Los Angeles wildfire recovery · Updated October 2026
LA Wildfire Recovery: Smoke Damage Testing, AB 1795 and the January 7, 2027 Deadline
On September 15, 2026, California signed AB 1795, the Smoke Damage Recovery Act, and AB 1642. Together they address lead and asbestos testing in smoke-damaged homes and create state cleanup standards. News reports citing Insurance Code 2071 put the deadline to sue over Palisades and Eaton smoke claims at January 7, 2027.
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What changed
What new wildfire smoke laws did California pass in 2026?
Governor Newsom signed a wildfire recovery package on September 15, 2026. Two bills in it matter most to owners whose homes are still standing after the 2025 Palisades and Eaton fires: AB 1795, called the Smoke Damage Recovery Act, and AB 1642. Both deal with what smoke leaves behind, not with the flames themselves.
| Law | What it does, as reported | Who it mainly affects |
|---|---|---|
| AB 1795 (Smoke Damage Recovery Act) | Requires insurers to pay for lead and asbestos testing and remediation in smoke-damaged homes, and bars ending additional living expense (ALE) payments until the home is safe | Homeowners with smoke claims and their insurers |
| AB 1642 | Creates California’s first state standards for smoke-damage testing and remediation, developed through DTSC and CARB | Testing firms, remediation contractors, insurers and owners relying on their results |
| Insurance Code 2071 (existing law) | Cited in news coverage as the basis for the January 7, 2027 deadline to file smoke-claim lawsuits | Owners who may need to sue over a denied or underpaid claim |
Summaries are based on the Governor’s announcement, a California Department of Insurance consumer alert and news coverage. Read the bill text or ask a lawyer before relying on any detail.
DTSC is the state Department of Toxic Substances Control. CARB is the California Air Resources Board. Their role under AB 1642 is to shape how smoke contamination is measured and cleaned, which is where many insurer disputes have started.
AB 1795
What does AB 1795, the Smoke Damage Recovery Act, mean for my claim?
In plain terms, AB 1795 puts the cost of lead and asbestos testing and cleanup in a smoke-damaged home on the insurer, and it stops an insurer from cutting off your temporary housing money before the home is safe to live in. Those were two of the most common fights in the year after the fires.
Some details are not settled in the sources we rely on. These include exactly when each part takes effect, whether it reaches claims that were already closed or paid, and how “safe” will be decided in practice. Watch for guidance from the California Department of Insurance (CDI), and ask your adjuster in writing how the law is being applied to your file.
- Lead and asbestos: ash from older buildings that burned can carry both. Testing for them is now central to smoke claims.
- ALE: additional living expense pays for a rental or hotel while you’re out. Ask in writing what condition your insurer will treat as “safe.”
- Not mold: the law, as reported, does not address mold. Mold is a separate problem that follows water and vacancy.
The deadline
What is the January 7, 2027 smoke claim deadline?
News coverage of a Pacific Palisades smoke-damage lawsuit, citing California Insurance Code 2071, reports that lawsuits over smoke claims from the 2025 fires must be filed by January 7, 2027. If your insurer denied or underpaid a smoke claim and you may want to sue, that is the date to plan around.
A lawsuit usually needs evidence, and evidence takes time. Lab results can take days to weeks, and testing firms get busy before a deadline. Waiting until late December to order testing leaves very little room.
| When | What happened or happens |
|---|---|
| 2025 | Palisades and Eaton fires; many standing homes take on smoke, ash and firefighting water |
| September 15, 2026 | AB 1795 and AB 1642 signed into law |
| October 2026 | Smoke-damage lawsuits against insurers reported in the Palisades |
| December 2026 to January 2027 | Likely peak of a strong El Niño winter, with above-normal Southern California rain favored |
| January 7, 2027 | Reported deadline to file smoke-claim lawsuits under Insurance Code 2071 |
Action plan
What should fire-affected homeowners do right now?
Get your paperwork in order, get legal advice on the deadline, and make sure any testing you order is documented well enough to use. You don’t need to do everything at once, but the first three steps below should not wait until after the holidays.
- Pull your claim file. Gather your policy, every letter from the insurer, the adjuster’s estimates, and any denial or partial-payment notice. Note the dates.
- Talk to a lawyer about January 7. Ask whether the deadline applies to you, whether AB 1795 changes your position, and what evidence you’ll need.
- Ask your insurer in writing. Request their position on lead and asbestos testing and on ALE under AB 1795. Written answers are easier to rely on than phone calls.
- Order the right testing. Smoke, lead and asbestos assessment usually comes from an industrial hygienist. Mold assessment is a separate inspection. Ask any tester whether their lab is accredited and whether results come with chain of custody.
- Keep testing independent. Results from a firm that is not also selling you the cleanup carry more weight with an insurer or a court.
- Protect the house before the rain. Check tarps, broken windows, gutters and drainage. A strong El Niño could put new water into a home that’s already been through a fire.
- Keep a log. Dated photos, receipts for temporary housing, and notes from every call. Store copies somewhere other than the house.
For the storm side, our El Niño mold prep checklist for LA homes covers roofs and drainage, and the after-the-storm checklist covers the first 48 hours after water gets in. On choosing a tester, see why an independent mold inspector matters.
Where mold fits
Do the new smoke laws cover mold?
Not as reported. AB 1795 and AB 1642 are about smoke contamination, lead and asbestos. Mold is a different hazard with a different cause: it grows where materials stayed wet, which in fire areas usually means firefighting water, broken windows and homes left closed for months.
That matters for your claim. Mold usually falls under the water-damage parts of a homeowners policy, which often have their own limits. Our guide to mold coverage under California homeowners insurance explains sublimits and the “sudden and accidental” rule. If you suspect mold in a home that survived the fires, our fire-water and mold remediation service page explains testing, the cleanup sequence and typical costs.
Older homes add one more layer. If the house was built before 1978, materials that would come out during mold removal should be checked for asbestos and lead first. See combined mold and asbestos testing.
Renters
I rent in a fire area. Who do I call about smoke or mold?
Your landlord is responsible for habitability repairs, and a free code inspection is available through your local agency. Which agency depends on where the unit is. You do not need to pay for testing to file a complaint.
| Area | Agency | Phone |
|---|---|---|
| Pacific Palisades (City of LA) | LA Housing Department, Code & Rent Helpline | (866) 557-7368 |
| Altadena and Malibu | LA County Public Health, Environmental Health | (888) 700-9995 |
| Pasadena | Pasadena Code Compliance | (626) 744-8633 |
| Glendale | Not under County housing enforcement | Call Glendale City Hall |
More cities are listed on our who to call about mold in LA County page. This isn’t legal advice; tenants can contact Bet Tzedek or a tenant lawyer.
Open questions
What’s still uncertain about the new laws?
The laws are new, and practice will lag behind the text. We’ll update this page as guidance appears. For now, treat these points as open and get answers specific to your claim.
- Timing: when each provision applies, and whether it covers claims already settled.
- Standards: what the DTSC and CARB standards under AB 1642 will require, and when testing firms must follow them.
- “Safe” for ALE: what test results an insurer will accept as proof the home is ready.
- Your deadline: whether January 7, 2027 is the date that applies to your specific policy and claim.
For background on why LA homes take on moisture in the first place, see why Los Angeles homes get mold, or browse the full Los Angeles mold guide.
FAQ
Wildfire recovery questions
What is the Smoke Damage Recovery Act?
It is AB 1795, signed September 15, 2026. As reported, it requires insurers to pay for lead and asbestos testing and remediation in smoke-damaged homes and bars ending additional living expense payments until the home is safe.
What does AB 1642 do?
AB 1642 creates California’s first state standards for testing and cleaning up smoke damage, developed through the Department of Toxic Substances Control and the California Air Resources Board.
When is the deadline to sue over a Palisades or Eaton fire smoke claim?
News reports citing Insurance Code 2071 put it at January 7, 2027. Your own deadline can depend on your policy and claim history, so confirm it with a lawyer or Bet Tzedek well before then. This isn’t legal advice.
Who should do smoke damage testing in Los Angeles?
Smoke, ash, lead and asbestos assessment is usually done by an industrial hygienist. Choose a tester who is not also selling the cleanup, uses an accredited lab and provides chain-of-custody records.
Do AB 1795 and AB 1642 apply to mold?
As reported, no. They address smoke contamination, lead and asbestos. Mold after a fire comes from water and vacancy and is usually handled under the water-damage parts of a homeowners policy.
Can my insurer stop paying for temporary housing after a smoke claim?
Under AB 1795, as reported, an insurer cannot end additional living expense payments until the home is safe. How “safe” is measured is still being worked out, so ask your insurer for its position in writing.
What records should I gather before January 7, 2027?
Your policy, all insurer letters and estimates, any denial or partial-payment notices, lab reports with chain of custody, dated photos, and receipts for temporary housing. Keep copies outside the damaged home.
Sources
- Office of the Governor of California, wildfire recovery package signing announcement, September 15, 2026
- California Department of Insurance, 2026 consumer alert on hidden smoke-damage hazards
- Hoodline, October 2026 coverage of a Pacific Palisades smoke-damage lawsuit and the Insurance Code 2071 deadline
- Claims Journal, October 7, 2026, NOAA El Niño outlook for winter 2026–27
- EPA mold and moisture guidance: epa.gov/mold
- LA Housing Department: housing.lacity.gov; LA County Public Health: publichealth.lacounty.gov
Last updated October 2026. We will revise this page when CDI, DTSC or CARB publish guidance. General information only, not legal or insurance advice.
Need mold findings documented before the deadline?
Call (213) 659-0672, 24/7 across Los Angeles County. We’ll tell you honestly whether a mold inspection will help your claim, and what it typically costs, before you book.