Just After Settling With Trump DOJ, RealPage Sues New York Over Ban on Algorithmic Rent-Setting
"As if we need any more evidence the settlement is BS," wrote one antitrust advocate.
After securing a corporate-friendly settlement with the Trump Justice Department earlier this week, the real estate software company RealPage on Wednesday turned its attention to the state of New York, suing to block a recently enacted law aimed at preventing algorithmic rent-setting that has helped drive up housing costs nationwide.
The law in question prohibits software companies like RealPage, which is owned by a private equity firm, from enabling landlords to collude and push up rents. Democratic New York Gov. Kathy Hochul signed the measure into law last month, making the state one of the first in the nation to combat algorithmic price-fixing.
In a legal challenge filed Wednesday in the US District Court for the Southern District of New York, RealPage argues the state law is "a sweeping and unconstitutional ban on lawful speech specifically intended" to outlaw RealPage's software.
On the third page of the lawsuit, RealPage cites its pending settlement with the US Justice Department in an effort to bolster its case against New York's law, which advocates hailed as a major victory for renters.
"Especially because RealPage offers [revenue management software (RMS)] that does not reference any competitor’s non-public information when a customer is using the software, there is no plausible basis to conclude that RealPage’s RMS can be used to facilitate any form of collusion among RealPage customers," the lawsuit states. "In fact, this version of the software is specifically permitted by the U.S. Department of Justice under its proposed antitrust consent decree with RealPage."
"As if we need any more evidence the settlement is BS," replied Matt Stoller, director of research at the American Economic Liberties Project.
With sky-high housing costs a central focus in New York—particularly the successful New York City mayoral campaign of Zohran Mamdani—and across the country, RealPage and management companies that use its software have drawn heightened scrutiny. Last week, nine states reached a $7 million settlement with Greystar, the largest landlord in the US, in a lawsuit over the company's use of RealPage software to raise rents.
As part of the state settlement, Greystar agreed to no longer use rent-setting software that relies on private data from other landlords.
Late last year, during the presidency of Joe Biden, the Justice Department sued RealPage over the company's alleged "unlawful scheme to decrease competition among landlords in apartment pricing."
“RealPage contracts with competing landlords who agree to share with RealPage nonpublic, competitively sensitive information about their apartment rental rates and other lease terms to train and run RealPage’s algorithmic pricing software,” said the Biden DOJ. “This software then generates recommendations, including on apartment rental pricing and other terms, for participating landlords based on their and their rivals’ competitively sensitive information.”
On Monday, the Trump Justice Department announced a proposed settlement with RealPage that the company openly welcomed, characterizing the deal as an effective endorsement of the legality of its product. The settlement, in which RealPage does not admit to any wrongdoing, still must be reviewed and approved by a court.
According to a report published last year by the Biden White House, algorithmic price-setting cost renters across the US nearly $4 billion in 2023 alone.
The American Prospect's David Dayen noted Wednesday that RealPage previously "promised landlord clients that it would generate 'revenue lift between 3% to 7%' by feeding rental data in a metro area into an algorithm that recommended price increases."
"Then, RealPage agents would tell landlords that they risked losing access to the platform if they didn’t comply with hiking rents," Dayen wrote. "This was a case of classic price-fixing."
"Not having to pay a nickel or admit wrongdoing is lenient enough," Dayen added, referring to the DOJ settlement. "But there are several loopholes even in the restrictions. RealPage can continue using past data to train AI models, which will inform future price recommendations. Public data can be aggregated and used for this purpose. And RealPage can continue using an 'auto-accept' feature for price recommendations, as long as clients can reconfigure it to opt out. We know from most of digital age history that opt-outs don’t work well."
