PLAN Act

I 116TH CONGRESS 1ST SESSION H. R. 4232 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 SEPTEMBER 6, 2019 Mr. CASE (for himself and Mr. KING of New York) 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 21:06 Sep 06, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4232.IH H4232 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4232 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.—Paragraph (1) 10 shall not apply to any claim in a civil action under 11 State law asserted after the date of the enactment 12 of this paragraph against a provider of an inter- 13 active computer service if— 14 ‘‘(A) the claimant alleges such provider fa- 15 cilitated the lease or rental of real property in 16 a circumstance in which a law or contractual 17 agreement restricts such lease or rental; 18 ‘‘(B) the claimant provides written notice 19 of the alleged violation to such provider; and 20 ‘‘(C) such provider fails to cure the alleged 21 violation within 30 days after the date on which 22 such provider receives such notice.’’. 23 (b) NO EFFECT OF COMMUNICATIONS LAW ON REAL 24 PROPERTY LEASING OR RENTAL REQUIREMENTS AND 25 PROTECTION OF PROPERTY RIGHTS.—Section 230(e) of 26 VerDate Sep 11 2014 21:06 Sep 06, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4232.IH H4232 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4232 IH the Communications Act of 1934 (47 U.S.C. 230(e)) is 1 amended by adding at the end the following: 2 ‘‘(6) NO EFFECT ON REAL PROPERTY LEASING 3 OR RENTAL REQUIREMENTS AND PROTECTION OF 4 PROPERTY RIGHTS.—Nothing in this section (other 5 than subsection (c)(2)(A)) shall be construed to pre- 6 vent any State or unit of local government from en- 7 forcing a law that restricts any provider of an inter- 8 active computer service from facilitating the lease or 9 rental of real property.’’. 10 Æ VerDate Sep 11 2014 21:06 Sep 06, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H4232.IH H4232 pamtmann on DSKBC07HB2PROD with BILLS