any rental housing without regard to the length of the initial lease term. Existing law defines the rental price of housing advertised, offered, or charged at a daily rate at the time of the proclamation or declaration of emergency that is advertised, offered, or charged on a periodic lease agreement after the declaration or proclamation of emergency as being 160% of the fair market rent established by the United States Department of Housing and Urban Development, which may be increased by 5% if the housing is offered for rent fully furnished. This bill would define the rental price of housing advertised, offered, or charged at a daily rate following a declaration or proclamation of emergency, but that was not advertised, offered, or charged at a daily rate in the year prior to the declaration or proclamation of emergency as being 130 of the amount above. This bill would incorporate additional changes to Section 396 of the Penal Code proposed by SB 493 to be operative only if this bill and SB 493 are enacted and this bill is enacted last. By expanding the scope of a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors CA SB 1365?
Allen is the primary sponsor of CA SB 1365, joined by 1 cosponsor.
Description
Under existing law, upon the proclamation of a state of emergency by the President of the United States or the Governor, or upon the declaration of a local emergency by the executive officer of any county, city, or city and county, and for 30 days following the proclamation or declaration of emergency, it is price gouging, a misdemeanor, for any person, business, or other entity, to increase the rental price advertised, offered, or charged for housing, to an existing or prospective tenant, by more than 10%. Existing law exempts an increase from these provisions if the person can prove that the increase is directly attributable to additional costs for repairs or additions beyond normal maintenance that were amortized over the rental term that caused the rent to be increased greater than 10%. This bill would instead make it an affirmative defense to charge of price gouging pursuant to that provision if an increase was directly attributable to additional costs for repairs or additions beyond normal maintenance incurred within the year prior to the proclamation or declaration and either the housing was rented, advertised for rent, or offered for rent at the time the costs were incurred or the person can prove that within a year before the proclamation or declaration, the intent to offer the housing for rent within 6 months of the repair or addition already existed. Existing law also makes the imposition of various other price increases upon the proclamation of a state of emergency by the President of the United States or the Governor, or upon the declaration of a local emergency by the executive officer of any county, city, or city and county, and for 30 days following the proclamation or declaration of emergency, price gouging. Existing law exempts certain price increases from these provisions. This bill would instead frame those exemptions as affirmative defenses. Existing law defines housing for these purposes as any rental housing with an initial lease term of no longer than one year. This bill would expand the definition of "housing" to include any rental housing without regard to the length of the initial lease term. Existing law defines the rental price of housing advertised, offered, or charged at a daily rate at the time of the proclamation or declaration of emergency that is advertised, offered, or charged on a periodic lease agreement after the declaration or proclamation of emergency as being 160% of the fair market rent established by the United States Department of Housing and Urban Development, which may be increased by 5% if the housing is offered for rent fully furnished. This bill would define the rental price of housing advertised, offered, or charged at a daily rate following a declaration or proclamation of emergency, but that was not advertised, offered, or charged at a daily rate in the year prior to the declaration or proclamation of emergency as being 130 of the amount above. This bill would incorporate additional changes to Section 396 of the Penal Code proposed by SB 493 to be operative only if this bill and SB 493 are enacted and this bill is enacted last. By expanding the scope of a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
- Introduced
- 2026-02-20
- Latest action
- 2026-09-30 — Chaptered by Secretary of State. Chapter 1028, Statutes of 2026.
- Bill type
- bill
- Last updated
- —
Subjects
Sponsors
- Allenauthor
- Kalracoauthor
Committees
Not provided by source.
Action timeline
Newest first
2026-09-30
Chaptered by Secretary of State. Chapter 1028, Statutes of 2026.
became-law
2026-09-30
Approved by the Governor.
executive-signature
2026-09-10
Enrolled and presented to the Governor at 4 p.m.
executive-receipt
2026-08-31
Read third time. Passed. Ordered to the Senate.
2026-08-31
In Senate. Concurrence in Assembly amendments pending.
2026-08-31
Assembly amendments concurred in. (Ayes 27. Noes 10.) Ordered to engrossing and enrolling.
2026-08-31
Read third time. Passed. (Ayes 48. Noes 19. Page 7007.) Ordered to the Senate.
passage,reading-1,reading-3
2026-08-20
Read third time and amended.
2026-08-20
Ordered to third reading.
2026-08-17
Read second time. Ordered to third reading.
2026-08-13
Assembly Rule 63 suspended.
2026-08-13
From committee: Do pass as amended. (Ayes 11. Noes 3.) (August 13).
2026-08-13
Read second time and amended. Ordered to second reading.
2026-08-05
August 5 set for first hearing. Placed on suspense file.
2026-07-01
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 30). Re-referred to Com. on APPR.
committee-passage,committee-passage-favorable,referral-committee
2026-06-16
From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 8. Noes 3.) (June 16). Re-referred to Com. on PUB. S.
committee-passage,committee-passage-favorable,referral-committee
2026-06-16
Coauthors revised.
2026-06-04
Referred to Coms. on JUD. and PUB. S.
referral-committee
2026-05-27
In Assembly. Read first time. Held at Desk.
reading-1
2026-05-27
Read third time. Passed. (Ayes 29. Noes 9. Page 4502.) Ordered to the Assembly.
passage,reading-1,reading-3
2026-05-19
Read second time. Ordered to third reading.
reading-1,reading-2,reading-3
2026-05-18
Read second time and amended. Ordered to second reading.
amendment-passage,reading-1,reading-2
2026-05-18
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 4274.) (May 14).
amendment-passage,committee-passage,committee-passage-favorable
2026-05-08
Set for hearing May 14.
2026-05-04
May 4 hearing: Placed on APPR. suspense file.
2026-04-24
Set for hearing May 4.
2026-04-22
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 3984.) (April 21). Re-referred to Com. on APPR.
committee-passage,committee-passage-favorable,referral-committee
2026-04-10
Set for hearing April 21.
2026-04-08
From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 10. Noes 2. Page 3757.) (April 7). Re-referred to Com. on PUB. S.
committee-passage,committee-passage-favorable,referral-committee
2026-03-26
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
amendment-passage,committee-passage,reading-1,reading-2,referral-committee
2026-03-19
Set for hearing April 7.
2026-03-04
Referred to Coms. on JUD. and PUB. S.
referral-committee
2026-02-23
Read first time.
reading-1
2026-02-23
From printer. May be acted upon on or after March 23.
2026-02-20
Introduced. To Com. on RLS. for assignment. To print.
introduction,referral-committee
Versions
- 02/20/26 - Introduced — 2026-02-20Compare
- 03/26/26 - Amended Senate — 2026-03-26Compare
- 05/18/26 - Amended Senate — 2026-05-18Compare
- 08/13/26 - Amended Assembly — 2026-08-13Compare
- 08/20/26 - Amended Assembly — 2026-08-20Compare
- 09/08/26 - Enrolled — 2026-09-08Compare
- 09/30/26 - Chaptered — 2026-09-30Compare
- (document, no version)Compare
- SB1365Compare
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Votes
Do pass, but first be re-referred to the Committee on [Public Safety]
2026-04-07 · pass · 10-2
Member-level votes (13)
- Wahab: yes
- Reyes: yes
- Weber Pierson: yes
- Allen: yes
- Caballero: yes
- Stern: yes
- Wiener: yes
- Umberg: yes
- Durazo: yes
- Ashby: yes
- Valladares: no
- Niello: no
- Laird: other
Do pass, but first be re-referred to the Committee on [Appropriations]
2026-04-21 · pass · 5-1
Member-level votes (6)
- Arreguín: yes
- Caballero: yes
- Wiener: yes
- Cortese: yes
- Pérez: yes
- Seyarto: no
Placed on suspense file
2026-05-04 · pass · 7-0
Member-level votes (7)
- Dahle: yes
- Cervantes: yes
- Wahab: yes
- Richardson: yes
- Seyarto: yes
- Cabaldon: yes
- Grayson: yes
Do pass as amended
2026-05-14 · pass · 5-2
Member-level votes (7)
- Wahab: yes
- Cervantes: yes
- Cabaldon: yes
- Richardson: yes
- Grayson: yes
- Dahle: no
- Seyarto: no
3rd Reading
2026-05-27 · pass · 29-9
Member-level votes (40)
- Grayson: yes
- Hurtado: yes
- Limón: yes
- Wahab: yes
- Cortese: yes
- Blakespear: yes
- Cervantes: yes
- Durazo: yes
- Smallwood-Cuevas: yes
- Reyes: yes
- Cabaldon: yes
- Wiener: yes
- Padilla: yes
- Stern: yes
- Caballero: yes
- Umberg: yes
- Archuleta: yes
- Gonzalez: yes
- McGuire: yes
- Pérez: yes
- McNerney: yes
- Weber Pierson: yes
- Richardson: yes
- Arreguín: yes
- Ashby: yes
- Laird: yes
- Menjivar: yes
- Rubio: yes
- Allen: yes
- Ochoa Bogh: no
- Niello: no
- Valladares: no
- Strickland: no
- Choi: no
- Alvarado-Gil: no
- Grove: no
- Seyarto: no
- Jones: no
- Becker: other
- Dahle: other
Do pass and be re-referred to the Committee on [Public Safety]
2026-06-16 · pass · 8-3
Member-level votes (12)
- Zbur: yes
- Kalra: yes
- Connolly: yes
- Harabedian: yes
- Bauer-Kahan: yes
- Stefani: yes
- Bryan: yes
- Papan: yes
- Macedo: no
- Dixon: no
- Sanchez: no
- Pacheco: other
Do pass and be re-referred to the Committee on [Appropriations]
2026-06-30 · pass · 5-1
Member-level votes (9)
- Mark González: yes
- Sharp-Collins: yes
- Haney: yes
- Harabedian: yes
- Schultz: yes
- Lackey: no
- Alanis: other
- Ramos: other
- Nguyen: other
Related bills
No related bills recorded for this bill.
Official source
Attribution
Data from openstates_api_sync, retrieved 2026-10-03T06:20:23.501086Z
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