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.
(14)(xlix) SECTION 8–222 OF THE REAL PROPERTY ARTICLE;
This amendment adds a new subparagraph (xlix) to the Maryland Consumer Protection Act's enumerated list of unfair, abusive, or deceptive trade practices, incorporating violations of the new Real Property § 8-222 (the algorithmic rent-setting prohibition). This cross-reference is the mechanism by which the substantive prohibition in § 8-222 becomes enforceable under Title 13's existing enforcement and penalty framework.
(A)(1)–(4) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED. (2) (I) "ALGORITHMIC DEVICEAlgorithmic device"Algorithmic device" means a device that uses one or more algorithms to perform calculations of data, including data concerning local or statewide rent amounts being charged to tenants by landlords, to: 1. Advise a landlord on the amount of rent that the landlord may consider charging a tenant; or 2. Recommend lease renewal terms, ideal occupancy levels, or other lease terms and conditions to a residential rental property owner or manager. "Algorithmic device" includes a product that incorporates an algorithmic device. "Algorithmic device" does not include: 1. A periodic report published not more frequently than once per month by a trade association that receives renter data and publishes it in an aggregated and anonymous manner; 2. 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 State, the federal government, or another political subdivision; or 3. Information collected by and shared among wholly owned subsidiaries of the same parent entity, or among entities or properties owned by the same owner, on historical or contemporaneous prices, supply levels, or lease or rental contract termination and renewal dates and residential dwelling units.Real Property § 8-222(A)(2)" MEANS A DEVICE THAT USES ONE OR MORE ALGORITHMS TO PERFORM CALCULATIONS OF DATA, INCLUDING DATA CONCERNING LOCAL OR STATEWIDE RENTRent"Rent" means the fixed, periodic payments that a tenant pays the landlord to reside in a rental unit.Real Property § 8-222(A)(4) AMOUNTS BEING CHARGED TO TENANTS BY LANDLORDS, TO: 1. ADVISE A LANDLORD ON THE AMOUNT OF RENTRent"Rent" means the fixed, periodic payments that a tenant pays the landlord to reside in a rental unit.Real Property § 8-222(A)(4) THAT THE LANDLORD MAY CONSIDER CHARGING A TENANT; OR 2. RECOMMEND LEASE RENEWAL TERMS, IDEAL OCCUPANCY LEVELS, OR OTHER LEASE TERMS AND CONDITIONS TO A RESIDENTIAL RENTAL PROPERTY OWNER OR MANAGER. (II) "ALGORITHMIC DEVICEAlgorithmic device"Algorithmic device" means a device that uses one or more algorithms to perform calculations of data, including data concerning local or statewide rent amounts being charged to tenants by landlords, to: 1. Advise a landlord on the amount of rent that the landlord may consider charging a tenant; or 2. Recommend lease renewal terms, ideal occupancy levels, or other lease terms and conditions to a residential rental property owner or manager. "Algorithmic device" includes a product that incorporates an algorithmic device. "Algorithmic device" does not include: 1. A periodic report published not more frequently than once per month by a trade association that receives renter data and publishes it in an aggregated and anonymous manner; 2. 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 State, the federal government, or another political subdivision; or 3. Information collected by and shared among wholly owned subsidiaries of the same parent entity, or among entities or properties owned by the same owner, on historical or contemporaneous prices, supply levels, or lease or rental contract termination and renewal dates and residential dwelling units.Real Property § 8-222(A)(2)" INCLUDES A PRODUCT THAT INCORPORATES AN ALGORITHMIC DEVICEAlgorithmic device"Algorithmic device" means a device that uses one or more algorithms to perform calculations of data, including data concerning local or statewide rent amounts being charged to tenants by landlords, to: 1. Advise a landlord on the amount of rent that the landlord may consider charging a tenant; or 2. Recommend lease renewal terms, ideal occupancy levels, or other lease terms and conditions to a residential rental property owner or manager. "Algorithmic device" includes a product that incorporates an algorithmic device. "Algorithmic device" does not include: 1. A periodic report published not more frequently than once per month by a trade association that receives renter data and publishes it in an aggregated and anonymous manner; 2. 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 State, the federal government, or another political subdivision; or 3. Information collected by and shared among wholly owned subsidiaries of the same parent entity, or among entities or properties owned by the same owner, on historical or contemporaneous prices, supply levels, or lease or rental contract termination and renewal dates and residential dwelling units.Real Property § 8-222(A)(2). (III) "ALGORITHMIC DEVICEAlgorithmic device"Algorithmic device" means a device that uses one or more algorithms to perform calculations of data, including data concerning local or statewide rent amounts being charged to tenants by landlords, to: 1. Advise a landlord on the amount of rent that the landlord may consider charging a tenant; or 2. Recommend lease renewal terms, ideal occupancy levels, or other lease terms and conditions to a residential rental property owner or manager. "Algorithmic device" includes a product that incorporates an algorithmic device. "Algorithmic device" does not include: 1. A periodic report published not more frequently than once per month by a trade association that receives renter data and publishes it in an aggregated and anonymous manner; 2. 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 State, the federal government, or another political subdivision; or 3. Information collected by and shared among wholly owned subsidiaries of the same parent entity, or among entities or properties owned by the same owner, on historical or contemporaneous prices, supply levels, or lease or rental contract termination and renewal dates and residential dwelling units.Real Property § 8-222(A)(2)" DOES NOT INCLUDE: 1. A PERIODIC REPORT PUBLISHED NOT MORE FREQUENTLY THAN ONCE PER MONTH BY A TRADE ASSOCIATION THAT RECEIVES RENTER DATA AND PUBLISHES IT IN AN AGGREGATED AND ANONYMOUS MANNER; 2. A PRODUCT USED FOR THE PURPOSE OF ESTABLISHING RENTRent"Rent" means the fixed, periodic payments that a tenant pays the landlord to reside in a rental unit.Real Property § 8-222(A)(4) OR INCOME LIMITS IN ACCORDANCE WITH THE AFFORDABLE HOUSING PROGRAM GUIDELINES OF A LOCAL GOVERNMENT, THE STATE, THE FEDERAL GOVERNMENT, OR ANOTHER POLITICAL SUBDIVISION; OR 3. INFORMATION COLLECTED BY AND SHARED AMONG WHOLLY OWNED SUBSIDIARIES OF THE SAME PARENT ENTITY, OR AMONG ENTITIES OR PROPERTIES OWNED BY THE SAME OWNER, ON HISTORICAL OR CONTEMPORANEOUS PRICES, SUPPLY LEVELS, OR LEASE OR RENTAL CONTRACT TERMINATION AND RENEWAL DATES AND RESIDENTIAL DWELLING UNITS. (3) (I) "NONPUBLIC COMPETITOR DATANonpublic competitor data"Nonpublic competitor data" means information that is: 1. Not widely available or easily accessible to the public regardless of whether the information is attributable to a specific competitor or anonymized; and 2. Derived from or otherwise provided to a person by another person that competes in the same market as the person, or in a related market. "Nonpublic competitor data" includes information regarding: 1. Actual rent prices; 2. Occupancy rates; 3. Lease start and end dates; and 4. Other similar information.Real Property § 8-222(A)(3)" MEANS INFORMATION THAT IS: 1. NOT WIDELY AVAILABLE OR EASILY ACCESSIBLE TO THE PUBLIC REGARDLESS OF WHETHER THE INFORMATION IS ATTRIBUTABLE TO A SPECIFIC COMPETITOR OR ANONYMIZED; AND 2. DERIVED FROM OR OTHERWISE PROVIDED TO A PERSON BY ANOTHER PERSON THAT COMPETES IN THE SAME MARKET AS THE PERSON, OR IN A RELATED MARKET. (II) "NONPUBLIC COMPETITOR DATANonpublic competitor data"Nonpublic competitor data" means information that is: 1. Not widely available or easily accessible to the public regardless of whether the information is attributable to a specific competitor or anonymized; and 2. Derived from or otherwise provided to a person by another person that competes in the same market as the person, or in a related market. "Nonpublic competitor data" includes information regarding: 1. Actual rent prices; 2. Occupancy rates; 3. Lease start and end dates; and 4. Other similar information.Real Property § 8-222(A)(3)" INCLUDES INFORMATION REGARDING: 1. ACTUAL RENTRent"Rent" means the fixed, periodic payments that a tenant pays the landlord to reside in a rental unit.Real Property § 8-222(A)(4) PRICES; 2. OCCUPANCY RATES; 3. LEASE START AND END DATES; AND 4. OTHER SIMILAR INFORMATION. (4) "RENTRent"Rent" means the fixed, periodic payments that a tenant pays the landlord to reside in a rental unit.Real Property § 8-222(A)(4)" MEANS THE FIXED, PERIODIC PAYMENTS THAT A TENANT PAYS THE LANDLORD TO RESIDE IN A RENTAL UNIT.
(B) 1 A LANDLORD MAY NOT EMPLOY, USE, OR RELY ON, OR CAUSE ANOTHER TO EMPLOY, USE, OR RELY ON, AN ALGORITHMIC DEVICEAlgorithmic device"Algorithmic device" means a device that uses one or more algorithms to perform calculations of data, including data concerning local or statewide rent amounts being charged to tenants by landlords, to: 1. Advise a landlord on the amount of rent that the landlord may consider charging a tenant; or 2. Recommend lease renewal terms, ideal occupancy levels, or other lease terms and conditions to a residential rental property owner or manager. "Algorithmic device" includes a product that incorporates an algorithmic device. "Algorithmic device" does not include: 1. A periodic report published not more frequently than once per month by a trade association that receives renter data and publishes it in an aggregated and anonymous manner; 2. 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 State, the federal government, or another political subdivision; or 3. Information collected by and shared among wholly owned subsidiaries of the same parent entity, or among entities or properties owned by the same owner, on historical or contemporaneous prices, supply levels, or lease or rental contract termination and renewal dates and residential dwelling units.Real Property § 8-222(A)(2) THAT USES, INCORPORATES, OR WAS TRAINED WITH NONPUBLIC COMPETITOR DATANonpublic competitor data"Nonpublic competitor data" means information that is: 1. Not widely available or easily accessible to the public regardless of whether the information is attributable to a specific competitor or anonymized; and 2. Derived from or otherwise provided to a person by another person that competes in the same market as the person, or in a related market. "Nonpublic competitor data" includes information regarding: 1. Actual rent prices; 2. Occupancy rates; 3. Lease start and end dates; and 4. Other similar information.Real Property § 8-222(A)(3) TO SET: (1) THE AMOUNT OF RENTRent"Rent" means the fixed, periodic payments that a tenant pays the landlord to reside in a rental unit.Real Property § 8-222(A)(4) TO BE CHARGED FOR THE LEASE OF RESIDENTIAL PROPERTY, INCLUDING DETERMINING ANY CHANGE IN RENTRent"Rent" means the fixed, periodic payments that a tenant pays the landlord to reside in a rental unit.Real Property § 8-222(A)(4) TO BE CHARGED FOR THE RENEWAL OF A LEASE; (2) LEASE RENEWAL TERMS; (3) OCCUPANCY LEVELS; OR (4) OTHER LEASE TERMS AND CONDITIONS.
(C) A VIOLATION OF THIS SECTION IS: (1) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE PRACTICE WITHIN THE MEANING OF TITLE 13 OF THE COMMERCIAL LAW ARTICLE; AND (2) SUBJECT TO THE ENFORCEMENT AND PENALTY PROVISIONS CONTAINED IN TITLE 13 OF THE COMMERCIAL LAW ARTICLE.
Section 8-222 is the operative core of the bill. It defines algorithmic device and nonpublic competitor data, then prohibits landlords from employing, using, or relying on — or causing another to employ, use, or rely on — an algorithmic device that uses, incorporates, or was trained with nonpublic competitor data to set rent amounts, lease renewal terms, occupancy levels, or other lease terms and conditions for residential property.
The definition of algorithmic device is broad, covering any device using algorithms to advise on rent or recommend lease terms, but includes three significant carve-outs: aggregated anonymous trade association reports, affordable housing compliance tools, and intra-entity data sharing among commonly owned properties. The prohibition is triggered specifically by the combination of an algorithmic device and nonpublic competitor data — a landlord using an algorithmic tool trained solely on publicly available data or the landlord's own internal data would not violate the statute. Violations are classified as unfair, abusive, or deceptive trade practices subject to existing Maryland Consumer Protection Act enforcement.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to apply only prospectively and may not be applied or interpreted to have any effect on or application to any landlord's calculation of the amount of rentRent"Rent" means the fixed, periodic payments that a tenant pays the landlord to reside in a rental unit.Real Property § 8-222(A)(4) that the landlord charges for the occupancy of a residential property under a rental agreement that is executed before the effective date of this Act.
This uncodified section specifies that the Act applies only prospectively and may not be applied to any landlord's rent calculation under a rental agreement executed before the effective date. This protects landlords who entered into leases using algorithmic pricing tools before October 1, 2026 from retroactive liability.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2026.
The Act takes effect October 1, 2026.