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, the following words shall have the following meanings unless the context clearly requires otherwise: "Algorithmic deviceAlgorithmic device"Algorithmic device", any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes or calculates nonpublic competitor data for the purpose of advising a lessor or landlord concerning the amount of rent that the lessor or landlord may consider charging a tenant; provided, however that "algorithmic device" shall not include: (i) any report published periodically, but not more frequently than monthly, by a trade association that receives renter data and publishes it in an aggregated and anonymous matter; or (ii) a product used for the purpose of establishing rent or income limits in accordance with the affordable housing program guidelines of a local government, the commonwealth, the federal government or other political subdivision.Mass. Gen. Laws ch. 186, § 15G(a)", any computational process, 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", information that is not widely available or easily accessible to the public, including information about actual rent prices, occupancy rates, lease start and end dates, and similar data, regardless of whether the data are attributable to a specific competitor or anonymized, and that is derived from or otherwise provided by another person that competes in the same market as a person, or a related market.Mass. Gen. Laws ch. 186, § 15G(a) for the purpose of advising a lessor or landlord concerning the amount of rent that the lessor or landlord may consider charging a tenant; provided, however that "algorithmic deviceAlgorithmic device"Algorithmic device", any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes or calculates nonpublic competitor data for the purpose of advising a lessor or landlord concerning the amount of rent that the lessor or landlord may consider charging a tenant; provided, however that "algorithmic device" shall not include: (i) any report published periodically, but not more frequently than monthly, by a trade association that receives renter data and publishes it in an aggregated and anonymous matter; or (ii) a product used for the purpose of establishing rent or income limits in accordance with the affordable housing program guidelines of a local government, the commonwealth, the federal government or other political subdivision.Mass. Gen. Laws ch. 186, § 15G(a)" shall not include: (i) any report published periodically, but not more frequently than monthly, by a trade association that receives renter data and publishes it in an aggregated and anonymous matter; or (ii) a product used for the purpose of establishing rent or income limits in accordance with the affordable housing program guidelines of a local government, the commonwealth, the federal government or other political subdivision. "Coordinating functionCoordinating function"Coordinating function", any action that includes: (i) collecting historical or contemporaneous prices, supply levels or lease or rental contract termination and renewal dates of residential dwelling units from two or more rental property lessors or landlords; (ii) analyzing or processing of historical or contemporaneous prices, supply levels or lease or rental contract termination and renewal dates of residential dwelling units from two or more rental property lessors or landlords through use of a system, software or process that uses computation, including by using the information to train an algorithm; and (iii) recommending rental prices, lease renewal terms or ideal occupancy levels to a rental property lessor or landlord.Mass. Gen. Laws ch. 186, § 15G(a)", any action that includes: (i) collecting historical or contemporaneous prices, supply levels 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 primary residence in the state.Mass. Gen. Laws ch. 186, § 15G(a) from two or more rental property lessors or landlords; (ii) analyzing or processing of historical or contemporaneous prices, supply levels 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 primary residence in the state.Mass. Gen. Laws ch. 186, § 15G(a) from two or more rental property lessors or landlords through use of a system, software or process that uses computation, including by using the information to train an algorithm; and (iii) recommending rental prices, lease renewal terms or ideal occupancy levels to a rental property lessor or landlord. "CoordinatorCoordinator"Coordinator", any person who operates an algorithmic device, software or data analytics service that performs a coordinating function for any residential rental property lessor or landlord, including a residential rental property lessor or landlord performing a coordinating function for their own benefit.Mass. Gen. Laws ch. 186, § 15G(a)", any personPerson"Person", any natural person or persons, or any corporation, partnership, company, trust or association of persons.Mass. Gen. Laws ch. 186, § 15G(a) who operates an algorithmic deviceAlgorithmic device"Algorithmic device", any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes or calculates nonpublic competitor data for the purpose of advising a lessor or landlord concerning the amount of rent that the lessor or landlord may consider charging a tenant; provided, however that "algorithmic device" shall not include: (i) any report published periodically, but not more frequently than monthly, by a trade association that receives renter data and publishes it in an aggregated and anonymous matter; or (ii) a product used for the purpose of establishing rent or income limits in accordance with the affordable housing program guidelines of a local government, the commonwealth, the federal government or other political subdivision.Mass. Gen. Laws ch. 186, § 15G(a), software or data analytics service that performs a coordinating functionCoordinating function"Coordinating function", any action that includes: (i) collecting historical or contemporaneous prices, supply levels or lease or rental contract termination and renewal dates of residential dwelling units from two or more rental property lessors or landlords; (ii) analyzing or processing of historical or contemporaneous prices, supply levels or lease or rental contract termination and renewal dates of residential dwelling units from two or more rental property lessors or landlords through use of a system, software or process that uses computation, including by using the information to train an algorithm; and (iii) recommending rental prices, lease renewal terms or ideal occupancy levels to a rental property lessor or landlord.Mass. Gen. Laws ch. 186, § 15G(a) for any residential rental property lessor or landlord, including a residential rental property lessor or landlord performing a coordinating functionCoordinating function"Coordinating function", any action that includes: (i) collecting historical or contemporaneous prices, supply levels or lease or rental contract termination and renewal dates of residential dwelling units from two or more rental property lessors or landlords; (ii) analyzing or processing of historical or contemporaneous prices, supply levels or lease or rental contract termination and renewal dates of residential dwelling units from two or more rental property lessors or landlords through use of a system, software or process that uses computation, including by using the information to train an algorithm; and (iii) recommending rental prices, lease renewal terms or ideal occupancy levels to a rental property lessor or landlord.Mass. Gen. Laws ch. 186, § 15G(a) for their own benefit. "Nonpublic competitor dataNonpublic competitor data"Nonpublic competitor data", information that is not widely available or easily accessible to the public, including information about actual rent prices, occupancy rates, lease start and end dates, and similar data, regardless of whether the data are attributable to a specific competitor or anonymized, and that is derived from or otherwise provided by another person that competes in the same market as a person, or a related market.Mass. Gen. Laws ch. 186, § 15G(a)", information that is not widely available or easily accessible to the public, including information about actual rent prices, occupancy rates, lease start and end dates, and similar data, regardless of whether the data are attributable to a specific competitor or anonymized, and that is derived from or otherwise provided by another personPerson"Person", any natural person or persons, or any corporation, partnership, company, trust or association of persons.Mass. Gen. Laws ch. 186, § 15G(a) that competes in the same market as a personPerson"Person", any natural person or persons, or any corporation, partnership, company, trust or association of persons.Mass. Gen. Laws ch. 186, § 15G(a), or a related market. "PersonPerson"Person", any natural person or persons, or any corporation, partnership, company, trust or association of persons.Mass. Gen. Laws ch. 186, § 15G(a)", any natural personPerson"Person", any natural person or persons, or any corporation, partnership, company, trust or association of persons.Mass. Gen. Laws ch. 186, § 15G(a) or personsPerson"Person", any natural person or persons, or any corporation, partnership, company, trust or association of persons.Mass. Gen. Laws ch. 186, § 15G(a), or any corporation, partnership, company, trust or association of personsPerson"Person", any natural person or persons, or any corporation, partnership, company, trust or association of persons.Mass. Gen. Laws ch. 186, § 15G(a). "Residential Dwelling UnitResidential Dwelling Unit"Residential Dwelling Unit", any house, apartment, accessory unit or other unit intended to be used as a primary residence in the state.Mass. Gen. Laws ch. 186, § 15G(a)", any house, apartment, accessory unit or other unit intended to be used as a primary residence in the state.
This subsection establishes the defined terms for the bill. The key definitions are algorithmic device, coordinating function, coordinator, and nonpublic competitor data. Together, these terms describe a pipeline in which nonpublic rental market data from competing landlords is ingested by a computational tool, processed, and used to generate rent-pricing or occupancy-level recommendations. The definition of algorithmic device includes two carve-outs: periodic aggregated trade-association reports and affordable housing compliance tools.
Notably, the statute does not limit coverage to third-party software vendors — the definition of coordinator expressly includes a landlord performing the coordinating function for their own benefit, closing a potential self-use loophole.
(b) 1 In setting the amount of rent to be charged to a tenant for the occupancy of a residential dwelling unitResidential Dwelling Unit"Residential Dwelling Unit", any house, apartment, accessory unit or other unit intended to be used as a primary residence in the state.Mass. Gen. Laws ch. 186, § 15G(a), determining any change in the amount of rent to be charged to a tenant for the renewed occupancy of a residential dwelling unitResidential Dwelling Unit"Residential Dwelling Unit", any house, apartment, accessory unit or other unit intended to be used as a primary residence in the state.Mass. Gen. Laws ch. 186, § 15G(a), or otherwise determining what amount to charge a tenant to rent a residential dwelling unitResidential Dwelling Unit"Residential Dwelling Unit", any house, apartment, accessory unit or other unit intended to be used as a primary residence in the state.Mass. Gen. Laws ch. 186, § 15G(a), or determining occupancy levels of residential dwelling unitsResidential Dwelling Unit"Residential Dwelling Unit", any house, apartment, accessory unit or other unit intended to be used as a primary residence in the state.Mass. Gen. Laws ch. 186, § 15G(a), no lessor or landlord shall employ, use or rely upon an algorithmic deviceAlgorithmic device"Algorithmic device", any computational process, including a computational process derived from machine learning or other artificial intelligence techniques, that processes or calculates nonpublic competitor data for the purpose of advising a lessor or landlord concerning the amount of rent that the lessor or landlord may consider charging a tenant; provided, however that "algorithmic device" shall not include: (i) any report published periodically, but not more frequently than monthly, by a trade association that receives renter data and publishes it in an aggregated and anonymous matter; or (ii) a product used for the purpose of establishing rent or income limits in accordance with the affordable housing program guidelines of a local government, the commonwealth, the federal government or other political subdivision.Mass. Gen. Laws ch. 186, § 15G(a) or coordinatorCoordinator"Coordinator", any person who operates an algorithmic device, software or data analytics service that performs a coordinating function for any residential rental property lessor or landlord, including a residential rental property lessor or landlord performing a coordinating function for their own benefit.Mass. Gen. Laws ch. 186, § 15G(a).
This subsection contains the bill's core operative prohibition. It bars lessors and landlords from employing, using, or relying upon an algorithmic device or coordinator when setting initial rent, determining rent changes on renewal, or determining occupancy levels for residential dwelling units. The prohibition is broadly worded — covering not only direct use of algorithmic pricing tools but also indirect reliance on a coordinator's recommendations.
The obligation falls on the landlord or lessor (the demand-side user), not on the developer or vendor of the algorithmic tool. However, the definition of coordinator also captures the tool operator, and the ch. 93A enforcement hook in subsection (c) may reach both parties.
(c) 2 A violation of this section shall constitute a violation of section 2 of Chapter 93A.
This subsection designates violations of § 15G as unfair or deceptive acts or practices under Mass. Gen. Laws ch. 93A, § 2. This is a standard Massachusetts enforcement mechanism that brings the full ch. 93A framework to bear — including Attorney General enforcement authority, private consumer and business actions, and the treble-damages remedy for willful or knowing violations. No independent enforcement mechanism or private right of action is created by this bill itself.
This act shall take effect 90 days after its passage.
The act takes effect 90 days after passage. Because the bill has not yet been enacted, the effective date is not calculable.