Ordinance prohibiting use of algorithmic rent-setting devices
Berkeley, CA — Ordinance prohibiting use of algorithmic rent-setting devices
Berkeley, CA · Ordinance prohibiting use of algorithmic rent-setting devices (Berkeley City Council, March 11, 2025; suspended 2025 pending RealPage litigation)
- Status
- Proposed / pending
- Applies to
- Landlords using algorithmic rent-setting software in Berkeley
Berkeley's City Council voted 8-1 in March 2025 to prohibit landlords from using algorithms to coordinate rent prices or manage vacancies. The ban was subsequently suspended by a follow-up Council ordinance after RealPage filed a First Amendment lawsuit challenging the measure. The suspension ordinance's second reading was scheduled for July 8, 2025; a November 2025 amendment extended the suspension to March 1, 2026. Post-March 2026 status remains unclear — RealPage litigation is ongoing. The ban is currently NOT being enforced.
Who is protected: Berkeley renters subject to algorithmically coordinated rents
Legal detail
Berkeley City Council voted 8-1 in March 2025 to adopt an ordinance prohibiting landlords from using algorithmic rent-setting software (Revenue Management Software) that coordinates pricing using non-public competitor data. RealPage filed a First Amendment challenge, and the Council passed a suspension ordinance pausing enforcement while litigation proceeds. The second reading of the suspension ordinance was scheduled for July 8, 2025. A November 2025 Berkeley amendment further extended the suspension to March 1, 2026. As of July 2026 the RealPage lawsuit remains pending and the ban is not being enforced. Status set to 'proposed' (not currently enforceable) pending outcome of litigation or Council action to reinstate.
Key facts
| Jurisdiction | Berkeley, CA |
|---|---|
| Level | City / local |
| Enacted | March 11, 2025 |
| Citation | Ordinance prohibiting use of algorithmic rent-setting devices (Berkeley City Council, March 11, 2025; suspended 2025 pending RealPage litigation) |
| Topics | consumer protection · automated decision-making · government use of AI |
| Agency page | Adopt an Ordinance to Prohibit [algorithmic rent-setting] - City of Berkeley |
More AI rules in Berkeley, CA
- Berkeley CA "The Berkeley Rule" AI Policy (2026) · In effect
- Berkeley Government FR Ban (2019) · In effect
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