Law / United States /
New Jersey
Forbidding the Algorithmic Inflation of Rent (FAIR) Act
P.L. 2026, c. 33 (A3497), supplementing the New Jersey Antitrust Act, N.J. Stat. § 56:9-1 et seq.
An AI prohibited practices rule binding private bodies.
- Audit expectation
- none
What it requires
- If you are a rental property owner, or operate as a coordinator, do not use an algorithmic device, other than a plain spreadsheet or an unprocessed-data database, to process nonpublic, competitively sensitive rental data (prices, lease terms, occupancy levels) of two or more New Jersey rental property owners in order to set, recommend, or facilitate coordinated pricing, lease terms, or occupancy levels among them.
- Collecting or using such data solely for research, statistical analysis, or testing, without using it to set or recommend prices, remains lawful, as does a free public rent estimate or a real-estate listing database, available on equal terms to subscribers, that does not itself set or recommend prices.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
What it makes you log
Logging duty
The Act bars a rental property owner or coordinator from using an algorithmic device to coordinate rental pricing or terms, and directs the Attorney General to establish a complaint channel. It creates no duty on a rental property owner, coordinator, or any other regulated person to create, keep, or produce a log or record of the data an algorithmic device processes or the prices it sets or recommends.
- Kind
- None
- As of
What this law does
Makes it unlawful, as a violation of the New Jersey Antitrust Act, for a rental property owner to pay for or use the services of a "coordinator," for a coordinator to facilitate a tacit or express pricing agreement among rental property owners including by performing a "coordinating function," for two or more persons to engage in parallel pricing coordination, or for any person to perform a coordinating function.
A "coordinating function" covers using an algorithmic device, other than a plain spreadsheet or an unprocessed-data database, to collect nonpublic, competitively sensitive rental data (prices, lease terms, occupancy) from two or more rental property owners and use it, including to train an algorithm, to set or recommend rental prices, lease terms, or occupancy levels for those owners.
Excluded are collecting such data solely for research, statistical analysis, or testing without using it to set prices, a publicly available free rent estimate, and a real-estate listing database available on equal terms that does not itself set or recommend prices. The Attorney General must establish a complaint intake channel and may adopt implementing rules. Signed by Governor Sherrill on .
When LexLint raises it
When your app profile says your app makes housing decisions.
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