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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.
Nov 26, 2025
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."
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'Terrible for Renters': Trump DOJ Settles Price-Fixing Case With RealPage
"Far from stopping illegal practices," said one critic, "it gives a green light to algorithmic price-fixing across the economy."
Nov 25, 2025
The Trump Justice Department on Monday announced a settlement with the real estate software giant RealPage, which the federal government and multiple states accused of illegally facilitating collusion between landlords to drive up rents.
The settlement, which must be reviewed by a court, would require RealPage to "cease having its software use competitors’ nonpublic, competitively sensitive information to determine rental prices," among other mandates.
Abigail Slater, head of the DOJ's Antitrust Division, cast the agreement as a win for competition and for renters. But RealPage downplayed the settlement's impact on its business model, saying the deal's terms "bless the legality of RealPage’s prior and planned product changes"—alluding to the company's voluntary decision last year to let its customers remove nonpublic data when using the software to calculate recommended rents.
The company emphasized that the settlement does not include any financial penalties or admissions of guilt.
"What a total farce," Lee Hepner, senior legal counsel for the American Economic Liberties Project, said in response to the DOJ announcement. "This sham settlement violates the first thing we tell every lawmaker: Fixing prices based on public data sets is still price fixing!"
"This is lipstick on a pig and terrible for renters," Hepner added.
The Justice Department initially sued RealPage last year under the Biden administration, accusing the company of running an "unlawful scheme to decrease competition among landlords in apartment pricing and to monopolize the market for commercial revenue management software that landlords use to price apartments."
"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," the Biden DOJ said. "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."
The DOJ complaint used RealPage's own words against it, citing the company's description of its products as "driving every possible opportunity to increase price."
A White House report released late last year estimated that the kind of algorithmic pricing that RealPage enables cost renters across the US a total of nearly $4 billion in 2023 alone. The report characterized that estimate as conservative.
Basel Musharbash, managing attorney at Antimonopoly Counsel, warned following Monday's settlement announcement that "far from stopping illegal practices, it gives a green light to algorithmic price-fixing across the economy."
The states that joined the DOJ lawsuit were not listed on the settlement.
Last week, California, North Carolina, and other states announced a separate settlement with the apartment management giant Greystar, one of the companies that used RealPage software to set rents.
Under the state deal, Greystar agreed to pay $7 million in penalties and stop using RealPage’s software or similar products for pricing.
"Whether it's through smoke-filled backroom deals or through an algorithm on your computer screen, colluding to drive up prices is illegal,” said California Attorney General Rob Bonta. “Families across the country are staring down an affordability crisis. Companies that intentionally fuel this unaffordability by raising prices to line their own pockets can be sure I will use the full force of my office to hold them accountable."
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Trump-GOP Tax Bill a Gift to 'Predatory Landlords' That Will Worsen Already Dire Housing Crisis
"Housing programs are among the important public services being targeted for significant cuts to fund tax giveaways for billionaires and their wealthy donors," warned one group.
May 15, 2025
House Republicans' proposed budget reconciliation package will make mortgages expensive and harder to obtain, a progressive tax policy group warned Thursday, while over 30 advocacy groups sounded the alarm over the Trump administration's gutting of federal agencies and programs, moves that are exacerbating the U.S. housing crisis.
Americans for Tax Fairness (ATF) said that the proposed permanent extension of expiring portions of the Tax Cuts and Jobs Act (TCJA) signed into law by President Donald Trump during his first term would grant massive tax breaks to big corporations and the ultrawealthy, "wasting trillions of dollars that could help solve our country's affordable housing crisis."
"The deficit-financed tax cuts would also increase interest rates, making housing less affordable," ATF added. "To the extent the tax cuts are not added to the deficit, housing programs are among the important public services being targeted for significant cuts to fund tax giveaways for billionaires and their wealthy donors."
"They are paving the way for more predatory landlords to jack up rent."
ATF's assertion is supported by a report published in February by the Economic Policy Institute finding that "large, deficit-financed tax cuts would put upward pressure on inflation and interest rates, slowing growth and causing pain to households," including by making borrowing for a home more expensive.
ATF noted that extending the TCJA's weakened low-income housing tax credit (LIHTC) could result in 235,000 fewer affordable housing units over 10 years.
"Trump's tax scam reduced the financial incentive for corporations—the largest LIHTC investors—to make equity investments in the tax credits by slashing the corporate tax rate to 21%, and adopting a stingier measure of inflation," the group said.
"One of the most regressive provisions in the 2017 Trump-GOP tax law is the so-called 'opportunity zone' tax break," ATF contended. "While proponents claimed it would encourage investment in low-income neighborhoods, it has instead been ruthlessly exploited by wealthy real estate investors."
"In fact, this program has failed to deliver the promised economic opportunity to underserved communities, instead turning many of these neighborhoods into what can more accurately be described as exploitation zones," the group added.
The Lever's Luke Goldstein and Katya Schwenk reported Tuesday that the reconciliation package's proposed restrictions on state governments passing new regulations on artificial intelligence technology "could kill crackdowns on real estate management company RealPage for raising rents and contributing to the country's housing crisis."
RealPage is accused of price gouging renters via AI-powered surveillance pricing and automated insurance denials and management systems.
"Not only are House Republicans giving their billionaire donors and large corporations a massive tax handout, they are giving RealPage and bad actors like them a free pass to rip off working families," Lindsay Owens, executive director of the economic justice group Groundwork Collaborative, said Wednesday.
"They are paving the way for more predatory landlords to jack up rent, more apps to drive down gig worker wages, and more retailers to hike prices on consumers," Owens added. "The GOP tax bill tells you everything you need to know about the Republican Party's priorities and how unserious they are about lowering costs for working families."
More than a dozen states have joined a class action lawsuit accusing RealPage of using AI to artificially inflate housing prices across the nation.
Also on Thursday, more than 30 housing, consumer, and civil rights groups warned that the Trump administration's deep cuts to federal agencies and programs—spearheaded by the so-called Department of Government Efficiency—"are worsening the nation's housing crisis."
"Our families, neighbors, and communities deserve better than these untenable and unconscionable proposals."
"The Trump administration promised to address the high cost of housing, but so far has proposed policies that will increase the cost of rent, shred the nation's housing safety net, and push more people into homelessness," National Low Income Housing Coalition interim president and CEO Renee Willis said in a statement.
"At a time when more people than ever are struggling to afford the cost of rent and a record number of people are experiencing homelessness, rolling back fair housing protections and cutting funding for rental assistance, homelessness services, and affordable housing development—and gutting the workforce responsible for administering these programs—will only create more hardship," Willis added. "Our families, neighbors, and communities deserve better than these untenable and unconscionable proposals."
In a wider critique of Trump's policy proposals, U.S. Sen. Bernie Sanders (I-Vt.) said Thursday on social media: "Wages are stagnant. Housing costs are soaring."
"Many young people will never be able to afford their own homes, but Trump wants to increase the bloated military budget by $150 billion," Sanders added. "WRONG. That money should go toward building the affordable housing that we desperately need."
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