How SB 1365 changes current law

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends 1 section(s) of the California codes: Section 396 of the Penal Code.

• Section 396 of the Penal Code

  However, a greater price increase is not unlawful if that goods, or If However, a greater price increase is not unlawful that goods, or However, a greater price increase is not unlawful A rental price increase greater than the amount in paragraph (1) is not unlawful However, a greater price increase is not unlawful that goods, or If However, a greater price increase is not unlawful that goods, or hotel However, a greater price increase is not unlawful However, a greater rental price increase is not unlawful if that 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 percent or that an increase was contractually agreed to by the tenant prior to the proclamation or declaration. It shall not be a defense to a prosecution under this subdivision that an increase in rental price was based on the length of the rental term, the inclusion of additional goods or services, except as provided in paragraph (11) of subdivision (j) with respect to furniture, or that the rent was offered by, or paid by, an insurance company, or other third party, on behalf of a tenant. This subdivision does not authorize a landlord to charge a price greater than the amount authorized by a local rent control ordinance. any Contractors’ housing with an initial lease term of no longer than one year, SEC. 2. → (1) (2) (A) It is an affirmative defense to a charge of price gouging pursuant to this subdivision if either of the following: (i) That goods. (ii) That the increase in price was (B) If (1) (2) It is an affirmative defense to a charge of price gouging pursuant to this subdivision either of the following: (A) That goods. (B) That the increase in price was (1) (2) It is an affirmative defense to a charge of price gouging pursuant to this subdivision It is an affirmative defense to a charge of price gouging pursuant to this subdivision SEC. 1.5. Section 396 of the Penal Code is amended to read: war, (1) (2) (A) It is an affirmative defense to a charge of price gouging pursuant to this subdivision either of the following: (i) That goods. (ii) That the increase in price was (B) If (1) (2) It is an affirmative defense to a charge of price gouging pursuant to this subdivision either of the following: (A) That goods. (B) That the increase in price was (1) hotel’s (2) It is an affirmative defense to a charge of price gouging pursuant to this subdivision (1) (2) It is an affirmative defense to a charge of price gouging pursuant to this subdivision if that person can prove either of the following:(A) That an increase was contractually agreed to by the tenant prior to the proclamation or declaration.(B) That the 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 of the following is true:(i) The housing was rented, advertised for rent, or offered for rent at the time the costs were incurred.(ii) That person can prove that within a year before the proclamation or declaration, the intent to offer the housing for rent within six months of the repair or addition already existed.(3) It shall not be a defense to a prosecution under this subdivision that an increase in rental price was based on the length of the rental term, the inclusion of additional goods or services, except as provided in paragraph (11) of subdivision (j) with respect to furniture, or that the rent was offered by, or paid by, an insurance company, or other third party, on behalf of a tenant. This subdivision does not authorize a landlord to charge a price greater than the amount authorized by a local rent control ordinance. a war, Contractors housing, 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, shall be subject to a rental price that is one-thirtieth of the rental price described in subparagraph (B). (13) “War” means any of the following:(A) A time during which Congress has declared war and peace has not been formally restored.(B) A time during which the United States is engaged in active military operations against any foreign state, whether or not war has been formally declared.(C) A time during which the United States is assisting the United Nations, in actions involving the use of armed force, to maintain or restore international peace and security.(D) The prohibitions and associated penalties, pursuant to a proclamation or declaration of a state of emergency for war, shall apply only upon the proclamation or declaration by the President of the United States or the Governor and shall apply only for the essential consumer goods or services for which the Attorney General issues a written opinion, consistent with Section 12519 of the Government Code, finding a sufficient nexus between the war at issue and increases in the prices of those goods or services. The prohibitions and associated penalties shall apply only for a period of 30 days following the proclamation or declaration but may be extended for additional periods of 30 days, if deemed necessary. An extension also may authorize specified price increases that exceed the amount that would be perm

  amended