Amended in Assembly June 8, 2016

Amended in Senate April 21, 2016

Amended in Senate March 28, 2016

Senate BillNo. 1092


Introduced by Senator Monning

February 17, 2016


An act to amend Sections 22592 and 22594 of the Business and Professions Code, relating to business.

LEGISLATIVE COUNSEL’S DIGEST

SB 1092, as amended, Monning. Advertising: Internet private residence rental listings: notice.

Existing law requires 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. Existing law requires 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.

This bill would require that notice to alsobegin insert be provided to mobilehome offerors andend insert include a statement advising the offeror to review any restrictions on coverage under the offeror’s homeowners’ or renters’ insurance policy related to short-term rental activities, as specified, and would make technical and conforming changes.

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

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

P2    1

SECTION 1.  

Section 22592 of the Business and Professions
2Code
is amended to read:

3

22592.  

A hosting platform shall provide the following notice
4to an offeror listing a residence for short-term rental on the hosting
5platform:

6(a) If you are a tenant who is listing a room, home,begin insert mobilehome,end insert
7 condominium, or apartment, please refer to your rental contract
8or lease, or contact your landlord, prior to listing the property to
9determine whether your lease or contract contains restrictions that
10would limit your ability to list your room, home,begin insert mobilehome,end insert
11 condominium, or apartment. Listing your room, home,begin insert mobilehome,end insert
12 condominium, or apartment may be a violation of your lease or
13contract, and could result in legal action against you by your
14landlord, including possible eviction.

15(b) You should review any restrictions on coverage under your
16homeowners’ or renters’ insurance policy related to short-term
17rental activities to ensure that there is appropriate insurance
18coverage in the event that a person sustains an injury or loss for
19which you are responsible, a person damages or causes loss to
20your personal or real property, or a claim or lawsuit is made against
21you or otherwise arises out of activities related to this hosting
22platform.

23

SEC. 2.  

Section 22594 of the Business and Professions Code
24 is amended to read:

25

22594.  

(a) The notice required by Section 22592 shall be in a
26font size that is equal to or greater than 100 percent of the standard
27font size of the other paragraphs on the hosting platform’s Internet
28Web site or equal to the default font size on the hosting platform’s
29Internet Web site.

30(b) The notice shall be provided immediately before the offeror
31lists each real property on the hosting platform’s Internet Web site,
32and shall require the offeror to interact with the hosting platform’s
33Internet Web site to affirmatively acknowledge he or she has read
34the notice. This affirmative acknowledgment may be accomplished
35by the inclusion of a statement in the notice described in Section
P3    122592 that the offeror acknowledges reading this notice before
2proceeding to list a real property with the hosting platform’s
3Internet Web site.



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