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Ordinance No. NS-XXXX <br />Page 3 of 7 <br />(b) Words and phrases used in this Article, which are not specifically defined, shall <br />be construed according to their context and the customary usage of the language. <br />(c) Words and phrases defined: <br />“Algorithmic Device” means a software or product that uses or incorporates one or <br />more algorithms to perform calculations of Nonpublic Competitor Data concerning <br />rental rates, occupancy levels, or other information regarding the leasing of <br />Residential Rental Property to advise a Landlord on, or recommend to a Landlord, <br />rental rates or occupancy levels that may be achieved for a Residential Rental <br />Property in the City of Santa Ana. Algorithmic Device does not include either of <br />the following: <br />1)A software or product used by a Person to publish reports regarding rental rates <br />or occupancy levels from aggregated historical Nonpublic Competitor Data that <br />is more than 90 days old, or from information available to the general public, <br />and does not recommend rental rates or occupancy levels for future Residential <br />Rental Property Leases or renewals. <br />2)A software or product used by a Person to establish rental rates or income <br />limits in accordance with local, state, or federal affordable housing program <br />guidelines. <br />“Landlord” means an owner and any Person, acting as principal or through an <br />agent, who has the right to offer Residential Real Property for rent, and includes a <br />predecessor in interest to the Landlord. <br />“Lease” means any lease, sublease, or agreement, written or oral, for the use and <br />occupancy of Residential Rental Property. <br />“Nonpublic Competitor Data” means information that is not available to the general <br />public, whether the information is attributable to a specific competitor or <br />anonymized or whether the information is derived from or otherwise provided by <br />another Person. Nonpublic Competitor Data includes information about actual <br />rental rates, rental rate changes, Residential Rental Property supply levels, <br />occupancy levels, or Lease start and end dates. <br />“Person” means any natural person, firm, joint venture, joint stock company, <br />partnership, association, club, company, corporation, business trust, organization, <br />or the manager, lessee, agent, servant, officer or employee of any of them or any <br />other entity which is recognized by law as the subject of rights or duties. <br />“Residential Rental Property” means any dwelling or unit that is intended for human <br />habitation, including any dwelling or unit in a mobilehome park. <br />EXHIBIT 1