What Occurred: The Division of Justice and Texas software-maker RealPage introduced Monday that they’ve reached a settlement in a case involving price-fixing allegations in among the nation’s largest rental markets.
At subject was algorithmic rent-setting software program the tech firm bought that prosecutors stated enabled landlords to compete much less and enhance costs in condo buildings in ways in which might violate antitrust legal guidelines. The proposed settlement, which should now be accepted by a decide, stated RealPage will cease providing software program that makes use of nonpublic, “competitively delicate” information shared amongst landlords to advocate how a lot to cost tenants, officers stated.
Below the settlement, RealPage will cease conducting market surveys to assemble such data, and it agreed to not talk about pricing methods or tendencies based mostly on nonpublic information at conferences it holds for property managers, officers stated. The corporate additionally should take away or redesign software program options that prohibit hire decreases or align pricing amongst rivals, they stated.
A court-appointed monitor will guarantee compliance with the settlement, whether it is accepted. The corporate additionally agreed to cooperate with prosecutors of their lawsuit in opposition to property managers which have used its software program.
A 2022 ProPublica investigation confirmed RealPage was serving to landlords resolve rents in a method that authorized consultants stated might end in cartel-like habits. The DOJ additionally sued six massive landlords, accusing them of utilizing algorithmic software program to work collectively and lift rents. Some have reached settlements with prosecutors.
What They Mentioned: The Justice Division stated in an announcement that “the proposed settlement would assist restore free market competitors in rental markets for hundreds of thousands of American renters.”
“Competing firms should make unbiased pricing choices, and with the rise of algorithmic and synthetic intelligence instruments, we are going to stay on the forefront of vigorous antitrust enforcement,” Assistant Legal professional Normal Abigail Slater stated.
RealPage stated in an announcement on its web site that the settlement “supplies larger certainty for housing suppliers and expertise innovators that income administration software program may be operated confidently and in compliance with the views of federal antitrust enforcers.”
“By all of it, our groups remained targeted on serving prospects and advancing the expertise the business depends on each day,” stated Dirk Wakeham, RealPage’s president and CEO. “We’re happy to have reached this settlement with the DOJ, which brings the readability and stability we have now lengthy sought and permits us to maneuver ahead with a continued deal with innovation and the shared purpose of higher outcomes for each housing suppliers and renters.”
The settlement didn’t embrace admissions of wrongdoing, RealPage stated, and doesn’t contain monetary penalties.
The corporate stated there could be no disruption to its purchasers’ operations, saying that the settlement would formalize software program modifications that had been “already made or deliberate” and that “all RealPage options stay absolutely out there, compliant, and configurable to fulfill evolving authorized necessities.”
Stephen Weissman, an legal professional for the corporate, stated RealPage believes its use of knowledge has led to “decrease rents, much less vacancies, and extra procompetitive results.”
RealPage declined to remark additional on the settlement.
Background: The proposed settlement is the most recent improvement following ProPublica’s 2022 investigation. Dozens of tenants sued RealPage after the preliminary story. The Biden Justice Division filed an antitrust criticism in opposition to the corporate in 2024, and in January, it sued six of the nation’s greatest landlords, together with Greystar, accusing them of improperly working collectively to lift rents. Prosecutors stated that one landlord instructed RealPage that it began growing rents inside per week of adopting the software program and, inside 11 months, had raised them greater than 25%.
The litigation, which continued underneath the Trump administration, was joined by at the very least 10 attorneys basic, together with the one for California, the nation’s most populous state — house to roughly 17 million renters.
Senators have additionally held hearings and launched laws looking for to ban using hire algorithms like RealPage’s. And on the native stage, cities across the nation, together with San Francisco, Philadelphia and Minneapolis, moved to bar landlords from utilizing related algorithms to set rents.
Why It Issues: The Biden DOJ’s strikes in opposition to RealPage — and its landlord prospects — for utilizing shared information and expertise had been seen as a sign that authorities had been prepared to wade right into a fraught nook of federal antitrust regulation.
Prior to now, collusion occurred with “a proper handshake in a clandestine assembly,” federal prosecutors wrote in a single submitting. “Algorithms are the brand new frontier.”
Trump’s DOJ continued to prosecute the case this 12 months even because the administration retooled the division and scaled again on conventional enforcement priorities like police misconduct.
The proposed settlement follows the DOJ’s August announcement that it had made a cope with Greystar, the nation’s largest landlord, to settle the federal government’s claims associated to its use of RealPage’s algorithmic rent-setting software program. Greystar doesn’t admit wrongdoing as a part of the settlement and stated it accepted the deal “to clarify the federal government’s interpretation of the regulation and to make sure we proceed to do issues the best method.”
