Landlord cartel used software to inflate rent prices, a new lawsuit claims

Alfonso Maruccia

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Greedy software: The housing market crisis is in full swing, and some landlords are eager to exploit the situation to make even more money. The Attorney General for the District of Columbia is now suing 14 of those landlords, stating that they are working with a software company to violate fair market regulations.

Attorney General Brian L. Schwalb recently announced a new lawsuit against RealPage, a software company working in the real estate business, and 14 of DC's biggest landlords. The property owners and the software maker colluded to illegally raise rents for tens of thousands of DC residents, the lawsuit says, exploiting a "centralized pricing algorithm" to inflate prices and cost renters millions of dollars above local market conditions.

The 14 landlords listed in the lawsuit and RealPage worked as a proper, district-wide criminal cartel, Schwalb says, running an anticompetitive pricing scheme. District of Columbia's attorney general decided to act at a time when affordable housing in DC is "increasingly scarce," the official press release states, to uphold the law and ensure District residents and law-abiding businesses are protected.

The exploitation of RealPage's products to set rents for more than 50,000 apartments across DC constituted a clear violation of the District's Antitrust Act. The Texas-based company was seemingly working to discourage direct bargaining with renters, advising landlords about their efficient software system compared to leasing agents with "too much empathy" towards a fellow human being in need of a roof.

The lawsuit states that well over 30% of apartments in multifamily buildings (with five or more units) and approximately 60% of units in large multifamily buildings (50+ units) in DC area are priced through RealPage's software. In the Washington-Arlington-Alexandria metropolitan area, the percentage goes much higher with 90% of units in large buildings.

RealPage sells an integrated rent management service known as YieldStar, which has provided increased cause for concern in recent years. RealPage and its partnering landlord businesses were the subject of a class-action lawsuit filed in California in 2022 for artificially inflated prices, and the US Department of Justice opened an official investigation on RealPage in November 2022.

Asking for a comment on the new lawsuit and a ProPublica investigation released in October 2022, RealPage stated that its business practices are fair and perfectly legal. The company uses aggregated market data from a variety of sources in a "legally compliant manner," providing landlords a valuable service for checking competitors' prices. According to a former "high-ranking manager" at a landlord service cited in the DC Attorney General's lawsuit, the entire reason for landlords using the software was to collude and raise prices.

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If this comes to be true and these landlords are held responsible for this (and the software company), the only way these people will learn not to screw around and cheat people is the fine the hell out of them.

The fine should be 150% of the money they stole. Take it all back and then some.

If they stole hundreds of millions of dollars and are only fined a few million, the only thing these criminals will learn is that crime pays you a helluva lot of money, even if you're caught, fined or sued.
 
How is it stealing? You signed a contract to pay X in rent. That doesnt make X theft. That's ridiculous.

It sounds like the landlords simply used the software to set higher prices for their properties instead of adjusting each one individually. I dont get how this is an antitrust thing.
 
How is it stealing? You signed a contract to pay X in rent. That doesnt make X theft. That's ridiculous.

It sounds like the landlords simply used the software to set higher prices for their properties instead of adjusting each one individually. I dont get how this is an antitrust thing.
Because all the landlords are using the same software, they are acting as one entity. There is no competition and thus no one is offering lower rents to attract customers. Leases only last one year or so, after that, landlords can raise rent prices. Moving is expensive and disruptive on its own, but imagine that all rents in your area have gone up 30% because all landlords use the same pricing software.

There’s other issues like too many people and not enough homes. Practices like this take advantage, more so than if each landlord set their own prices independently.
 
How is it stealing? You signed a contract to pay X in rent. That doesnt make X theft. That's ridiculous.

It sounds like the landlords simply used the software to set higher prices for their properties instead of adjusting each one individually. I dont get how this is an antitrust thing.
Remember that next time Micron, Kioxia, Hynix, Samsung, et.al. get caught price fixing.
 
How is it stealing? You signed a contract to pay X in rent. That doesnt make X theft. That's ridiculous.

It sounds like the landlords simply used the software to set higher prices for their properties instead of adjusting each one individually. I dont get how this is an antitrust thing.

a cartel is when a group of companies agree between themselves to set prices at a higher, fixed point. there is no longer any competitive pricing, eventhough you have multiple suppliers. because company A,B and C agreed that this year prices on flats are 20% higher. If company D wants to sell at the previous low price, they get ruffed up by the cartel untill they agree and themselves agree to the higher pricing. this could be the software company not accepting listing company D flats on their site, untill company D agrees. and the software company has perhaps 75% of traffic for renters looking for a flat.

when approached for questioning about why 50% of flats have risen 30% in a year, the software company selling for company A,B,C,D says their AI algorithm adjust prices based on supply and demand, or similar statements.

 
Housing market needs to crash, speculators who otherwise would not have invested in realestate bought at the height of housing costs and there aren't any buyers. Median household income in the US is $75,000. The median cost of a home is $420,000 meaning that you need to make almost 120,000/yr and have 100k set aside for that 20% down payment.

While I mostly don't like government intervention, speculative investing that makes housing prices unaffordable is just wrong. I don't care if nVidia wants to charge $10,000 for a 4090 super, you don't NEED a 4090. Everybody DOES NEED a place to live. There are just somethings that should not be treated as investments. I sold my house in Pittsburgh in 2017 for $128,000. Looked it up recently and it sold 4 times in the last 6 years with it's latest sale at $380,000.

Now I look at my current place and my friend from New York says you'd pay 20k+/m for something like this in NYC.
 
Housing market needs to crash, speculators who otherwise would not have invested in realestate bought at the height of housing costs and there aren't any buyers. Median household income in the US is $75,000. The median cost of a home is $420,000 meaning that you need to make almost 120,000/yr and have 100k set aside for that 20% down payment.

While I mostly don't like government intervention, speculative investing that makes housing prices unaffordable is just wrong. I don't care if nVidia wants to charge $10,000 for a 4090 super, you don't NEED a 4090. Everybody DOES NEED a place to live. There are just somethings that should not be treated as investments. I sold my house in Pittsburgh in 2017 for $128,000. Looked it up recently and it sold 4 times in the last 6 years with it's latest sale at $380,000.

Now I look at my current place and my friend from New York says you'd pay 20k+/m for something like this in NYC.

Speaking as a landlord who does NOT use this software...

a better median house price would be to take the 10% most expensive (california and new york) and 10% least expensive houses out of the calculation and I'm sure you would find the average house is closer to $250K which would be far more affordable.

Next the idea that this is theft is not so, the lease is signed for 1 month, 6 months, or a year and if that is too expensive go live somewhere else cheaper. You can rent a hip apartment in the city (Grand Rapids) for $2000/mo or you can live 45 mins away (cedar springs/sand lake)and BUY a house with a $1500/mo payment here in west michigan.
Or even better you can rent a 2 bedroom apartment for $800 down the street from the house you could buy.

I do NOT lease to college students if I can help it (too much risk), but I've seen houses that are leased to them and they charge $500 to $600 a BEDROOM. This means that "single family" houses with 4 bedrooms 2 baths are being leased for $2400 / mo. I've seen $150,000 houses suddenly being rented for $2500/mo. (normally rent be %1 the value of the house or $1500/mo) That's a profit around $500-$1000 month after maintenance and management, get 10 of those and you're making $50,000 - $100,000 a year doing nothing. This rent price is fine for students but outrageous for families. (btw that's $1.5 million and 20% down and 5-6% interest. Management is normally 10% of rents if you pay someone else to do it for you.)

Now tell me, and be honest, would YOU want this? OF course you would! And, if you had it would you want to keep it? Of course you would!

Now, I said I don't use the software and I don't but I do look at the local market and what everyone else is charging and rents are going up. I try to keep my rental prices in line with the market and that usually tracks upwards faster than inflation.

Hopefully this gives you better idea of how this works.
 
Speaking as a landlord who does NOT use this software...

a better median house price would be to take the 10% most expensive (california and new york) and 10% least expensive houses out of the calculation and I'm sure you would find the average house is closer to $250K which would be far more affordable.

Next the idea that this is theft is not so, the lease is signed for 1 month, 6 months, or a year and if that is too expensive go live somewhere else cheaper. You can rent a hip apartment in the city (Grand Rapids) for $2000/mo or you can live 45 mins away (cedar springs/sand lake)and BUY a house with a $1500/mo payment here in west michigan.
Or even better you can rent a 2 bedroom apartment for $800 down the street from the house you could buy.

I do NOT lease to college students if I can help it (too much risk), but I've seen houses that are leased to them and they charge $500 to $600 a BEDROOM. This means that "single family" houses with 4 bedrooms 2 baths are being leased for $2400 / mo. I've seen $150,000 houses suddenly being rented for $2500/mo. (normally rent be %1 the value of the house or $1500/mo) That's a profit around $500-$1000 month after maintenance and management, get 10 of those and you're making $50,000 - $100,000 a year doing nothing. This rent price is fine for students but outrageous for families. (btw that's $1.5 million and 20% down and 5-6% interest. Management is normally 10% of rents if you pay someone else to do it for you.)

Now tell me, and be honest, would YOU want this? OF course you would! And, if you had it would you want to keep it? Of course you would!

Now, I said I don't use the software and I don't but I do look at the local market and what everyone else is charging and rents are going up. I try to keep my rental prices in line with the market and that usually tracks upwards faster than inflation.

Hopefully this gives you better idea of how this works.
I owned my house, cash. I sold it mostly because the area was changing and I didn't like the direction it was going. Now, I had a pretty awesome apartment in 2017 when I sold my house but the landlord turned into a drug addict, defaulted on their mortgage and the company that bought the house choose not to renew the lease.

So I moved into an apartment building, 50 units, because I wanted to live in the city. That landlord went to prison for wire fraud, the company that bought the building choose not to repair the laundry facilities, the garage door and then they got a coach roach infestation. I stopped paying my rent after talking to my lawyer because the landlord had violated their end of the lease. It went to court and I actually won, but they choose not to renew my lease. Didn't matter, after 6 weeks of coach roaches I already had a new lease signed at a new place.

I had actually been in the market for awhile for a new place at this point after dealing with the last real estate company. I found a very nice duplex and, the owner, was a very nice old man. I wasn't dealing with a massive realestate company, I was dealing with 1 guy who did all the work himself. I'd actually known him for awhile before I even knew he owned several properties. Well I looked at a few of his properties, picked one out that I loved and lived there. At the end of year 2 he told me he was selling the place. I was actually well aware of this, part of the reasons we became friends is that I lived in key west for a few years after college and he always wanted to retire to key west. I told him if he was ever going to sell that property I'd buy it. He didn't sell it to me, he sold all his properties in one go to *lets here it* a massive real estate company!

I was okay with the price hike as I was getting one hell of a deal on that property. $700/m for a 3 bedroom, off street parking, didn't have to pay for water. All I paid was electric, internet and rent.

So first year with this realestate company the rent goes from 700 to 1000. Whatever, that actually was market rate and I still wasn't paying for water so it was still kind of a deal. Next year they raise it to $1200/m with the justification being "inflation". Whatever, I make good money, It would cost more to move and the extra $200/m is less than a days wage to me, whatever. So then the end of the second year with this new company comes and they want to raise the rent to $1500/m. That was April of this year and I told them to go pound salt and I moved. That apartment is now listed for $900/m and still vacant. I looked at the history on my house that I sold, it was sold from one real estate company to another and, to my knowledge, noone has lived in it since I moved out of their 7 years ago.

I am not against people "investing" in real estate, I'm against people expecting it to be a money printer and taking the human element out of it. That realestate company has lost more money by trying to up my rent from 1200 to 1500 than they would have if they just kept it at 1200. Funny thing is I actually contacted them and would happily move back in for the $900/m they have it listed for but they refuse to rent to me. It is funny to give the property manager a call every couple weeks

Anyway, I'm getting off point. The housing market has increased in price faster than inflation and this is because of speculative investing. These aren't even what I would call real home sales, they're just investment companies trading assets back and fourth. This so called housing shortage is a lie, 1 in 10 homes in the US are vacant. There are more empty homes than there are homeless people in the united states. What has happened is that everyone has invested stupid amounts of money in realestate and now that demand at current pricing isn't there, the people left holding the bags don't want to drop them because for a few years realestate was a money printer. But that is the thing, we need a market correction. There was a fake realestate market for a very long time.

Now for me, I prefer renting. 1, I travel all over the US for work so I'd much rather have an apartment as basically an extended stay hotel room as a homebase than a house. I'm often out of town for months at a time so if I owned a house I'd have to hire a property manager to look after it anyway. On top of that, if you don't plan on staying in a home for atleast 7 years then you will likely end up losing money by buying a home. I plan on staying in Pittsburgh for 3 years more at most and even then, I spend, tops, 7-8 months a year here.

Keep in mind, I work in commercial construction so I deal with these scumbag realestate companies all over the country. My personal experience is hardly separated from my professional experience. I don't have a problem with *LANDLORDS* I have a problem with *speculative investment realestate companies* and the content of this article only reinforces that hatred.
 
a better median house price would be to take the 10% most expensive (california and new york) and 10% least expensive houses out of the calculation and I'm sure you would find the average house is closer to $250K which would be far more affordable.
Huh? This wouldn't change the median at all. Maybe you're thinking of mean, or average?
 
This legal theory feels pretty sketchy to me. Unless the software is actually communicating between landlords and securing agreements to not deviate from it, all its doing is providing market information.

Put another way, if I shop for a product by using web-browsing software to check the price at 100 retailers, I don't feel like I'm committing a crime or doing anything wrong. And that's probably a more thorough investigation of market conditions than whatever this landlord software can do.
 
This legal theory feels pretty sketchy to me. Unless the software is actually communicating between landlords and securing agreements to not deviate from it, all its doing is providing market information.

Put another way, if I shop for a product by using web-browsing software to check the price at 100 retailers, I don't feel like I'm committing a crime or doing anything wrong. And that's probably a more thorough investigation of market conditions than whatever this landlord software can do.
The problem is that this site only lists properties with prices the real-estate companies want to sell at. They won't let you post properties lower than the prices the cartel has agreed on. Since many people goto these websites as a one stop shop for housing, having your properties removed puts you at a massive disadvantage
 
Keep in mind, I work in commercial construction so I deal with these scumbag realestate companies all over the country. My personal experience is hardly separated from my professional experience. I don't have a problem with *LANDLORDS* I have a problem with *speculative investment realestate companies* and the content of this article only reinforces that hatred.
I hear you on that one.

Law also has an effect on rent prices.
For instance where I live (but not where I have rentals) there is a weird local ordinance that affects rent prices. I've no looked into it but basically they attempt to keep rental prices the same for everyone. so if you have a mix of student and non-student rentals the landlord has to charge the same for all of his buildings based on the number of bedrooms.

Which is great, college students are hard on apartments and carry more risk so you up their rent, it doesn't really matter because the student is not paying the rent the government or their parents are. So you rent the 3 bedroom house for $1500 each person is paying $500 per bedroom and everyone is happy and that's affordable right?

OH but what about the family?! their rent is now unaffordable. Why?
You can't lower their rent for a single family home!
Here you have a pair of supposedly mature parents raising kids who need a large house with 3 bedrooms but you can't charge 1000/mo which most families can afford, you have to charge $1500-$1800 and you just blew their budget. Why? Because you can't suddenly charge a family $333/mo per bedroom that wouldn't be nice to the college kids who are paying $500 or even $600/mo.
 
yes sorry, getting a better average by taking out the extreme outliers
Well, in the response you replied to, the quoted figure was a median, not a mean, so it was already a value not skewed by outliers, and likely more representative of the "average" cost of a home than the mean. If the median cost is $420,000 as quoted, then the mean is likely even higher due to outliers, the massively expensive homes.
 
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