PLAN Act
Bill: H.R.1107 | Sponsor: Rep. Case, Ed (D-HI)
Policy area: Science, Technology, Communications

Summary:
Protecting Local Authority and Neighborhoods Act or the PLAN Act
This bill limits liability protection that applies to a provider of an interactive computer service that facilitates the lease or rental of real property (e.g., Airbnb) in violation of a state law or contractual agreement, such as a lease provision prohibiting short-term rentals.
Current law protects providers and users of such services from liability for information provided by third parties, subject to specified exceptions. This bill removes that protection for providers that facilitate certain real estate transactions if the provider (1) receives written notice that a lease or rental violates a law or contractual agreement, and (2) subsequently facilitates the lease or rental in a manner restricted by the applicable law or contractual agreement.
The bill also expressly preserves the authority of a state or locality to enforce laws that restrict a provider of an interactive computer service from booking, or providing ancillary services for, a transaction for the lease or rental of real property.

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Local Authority and 
Neighborhoods Act'' or the ``PLAN Act''.

SEC. 2. ENSURING ABILITY TO ENFORCE STATE AND LOCAL LAW RELATING TO 
              LEASING AND RENTING OF REAL PROPERTY.

    (a) No Effect of Communications Law on Claims Regarding Lease or 
Rental of Real Property.--Section 230(c) of the Communications Act of 
1934 (47 U.S.C. 230(c)) is amended by adding at the end the following:
            ``(3) No effect on claims regarding lease or rental of real 
        property.--
                    ``(A) In general.--Paragraph (1) shall not apply to 
                any claim in a civil action under State law asserted 
                after the date of enactment of this paragraph against a 
                provider of an interactive computer service if--
                            ``(i) the claimant alleges that the 
                        provider facilitated the lease or rental of 
                        real property in a circumstance in which a law 
                        or contractual agreement restricts the lease or 
                        rental;
                            ``(ii) the claimant, or an authorized agent 
                        of the claimant, provided written notice to the 
                        provider, or a designated agent of the 
                        provider, that the lease or rental of the real 
                        property described in clause (i) would violate 
                        a law or contractual agreement; and
                            ``(iii) the provider facilitated the lease 
                        or rental of the real property described in 
                        clause (i) after receiving the notice under 
                        clause (ii).
                    ``(B) Written notice.--For purposes of subparagraph 
                (A)(ii), written notice provided by a claimant, or an 
                authorized agent thereof, to a provider of an 
                interactive computer service, or a designated agent 
                thereof, shall include substantially the following:
                            ``(i) Reasonable identification of the real 
                        property for which the provider is allegedly 
                        facilitating the lease or rental in a 
                        circumstance in which a law or contractual 
                        agreement restricts the lease or rental.
                            ``(ii) Identification of the law or 
                        contractual agreement that restricts the lease 
                        or rental of real property facilitated by the 
                        provider.
                            ``(iii) A statement that describes the 
                        manner in which the lease or rental of real 
                        property violates a law or contractual 
                        agreement.
                            ``(iv) Information reasonably sufficient to 
                        permit the provider to contact the claimant or 
                        agent thereof, as applicable, such as an 
                        address, a telephone number, and, if available, 
                        an electronic mail address.
                            ``(v) A statement that the claimant or 
                        agent thereof, as applicable, has a good faith 
                        belief that the lease or rental of the real 
                        property--
                                    ``(I) would violate a law or 
                                contractual agreement; and
                                    ``(II) is not authorized by the 
                                claimant.
                            ``(vi) A statement, under penalty of 
                        perjury--
                                    ``(I) that the information in the 
                                notice is accurate; and
                                    ``(II) if the notice is provided by 
                                an agent of the claimant, that the 
                                agent is authorized to act on behalf of 
                                the claimant.
                            ``(vii) A physical or electronic signature 
                        of the claimant or authorized agent, as 
                        applicable.''.
    (b) No Effect of Communications Law on Real Property Leasing or 
Rental Requirements and Protection of Property Rights.--Section 230(e) 
of the Communications Act of 1934 (47 U.S.C. 230(e)) is amended by 
adding at the end the following:
            ``(6) No effect on real property leasing or rental 
        requirements and protection of property rights.--Nothing in 
        this section (other than subsection (c)(2)(A)) shall be 
        construed to prevent any State or unit of local government from 
        enforcing a law that restricts any provider of an interactive 
        computer service from booking a transaction for the lease or 
        rental of real property or providing ancillary services for 
        such a transaction.''.
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