Virginia Residential Landlord and Tenant Act; algorithmic device services or products prohibited; civil penalty.
What changed between versions
The definition of 'algorithmic device' was updated to explicitly identify it as 'revenue management software' and clarify that it uses non-public competitor data to advise landlords on whether to leave units vacant or what rent to charge.
The definition of 'nonpublic competitor data' was slightly modified to clarify that data is non-public if it is not available to the general public, regardless of whether it is anonymized.
A new requirement was added making it unlawful for landlords to use algorithmic devices when setting rents or occupancy levels, in addition to prohibiting the sale of such devices.
The violation language was modified to specify that each month a violation continues and each separate dwelling unit constitutes a separate violation, increasing potential penalties.
The exemption for algorithmic devices using nonpublic competitor data was removed entirely in the amended version, whereas the original version allowed an exception if data was made available to the public in aggregated and anonymous form.
