New Restrictions Imposed on Rental Pricing Algorithms Following Allegations of Collusion

A recent agreement between federal authorities and RealPage Inc. is set to transform the landscape of rental pricing, targeting alleged "algorithmic collusion" that prosecutors claim led to artificially high rents. The settlement, which emerged from a year-long federal antitrust lawsuit, will restrict how landlords utilize rent-setting software to prevent the coordinated inflation of housing costs.

The core of this settlement mandates a significant change: RealPage can no longer incorporate real-time, non-public data into its rent recommendation algorithms. Instead, any non-public data used to inform pricing must be at least one year old. This measure aims to reintroduce genuine competition into local housing markets, allowing supply and demand dynamics, rather than proprietary algorithms with access to sensitive market intelligence, to dictate rental rates. While RealPage maintains its software fostered lower vacancies and competitive rents, the Department of Justice views this as a critical step towards fairer housing costs for tenants.

This federal action follows increasing scrutiny of rent-setting software, with numerous property management firms settling related lawsuits and several states and cities enacting legislation to regulate the practice. The Department of Justice emphasizes that this settlement, while not requiring RealPage to admit wrongdoing or pay damages, represents a victory for renters by fostering a more equitable and competitive housing environment.

The pursuit of justice and fairness in all markets, including housing, is paramount. Ensuring that technology serves to enhance, rather than distort, economic competition empowers individuals and strengthens communities. This case highlights the importance of vigilance against anti-competitive practices, fostering an environment where market integrity and consumer welfare are prioritized.