EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0609*
SENATE BILL 609
N1, I3 5lr2025
CF 5lr2024
By: Senators Love and Hester
Introduced and read first time: January 24, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Residential Leases – Use of Algorithmic Device by Landlord to Determine Rent – 2
Prohibition 3
FOR the purpose of prohibiting a landlord from using certain algorithmic devices to 4
determine the amount of rent to charge a residential tenant; making a violation of 5
this Act an unfair, abusive, or deceptive trade practice under the Maryland 6
Consumer Protection Act; and generally relating to a prohibition against the use of 7
certain technology by landlords to determine rent prices. 8
BY repealing and reenacting, with amendments, 9
Article – Commercial Law 10
Section 13–301(14)(xlii) 11
Annotated Code of Maryland 12
(2013 Replacement Volume and 2024 Supplement) 13
BY repealing and reenacting, without amendments, 14
Article – Commercial Law 15
Section 13–301(14)(xliii) 16
Annotated Code of Maryland 17
(2013 Replacement Volume and 2024 Supplement) 18
BY adding to 19
Article – Commercial Law 20
Section 13–301(14)(xliv) 21
Annotated Code of Maryland 22
(2013 Replacement Volume and 2024 Supplement) 23
BY adding to 24
Article – Real Property 25
Section 8–220 26
Annotated Code of Maryland 27 2 SENATE BILL 609
(2023 Replacement Volume and 2024 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Commercial Law 4
13–301. 5
Unfair, abusive, or deceptive trade practices include any: 6
(14) Violation of a provision of: 7
(xlii) Section 12–6C–09.1 of the Health Occupations Article; [or] 8
(xliii) Title 14, Subtitle 48 of this article; or 9
(XLIV) SECTION 8–220 OF THE REAL PROPERTY ARTICLE; 10
OR 11
Article – Real Property 12
8–220. 13
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 14
INDICATED. 15
(2) (I) “ALGORITHMIC DEVICE ” MEANS A DEVICE THAT USES ONE 16
OR MORE ALGORITHMS T O PERFORM CALCULATIO NS OF DATA, INCLUDING DATA 17
CONCERNING LOCAL OR STATEWIDE RENT AMOUN TS BEING CHARGED TO TENANTS 18
BY LANDLORDS , TO ADVISE A LANDLORD ON THE AMOUNT OF REN T THAT THE 19
LANDLORD MAY CONSIDER CHA RGING A TENANT . 20
(II) “ALGORITHMIC DEVICE ” INCLUDES A PRODUCT T HAT 21
INCORPORATES AN ALGO RITHMIC DEVICE . 22
(III) “ALGORITHMIC DEVICE ” DOES NOT INCLUDE : 23
1. A PERIODIC REPORT PUBL ISHED NOT MORE 24
FREQUENTLY THAN ONCE PER MONTH BY A TRADE ASSOCIATION THAT REC EIVES 25
RENTER DATA AND PUBL ISHES IT IN AN AGGRE GATED AND ANONYMOUS MANNER; 26
OR 27
2. A PRODUCT USED FOR THE PURPOSE OF 28
ESTABLISHING RENT OR INCOME LIMITS IN ACCORDANCE WITH THE AFFORDABLE 29 SENATE BILL 609 3
HOUSING PROGRAM GUID ELINES OF A LOCAL GO VERNMENT, THE STATE, THE 1
FEDERAL GOVERNMENT , OR ANOTHER POLITICAL SUBDIVISION. 2
(3) (I) “NONPUBLIC COMPETITOR DATA” MEANS INFORMATION 3
THAT IS: 4
1. NOT WIDELY AVAILABLE OR EASILY ACCESSIBLE TO 5
THE PUBLIC REGARDLES S OF WHETHER THE INF ORMATION IS ATTRIBUT ABLE TO A 6
SPECIFIC COMPETITOR OR ANONYMIZED ; AND 7
2. DERIVED FROM OR OTHER WISE PROVIDED TO A 8
PERSON BY ANOTHER PE RSON THAT COMPETES I N THE SAME MARKET AS THE 9
PERSON, OR IN A RELATED MARKET . 10
(II) “NONPUBLIC COMPETITOR DATA” INCLUDES INFORMATION 11
REGARDING: 12
1. ACTUAL RENT PRICES ; 13
2. OCCUPANCY RATES ; 14
3. LEASE START AND END D ATES; AND 15
4. OTHER SIMILAR INFORMA TION. 16
(4) “RENT” MEANS THE TOTAL AMOU NT OF RENT, INCLUDING ANY 17
CONCESSIONS AND FEES , THAT A RESIDENTIAL T ENANT IS REQUIRED TO PAY UNDER 18
A LEASE AGREEMENT . 19
(B) IN SETTING THE AMOUNT OF RENT TO BE CHARGE D FOR THE LEASE OF 20
RESIDENTIAL PROPERTY , INCLUDING DETERMININ G ANY CHANGE IN RENT TO BE 21
CHARGED FOR TH E RENEWAL OF A LEASE , A LANDLORD MAY NOT E MPLOY, USE, OR 22
RELY ON, OR CAUSE ANOTHER TO EMPLOY, USE, OR RELY ON, AN ALGORITHMIC 23
DEVICE THAT USES , INCORPORATES , OR WAS TRAINED WITH NONPUBLIC 24
COMPETITOR DATA . 25
(C) A VIOLATION OF THIS SE CTION IS: 26
(1) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 27
THE MEANING OF TITLE 13 OF THE COMMERCIAL LAW ARTICLE; AND 28
(2) SUBJECT TO THE ENFORC EMENT AND PENALTY PR OVISIONS 29
CONTAINED IN TITLE 13 OF THE COMMERCIAL LAW ARTICLE. 30 4 SENATE BILL 609
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 1
apply only prospectively and may not be applied or interpreted to have any effect on or 2
application to any landlord’s calculation of the amount of rent that the landlord charges for 3
the occupancy of a residential property under a rental agreement that is executed before 4
the effective date of this Act. 5
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2025. 7