AI Frontier Institute

Relative to preventing algorithmic rent fixing in the rental housing market

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House Bill No. 5222 has not been enacted. The Housing Committee reported it favorably on March 12, 2026, and referred it to House Ways and Means. If enacted, it would add a new Chapter 40Z to the General Laws, aimed at preventing algorithmic rent fixing. Section 1 defines a "service provider" as any person who performs a "coordination" function for a landlord. Coordination means collecting rent prices, supply, occupancy, or lease data. It also means analyzing that data, including with software or computation, and recommending rental prices, lease terms, occupancy levels, or other commercial terms to a landlord. Publishing a fair market rent calculated from public data would not count as a recommendation. Section 2 would bar real estate lessors, and their agents or subcontractors, from subscribing to, contracting with, or paying for a service provider's services. It would also bar service providers from facilitating an agreement among lessors not to compete on residential units. Section 3 would make violations an unfair method of competition and a violation of chapters 93 and 93A. It would allow simple interest on actual damages and make predispute arbitration agreements and joint-action waivers unenforceable at the plaintiff's election. It would also award costs and attorney, expert, and investigation fees to successful plaintiffs, the attorney general, or a municipality. Section 4 would set a pleading standard for chapter 93 civil actions. A complaint plausibly pleads a chapter 93A violation if a contract, combination, or conspiracy in restraint of trade is among the realm of plausible possibilities. It need not allege facts excluding independent action.

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