NY State Assembly Bill 2025-A1417B

Assembly Bill A1417B

2025-2026 Legislative Session

Relates to the use of algorithmic pricing by landlords for the purpose of determining the amount of rent to charge a residential tenant

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 07, 2025	print number 1417b
May 07, 2025	amend (t) and recommit to housing
Mar 13, 2025	print number 1417a
Mar 13, 2025	amend and recommit to housing
Jan 09, 2025	referred to housing

Bill Amendments

Original

B (Active)

2025-A1417 - Details

Current Committee:: Assembly Housing
Law Section:: General Business Law
Laws Affected:: Add §340-b, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: A10020

2025-A1417 - Summary

Prohibits a person or entity from knowingly or with reckless disregard facilitate an agreement between or among two or more residential rental property owners or managers to not compete with respect to residential rental dwelling units, including by operating or licensing a software, data analytics service, or algorithmic device that performs a coordinating function on behalf of or between and among such residential rental property owners or managers.

2025-A1417 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1417
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by  M.  of  A.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04298-01-5

 A. 1417                             2
 
 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.
   2. (A) IN SETTING THE AMOUNT OF RENT TO BE CHARGED TO A TENANT FOR THE
 OCCUPANCY OF A RESIDENTIAL PREMISES, INCLUDING DETERMINING ANY CHANGE IN
 THE AMOUNT OF RENT TO BE CHARGED FOR THE RENEWED OCCUPANCY OF A RESIDEN-
 TIAL  PREMISES, A LANDLORD SHALL NOT EMPLOY, USE, OR RELY UPON, OR CAUSE
 ANOTHER PERSON TO EMPLOY, USE, OR RELY UPON, AN ALGORITHMIC PRICING THAT
 USES, INCORPORATES, OR WAS TRAINED WITH NONPUBLIC COMPETITOR DATA.
   (B) A COORDINATOR SHALL NOT FACILITATE AN AGREEMENT AMONG LANDLORDS TO
 NOT COMPETE REGARDING THE RENTING OF RESIDENTIAL PREMISES.
   3. (A) A LANDLORD SHALL NOT SHARE A TENANT'S PERSONAL  DATA  WITH  ANY
 THIRD PARTY WITHOUT SUCH TENANT'S WRITTEN CONSENT.
   (B) A LANDLORD SHALL DISCLOSE TO EACH TENANT:
   (I)  THE  CATEGORIES OF PERSONAL DATA PROCESSED BY THE LANDLORD AND BY
 ANY PROCESSOR WHO PROCESSES PERSONAL DATA ON BEHALF OF SUCH LANDLORD;
   (II) THE SOURCES FROM WHICH PERSONAL DATA IS COLLECTED;
   (III) THE PURPOSES FOR PROCESSING PERSONAL DATA;
   (IV) THE LANDLORD'S RETENTION PERIOD FOR  EACH  CATEGORY  OF  PERSONAL
 DATA  THAT  SUCH  LANDLORD PROCESSES OR WHICH IS PROCESSED ON SUCH LAND-
 LORD'S BEHALF, OR IF THAT IS NOT POSSIBLE, THE CRITERIA USED  TO  DETER-
 MINE SUCH RETENTION PERIOD; AND
   (V)  THE  IDENTITY OF EACH THIRD PARTY TO WHOM THE LANDLORD DISCLOSED,
 SHARED, TRANSFERRED, OR SOLD PERSONAL  DATA,  AND  FOR  EACH  IDENTIFIED
 THIRD PARTY:
   (A)  THE  CATEGORIES  OF PERSONAL DATA BEING SHARED, DISCLOSED, TRANS-
 FERRED, OR SOLD TO THE THIRD PARTY;
   (B) THE PURPOSES FOR WHICH PERSONAL DATA IS BEING  SHARED,  DISCLOSED,
 TRANSFERRED, OR SOLD TO THE THIRD PARTY;
   (C)  THE  THIRD PARTY'S RETENTION PERIOD FOR EACH CATEGORY OF PERSONAL
 DATA PROCESSED BY SUCH THIRD PARTY OR PROCESSED ON  SUCH  THIRD  PARTY'S
 BEHALF,  OR IF THAT IS NOT POSSIBLE, THE CRITERIA USED TO DETERMINE SUCH
 RETENTION PERIOD; AND
   (D) WHETHER THE THIRD PARTY USES THE PERSONAL DATA FOR TARGETED ADVER-
 TISING.
   4. IN ADDITION TO ANY ACTION BROUGHT BY  THE  ATTORNEY  GENERAL  UNDER
 THIS  ARTICLE, A TENANT INJURED BY A VIOLATION OF THIS SECTION MAY BRING
 AN ACTION TO RECOVER DAMAGES. A COURT MAY ALSO AWARD ATTORNEYS' FEES  TO
 A PREVAILING PLAINTIFF TENANT.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall  apply  to  any  rental  agreement  that  is
 executed on or after the effective date of this act.

2025-A1417A - Details

Current Committee:: Assembly Housing
Law Section:: General Business Law
Laws Affected:: Add §340-b, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: A10020

2025-A1417A - Summary

2025-A1417A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1417--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Housing -- committee discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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) "COMPETITOR DATA":
   (I) SHALL MEAN NONPUBLIC OR PUBLIC DATA THAT IS DERIVED FROM OR OTHER-
 WISE  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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04298-02-5
 A. 1417--A                          2

 
   2. (A) IN SETTING THE AMOUNT OF RENT TO BE CHARGED TO A TENANT FOR THE
 OCCUPANCY OF A RESIDENTIAL PREMISES, INCLUDING DETERMINING ANY CHANGE IN
 THE AMOUNT OF RENT TO BE CHARGED FOR THE RENEWED OCCUPANCY OF A RESIDEN-
 TIAL  PREMISES, A LANDLORD SHALL NOT EMPLOY, USE, OR RELY UPON, OR CAUSE
 ANOTHER PERSON TO EMPLOY, USE, OR RELY UPON, AN ALGORITHMIC PRICING THAT
 USES, INCORPORATES, OR WAS TRAINED WITH COMPETITOR DATA.
   (B) A COORDINATOR SHALL NOT FACILITATE AN AGREEMENT AMONG LANDLORDS TO
 NOT COMPETE REGARDING THE RENTING OF RESIDENTIAL PREMISES.
   3.  (A)  A  LANDLORD SHALL NOT SHARE A TENANT'S PERSONAL DATA WITH ANY
 THIRD PARTY WITHOUT SUCH TENANT'S WRITTEN CONSENT.
   (B) A LANDLORD SHALL DISCLOSE TO EACH TENANT:
   (I) THE CATEGORIES OF PERSONAL DATA PROCESSED BY THE LANDLORD  AND  BY
 ANY PROCESSOR WHO PROCESSES PERSONAL DATA ON BEHALF OF SUCH LANDLORD;
   (II) THE SOURCES FROM WHICH PERSONAL DATA IS COLLECTED;
   (III) THE PURPOSES FOR PROCESSING PERSONAL DATA;
   (IV)  THE  LANDLORD'S  RETENTION  PERIOD FOR EACH CATEGORY OF PERSONAL
 DATA THAT SUCH LANDLORD PROCESSES OR WHICH IS PROCESSED  ON  SUCH  LAND-
 LORD'S  BEHALF,  OR IF THAT IS NOT POSSIBLE, THE CRITERIA USED TO DETER-
 MINE SUCH RETENTION PERIOD; AND
   (V) THE IDENTITY OF EACH THIRD PARTY TO WHOM THE  LANDLORD  DISCLOSED,
 SHARED,  TRANSFERRED,  OR  SOLD  PERSONAL  DATA, AND FOR EACH IDENTIFIED
 THIRD PARTY:
   (A) THE CATEGORIES OF PERSONAL DATA BEING  SHARED,  DISCLOSED,  TRANS-
 FERRED, OR SOLD TO THE THIRD PARTY;
   (B)  THE  PURPOSES FOR WHICH PERSONAL DATA IS BEING SHARED, DISCLOSED,
 TRANSFERRED, OR SOLD TO THE THIRD PARTY;
   (C) THE THIRD PARTY'S RETENTION PERIOD FOR EACH CATEGORY  OF  PERSONAL
 DATA  PROCESSED  BY  SUCH THIRD PARTY OR PROCESSED ON SUCH THIRD PARTY'S
 BEHALF, OR IF THAT IS NOT POSSIBLE, THE CRITERIA USED TO DETERMINE  SUCH
 RETENTION PERIOD; AND
   (D) WHETHER THE THIRD PARTY USES THE PERSONAL DATA FOR TARGETED ADVER-
 TISING.
   4.  IN  ADDITION  TO  ANY ACTION BROUGHT BY THE ATTORNEY GENERAL UNDER
 THIS ARTICLE, A TENANT INJURED BY A VIOLATION OF THIS SECTION MAY  BRING
 AN  ACTION TO RECOVER DAMAGES. A COURT MAY ALSO AWARD ATTORNEYS' FEES TO
 A PREVAILING PLAINTIFF TENANT.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law  and  shall  apply  to any rental agreement that is
 executed on or after the effective date of this act.

2025-A1417B (ACTIVE) - Details

Current Committee:: Assembly Housing
Law Section:: General Business Law
Laws Affected:: Add §340-b, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: A10020

2025-A1417B (ACTIVE) - Summary

2025-A1417B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1417--B
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Housing -- committee discharged,  bill  amended,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee

 AN  ACT  to  amend  the  general business law, in relation to the use of
   algorithmic pricing by a landlord for the purpose of  determining  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
 340-b to read as follows:
   § 340-B.  AGREEMENTS TO NOT COMPETE WITH RESPECT TO RESIDENTIAL RENTAL
 DWELLING UNITS.  1. AS USED IN THIS SECTION, THE FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A) "ALGORITHM" MEANS A COMPUTATIONAL PROCESS THAT USES A SET OF RULES
 TO DEFINE A SEQUENCE OF OPERATIONS.
   (B)  "ALGORITHMIC  DEVICE" MEANS ANY MACHINE, DEVICE, COMPUTER PROGRAM
 OR COMPUTER SOFTWARE THAT ON ITS OWN OR WITH HUMAN ASSISTANCE PERFORMS A
 COORDINATING FUNCTION.
   (C) "COORDINATING FUNCTION" MEANS  PERFORMING  ALL  OF  THE  FOLLOWING
 SUBFUNCTIONS,  PROVIDED, HOWEVER, THAT A PRODUCT USED FOR THE PURPOSE OF
 ESTABLISHING RENT OR INCOME LIMITS  IN  ACCORDANCE  WITH  THE  EMERGENCY
 TENANT  PROTECTION  ACT  OF  NINETEEN SEVENTY-FOUR, AS AMENDED, THE RENT
 STABILIZATION LAW OF NINETEEN SIXTY-NINE, AS AMENDED, THE CITY RENT  AND
 REHABILITATION  LAW,  THE  EMERGENCY  HOUSING  RENT  CONTROL  LAW, OR AN
 AFFORDABLE HOUSING PROGRAM ADMINISTERED BY A FEDERAL,  STATE,  OR  LOCAL
 GOVERNMENT  OR OTHER POLITICAL SUBDIVISION SHALL NOT BE CONSIDERED TO BE
 PERFORMING A COORDINATING FUNCTION:
   (I) COLLECTING HISTORICAL OR CONTEMPORANEOUS PRICES, SUPPLY LEVELS, OR
 LEASE OR RENTAL CONTRACT TERMINATION AND RENEWAL  DATES  OF  RESIDENTIAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04298-03-5

 A. 1417--B                          2
 
 DWELLING  UNITS  FROM  TWO OR MORE RESIDENTIAL RENTAL PROPERTY OWNERS OR
 MANAGERS, PROVIDED THAT AT LEAST TWO SUCH  RESIDENTIAL  RENTAL  PROPERTY
 OWNERS  OR MANAGERS ARE NOT WHOLLY-OWNED SUBSIDIARIES OF THE SAME PARENT
 ENTITY  OR  OTHERWISE  OWNED  OR  MANAGED BY THE SAME RESIDENTIAL RENTAL
 PROPERTY OWNER OR MANAGER;
   (II) ANALYZING OR PROCESSING THE INFORMATION DESCRIBED IN SUBPARAGRAPH
 (I) OF THIS PARAGRAPH USING A SYSTEM, SOFTWARE,  OR  PROCESS  THAT  USES
 COMPUTATION,  INCLUDING BY USING THAT INFORMATION TO TRAIN AN ALGORITHM;
 AND
   (III) RECOMMENDING RENTAL PRICES, LEASE RENEWAL TERMS, IDEAL OCCUPANCY
 LEVELS, OR OTHER LEASE TERMS AND  CONDITIONS  TO  A  RESIDENTIAL  RENTAL
 PROPERTY OWNER OR MANAGER.
   (D)  "RESIDENTIAL RENTAL PROPERTY OWNER OR MANAGER" MEANS ANY INDIVID-
 UAL OR ENTITY THAT OWNS OR IS A BENEFICIAL OWNER OF, DIRECTLY  OR  INDI-
 RECTLY,  IN  WHOLE OR IN PART, OR MANAGES ONE OR MORE RESIDENTIAL RENTAL
 DWELLING UNITS IN NEW YORK STATE.
   2. IT SHALL BE AN UNLAWFUL VIOLATION OF THIS ARTICLE FOR A  PERSON  OR
 ENTITY  TO  KNOWINGLY OR WITH RECKLESS DISREGARD FACILITATE AN AGREEMENT
 BETWEEN OR AMONG TWO OR  MORE  RESIDENTIAL  RENTAL  PROPERTY  OWNERS  OR
 MANAGERS  TO  NOT  COMPETE  WITH  RESPECT TO RESIDENTIAL RENTAL DWELLING
 UNITS, INCLUDING BY OPERATING OR LICENSING A  SOFTWARE,  DATA  ANALYTICS
 SERVICE,  OR ALGORITHMIC DEVICE THAT PERFORMS A COORDINATING FUNCTION ON
 BEHALF OF OR BETWEEN AND AMONG SUCH RESIDENTIAL RENTAL  PROPERTY  OWNERS
 OR MANAGERS.
   3.  IT  SHALL BE CONSIDERED AN UNLAWFUL AGREEMENT IN VIOLATION OF THIS
 ARTICLE FOR A RESIDENTIAL RENTAL PROPERTY OWNER OR MANAGER TO  KNOWINGLY
 OR  WITH  RECKLESS  DISREGARD SET OR ADJUST RENTAL PRICES, LEASE RENEWAL
 TERMS, OCCUPANCY LEVELS, OR OTHER LEASE TERMS AND CONDITIONS IN  ONE  OR
 MORE  OF  THEIR  RESIDENTIAL  RENTAL PROPERTIES BASED ON RECOMMENDATIONS
 FROM A SOFTWARE, DATA ANALYTICS SERVICE, OR ALGORITHMIC DEVICE  PERFORM-
 ING A COORDINATING FUNCTION.
   4.  NOTHING IN THIS SECTION SHALL IMPAIR OR LIMIT THE APPLICABILITY OF
 ANY OTHER PART OF THIS ARTICLE OR ANY OTHER STATE LAW.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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