Two Council members want to ban rent-setting software in Denver. A committee hears it Monday

Denver renters may soon hear more about software that helps landlords set rents. On Monday, Oct. 26, the Council's Budget and Policy Committee is scheduled to hear a "Proposal Related to Algorithmic Price Fixing of Rental Units," Council record 26-1360 (committee agenda).

Why it matters: if adopted, landlords who register under Denver's rental licensing program would have to attest they don't use these tools, and tenants could sue.

What the proposal says

The committee presentation lists Council members Shontel Lewis and Paul Kashmann as the authors. According to the slides, the draft ordinance would:

• Ban the tools. No one could sell or provide "algorithmic devices," or the data they generate, to a residential landlord, and landlords could not use them to set rents or vacancy levels.
• Tie it to licensing. Landlords on Denver's rental registry would attest they comply as a condition of their license. Tenants or tenant unions could complain to the Department of Licensing and Consumer Protection, which could fine up to $5,000 per violation and subpoena records.
• Let tenants sue. Renters could seek damages and civil penalties of up to $5,000 per violation in court, with attorney's fees if they win.

The slides cite figures that Denver ranked third nationally in 2023 for the share of apartments using RealPage pricing software, and second for the average monthly cost of that coordination, $136. They point to similar laws in San Francisco, Seattle, Philadelphia, Jersey City and Hoboken. The authors say they have shared draft language with the licensing department and corresponded with a tenants' group and with lobbyists for the Apartment Association of Metro Denver.

The state's attempts

The legislature has passed statewide bans before. Gov. Jared Polis vetoed House Bill 25-1004 in 2025, the second year in a row he vetoed such a bill, Colorado Politics reported. Polis said collusion is already illegal under state antitrust law and warned a ban could reduce rental supply, the outlet reported. The U.S. Justice Department and state attorneys general, including Colorado's, have sued RealPage, according to Bisnow.

What our records add

It has waited about seven weeks. The presentation was filed Sept. 8 and has had no committee action since, according to its Council record. A presentation is a briefing, not a vote; an ordinance would need to be filed, sent to a committee and passed on two readings.

It was on former Council member Sarah Parady's list. When the Council honored Parady at its Aug. 5 special meeting, the tribute named "discouraging algorithmic rental price fixing" among the issues she championed (video at 17:20). Parady resigned the at-large seat now on the Nov. 3 ballot.

The sponsors' records. You can see every bill Lewis and Kashmann have sponsored, and how they voted, on their pages: Lewis and Kashmann.

What's next

• Monday, Oct. 26, 1:30 p.m.: Budget and Policy Committee presentation (agenda; Legistar).
• If the sponsors move forward, the bill would go to a policy committee and then two Council votes. We'll track it on its matter page.

For background on who is running for the open seat, see Ten candidates, one empty seat.