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U.S. Expands Antitrust Lawsuit Against RealPage

Graphic illustrating the effects of antitrust lawsuit in the real estate market

News Summary

The U.S. Department of Justice is intensifying its antitrust lawsuit against RealPage, implicating six major landlords in a scheme allegedly designed to inflate rental prices. The lawsuit, supported by ten state co-plaintiffs, claims that these landlords shared sensitive pricing data, creating a cartel-like market. With significant ramifications for renters and the broader real estate industry, the case could redefine how rental properties are managed. The involvement of RealPage, a software crucial to 10% of rental units nationwide, adds complexity to the ongoing debate on fair market practices.

Major Legal Moves in Real Estate: U.S. Expands Antitrust Lawsuit Against RealPage

In a significant development for renters in the U.S., the Department of Justice (DOJ) is ramping up its antitrust lawsuit against RealPage, a software company widely used in the property management industry. This lawsuit has now ensnared six major landlords, prompting a wider discussion around rental prices and market fairness.

The New Defendants

The newly added defendants in the lawsuit are Greystar Real Estate Partners LLC, Blackstone’s LivCor LLC, Camden Property Trust, Cushman & Wakefield Inc, Pinnacle Property Management Services LLC, and Cortland Management LLC, with Cortland firmly based in Atlanta. These companies collectively manage over 1.3 million rental units across 43 states and Washington, D.C., making them significant players in the rental market.

What’s the Allegation?

At the heart of this lawsuit lies the claim that these landlords participated in an unlawful pricing scheme that stifled competition in apartment pricing, resulting in higher rents for millions of American renters. The DOJ alleges that these companies shared sensitive information regarding pricing strategies and occupancy rates, contributing to a rental landscape often likened to a cartel.

State Involvement

The legal battle has gained traction with the involvement of ten states now joining the fight as co-plaintiffs. Recently, Illinois and Massachusetts also jumped on board this amended complaint, underscoring the national significance of this issue.

Cortland Under the Microscope

Cortland, one of the defendants, has experienced scrutiny in the past, having been investigated and raided by federal agents. In an effort to comply with the DOJ and repair its reputation, Cortland has entered into a consent decree. This agreement obligates the company to stop using competitors’ data when setting rental prices and restricts its use of algorithms without the oversight of a corporate monitor.

Algorithmic Pricing’s Impact

An alarming report from the White House revealed just how pervasive the impact of these pricing practices could be. In Atlanta, it is estimated that algorithmic pricing has pushed average rent increases to about $181 per month, significantly higher than the national average increase of just $70.

The Software Factor

RealPage has come under fire because its software is utilized in nearly 10% of rental properties nationwide. Critics argue that the platform has been instrumental in facilitating rising rents. The DOJ’s complaints further detail how real estate companies allegedly engaged in practices like “call-arounds” to share sensitive pricing data.

Defendants’ Position

In response to the growing unrest surrounding the lawsuit, RealPage insists that the allegations against them lack any solid basis, asserting that their software allows clients the freedom to reject price recommendations. Yet, as the DOJ’s findings continue to unfold, the spotlight remains on the extent to which rental market dynamics might be shifting.

Wider Legislative Implications

This lawsuit aligns with President Biden’s administration’s broader goal of stricter antitrust enforcement, aiming to restore fairness within competitive markets. As conversations loom about potentially limiting or banning the use of algorithmic pricing in real estate, the outcome of this lawsuit may set a pivotal precedent for how rental properties are managed and priced moving forward.

Conclusion

As this legal saga develops, renters and landlords alike will be keeping a close eye on the proceedings. The DOJ’s actions represent not just a challenge to the companies involved, but also a significant milestone in the ongoing conversation about fairness and competition within the real estate market in America.

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