Tenancy: digitally altered images: disclosure.

Existing law generally regulates the hiring of real property.

The Real Estate Law generally provides for the licensure and regulation of real estate brokers and salespersons. The law requires a real estate broker or salesperson, or person acting on their behalf, who includes a digitally altered image, as defined, in an advertisement or other promotional material for the sale of real property to include a disclosure, as specified. If the advertisement or promotional material is posted on an internet website, the law requires the same image without digital alteration to be included, as specified.

The law defines "sell," "sale," or "sold" for these purposes as a transaction for the transfer of real property from a seller to a buyer, and includes, among other things, a leasehold exceeding one year's duration. A willful violation of the Real Estate Law is a crime.

This bill would require a person who includes a digitally altered image, as defined, in an advertisement or other promotional material for the rental of real property to include a disclosure, as specified. The bill would require the unaltered image to be included, as specified, unless the image, architectural rendering, or artistic rendering was not originally created through the use of a capture device, as defined. The bill would specify that a violation of these provisions by a person licensed under the Real Estate Law is a violation of that law.

By imposing new requirements on real estate licensees, the violation of which is a crime, this bill would impose a state-mandated local program. The bill would specify that the provisions that apply to an advertisement or other promotional material for the sale of real property described above do not apply to an advertisement or other promotional material for a leasehold exceeding one year's duration.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.