I 

117TH CONGRESS 

1ST SESSION H. R. 1107 

To amend the Communications Act of 1934 to ensure the ability to enforce 

State and local law relating to leasing and renting of real property, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 18, 2021 

Mr. CASE (for himself, Mr. NORMAN, Mr. FITZPATRICK, Mr. KAHELE, and 

Mr. PETERS) introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Communications Act of 1934 to ensure the 

ability to enforce State and local law relating to leasing 

and renting of real property, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Local Au5 thority and Neighborhoods Act’’ or the ‘‘PLAN Act’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 1107 IH

1 SEC. 2. ENSURING ABILITY TO ENFORCE STATE AND LOCAL 

2 LAW RELATING TO LEASING AND RENTING 

3 OF REAL PROPERTY. 

4 (a) NO EFFECT OF COMMUNICATIONS LAW ON

5 CLAIMS REGARDING LEASE OR RENTAL OF REAL PROP6 ERTY.—Section 230(c) of the Communications Act of 

7 1934 (47 U.S.C. 230(c)) is amended by adding at the end 

8 the following: 

9 ‘‘(3) NO EFFECT ON CLAIMS REGARDING LEASE

10 OR RENTAL OF REAL PROPERTY.— 

11 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

12 not apply to any claim in a civil action under 

13 State law asserted after the date of enactment 

14 of this paragraph against a provider of an 

15 interactive computer service if— 

16 ‘‘(i) the claimant alleges that the pro17 vider facilitated the lease or rental of real 

18 property in a circumstance in which a law 

19 or contractual agreement restricts the lease 

20 or rental; 

21 ‘‘(ii) the claimant, or an authorized 

22 agent of the claimant, provided written no23 tice to the provider, or a designated agent 

24 of the provider, that the lease or rental of 

25 the real property described in clause (i) 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 1107 IH

1 would violate a law or contractual agree2 ment; and 

3 ‘‘(iii) the provider facilitated the lease 

4 or rental of the real property described in 

5 clause (i) after receiving the notice under 

6 clause (ii). 

7 ‘‘(B) WRITTEN NOTICE.—For purposes of 

8 subparagraph (A)(ii), written notice provided by 

9 a claimant, or an authorized agent thereof, to 

10 a provider of an interactive computer service, or 

11 a designated agent thereof, shall include sub12 stantially the following: 

13 ‘‘(i) Reasonable identification of the 

14 real property for which the provider is al15 legedly facilitating the lease or rental in a 

16 circumstance in which a law or contractual 

17 agreement restricts the lease or rental. 

18 ‘‘(ii) Identification of the law or con19 tractual agreement that restricts the lease 

20 or rental of real property facilitated by the 

21 provider. 

22 ‘‘(iii) A statement that describes the 

23 manner in which the lease or rental of real 

24 property violates a law or contractual 

25 agreement. 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 1107 IH

1 ‘‘(iv) Information reasonably sufficient 

2 to permit the provider to contact the claim3 ant or agent thereof, as applicable, such as 

4 an address, a telephone number, and, if 

5 available, an electronic mail address. 

6 ‘‘(v) A statement that the claimant or 

7 agent thereof, as applicable, has a good 

8 faith belief that the lease or rental of the 

9 real property— 

10 ‘‘(I) would violate a law or con11 tractual agreement; and 

12 ‘‘(II) is not authorized by the 

13 claimant. 

14 ‘‘(vi) A statement, under penalty of 

15 perjury— 

16 ‘‘(I) that the information in the 

17 notice is accurate; and 

18 ‘‘(II) if the notice is provided by 

19 an agent of the claimant, that the 

20 agent is authorized to act on behalf of 

21 the claimant. 

22 ‘‘(vii) A physical or electronic signa23 ture of the claimant or authorized agent, 

24 as applicable.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•HR 1107 IH

1 (b) NO EFFECT OF COMMUNICATIONS LAW ON REAL

2 PROPERTY LEASING OR RENTAL REQUIREMENTS AND

3 PROTECTION OF PROPERTY RIGHTS.—Section 230(e) of 

4 the Communications Act of 1934 (47 U.S.C. 230(e)) is 

5 amended by adding at the end the following: 

6 ‘‘(6) NO EFFECT ON REAL PROPERTY LEASING

7 OR RENTAL REQUIREMENTS AND PROTECTION OF

8 PROPERTY RIGHTS.—Nothing in this section (other 

9 than subsection (c)(2)(A)) shall be construed to pre10 vent any State or unit of local government from en11 forcing a law that restricts any provider of an inter12 active computer service from booking a transaction 

13 for the lease or rental of real property or providing 

14 ancillary services for such a transaction.’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS