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"Algorithmic Device" means a software or product that uses or incorporates one <br /> or more algorithms to perform calculations of Nonpublic Competitor Data <br /> concerning rental rates, occupancy levels, or other information regarding the <br /> leasing of Residential Rental Property to advise a Landlord on, or recommend <br /> to a Landlord, rental rates or occupancy levels that may be achieved for a <br /> Residential Rental Property in the City of Santa Ana. Algorithmic Device does <br /> not include either of the following: <br /> 1) A software or product used by a Person to publish reports regarding <br /> rental rates or occupancy levels from aggregated historical Nonpublic <br /> Competitor Data that is more than 90 days old, or from information available to <br /> the general public, and does not recommend rental rates or occupancy levels <br /> for future Residential Rental Property Leases or renewals. <br /> 2) A software or product used by a Person to establish rental rates or <br /> income limits in accordance with local, state, or federal affordable housing <br /> program 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 <br /> a predecessor in interest to the Landlord. <br /> "Lease" means any lease, sublease, or agreement, written or oral, for the use <br /> and occupancy of Residential Rental Property. <br /> "Nonpublic Competitor Data" means information that is not available to the <br /> general public, whether the information is attributable to a specific competitor <br /> or anonymized or whether the information is derived from or otherwise provided <br /> by another Person. Nonpublic Competitor Data includes information about <br /> actual rental rates, rental rate changes, Residential Rental Property supply <br /> levels, 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, <br /> organization, or the manager, lessee, agent, servant, officer or employee of any <br /> of them or any other entity which is recognized by law as the subject of rights <br /> or duties. <br /> "Residential Rental Property" means any dwelling or unit that is intended for <br /> human habitation, including any dwelling or unit in a mobile home park. <br /> "Tenant" means a tenant, subtenant, lessee, sublessee, or any other natural <br /> person entitled to Lease any Residential Real Property. <br /> Section 8-3702 — Use and Sale of Algorithmic Devices Prohibited <br /> (a) It is unlawful for a person to sell, license, or otherwise provide an Algorithmic <br /> Device to a Landlord. <br /> Ordinance No. NS-3090 <br /> Page 3of5 <br />