Kentucky · House Bill · 2025 Regular Session
HB358
AN ACT relating to the use of algorithmic devices in setting the amount of rent to be charged to a residential tenant

Status ● Failed Effective N/A Passage Likelihood M

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

How Is This Bill Enforced

Enforcement Authority
Enforcement through Kentucky's Consumer Protection Act (KRS 367.170). The Attorney General has primary enforcement authority under KRS Chapter 367. Private right of action availability depends on Kentucky UDAP case law — the statute itself does not independently create a private cause of action but deems violations to be unfair or deceptive trade practices under KRS 367.170.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
The bill does not specify independent penalty amounts. Violations are deemed unfair, false, misleading, or deceptive practices under KRS 367.170, making available the remedies provided under KRS Chapter 367, which may include injunctive relief, restitution, and civil penalties as determined by the Attorney General or a court.

What This Bill Requires

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.

Statutory Text
Analysis & Obligations
KRS Chapter 383, new section
Prohibition on algorithmic rent-setting devices
Deployer

(1) As used in this section, "algorithmic deviceAlgorithmic device"Algorithmic device": (a) Means a device that uses one (1) or more algorithms to perform calculations of data, including data concerning local or statewide rent amounts being charged to tenants by landlords, for the purpose of advising a landlord concerning the amount of rent that the landlord may consider charging a tenant; (b) Includes a product that incorporates an algorithmic device; and (c) Does not include a product designed internally and used exclusively by a landlord or a landlord's affiliates.KRS Chapter 383, new section (1)": (a) Means a device that uses one (1) or more algorithms to perform calculations of data, including data concerning local or statewide rent amounts being charged to tenants by landlords, for the purpose of advising a landlord concerning the amount of rent that the landlord may consider charging a tenant; (b) Includes a product that incorporates an algorithmic deviceAlgorithmic device"Algorithmic device": (a) Means a device that uses one (1) or more algorithms to perform calculations of data, including data concerning local or statewide rent amounts being charged to tenants by landlords, for the purpose of advising a landlord concerning the amount of rent that the landlord may consider charging a tenant; (b) Includes a product that incorporates an algorithmic device; and (c) Does not include a product designed internally and used exclusively by a landlord or a landlord's affiliates.KRS Chapter 383, new section (1); and (c) Does not include a product designed internally and used exclusively by a landlord or a landlord's affiliates.

(2) 1 A landlord shall not employ, use, or rely upon, or cause another person to employ, use, or rely upon, an algorithmic deviceAlgorithmic device"Algorithmic device": (a) Means a device that uses one (1) or more algorithms to perform calculations of data, including data concerning local or statewide rent amounts being charged to tenants by landlords, for the purpose of advising a landlord concerning the amount of rent that the landlord may consider charging a tenant; (b) Includes a product that incorporates an algorithmic device; and (c) Does not include a product designed internally and used exclusively by a landlord or a landlord's affiliates.KRS Chapter 383, new section (1) in setting the amount of rent to be charged to a tenant for the occupancy of a dwelling unit.

(3) 1 A violation of this section shall be deemed an unfair, false, misleading, or deceptive practice in the conduct of trade or commerce in violation of KRS 367.170.

This section creates a new prohibition within KRS Chapter 383 (Kentucky's landlord-tenant law) barring landlords from using third-party algorithmic devices to set residential rent amounts. The definition of algorithmic device is broad — covering any algorithm-based tool that processes rent data for the purpose of advising landlords on pricing — but includes a meaningful carve-out for tools designed internally and used exclusively by a landlord or its affiliates. The prohibition extends not only to direct use but also to causing another person to employ such a device on the landlord's behalf.

Enforcement is channeled through Kentucky's existing Consumer Protection Act: a violation is deemed an unfair, false, misleading, or deceptive practice under KRS 367.170, giving the Attorney General enforcement authority without the need for new regulatory infrastructure. The bill applies prospectively to rental agreements executed on or after its effective date.

Compliance actions 1 item
1
Landlords must not employ, use, or rely upon — or cause another person to employ, use, or rely upon — a third-party algorithmic deviceAlgorithmic device"Algorithmic device": (a) Means a device that uses one (1) or more algorithms to perform calculations of data, including data concerning local or statewide rent amounts being charged to tenants by landlords, for the purpose of advising a landlord concerning the amount of rent that the landlord may consider charging a tenant; (b) Includes a product that incorporates an algorithmic device; and (c) Does not include a product designed internally and used exclusively by a landlord or a landlord's affiliates.KRS Chapter 383, new section (1) to set the amount of rent charged to a residential tenant.
CP-03
Section 2
Applicability and effective date

Section 1 of this Act applies to a landlord's calculation of the amount of rent for a rental agreement executed on or after the effective date of this Act.

Section 2 establishes the prospective application of the prohibition: it applies only to a landlord's calculation of rent for rental agreements executed on or after the effective date of the Act. Existing rental agreements are not affected.

Passage Likelihood

Failed
Status Failed
Final action to Local Government (H)

Legislative History

2025-02-05 introduced in House
2025-02-05 to Committee on Committees (H)
2025-02-07 to Local Government (H)

Entry Last Reviewed

2026-05-20
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