THE EMERGENCY LODGING SAFETY & PRIVACY ACT (ELSPA)
THE EMERGENCY LODGING SAFETY & PRIVACY ACT (ELSPA)
Section I: Purpose
To ensure the immediate safety of individuals fleeing domestic violence, human trafficking, or personal endangerment by removing financial and evidentiary barriers to emergency shelter. This Act recognizes that current corporate "second card" and "ID-matching" policies act as a de facto tracking system for abusers and traffickers.
Section II: Prohibited Practices
A. The "Second Card" Prohibition: No lodging establishment (hotel, motel, or short-term rental) shall require a guest to provide a personal credit or debit card for "incidentals" or "security deposits" if a third party has already provided a valid payment method and a signed authorization to cover such charges.
B. The "ID-Match" Prohibition: No lodging establishment shall refuse service to a guest based on a lack of government-issued identification if:
- The room has been prepaid by a third party (including but not limited to friends, family members, or non-profit organizations).
- The third-party payer has verified the guest’s identity to the establishment via a remote authorization form.
C. The "Inquiry" Prohibition:
It is a violation of this Act for a lodging establishment to require disclosure of the relationship between the third-party payer and the guest. Payment is the only business of the establishment.
Section III: Third-Party Guarantee Protections
A. Remote Authorization: Lodging establishments must provide a secure, digital, or faxed "All-Charges Authorization Form" that allows a third party to assume 100% of financial liability (Room, Tax, and a capped Incidental Hold) without the guest being present at the time of the hold.
B. Safe Harbor for Establishments: Establishments complying with this Act shall be immune from administrative penalties regarding "Know Your Guest" regulations, provided a valid third-party payment and authorization are on file.
Section IV: Enforcement & Penalties
A. Civil Liability: Any lodging establishment that turns away a guest in violation of Section II shall be held strictly liable for any harm, injury, or re-trafficking that occurs to that individual within 72 hours of the refusal of service.
B. Statutory Damages: A violation of this Act carries a mandatory civil penalty of $10,000 per occurrence, payable to the denied guest, plus reasonable attorney fees.
C. Obstruction of Safety: Refusal to honor a third-party payment for a person in documented or verbalized distress shall be classified as Obstruction of Public Safety.
Section V: Privacy of Records
All records regarding the third-party payer and the guest's presence must be encrypted and shall not be shared with any third party—including law enforcement—without a specific, narrow warrant, to prevent "digital stalking" by abusers through compromised systems.
Section VI: Public Notice & Transparency Requirements
A. Mandatory Signage: Every lodging establishment shall prominently display a "Notice of ELSPA Compliance" at all check-in desks and points of guest registration. The notice must be clearly visible to both the guest and the staff.
B. Online Transparency: Any lodging establishment maintaining a website for reservations must include a digital version of the ELSPA Compliance Notice on their "Policies" or "Terms and Conditions" page.
C. Training Mandate: All front-desk personnel, night auditors, and security staff must receive annual training on ELSPA protocols, specifically regarding the manual override of "second card" and "ID-match" system prompts.
THE OFFICIAL ELSPA COMPLIANCE NOTICE
(To be printed on 5x7 cardstock and displayed at the front desk)
NOTICE TO GUESTS & STAFF: ELSPA COMPLIANCE
Pursuant to the Emergency Lodging Safety & Privacy Act (ELSPA):
THIRD-PARTY PAYMENT: This establishment accepts third-party credit card authorizations as full and final payment.
NO SECONDARY CARD REQUIRED: If a third party has authorized "All Charges" or "Room, Tax, and Incidentals," a secondary personal card shall not be required from the guest.
NO ID-MATCH BARRIER: Guests with third-party payment and remote identity verification are exempt from physical ID-matching requirements.
PRIVACY PROTECTIONS: Information regarding this stay is protected. No data shall be shared without a specific, narrow warrant.
REFUSAL OF A PRE-PAID GUEST IS A VIOLATION OF STATE LAW. > Violation of this Act carries a mandatory $10,000 civil penalty and strict liability for any resulting harm to the guest.
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