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Bill > AB142


WI AB142

Algorithmic software for residential housing, and providing a penalty.


summary

Introduced
03/17/2025
In Committee
03/17/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

This bill prohibits the use of algorithmic software in setting rental rates or occupancy levels for residential dwelling units and prohibits persons from selling, licensing, or providing algorithmic software to a residential landlord. XAlgorithmic softwareY is defined in the bill to mean software that uses an algorithm to perform calculations on nonpublic competitor data regarding rent or occupancy levels in this state for the purpose of informing a landlord[s decision regarding residential housing occupancy rates, whether to leave a residential unit vacant, or the amount of rent that a landlord may obtain for a residential unit. The Department of Agriculture, Trade and Consumer Protection, the attorney general, or a district attorney may investigate violations of this bill, and the attorney general or a district attorney may commence an action seeking an injunction or to recover a civil forfeiture of up to $1,000 per violation. In addition, a tenant may file a civil action seeking actual damages incurred as a result of a violation of the bill or $1,000 per violation, whichever is greater, or for injunctive relief, or for a combination of injunctive relief and damages. Under the bill, if a landlord includes a provision in a lease that 1) waives the landlord[s obligation to comply with the prohibition on the use of algorithmic software or 2) discourages or impedes a tenant from filing an action seeking injunctive relief or damages stemming from the landlord[s violation of the bill[s prohibitions, then the rental agreement is void and unenforceable.

AI Summary

This bill prohibits the use of algorithmic software in residential housing rental practices. Specifically, the bill defines "algorithmic software" as software that uses algorithms to analyze non-public competitor data to inform landlords' decisions about rental rates, occupancy levels, or whether to leave a unit vacant. The legislation makes it illegal for anyone to sell, license, or provide such software to residential landlords, and prohibits landlords from using this type of software to set rental rates or occupancy levels. Enforcement of the bill is entrusted to the Department of Agriculture, Trade and Consumer Protection, the attorney general, or district attorneys, who can investigate violations and seek injunctions or civil forfeitures of up to $1,000 per violation. Tenants are also empowered to file civil actions seeking damages of $1,000 per violation or actual damages, whichever is greater. Additionally, the bill renders any lease provision that attempts to waive the landlord's obligation to comply with these prohibitions or discourages tenants from filing actions void and unenforceable. Exceptions to the definition of algorithmic software include publications of aggregated rental data and products used for establishing rent limits in affordable housing programs.

Committee Categories

Housing and Urban Affairs

Sponsors (30)

Last Action

Representative Miresse added as a coauthor (on 04/15/2025)

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