Bill Text: CA SB1092 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Advertising: Internet private residence rental listings: notice.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-07-25 - Chaptered by Secretary of State. Chapter 113, Statutes of 2016. [SB1092 Detail]

Download: California-2015-SB1092-Chaptered.html

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BILL NUMBER: SB 1092	CHAPTERED
	BILL TEXT

	CHAPTER  113
	FILED WITH SECRETARY OF STATE  JULY 25, 2016
	APPROVED BY GOVERNOR  JULY 25, 2016
	PASSED THE SENATE  JUNE 27, 2016
	PASSED THE ASSEMBLY  JUNE 23, 2016
	AMENDED IN ASSEMBLY  JUNE 8, 2016
	AMENDED IN SENATE  APRIL 21, 2016
	AMENDED IN SENATE  MARCH 28, 2016

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, 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 also be provided to
mobilehome offerors and 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 22592 of the Business and Professions Code is
amended to read:
   22592.  A hosting platform shall provide the following notice to
an offeror listing a residence for short-term rental on the hosting
platform:
   (a) If you are a tenant who is listing a room, home, mobilehome,
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, mobilehome,
condominium, or apartment. Listing your room, home, mobilehome,
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.
   (b) You should review any restrictions on coverage under your
homeowners' or renters' insurance policy related to short-term rental
activities to ensure that there is appropriate insurance coverage in
the event that a person sustains an injury or loss for which you are
responsible, a person damages or causes loss to your personal or
real property, or a claim or lawsuit is made against you or otherwise
arises out of activities related to this hosting platform.
  SEC. 2.  Section 22594 of the Business and Professions Code is
amended to read:
   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 hosting platform's
Internet Web site or equal to the default font size on the hosting
platform's Internet Web site.
   (b) The notice shall be provided immediately before the offeror
lists each real property on the hosting platform's Internet Web site,
and shall require the offeror to interact with the hosting platform'
s Internet Web site to affirmatively acknowledge he or she has read
the notice. This affirmative acknowledgment may be accomplished by
the inclusion of a statement in the notice described in Section 22592
that the offeror acknowledges reading this notice before proceeding
to list a real property with the hosting platform's Internet Web
site.