Governor Declares El Nino State of Emergency. Rent Caps & Evictions Not Affected at this Time.
September 21, 2026 - California Governor Gavin Newsom declared today a preemptive State of Emergency for California in anticipation of and preparation for the possibility of severe El Nino storm conditions this winter. The statewide declaration directs state agencies to accelerate preparedness and coordinate with local governments for potential severe-weather impacts. This includes pre-positioning flood-response equipment, expediting certain emergency permits and infrastructure work, preparing for utility disruptions, and coordinating emergency response resources.
What does this mean for rental housing providers right now?
Although a statewide emergency has been declared, the proclamation suspends the rental-housing-specific operating restrictions under Penal Code §396 that automatically trigger upon declared states of emergency. As such, rental housing providers are not subject to prohibitions on rent increases, vacancy decontrol, or evictions beyond those already established under the Tenant Protection Act of 2019 (AB 1482) - at this time.
What could come later?
The proclamation anticipates potentially significant impacts during the 2026–2027 wet season. Depending on local conditions, rental properties could experience flooding, water intrusion, property damage, access problems, utility interruptions, evacuations or other disruptions requiring rapid response. Properties in coastal, flood-prone or recently burned areas may face elevated risks.
The state is also directing agencies to assess whether additional emergency actions or temporary regulatory suspensions may be necessary. A joint recommendation regarding further action is due to the Governor by October 16, 2026.
Rental housing providers should therefore use this period to review emergency plans, vendor availability, insurance coverage, resident communications and property-specific vulnerabilities—and monitor additional guidance from state and local authorities as the winter season approaches.
For rental housing operators, however, the declaration is an important signal to review emergency preparedness before significant storms arrive. Properties should be evaluated for drainage and flooding vulnerabilities, roof and building-envelope conditions, storm drains and gutters, sump pumps, landscaping and trees, emergency lighting, generators where applicable, and procedures for communicating with residents during an emergency.
AAOC will provide members with additional information as it becomes available. If you have questions, please e-mail or call (714) 245-9500.