Amended in Senate April 6, 2015

Senate Bill No. 761

Introduced by Senator Hall

February 27, 2015

An act to add begin delete Section 17538.2 to end delete begin insert Chapter 22.3 (commencing with Section 22590) to Division 8 of end insert the Business and Professions Code, relating to business.

LEGISLATIVE COUNSEL’S DIGEST

SB 761, as amended, Hall. Advertising: begin delete Internet. end delete begin insert Internet private residence rental listings: notice. end insert

begin insert

Existing law requires an operator of a commercial Web site or online service that collects personally identifiable information through the Internet about individual consumers residing in California who use or visit its commercial Web site or online service to conspicuously post its privacy policy on its Internet Web site. Existing law also limits advertising by an operator of an Internet Web site, online service, online application, or mobile application directed to minors, as provided.

end insert begin insert

This bill would require an operator of an online platform or Internet Web site that in any manner facilitates the rental of real property located within the state offered by an occupant of that real property as a vacation or other temporary living space to provide a specific notice to that occupant that states, among other things, that listing or offering the property on the Internet Web site could result in eviction if the occupant does not have the property owner’s permission. This bill would require the notice to be in a particular font size and provided immediately before the occupant commits to offer each real property on the Internet Web site in a manner that requires the occupant to interact with the Internet Web site to affirmatively acknowledge he or she has read the notice. This bill would define terms for its purposes.

end insert begin delete

Existing law prohibits a person, corporation or association, or any employee of a corporation or association, from engaging in advertising practices conducted by specified means of dissemination or publication, including the Internet, where a statement is made or disseminated that is untrue or misleading and which, by the exercise of reasonable care, should be known to be untrue or misleading. Existing law requires a vendor conducting business through the Internet or any other electronic means of communication, when a transaction involves a buyer in this state, to disclose to the buyer the vendor’s return and refund policy and various other information. A violation of these provisions is a crime.

end delete begin delete

This bill would state the intent of the Legislature to enact legislation that would require an operator of a commercial Internet Web site that meets specified criteria to provide public disclosures and consumer protections when presenting or offering to consumers vacation home rentals or temporary living spaces.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 22.3 (commencing with Section 22590)
is added to Division 8 of the end insert begin insert Business and Professions Code end insert begin insert , to
read: end insert

begin insert

 

Chapter   begin insert 22.3. end insert Internet private residence rental listings

 

begin insert 22590. end insert   

As used in this chapter, the following definitions shall
apply:

(a) “Occupant” means a natural person who has the legal right
to reside in the real property, including, but not limited to, a tenant.

(b) “Real property” means any dwelling or portion of a dwelling
intended for human occupancy, including, but not limited to, a
room, single family home, condominium, or apartment.

begin insert 22592. end insert   

(a) An operator of an online platform or Internet Web
site that in any manner facilitates the rental of real property
located within the state offered by an occupant of that real property
as a vacation or other temporary living space shall provide the
following notice to that occupant in compliance with this chapter:

 

begin insert If you are a tenant who is listing a room, home, condominium, or apartment that you rent from a landlord on this Internet Web site, you may be in violation of your rental contract or lease. Listing or offering the property on this Internet Web site could result in your eviction if you do not have the property owner’s permission. Please refer to your rental contract or lease, or contact your landlord prior to listing the property to protect your interests. end insert

begin insert   end insert

begin insert   end insert

begin insert   end insert

 

begin insert 22594. end insert   

(a) The notice required by Section 22592 shall be in
a font size that is equal to or greater than 100 percent of the
standard font size of the other paragraphs on the online platform
or Internet Web site or equal to the default font size on the online
platform or Internet Web site.

(b) The notice shall be provided immediately before the occupant
commits to offer each real property on the online platform or
Internet Web site, and shall require the occupant to interact with
the online platform Internet Web site to affirmatively acknowledge
he or she has read the notice.

end insert

begin delete

SECTION 1.  

Section 17538.2 is added to the Business and
Professions Code, to read:

17538.2.  

It is the intent of the Legislature to enact legislation
that would require an operator of a commercial Internet Web site
that meets specified criteria to provide public disclosures and
consumer protections when presenting or offering to consumers
vacation home rentals or temporary living spaces.

end delete