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Law / United States / California / San Diego

Prohibition of Anti-Competitive Automated Rent Price-Fixing Ordinance (Ord. O-21955 N.S.)

San Diego Municipal Code secs. 98.1101 through 98.1104

In force since .

An AI prohibited practices rule binding private bodies.

How the hook was established
express
What it reaches
supply
What makes it apply
Operator establishment, Place of effect
Obligation class
Prohibition
Audit expectation
none

What it requires

  • Do not sell, license, or otherwise provide to a landlord any device that uses nonpublic competitor rent or occupancy data to advise on rental rates or occupancy levels for residential property in San Diego

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
NIST AI 600-1
MIT mitigations Draft
  • 1.5Safety Decision Frameworks
  • 3.3Access Management
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
  • 5.1.4-5End-users told which uses of the system are prohibited.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureYes

Private right of actionYes

Criminal exposure note

Section 98.1104(c) lets the City enforce the Division through Chapter 1, Article 2 of the Municipal Code, including criminal remedies. Under section 12.0201 a violation is a misdemeanor, which the City Attorney may charge as an infraction, punishable on conviction as a misdemeanor by a fine of up to $1,000, imprisonment in the county jail for up to six months, or both.

Penalty structure

Maximum civil penalty a court may assess in an action the City brings under Chapter 1, Article 2 of the Municipal Code, which section 98.1104(c) makes available for this Division. Section 12.0202(b) states it per violation for each day a violation continues, while section 98.1103(b) counts each month of a landlord's use and each property as a separate violation. A tenant's own civil action under section 98.1104(a) seeks civil penalties of up to $1,000 per violation.

Rule
Per violation only
As of
Currency
USD
Per violation unit
Violation
Per violation amount
2,500

Who enforces it

Enforcement body

A tenant, by civil action against a landlord under section 98.1104(a); the City, which may enforce the Division under Chapter 1, Article 2 of the Municipal Code, including civil and criminal remedies, under section 98.1104(c).

Settledness

As of
Open questions
  • Does an appraisal tool stay within exclusion (c) of San Diego Municipal Code section 98.1102 when a landlord later uses its output to set rent, given that the exclusion turns on whether it "does not recommend rental rates during the runtime operation of the software or product"?
  • How does a vendor show that data is "more than 90 days old" under exclusion (a) of San Diego Municipal Code section 98.1102 when its report mixes older aggregated data with newer data?

What it makes you log

Logging duty

The division prohibits selling or using an algorithmic device and sets civil remedies for a violation. It states no duty to create, keep, or produce on demand any record of rental rates set, devices used, or data shared.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

It is unlawful for a person to sell, license, or otherwise provide an algorithmic device to a landlord, and separately unlawful for a landlord to use an algorithmic device, defined as software using nonpublic competitor rent or occupancy data, to set rental rates or occupancy levels for residential rental property in San Diego. Each month of a landlord's violation and each affected property is a separate violation. A tenant may sue for injunctive relief, damages, or civil penalties of up to $1,000 per violation.

When LexLint raises it

When your app profile says your app makes housing decisions.

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