Requirements regarding registered child sex offenders and short-term rentals

(a)

Requirements

(1)

Covered platforms

A provider of a covered platform— (A)prior to publishing a listing by a property owner for a short-term rental on the covered platform, shall implement reasonable procedures to request that the property owner disclose whether the property owner is a registered child sex offender; and (B)if a property owner discloses under subparagraph (A) that the property owner is a registered child sex offender, shall include a clear and conspicuous public disclosure with respect to any such listing by the property owner published on the covered platform to a prospective guest prior to the point of sale that shall include a link to a public sex offender registry where such disclosure may be independently verified. (2)

Property owners

A property owner who is a registered child sex offender— (A)shall respond to a request made by a provider of a covered platform under paragraph (1)(A); and (B)may not provide materially false information with respect to any such request. (b)

Enforcement

(1)

Enforcement by Commission

(A)

Unfair or deceptive acts or practices

A violation of subsection (a) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (B)

Powers of Commission

The Commission shall enforce subsection (a) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act, and any person who violates such subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (2)

Actions by States

(A)

In general

In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of subsection (a), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to— (i)enjoin such act or practice; (ii)enforce compliance with such subsection; (iii)obtain damages, restitution, or other compensation on behalf of residents of the State; or (iv)obtain such other legal and equitable relief as the court may consider to be appropriate. (B)

Notice

Before filing an action under this paragraph, the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this subparagraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action. (C)

Authority of Commission

(i)

In general

On receiving notice under subparagraph (B) of an action under this paragraph, the Commission shall have the right— (I)to intervene in the action; (II)upon so intervening, to be heard on all matters arising therein; and (III)to file petitions for appeal. (ii)

Limitation on State action while Federal action is pending

If the Commission or the Attorney General of the United States has instituted a civil action for violation of subsection (a) (referred to in this clause as the Federal action), no State attorney general, official, or agency may bring an action under this paragraph during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of such subsection alleged in such complaint. (c)

Definitions

In this section: (1)

Commission

The term Commission means the Federal Trade Commission. (2)

Covered platform

The term covered platform means a digital platform, website, application, or other similar service that facilitates short-term rentals. (3)

Property owner

The term property owner means an individual who holds legal title to, or has the right to offer for rent, a short-term rental listed on a covered platform, whether listed directly or through an agent of the individual. (4)

Public sex offender registry

The term public sex offender registry means a government-maintained, publicly accessible database of registered sex offenders, including the National Sex Offender Public website and any other similar registry maintained by a State. (5)

Registered child sex offender

The term registered child sex offender means an individual who is required by law to register as a sex offender on a public sex offender registry if such registration is based on, in whole or in part, a conviction for a sexual offense that the individual committed against another individual who was under the age of 18 years old at the time of such offense. (6)

Short-term rental

The term short-term rental means any dwelling unit, residence, or other real property that a guest or lessee may occupy in exchange for monetary compensation for a period of fewer than 9 consecutive months for each such guest or lessee. (d)

Effective date

This section shall take effect on the date that is 1 year after the date of the enactment of this Act.