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)–(5) As used in this section: (1) "AlgorithmAlgorithm"Algorithm" means a computational process that uses a set of rules to define a sequence of operations;Tenn. Code Ann. § 47-25-1xx(a)(1)" means a computational process that uses a set of rules to define a sequence of operations; (2) "Algorithmic deviceAlgorithmic device"Algorithmic device" means any machine, device, computer program, or computer software that on its own or with human assistance performs a coordinating function;Tenn. Code Ann. § 47-25-1xx(a)(2)" means any machine, device, computer program, or computer software that on its own or with human assistance performs a coordinating functionCoordinating function"Coordinating function": (A) Means performing all of the following subfunctions: (i) Collecting historical or contemporaneous prices, supply levels, or lease or rental contract termination and renewal dates of residential dwelling units from two (2) or more residential rental property owners or managers; provided, that at least two (2) such residential rental property owners or managers are not wholly owned subsidiaries of the same parent entity or otherwise owned or managed by the same residential rental property owner or manager; (ii) Analyzing or processing the information described in subdivision (a)(3)(A)(i) using a system, software, or process that uses computation, including by using that information to train an algorithm; and (iii) Recommending rental prices, lease renewal terms, ideal occupancy levels, or other lease terms and conditions to a residential rental property owner or manager; and (B) Does not include a product used for the purpose of establishing rent or income limits in accordance with an affordable housing program administered by a federal, state, or local government or other political subdivision;Tenn. Code Ann. § 47-25-1xx(a)(3); (3) "Coordinating functionCoordinating function"Coordinating function": (A) Means performing all of the following subfunctions: (i) Collecting historical or contemporaneous prices, supply levels, or lease or rental contract termination and renewal dates of residential dwelling units from two (2) or more residential rental property owners or managers; provided, that at least two (2) such residential rental property owners or managers are not wholly owned subsidiaries of the same parent entity or otherwise owned or managed by the same residential rental property owner or manager; (ii) Analyzing or processing the information described in subdivision (a)(3)(A)(i) using a system, software, or process that uses computation, including by using that information to train an algorithm; and (iii) Recommending rental prices, lease renewal terms, ideal occupancy levels, or other lease terms and conditions to a residential rental property owner or manager; and (B) Does not include a product used for the purpose of establishing rent or income limits in accordance with an affordable housing program administered by a federal, state, or local government or other political subdivision;Tenn. Code Ann. § 47-25-1xx(a)(3)": (A) Means performing all of the following subfunctions: (i) Collecting historical or contemporaneous prices, supply levels, or lease or rental contract termination and renewal dates of residential dwelling units from two (2) or more residential rental property owners or managers; provided, that at least two (2) such residential rental property owners or managers are not wholly owned subsidiaries of the same parent entity or otherwise owned or managed by the same residential rental property owner or managerResidential rental property owner or manager"Residential rental property owner or manager" means an individual or entity that owns or is a beneficial owner of, directly or indirectly, in whole or in part, or manages one (1) or more residential rental dwelling units in this state.Tenn. Code Ann. § 47-25-1xx(a)(5); (ii) Analyzing or processing the information described in subdivision (a)(3)(A)(i) using a system, software, or process that uses computation, including by using that information to train an algorithmAlgorithm"Algorithm" means a computational process that uses a set of rules to define a sequence of operations;Tenn. Code Ann. § 47-25-1xx(a)(1); and (iii) Recommending rental prices, lease renewal terms, ideal occupancy levels, or other lease terms and conditions to a residential rental property owner or managerResidential rental property owner or manager"Residential rental property owner or manager" means an individual or entity that owns or is a beneficial owner of, directly or indirectly, in whole or in part, or manages one (1) or more residential rental dwelling units in this state.Tenn. Code Ann. § 47-25-1xx(a)(5); and (B) Does not include a product used for the purpose of establishing rent or income limits in accordance with an affordable housing program administered by a federal, state, or local government or other political subdivision; (4) "PersonPerson"Person" means a natural person or a legal entity;Tenn. Code Ann. § 47-25-1xx(a)(4)" means a natural personPerson"Person" means a natural person or a legal entity;Tenn. Code Ann. § 47-25-1xx(a)(4) or a legal entity; and (5) "Residential rental property owner or managerResidential rental property owner or manager"Residential rental property owner or manager" means an individual or entity that owns or is a beneficial owner of, directly or indirectly, in whole or in part, or manages one (1) or more residential rental dwelling units in this state.Tenn. Code Ann. § 47-25-1xx(a)(5)" means an individual or entity that owns or is a beneficial owner of, directly or indirectly, in whole or in part, or manages one (1) or more residential rental dwelling units in this state.
This subsection defines the key terms used throughout the Stop Rent Rigging Act. The central concept is the coordinating function, which captures the full pipeline of algorithmic rent-coordination: collecting competitor pricing data from two or more non-affiliated landlords, computationally processing that data (including training algorithms), and recommending rental prices or lease terms back to landlords. The definition is carefully scoped to require all three subfunctions, meaning a tool that merely collects data without making recommendations would not be captured. Products used solely for government-administered affordable housing programs are expressly carved out.
(b) 1 It is an unlawful restraint of trade or commerce for a personPerson"Person" means a natural person or a legal entity;Tenn. Code Ann. § 47-25-1xx(a)(4) to knowingly or recklessly facilitate an agreement between or among two (2) or more residential rental property owners or managers to not compete with respect to residential rental dwelling units, including by operating or licensing a software, data analytics service, or algorithmic deviceAlgorithmic device"Algorithmic device" means any machine, device, computer program, or computer software that on its own or with human assistance performs a coordinating function;Tenn. Code Ann. § 47-25-1xx(a)(2) that performs a coordinating functionCoordinating function"Coordinating function": (A) Means performing all of the following subfunctions: (i) Collecting historical or contemporaneous prices, supply levels, or lease or rental contract termination and renewal dates of residential dwelling units from two (2) or more residential rental property owners or managers; provided, that at least two (2) such residential rental property owners or managers are not wholly owned subsidiaries of the same parent entity or otherwise owned or managed by the same residential rental property owner or manager; (ii) Analyzing or processing the information described in subdivision (a)(3)(A)(i) using a system, software, or process that uses computation, including by using that information to train an algorithm; and (iii) Recommending rental prices, lease renewal terms, ideal occupancy levels, or other lease terms and conditions to a residential rental property owner or manager; and (B) Does not include a product used for the purpose of establishing rent or income limits in accordance with an affordable housing program administered by a federal, state, or local government or other political subdivision;Tenn. Code Ann. § 47-25-1xx(a)(3) on behalf of or between and among such residential rental property owners or managers.
Subsection (b) creates the supply-side prohibition: it is an unlawful restraint of trade for any person to knowingly or recklessly facilitate an agreement among two or more non-affiliated residential rental property owners or managers not to compete, including by operating or licensing software, a data analytics service, or an algorithmic device that performs a coordinating function. This provision targets the developers and operators of algorithmic rent-coordination platforms — most prominently the type of revenue management software at issue in recent federal antitrust litigation against RealPage. The mens rea requirement is knowledge or recklessness, not strict liability.
(c) 2 It is an unlawful restraint of trade or commerce for a residential rental property owner or managerResidential rental property owner or manager"Residential rental property owner or manager" means an individual or entity that owns or is a beneficial owner of, directly or indirectly, in whole or in part, or manages one (1) or more residential rental dwelling units in this state.Tenn. Code Ann. § 47-25-1xx(a)(5) to knowingly or recklessly set or adjust rental prices, lease renewal terms, occupancy levels, or other lease terms and conditions in one (1) or more of the owner's or manager's residential rental properties based on recommendations from a software, data analytics service, or algorithmic deviceAlgorithmic device"Algorithmic device" means any machine, device, computer program, or computer software that on its own or with human assistance performs a coordinating function;Tenn. Code Ann. § 47-25-1xx(a)(2) performing a coordinating functionCoordinating function"Coordinating function": (A) Means performing all of the following subfunctions: (i) Collecting historical or contemporaneous prices, supply levels, or lease or rental contract termination and renewal dates of residential dwelling units from two (2) or more residential rental property owners or managers; provided, that at least two (2) such residential rental property owners or managers are not wholly owned subsidiaries of the same parent entity or otherwise owned or managed by the same residential rental property owner or manager; (ii) Analyzing or processing the information described in subdivision (a)(3)(A)(i) using a system, software, or process that uses computation, including by using that information to train an algorithm; and (iii) Recommending rental prices, lease renewal terms, ideal occupancy levels, or other lease terms and conditions to a residential rental property owner or manager; and (B) Does not include a product used for the purpose of establishing rent or income limits in accordance with an affordable housing program administered by a federal, state, or local government or other political subdivision;Tenn. Code Ann. § 47-25-1xx(a)(3).
Subsection (c) creates the demand-side prohibition: it is an unlawful restraint of trade for a residential rental property owner or manager to knowingly or recklessly set or adjust rental prices, lease renewal terms, occupancy levels, or other lease terms based on recommendations from software, a data analytics service, or an algorithmic device performing a coordinating function. This closes the loop by making the end users of coordinating tools independently liable, not just the tool providers. Like subsection (b), the mens rea is knowledge or recklessness.
(d) A violation of subsection (b) or (c) is subject to the same civil and criminal penalties as a violation of § 47-25-101.
Subsection (d) incorporates the existing Tennessee antitrust penalty framework by reference: violations of either the supply-side prohibition (subsection (b)) or the demand-side prohibition (subsection (c)) are subject to the same civil and criminal penalties as a violation of Tenn. Code Ann. § 47-25-101. This means treble damages for private plaintiffs under § 47-25-106, plus criminal fines and imprisonment under § 47-25-109. The bill does not create an independent penalty schedule.
This act takes effect July 1, 2026, the public welfare requiring it.
The act takes effect July 1, 2026.