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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