California El Niño Emergency 2026: Does the 10% Emergency Rent Cap Apply?

The short answer

California proclaimed a statewide state of emergency on September 21, 2026 because of the developing 2026–2027 El Niño event. Ordinarily, an emergency declaration can trigger California Penal Code section 396 price-gouging restrictions, including special limits involving rental housing.

But this specific proclamation says the restrictions in Penal Code section 396 that would otherwise be automatically triggered are suspended and that no such restrictions are imposed for this El Niño event at this time. That means landlords and renters should not assume the statewide El Niño proclamation itself currently creates a new 10% emergency-rent cap.

Why people are asking about a 10% emergency rent limit

California's Attorney General explains that Penal Code section 396 generally restricts rental-housing price increases by more than 10% after a qualifying emergency declaration, subject to statutory rules and exceptions. That emergency rule is separate from ordinary rent-control laws such as the Tenant Protection Act, the City of Los Angeles RSO, or Los Angeles County's RSTPO.

Because emergency proclamations often activate section 396, a new statewide emergency can reasonably cause landlords and tenants to ask whether the 10% rule now applies. The controlling September 21 proclamation answers that question for this particular El Niño declaration by expressly suspending those restrictions at this time.

What the September 21 proclamation actually says

The Governor's proclamation declares a statewide emergency due to the developing 2026–2027 El Niño event and directs agencies to prepare for flooding, coastal flooding, erosion, mud and debris flows, power outages, transportation disruptions and other storm impacts.

Paragraph 18 then states that the restrictions in Penal Code section 396, which are automatically triggered by a state-of-emergency proclamation, are suspended and that no such restrictions are imposed with respect to this El Niño event at this time. That language is why this article does not apply a 10% emergency cap from the El Niño proclamation.

This does not erase other rent limits

Suspending section 396 for this El Niño proclamation does not cancel ordinary state or local rent restrictions. A rental may still be subject to California's Tenant Protection Act, a local rent-stabilization ordinance, a subsidized-housing program, a lease restriction, or another emergency declaration that has its own effect.

For Los Angeles-area properties, determine whether the unit is governed by the City of Los Angeles RSO, unincorporated Los Angeles County RSTPO, another city's ordinance, or the statewide Tenant Protection Act before calculating an increase.

Local emergencies can require a separate check

The Attorney General warns that state and local emergency declarations can create separate price-gouging protections and that some cities and counties have their own rules. The September 21 statewide El Niño proclamation therefore should not be treated as proof that no emergency-rent restriction applies anywhere in California.

Before raising or disputing rent after a storm, flood, wildfire or other emergency, check the exact property location, the relevant state and local proclamations, the dates those protections are in force, and any extension or suspension language.

What landlords should verify before serving a rent increase

Confirm the property's jurisdiction, the ordinary rent-control or Tenant Protection Act coverage, the effective date and percentage of the proposed increase, any active local or separate state emergency protections, and the required notice period. Preserve the lease, rent ledger, prior notices and the official source supporting the rule used.

Do not use the 10% emergency figure as a substitute for a lower ordinary rent cap. Emergency price-gouging law can add a restriction; it does not authorize an increase that another law already prohibits.

What renters should check if an increase is blamed on the emergency

Ask which law or proclamation the landlord is relying on, calculate the percentage change, and check the official proclamation rather than a social-media summary. For the September 21 statewide El Niño emergency, the proclamation currently suspends Penal Code section 396 restrictions for this event.

Because the proclamation uses the phrase 'at this time,' recheck the Governor, California Attorney General and applicable local government sources if a later order changes the status.

Use Max Rental Tools for the ordinary rent-rule workflow

Max Rental Tools can help calculate the proposed percentage, identify the jurisdiction path and organize a rent-increase notice or record. The official proclamation, Penal Code section 396, the Attorney General and controlling local/state housing rules remain the authoritative sources for the legal result.