Prohibits dynamic pricing, algorithm or automated pricing tools in the sale or rental of any residential dwelling unit; prohibits the use of online real estate auction platforms for rental units where the owner has a direct or indirect ownership interest in such platform.
S T A T E O F N E W Y O R K
________________________________________________________________________
11490
I N A S S E M B L Y
May 28, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Rosenthal)
-- read once and referred to the Committee on Housing
AN ACT to amend the real property law, in relation to prohibiting dynam-
ic pricing, algorithm or automated pricing tools in the sale or rental
of any residential dwelling unit; and in relation to prohibiting the
use of online real estate auction platforms for rental units where the
owner has a direct or indirect ownership interest in such platform
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The real property law is amended by adding two new sections
442-m and 442-n to read as follows:
§ 442-M. DYNAMIC PRICING, ALGORITHM OR AUTOMATED PRICING TOOL PROHIB-
ITED. 1. AS USED IN THIS SECTION, THE TERMS:
(A) "ALGORITHM" MEANS A COMPUTATIONAL PROCESS OR SYSTEM THAT APPLIES
ONE OR MORE SETS OF RULES, INCLUDING RULES GENERATED BY A NATURAL PERSON
OR BY A COMPUTATIONAL PROCESS OR SYSTEM, TO GENERATE OUTPUTS BASED ON
INPUTS AND/OR TO DEFINE A SEQUENCE OF OPERATIONS.
(B) "DYNAMIC PRICING" MEANS ANY AUTOMATED OR ALGORITHMIC ADJUSTMENT OF
THE ASKING PRICE, RENTAL PRICE, OR LISTING PRICE OF A RESIDENTIAL DWELL-
ING UNIT THAT FLUCTUATES BASED COMPLETELY OR IN PART ON ONE OR MORE
ALGORITHMS, INCLUDING BUT NOT LIMITED TO ADJUSTMENTS TRIGGERED BY REAL-
TIME OCCUPANCY RATES, VACANCY RATES, COMPETITOR PRICING DATA, DEMAND
INDICATORS, TIME-ON-MARKET DATA, OR THE PERSONAL DATA OF ANY PROSPECTIVE
TENANT OR BUYER, EXCLUDING PRICE ADJUSTMENTS BASED SOLELY ON BONA FIDE
DISCOUNTS OFFERED UNIFORMLY TO ALL PROSPECTIVE TENANTS OR BUYERS ON
IDENTICAL TERMS.
(C) "SHILL BIDDING" MEANS THE SUBMISSION, OR CAUSING OR FACILITATING
THE SUBMISSION, OF A BID ON A RESIDENTIAL DWELLING UNIT LISTED ON AN
ONLINE REAL ESTATE AUCTION PLATFORM BY ANY PERSON WHO HAS NO GENUINE
INTENTION OF PURCHASING OR RENTING SUCH UNIT, OR WHO IS ACTING IN
CONCERT WITH, OR AT THE DIRECTION OF, THE OWNER, LANDLORD, LISTING
BROKER, OR ANY OFFICER, DIRECTOR, EMPLOYEE, OR RELATIVE OF SUCH OWNER OR
LANDLORD, FOR THE PURPOSE OF ARTIFICIALLY INFLATING THE BID PRICE OF
SUCH UNIT, DISCOURAGING, MISLEADING, OR DETERRING LEGITIMATE COMPETING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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