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