Assembly Bill 142 aims to regulate the use of algorithmic software in the residential housing market in Wisconsin. The bill explicitly prohibits the use of such software for setting rental rates or occupancy levels for residential units and bans the sale, licensing, or provision of algorithmic software to residential landlords. The definition of algorithmic software includes any software that utilizes algorithms to analyze nonpublic competitor data related to rent or occupancy levels. The bill also outlines enforcement mechanisms, allowing the Department of Agriculture, Trade and Consumer Protection, the attorney general, or district attorneys to investigate violations and seek civil penalties of up to $1,000 per violation. Additionally, tenants are granted the right to file civil actions for damages or injunctive relief in cases of violations.
Furthermore, the bill stipulates that any lease provision that waives a landlord's obligation to comply with the prohibition on algorithmic software or that discourages tenants from seeking legal recourse will render the rental agreement void and unenforceable. The new legal language created under sections 704.44 (11) and 704.60 establishes these prohibitions and enforcement measures, ensuring that tenants are protected from potential abuses related to algorithmic decision-making in rental practices.