Bill Text: CA AB2202 | 2023-2024 | Regular Session | Amended
Bill Title: Short-term rentals: disclosure: cleaning tasks.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-07-01 - In committee: Referred to suspense file. [AB2202 Detail]
Download: California-2023-AB2202-Amended.html
|
Amended
IN
Assembly
March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2202
| Introduced by Assembly Member Rendon |
February 07, 2024 |
An act to amend Section 22592 17568.6 of the Business and Professions Code, relating to short-term rentals.
LEGISLATIVE COUNSEL'S DIGEST
AB 2202, as amended, Rendon.
Short-term rentals: hosting platforms. disclosure: cleaning tasks.
Existing law, commencing July 1, 2024, prohibits a place of short-term lodging, an internet website, application, or other similar centralized platform, or any other person from advertising, displaying, or offering a room rate that does not include all fees or charges required to stay at the short-term lodging, and requires that they include in the total price to be paid, all taxes and fees imposed by a government on the stay before the consumer reserves the stay. Existing law makes a violation of these provisions subject to a specified civil penalty not to exceed $10,000 and authorizes an action to enforce these provisions to be brought by a city attorney, district attorney, county counsel, or the Attorney General.
This bill would require a place of short-term lodging, an internet website, application, or other similar centralized platform, or any other person to also disclose any additional fees or charges that will be added to the total price to be paid, or other penalty that will be imposed, if the consumer fails to perform certain cleaning tasks at the end of the stay, and to explicitly describe the cleaning tasks in a written or electronic notice that is affirmatively acknowledged by the consumer before the consumer reserves the stay. The bill would make a violation of its provisions subject to the specified civil penalty and enforcement provisions described above.
Existing law requires a hosting platform, as defined, to provide a specified notice to an offeror listing a residence for short-term rental on the hosting platform, as provided.
This bill would make a nonsubstantive change to these provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 17568.6 of the Business and Professions Code is amended to read:17568.6.
(a) (1) A place of short-term lodging, an internet website, application, or other similar centralized platform, or any other person shall not advertise, display, or offer a room rate, as defined in Section 17561, that does not include all fees or charges required to stay at the short-term lodging except taxes and fees imposed by a government on the stay.(2) A place of short-term lodging, an internet website, application, or other similar centralized platform, or any other person shall include in the total price to be paid, before the consumer reserves the stay, all taxes and fees imposed by a government on the stay.
(3) A place of short-term lodging, an internet website, application, or other similar centralized platform, or any other person shall include both of the following in a notice that is affirmatively acknowledged by the consumer, before the consumer reserves the stay:
(A) A disclosure of any additional fees or charges that will be added to the total price to be paid to stay at the short-term lodging, or other penalty that will be imposed, if the consumer fails to perform certain cleaning tasks at the end of the stay.
(B) An explicit description of the cleaning tasks subject to the additional fees, charges, or
penalties described in subparagraph (A).
(b) For purposes of this section, “short-term the following definitions apply:
(1) “Short-term lodging” means any hotel, motel, bed and breakfast inn, or other transient lodging. “Short-term lodging” also includes a short-term rental, or a residential property that is rented to a visitor for 30 consecutive days or less through a centralized platform whereby the rental is advertised, displayed, or offered and payments for the rental are
processed.
(2) “Notice” means a written or electronic statement that is presented to the consumer in a font size that is at least as large as the standard or default font size of the other text in the advertisement or that is displayed on the internet website, platform, application, or other centralized platform and requires that the consumer interact with the internet website, application, or platform to affirmatively acknowledge that they have read the notice. Affirmative acknowledgment may be accomplished by including a statement in the notice that the consumer acknowledges having read the notice before the internet website, application, or platform functions to allow the consumer to reserve the stay.
(3) “Penalty” means subjecting a consumer to inferior terms, privileges, or conditions in comparison to other consumers including, but not limited to, designating or threatening to designate the consumer as a less favorable guest, decreasing or threatening to decrease the consumer’s status with or on the short-term lodging, internet website, application, or other similar centralized platform, or hindering or barring the consumer from reserving a stay at a place of short-term lodging that would otherwise be advertised or available to the consumer to view and reserve on the internet website, application, or platform.
(c) For purposes of this section, assessments under Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code or under Part 6 (commencing with Section 36500) or Part 7 (commencing with Section 36600) of Division 18 of the Streets and Highways Code are
fees imposed by a government on the stay.
(d) This section shall apply to any advertising, display, or offer before the public in this state, or from this state before the public in any state.
(e) (1) A person that knew or should have known that it has advertised, displayed, or offered a room rate in violation of this section shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000) for each violation.
(2) An action to enforce this section may be brought by a city attorney, district attorney, county counsel, or the Attorney General.
(f) The duties and obligations imposed by this section are cumulative with any other duties or obligations imposed under other law, and shall not be construed to relieve any party
from any duties or obligations imposed under other law.
(g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(h) This section shall become operative on July 1, 2024.
A hosting platform shall provide the following notice to an offeror that lists 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.