NJ Forbidding the Algorithmic Inflation of Rent (FAIR) Act

New Jersey — Forbidding the Algorithmic Inflation of Rent (FAIR) Act (A3497/S451)
New Jersey · FAIR Act, N.J. P.L.2026, c.43 (A3497/S451), C.56:9-20 to 56:9-26 — approved July 20, 2026; effective July 1, 2027

Status
Enacted (not yet in effect)
Takes effect
July 1, 2027
Applies to
Residential landlords in New Jersey using algorithmic rent-pricing software
Enforced by
New Jersey Attorney General (Antitrust Act enforcement; complaint portal and rulemaking under the act)

New Jersey Governor Sherrill signed the Forbidding the Algorithmic Inflation of Rent (FAIR) Act on July 20, 2026 (P.L.2026, c.43). Starting July 1, 2027, it is a violation of the New Jersey Antitrust Act for landlords to pay for or use the services of an algorithmic rent 'coordinator' — software that sets or recommends rents, lease terms or occupancy levels using competitors' nonpublic data or the same pricing algorithm across multiple landlords — and for anyone to perform that coordinating function. RealPage-style revenue-management tools are the target. Municipal ordinances that conflict with the act are preempted.

Who is protected: New Jersey residential tenants

Legal detail

N.J. P.L.2026, c.43 (A3497 1R ACS, substituted for S451; C.56:9-20 to 56:9-26), approved July 20, 2026. Assembly passed 57-22 and Senate 33-4 on June 30, 2026. Sec. 4: 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 agent to exchange consideration for the services of a coordinator; (b) a coordinator to facilitate an agreement restricting competition, including by performing a coordinating function; (c)-(d) parallel pricing coordination; (e) any person to perform a coordinating function. 'Coordinating function' covers collecting two or more owners' competitively sensitive (nonpublic) information to set/recommend rents, lease terms or occupancy, setting prices from another owner's such data, or recommending prices to multiple owners via the same or a substantially similar algorithm; excludes research-only use, free public rent estimates, equal-terms brokerage listing databases, and government affordability controls. Sec. 5: Antitrust Act remedies (C.56:9-6 through 9-17) apply. Sec. 6(b): conflicting municipal ordinances prohibited. Sec. 7: AG complaint portal; Sec. 8: AG rulemaking. Sec. 9: effective first day of the twelfth month after enactment (July 1, 2027).

Key facts

JurisdictionNew Jersey
LevelState
StrengthModerate
EnactedJuly 20, 2026
CitationFAIR Act, N.J. P.L.2026, c.43 (A3497/S451), C.56:9-20 to 56:9-26 — approved July 20, 2026; effective July 1, 2027
Private right of actionYes, individuals can sue
PenaltiesNew Jersey Antitrust Act remedies (N.J.S.A. 56:9-6 through 56:9-17) apply to violations
Topicshousing and credit decisions · automated decision-making · consumer protection
StatuteP.L.2026, c.43 (A3497 1R ACS) — New Jersey Legislature advance law text

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