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San Diego bans AI-driven rental pricing software

San Diego City Council voted to ban RealPage's algorithmic rent-setting software, joining other cities in restricting what officials characterize as price-fixing technology that uses competitors' private data to inflate rental prices. The ban comes amid a federal antitrust lawsuit against RealPage filed by the Justice Department.

15 April 2025 Β· RealPage Β· Governance, accountability and labour
15 April 2025
AII-1001-894232 sources ↓
Quick facts
Category
Governance, accountability and labour
Country
United States
Source
ABC 10 News San Diego KGTV
Date
15 April 2025
Drafted by
Raidu Incident Detection

What happened

San Diego City Council voted 8-to-1 on April 15, 2025 to ban the sale, license and use of automated rent-setting software that advises or recommends rental rates or occupancy levels.

The ordinance targeted RealPage's YieldStar software, which deploys algorithms to analyze data gathered from multiple clients to recommend rental prices. According to ProPublica, RealPage actively discourages bargaining with renters and recommends landlords accept lower occupancy rather than charge less than the AI deems optimal.

Reported impact

Council members described the software as 'digital collusion' using private competitive data not publicly available, and characterized it as a 'modern-day price-fixing service that directly and indirectly inflates rent prices, harming millions of Americans.' Councilman Sean Elo-Rivera stated the software 'weaponizes private data, from what should be competing landlords, to figure out just how high they can push prices.'

Index analysis

The US Justice Department filed an antitrust lawsuit against RealPage in August 2024, claiming the software's algorithm allows landlords to view confidential competitor information to align prices, avoid competition and keep rents high.

San Diego joined Berkeley, San Francisco and Minneapolis in banning the software. RealPage has disputed collusion allegations and said less than 40 percent of users accept its recommended prices, arguing that the ordinance is overly broad and vague.

Governance controls

California's proposed Senate Bill 52 would make it unlawful to provide landlords an algorithmic device that advises on rental rates or occupancy levels, pending passage through the legislature.

Classification

Category
Governance, accountability and labour
Industry
Real estate
Country
United States
Harm status
Actual harm
Intent
Unintentional
Timing
Unknown
Harm types
Economic or property
Harmed
Consumers
Failure modes
Manipulation or dark pattern
Consequences
Legislative action, Litigation
AI systems
YieldStar
Regulations
FCRA (cited)

Sources and evidence

This record was researched and written by the Index, based on the following original reporting.

ABC 10 News San Diego KGTV
San Diego City Council to consider banning AI software used to set rent prices
15 April 2025
San Diego Union-Tribune
San Diego bans 'price-fixing' software from RealPage to set rents
16 April 2025