PLAN Act

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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting Local Au- 4 thority and Neighborhoods Act’’ or the ‘‘PLAN Act’’. 5 VerDate Sep 11 2014 20:55 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1107.IH H1107 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1107 IH SEC. 2. ENSURING ABILITY TO ENFORCE STATE AND LOCAL 1 LAW RELATING TO LEASING AND RENTING 2 OF REAL PROPERTY. 3 (a) NO EFFECT OF COMMUNICATIONS LAW ON 4 CLAIMS REGARDING LEASE OR RENTAL OF REAL PROP- 5 ERTY.—Section 230(c) of the Communications Act of 6 1934 (47 U.S.C. 230(c)) is amended by adding at the end 7 the following: 8 ‘‘(3) NO EFFECT ON CLAIMS REGARDING LEASE 9 OR RENTAL OF REAL PROPERTY.— 10 ‘‘(A) IN GENERAL.—Paragraph (1) shall 11 not apply to any claim in a civil action under 12 State law asserted after the date of enactment 13 of this paragraph against a provider of an 14 interactive computer service if— 15 ‘‘(i) the claimant alleges that the pro- 16 vider facilitated the lease or rental of real 17 property in a circumstance in which a law 18 or contractual agreement restricts the lease 19 or rental; 20 ‘‘(ii) the claimant, or an authorized 21 agent of the claimant, provided written no- 22 tice to the provider, or a designated agent 23 of the provider, that the lease or rental of 24 the real property described in clause (i) 25 VerDate Sep 11 2014 20:55 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1107.IH H1107 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1107 IH would violate a law or contractual agree- 1 ment; and 2 ‘‘(iii) the provider facilitated the lease 3 or rental of the real property described in 4 clause (i) after receiving the notice under 5 clause (ii). 6 ‘‘(B) WRITTEN NOTICE.—For purposes of 7 subparagraph (A)(ii), written notice provided by 8 a claimant, or an authorized agent thereof, to 9 a provider of an interactive computer service, or 10 a designated agent thereof, shall include sub- 11 stantially the following: 12 ‘‘(i) Reasonable identification of the 13 real property for which the provider is al- 14 legedly facilitating the lease or rental in a 15 circumstance in which a law or contractual 16 agreement restricts the lease or rental. 17 ‘‘(ii) Identification of the law or con- 18 tractual agreement that restricts the lease 19 or rental of real property facilitated by the 20 provider. 21 ‘‘(iii) A statement that describes the 22 manner in which the lease or rental of real 23 property violates a law or contractual 24 agreement. 25 VerDate Sep 11 2014 20:55 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1107.IH H1107 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1107 IH ‘‘(iv) Information reasonably sufficient 1 to permit the provider to contact the claim- 2 ant or agent thereof, as applicable, such as 3 an address, a telephone number, and, if 4 available, an electronic mail address. 5 ‘‘(v) A statement that the claimant or 6 agent thereof, as applicable, has a good 7 faith belief that the lease or rental of the 8 real property— 9 ‘‘(I) would violate a law or con- 10 tractual agreement; and 11 ‘‘(II) is not authorized by the 12 claimant. 13 ‘‘(vi) A statement, under penalty of 14 perjury— 15 ‘‘(I) that the information in the 16 notice is accurate; and 17 ‘‘(II) if the notice is provided by 18 an agent of the claimant, that the 19 agent is authorized to act on behalf of 20 the claimant. 21 ‘‘(vii) A physical or electronic signa- 22 ture of the claimant or authorized agent, 23 as applicable.’’. 24 VerDate Sep 11 2014 20:55 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1107.IH H1107 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1107 IH (b) NO EFFECT OF COMMUNICATIONS LAW ON REAL 1 PROPERTY LEASING OR RENTAL REQUIREMENTS AND 2 PROTECTION OF PROPERTY RIGHTS.—Section 230(e) of 3 the Communications Act of 1934 (47 U.S.C. 230(e)) is 4 amended by adding at the end the following: 5 ‘‘(6) NO EFFECT ON REAL PROPERTY LEASING 6 OR RENTAL REQUIREMENTS AND PROTECTION OF 7 PROPERTY RIGHTS.—Nothing in this section (other 8 than subsection (c)(2)(A)) shall be construed to pre- 9 vent any State or unit of local government from en- 10 forcing a law that restricts any provider of an inter- 11 active computer service from booking a transaction 12 for the lease or rental of real property or providing 13 ancillary services for such a transaction.’’. 14 Æ VerDate Sep 11 2014 20:55 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1107.IH H1107 pamtmann on DSKBC07HB2PROD with BILLS