New York A 4991: Prohibits the use of an algorithmic device by a landlord for the purpose of determining the amount of rent to charge a residential tenant

Bill Text

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A04991 Summary:

BILL NOA04991 

&nbsp

SAME ASSAME AS S09700

&nbsp

SPONSORBichotte Hermelyn

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §222-a, RP L

&nbsp

Prohibits the use of an algorithmic device by a landlord for the purpose of determining the amount of rent to charge a residential tenant; declares that such use is an unfair or deceptive trade practice.

Go to top A04991 Actions:

BILL NOA04991 

&nbsp

02/10/2025referred to housing

01/07/2026referred to housing

Go to topA04991 Committee&nbspVotes:

Go to topA04991 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04991 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4991

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 10, 2025
 ___________

 Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to
 the Committee on Housing

 AN ACT to amend the real property law, in relation to prohibiting the
 use of an algorithmic device by a landlord for the purpose of deter-
 mining the amount of rent to charge a residential tenant

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Legislative declaration. The legislature finds that the use
 2 of algorithmic devices has been the subject of lawsuits that allege such
 3 products pose a heightened risk of anticompetitive conduct, price
 4 fixing, and collusion, all of which allegedly result in higher rents for
 5 residential tenants, and allegedly poses the risk that landlords will
 6 outsource pricing decisions, which the legislature determines should
 7 always be made by the landlord.
 8 Therefore, the legislature declares that, with certain exceptions, the
 9 use of an algorithmic device by a landlord to set the amount of a resi-
 10 dential tenant's rent is prohibited.
 11 § 2. The real property law is amended by adding a new section 222-a to
 12 read as follows:
 13 § 222-a. Determination of rent amount; use of an algorithmic device in
 14 setting rent amount prohibited. 1. In setting the amount of rent to be
 15 charged to a tenant for the occupancy of a residential premises, includ-
 16 ing determining any change in the amount of rent to be charged for the
 17 renewed occupancy of a residential premises, a landlord shall not
 18 employ, use, or rely upon, or cause another person to employ, use, or
 19 rely upon, an algorithmic device that uses, incorporates, or was trained
 20 with nonpublic competitor data.
 21 2. A violation of subdivision one of this section is a deceptive act
 22 or practice as provided in section three hundred forty-nine of the
 23 general business law, and a person who commits a violation is subject to

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06120-01-5

 A. 4991 2

 1 all penalties and remedies described in article twenty-two-A of the
 2 general business law.
 3 3. As used in this section:
 4 a. "algorithmic device" means a device that uses one or more algo-
 5 rithms to perform calculations of data, including data concerning local
 6 or statewide rent amounts being charged to tenants by landlords, for the
 7 purpose of advising a landlord concerning the amount of rent that the
 8 landlord may consider charging a tenant. "Algorithmic device":
 9 (i) includes a product that incorporates an algorithmic device; and
 10 (ii) does not include:
 11 (A) any report published periodically, but no more frequently than
 12 monthly, by a trade association that receives renter data and publishes
 13 it in an aggregated and anonymous manner; or
 14 (B) a product used for the purpose of establishing rent or income
 15 limits in accordance with the affordable housing program guidelines of a
 16 local government, the state, the federal government, or other political
 17 subdivision.
 18 b. "Nonpublic competitor data" means information that is not widely
 19 available or easily accessible to the public, including information
 20 about actual rent prices, occupancy rates, lease start and end dates,
 21 and similar data, regardless of whether the data are attributable to a
 22 specific competitor or anonymized, and that is derived from or otherwise
 23 provided by another person that competes in the same mark