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 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 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.
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, a “hosting platform” means a
9marketplace that is created for the primary purpose of facilitating
10the rental of a residential unit offered for occupancy for tourist or
11transient use for compensation to the offeror of that unit, and the
12operator of the hosting platform derives revenues, including
13booking fees or advertising revenues, from providing or
14maintaining that marketplace. “Facilitating” includes, but is not
15limited to, the act of allowing the offeror of the residential unit to
16offer or advertise the residential unit on the Internet Web site
17provided or maintained by the operator.
A hosting platform shall provide the following notice
19to occupants listing a residence for short-term rental on a hosting
20platform:
23If you are a tenant who is listing a room, home, condominium,
24
or apartment, please refer to your rental contract or lease, or contact
25your landlord, prior to listing the property to determine whether
26your lease or contract contains restrictions that would limit your
27ability to list your room, home, condominium, or apartment. Listing
28your room, home, condominium, or apartment may be a violation
29of your lease or contract, and could result in legal action against
30you by your landlord, including possible eviction.
(a) The notice required by Section 22592 shall be in a
2font size that is equal to or greater than 100 percent of the standard
3font size of the other paragraphs on the hosting platform’s Internet
4Web site or equal to the default font size on the hosting platform’s
5Internet Web site.
6(b) The notice shall be provided immediately before the
7occupant lists each real property on the hosting platform’s Internet
8Web site, and shall require the occupant to interact with the hosting
9platform’s Internet Web site to affirmatively acknowledge he or
10she has read the notice.begin insert This affirmative
acknowledgement may be
11accomplished by the inclusion of a statement in the notice described
12in Section 22592 that the occupant acknowledges reading this
13notice before proceeding to list a real property with the hosting
14platform’s Internet Web site. end insert
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