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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0434*
HOUSE BILL 434
N1, I3 6lr1919
HB 817/25 – ENT
By: Delegates Palakovich Carr and Stewart
Introduced and read first time: January 22, 2026
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Residential Leases – Use of Algorithmic Device by Landlord to Determine Rent, 2
Occupancy, and Lease Terms – Prohibition 3
FOR the purpose of prohibiting a landlord from using certain algorithmic devices to 4
determine the amount of rent to charge , occupancy levels of, and lease terms and 5
conditions for a residential dwelling unit ; making a violation of this Act an unfair, 6
abusive, or deceptive trade practice under the Maryland Consumer Protection Ac t; 7
and generally relating to a prohibition against the use of certain technology by 8
landlords to determine rent prices, occupancy levels, and lease terms and conditions. 9
BY repealing and reenacting, with amendments, 10
Article – Commercial Law 11
Section 13–301(14)(xlvii) 12
Annotated Code of Maryland 13
(2025 Replacement Volume) 14
BY repealing and reenacting, without amendments, 15
Article – Commercial Law 16
Section 13–301(14)(xlviii) 17
Annotated Code of Maryland 18
(2025 Replacement Volume) 19
BY adding to 20
Article – Commercial Law 21
Section 13–301(14)(xlix) 22
Annotated Code of Maryland 23
(2025 Replacement Volume) 24
BY adding to 25
Article – Real Property 26
Section 8–222 27
2 HOUSE BILL 434
Annotated Code of Maryland 1
(2023 Replacement Volume and 2025 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Commercial Law 5
13–301. 6
Unfair, abusive, or deceptive trade practices include any: 7
(14) Violation of a provision of: 8
(xlvii) Title 14, Subtitle 50 of this article; [or] 9
(xlviii) Section 13–411.1(c)(2) of the Transportation Article; or 10
(XLIX) SECTION 8–222 OF THE REAL PROPERTY ARTICLE; 11
OR 12
Article – Real Property 13
8–222. 14
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16
(2) (I) “ALGORITHMIC DEVICE” MEANS A DEVICE THAT USES ONE 17
OR MORE ALGORITHMS T O PERFORM CALCULATIO NS OF DATA , INCLUDING DATA 18
CONCERNING LOCAL OR STATEWIDE RENT AMOUNTS BEING CHARGED TO TENANTS 19
BY LANDLORDS, TO: 20
1. ADVISE A LANDLORD ON THE AMOUNT OF RENT THAT 21
THE LANDLORD MAY CONSIDER CHARGING A TENANT; OR 22
2. RECOMMEND LEASE RENEW AL TERMS , IDEAL 23
OCCUPANCY LEVELS, OR OTHER LEASE TERMS AND CONDITIONS TO A RESIDENTIAL 24
RENTAL PROPERTY OWNER OR MANAGER. 25
(II) “ALGORITHMIC DEVICE” INCLUDES A PRODUCT T HAT 26
INCORPORATES AN ALGORITHMIC DEVICE. 27
(III) “ALGORITHMIC DEVICE” DOES NOT INCLUDE: 28
HOUSE BILL 434 3
1. A PERIODIC REPORT PUBL ISHED NOT MORE 1
FREQUENTLY THAN ONCE PER MONTH BY A TRADE ASSOCIATION THAT REC EIVES 2
RENTER DATA AND PUBLISHES IT IN AN AGGREGATED AND ANONYMOUS MANNER; 3
2. A PRODUCT USED FOR THE PURPOSE OF 4
ESTABLISHING RENT OR INCOME LIMITS IN ACC ORDANCE WITH THE AFF ORDABLE 5
HOUSING PROGRAM GUID ELINES OF A LOCAL GO VERNMENT, THE STATE, THE 6
FEDERAL GOVERNMENT, OR ANOTHER POLITICAL SUBDIVISION; OR 7
3. INFORMATION COLLECTED BY AND SHARED AMONG 8
WHOLLY OWNED SUBSIDIARIES OF THE SAME PARENT ENTITY, OR AMONG ENTITIES 9
OR PROPERTIES OWNED BY THE SAME OWNER, ON HISTORICAL OR 10
CONTEMPORANEOUS PRICES, SUPPLY LEVELS , OR LEASE OR RENTAL C ONTRACT 11
TERMINATION AND RENEWAL DATES AND RESIDENTIAL DWELLING UNITS. 12
(3) (I) “NONPUBLIC COMPETITOR DATA” MEANS INFORMATION 13
THAT IS: 14
1. NOT WIDELY AVAILABLE OR EASILY ACCE SSIBLE TO 15
THE PUBLIC REGARDLESS OF WHETHER THE INFORMATION IS ATTRIBUTABLE TO A 16
SPECIFIC COMPETITOR OR ANONYMIZED; AND 17
2. DERIVED FROM OR OTHER WISE PROVIDED TO A 18
PERSON BY ANOTHER PE RSON THAT COMPETES I N THE SAME MARKET AS THE 19
PERSON, OR IN A RELATED MARKET. 20
(II) “NONPUBLIC COMPETITOR DATA” INCLUDES INFORMATION 21
REGARDING: 22
1. ACTUAL RENT PRICES; 23
2. OCCUPANCY RATES; 24
3. LEASE START AND END DATES; AND 25
4. OTHER SIMILAR INFORMATION. 26
(4) “RENT” MEANS THE FIXED, PERIODIC PAYMENTS THAT A TENANT 27
PAYS THE LANDLORD TO RESIDE IN A RENTAL UNIT. 28
(B) A LANDLORD MAY NOT EMPLOY, USE, OR RELY ON, OR CAUSE ANOTHER 29
TO EMPLOY , USE, OR RELY ON , AN ALGORITHMIC DEVIC E THAT USES , 30
INCORPORATES, OR WAS TRAINED WITH NONPUBLIC COMPETITOR DATA TO SET: 31
4 HOUSE BILL 434
(1) THE AMOUNT OF RENT TO BE CHARGED FOR THE L EASE OF 1
RESIDENTIAL PROPERTY, INCLUDING DETERMINING ANY CHANGE IN RENT TO BE 2
CHARGED FOR THE RENEWAL OF A LEASE; 3
(2) LEASE RENEWAL TERMS; 4
(3) OCCUPANCY LEVELS; OR 5
(4) OTHER LEASE TERMS AND CONDITIONS. 6
(C) A VIOLATION OF THIS SECTION IS: 7
(1) AN UNFAIR , ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 8
THE MEANING OF TITLE 13 OF THE COMMERCIAL LAW ARTICLE; AND 9
(2) SUBJECT TO THE ENFORC EMENT AND PENALTY PR OVISIONS 10
CONTAINED IN TITLE 13 OF THE COMMERCIAL LAW ARTICLE. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 12
apply only prospectively and may not be applied or interpreted to have any effect on or 13
application to any landlord’s calculation of the amount of rent that the landlord charges for 14
the occupancy of a residential property under a rental agreement that is executed before 15
the effective date of this Act. 16
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2026. 18