§98.1102 Definitions — San Diego Zoning Code

For purposes of this Division, defined terms appear in italics. The following definitions apply in this Division:

Algorithmic device means a software or product that uses or incorporates one or more algorithms to perform calculations of nonpublic competitor data of two or more landlords to advise a landlord on, or recommend to a landlord , rental rates or occupancy levels that may be achieved for a residential rental property in the City of San Diego. Algorithmic device does not include the following:

(a) A software or product used by a person to publish reports regarding rental rates or occupancy levels from aggregated historical nonpublic competitor data that is more than 90 days old, or from information available to the general public, and does not recommend rental rates or occupancy levels for future residential rental property leases or renewals.
(b) A software or product used by a person to establish rental rates or income limits in accordance with local, state, or federal affordable housing program guidelines.
(c) A software or product used by a person conducting an appraisal that does not recommend rental rates during the runtime operation of the software or product.

Landlord has the same meaning as in San Diego Municipal Code section 98.0702, as may be amended.

Ch. Art. Div. 9 8 11 1

San Diego Municipal Code

Chapter 9: Building, Housing and Sign Regulations

(6-2025)

Lease has the same meaning as in San Diego Municipal Code section 98.0702, as may be amended.

Nonpublic competitor data means information that is not available to the general public, whether the information is attributable to a specific competitor or anonymized or whether the information is derived from or otherwise provided by another person . Nonpublic competitor data includes information about actual rental rates, rental rate changes, residential rental property supply levels, occupancy levels, or lease start and end dates.

Person has the same meaning as in San Diego Municipal Code section 11.0210, as may be amended.

Residential rental property has the same meaning as in San Diego Municipal Code section 98.0702, as may be amended.

Tenant has the same meaning as in San Diego Municipal Code section 98.0702, as may be amended.

(“Definitions” added 5-22-2025 by O-21955 N.S.; effective 6-21-2025.)