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Protect Consumers, Advance Innovation: Industry Leaders Press for National Data Privacy Framework

Data is king and everyone knows it . . . including criminals. Cyber-crime, already a multi-billion-dollar industry, is growing faster than ever before, while cyber criminals themselves grow more sophisticated by the day. That puts a lot of pressure on rental-housing operators to safely handle confidential consumer data. It has become a non-negotiable part of running a good business, even as the regulatory landscape for data privacy and security has become increasingly complex. Too complex. 

There has never been a more urgent need for a comprehensive, national data-privacy standard, and there has never been a better time for federal policymakers to enact such a standard. That’s the message that we—along with the National Multifamily Housing Council—delivered in a recent detailed letter to the House Energy and Commerce Committee’s Data Privacy Working Group. The letter builds on years of advocacy for a smart, workable data-privacy framework that protects both consumers and housing providers. 

Today, rental housing providers rely on sensitive personal information to carry out essential functions—from resident screening and payment tracking to innovative technology that improves housing access and affordability. As we wrote to Chairman Guthrie and Vice Chairman Joyce, “The relationship between a resident and the housing provider may span years and involve the collection and use of various types of information.” This data helps ensure safe, efficient, and compliant housing operations—but it also makes the industry a target for cyberattacks. 

At the same time, the lack of a uniform federal data privacy law has created a confusing, costly patchwork of conflicting state and local regulations. This regulatory maze increases compliance costs, legal risks, and uncertainty, all of which drive up rents and reduce housing affordability. As we warned in our letter, “This needless complexity endangers the very consumers that these laws are meant to protect.” 

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We urged Congress to address these challenges by creating a national framework for data privacy and security. Here’s what we suggested:

  • Privacy Frameworks & Preemption: A single federal standard is needed to replace the confusing patchwork of state laws, which creates compliance challenges and risks for both providers and renters.
  • Roles and Responsibilities: Federal law should clearly assign liability for data breaches to the responsible party—especially third-party suppliers—to avoid costly legal confusion and protect consumers.
  • Personal Information & Consumer Rights: Housing providers must retain the ability to use sensitive data for operations and compliance. Allowing broad lawsuits for breaches could increase costs and harm housing affordability.
  • Accountability & Enforcement: Enforcement should scale with business size and data sensitivity. Regulations must be flexible, avoid excessive burdens, and protect end-users from undue liability.
  • Artificial Intelligence: A national privacy framework must come before AI regulation. Current laws, like the Fair Housing Act, already offer strong consumer protections, and overregulation could slow housing innovation.

As Congress considers its path forward, we stand ready to collaborate. The goal is clear: protect consumer data, enable technological progress, and ensure the housing industry has the tools it needs to provide safe, affordable, and innovative housing solutions nationwide. Policymakers have a chance to get this right, and we are committed to helping make that happen.

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