WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
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.
"Algorithmic pricing deviceAlgorithmic pricing device"Algorithmic pricing device" means any automated system, software, tool, platform, or service that uses algorithms, machine learning, predictive analytics, or similar computational methods to generate, recommend, or influence rental prices or rent-increase amounts for dwelling units. "Algorithmic pricing device" does not include (i) a landlord's internal spreadsheets or manual analyses or (ii) any publicly available market-rent survey that does not rely on individualized landlord or tenant data.Va. Code § 55.1-1200" means any automated system, software, tool, platform, or service that uses algorithms, machine learning, predictive analytics, or similar computational methods to generate, recommend, or influence rental prices or rent-increase amounts for dwelling unitsDwelling unit"Dwelling unit" means a structure or part of a structure that is used as a home or residence by one or more persons who maintain a household, including a manufactured home, as defined in § 55.1-1300.Va. Code § 55.1-1200. "Algorithmic pricing deviceAlgorithmic pricing device"Algorithmic pricing device" means any automated system, software, tool, platform, or service that uses algorithms, machine learning, predictive analytics, or similar computational methods to generate, recommend, or influence rental prices or rent-increase amounts for dwelling units. "Algorithmic pricing device" does not include (i) a landlord's internal spreadsheets or manual analyses or (ii) any publicly available market-rent survey that does not rely on individualized landlord or tenant data.Va. Code § 55.1-1200" does not include (i) a landlordLandlord"Landlord" means the owner, lessor, or sublessor of the dwelling unit or the building of which such dwelling unit is a part. "Landlord" also includes a managing agent of the premises who fails to disclose the name of such owner, lessor, or sublessor. Such managing agent shall be subject to the provisions of § 16.1-88.03. "Landlord" does not include a community land trust.Va. Code § 55.1-1200's internal spreadsheets or manual analyses or (ii) any publicly available market-rent survey that does not rely on individualized landlordLandlord"Landlord" means the owner, lessor, or sublessor of the dwelling unit or the building of which such dwelling unit is a part. "Landlord" also includes a managing agent of the premises who fails to disclose the name of such owner, lessor, or sublessor. Such managing agent shall be subject to the provisions of § 16.1-88.03. "Landlord" does not include a community land trust.Va. Code § 55.1-1200 or tenantTenant"Tenant" means a person entitled only under the terms of a rental agreement to occupy a dwelling unit to the exclusion of others and includes a roomer. "Tenant" does not include (i) an authorized occupant, (ii) a guest or invitee, or (iii) any person who guarantees or cosigns the payment of the financial obligations of a rental agreement but has no right to occupy a dwelling unit.Va. Code § 55.1-1200 data.
This section adds the defined term algorithmic pricing device to the Virginia Residential Landlord and Tenant Act's existing definitions section. The definition is broad, covering any automated system, software, tool, platform, or service that uses algorithms, machine learning, predictive analytics, or similar computational methods to generate, recommend, or influence rental prices or rent-increase amounts. It carves out landlords' internal spreadsheets, manual analyses, and publicly available market-rent surveys that do not rely on individualized landlord or tenant data.
(A) For purposes of this section, "landlordLandlord"Landlord" means the owner, lessor, or sublessor of the dwelling unit or the building of which such dwelling unit is a part. "Landlord" also includes a managing agent of the premises who fails to disclose the name of such owner, lessor, or sublessor. Such managing agent shall be subject to the provisions of § 16.1-88.03. "Landlord" does not include a community land trust.Va. Code § 55.1-1200" means a landlordLandlord"Landlord" means the owner, lessor, or sublessor of the dwelling unit or the building of which such dwelling unit is a part. "Landlord" also includes a managing agent of the premises who fails to disclose the name of such owner, lessor, or sublessor. Such managing agent shall be subject to the provisions of § 16.1-88.03. "Landlord" does not include a community land trust.Va. Code § 55.1-1200 who owns more than 10 rental dwelling unitsDwelling unit"Dwelling unit" means a structure or part of a structure that is used as a home or residence by one or more persons who maintain a household, including a manufactured home, as defined in § 55.1-1300.Va. Code § 55.1-1200 or more than a 10 percent interest in more than 10 rental dwelling unitsDwelling unit"Dwelling unit" means a structure or part of a structure that is used as a home or residence by one or more persons who maintain a household, including a manufactured home, as defined in § 55.1-1300.Va. Code § 55.1-1200, whether individually or through a business entity, in the Commonwealth.
(B) 1 A landlordLandlord"Landlord" means the owner, lessor, or sublessor of the dwelling unit or the building of which such dwelling unit is a part. "Landlord" also includes a managing agent of the premises who fails to disclose the name of such owner, lessor, or sublessor. Such managing agent shall be subject to the provisions of § 16.1-88.03. "Landlord" does not include a community land trust.Va. Code § 55.1-1200 who uses an algorithmic pricing deviceAlgorithmic pricing device"Algorithmic pricing device" means any automated system, software, tool, platform, or service that uses algorithms, machine learning, predictive analytics, or similar computational methods to generate, recommend, or influence rental prices or rent-increase amounts for dwelling units. "Algorithmic pricing device" does not include (i) a landlord's internal spreadsheets or manual analyses or (ii) any publicly available market-rent survey that does not rely on individualized landlord or tenant data.Va. Code § 55.1-1200 to establish the advertised rent, renewal rent, or rent offered to a prospective tenantTenant"Tenant" means a person entitled only under the terms of a rental agreement to occupy a dwelling unit to the exclusion of others and includes a roomer. "Tenant" does not include (i) an authorized occupant, (ii) a guest or invitee, or (iii) any person who guarantees or cosigns the payment of the financial obligations of a rental agreement but has no right to occupy a dwelling unit.Va. Code § 55.1-1200 shall disclose such use in writing to the tenantTenant"Tenant" means a person entitled only under the terms of a rental agreement to occupy a dwelling unit to the exclusion of others and includes a roomer. "Tenant" does not include (i) an authorized occupant, (ii) a guest or invitee, or (iii) any person who guarantees or cosigns the payment of the financial obligations of a rental agreement but has no right to occupy a dwelling unit.Va. Code § 55.1-1200 or the prospective tenantTenant"Tenant" means a person entitled only under the terms of a rental agreement to occupy a dwelling unit to the exclusion of others and includes a roomer. "Tenant" does not include (i) an authorized occupant, (ii) a guest or invitee, or (iii) any person who guarantees or cosigns the payment of the financial obligations of a rental agreement but has no right to occupy a dwelling unit.Va. Code § 55.1-1200. Such disclosure shall include (i) a statement that an algorithmic pricing deviceAlgorithmic pricing device"Algorithmic pricing device" means any automated system, software, tool, platform, or service that uses algorithms, machine learning, predictive analytics, or similar computational methods to generate, recommend, or influence rental prices or rent-increase amounts for dwelling units. "Algorithmic pricing device" does not include (i) a landlord's internal spreadsheets or manual analyses or (ii) any publicly available market-rent survey that does not rely on individualized landlord or tenant data.Va. Code § 55.1-1200 was used in determining the rent and (ii) the name of the software, platform, or service used. Such disclosure shall be provided prior to the execution of a written rental agreementRental agreement"Rental agreement" or "lease agreement" means all rental agreements, written or oral, and valid rules and regulations adopted under § 55.1-1228 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.Va. Code § 55.1-1200 or, in the case of an oral rental agreementRental agreement"Rental agreement" or "lease agreement" means all rental agreements, written or oral, and valid rules and regulations adopted under § 55.1-1228 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.Va. Code § 55.1-1200, prior to occupancy by the tenantTenant"Tenant" means a person entitled only under the terms of a rental agreement to occupy a dwelling unit to the exclusion of others and includes a roomer. "Tenant" does not include (i) an authorized occupant, (ii) a guest or invitee, or (iii) any person who guarantees or cosigns the payment of the financial obligations of a rental agreement but has no right to occupy a dwelling unit.Va. Code § 55.1-1200.
(C) 2 Upon request, a landlordLandlord"Landlord" means the owner, lessor, or sublessor of the dwelling unit or the building of which such dwelling unit is a part. "Landlord" also includes a managing agent of the premises who fails to disclose the name of such owner, lessor, or sublessor. Such managing agent shall be subject to the provisions of § 16.1-88.03. "Landlord" does not include a community land trust.Va. Code § 55.1-1200 shall provide to the tenantTenant"Tenant" means a person entitled only under the terms of a rental agreement to occupy a dwelling unit to the exclusion of others and includes a roomer. "Tenant" does not include (i) an authorized occupant, (ii) a guest or invitee, or (iii) any person who guarantees or cosigns the payment of the financial obligations of a rental agreement but has no right to occupy a dwelling unit.Va. Code § 55.1-1200 or prospective tenantTenant"Tenant" means a person entitled only under the terms of a rental agreement to occupy a dwelling unit to the exclusion of others and includes a roomer. "Tenant" does not include (i) an authorized occupant, (ii) a guest or invitee, or (iii) any person who guarantees or cosigns the payment of the financial obligations of a rental agreement but has no right to occupy a dwelling unit.Va. Code § 55.1-1200 a plain-language summary of the general factors considered by the algorithmic pricing deviceAlgorithmic pricing device"Algorithmic pricing device" means any automated system, software, tool, platform, or service that uses algorithms, machine learning, predictive analytics, or similar computational methods to generate, recommend, or influence rental prices or rent-increase amounts for dwelling units. "Algorithmic pricing device" does not include (i) a landlord's internal spreadsheets or manual analyses or (ii) any publicly available market-rent survey that does not rely on individualized landlord or tenant data.Va. Code § 55.1-1200 in determining rent. However, a landlordLandlord"Landlord" means the owner, lessor, or sublessor of the dwelling unit or the building of which such dwelling unit is a part. "Landlord" also includes a managing agent of the premises who fails to disclose the name of such owner, lessor, or sublessor. Such managing agent shall be subject to the provisions of § 16.1-88.03. "Landlord" does not include a community land trust.Va. Code § 55.1-1200 shall not be required to disclose proprietary formulas, source code, weighting of inputs, or other trade secrets.
(D) 3 Upon request, a tenantTenant"Tenant" means a person entitled only under the terms of a rental agreement to occupy a dwelling unit to the exclusion of others and includes a roomer. "Tenant" does not include (i) an authorized occupant, (ii) a guest or invitee, or (iii) any person who guarantees or cosigns the payment of the financial obligations of a rental agreement but has no right to occupy a dwelling unit.Va. Code § 55.1-1200 or prospective tenantTenant"Tenant" means a person entitled only under the terms of a rental agreement to occupy a dwelling unit to the exclusion of others and includes a roomer. "Tenant" does not include (i) an authorized occupant, (ii) a guest or invitee, or (iii) any person who guarantees or cosigns the payment of the financial obligations of a rental agreement but has no right to occupy a dwelling unit.Va. Code § 55.1-1200 shall be entitled to a human review of any rent determination or renewal increase generated or recommended by an algorithmic pricing deviceAlgorithmic pricing device"Algorithmic pricing device" means any automated system, software, tool, platform, or service that uses algorithms, machine learning, predictive analytics, or similar computational methods to generate, recommend, or influence rental prices or rent-increase amounts for dwelling units. "Algorithmic pricing device" does not include (i) a landlord's internal spreadsheets or manual analyses or (ii) any publicly available market-rent survey that does not rely on individualized landlord or tenant data.Va. Code § 55.1-1200.
(E) 4 No landlordLandlord"Landlord" means the owner, lessor, or sublessor of the dwelling unit or the building of which such dwelling unit is a part. "Landlord" also includes a managing agent of the premises who fails to disclose the name of such owner, lessor, or sublessor. Such managing agent shall be subject to the provisions of § 16.1-88.03. "Landlord" does not include a community land trust.Va. Code § 55.1-1200 shall: 1. Misrepresent the use or non-use of an algorithmic pricing deviceAlgorithmic pricing device"Algorithmic pricing device" means any automated system, software, tool, platform, or service that uses algorithms, machine learning, predictive analytics, or similar computational methods to generate, recommend, or influence rental prices or rent-increase amounts for dwelling units. "Algorithmic pricing device" does not include (i) a landlord's internal spreadsheets or manual analyses or (ii) any publicly available market-rent survey that does not rely on individualized landlord or tenant data.Va. Code § 55.1-1200; 2. Offer a price for rent or renewal rent that is advertised as nonnegotiable solely because it was generated or recommended by an algorithmic pricing deviceAlgorithmic pricing device"Algorithmic pricing device" means any automated system, software, tool, platform, or service that uses algorithms, machine learning, predictive analytics, or similar computational methods to generate, recommend, or influence rental prices or rent-increase amounts for dwelling units. "Algorithmic pricing device" does not include (i) a landlord's internal spreadsheets or manual analyses or (ii) any publicly available market-rent survey that does not rely on individualized landlord or tenant data.Va. Code § 55.1-1200; or 3. Use any algorithmic pricing deviceAlgorithmic pricing device"Algorithmic pricing device" means any automated system, software, tool, platform, or service that uses algorithms, machine learning, predictive analytics, or similar computational methods to generate, recommend, or influence rental prices or rent-increase amounts for dwelling units. "Algorithmic pricing device" does not include (i) a landlord's internal spreadsheets or manual analyses or (ii) any publicly available market-rent survey that does not rely on individualized landlord or tenant data.Va. Code § 55.1-1200 in a manner that constitutes a deceptive or misleading practice.
(F) If a landlordLandlord"Landlord" means the owner, lessor, or sublessor of the dwelling unit or the building of which such dwelling unit is a part. "Landlord" also includes a managing agent of the premises who fails to disclose the name of such owner, lessor, or sublessor. Such managing agent shall be subject to the provisions of § 16.1-88.03. "Landlord" does not include a community land trust.Va. Code § 55.1-1200 violates this section, the Attorney General may initiate an action in the name of the Commonwealth and may seek an injunction to restrain any violations of this section and civil penalties of up to $1,000 for each violation under this section.
(G) Nothing in this section shall be construed to: 1. Create a private right of action; 2. Require landlordsLandlord"Landlord" means the owner, lessor, or sublessor of the dwelling unit or the building of which such dwelling unit is a part. "Landlord" also includes a managing agent of the premises who fails to disclose the name of such owner, lessor, or sublessor. Such managing agent shall be subject to the provisions of § 16.1-88.03. "Landlord" does not include a community land trust.Va. Code § 55.1-1200 to maintain records beyond those kept in the ordinary course of business; 3. Impose any reporting or regulatory obligations on the Department of Housing and Community Development; or 4. Impose obligations on software vendors or third-party platforms.
This is the operative section of the bill, imposing four categories of obligations on landlords who own more than 10 rental dwelling units in Virginia and use algorithmic pricing devices. Subsection A narrows the definition of landlord for this section only to those with more than 10 units or more than a 10 percent interest in more than 10 units. Subsection B requires proactive written disclosure to tenants and prospective tenants before lease execution, including the name of the pricing software used. Subsection C creates an on-request right for tenants to receive a plain-language summary of the general factors the device considered, with a trade-secret carve-out. Subsection D gives tenants an on-request right to human review of any algorithmically generated rent determination.
Subsection E prohibits three categories of conduct: misrepresenting use of algorithmic pricing devices, advertising algorithmically set rent as nonnegotiable solely because it was algorithmically generated, and using such devices in a deceptive or misleading manner. Subsection F grants the Attorney General exclusive enforcement authority with civil penalties up to $1,000 per violation and injunctive relief. Subsection G is a savings clause expressly disclaiming a private right of action and limiting the bill's reach — it does not impose obligations on software vendors or third-party platforms, does not require recordkeeping beyond ordinary course, and does not impose reporting obligations on the Department of Housing and Community Development.