HB 140 — An Act amending the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, further providing for definitions.

PRINTER'S NO.    1751

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 140
                                               Session of
                                                 2025

     INTRODUCED BY KRAJEWSKI, SHUSTERMAN, SMITH-WADE-EL, PIELLI,
        GIRAL, RABB, WAXMAN, HILL-EVANS, FIEDLER, KHAN, SANCHEZ,
        HOWARD, MAYES, OTTEN, RIVERA AND D. WILLIAMS, MAY 22, 2025

     REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
        MAY 22, 2025


                                    AN ACT
 1   Amending the act of December 17, 1968 (P.L.1224, No.387),
 2      entitled "An act prohibiting unfair methods of competition
 3      and unfair or deceptive acts or practices in the conduct of
 4      any trade or commerce, giving the Attorney General and
 5      District Attorneys certain powers and duties and providing
 6      penalties," further providing for definitions.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    Section 2(4) of the act of December 17, 1968
10   (P.L.1224, No.387), known as the Unfair Trade Practices and
11   Consumer Protection Law, is amended by adding a subclause and
12   the section is amended by adding a clause to read:
13      Section 2.    Definitions.--As used in this act.
14      * * *
15      (4)   "Unfair methods of competition" and "unfair or deceptive
16   acts or practices" mean any one or more of the following:
17      * * *
18      (xx.1)   Using algorithmic rent-setting software in setting
19   the amount of rent to be charged, lease terms or occupancy
 1   levels for the occupancy of residential real property, including
 2   determining any change in the amount of rent to be charged for
 3   the renewed occupancy of residential and commercial real
 4   property.
 5      * * *
 6      (14)     "Algorithmic rent-setting software" means as follows:
 7      (i)    A system, software or process that uses computations
 8   that:
 9      (A)    Uses one or more algorithms to perform calculations of
10   data, including Statewide or local historical or contemporaneous
11   rental prices, price changes, supply levels, occupancy rates or
12   lease or rental contract termination and renewal dates of
13   residential dwelling units from two or more real estate lessors
14   or from public databases.
15      (B)    Recommends rental prices, lease terms or occupancy
16   levels to a landlord based on the calculations of data under
17   clause (A).
18      (ii)     The term includes any product or service that
19   incorporates algorithmic rent-setting software.
20      (iii)    The term does not include:
21      (A)    A report that publishes periodically, but no more
22   frequently than monthly, rental data in an aggregated and
23   anonymous manner, but does not recommend rental prices, fees or
24   occupancy rates or other rental contract terms for future
25   leases.
26      (B)    A product used for the purpose of establishing rent or
27   income limits in accordance with affordable housing program
28   guidelines under Federal or State law or the law of a local
29   government or other political subdivision.
30      Section 2.    This act shall take effect in 60 days.

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