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- Written by: Elizabeth Larson
This legislation would give SBA and the U.S. Department of Agriculture’s Farm Service Agency more flexibility in setting the terms and conditions of disaster loans to businesses vital to recovery such as debris removal, gasoline supply, and telecommunications.
It would also authorize SBA to make grants to small business development centers to provide technical assistance to small businesses after a disaster, and encourage SBA to use local district offices to expedite the processing of disaster loan applications.
“The fires that have torn through Northern California have burned 200 businesses to the ground, devastating not only business owners and employees, but the people who count on their services,” Rep. Thompson said. “Today, we’re putting forth the bipartisan Small Business Disaster Relief Act to improve the way the Small Business Administration delivers vital relief aid to businesses that have been impacted by wildfires, hurricanes, and other natural disasters. By helping local businesses restart critical services in disaster-struck areas, we can speed up the overall recovery and rebuilding efforts in these communities.”
“South Florida small businesses are still feeling the impacts of Hurricane Irma and we must continue to work arduously to help them recover,” Rep. Ros-Lehtinen said. “I cosponsored the Small Business Disaster Relief Act with my colleague, Mike, in order to expedite loans to small businesses that need financial help. Allowing for greater flexibility regarding these loans will assist those whose businesses are their livelihoods and incentivize job creation in our community as those impacted get back on their financial feet.”
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Jones issued the notice in the wake of the devastating fires that tore through Northern and Southern California damaging and destroying thousands of homes, business, vehicles, and equipment, and the resulting need for residents to begin the long road to recovery and rebuilding,
Public adjusters do not work for insurance companies but rather directly for policyholders who hire the adjuster for a fee to work to settle their insurance claim.
Public adjusters' fees are paid by the policyholder and are typically a percentage of the settled claim, which means it comes out of the funds used to recover from the loss.
"When people experience such devastating losses the emotional need is to return to normal, which leaves many people vulnerable," said Jones. "We strongly suggest people take their time when considering a contract for a public adjuster or hiring a contractor. It is difficult to make business decisions when you are most vulnerable emotionally."
The Department of Insurance urges consumers to begin the claims process by contacting their insurance company or agent.
If consumers have questions or concerns about their claim, what their insurer is telling them, or settlement offers, the department's consumer services team can assist and there is no charge for that assistance.
Policyholders are not restricted from contacting public adjusters directly. If a policyholder is considering hiring a public adjuster, the department also urges consumers to check the adjuster's license and make sure they are properly licensed and in good standing.
The law limits how and when public adjusters may solicit business after a disaster like the fires that burned across the state this month.
For example, public adjusters are prohibited from soliciting business from fire victims until seven days after the conclusion of the loss-producing event, in this case, after the evacuation order was lifted.
California law also limits how and when public adjusters may contact consumers, how they are compensated, and what they are required to have in their contracts for service.
In 2016, the department sponsored and Gov. Jerry Brown signed SB 488, which ushered in new reforms and limitations on public adjusters.
Many of those reforms were the direct result of consumer complaints and criminal investigations conducted into alleged wrongdoing by public adjusters.
Questions regarding this notice should be directed to the Department of Insurance Licensing Hotline at 800-967-9331.
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California Real Estate Commissioner Wayne Bell said the practice is illegal in counties where a state of emergency has been proclaimed.
“The people who have suffered losses due to the horrific fires should never have to suffer further from rent price gouging,” Bell said.
CalBRE will be conducting an investigation as it has been informed that one or more real estate licensees may be involved in unlawful “price gouging” with respect to the rental of residential real property in one or more counties devastated by the recent wildfires and where a state of emergency has been declared.
California law states that upon and after the declaration of a state of emergency, including one resulting from fire, those persons who rent or lease, or offer to rent or lease, rental housing – for a term of less than one year – at a rate more than 10 percent above the rate immediately prior to the onset of the state of emergency, are committing a misdemeanor and engaged in an unlawful business practice.
A greater price increase may be lawful, but only upon the offer of certain required proof from the service or goods provider.
The law on price gouging or taking unfair advantage of consumers also applies to hotel and motel rates, and to consumer food items and other goods and services.
Price gouging is a violation of the law and is punishable by imprisonment or a fine of not more than $10,000, or by both the fine and imprisonment. Unlawful business practice actions can also be brought against licensees who violate the anti-price gouging law.
According to the California Attorney General’s Office, local district attorneys and the Attorney General can enforce this law.
Bell said CalBRE will carefully investigate claims of price gouging by its licensees and will take appropriate disciplinary action.
Bell also warns victims of the recent fires to only work with California licensed real estate agents and contractors.
He noted, “Disasters are too often followed by unlicensed contractors and others who take undue advantage of consumers who are in desperate need of qualified assistance.”
He also said consumers need to ask those who offer their professional services for proof of licensure, or any applicable exemptions, and for their qualifications.”
To file a complaint with CalBRE against a real estate licensee or regarding unlicensed activity, go to the bureau’s website at www.dre.ca.gov. To file a complaint with the Contractors State License Board, visit the board’s Web site at www.cslb.ca.gov.
To view Penal Code 396, which addresses price gouging in disaster zones, go to http://codes.findlaw.com/ca/penal-code/pen-sect-396.html.
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In order to keep them connected to loved ones, U.S. Cellular is providing free WiFi, charging and power packs along with portable chargers at the following U.S. Cellular locations during normal store hours:
- U.S. Cellular, 14896 Olympic Drive, Clearlake;
- U.S. Cellular, New Trend Wireless, 365 Lakeport Blvd., Lakeport;
- U.S. Cellular, 1232 Airport Park Blvd., Ukiah;
- U.S. Cellular, New Trend Wireless, 1393 N State St., Ukiah;
- U.S. Cellular, New Trend Wireless, 1702 S Main St., Willits.
U.S. Cellular is providing power packs and chargers at the following locations:
- Ukiah High School at 1000 Low Gap Road;
- Willits Library, 390 E Commercial St., Willits;
- Willits High School, 299 Main St.
U.S. Cellular is also waiving any overage charges that may apply for impacted postpaid customers who have billing addresses in the affected counties from Oct. 9 to Oct. 15.
Although the wildfires caused network outages in parts of Northern California, U.S. Cellular engineers have been working on restoration efforts. Service is almost fully restored.
U.S. Cellular is committed to helping and serving the communities where we live and work and has donated $5,000 to the local Red Cross efforts. Company officials said their hearts go out to those impacted.