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Agenda Packet_2026-03-03
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Agenda Packet_2026-03-03
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Agenda Packet
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City Council
Date
3/3/2026
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EXHIBIT 1 <br /> renters in units that were not managed with algorithms. The average monthly <br /> cost for Santa Ana is unavailable. <br /> G. In response to the use of algorithmic devices to set rental rates and occupancy <br /> levels, in August 2024, the United States Department of Justice (DOJ) filed a <br /> lawsuit against RealPage, Inc. Eight Attorneys General, including California <br /> Attorney General Rob Bonta, joined the DOJ's lawsuit. The DOJ amended its <br /> lawsuit in January 2025 to add two Attorneys General and name landlords and <br /> defendants. This lawsuit was settled in November 2025 and per the DOJ, <br /> "the proposed settlement would help restore free market competition in <br /> rental markets for millions of American renters." Per the settlement, RealPage <br /> did not admit any wrongdoing or liability, RealPage must not use their <br /> competitors' non-public information, and an independent monitor will ensure <br /> compliance for seven (7) years. City renters cannot hope that RealPage does <br /> not violate the settlement nor that RealPage will be caught by the independent <br /> monitor. <br /> H. RealPage filed a federal lawsuit against the City of Berkeley in April 2025 <br /> challenging their ordinance that bans landlords from using algorithmic revenue <br /> management software for setting rental rates. While the litigation is pending, <br /> and as RealPage will be monitored City renters cannot wait for this lawsuit to <br /> run its course. The Council wishes to provide immediate relief to City renters <br /> by prohibiting the sale, licensing, and use of algorithmic devices that use or <br /> incorporate nonpublic competitor data to advise a landlord on, or recommend <br /> to a landlord, rental rates or occupancy levels that may be achieved for <br /> residential real property in the City. <br /> Section 2. The recitals and statements of fact set forth in the preamble to this <br /> ordinance are true and correct, constitute a substantive part of the ordinance, and are <br /> incorporated herein by reference. <br /> Section 3. Article XXIII (Prohibition of Anti-Competitive Automated Rent Price- <br /> Fixing) is added to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code <br /> to read as follows: <br /> Section 8-3600 — Purpose and Intent <br /> The purpose and intent of this Article is to protect the residents of Santa Ana from <br /> artificially inflated rental rates and unfair rent increases by prohibiting the sale, licensing, <br /> and use of Algorithmic Devices. This Article also provides Tenants with remedies for <br /> violations of this Article. <br /> Section 8-3601 — Definitions <br /> (a) For purposes of this Article, the words and phrases shall be defined as set forth <br /> herein, unless the context clearly indicates a different meaning is intended. <br /> Ordinance No. NS-XXXX <br /> Page 2 of 7 <br /> City Council 19 — 4 3/3/2026 <br />
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