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)(xliv) SECTION 8–220 OF THE REAL PROPERTY ARTICLE;
This amendment adds a new clause to the Maryland Consumer Protection Act's enumerated list of unfair, abusive, or deceptive trade practices. A violation of new Real Property § 8-220 — the core algorithmic rent-setting prohibition — now automatically constitutes a UDAP violation under Title 13 of the Commercial Law Article. This is the enforcement bridge: it subjects landlords who use prohibited algorithmic devices to the full range of remedies and penalties available under the Maryland CPA, including Attorney General enforcement actions and private consumer suits.
(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 advise a landlord on the amount of rent that the landlord may consider charging a tenant. "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; or 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.Real Prop. § 8-220(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 total amount of rent, including any concessions and fees, that a residential tenant is required to pay under a lease agreement.Real Prop. § 8-220(A)(4) AMOUNTS BEING CHARGED TO TENANTS BY LANDLORDS, TO ADVISE A LANDLORD ON THE AMOUNT OF RENTRent"Rent" means the total amount of rent, including any concessions and fees, that a residential tenant is required to pay under a lease agreement.Real Prop. § 8-220(A)(4) THAT THE LANDLORD MAY CONSIDER CHARGING A TENANT. (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 advise a landlord on the amount of rent that the landlord may consider charging a tenant. "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; or 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.Real Prop. § 8-220(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 advise a landlord on the amount of rent that the landlord may consider charging a tenant. "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; or 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.Real Prop. § 8-220(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 advise a landlord on the amount of rent that the landlord may consider charging a tenant. "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; or 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.Real Prop. § 8-220(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; OR 2. A PRODUCT USED FOR THE PURPOSE OF ESTABLISHING RENTRent"Rent" means the total amount of rent, including any concessions and fees, that a residential tenant is required to pay under a lease agreement.Real Prop. § 8-220(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. (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 Prop. § 8-220(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 Prop. § 8-220(A)(3)" INCLUDES INFORMATION REGARDING: 1. ACTUAL RENTRent"Rent" means the total amount of rent, including any concessions and fees, that a residential tenant is required to pay under a lease agreement.Real Prop. § 8-220(A)(4) PRICES; 2. OCCUPANCY RATES; 3. LEASE START AND END DATES; AND 4. OTHER SIMILAR INFORMATION. (4) "RENTRent"Rent" means the total amount of rent, including any concessions and fees, that a residential tenant is required to pay under a lease agreement.Real Prop. § 8-220(A)(4)" MEANS THE TOTAL AMOUNT OF RENTRent"Rent" means the total amount of rent, including any concessions and fees, that a residential tenant is required to pay under a lease agreement.Real Prop. § 8-220(A)(4), INCLUDING ANY CONCESSIONS AND FEES, THAT A RESIDENTIAL TENANT IS REQUIRED TO PAY UNDER A LEASE AGREEMENT.
(B) 1 IN SETTING THE AMOUNT OF RENTRent"Rent" means the total amount of rent, including any concessions and fees, that a residential tenant is required to pay under a lease agreement.Real Prop. § 8-220(A)(4) TO BE CHARGED FOR THE LEASE OF RESIDENTIAL PROPERTY, INCLUDING DETERMINING ANY CHANGE IN RENTRent"Rent" means the total amount of rent, including any concessions and fees, that a residential tenant is required to pay under a lease agreement.Real Prop. § 8-220(A)(4) TO BE CHARGED FOR THE RENEWAL OF A LEASE, 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 advise a landlord on the amount of rent that the landlord may consider charging a tenant. "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; or 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.Real Prop. § 8-220(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 Prop. § 8-220(A)(3).
(C)(1)–(2) 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 8-220 is the operative heart of the bill. It defines three key terms — algorithmic device, nonpublic competitor data, and rent — and then imposes a flat prohibition: landlords may not use, employ, rely on, or cause another to use an algorithmic device that uses, incorporates, or was trained with nonpublic competitor data when setting residential rent, including renewal pricing.
The definition of algorithmic device is broad, encompassing any algorithm-based tool that advises landlords on rent amounts using rent market data, but it carves out two categories: aggregated anonymous monthly trade-association reports and affordable-housing compliance tools. The nonpublic competitor data definition captures competitively sensitive information — actual rent prices, occupancy rates, lease dates — that is not publicly available and originates from market competitors. Together these definitions target algorithmic rent-coordination platforms like RealPage YieldStar while exempting benign market research.
Subsection (C) designates any violation as an unfair, abusive, or deceptive trade practice subject to the full enforcement and penalty provisions of the Maryland Consumer Protection Act.
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 total amount of rent, including any concessions and fees, that a residential tenant is required to pay under a lease agreement.Real Prop. § 8-220(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 enacting clause limits the bill's application to rental agreements executed on or after the effective date. Landlords cannot be held liable under this Act for rent calculations made under rental agreements that were executed before October 1, 2025, even if those agreements are still in effect after that date.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2025.
The Act takes effect October 1, 2025.