As used in this chapter, 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.
Chapter 22.3Internet Private Residence Rental Listings
Section § 22590
This law defines a 'hosting platform' as an online marketplace mainly used for renting out homes or apartments to tourists or short-term guests, where the company running the marketplace earns money through booking or advertising fees. Facilitating rental includes allowing property owners to list or advertise their property on the platform's website.
hosting platform marketplace rental of residential unit tourist use transient use compensation booking fees advertising revenues Internet Web site property owners short-term rental online advertising residential unit listing travel accommodations online marketplace
Section § 22592
If you're thinking about renting out a part of your home or apartment on a short-term rental platform and you're a tenant, make sure to check your lease or talk to your landlord because it might not be allowed and could lead to eviction. Also, double-check your insurance policy to ensure it covers any incidents that could occur during the rental, like injuries or property damage, since listings might affect your insurance coverage.
A hosting platform shall provide the following notice to an offeror listing a residence for short-term rental on the hosting platform:
(a)CA Business and Professions Code § 22592(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)CA Business and Professions Code § 22592(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.
short-term rental tenant restrictions rental contract lease violation landlord approval eviction risk homeowners insurance renters insurance insurance coverage property damage liability hosting platform short-term rental activities injury claims real property loss
Section § 22594
This law mandates that any notice required by another section must be displayed in a font size at least as large as the standard text on a hosting website. The notice must be shown right before someone lists a property on the site. Moreover, the person listing the property must confirm they have read the notice by interacting with the website, such as checking a box or clicking a button, before proceeding.
(a)CA Business and Professions Code § 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)CA Business and Professions Code § 22594(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.
internet hosting platform font size requirement property listing affirmative acknowledgment user interaction read notice real property website notice listing confirmation online platforms
