Law / United States / California / City and County of San Francisco

Use and Sale of Algorithmic Devices Prohibited (Rent Ordinance Sec. 37.10C), as amended by Ord. No. 169-25

San Francisco Administrative Code (Rent Ordinance) sec. 37.10C

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 San Francisco landlord any device that uses nonpublic competitor rent or occupancy data to recommend rents or occupancy levels for a residential unit in San Francisco

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

Private right of actionYes

Penalty structure

Civil penalties of up to $1,000 per violation, sought by the City Attorney under subdivision (d)(1) and available to a tenant under subdivision (d)(2) and to a qualifying tenant nonprofit under subdivision (d)(3). Each month a violation exists or continues, and each dwelling unit for which a landlord used the device, is a separate violation under subdivision (b).

Rule
Per violation only
As of
Currency
USD
Per violation unit
Violation
Per violation amount
1,000

Who enforces it

Enforcement body

The City Attorney, by civil action under section 37.10C(d)(1); a tenant, by private civil action under section 37.10C(d)(2) for a landlord's use of an algorithmic device; and a tax-exempt nonprofit whose primary mission is protecting the rights of tenants in San Francisco, under section 37.10C(d)(3).

Settledness

As of
Open questions
  • Does a product that recommends rents from a landlord's own leases alone use "non-public competitor data" under Rent Ordinance section 37.10C(c)(2), where the definition reaches information "derived from or otherwise provided by another person that competes in the same market or a related market"?
  • Does an aggregated report of existing rental data stay within exclusion (c)(1)(A) of Rent Ordinance section 37.10C when a landlord uses it to choose rents, given that the exclusion applies where the report "does not recommend rents or occupancy levels for future leases"?

What it makes you log

Logging duty

The Rent Ordinance 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 rents 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 to sell, license, or otherwise provide to a San Francisco landlord an algorithmic device, commonly known as revenue management software, that uses nonpublic competitor rent or occupancy data to recommend rents or occupancy levels for a residential unit, and separately unlawful for a landlord to use such a device. Each month of use and each affected unit is a separate violation.

A tenant, the City Attorney, or a nonprofit with a primary mission of protecting San Francisco tenants may sue for damages, injunctive relief, 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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