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.
Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:
"Coordinate" "CoordinateCoordinate"Coordinate", with respect to a service provider, the: (i) collecting of historical or contemporaneous actual rent prices, price changes, supply levels, occupancy rates or lease or rental contract termination and renewal dates of residential dwelling units; (ii) analyzing or processing of the information described in clause (i), including with the use of a system, software or process that uses computation; and (iii) recommending of rental prices, lease terms, occupancy levels, or other commercial term to a real estate lessor, provided that publication of a fair market rent calculated using publicly available data shall not constitute a recommendation.G.L. c. 40Z, § 1", with respect to a service providerService provider"Service provider", any person that performs a coordination function for any real estate lessor or rentor.G.L. c. 40Z, § 1, the: (i) collecting of historical or contemporaneous actual rent prices, price changes, supply levels, occupancy rates or lease or rental contract termination and renewal dates of residential dwelling unitsResidential dwelling unit"Residential dwelling unit", any house, apartment, accessory unit or other unit intended to be used as a person's primary residence; provided, that "residential dwelling unit" shall not include inpatient medical care, licensed long-term care and detention or correctional facilities.G.L. c. 40Z, § 1; (ii) analyzing or processing of the information described in clause (i), including with the use of a system, software or process that uses computation; and (iii) recommending of rental prices, lease terms, occupancy levels, or other commercial term to a real estate lessorReal estate lessor"Real estate lessor", any individual, corporation, partnership, association, joint-stock company, trust or unincorporated organization that owns real property and leases such property or any portion thereof in the form of a residential dwelling unit.G.L. c. 40Z, § 1, provided that publication of a fair market rent calculated using publicly available data shall not constitute a recommendation.
"Person" "PersonPerson"Person", any natural person, corporation, partnership, limited liability company, firm or association.G.L. c. 40Z, § 1", any natural personPerson"Person", any natural person, corporation, partnership, limited liability company, firm or association.G.L. c. 40Z, § 1, corporation, partnership, limited liability company, firm or association.
"Predispute arbitration agreement" "Predispute arbitration agreementPredispute arbitration agreement"Predispute arbitration agreement", an agreement to arbitrate a dispute that has not yet arisen at the time of the making of the agreement.G.L. c. 40Z, § 1", an agreement to arbitrate a dispute that has not yet arisen at the time of the making of the agreement.
"Predispute joint-action waiver" "Predispute joint-action waiverPredispute joint-action waiver"Predispute joint-action waiver", an agreement, whether or not part of a predispute arbitration agreement, that would prohibit or waive the right of one of the parties to participate in a joint, class or collective action in a judicial, arbitral, administrative or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement.G.L. c. 40Z, § 1", an agreement, whether or not part of a predispute arbitration agreementPredispute arbitration agreement"Predispute arbitration agreement", an agreement to arbitrate a dispute that has not yet arisen at the time of the making of the agreement.G.L. c. 40Z, § 1, that would prohibit or waive the right of one of the parties to participate in a joint, class or collective action in a judicial, arbitral, administrative or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement.
"Real estate lessor" "Real estate lessorReal estate lessor"Real estate lessor", any individual, corporation, partnership, association, joint-stock company, trust or unincorporated organization that owns real property and leases such property or any portion thereof in the form of a residential dwelling unit.G.L. c. 40Z, § 1", any individual, corporation, partnership, association, joint-stock company, trust or unincorporated organization that owns real property and leases such property or any portion thereof in the form of a residential dwelling unitResidential dwelling unit"Residential dwelling unit", any house, apartment, accessory unit or other unit intended to be used as a person's primary residence; provided, that "residential dwelling unit" shall not include inpatient medical care, licensed long-term care and detention or correctional facilities.G.L. c. 40Z, § 1.
"Residential dwelling unit" "Residential dwelling unitResidential dwelling unit"Residential dwelling unit", any house, apartment, accessory unit or other unit intended to be used as a person's primary residence; provided, that "residential dwelling unit" shall not include inpatient medical care, licensed long-term care and detention or correctional facilities.G.L. c. 40Z, § 1", any house, apartment, accessory unit or other unit intended to be used as a personPerson"Person", any natural person, corporation, partnership, limited liability company, firm or association.G.L. c. 40Z, § 1's primary residence; provided, that "residential dwelling unitResidential dwelling unit"Residential dwelling unit", any house, apartment, accessory unit or other unit intended to be used as a person's primary residence; provided, that "residential dwelling unit" shall not include inpatient medical care, licensed long-term care and detention or correctional facilities.G.L. c. 40Z, § 1" shall not include inpatient medical care, licensed long-term care and detention or correctional facilities.
"Service provider" "Service providerService provider"Service provider", any person that performs a coordination function for any real estate lessor or rentor.G.L. c. 40Z, § 1", any personPerson"Person", any natural person, corporation, partnership, limited liability company, firm or association.G.L. c. 40Z, § 1 that performs a coordination function for any real estate lessorReal estate lessor"Real estate lessor", any individual, corporation, partnership, association, joint-stock company, trust or unincorporated organization that owns real property and leases such property or any portion thereof in the form of a residential dwelling unit.G.L. c. 40Z, § 1 or rentor.
Section 1 establishes the definitions that govern the chapter. The critical defined term is Coordinate, which describes a three-step process: collecting nonpublic rental pricing and occupancy data from residential dwelling units, computationally analyzing or processing that data, and recommending rental prices, lease terms, or occupancy levels back to a real estate lessor. A carve-out exempts publication of fair market rent calculated using publicly available data. The definition of Service provider is any person performing this coordination function, and Real estate lessor covers property owners who lease residential dwelling units. The section also defines terms that support the bill's enforcement provisions — predispute arbitration agreements and predispute joint-action waivers — setting the stage for their invalidation in Section 3.
(a) 1 No real estate lessorReal estate lessor"Real estate lessor", any individual, corporation, partnership, association, joint-stock company, trust or unincorporated organization that owns real property and leases such property or any portion thereof in the form of a residential dwelling unit.G.L. c. 40Z, § 1, or any agent or subcontractor thereof, shall subscribe to, contract with or otherwise exchange anything of value in return for the services of a service providerService provider"Service provider", any person that performs a coordination function for any real estate lessor or rentor.G.L. c. 40Z, § 1.
(b) 2 No service providerService provider"Service provider", any person that performs a coordination function for any real estate lessor or rentor.G.L. c. 40Z, § 1 shall facilitate an agreement to not compete among real estate lessorsReal estate lessor"Real estate lessor", any individual, corporation, partnership, association, joint-stock company, trust or unincorporated organization that owns real property and leases such property or any portion thereof in the form of a residential dwelling unit.G.L. c. 40Z, § 1 with respect to residential dwelling unitsResidential dwelling unit"Residential dwelling unit", any house, apartment, accessory unit or other unit intended to be used as a person's primary residence; provided, that "residential dwelling unit" shall not include inpatient medical care, licensed long-term care and detention or correctional facilities.G.L. c. 40Z, § 1.
Section 2 contains the bill's two operative prohibitions. Subsection (a) prohibits real estate lessors — and their agents and subcontractors — from subscribing to, contracting with, or exchanging anything of value for the services of a service provider that performs the coordination function defined in Section 1. This effectively bans landlords from using algorithmic pricing tools like RealPage's YieldStar that aggregate nonpublic rental data from competing properties and recommend prices. Subsection (b) independently prohibits service providers from facilitating agreements not to compete among real estate lessors with respect to residential dwelling units, capturing the horizontal coordination harm directly.
(a) A violation of this section shall also constitute an unfair method of competition, and a violation of the provisions of chapter 93 and chapter 93A. Nothing in this section shall impair or limit the applicability of either chapter or the antitrust laws, generally.
(b) Pursuant to a motion by the plaintiff promptly made, the court may award simple interest on actual damages sustained by the plaintiff for the period beginning on the date of service of the pleading of the plaintiff setting forth a claim under this chapter and ending on the date of judgment, or for any shorter period therein.
(c) At the election of the personPerson"Person", any natural person, corporation, partnership, limited liability company, firm or association.G.L. c. 40Z, § 1 alleging conduct constituting a violation of this section, or the named representative of a class or in a collective action alleging such conduct, no predispute arbitration agreementPredispute arbitration agreement"Predispute arbitration agreement", an agreement to arbitrate a dispute that has not yet arisen at the time of the making of the agreement.G.L. c. 40Z, § 1 or predispute joint-action waiverPredispute joint-action waiver"Predispute joint-action waiver", an agreement, whether or not part of a predispute arbitration agreement, that would prohibit or waive the right of one of the parties to participate in a joint, class or collective action in a judicial, arbitral, administrative or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement.G.L. c. 40Z, § 1 shall be valid or enforceable with respect to a case which is filed under federal, tribal or state or local law and relates to a violation of this chapter.
(d) In the case of any successful action to enforce liability pursuant to this chapter, the costs of the action together with reasonable attorney fees, expert fees and the costs of investigation as determined by the court shall be awarded to plaintiffs. Costs and attorney fees, expert fees and the costs of investigation shall be awarded to the attorney general or municipality where the attorney general or municipality successfully enforces this chapter.
Section 3 establishes the enforcement framework. Subsection (a) treats any violation as both an unfair method of competition and a violation of chapters 93 and 93A, incorporating the full range of remedies available under Massachusetts' consumer protection and antitrust statutes — including treble damages under Chapter 93A. Subsection (b) authorizes courts to award simple interest on actual damages from the date of service through judgment. Subsection (c) invalidates predispute arbitration agreements and predispute joint-action waivers at the plaintiff's election, ensuring that class and collective actions cannot be contractually foreclosed. Subsection (d) mandates fee-shifting for successful plaintiffs, the attorney general, and municipalities, covering attorney fees, expert fees, and investigation costs.
(i)–(ii) Section 4. In a civil action filed pursuant to the provisions of chapter 93, a complaint: (i) plausibly pleads a violation of chapter 93A if the complaint contains factual allegations demonstrating that the existence of a contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce is among the realm of plausible possibilities; and (ii) need not allege facts tending to exclude the possibility of independent action.
Section 4 lowers the pleading standard for civil actions filed under Chapter 93 that relate to violations of this chapter. A complaint satisfies the plausibility requirement if it alleges facts demonstrating that the existence of a contract, combination, or conspiracy in restraint of trade is among the realm of plausible possibilities — a notably permissive formulation. The section further provides that the complaint need not allege facts tending to exclude the possibility of independent action, effectively eliminating the Twombly-style requirement that plaintiffs in antitrust conspiracy cases plead parallel conduct plus additional facts inconsistent with unilateral behavior.