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Subcommittee pauses two algorithmic pricing bills and refers issue to study after mixed testimony
Summary
Two bills aimed at curbing or investigating algorithmic rent‑setting tools were laid on the table and referred for study after opponents warned the language was broad and supporters urged clearer enforcement pathways.
Two related bills addressing algorithmic rent‑pricing tools were the subject of extended testimony and procedural referral.
Delegate Carlson introduced a bill (substitute adopted) seeking to clarify that use of algorithmic pricing and non‑public competitor data by housing managers can constitute unlawful price‑fixing; sponsor and advocates cited litigation and industry documents claiming algorithms can push rents higher and reduce concessions. Housing advocates said software recommendations and shared non‑public data can operate like a cartel: "if enough landlords used RealPage's software, they would likely move in unison," one witness read from litigation excerpts. Supporters said the measure would create a clearer path for the attorney general or affected parties to investigate and bring enforcement actions.
Opponents, including the Realtors, apartment associations and trade groups, argued the bills were broad, may sweep in legitimate analytics tools, and that ongoing federal litigation and investigations are still resolving key factual and legal points. RealPage representatives said subscribers are not required to adopt their price proposals and disputed blanket claims of collusion.
After discussion the subcommittee moved to "lay the bill on the table" and send it to the joint committee on science and technology (the transcript records that motion carried by a vote of 6 to 2). Delegate Anthony's related bill (HB 2,047), which would create an algorithmic‑pricing ombudsman and investigatory office tailored to housing concerns, was likewise laid on the table with a letter to the joint committee so the topic can be examined together.
Both sponsors said they welcome study and further stakeholder work but sought legal clarity or an enforcement mechanism tailored to rental markets. The referral gives the joint committee and related advisory bodies a venue to recommend statutory language or administrative steps for future sessions.
