SEC. 1. SHORT TITLE.
This act may be cited as the “Preventing Algorithmic Rent Fixing in the Rental Housing Market Act.”
SEC. 2. UNLAWFUL CONDUCT.
(a) In General.—
(1) CONSPIRACY IN RESTRAINT OF TRADE.—It is unlawful for any real estate lessor, in or affecting commerce, or any agent or subcontractor thereof, to subscribe to, contract with, or otherwise exchange anything of value in return for the services of a service provider. (2) FACILITATION OF CONSPIRACY IN RESTRAINT OF TRADE.—It is unlawful for any service provider, in or affecting commerce, to facilitate an agreement to not compete among real estate lessors with respect to residential dwelling units.
SEC. 3. DEFINITIONS.
(a) In general—
In this Act:
(1) COORDINATING.—The terms “coordinate” or “coordinating” mean, with respect to a service provider—
(A) collecting of historical or contemporaneous 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) analyzing or processing of the information described in subparagraph (A) using a system, software, or process that uses computation; and (C) recommending rental prices, lease terms, or occupancy levels to a real estate lessor.
(2) PERSON.—The term “person” means any natural person, corporation, partnership, limited liability company, firm, or association.’
(3) the term ‘predispute arbitration agreement’ means an agreement to arbitrate a dispute that has not yet arisen at the time of the making of the agreement; and (4) the term ‘predispute joint-action waiver’ means an agreement, whether or not part of a predispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement; and
(5) SERVICE PROVIDER .—The term “service provider” means any person that performs a coordination function, as defined in Section 3(a)(1) of this Act, for any real estate lessor or rentor.
(6) RESIDENTIAL DWELLING UNIT.—The term “residential dwelling unit”— (A) means any house, apartment, accessory unit, or other unit intended to be used as a person’s primary residence; and
(B) does not include inpatient medical care, licensed long-term care, and detention or correctional facilities.
(7) REAL ESTATE LESSOR.—The term “real estate lessor” means any individual, corporation, partnership, association, joint-stock company, trust, or unincorporated organization that owns real property and leases such property or any portion thereof in the form of a residential dwelling unit.
SEC. 4. ENFORCEMENT.
(a) Enforcement.—
(1) IN GENERAL.—
(A) PUBLIC ENFORCEMENT.—The Attorney General or any city, county, or district attorney may bring a civil action, as parens patriae on behalf of natural persons residing in the state, in the superior court of any county which has jurisdiction of a defendant, to secure monetary relief as provided in this section for injury sustained by those natural persons to their property by reason of any violation of this chapter. (B) PRIVATE RIGHT OF ACTION. Any person who is injured by reason of anything forbidden or declared unlawful by this chapter, may sue therefor in any court having jurisdiction in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, without respect to the amount in controversy.
(2) UNFAIR METHODS OF COMPETITION.—A violation of this Act shall also constitute an unfair method of competition.
(3) AWARD AMOUNT.—
(A) TREBLE DAMAGES.—The court shall award to the plaintiff threefold the damages sustained by the plaintiff.
(B) INTEREST ON DAMAGES.—Pursuant to a motion by the plaintiff promptly made, the court may award simple interest on actual damages sustained by the plaintiff for the period beginning on the date of service of the pleading of the plaintiff setting forth a claim under this Act and ending on the date of judgment, or for any shorter period therein.
(4) INVALIDITY OF PRE-DISPUTE ARBITRATION AGREEMENTS AND JOINT-ACTION WAIVERS.— At the election of the person alleging conduct constituting a violation of this section, or the named representative of a class or in a collective action alleging such conduct, no pre- dispute arbitration agreement or pre-dispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State or Local law and relates to a violation of this section.
(5) ATTORNEYS FEES AND COSTS.--In the case of any successful action to enforce liability pursuant to this Act, the costs of the action together with reasonable attorney fees as determined by the court shall be awarded to plaintiffs. Costs and attorney fees shall be awarded to the attorney general or a city, county, or district attorney in all actions where the attorney general or the city, county, or district attorney successfully enforces this article.
SEC. 5. SEVERABILITY.
If any provision of this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remaining provisions of this Act, and the application of such provisions to any person or circumstance shall not be affected thereby.