P.L.2026, c.43 (A3497): Forbidding the Algorithmic Inflation of Rent (FAIR) Act

Summary

New Jersey made algorithmic rent coordination a violation of the New Jersey Antitrust Act. It is unlawful for a rental property owner to pay for the services of a coordinator, for a coordinator to facilitate an agreement among owners that restricts competition (including by performing a coordinating function), for anyone to engage in parallel pricing coordination, or for any person to perform a coordinating function. A coordinating function includes collecting two or more owners' nonpublic, competitively sensitive information to set or recommend rents, lease terms or occupancy levels by algorithm (including training an algorithm on it), and recommending rents to two or more owners from the same or a substantially similar algorithm. An algorithmic device excludes a spreadsheet that operates without AI and needs human analysis, and a database that only queries unprocessed data. Public rent estimates, research uses, equal-access brokerage listings and government affordability controls are excluded. The Attorney General must provide an online complaint location and may adopt rules; municipalities may not enact conflicting ordinances.

Key dates

1. July 20, 2026Enacted
2. October 16, 2026Checked against sources
3. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: January 15, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. This act shall be known and may be cited as the “Forbidding the Algorithmic Inflation of Rent (FAIR) Act.”

   Supports: Short title; chapter and bill number in page title

   It shall be unlawful and a violation of the “New Jersey Antitrust Act,” P.L.1970, c.73 (C.56:9-1 et seq.) for: a. a rental property owner, or any agent, representative, or subcontractor thereof, to receive, subscribe to, contract for, or otherwise exchange any form of consideration

   Supports: Core prohibition and antitrust enforcement

   An algorithmic device does not include: (1) a spreadsheet that (a) operates without artificial intelligence and (b) requires human analysis to process or otherwise perform calculations of data

   Supports: Algorithmic device exclusion

   This act shall take effect on the first day of the twelfth month next following the date of enactment. Approved July 20, 2026.

   Supports: Approval and effective date

   P.L. 2026, c.043 (A3497 1R ACS) New Jersey Legislature (Office of Legislative Services) Primary source

2. Governor Sherrill today signed the Forbidding the Algorithmic Inflation of Rent (FAIR) Act into law, establishing additional protections for renters by explicitly regulating the use of algorithmic rent-setting practices

   Supports: Signing

   Governor Sherrill Signs the Forbidding the Algorithmic Inflation of Rent (FAIR) Act Into Law to Protect Renters from Algorithmic Rent Setting Office of the Governor of New Jersey Primary source

3. The law is set to take effect on July 1, 2027.

   Supports: Effective date as a calendar date

   New Jersey Takes Aim at Algorithmic and Surveillance Pricing: What Landlords and Retailers Need to Know About the FAIR Act and the Fair Price Protection Act Crowell & Moring Reporting or analysis