22590.1.
(a) (1) A hosting platform shall conspicuously disclose on a rental listing any recording devices operating in, on, or around the listed property.(2) Before allowing an offeror to list that property for rent on a hosting platform, the operator of the hosting platform shall request the offeror to disclose to the hosting platform any recording devices operating in, on, or around the listed property.
(3) An offeror, upon request by the hosting platform pursuant to paragraph (2), shall disclose to the hosting platform any devices known by the offeror, or which reasonably should be known by the offeror, to be operating in, on, or around the listed property.
(b) (1) Within 24 hours of receipt of a notice of a violation of subdivision (a) from the hosting platform, the renter, or any other party with knowledge of the violation, the offeror shall do both of the following:
(A) Destroy any data collected during the rental period by a recording device not disclosed to a renter as required by subdivision (a).
(B) Disable, or instruct the renter or another party to disable, for the remainder of the rental period a recording device not disclosed to a renter as required by subdivision (a).
(2) If an offeror receives notification of a violation of this section from a party other than the renter, the offeror shall immediately notify the renter of any recording devices that were not disclosed as
required by subdivision (a), and the nature of any data collected by those devices.
(c) (1) A renter who was not provided a disclosure required by this section may, upon identification or notification of the violation, render the rental agreement for that property null and void effective immediately.
(2) A penalty shall not be imposed on a renter for exercising their right to nullify the rental agreement pursuant to this subdivision.
(3) A renter who exercises their right to nullify the rental agreement pursuant to this subdivision shall be entitled to a full refund of any payment rendered for use of the property that was not realized as a result of this exercise.
(d) (1) In addition to any other penalty
provided by law and subject to paragraph (5), a violation of this section shall be punishable by a civil penalty of up to five hundred dollars ($500) for the first violation, and up to one thousand dollars ($1,000) for any subsequent violation.
(2) The offeror and the hosting platform shall be severally liable for any penalties resulting from a violation of this section.
(3) Each device that is not disclosed as required by this section shall be considered a separate violation of this section.
(4) (A) Except as provided in subparagraph (B), each day the offeror fails to cure a violation of subdivision (b) or (c) after 24 hours from receipt of notice of violation shall be considered a separate violation of that subdivision.
(B) If
the offeror is not capable of curing, or instructing another party to cure, a violation of subdivision (b) or (c) within 24 hours of notice, the offeror shall cure the violation within 24 hours of achieving that capability, and each day the offeror fails to cure the violation after achieving that capability shall be considered a separate violation of that subdivision.
(5) Civil penalties imposed on the offeror for violations of this section shall not cumulatively exceed five thousand dollars ($5,000) per property rental to which those violations pertain.