Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S994 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 1 of 1
22 SENATE DOCKET, NO. 1607 FILED ON: 1/16/2025
33 SENATE . . . . . . . . . . . . . . No. 994
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Cindy F. Friedman
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act prohibiting algorithmic rent setting.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Cindy F. FriedmanFourth MiddlesexJulian CyrCape and Islands2/13/2025 1 of 3
1616 SENATE DOCKET, NO. 1607 FILED ON: 1/16/2025
1717 SENATE . . . . . . . . . . . . . . No. 994
1818 By Ms. Friedman, a petition (accompanied by bill, Senate, No. 994) of Cindy F. Friedman and
1919 Julian Cyr for legislation to prohibit algorithmic rent setting. Housing.
2020 The Commonwealth of Massachusetts
2121 _______________
2222 In the One Hundred and Ninety-Fourth General Court
2323 (2025-2026)
2424 _______________
2525 An Act prohibiting algorithmic rent setting.
2626 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2727 of the same, as follows:
2828 1 SECTION 1. Chapter 186 of the General Laws is hereby amended by adding the
2929 2following section:-
3030 3 Section 15G. (a) As used in this section, the following words shall have the following
3131 4meanings unless the context clearly requires otherwise:
3232 5 "Algorithmic device", any computational process, including a computational process
3333 6derived from machine learning or other artificial intelligence techniques, that processes or
3434 7calculates nonpublic competitor data for the purpose of advising a lessor or landlord concerning
3535 8the amount of rent that the lessor or landlord may consider charging a tenant; provided, however
3636 9that "algorithmic device" shall not include: (i) any report published periodically, but not more
3737 10frequently than monthly, by a trade association that receives renter data and publishes it in an
3838 11aggregated and anonymous matter; or (ii) a product used for the purpose of establishing rent or 2 of 3
3939 12income limits in accordance with the affordable housing program guidelines of a local
4040 13government, the commonwealth, the federal government or other political subdivision.
4141 14 “Coordinating function”, any action that includes: (i) collecting historical or
4242 15contemporaneous prices, supply levels or lease or rental contract termination and renewal dates
4343 16of residential dwelling units from two or more rental property lessors or landlords; (ii) analyzing
4444 17or processing of historical or contemporaneous prices, supply levels or lease or rental contract
4545 18termination and renewal dates of residential dwelling units from two or more rental property
4646 19lessors or landlords through use of a system, software or process that uses computation,
4747 20including by using the information to train an algorithm; and (iii) recommending rental prices,
4848 21lease renewal terms or ideal occupancy levels to a rental property lessor or landlord.
4949 22 "Coordinator", any person who operates an algorithmic device, software or data analytics
5050 23service that performs a coordinating function for any residential rental property lessor or
5151 24landlord, including a residential rental property lessor or landlord performing a coordinating
5252 25function for their own benefit.
5353 26 "Nonpublic competitor data", information that is not widely available or easily accessible
5454 27to the public, including information about actual rent prices, occupancy rates, lease start and end
5555 28dates, and similar data, regardless of whether the data are attributable to a specific competitor or
5656 29anonymized, and that is derived from or otherwise provided by another person that competes in
5757 30the same market as a person, or a related market.
5858 31 “Person”, any natural person or persons, or any corporation, partnership, company, trust
5959 32or association of persons. 3 of 3
6060 33 "Residential Dwelling Unit", any house, apartment, accessory unit or other unit intended
6161 34to be used as a primary residence in the state.
6262 35 (b) In setting the amount of rent to be charged to a tenant for the occupancy of a
6363 36residential dwelling unit, determining any change in the amount of rent to be charged to a tenant
6464 37for the renewed occupancy of a residential dwelling unit, or otherwise determining what amount
6565 38to charge a tenant to rent a residential dwelling unit, or determining occupancy levels of
6666 39residential dwelling units, no lessor or landlord shall employ, use or rely upon an algorithmic
6767 40device or coordinator.
6868 41 (c) A violation of this section shall constitute a violation of section 2 of Chapter 93A.
6969 42 SECTION 2. This act shall take effect 90 days after its passage.