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

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

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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