SB 761, as amended, Hall. Advertising: Internet private residence rental listings: notice.
Existing law requires an operator of a commercialbegin insert Internetend insert Web site or online service that collects personally identifiable information through the Internet about individual consumers residing in California who use or visit its commercialbegin insert Internetend insert 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.
This bill would requirebegin delete 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. end deletebegin insert a hosting platform, as defined, to provide a specific notice to an occupant listing a residence for short-term rental on a hosting platform that states, among other things, that, if the occupant is a tenant, listing the room, home, condominium, or apartment may violate the lease or contract and could result in legal action by the landlord, including possible eviction. end insertThis bill would require the notice to be in a particular font size andbegin insert beend insert provided immediately before the occupantbegin delete commits to offerend deletebegin insert
listsend insert each real property on thebegin insert hosting platform’send insert Internet Web site in a manner that requires the occupant to interact with thebegin insert hosting platform’send insert Internet Web site to affirmatively acknowledge he or she has read the notice.begin delete This bill would define terms for its purposes.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:
Chapter 22.3 (commencing with Section 22590)
2is added to Division 8 of the Business and Professions Code, to
3read:
4
As used in this chapter,begin delete the following definitions shall begin insert a “hosting platform” means a marketplace that is created
9apply:end delete
10for the primary purpose of facilitating the rental of a residential
11unit offered for occupancy for tourist or transient use for
12compensation to the offeror of that unit, and the operator of the
13hosting platform derives revenues, including booking fees or
14advertising revenues, from providing or maintaining that
15marketplace. “Facilitating” includes, but is not limited to, the act
16of allowing the offeror of the residential unit to offer or advertise
17the residential unit on the Internet Web site provided or maintained
18by the operator. end insert
19(a) “Occupant” means a natural person who has the legal right
20to reside in the real property, including, but not limited to, a tenant.
21(b) “Real property” means any dwelling or portion of a dwelling
22intended for human occupancy, including, but not limited to, a
23room, single family home, condominium, or apartment.
(a) An operator of an online platform or Internet Web
25site that in any manner facilitates the rental of real property located
26within the state offered by an occupant of that real property as a
P3 1vacation or other temporary living space shall provide the following
2notice to that occupant in compliance with this chapter:
3
| 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. | |
begin insertA hosting platform shall provide the following notice
13to occupants listing a residence for short-term rental on a hosting
14platform:end insert
17If you are a tenant who is listing a room, home, condominium,
18
or apartment, please refer to your rental contract or lease, or
19contact your landlord, prior to listing the property to determine
20whether your lease or contract contains restrictions that would
21limit your ability to list your room, home, condominium, or
22apartment. Listing your room, home, condominium, or apartment
23may be a violation of your lease or contract, and could result in
24legal action against you by your landlord, including possible
25eviction.
(a) The notice required by Section 22592 shall be in a
28font size that is equal to or greater than 100 percent of the standard
29font size of the other paragraphs on thebegin delete online platform orend deletebegin insert hosting
30platform’s end insert Internet Web site or equal to the default font size on
31thebegin delete online platform orend deletebegin insert hosting platform’send insert Internet Web site.
32(b) The notice shall be provided immediately before the
33occupantbegin delete commits to offerend deletebegin insert
listsend insert each real property on thebegin delete online begin insert hosting platform’s end insert Internet Web site, and shall require
34platform orend delete
35the occupant to interact with thebegin delete online
platformend delete
36 Internet Web site to affirmatively acknowledge he or she has read
37the notice.
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