New Jersey enacted the FAIR Act (A3497) on July 20, 2026. The law addresses the use of algorithmic pricing systems in residential rental markets, including circumstances in which landlords use competitively sensitive information and algorithmic tools to facilitate coordinated pricing.

The legislation is particularly significant because it expressly addresses parallel pricing coordination and tacit agreements in the residential rental sector. The statute does not, however, eliminate the concept of agreement altogether. Its provisions expressly contemplate both express and tacit agreements in defining prohibited conduct.

The FAIR Act is likely to receive attention from regulators, landlords, technology providers and antitrust practitioners as governments continue to examine whether algorithmic pricing systems can facilitate coordination between competitors.