Bill > S2983

This bill, titled the Preventing Algorithmic Rent Fixing in the Rental Housing Market Act, aims to prohibit the use of certain technologies and practices in setting rental prices for residential dwelling units, which are defined as any house, apartment, or other unit intended for primary residence. Specifically, it forbids landlords or lessors from using an "algorithmic device" – defined as a computational process using machine learning or artificial intelligence that analyzes nonpublic competitor data to advise on rent amounts – or a "coordinator" – someone who operates such a device or service. This prohibition extends to determining initial rent, rent increases for renewals, or occupancy levels. The bill clarifies that "nonpublic competitor data" includes information not widely available to the public about actual rent prices, occupancy rates, and lease dates, even if anonymized, provided by other landlords. It also excludes from this definition reports from trade associations published no more frequently than monthly in an aggregated and anonymous manner, and tools used for establishing affordable housing program rent limits. Violations of this section will be treated as violations of Chapter 93A, a consumer protection law, with a civil penalty of up to $5,000 per violation, where each instance of setting or increasing rent counts as a separate violation. Successful enforcement actions will allow for the recovery of costs, attorney fees, expert fees, and investigation costs for plaintiffs, the Attorney General, or municipalities.