BILL NUMBER: SB 761 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 19, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Hall
FEBRUARY 27, 2015
An act to add Chapter 22.3 (commencing with Section 22590) to
Division 8 of the Business and Professions Code, relating to
business.
LEGISLATIVE COUNSEL'S DIGEST
SB 761, as amended, Hall. Advertising: Internet private residence
rental listings: notice.
Existing law requires an operator of a commercial Internet
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
Internet 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 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. 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. This bill would require the notice to be in
a particular font size and be provided immediately before
the occupant commits to offer lists
each real property on the hosting platform's Internet Web
site in a manner that requires the occupant to interact with the
hosting platform's Internet Web site to affirmatively
acknowledge he or she has read the notice. This bill would
define terms for its purposes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 22.3 (commencing with Section 22590) is added
to Division 8 of the Business and Professions Code, to read:
CHAPTER 22.3. INTERNET PRIVATE RESIDENCE RENTAL
LISTINGS PRIVATE RESIDENCE RENTAL LISTINGS
22590. As used in this chapter, the following
definitions shall apply: a "hosting platform" means a
marketplace that is created for the primary purpose of facilitating
the rental of a residential unit offered for occupancy for tourist or
transient use for compensation to the offeror of that unit, and the
operator of the hosting platform derives revenues, including booking
fees or advertising revenues, from providing or maintaining that
marketplace. "Facilitating" includes, but is not limited to, the act
of allowing the offeror of the residential unit to offer or advertise
the residential unit on the Internet Web site provided or maintained
by the operator.
(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.
22592. (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:
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.
22592. A hosting platform shall provide the
following notice to occup ants listing a residence for
short-term rental on a hosting platform:
If you are a tenant who is listing a room, home, condominium, or
apartment, please refer to your rental contract or lease, or contact
your landlord, prior to listing the property to determine whether
your lease or contract contains restrictions that would limit your
ability to list your room, home, condominium, or apartment. Listing
your room, home, condominium, or apartment may be a violation of your
lease or contract, and could result in legal action against you by
your landlord, including possible eviction.
22594. (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 hosting platform's Internet Web site
or equal to the default font size on the online platform or
hosting platform's Internet Web site.
(b) The notice shall be provided immediately before the occupant
commits to offer lists each real
property on the online platform or hosting
platform's Internet Web site, and shall require the occupant to
interact with the online platform hosting
platform's Internet Web site to affirmatively acknowledge he or
she has read the notice.