"Algorithmic device"shall mean a software or product that uses or incorporates analytical or computational processes that use nonpublic competitor data to calculate and recommend rent prices, fees, occupancy rates or other rental contract terms for future leases in coordination between a landlord who owns a rental unit in the City of West Hollywood and one or more of such landlord's competitors, including through a third-party vendor. "Algorithmic device" does not include either of the following: (a) a software or product used by a person to generate or publish reports, studies, or presentations regarding existing residential rental rates or residential rental occupancy levels in an aggregated and anonymous manner but does not recommend rent prices or fees for future residential tenancies or occupancy levels for rental housing units; (b) a software or product used by a person to establish residential rental rates or income limits in accordance with any local, state, or federal affordable housing program requirement; or (c) a product or process that provides or uses, or the provision or use of, information for the purpose of: (i) conducting market research for project financing; (ii) conducting an appraisal; or (iii) conducting research, testing, or training for software development. For clarity, "research, testing, or training for software development" includes, without limitation, the use or processing of nonpublic competitor data in the development, training, or testing of predictive or machine learning models so long as any such data is not used as an input in the operation of the model at the time a recommendation is calculated for publication or provision to a landlord.
"Nonpublic competitor data"shall mean information that is not available to the general public about actual residential rental rates, residential rental rate changes, residential rental property supply levels, occupancy levels, lease start and end dates, and similar data regarding a property other than a property that is owned or managed by the landlord who is the recipient or user of the generated recommendation, when such data is less than 90 days old.
(Ord. 26-08, 5/4/2026)