SECTION 1. Chapter 34-18 of the General Laws entitled "Residential Landlord and Tenant Act" is hereby amended by adding thereto the following section: 34-18-63. Prohibition on algorithmic rent setting.
(a) Definitions. As used in this section:
(1) “Nonpublic competitor data” means information not available to the general public including, but not limited to, actual rent amounts, occupancy levels, lease start and end dates, or other similar data, regardless of whether the information is:
(i) Attributable to a specific competitor or anonymized; and
(ii) Derived from, shared by, or otherwise provided by another person or entity that competes in the same or a related residential rental market.
(2) “Revenue management device” means a device, system, or software, commonly known as revenue management or rent optimization software, that uses one or more programmed or automated processes to perform calculations using nonpublic competitor data concerning local or statewide rental rates or occupancy levels for the purpose of advising a landlord on:
(i) Whether to leave a residential dwelling unit vacant; or
(ii) The amount of rent that the landlord may charge or obtain for a residential dwelling unit. The term “revenue management device” includes any product or service that incorporates such a device, but does not include:
(A) A report or publication that presents existing rental data in an aggregated or historical manner and does not recommend or determine rental rates or occupancy levels for future leases; or
(B) A product or system used solely for the purpose of establishing rent or income limits in accordance with the guidelines of a local, state, or federal affordable housing program.
(b) Prohibited conduct. It shall be unlawful for any person or entity to use a revenue management device or nonpublic competitor data to set, recommend, or determine rental rates or occupancy levels for residential dwelling units within the state.
(c) Enforcement.
(1) A violation of this section shall constitute an unfair or deceptive trade act or practice under chapter 13.1 of title 6.
(2) The attorney general is authorized to investigate and enforce this section and to seek all remedies available under chapter 13.1 of title 6, including injunctive relief, civil penalties, restitution, and costs.
(3) Nothing in this section shall be construed to limit any private right of action otherwise available under state law.
SECTION 2. This act shall take effect upon passage.