Bill > HB2490

This bill, titled "Rental price fixing; algorithmic pricing," amends Arizona law to prohibit the use of certain algorithmic devices by landlords and coordinators in setting rental prices and other terms for residential rental properties. An "algorithm" is defined as a set of rules for a computational process, and an "algorithmic device" is a program or software that uses algorithms to process nonpublic competitor data (information not easily available to the public, such as actual rental prices, availability, and occupancy rates) to advise a landlord on rent. A "coordinator" is a person who sells or licenses such devices or their output. The bill makes it unlawful for a coordinator or a landlord with five or more rental units to use an algorithmic device that performs a "coordinating function" – meaning it collects and analyzes data from multiple landlords to recommend prices, supply, or other terms – if it facilitates agreements between landlords not to compete or helps set rental prices, renewal terms, or occupancy levels. The use of such a device creates a presumption of a conspiracy to restrain trade, which can be rebutted by showing a lack of knowledge. The Attorney General is empowered to enforce these provisions as unlawful practices. The bill applies to landlords with five or more rental units and coordinators who provide these services to any landlord, but it exempts government-sponsored housing, public housing, landlords with four or fewer units, educational institutions' housing, fraternal organization housing, and transient hotel/motel stays.

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https://apps.azleg.gov/BillStatus/BillOverview/84267