AI Frontier Institute

Algorithmic software for residential housing, and providing a penalty.

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Wisconsin Assembly Bill 142 (2025-2026) did not pass; it failed to pass under Senate Joint Resolution 1 on 2026-03-23. Had it become law, it would have created s. 704.60 and s. 704.44 (11) to restrict algorithmic rent-setting software in residential housing. Section 704.60 (1) defines "algorithmic software" (including revenue management software) as software that uses an algorithm to run calculations on nonpublic competitor data about rent or occupancy in Wisconsin to inform a landlord's decisions on occupancy rates, vacancies, or rent amounts. It excludes publications of aggregated rental data that don't recommend future rents or occupancy levels, and products used to set rent or income limits under affordable housing programs. Under s. 704.60 (2), no person could sell, license, or provide such software to a residential landlord, and no person could use it to set rental rates or occupancy levels. Under s. 704.60 (3), the Department of Agriculture, Trade and Consumer Protection, the attorney general, or a district attorney could investigate. The attorney general or a district attorney could seek an injunction or a civil forfeiture of up to $1,000 per violation, plus costs and attorney fees if they prevail. Each month a violation continues, and each dwelling unit where the software was used, would count as a separate offense. Tenants could sue individually or as a class for actual damages or $1,000 per violation (whichever is greater), injunctive relief, or both. Prevailing tenants would recover costs and attorney fees, and the court could award equitable relief. Section 704.44 (11) would make a lease provision void and unenforceable if it waives the landlord's compliance duty or discourages or impedes tenant suits.

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