WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
In this article, unless the context otherwise requires:
(1) "AlgorithmAlgorithm"Algorithm" means a computational process that uses a set of rules to define a sequence of operations.A.R.S. § 44-1383(1)" means a computational process that uses a set of rules to define a sequence of operations.
(2) "Algorithmic deviceAlgorithmic device"Algorithmic device": (a) Means a computational process, machine program or software that uses one or more algorithms, including a computational process derived from machine learning or other artificial intelligence techniques, that processes or calculates nonpublic competitor data to advise a landlord on how much rent to charge. (b) Does not include a report published periodically by a trade association that receives renter data in an aggregated and anonymous manner. For the purposes of this subdivision, periodic report does not include reports published that are published more than one time per month.A.R.S. § 44-1383(2)": (a) Means a computational process, machine program or software that uses one or more algorithmsAlgorithm"Algorithm" means a computational process that uses a set of rules to define a sequence of operations.A.R.S. § 44-1383(1), including a computational process derived from machine learning or other artificial intelligence techniques, that processes or calculates nonpublic competitor dataNonpublic competitor data"Nonpublic competitor data": (a) Means Information that is Not widely available or easily accessible to the public. (b) Includes any of the following: (i) Actual rental prices. (ii) Original rental price offers. (iii) Rebates and discounts offered and accepted. (iv) Additional charges for amenities or any other fees that may be assessed. (v) Rental availability. (vi) Occupancy rates. (vii) Lease start and end dates. (viii) Any other similar data regardless of whether the information is related to a specific competitor or anonymized. (ix) Information that is provided by another person that competes in the same market or related market.A.R.S. § 44-1383(7) to advise a landlordLandlord"Landlord" has the same meaning prescribed in section 33-1310 or 33-1409.A.R.S. § 44-1383(6) on how much rentRent"Rent" means payments made to a landlord or the landlord's designed agent in full consideration for the rented premises.A.R.S. § 44-1383(8) to charge. (b) Does not include a report published periodically by a trade association that receives renter data in an aggregated and anonymous manner. For the purposes of this subdivision, periodic report does not include reports published that are published more than one time per month.
(3) "Coordinating functionCoordinating function"Coordinating function" means the ability to: (a) Collect the following information from two or more persons: (i) Historical prices. (ii) Contemporary prices. (iii) Supply levels. (iv) Contract termination. (v) Renewal dates from two or more persons. (b) Analyze or process information provided in subdivision of this paragraph by using a system, software or process that computes information or uses information to train an algorithm. (c) Recommend any of the following: (i) Prices. (ii) Supply. (iii) Output. (iv) Contract renewal terms. (v) Other contractual or commercial terms.A.R.S. § 44-1383(3)" means the ability to: (a) Collect the following information from two or more persons: (i) Historical prices. (ii) Contemporary prices. (iii) Supply levels. (iv) Contract termination. (v) Renewal dates from two or more persons. (b) Analyze or process information provided in subdivision of this paragraph by using a system, software or process that computes information or uses information to train an algorithmAlgorithm"Algorithm" means a computational process that uses a set of rules to define a sequence of operations.A.R.S. § 44-1383(1). (c) Recommend any of the following: (i) Prices. (ii) Supply. (iii) Output. (iv) Contract renewal terms. (v) Other contractual or commercial terms.
(4) "CoordinatorCoordinator"Coordinator" means a person that sells, licenses the use of or operates and sells the output that is generated from an algorithmic device that performs a coordinating function for a residential rental property landlord.A.R.S. § 44-1383(4)" means a person that sells, licenses the use of or operates and sells the output that is generated from an algorithmic deviceAlgorithmic device"Algorithmic device": (a) Means a computational process, machine program or software that uses one or more algorithms, including a computational process derived from machine learning or other artificial intelligence techniques, that processes or calculates nonpublic competitor data to advise a landlord on how much rent to charge. (b) Does not include a report published periodically by a trade association that receives renter data in an aggregated and anonymous manner. For the purposes of this subdivision, periodic report does not include reports published that are published more than one time per month.A.R.S. § 44-1383(2) that performs a coordinating functionCoordinating function"Coordinating function" means the ability to: (a) Collect the following information from two or more persons: (i) Historical prices. (ii) Contemporary prices. (iii) Supply levels. (iv) Contract termination. (v) Renewal dates from two or more persons. (b) Analyze or process information provided in subdivision of this paragraph by using a system, software or process that computes information or uses information to train an algorithm. (c) Recommend any of the following: (i) Prices. (ii) Supply. (iii) Output. (iv) Contract renewal terms. (v) Other contractual or commercial terms.A.R.S. § 44-1383(3) for a residential rental propertyResidential rental property"Residential rental property": (a) Has the same meaning prescribed in section 33-1901. (b) Includes any of the following: (i) Dwelling units. (ii) Mobile home spaces. (iii) Recreational vehicle spaces.A.R.S. § 44-1383(10) landlordLandlord"Landlord" has the same meaning prescribed in section 33-1310 or 33-1409.A.R.S. § 44-1383(6).
(5) "Dwelling unitDwelling unit"Dwelling unit" has the same meaning prescribed in section 33-1310.A.R.S. § 44-1383(5)" has the same meaning prescribed in section 33-1310.
(6) "LandlordLandlord"Landlord" has the same meaning prescribed in section 33-1310 or 33-1409.A.R.S. § 44-1383(6)" has the same meaning prescribed in section 33-1310 or 33-1409.
(7) "Nonpublic competitor dataNonpublic competitor data"Nonpublic competitor data": (a) Means Information that is Not widely available or easily accessible to the public. (b) Includes any of the following: (i) Actual rental prices. (ii) Original rental price offers. (iii) Rebates and discounts offered and accepted. (iv) Additional charges for amenities or any other fees that may be assessed. (v) Rental availability. (vi) Occupancy rates. (vii) Lease start and end dates. (viii) Any other similar data regardless of whether the information is related to a specific competitor or anonymized. (ix) Information that is provided by another person that competes in the same market or related market.A.R.S. § 44-1383(7)": (a) Means Information that is Not widely available or easily accessible to the public. (b) Includes any of the following: (i) Actual rental prices. (ii) Original rental price offers. (iii) Rebates and discounts offered and accepted. (iv) Additional charges for amenities or any other fees that may be assessed. (v) Rental availability. (vi) Occupancy rates. (vii) Lease start and end dates. (viii) Any other similar data regardless of whether the information is related to a specific competitor or anonymized. (ix) Information that is provided by another person that competes in the same market or related market.
(8) "RentRent"Rent" means payments made to a landlord or the landlord's designed agent in full consideration for the rented premises.A.R.S. § 44-1383(8)" means payments made to a landlordLandlord"Landlord" has the same meaning prescribed in section 33-1310 or 33-1409.A.R.S. § 44-1383(6) or the landlordLandlord"Landlord" has the same meaning prescribed in section 33-1310 or 33-1409.A.R.S. § 44-1383(6)'s designed agent in full consideration for the rented premises.
(9) "Rental agreementRental agreement"Rental agreement" means any oral or written agreement between a landlord and a tenant for the use and occupancy of residential rental property.A.R.S. § 44-1383(9)" means any oral or written agreement between a landlordLandlord"Landlord" has the same meaning prescribed in section 33-1310 or 33-1409.A.R.S. § 44-1383(6) and a tenantTenant"Tenant" means the person entering into a rental agreement with a landlord.A.R.S. § 44-1383(11) for the use and occupancy of residential rental propertyResidential rental property"Residential rental property": (a) Has the same meaning prescribed in section 33-1901. (b) Includes any of the following: (i) Dwelling units. (ii) Mobile home spaces. (iii) Recreational vehicle spaces.A.R.S. § 44-1383(10).
(10) "Residential rental propertyResidential rental property"Residential rental property": (a) Has the same meaning prescribed in section 33-1901. (b) Includes any of the following: (i) Dwelling units. (ii) Mobile home spaces. (iii) Recreational vehicle spaces.A.R.S. § 44-1383(10)": (a) Has the same meaning prescribed in section 33-1901. (b) Includes any of the following: (i) Dwelling unitsDwelling unit"Dwelling unit" has the same meaning prescribed in section 33-1310.A.R.S. § 44-1383(5). (ii) Mobile home spaces. (iii) Recreational vehicle spaces.
(11) "TenantTenant"Tenant" means the person entering into a rental agreement with a landlord.A.R.S. § 44-1383(11)" means the person entering into a rental agreementRental agreement"Rental agreement" means any oral or written agreement between a landlord and a tenant for the use and occupancy of residential rental property.A.R.S. § 44-1383(9) with a landlordLandlord"Landlord" has the same meaning prescribed in section 33-1310 or 33-1409.A.R.S. § 44-1383(6).
This section establishes the defined terms for Article 27, including algorithmic device, coordinating function, coordinator, landlord, and nonpublic competitor data. The definition of algorithmic device is notable for its breadth — it covers any computational process derived from machine learning or AI that processes nonpublic competitor data to advise on rental pricing, but expressly excludes periodic trade association reports published no more than once per month. The definition of nonpublic competitor data is also expansive, encompassing actual and offered rental prices, occupancy data, lease dates, and any similar data regardless of anonymization.
(A) 1 A coordinatorCoordinator"Coordinator" means a person that sells, licenses the use of or operates and sells the output that is generated from an algorithmic device that performs a coordinating function for a residential rental property landlord.A.R.S. § 44-1383(4) or a landlordLandlord"Landlord" has the same meaning prescribed in section 33-1310 or 33-1409.A.R.S. § 44-1383(6) of residential rental propertyResidential rental property"Residential rental property": (a) Has the same meaning prescribed in section 33-1901. (b) Includes any of the following: (i) Dwelling units. (ii) Mobile home spaces. (iii) Recreational vehicle spaces.A.R.S. § 44-1383(10) may not use an algorithmic deviceAlgorithmic device"Algorithmic device": (a) Means a computational process, machine program or software that uses one or more algorithms, including a computational process derived from machine learning or other artificial intelligence techniques, that processes or calculates nonpublic competitor data to advise a landlord on how much rent to charge. (b) Does not include a report published periodically by a trade association that receives renter data in an aggregated and anonymous manner. For the purposes of this subdivision, periodic report does not include reports published that are published more than one time per month.A.R.S. § 44-1383(2) that uses nonpublic competitor dataNonpublic competitor data"Nonpublic competitor data": (a) Means Information that is Not widely available or easily accessible to the public. (b) Includes any of the following: (i) Actual rental prices. (ii) Original rental price offers. (iii) Rebates and discounts offered and accepted. (iv) Additional charges for amenities or any other fees that may be assessed. (v) Rental availability. (vi) Occupancy rates. (vii) Lease start and end dates. (viii) Any other similar data regardless of whether the information is related to a specific competitor or anonymized. (ix) Information that is provided by another person that competes in the same market or related market.A.R.S. § 44-1383(7) to perform a coordinating functionCoordinating function"Coordinating function" means the ability to: (a) Collect the following information from two or more persons: (i) Historical prices. (ii) Contemporary prices. (iii) Supply levels. (iv) Contract termination. (v) Renewal dates from two or more persons. (b) Analyze or process information provided in subdivision of this paragraph by using a system, software or process that computes information or uses information to train an algorithm. (c) Recommend any of the following: (i) Prices. (ii) Supply. (iii) Output. (iv) Contract renewal terms. (v) Other contractual or commercial terms.A.R.S. § 44-1383(3) of residential rental propertyResidential rental property"Residential rental property": (a) Has the same meaning prescribed in section 33-1901. (b) Includes any of the following: (i) Dwelling units. (ii) Mobile home spaces. (iii) Recreational vehicle spaces.A.R.S. § 44-1383(10) to: 1. Facilitate an agreement between two or more landlordsLandlord"Landlord" has the same meaning prescribed in section 33-1310 or 33-1409.A.R.S. § 44-1383(6) to not compete for residential agreements. 2. Set or adjust any of the following: (a) Rental prices. (b) Renewal terms. (c) Occupancy levels. (d) Any other term or condition that affects residential rental propertyResidential rental property"Residential rental property": (a) Has the same meaning prescribed in section 33-1901. (b) Includes any of the following: (i) Dwelling units. (ii) Mobile home spaces. (iii) Recreational vehicle spaces.A.R.S. § 44-1383(10).
(B)–(C) 2 B. The use of an algorithmic deviceAlgorithmic device"Algorithmic device": (a) Means a computational process, machine program or software that uses one or more algorithms, including a computational process derived from machine learning or other artificial intelligence techniques, that processes or calculates nonpublic competitor data to advise a landlord on how much rent to charge. (b) Does not include a report published periodically by a trade association that receives renter data in an aggregated and anonymous manner. For the purposes of this subdivision, periodic report does not include reports published that are published more than one time per month.A.R.S. § 44-1383(2) in violation of this section creates a rebuttable presumption of a contract or conspiracy to restrain trade or commerce: 1. As against a coordinatorCoordinator"Coordinator" means a person that sells, licenses the use of or operates and sells the output that is generated from an algorithmic device that performs a coordinating function for a residential rental property landlord.A.R.S. § 44-1383(4) when: (a) The coordinatorCoordinator"Coordinator" means a person that sells, licenses the use of or operates and sells the output that is generated from an algorithmic device that performs a coordinating function for a residential rental property landlord.A.R.S. § 44-1383(4) knew or had reason to know that one or more of the coordinatorCoordinator"Coordinator" means a person that sells, licenses the use of or operates and sells the output that is generated from an algorithmic device that performs a coordinating function for a residential rental property landlord.A.R.S. § 44-1383(4)'s customers competed as landlordsLandlord"Landlord" has the same meaning prescribed in section 33-1310 or 33-1409.A.R.S. § 44-1383(6) in the same or related market and intended that the algorithmic deviceAlgorithmic device"Algorithmic device": (a) Means a computational process, machine program or software that uses one or more algorithms, including a computational process derived from machine learning or other artificial intelligence techniques, that processes or calculates nonpublic competitor data to advise a landlord on how much rent to charge. (b) Does not include a report published periodically by a trade association that receives renter data in an aggregated and anonymous manner. For the purposes of this subdivision, periodic report does not include reports published that are published more than one time per month.A.R.S. § 44-1383(2) or the algorithmic deviceAlgorithmic device"Algorithmic device": (a) Means a computational process, machine program or software that uses one or more algorithms, including a computational process derived from machine learning or other artificial intelligence techniques, that processes or calculates nonpublic competitor data to advise a landlord on how much rent to charge. (b) Does not include a report published periodically by a trade association that receives renter data in an aggregated and anonymous manner. For the purposes of this subdivision, periodic report does not include reports published that are published more than one time per month.A.R.S. § 44-1383(2)'s output be used in that market. (b) Two or more of the coordinatorCoordinator"Coordinator" means a person that sells, licenses the use of or operates and sells the output that is generated from an algorithmic device that performs a coordinating function for a residential rental property landlord.A.R.S. § 44-1383(4)'s customers actually competed as landlordsLandlord"Landlord" has the same meaning prescribed in section 33-1310 or 33-1409.A.R.S. § 44-1383(6) in the same or related market and used the algorithmic deviceAlgorithmic device"Algorithmic device": (a) Means a computational process, machine program or software that uses one or more algorithms, including a computational process derived from machine learning or other artificial intelligence techniques, that processes or calculates nonpublic competitor data to advise a landlord on how much rent to charge. (b) Does not include a report published periodically by a trade association that receives renter data in an aggregated and anonymous manner. For the purposes of this subdivision, periodic report does not include reports published that are published more than one time per month.A.R.S. § 44-1383(2) or the algorithmic deviceAlgorithmic device"Algorithmic device": (a) Means a computational process, machine program or software that uses one or more algorithms, including a computational process derived from machine learning or other artificial intelligence techniques, that processes or calculates nonpublic competitor data to advise a landlord on how much rent to charge. (b) Does not include a report published periodically by a trade association that receives renter data in an aggregated and anonymous manner. For the purposes of this subdivision, periodic report does not include reports published that are published more than one time per month.A.R.S. § 44-1383(2)'s output. 2. As against a landlordLandlord"Landlord" has the same meaning prescribed in section 33-1310 or 33-1409.A.R.S. § 44-1383(6), when two or more landlordsLandlord"Landlord" has the same meaning prescribed in section 33-1310 or 33-1409.A.R.S. § 44-1383(6) used the same algorithmic deviceAlgorithmic device"Algorithmic device": (a) Means a computational process, machine program or software that uses one or more algorithms, including a computational process derived from machine learning or other artificial intelligence techniques, that processes or calculates nonpublic competitor data to advise a landlord on how much rent to charge. (b) Does not include a report published periodically by a trade association that receives renter data in an aggregated and anonymous manner. For the purposes of this subdivision, periodic report does not include reports published that are published more than one time per month.A.R.S. § 44-1383(2) or the algorithmic deviceAlgorithmic device"Algorithmic device": (a) Means a computational process, machine program or software that uses one or more algorithms, including a computational process derived from machine learning or other artificial intelligence techniques, that processes or calculates nonpublic competitor data to advise a landlord on how much rent to charge. (b) Does not include a report published periodically by a trade association that receives renter data in an aggregated and anonymous manner. For the purposes of this subdivision, periodic report does not include reports published that are published more than one time per month.A.R.S. § 44-1383(2)'s output within the same or related market. C. A presumption pursuant to subsection B of this section is rebuttable by clear and convincing evidence on a showing that the coordinatorCoordinator"Coordinator" means a person that sells, licenses the use of or operates and sells the output that is generated from an algorithmic device that performs a coordinating function for a residential rental property landlord.A.R.S. § 44-1383(4) or landlordLandlord"Landlord" has the same meaning prescribed in section 33-1310 or 33-1409.A.R.S. § 44-1383(6) lacked knowledge and could not have reasonably known that the algorithmic deviceAlgorithmic device"Algorithmic device": (a) Means a computational process, machine program or software that uses one or more algorithms, including a computational process derived from machine learning or other artificial intelligence techniques, that processes or calculates nonpublic competitor data to advise a landlord on how much rent to charge. (b) Does not include a report published periodically by a trade association that receives renter data in an aggregated and anonymous manner. For the purposes of this subdivision, periodic report does not include reports published that are published more than one time per month.A.R.S. § 44-1383(2) used nonpublic competitor dataNonpublic competitor data"Nonpublic competitor data": (a) Means Information that is Not widely available or easily accessible to the public. (b) Includes any of the following: (i) Actual rental prices. (ii) Original rental price offers. (iii) Rebates and discounts offered and accepted. (iv) Additional charges for amenities or any other fees that may be assessed. (v) Rental availability. (vi) Occupancy rates. (vii) Lease start and end dates. (viii) Any other similar data regardless of whether the information is related to a specific competitor or anonymized. (ix) Information that is provided by another person that competes in the same market or related market.A.R.S. § 44-1383(7).
(D) An act or practice in violation of this article is an unlawful practice under section 44-1522. The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title.
(E) The provisions of this article are cumulative and in addition to all other rights, remedies and penalties that may exist at law or in equity.
(F) This section applies to: 1. A landlordLandlord"Landlord" has the same meaning prescribed in section 33-1310 or 33-1409.A.R.S. § 44-1383(6) that has any combination of five or more dwelling unitsDwelling unit"Dwelling unit" has the same meaning prescribed in section 33-1310.A.R.S. § 44-1383(5), mobile home spaces or recreational vehicle spaces that are rented or offered for rentRent"Rent" means payments made to a landlord or the landlord's designed agent in full consideration for the rented premises.A.R.S. § 44-1383(8) at any one time. 2. A CoordinatorCoordinator"Coordinator" means a person that sells, licenses the use of or operates and sells the output that is generated from an algorithmic device that performs a coordinating function for a residential rental property landlord.A.R.S. § 44-1383(4) that either sells or licenses the use of or operates and sells the output from an algorithmic deviceAlgorithmic device"Algorithmic device": (a) Means a computational process, machine program or software that uses one or more algorithms, including a computational process derived from machine learning or other artificial intelligence techniques, that processes or calculates nonpublic competitor data to advise a landlord on how much rent to charge. (b) Does not include a report published periodically by a trade association that receives renter data in an aggregated and anonymous manner. For the purposes of this subdivision, periodic report does not include reports published that are published more than one time per month.A.R.S. § 44-1383(2) to any landlordLandlord"Landlord" has the same meaning prescribed in section 33-1310 or 33-1409.A.R.S. § 44-1383(6).
(G) This article does not apply to: 1. The use of an algorithmic deviceAlgorithmic device"Algorithmic device": (a) Means a computational process, machine program or software that uses one or more algorithms, including a computational process derived from machine learning or other artificial intelligence techniques, that processes or calculates nonpublic competitor data to advise a landlord on how much rent to charge. (b) Does not include a report published periodically by a trade association that receives renter data in an aggregated and anonymous manner. For the purposes of this subdivision, periodic report does not include reports published that are published more than one time per month.A.R.S. § 44-1383(2) that is exclusively used in a federal, state or local government sponsored housing program. 2. Public housing pursuant to title 36, chapter 12. 3. A landlordLandlord"Landlord" has the same meaning prescribed in section 33-1310 or 33-1409.A.R.S. § 44-1383(6) with not more than four of any of the following: (a) Dwelling unitsDwelling unit"Dwelling unit" has the same meaning prescribed in section 33-1310.A.R.S. § 44-1383(5). (b) Mobile home spaces. (c) Recreational vehicle spaces. 4. A dormitory or other residential property that is owned by a public or private educational or training institution. 5. Occupancy by a member of a fraternal or social organization. 6. Transient occupancy in a hotel, motel or recreational lodging.
This section contains the bill's operative prohibitions, evidentiary presumptions, enforcement mechanism, scope, and exemptions. Subsection A prohibits coordinators and landlords from using algorithmic devices that ingest nonpublic competitor data to perform a coordinating function — whether to facilitate non-compete agreements among landlords or to set or adjust rental prices, renewal terms, occupancy levels, or any other rental conditions.
Subsection B creates a rebuttable presumption of a contract or conspiracy to restrain trade when the prohibited use occurs, with distinct triggers for coordinators (knowledge that customers compete and intended use in that market) and landlords (two or more landlords using the same device or its output in the same market). The presumption is rebuttable only by clear and convincing evidence that the party lacked knowledge and could not have reasonably known the device used nonpublic competitor data. Subsection D classifies violations as unlawful practices under § 44-1522, bringing the full enforcement apparatus of Arizona's Consumer Fraud Act to bear. The bill applies to landlords with five or more units and to all coordinators, and exempts government housing programs, small landlords with four or fewer units, educational dormitories, fraternal occupancy, and transient hotel/motel lodging.