N.J. Stat. § 56:9-22: Definitions.

3. As used in this act:

“Affordability controls” means a restriction on rent price established pursuant to a government program, including, but not limited to: the federal section 8 Housing Choice Voucher Homeownership Program, authorized pursuant to Subpart M of Part 982 of Title 24 of the Code of Federal Regulations (24 CFR 982.601 et seq.); P.L.2004, c.140 (C.52:27D-287.1 et seq.); the “Fair Housing Act,” P.L.1985, c.222 (C.52:27D-301 et al.); any program administered by the New Jersey Housing and Mortgage Finance Agency; a rent control or rent leveling ordinance; or other local, State, or federal government housing programs.

“Algorithmic device” means a device that uses one or more algorithms to process or otherwise perform calculations of data, including, but not limited to, data concerning rental prices, material lease terms, or occupancy levels. 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; or (2) a database that only uses an algorithm to query unprocessed data stored on or within that database.

“Competitively sensitive information” means nonpublic information, including, but not limited to, prices, supply levels, security deposits, ideal occupancy levels, lease contract termination, renewal dates of residential dwelling units, or any other material lease terms.

“Coordinating function” means:

(1) collecting the competitively sensitive information of two or more rental property owners for the purpose of analyzing or processing information through the use of an algorithm or other automated process, including by using the information to train an algorithm, where the algorithm or other automated process is used to set or recommend rental prices, material lease terms, or occupancy levels;

(2) setting rental prices, material lease terms, or occupancy levels pursuant to an underlying algorithm or other automated process that analyzes or processes competitively sensitive information of any other rental property owner, including by using that competitively sensitive information to train an algorithm; or

(3) setting for or recommending to two or more rental property owners: rental prices, material lease terms, or occupancy levels pursuant to the same or a substantially similar underlying algorithm or other automated process, that facilitates parallel pricing coordination.

“Coordinating function” shall not include the following:

(1) providing, using, or collecting competitively sensitive information solely for the purpose of conducting research, statistical analysis, or testing, where the competitively sensitive information is not used in setting or recommending rental prices, material lease terms, fees, occupancy rates or levels, or other contract terms for current or future leases;

(2) developing an estimated amount of rent that is made available to the public at no cost;

(3) the use of a real estate brokerage database that is available on equal terms to subscribers that lists properties for rent or sale but does not:

(a) set or recommend rental prices, material lease terms, or occupancy rates or levels; or

(b) collect competitively sensitive information to set or recommend rental prices, material lease terms, or occupancy rates or levels; or

(4) a government entity setting or limiting rents or sale prices of residential property through affordability controls in accordance with the law.

“Coordinator” means any person who operates algorithmic revenue management software or an algorithmic device that performs a coordinating function for any rental property owner, including a rental property owner performing a coordinating function for their own benefit. “Coordinator” shall not include a government entity that sets or limits rents or sale prices of residential property through affordability controls in accordance with law.

“Nonpublic information” means information that is not available to the public at no cost. In instances where the information is combined with public information, all combined information shall be deemed nonpublic information.

“Person” means, unless the context requires otherwise, any natural person or persons or any corporation, partnership, company, trust, or association of persons.

“Parallel pricing coordination” means a tacit or express agreement between two or more rental property owners to raise, change, maintain, or manipulate pricing for the leasing of reasonably interchangeable residential dwelling units, unless required to do so in accordance with affordability controls. This includes agreements between a coordinator and multiple property owners.

“Rental property owner” means a person that owns, directly or indirectly, one or more rental residential dwelling units. Any person that holds a controlling interest in an entity that owns a rental residential dwelling unit shall be deemed to constitute a single rental property owner with that entity.

“Residential dwelling unit” means any house, apartment, accessory unit, or other unit intended to be used as a primary residence in the State. “Residential dwelling unit” shall not include inpatient medical care, licensed long-term care, or detention or correctional facilities.

“Tacit agreement” means mutual consent demonstrated without verbal or written communication. Mutual consent may, but need not, be demonstrated by a pattern of conduct.

L.2026, c.43, s.3.