[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1107 Introduced in House (IH)]
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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.
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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