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) For purposes of this section: "Algorithmic deviceAlgorithmic device"Algorithmic device" means a device, commonly known as revenue management software, that uses one or more algorithms to perform calculations of non-public competitor data concerning local or statewide rent amounts or occupancy levels for the purpose of advising a landlord on whether to leave a unit vacant or on the amount of rent that the landlord may obtain for that unit. "Algorithmic device" includes a product that incorporates an algorithmic device but does not include (i) any report that publishes existing rental data in an aggregate manner but does not recommend rents or occupancy levels for future leases or (ii) 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 Commonwealth, the federal government, or other political subdivision.Va. Code § 55.1-1204.2(A)" means a device, commonly known as revenue management software, that uses one or more algorithms to perform calculations of non-public competitor data concerning local or statewide rent amounts or occupancy levels for the purpose of advising a landlord on whether to leave a unit vacant or on the amount of rent that the landlord may obtain for that unit. "Algorithmic deviceAlgorithmic device"Algorithmic device" means a device, commonly known as revenue management software, that uses one or more algorithms to perform calculations of non-public competitor data concerning local or statewide rent amounts or occupancy levels for the purpose of advising a landlord on whether to leave a unit vacant or on the amount of rent that the landlord may obtain for that unit. "Algorithmic device" includes a product that incorporates an algorithmic device but does not include (i) any report that publishes existing rental data in an aggregate manner but does not recommend rents or occupancy levels for future leases or (ii) 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 Commonwealth, the federal government, or other political subdivision.Va. Code § 55.1-1204.2(A)" includes a product that incorporates an algorithmic deviceAlgorithmic device"Algorithmic device" means a device, commonly known as revenue management software, that uses one or more algorithms to perform calculations of non-public competitor data concerning local or statewide rent amounts or occupancy levels for the purpose of advising a landlord on whether to leave a unit vacant or on the amount of rent that the landlord may obtain for that unit. "Algorithmic device" includes a product that incorporates an algorithmic device but does not include (i) any report that publishes existing rental data in an aggregate manner but does not recommend rents or occupancy levels for future leases or (ii) 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 Commonwealth, the federal government, or other political subdivision.Va. Code § 55.1-1204.2(A) but does not include (i) any report that publishes existing rental data in an aggregate manner but does not recommend rents or occupancy levels for future leases or (ii) 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 Commonwealth, the federal government, or other political subdivision. "Nonpublic competitor dataNonpublic competitor data"Nonpublic competitor data" means information that is not available to the general public, including information about actual rent prices, occupancy rates, lease start and end dates, and similar data, regardless of whether the data is attributable to a specific competitor or anonymized, and regardless of whether the data is derived from or otherwise provided by another person that competes in the same market or a related market.Va. Code § 55.1-1204.2(A)" means information that is not available to the general public, including information about actual rent prices, occupancy rates, lease start and end dates, and similar data, regardless of whether the data is attributable to a specific competitor or anonymized, and regardless of whether the data is derived from or otherwise provided by another person that competes in the same market or a related market.
Subsection A establishes two defined terms that govern the scope of the prohibition. Algorithmic device is defined as revenue management software that uses algorithms to process nonpublic competitor data on rents or occupancy levels to advise landlords on pricing or vacancy decisions. The definition is intentionally broad — it captures any product that incorporates such a device — but includes two notable carve-outs: aggregate public data reports that do not recommend rents, and tools used for affordable housing program compliance.
Nonpublic competitor data is defined expansively to include actual rent prices, occupancy rates, and lease dates regardless of anonymization or whether the data is attributable to a specific competitor. This breadth ensures that anonymized data pooling — the core mechanism alleged in RealPage-style coordination — falls within scope.
(B) 1 It shall be unlawful to sell, license, or otherwise provide to landlords any algorithmic deviceAlgorithmic device"Algorithmic device" means a device, commonly known as revenue management software, that uses one or more algorithms to perform calculations of non-public competitor data concerning local or statewide rent amounts or occupancy levels for the purpose of advising a landlord on whether to leave a unit vacant or on the amount of rent that the landlord may obtain for that unit. "Algorithmic device" includes a product that incorporates an algorithmic device but does not include (i) any report that publishes existing rental data in an aggregate manner but does not recommend rents or occupancy levels for future leases or (ii) 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 Commonwealth, the federal government, or other political subdivision.Va. Code § 55.1-1204.2(A) that uses nonpublic competitor dataNonpublic competitor data"Nonpublic competitor data" means information that is not available to the general public, including information about actual rent prices, occupancy rates, lease start and end dates, and similar data, regardless of whether the data is attributable to a specific competitor or anonymized, and regardless of whether the data is derived from or otherwise provided by another person that competes in the same market or a related market.Va. Code § 55.1-1204.2(A) for the purpose of setting, recommending, or advising landlords on rents or occupancy levels that may be achieved for residential dwelling units.
Subsection B prohibits any person from selling, licensing, or otherwise providing algorithmic devices to landlords when those devices use nonpublic competitor data to set, recommend, or advise on rents or occupancy levels for residential dwelling units. This targets the supply side — the developers and vendors of revenue management software — making it unlawful to offer these tools to the residential rental market.
(C) 2 It shall be unlawful for a landlord to use an algorithmic deviceAlgorithmic device"Algorithmic device" means a device, commonly known as revenue management software, that uses one or more algorithms to perform calculations of non-public competitor data concerning local or statewide rent amounts or occupancy levels for the purpose of advising a landlord on whether to leave a unit vacant or on the amount of rent that the landlord may obtain for that unit. "Algorithmic device" includes a product that incorporates an algorithmic device but does not include (i) any report that publishes existing rental data in an aggregate manner but does not recommend rents or occupancy levels for future leases or (ii) 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 Commonwealth, the federal government, or other political subdivision.Va. Code § 55.1-1204.2(A) described in subsection B when setting rents or occupancy levels for residential dwelling units. Each separate month that a violation exists or continues, and each separate residential dwelling unit for which the landlord used the algorithmic deviceAlgorithmic device"Algorithmic device" means a device, commonly known as revenue management software, that uses one or more algorithms to perform calculations of non-public competitor data concerning local or statewide rent amounts or occupancy levels for the purpose of advising a landlord on whether to leave a unit vacant or on the amount of rent that the landlord may obtain for that unit. "Algorithmic device" includes a product that incorporates an algorithmic device but does not include (i) any report that publishes existing rental data in an aggregate manner but does not recommend rents or occupancy levels for future leases or (ii) 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 Commonwealth, the federal government, or other political subdivision.Va. Code § 55.1-1204.2(A), shall constitute a separate and distinct violation.
Subsection C prohibits landlords from using the algorithmic devices described in subsection B when setting rents or occupancy levels for residential dwelling units. This is the demand-side counterpart to subsection B's supply-side prohibition. Notably, violations stack aggressively: each separate month a violation exists or continues and each separate residential dwelling unit for which the device was used constitutes a separate and distinct violation, creating potentially substantial cumulative exposure for large portfolio landlords.
(D)(1) The Attorney General may cause an action to be brought in the name of the Commonwealth to enjoin any violation of this section by any person and to recover a civil penalty in the amount of not less than $1,000 nor more than $5,000 for each such violation. Civil penalties paid pursuant to this section shall be deposited into the Literary Fund.
(D)(2) In an action brought under this section, the Attorney General may recover damages and such other relief allowed by law, including restitution on behalf of tenants injured by violations of this section.
(D)(3) In an action brought under this section, the Attorney General may recover reasonable expenses incurred in investigating and preparing the case and attorney fees.
(D)(4) Whenever the Attorney General has reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in any violation of this section, the Attorney General is empowered to issue a civil investigative demand. The provisions of § 59.1-9.10 shall apply, mutatis mutandis, to civil investigative demands issued pursuant to this section.
(D)(5) Nothing in this section shall be construed as affecting any private cause of action that may exist under any law of the Commonwealth.
Subsection D establishes the enforcement framework. The Attorney General has exclusive authority to bring actions to enjoin violations and recover civil penalties of $1,000 to $5,000 per violation. The Attorney General may also recover damages and restitution on behalf of injured tenants, plus reasonable investigation expenses and attorney fees. The Attorney General is empowered to issue civil investigative demands under the procedures established in § 59.1-9.10 (Virginia Antitrust Act). A savings clause preserves any private cause of action that may exist under other Virginia law — the bill itself does not create one.