,,ii  #aahth ,,congress  #b;d ,session  
,s4 #cfib  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,january #cj1  
#bjbd,mr4 ,wyden 7for himself1 ,mr4     
,welch1 ,ms4 ,klobuchar1 ,mr4 ,sanders1 
,mr4 ,blumenthal1 ,ms4 ,hirono1 ,ms4    
,butler1 and ,mr4 ,merkley7 introduced  
the following bill2 which was read twice
 and referred to the ,committee on the  
,judiciary  ,a ,,bill  ,to prohibit the 
use of algorithmic systems to           
artificially inflate the price or reduce
 the supply of leased or rented         
residential dwelling units in the       
,united ,states4  #a4 ,short title ,this
 ,act may be cited as the ,preventing   
the ,algorithmic ,facilitation of       
,rental ,housing ,cartels ,act of #bjbd4
  #b4 ,definitions ,in this ,act3 7#a7  
,chair ,the term ,chair means the ,chair
 of the ,commission4  7#b7 ,commission  
,the term ,commission means the ,federal
 ,trade ,commission4  7#c7 ,consciously 
parallel pricing coordination ,the term 
consciously parallel pricing            

coordination means a tacit agreement    
between #b or more rental property      
owners to raise1 lower1 change1         
maintain1 or manipulate pricing for the 
purchase or sale of reasonably          
interchangeable products or services4   
7#d7 ,coordinating function ,the term   
coordinating function means-- 7,a7      
collecting historical or contemporaneous
 prices1 supply levels1 or lease or     
rental contract termination and renewal 
dates of residential dwelling units from
 #b or more rental property owners2     
7,b7 analyzing or processing of the     
information described in subparagraph   
7,a7 using a system1 software1 or       
process that uses computation1 including
 by using that information to train an  
algorithm2 and  7,c7 recommending rental
 prices1 lease renewal terms1 or ideal  
occupancy levels to a rental property   
owner4  7#e7 ,coordinator ,the term     
coordinator means any person that       
operates a software or data analytics   
service that performs a coordinating    

function for any rental property owner1 
including a rental property owner       
performing a coordinating function for  
their own benefit4  7#f7 ,person ,the   
term person has the meaning given the   
term in subsection 7a7 of the first     
section of the ,clayton ,act 7#ae       
,u4,s4,c4 #ab74  7#g7 ,pre-dispute      
arbitration agreement ,the term         
pre-dispute arbitration agreement means 
an agreement between #b or more parties 
to arbitrate a dispute between the      
parties that is made before any dispute 
has arisen4  7#h7 ,pre-dispute joint    
action waiver ,the term pre-dispute     
joint action waiver means an agreement  
between #b or more parties1 which may be
 part of a pre-dispute arbitration      
agreement1 that-- 7,a7 would prohibit or
 waive the right of a party to          
participate in a joint1 class1 or       
collective action in a judicial1        
arbitral1 administrative1 or other forum
 relating to a dispute between parties2 
and  7,b7 is made before any dispute has

 arisen4  7#i7 ,residential dwelling    
unit ,the term residential dwelling     
unit-- 7,a7 means any house1 apartment1 
accessory unit1 or other unit intended  
to be used as a primary residence2 and  
7,b7 does not include inpatient medical 
care1 licensed long-term care1 and      
detention or correctional facilities4   
7#aj7 ,rental property owner ,the term  
rental property owner means any         
individual1 corporation1 partnership1   
association1 joint-stock companies1     
trusts1 or unincorporated organizations 
that owns real property and leases or   
rents such property or any portion      
thereof in the form of #d or more       
residential dwelling units4  7#aa7      
,state ,the term ,state means any ,state
 of the ,united ,states1 the ,district  
of ,columbia1 the ,commonwealth of      
,puerto ,rico1 and any territory or     
possession of the ,united ,states4  #c4 
,unlawful conduct  7a7 ,in general  7#a7
 ,contract or conspiracy in restraint of
 trade ,it is unlawful for a rental     

property owner1 in or affecting         
commerce1 or any agent or subcontractor 
thereof1 to subscribe to1 contract with1
 or otherwise exchange anything of value
 in return for the services of a        
coordinator1 and such action shall be   
deemed to be a per se violation of the  
,sherman ,act 7#ae ,u4,s4,c4 #a et      
seq474  7#b7 ,facilitation ,it is       
unlawful for a coordinator1 in or       
affecting commerce1 to facilitate an    
agreement among rental property owners  
to not compete with respect to          
residential dwelling units1 including by
 performing a coordinating function4    
7#c7 ,anti-competitive merger ,it is    
unlawful for any coordinator1 in or     
affecting commerce1 to acquire1 directly
 or indirectly1 the whole or any part of
 the stock or other share capital of    
another coordinator if the acquisition  
would create an appreciable risk of     
materially lessening competition in     
violation of section #g of the ,clayton 
,act 7#ae ,u4,s4,c4 #ah71 or tend to    

create a monopoly or monopsony1 and any 
such acquisition shall be deemed a      
violation of such section4  #d4         
,enforcement  7a7 ,enforcement  7#a7 ,in
 general  7,a7 ,federal ,trade          
,commission ,the ,commission shall      
enforce this ,act in the same manner1 by
 the same means1 and with the same      
jurisdiction1 powers1 and duties as     
though all applicable terms of the      
,federal ,trade ,commission ,act 7#ae   
,u4,s4,c4 #da et seq47 were incorporated
 into and made a part of this ,act4     
7,b7 ,attorney ,general ,the ,attorney  
,general shall enforce this ,act in the 
same manner1 by the same means1 and with
 the same jurisdiction1 powers and      
duties as though all applicable terms of
 the ,sherman ,act 7#ae ,u4,s4,c4 #a et 
seq471 ,clayton ,act 7#ae ,u4,s4,c4 #ab 
et seq471 and ,antitrust ,civil ,process
 ,act 7#ae ,u4,s4,c4 #acaa et seq47 were
 incorporated into and made a part of   
this ,act4  7,c7 ,state attorneys       
general ,any attorney general of a      

,state shall enforce this ,act in the   
same manner1 by the same means1 and with
 the same jurisdiction1 powers and      
duties as though all applicable terms of
 the ,sherman ,act 7#ae ,u4,s4,c4 #a et 
seq47 and the ,clayton ,act 7#ae        
,u4,s4,c4 #ab et seq47 were incorporated
 into and made a part of this ,act4     
7#b7 ,unfair methods of competition ,a  
violation of this ,act shall also       
constitute an unfair method of          
competition under section #e of the     
,federal ,trade ,commission ,act 7#ae   
,u4,s4,c4 #de74  7#c7 ,independent      
litigation authority ,if the ,commission
 has reason to believe that a person    
violated this ,act1 the ,commission may 
commence a civil action1 in its own name
 by any of its attorneys designated by  
it for such purpose1 to recover a civil 
penalty and seek other appropriate      
relief in any district court of the     
,united ,states4  7#d7 ,standards of    
pleading ,in a civil action under this  
subsection1 a complaint-- 7,a7 plausibly

 pleads a violation of section #a or    
#c7;a7 of the ,sherman ,act 7#ae        
,u4,s4,c4 #a1 #c7;a77 if the complaint  
contains factual allegations1 including 
allegations of consciously parallel     
pricing coordination1 demonstrating that
 the existence of a contract1           
combination in the form of trust or     
otherwise1 or conspiracy in restraint of
 trade or commerce is among the realm of
 plausible possibilities2 and  7,b7 need
 not allege facts tending to exclude the
 possibility of independent action4  7b7
 ,civil actions by injured persons  7#a7
 ,civil action authorized ,any person   
who is aggrieved by a violation of this 
,act may bring a civil action in an     
appropriate district court of the       
,united ,states1 without respect to the 
amount in controversy1 to recover an    
amount described in paragraph 7#b74     
7#b7 ,award amount  7,a7 ,in general    
,the court shall award to the plaintiff 
threefold the damages sustained by the  
plaintiff and the reasonable cost of    

litigation1 including a reasonable      
attorney fee4  7,b7 ,interest on damages
 ,pursuant to a motion by the plaintiff 
promptly made1 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 judgment1 or for  
any shorter period therein4  7#c7       
,invalidity of pre-dispute arbitration  
agreements and pre-dispute joint action 
waivers ,at the election of the         
plaintiff in an action authorized under 
paragraph 7#a71 a pre-dispute           
arbitration agreement or pre-dispute    
joint action waiver relating to a       
violation of this ,act shall be invalid 
or unenforceable4  #e4 ,relationship to 
,state and local laws ,nothing in this  
,act may be construed to preempt any    
,state1 ,tribal1 city1 or local law1    
regulation1 or ordinance that explicitly
 supplements this ,act4  #f4            

,severability ,if any provision of this 
,act1 or the application of such a      
provision to any person or circumstance1
 is held to be unconstitutional1 the    
remaining provisions of this ,act1 and  
the application of such provisions to   
any person or circumstance shall not be 
affected thereby4