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)(1) "consciously parallel pricing coordinationconsciously parallel pricing coordination"consciously parallel pricing coordination" means a tacit agreement between two or more owners of separate properties to raise, lower, change, maintain or manipulate pricing of rent for the separate properties;Section 1(A)(1)" means a tacit agreement between two or more owners of separate properties to raise, lower, change, maintain or manipulate pricing of rent for the separate properties;
(A)(2) "coordinating functioncoordinating function"coordinating function" means: (a) collecting historical or contemporaneous prices, supply levels or lease or rental contract termination and renewal dates of dwelling units from two or more rental property owners; (b) analyzing or processing of the information described in Subparagraph (a) of this paragraph through use of a system, software or process that uses computation, including by using the information to train an algorithm; and (c) recommending rent prices, lease renewal terms or occupancy levels to an owner;Section 1(A)(2)" means: (a) collecting historical or contemporaneous prices, supply levels or lease or rental contract termination and renewal dates of dwelling units from two or more rental property owners; (b) analyzing or processing of the information described in Subparagraph (a) of this paragraph through use of a system, software or process that uses computation, including by using the information to train an algorithm; and (c) recommending rent prices, lease renewal terms or occupancy levels to an owner;
(A)(3) "coordinatorcoordinator"coordinator" means a person who operates a software or data analytics service that performs a coordinating function for an owner, including a rental property owner performing a coordinating function for the rental property owner's own benefit.Section 1(A)(3)" means a person who operates a software or data analytics service that performs a coordinating functioncoordinating function"coordinating function" means: (a) collecting historical or contemporaneous prices, supply levels or lease or rental contract termination and renewal dates of dwelling units from two or more rental property owners; (b) analyzing or processing of the information described in Subparagraph (a) of this paragraph through use of a system, software or process that uses computation, including by using the information to train an algorithm; and (c) recommending rent prices, lease renewal terms or occupancy levels to an owner;Section 1(A)(2) for an owner, including a rental property owner performing a coordinating functioncoordinating function"coordinating function" means: (a) collecting historical or contemporaneous prices, supply levels or lease or rental contract termination and renewal dates of dwelling units from two or more rental property owners; (b) analyzing or processing of the information described in Subparagraph (a) of this paragraph through use of a system, software or process that uses computation, including by using the information to train an algorithm; and (c) recommending rent prices, lease renewal terms or occupancy levels to an owner;Section 1(A)(2) for the rental property owner's own benefit.
Subsection A establishes three defined terms that frame the bill's prohibitions. Consciously parallel pricing coordination captures tacit agreements among owners to manipulate rent. Coordinating function is defined as a three-step process: collecting rental pricing and supply data from multiple owners, processing that data algorithmically, and recommending prices or occupancy levels back to owners. Coordinator covers any person operating software or a data analytics service performing a coordinating function — notably including a rental property owner doing so for their own benefit, which extends beyond the typical third-party SaaS vendor model.
(B)(1) 1 an owner or an agent of an owner to subscribe to, contract with or otherwise exchange a form of consideration in return for the use of services of a coordinatorcoordinator"coordinator" means a person who operates a software or data analytics service that performs a coordinating function for an owner, including a rental property owner performing a coordinating function for the rental property owner's own benefit.Section 1(A)(3);
(B)(2) 2 a coordinatorcoordinator"coordinator" means a person who operates a software or data analytics service that performs a coordinating function for an owner, including a rental property owner performing a coordinating function for the rental property owner's own benefit.Section 1(A)(3) to facilitate an agreement among owners of separate properties that restricts competition with respect to residential dwelling units, including by performing a coordinating functioncoordinating function"coordinating function" means: (a) collecting historical or contemporaneous prices, supply levels or lease or rental contract termination and renewal dates of dwelling units from two or more rental property owners; (b) analyzing or processing of the information described in Subparagraph (a) of this paragraph through use of a system, software or process that uses computation, including by using the information to train an algorithm; and (c) recommending rent prices, lease renewal terms or occupancy levels to an owner;Section 1(A)(2);
(B)(3) 3 two or more rental property owners to engage in consciously parallel pricing coordinationconsciously parallel pricing coordination"consciously parallel pricing coordination" means a tacit agreement between two or more owners of separate properties to raise, lower, change, maintain or manipulate pricing of rent for the separate properties;Section 1(A)(1).
Subsection B establishes the bill's three operative prohibitions. The first targets the demand side — rental property owners and their agents may not subscribe to, contract with, or exchange consideration for a coordinator's services. The second targets the supply side — coordinators may not facilitate anti-competitive agreements among owners of separate properties, including by performing the defined coordinating function. The third targets tacit collusion directly — two or more rental property owners may not engage in consciously parallel pricing coordination. Together, these prohibitions reach both the algorithmic intermediary and the property owners who use or benefit from the coordination, regardless of whether a formal agreement exists.
(C) A person who is injured by unlawful actions provided pursuant to this section may sue in a court having jurisdiction in the county in the state where the defendant resides or is found or an agent resides or is found or where service may be obtained.
Subsection C creates a private right of action for any person injured by the unlawful conduct described in Subsection B. The provision specifies venue — a court with jurisdiction in the county where the defendant or the defendant's agent resides or is found, or where service may be obtained. Notably, the bill does not specify available remedies, statutory damages, or attorney's fees, leaving injured plaintiffs to pursue whatever remedies are available at common law or under general New Mexico civil procedure.