Assembly Bill A10020

2023-2024 Legislative Session

Prohibits landlords from using algorithmic devices to set the amount of rent to charge a residential tenant

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A10020 (ACTIVE) - Details

Current Committee:
Assembly Housing
Law Section:
General Business Law
Laws Affected:
Add §344, Gen Bus L

2023-A10020 (ACTIVE) - Summary

Prohibits landlords from using, or contracting for the use of, algorithmic devices to set the amount of rent to charge a residential tenant; imposes additional disclosure requirements regarding a landlord's collection and use of a tenant's personal information.

2023-A10020 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10020
 
                           I N  A S S E M B L Y
 
                                May 1, 2024
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the general business law, in relation to prohibiting the
   use of algorithmic pricing by a landlord for the purpose of  determin-
   ing the amount of rent to charge a residential tenant
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 344 to read as follows:
   § 344. USE OF PRICING ALGORITHMIC IN SETTING RENT  AMOUNT  PROHIBITED.
 1.  FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A)  "PRICING ALGORITHM" SHALL MEAN ANY COMPUTATIONAL PROCESS, INCLUD-
 ING A COMPUTATIONAL PROCESS DERIVED FROM MACHINE LEARNING OR OTHER ARTI-
 FICIAL INTELLIGENCE TECHNIQUES, THAT PROCESSES DATA TO RECOMMEND OR  SET
 A PRICE OR COMMERCIAL TERM THAT IS IN OR AFFECTING INTERSTATE OR FOREIGN
 COMMERCE.
   (B)  "COORDINATOR"  SHALL  MEAN  ANY  OPERATOR  OF  A SOFTWARE OR DATA
 ANALYTICS SERVICE THAT PERFORMS A COORDINATING FUNCTION  FOR  ANY  LAND-
 LORD,  INCLUDING  A LANDLORD PERFORMING A COORDINATING FUNCTION FOR SUCH
 LANDLORD'S OWN BENEFIT.
   (C) "NONPUBLIC COMPETITOR DATA":
   (I) SHALL MEAN NONPUBLIC  DATA  THAT  IS  DERIVED  FROM  OR  OTHERWISE
 PROVIDED BY ANOTHER PERSON THAT COMPETES IN THE SAME MARKET AS A PERSON,
 OR A RELATED MARKET; AND
   (II)  DOES NOT INCLUDE INFORMATION DISTRIBUTED, REPORTED, OR OTHERWISE
 COMMUNICATED IN A WAY THAT DOES NOT REVEAL ANY UNDERLYING  DATA  FROM  A
 COMPETITOR,  SUCH  AS NARRATIVE INDUSTRY REPORTS, NEWS REPORTS, BUSINESS
 COMMENTARIES, OR GENERALIZED INDUSTRY SURVEY RESULTS.
   (D) "NONPUBLIC DATA" SHALL MEAN INFORMATION THAT IS NOT WIDELY  AVAIL-
 ABLE  OR  EASILY  ACCESSIBLE  TO THE PUBLIC, INCLUDING INFORMATION ABOUT
 ACTUAL RENT PRICES, OCCUPANCY RATES, LEASE  START  AND  END  DATES,  AND
 SIMILAR  DATA,  REGARDLESS  OF  WHETHER  SUCH  DATA IS ATTRIBUTABLE TO A
 SPECIFIC COMPETITOR OR ANONYMIZED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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