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Board introduces ordinance to bar predatory real‑estate practices after declared emergencies
Summary
Supervisors approved introduction of an ordinance to expand Penal Code protections after emergencies, adding prohibitions on certain exploitative behavior and temporary eviction protections; the measure drew strong public support from flood survivors and housing‑justice groups.
The Board of Supervisors voted to introduce an ordinance aimed at protecting residents from predatory real‑estate and consumer practices after a declared emergency. Senior Deputy County Counsel Monica Hall told the board the proposal would close gaps in state law by expanding the application of Penal Code 396 and adding prohibitions and protections for practices the county said emerged after last year’s storms.
“Penal Code 396 currently prohibits excessive and unjustified increases in the prices of essential consumer goods and services under a declared state of emergency or a local emergency,” Hall said during the presentation. The ordinance before the board would broaden that scope to address hoarding, short‑term vacation rentals and care facilities, and would “expand eviction protection to temporarily prohibit residential evictions without just cause” during emergencies, staff told the board.
Supervisor Monica Montgomery Stepp, who brought the board letter returning the proposal, said the measure responds to accounts from residents after January’s floods who received low‑ball buyout offers and in some cases faced unlawful eviction pressure while trying to recover. “We had investors coming in and trying to buy homes for a fifth of what they were worth,” she said. Public commenters included multiple residents, community organizers and local nonprofits who described price gouging, teams of real‑estate investors approaching devastated homeowners and tenants facing unlawful evictions.
Montgomery Stepp moved the ordinance with amendments that included harmonizing local procedures with state law (changing references from five to seven days to match the state ratification period) and adding language to pause eviction enforcement while an emergency provision was in effect unless there was an imminent health or safety threat. Staff said the proposal would pause pending eviction actions and then revive them when the emergency declaration ended.
After public comment and board discussion the motion to introduce the ordinance passed, with Supervisor Joel Anderson voting no and all other supervisors voting aye. Staff noted an errata had been posted earlier that updated proposed language in section 31.503(d)(4) to deem certain notices of termination invalid while section 31.503 is in effect. Counsel and county departments will return with required findings and a final ordinance for adoption.
Why this matters: The ordinance is intended to give the county a tool to curb opportunistic purchases, price gouging and unlawful evictions that residents and nonprofits reported after recent storms. Supporters said it will help protect low‑income homeowners and tenants in future emergencies; opponents questioned enforceability and urged attention to broader housing affordability problems.
