Justice Department Sues 6 Large Landlords

posted on : January 15, 2025 0 Comment

By John Triplett

The Justice Department, together with 10 state co-plaintiffs, has filed an amended complaint in its antitrust lawsuit against RealPage to sue six of the nation’s largest landlords for participating in algorithmic pricing schemes that harmed renters, according to a release.

The amended complaint alleges the landlords — Greystar Real Estate Partners LLC (Greystar); Blackstone’s LivCor LLC (LivCor); Camden Property Trust (Camden); Cushman & Wakefield Inc and Pinnacle Property Management Services LLC (Cushman); Willow Bridge Property Company LLC (Willow Bridge) and Cortland Management LLC (Cortland) — participated in an unlawful scheme to decrease competition among landlords in apartment pricing, harming millions of American renters.

At the same time one of the landlords, Courtland Management, agreed to cooperate with the justice department and enter into a settlement to end the use of common rental-pricing algorithms and competitively sensitive data to set rents.

Atlanta-based Cortland manages more than 80,000 rentals in 13 states. A related federal criminal investigation that led to a May 2024 search of its headquarters has been closed, a spokesperson told ProPublica, which started the investigation into the pricing schemes.

The spokesperson said the company is “pleased” to announce the settlement. “We believe we were only able to achieve this result because Cortland has invested years and significant internal resources into developing a proprietary revenue-management software tool that does not rely on data from external, nonpublic sources,” the spokesperson said.

Acting Assistant Attorney General Doha Mekki of the Justice Department’s Antitrust Division said in the release, “While Americans across the country struggled to afford housing, the landlords named in the lawsuit shared sensitive information about rental prices and used algorithms to coordinate to keep the price of rent high.” The “action against RealPage and six major landlords seeks to end their practice of putting profits over people and make housing more affordable for millions of people across the country.”

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Justice Department Sues 6 Large Landlords

The amended complaint alleges that the six landlords actively participated in a scheme to set their rents using each other’s competitively sensitive information through common pricing algorithms. Along with using RealPage’s anticompetitive pricing algorithms, these landlords coordinated through a variety of means, including:

Directly communicating with competitors’ senior managers about rents, occupancy, and other competitively sensitive topics.
Regularly conducting “call-arounds.”
Participating in “user groups” hosted by RealPage.
Sharing information with competitors about parameters in RealPage’s software.

Co-plaintiffs in the case are the attorneys general of California, Colorado, Connecticut, Illinois, Massachusetts, Minnesota, North Carolina, Oregon, Tennessee and Washington.

RealPage Senior Vice President Jennifer Bowcock called the federal case “flawed” and said the company is “committed to vigorously defending ourselves and our customers against the DOJ’s accusations.” RealPage has already changed its software to remove nonpublic data, despite its view that its technology was legal and “pro-competitive,” she told ProPublica.

A White House report released in December estimates the nation’s renters overpaid by $3.8 billion in 2023. The White House cited RealPage as the primary provider of rental-pricing algorithms. Companies like RealPage use their tools to suggest optimal rent for landlords to charge.