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The Courts Businesses

14 Big Landlords Used Software To Collude on Rent Prices, DC Lawsuit Says (arstechnica.com) 52

DC's attorney general has sued 14 of the city's largest landlord firms, claiming they entered into agreements with a property management software firm to keep rent prices high in a city with a housing affordability crisis. From a report: The complaint, filed earlier today by Attorney General Brian Schwalb, focuses on the multifamily landlords' use of software from Texas-based firm RealPage, which suggests rental prices based on a pricing algorithm. Key to those models, according to the suit, is the data fed in from the landlords and the pressure RealPage puts on them to stick to the code-derived rental rates. "RealPage and the defendant landlords illegally colluded to artificially raise rents by participating in a centralized, anticompetitive scheme, causing District residents to pay millions of dollars above fair market prices," Schwalb said in a release tied to the complaint.

The collaboration "amounts to a District-wide housing cartel," Schwalb said, noting that "well over" 30 percent of buildings with five or more units use RealPage's software, along with 60 percent of 50-unit-plus buildings. Across a wider Washington-Arlington-Alexandria area, more than 90 percent of units in large buildings are subject to RealPage pricing, according to Schwalb's office. RealPage's rent management service, YieldStar, has come under increasing scrutiny in recent years. RealPage and the property management firms utilizing their software were the subject of a class-action suit filed in the Southern District of California in October 2022, alleging the "cartel" artificially inflated prices. The Department of Justice's Antitrust Division opened an investigation in November 2022 into RealPage's role in potential landlord collusion.

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14 Big Landlords Used Software To Collude on Rent Prices, DC Lawsuit Says

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  • What is stopping them from using software to just look up the prices of similar properties to set rents? People do it to set the price of properties all the time.

    • by FeelGood314 ( 2516288 ) on Friday November 03, 2023 @10:25AM (#63976926)
      The attorney's statement https://oag.dc.gov/sites/defau... [dc.gov]
      57. RealPage documents show the methods by which the company suppresses the Defendant Landlords’ independent price decision-making while also securing their cooperation in the cartel. RealPage training documents state: “You should be compliant”—i.e., each, individually participating landlord must impose the rents generated by the RealPage RM Software—“90+% of the time to see the best results in your revenue management.” This principle is reinforced during in-person trainings when landlords join the cartel.
      • Re: (Score:3, Insightful)

        It's about time people started calling the worthless ruling class a "cartel".
      • If I own a gas station and if every morning I wait to see what my competitor across the street changes his price to before I change mine for the day (gas stations are typically only allowed to alter prices once a day), that's OK, right? How is this different?

        Before Real page came along, I'm certain landlords looked at neighboring apartment complexes to see what others are getting for similar units, that's legal, right?

        All realpage does is automate the process - why are landlords expected to not evaluate the

        • From what I understand, part of the agreement is that you are actually disallowed by the company from renting any lower than their listed rate, if you use their service.
          That is where it becomes collusion to raise prices. If they didn't require landlords working with them to use the prices they set, and just had them as loose guidlines, it actually would be legal.
          With the requirement of using their minimums, over time the prices will move upward because no one is able to negotiate lower than the floor t
      • What's wrong with someone offering a pricing model for sale? This is very common. What they are offering is just statistics or econometrics. It's just math.
    • by Anonymous Coward

      What is stopping them from using software to just look up the prices of similar properties to set rents?

      Nothing. That's the first step of the process they do right now, only in an automated way.

      Setting rent based on the prices of similar properties isn't the problem though.
      Colluding to agree on a fixed multiple to use for multiplying that price by is the problem.

      They would be breaking anticompetition laws by agreeing on a fixed amount to add, regardless of how they determine the market rate they are adding it too.

      People do it to set the price of properties all the time.

      "People" rarely are renting out thousands of homes. Regardless, if multiple people renting out

    • It is a problem, and in this case maybe landlords felt compelled to follow the advice of a service that they voluntarily decided to use, but stand ten feet back and the result appears to be price fixing.

      Making this digital is indeed a problem. Locally here in San Jose at least there are web sites that give you estimates on rental prices that are updated very frequently. A temporary worker was looking for places to rent and reported that frequently the leasing desks would refresh the browser before giving

  • If there was adequate housing supply in DC, then collusion would be impossible. In fact, if there was an oversupply, they would be competing to lower prices.

    The problem here isn't collusion; the problem is that it's impossible create the necessary amounts of housing. Instead, the government spends time trying to control rents.

    • Comment removed (Score:5, Insightful)

      by account_deleted ( 4530225 ) on Friday November 03, 2023 @10:16AM (#63976892)
      Comment removed based on user account deletion
      • Not to mention, property taxes in the US are levied mainly on the capital improvements. This means that the more housing I build on a given plot of land, the higher my taxes will be. Heck, even if I renovate or fix up a property, my taxes can go up. Cities also charge impact fees in proportion to capital built...a nearby apartment paid over $250,000 in impact fees to the city. We know that builders will build more housing only if landlords demand it, but landlords don't demand more housing if it's more prof
        • by dfm3 ( 830843 )
          There's another piece to this too, which is that NIMBY types don't want to live near cheaper or subsidized housing, and landlords want to maximize the rent they are able to charge, so many new units tend to be high-price "luxury apartments" that fetch higher rent instead of more affordable lower priced units.
    • So your evidence that they are not colluding is the fact that they are not competing? Wow.
    • by AmiMoJo ( 196126 )

      The point of colluding is to overcome things like adequate supply.

      When big landlords collude, they don't just fix prices. They work with builders to limit supply. And when new properties come on the market, they make sure they get to buy them so nobody else can rent them any cheaper than the price they set.

  • by Rosco P. Coltrane ( 209368 ) on Friday November 03, 2023 @10:06AM (#63976866)

    Now if the justice system could help the landlords too and could take a look at homeowners' associations...

    • Re: (Score:3, Interesting)

      by cayenne8 ( 626475 )

      Now if the justice system could help the landlords too and could take a look at homeowners' associations...

      THIS!!!

      I still can't quite get it in my head how HOA's are legal...if YOU own the property, yet THEY....not the elected city govt can tell you how and what to do with your property....etc.

      If I had Powerball money, I'd hire legal teams and try to get HOA's run out of the US.

      • Comment removed (Score:4, Insightful)

        by account_deleted ( 4530225 ) on Friday November 03, 2023 @11:10AM (#63977052)
        Comment removed based on user account deletion
      • You, or your predecessor voted the HOA board in. That's how they exist.

        Personally, I've never lived where I been under an HOA.
        • by smooth wombat ( 796938 ) on Friday November 03, 2023 @11:41AM (#63977114) Journal
          You, or your predecessor voted the HOA board in. That's how they exist.

          Not necessarily. When building new communities, the developer can create one so everyone who buys one of their homes must be part of the HOA. You don't get to opt out. If you don't agree to be part of the HOA then you don't get to buy a house.

          For places which don't have an HOA then yes, you have to canvas your neighbors to see if they're interested then go through the steps to create one.
          • by tlhIngan ( 30335 )

            Not necessarily. When building new communities, the developer can create one so everyone who buys one of their homes must be part of the HOA. You don't get to opt out. If you don't agree to be part of the HOA then you don't get to buy a house.

            Developers are often the reason why an HOA exists. Let's say you acquire a tract of land and want to build say, a dozen houses. Unless your tract of land has roads bordering on all sizes, you're going to have to create streets and roads. Now you've got a problem - you

            • you don't want to wake up tomorrow and find that the house across the street is now neon pink.

              I live in New Orleans....you just described half the houses here, and it's charming.

      • by anegg ( 1390659 )
        Lots of good comments about HOAs, but I didn't see one addressing this concern:

        I still can't quite get it in my head how HOA's are legal...if YOU own the property, yet THEY....not the elected city govt can tell you how and what to do with your property....etc.

        The mechanism by which the HOA is made legally binding upon the property owner is through "Covenants, Codes, and Restrictions" (CCRs) that are made a legally-binding part of the deed for the property. The developer initially owns the property, and can therefore add the CCRs to the deed. Each subsequent property buyer, in order to complete the purchase of the property, has to agree to the CCRs that are part of the deed.

        Dependin

    • by Ichijo ( 607641 )

      Now if the justice system could help the landlords too and could take a look at homeowners' associations...

      And the way homes in poor neighborhoods are taxed at roughly twice the rate of those in rich areas [washingtonpost.com] also seems extremely unjust to me.

    • by echo123 ( 1266692 ) on Friday November 03, 2023 @11:46AM (#63977122)

      The complaint filed today fills me with joy! Yes, it *is* nice to see government working for people like me, especially in DC where us residents have far, far less voting rights than normal Americans, because DC is not a State, with proper House and Senate Representation. And ironically people like me who have worked for the Federal government, possibly as a contractor, with all the rules and clearances, gave up our voting rights when we moved to DC, (and that sticks if that's your last US residence and you vote absentee from another country).

      The gorgeous complaint document filed today [dc.gov] leads with a list of the apartment companies charged. The Cartel. This collusion to increase rent makes me sick, having leased apartments from two firms on this list, and knowing how many buildings are covered by the cartel in all the nice 'hoods. I wonder what the odds might be I'd get some rent money back. Just to give you folks an idea as to how many buildings these private equity companies own, here's 4 of the companies that I am most familiar with, (and their buildings):

      - BOZZUTO [bozzuto.com]
      - EQUITY RESIDENTIAL MANAGEMENT [equityapartments.com]
      - GREYSTAR [greystar.com]
      - CAMDEN [camdenliving.com]

      Also, all these buildings follow Federal rules, not DC rules. For example, cannabis is legal under certain restrictions within the District, but not within these buildings. That's also true of bringing guns into the building, except for employees of various police agencies of course. The rental contracts are *extensive*. I hope the rents go down and other cities take up their own fight with these private equity companies.

      • "The defendant landlords are some of the largest providers of multifamily housing in the District, and the Office of the Attorney General’s (OAG) investigation revealed that RealPage’s technology was used to set rents for more than 50,000 apartments across DC, in violation of the District’s Antitrust Act."

        "With this lawsuit, OAG is seeking to secure financial compensation for the District and residents whose rents were unlawfully raised."

      • I realize DC is a special carve out, but frankly you should just be considered part of Maryland and DC should be a district in that state. You should get to vote for a district rep of maryland and vote for maryland senators. Statehood for the DC area seems unnecessary. Especially given how small the area is.

  • HUD sets a fair market rent which in my market is still a little low versus what is offered. Still landlords know they can charge that and get "away" with it.
  • by wardk ( 3037 ) on Friday November 03, 2023 @11:06AM (#63977044) Journal

    sure seems like collusion when an entire county (Maricopa) gets $800 increases in rent. And all around the same time.

  • I suspect similar software/algorithms are used to level down salaries among tech companies
  • NYC is losing population. There are more apartments for rent than ever. AirBnB and its ilk have been banned. And yet rents are skyrocketing. Hmm, wonder why.

//GO.SYSIN DD *, DOODAH, DOODAH

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