Close to Home: Confronting post-fire price gouging and other housing concerns

Our region has suffered monumental tragedy since the wildfire siege began late Oct. 8. In the face of this tragedy, North Bay counties have responded with unprecedented generosity and decisive cooperation. Nevertheless, with a vacancy rate of 2 percent, housing stock was already in short supply in Sonoma County, and we now face the destruction of thousands of homes and businesses across our four-county region. We must all do what we can to act with compassion and offer service to those who have lost their homes, their livelihoods and loved ones.

Regrettably, we are already hearing reports from residents being overcharged for products and services. We urge everyone to remain vigilant and report price gouging. This week, California Attorney General Xavier Becerra, alongside district attorneys in Sonoma and Napa counties, issued alerts detailing the features of price gouging and committing to investigating allegations with the utmost seriousness.

From the president to the Santa Rosa City Council, each level of government has declared states of emergency in California. The state and federal declarations have triggered special protections under California Penal Code Section 396 that prohibit raising the price of consumer goods and services by more than 10 percent. To ensure consumer protection throughout the disaster and recovery effort, these restrictions are enforced statewide during and after the crisis, not just in the county or city in which the disaster is taking place.

Section 396 applies to individuals and businesses and covers major necessities, including hotels and other types of lodging, rental housing, food and drink for people and animals, emergency and medical supplies, construction tools, transportation, storage, gasoline, repair and reconstruction services - and more.

The statute generally applies for 30 days after the emergency declaration. For reconstruction services and emergency cleanup, it applies for 180 days after the declaration. Local officials can extend the 30-day period up to 180 days in 30-day increments.

Violators are subject to criminal prosecution that can result in a one-year imprisonment in county jail and/or a fine of up to $10,000. Violators are also subject to civil enforcement actions, including civil penalties of up to $5,000 per violation, injunctive relief and mandatory restitution.

We urge everyone to educate themselves and others about the anti-price gouging statute and to combat exploitation during this disaster by reporting suspected cases to local and state officials.

As we endeavor toward repopulation and rehousing, we implore the cities and counties of Sonoma, Napa and Mendocino to renew their commitment to housing. Residents are in crisis, and we must make unrivaled strides to expedite permitting and rebuilding, and in our ability to provide temporary and permanent shelter throughout the North Bay counties.

Diana Gorsiski is president of the North Bay Association of Realtors. Tracy Houtari is chief executive officer.