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.
(a) As used in this Section: "Nonpublic competitor informationNonpublic competitor information"Nonpublic competitor information" means information that is not available to the general public, including information about actual rent prices, occupancy rates, lease start-and-end dates, and similar data, regardless of whether the information is attributable to a specific competitor, anonymized, or derived from or otherwise provided by another person that competes in the same market or a related market.765 ILCS 705/35(a)" means information that is not available to the general public, including information about actual rent prices, occupancy rates, lease start-and-end dates, and similar data, regardless of whether the information is attributable to a specific competitor, anonymized, or derived from or otherwise provided by another person that competes in the same market or a related market. "Price coordinationPrice coordination"Price coordination" means engaging in the following acts: (1) collecting historical or contemporaneous nonpublic competitor information concerning prices, price changes, supply levels, occupancy rates, or lease or rental contract termination and renewal dates of residential rental units from 2 or more real estate lessors, whether monetary or other valuable consideration is paid to acquire or collect such information; and (2) recommending or suggesting rental prices, fees, rental terms, or occupancy levels to a real estate lessor based on such information, including when the recommendation involves the analysis or processing of information using a computational or algorithmic system, software, or process. Price coordination does not include: (A) providing information to establish rent or income limits in accordance with the affordable housing program guidelines of a governmental entity; (B) generation or use of any report, study, or presentation that provides existing rental data in an aggregated manner but does not recommend rent prices, fees, or occupancy rates or other rental contract terms for future leases; or (C) providing or using information to conduct market research for project financing, an appraisal, or research, testing, and training for software development.765 ILCS 705/35(a)" means engaging in the following acts: (1) collecting historical or contemporaneous nonpublic competitor informationNonpublic competitor information"Nonpublic competitor information" means information that is not available to the general public, including information about actual rent prices, occupancy rates, lease start-and-end dates, and similar data, regardless of whether the information is attributable to a specific competitor, anonymized, or derived from or otherwise provided by another person that competes in the same market or a related market.765 ILCS 705/35(a) concerning prices, price changes, supply levels, occupancy rates, or lease or rental contract termination and renewal dates of residential rental units from 2 or more real estate lessors, whether monetary or other valuable consideration is paid to acquire or collect such information; and (2) recommending or suggesting rental prices, fees, rental terms, or occupancy levels to a real estate lessor based on such information, including when the recommendation involves the analysis or processing of information using a computational or algorithmic system, software, or process. Price coordinationPrice coordination"Price coordination" means engaging in the following acts: (1) collecting historical or contemporaneous nonpublic competitor information concerning prices, price changes, supply levels, occupancy rates, or lease or rental contract termination and renewal dates of residential rental units from 2 or more real estate lessors, whether monetary or other valuable consideration is paid to acquire or collect such information; and (2) recommending or suggesting rental prices, fees, rental terms, or occupancy levels to a real estate lessor based on such information, including when the recommendation involves the analysis or processing of information using a computational or algorithmic system, software, or process. Price coordination does not include: (A) providing information to establish rent or income limits in accordance with the affordable housing program guidelines of a governmental entity; (B) generation or use of any report, study, or presentation that provides existing rental data in an aggregated manner but does not recommend rent prices, fees, or occupancy rates or other rental contract terms for future leases; or (C) providing or using information to conduct market research for project financing, an appraisal, or research, testing, and training for software development.765 ILCS 705/35(a) does not include: (A) providing information to establish rent or income limits in accordance with the affordable housing program guidelines of a governmental entity; (B) generation or use of any report, study, or presentation that provides existing rental data in an aggregated manner but does not recommend rent prices, fees, or occupancy rates or other rental contract terms for future leases; or (C) providing or using information to conduct market research for project financing, an appraisal, or research, testing, and training for software development.
This subsection establishes the two defined terms on which the bill's prohibitions rest. Nonpublic competitor information sweeps broadly — it covers actual rent prices, occupancy rates, and lease dates regardless of whether the data is anonymized or attributed to a specific competitor. Price coordination requires a two-step showing: collecting such nonpublic data from two or more lessors and then using it to recommend rental terms, including through algorithmic or computational processing. Three carve-outs preserve legitimate uses: affordable housing program compliance, aggregated market reports that do not recommend future lease terms, and market research for financing, appraisals, or software R&D.
(b)(1) 1 Prohibited conduct. A person may not enter into an agreement with any other person to not compete in rental pricing, fees, or any other rental term for residential rental units in the State.
(b)(2) 2 A person may not engage in price coordinationPrice coordination"Price coordination" means engaging in the following acts: (1) collecting historical or contemporaneous nonpublic competitor information concerning prices, price changes, supply levels, occupancy rates, or lease or rental contract termination and renewal dates of residential rental units from 2 or more real estate lessors, whether monetary or other valuable consideration is paid to acquire or collect such information; and (2) recommending or suggesting rental prices, fees, rental terms, or occupancy levels to a real estate lessor based on such information, including when the recommendation involves the analysis or processing of information using a computational or algorithmic system, software, or process. Price coordination does not include: (A) providing information to establish rent or income limits in accordance with the affordable housing program guidelines of a governmental entity; (B) generation or use of any report, study, or presentation that provides existing rental data in an aggregated manner but does not recommend rent prices, fees, or occupancy rates or other rental contract terms for future leases; or (C) providing or using information to conduct market research for project financing, an appraisal, or research, testing, and training for software development.765 ILCS 705/35(a) for residential rental units in the State, including through the sale, licensure, or provision of any service or product that involves price coordination of residential rental units.
(b)(3) 3 A person may not facilitate an agreement between 2 or more persons to not compete for rental pricing, fees, or any other rental term for residential rental units in the State.
(b)(4) 4 A person may not use, subscribe to, or contract or pay for, the services of another person if the services involve price coordinationPrice coordination"Price coordination" means engaging in the following acts: (1) collecting historical or contemporaneous nonpublic competitor information concerning prices, price changes, supply levels, occupancy rates, or lease or rental contract termination and renewal dates of residential rental units from 2 or more real estate lessors, whether monetary or other valuable consideration is paid to acquire or collect such information; and (2) recommending or suggesting rental prices, fees, rental terms, or occupancy levels to a real estate lessor based on such information, including when the recommendation involves the analysis or processing of information using a computational or algorithmic system, software, or process. Price coordination does not include: (A) providing information to establish rent or income limits in accordance with the affordable housing program guidelines of a governmental entity; (B) generation or use of any report, study, or presentation that provides existing rental data in an aggregated manner but does not recommend rent prices, fees, or occupancy rates or other rental contract terms for future leases; or (C) providing or using information to conduct market research for project financing, an appraisal, or research, testing, and training for software development.765 ILCS 705/35(a) or otherwise encourage or facilitate an agreement with other persons to not compete for any rental term for residential rental units in the State.
This subsection imposes the bill's four core prohibitions. Paragraph (1) is a traditional anticompetitive agreement ban — no person may agree with another not to compete on rental pricing, fees, or any other rental term. Paragraphs (2) through (4) then target the algorithmic pricing ecosystem specifically: paragraph (2) prohibits engaging in price coordination (as defined) or selling, licensing, or providing any product or service that involves price coordination; paragraph (3) prohibits facilitating anticompetitive agreements between two or more persons; and paragraph (4) prohibits the demand side — using, subscribing to, or paying for services that involve price coordination or that encourage or facilitate anticompetitive agreements. Together, these provisions target both the providers and the users of algorithmic rent-setting tools.
(c)(1) Penalties. Any person alleging a violation of this Section may bring a civil action, in accordance with applicable law, in any court of competent jurisdiction. The court may order injunctive relief, monetary relief, attorney's fees, and costs.
(c)(2) A violation of any provision of this Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General by that Act is available to the Attorney General for the enforcement of this Act.
This subsection establishes the bill's dual enforcement mechanism. Paragraph (1) creates a private right of action: any person alleging a violation may bring a civil action in any court of competent jurisdiction, and the court may award injunctive relief, monetary relief, attorney's fees, and costs. Paragraph (2) designates all violations as unlawful practices under the Illinois Consumer Fraud and Deceptive Business Practices Act, giving the Attorney General the full range of remedies and enforcement authority available under that Act — including civil penalties, injunctions, and investigative subpoenas.
Sec. 2MMMM. Violations of Section 35 of the Landlord and Tenant Act. A person who violates Section 35 of the Landlord and Tenant Act commits an unlawful practice within the meaning of this Act.
This section amends the Consumer Fraud and Deceptive Business Practices Act to formally designate violations of new Section 35 of the Landlord and Tenant Act as unlawful practices under the Consumer Fraud Act. This is a cross-referencing provision that creates no independent compliance obligation beyond what Section 35(c)(2) already establishes.