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.
(11) Waives the landlord's obligation to comply with s. 704.60 (2) or discourages or impedes a tenant from filing an action or seeking injunctive relief or damages under s. 704.60 (3).
This section adds a new category to Wisconsin's existing list of void and unenforceable rental agreement provisions. Any lease clause that waives a landlord's obligation to comply with the prohibition on algorithmic software use under § 704.60(2), or that discourages or impedes a tenant from filing an action or seeking injunctive relief or damages under § 704.60(3), is void and unenforceable. This anti-waiver provision ensures landlords cannot contractually strip tenants of the protections the bill creates.
(1)(a) "Algorithmic softwareAlgorithmic software"Algorithmic software" means software, including revenue management software, that uses an algorithm to perform calculations on nonpublic competitor data regarding rent or occupancy levels in this state for the purpose of informing a landlord's decision regarding residential housing occupancy rates, whether to leave a residential unit vacant, or the amount of rent that a landlord may obtain for a residential unit. "Algorithmic software" includes a product or device that incorporates algorithmic software. "Algorithmic software" does not include any of the following: 1. A publication of existing aggregated rental data if the publication does not recommend rental rates or occupancy levels for future leases. 2. A product used for the purpose of establishing rent or income limits in accordance with affordable housing guidelines or requirements of a local, state, or federal program.Wis. Stat. § 704.60(1)(a)" means software, including revenue management software, that uses an algorithm to perform calculations on nonpublic competitor dataNonpublic competitor data"Nonpublic competitor data" means housing-related information that is not available to the general public regarding actual amounts charged for rent, occupancy rates, lease start and end dates, or similar data, regardless of whether the information is attributable to, derived from, or otherwise provided by a person that competes in the same or related market.Wis. Stat. § 704.60(1)(b) regarding rent or occupancy levels in this state for the purpose of informing a landlord's decision regarding residential housing occupancy rates, whether to leave a residential unit vacant, or the amount of rent that a landlord may obtain for a residential unit. "Algorithmic softwareAlgorithmic software"Algorithmic software" means software, including revenue management software, that uses an algorithm to perform calculations on nonpublic competitor data regarding rent or occupancy levels in this state for the purpose of informing a landlord's decision regarding residential housing occupancy rates, whether to leave a residential unit vacant, or the amount of rent that a landlord may obtain for a residential unit. "Algorithmic software" includes a product or device that incorporates algorithmic software. "Algorithmic software" does not include any of the following: 1. A publication of existing aggregated rental data if the publication does not recommend rental rates or occupancy levels for future leases. 2. A product used for the purpose of establishing rent or income limits in accordance with affordable housing guidelines or requirements of a local, state, or federal program.Wis. Stat. § 704.60(1)(a)" includes a product or device that incorporates algorithmic softwareAlgorithmic software"Algorithmic software" means software, including revenue management software, that uses an algorithm to perform calculations on nonpublic competitor data regarding rent or occupancy levels in this state for the purpose of informing a landlord's decision regarding residential housing occupancy rates, whether to leave a residential unit vacant, or the amount of rent that a landlord may obtain for a residential unit. "Algorithmic software" includes a product or device that incorporates algorithmic software. "Algorithmic software" does not include any of the following: 1. A publication of existing aggregated rental data if the publication does not recommend rental rates or occupancy levels for future leases. 2. A product used for the purpose of establishing rent or income limits in accordance with affordable housing guidelines or requirements of a local, state, or federal program.Wis. Stat. § 704.60(1)(a). "Algorithmic softwareAlgorithmic software"Algorithmic software" means software, including revenue management software, that uses an algorithm to perform calculations on nonpublic competitor data regarding rent or occupancy levels in this state for the purpose of informing a landlord's decision regarding residential housing occupancy rates, whether to leave a residential unit vacant, or the amount of rent that a landlord may obtain for a residential unit. "Algorithmic software" includes a product or device that incorporates algorithmic software. "Algorithmic software" does not include any of the following: 1. A publication of existing aggregated rental data if the publication does not recommend rental rates or occupancy levels for future leases. 2. A product used for the purpose of establishing rent or income limits in accordance with affordable housing guidelines or requirements of a local, state, or federal program.Wis. Stat. § 704.60(1)(a)" does not include any of the following: 1. A publication of existing aggregated rental data if the publication does not recommend rental rates or occupancy levels for future leases. 2. A product used for the purpose of establishing rent or income limits in accordance with affordable housing guidelines or requirements of a local, state, or federal program.
(1)(b) "Nonpublic competitor dataNonpublic competitor data"Nonpublic competitor data" means housing-related information that is not available to the general public regarding actual amounts charged for rent, occupancy rates, lease start and end dates, or similar data, regardless of whether the information is attributable to, derived from, or otherwise provided by a person that competes in the same or related market.Wis. Stat. § 704.60(1)(b)" means housing-related information that is not available to the general public regarding actual amounts charged for rent, occupancy rates, lease start and end dates, or similar data, regardless of whether the information is attributable to, derived from, or otherwise provided by a person that competes in the same or related market.
This subsection defines two key terms: algorithmic software and nonpublic competitor data. The algorithmic software definition is broadly drawn to cover any software — including revenue management software — that processes nonpublic competitor data on rent or occupancy to inform landlord decisions. The definition includes products and devices that incorporate such software but carves out publications of aggregated rental data that do not recommend future rates and tools used to establish affordable housing program rent or income limits.
(2)(a) 1 No person shall sell, license, or provide to a residential landlord algorithmic softwareAlgorithmic software"Algorithmic software" means software, including revenue management software, that uses an algorithm to perform calculations on nonpublic competitor data regarding rent or occupancy levels in this state for the purpose of informing a landlord's decision regarding residential housing occupancy rates, whether to leave a residential unit vacant, or the amount of rent that a landlord may obtain for a residential unit. "Algorithmic software" includes a product or device that incorporates algorithmic software. "Algorithmic software" does not include any of the following: 1. A publication of existing aggregated rental data if the publication does not recommend rental rates or occupancy levels for future leases. 2. A product used for the purpose of establishing rent or income limits in accordance with affordable housing guidelines or requirements of a local, state, or federal program.Wis. Stat. § 704.60(1)(a).
(2)(b) 2 No person may use algorithmic softwareAlgorithmic software"Algorithmic software" means software, including revenue management software, that uses an algorithm to perform calculations on nonpublic competitor data regarding rent or occupancy levels in this state for the purpose of informing a landlord's decision regarding residential housing occupancy rates, whether to leave a residential unit vacant, or the amount of rent that a landlord may obtain for a residential unit. "Algorithmic software" includes a product or device that incorporates algorithmic software. "Algorithmic software" does not include any of the following: 1. A publication of existing aggregated rental data if the publication does not recommend rental rates or occupancy levels for future leases. 2. A product used for the purpose of establishing rent or income limits in accordance with affordable housing guidelines or requirements of a local, state, or federal program.Wis. Stat. § 704.60(1)(a) to set rental rates or occupancy levels for residential dwelling units.
This subsection contains the bill's two core prohibitions. Paragraph (a) prohibits any person from selling, licensing, or providing algorithmic software to a residential landlord — targeting the software vendors and intermediary services. Paragraph (b) prohibits any person from using algorithmic software to set rental rates or occupancy levels for residential dwelling units — targeting the landlords and property managers who adopt these tools. Together, the two prohibitions attack the algorithmic rent-coordination problem from both the supply side and the demand side.
(3)(a) The department of agriculture, trade and consumer protection, the attorney general, or a district attorney may investigate an alleged violation of sub. (2).
(3)(b) The attorney general or a district attorney may commence an action in the name of the state to restrain by temporary or permanent injunction a violation of sub. (2) or to recover a civil forfeiture of up to $1,000 per violation. The court shall award the attorney general or district attorney court costs and, notwithstanding s. 814.04 (1), reasonable attorney fees, if the attorney general or district attorney is the prevailing party in the action. Each month in which a violation exists or continues constitutes a separate offense. Each dwelling unit for which a person has used algorithmic softwareAlgorithmic software"Algorithmic software" means software, including revenue management software, that uses an algorithm to perform calculations on nonpublic competitor data regarding rent or occupancy levels in this state for the purpose of informing a landlord's decision regarding residential housing occupancy rates, whether to leave a residential unit vacant, or the amount of rent that a landlord may obtain for a residential unit. "Algorithmic software" includes a product or device that incorporates algorithmic software. "Algorithmic software" does not include any of the following: 1. A publication of existing aggregated rental data if the publication does not recommend rental rates or occupancy levels for future leases. 2. A product used for the purpose of establishing rent or income limits in accordance with affordable housing guidelines or requirements of a local, state, or federal program.Wis. Stat. § 704.60(1)(a) in violation of sub. (2) (b) constitutes a separate offense.
(3)(c) A tenant may file a civil action for a violation of sub. (2) on behalf of himself or herself, or on behalf of himself or herself and all persons similarly situated, for actual damages incurred as a result of a violation of sub. (2), or damages of $1,000 per violation, whichever is greater, or for injunctive relief, or for a combination of damages and injunctive relief. The court shall award the tenant court costs and, notwithstanding s. 814.04 (1), reasonable attorney fees if the tenant is the prevailing party in the action. The court may also award any equitable relief to a prevailing party as may be determined by the court if the tenant, or the tenant and all persons similarly situated, is the prevailing party in the action.
This subsection establishes a dual enforcement structure. The Department of Agriculture, Trade and Consumer Protection, the attorney general, or a district attorney may investigate violations. The attorney general or a district attorney may seek injunctive relief or civil forfeitures of up to $1,000 per violation, with each month of continuing violation and each dwelling unit constituting a separate offense — creating significant cumulative exposure. Tenants may also bring private civil actions, individually or as class actions, for the greater of actual damages or $1,000 per violation, plus injunctive and equitable relief. Prevailing plaintiffs in either track recover court costs and reasonable attorney fees.