RealPage rent-pricing case wraps with nearly $360M to renters (multifamilydive.com)

152 points by raybb 16 hours ago

rabidheuristics 14 hours ago

“None of the companies admitted fault or liability. They did, however, agree to stop providing Realpage with their nonpublic data for use as an input in Realpage’s revenue management system’s price recommendations, and to stop using Realpage’s RMS in ways that use competitors’ non-public data to inform pricing recommendations”.

Okay but Realpage has a decade of real pricing data that it can use to continue informing these rental companies and outside of them having extremely hard boundaries in their service this is just going to happen again.

This doesn’t do a whole lot to address the actual issue, and these companies aren’t going to stop colluding over a wrist slap like this.

skybrian 11 hours ago

What about when market prices are public? Is knowing the market prices collusion?

omgwtfbyobbq 11 hours ago

It can be, if everyone also acts to keep prices high by behaving in ways that aren't typical.

https://en.wikipedia.org/wiki/Tacit_collusion

markasoftware 10 hours ago

rahimnathwani 9 hours ago

Tacit collusion wouldn't work in this case, because most rental markets aren't oligopolies.

xvedejas 10 hours ago

Is there an actual issue? I've seen compelling arguments that places that banned the practice of algorithmic rent setting did not see any appreciable drop in rents. I'm almost convinced the problem is entirely supply side.

ctmlr 10 hours ago

The problem is political, landlords run every level of government and use that power to artificially limit housing supply.

carlosjobim 4 hours ago

DANmode 10 hours ago

Is allowing price-fixing and deniability (ans a service) across 100 mile regions a problem, while you yourself are highlighting a supply-side crisis?

Yes. That’s a problem.

consensus1 4 hours ago

xvedejas 8 hours ago

consensus1 4 hours ago

They got a wrist slap because the case was flimsy and probably wouldn't stand up in court. This looks nothing like price fixing and everything like price discovery in an undersupplied market, and the people bringing the case are the same government responsible for the actual problem.

epistasis 13 hours ago

We need a public rental registry of rental prices that anybody can browse, analyze, etc. The information disparity is a problem.

However, that's not a systematic method for lower prices. It just prevents individual cases of price gouging.

weitendorf 25 minutes ago

Is this not almost exactly what you get on apartments.com or zillow.com by just looking at the listed prices in an area?

I think you might have the problem backwards. Realpage was about buyer collusion, and that wouldn't look any different from the prices naturally just rising in a market with more demand/less supply because even sellers who aren't colluding would still raise their prices if they saw that that was the going rate in the area.

When there are multiple competing factors all influencing price simultaneously it's very hard to accurately determine how much any particular factor contributed, or what the "actual price" would have been without them.

This is actually essentially the problem that justifies markets as an efficient way to arrive at fair prices - it's computationally too expensive to calculate the precise supply/demand ratios at any given moment, and demand can change much faster than supply can adjust (and nobody could ever really know how elastic demand is for things like local housing markets anyway).

So sellers want to respond to changes in demand by raising prices, because the business model of housing rentals is matching short term demand/pricing/risk to long term costs/costs/risk. But every buyer has their own demand preferences and every supplier has a different product with different fixed costs, and everybody knows their own demand preference and ability to provide supply, so the aggregate price a market settles at "collapses" all that information without explicit coordination: https://en.wikipedia.org/wiki/Economic_calculation_problem

If there truly is an increase in demand, as a buyer you probably do want rents to increase, because otherwise you get shortages like in Berlin where there is nothing to rent. So that's why coordinating to withold inventory with other sellers is bad, it creates a shortage anyway and only a small number of participants need to do it to move the entire market

Gigachad 10 hours ago

How it works in Victoria, Australia is for renewing an existing lease is you must provide examples of comparable rentals in the area at or above the price you are proposing. And the tenant can dispute with their own comparable if they believe the price is wrong. New listings can be listed at any price.

There is enough turnover with new listings to find the market rate while preventing existing tenants from being screwed over by unreasonable prices.

Australia also almost entirely works off rentals owned by individuals who own 1-3 properties rather than corporate owners so no one landlord has any sway over the market.

ctmlr 9 hours ago

Most landlords arent big corporate in the USA either especially in areas where the housing crisis is the worst.

I think this narrative is just meant to distract people from questioning the necessity of the landlord class, they want people angry at a faceless corporate boogieman instead of local landlords (for obvious reasons)

59percentmore 2 hours ago

dimaggiosghost 9 hours ago

embedding-shape 5 hours ago

We have something similar in Spain, except instead of "comparable rentals in the area" there is a index (called IRAV (Índice de Referencia de los Alquileres)) maintained by the government each year, which limits how much rents can be increased. My landlord just reference that each year, it's easy for me to check if it's right, then that's it. For the areas where supply is limited ("áreas tensionadas"), as some areas like Barcelona is geographically limited to expansion, there is a total limit as well, independent of the IRAV.

Of course, if there are improvements in the rental, you can go beyond the index as the property been "improved", but it's really handy to know each year that it's limited and the exact amount. For 2026 it's locked to 2.14% for example, for everyone.

hermanubis 10 hours ago

A growing body of economic research shows that this allows producers to keep prices high even with lots of competition.

AnthonyMouse 7 hours ago

By what mechanism do the producers keep prices high if the "lots of competition" is constantly undercutting them and adding new supply to replace anything the colluding subset tries to withhold from the market?

cheschire 3 hours ago

59percentmore 2 hours ago

Timon3 6 hours ago

genxy 9 hours ago

The prices should be delayed two months. The rate at which pricing information propagates dictates how much of the rental pricing mass (number of owners * average units owned) gets thrown around how quickly. I don't have a number, but something like 2 months. Treat this data as if it was a vile of Devil's venom [1]. If they setup back channel information sharing networks, or collusion networks of any kind. <bad thing happens, not just a fee>

Second, the historical database should be deleted. And if they can't survive that, so be it. Keeping the spoils of crime should be the crime. Justice still isn't finished.

[1] https://en.wikipedia.org/wiki/Devil%27s_venom

epistasis 10 hours ago

Can you share several articles about this? I haven't found one but it's hard to search for.

dimaggiosghost 9 hours ago

Should rentals be seen as economic opportunities for hyper efficiencies? IE should the market be structured to extract the maximum profit from renters?

Not clear to me that is the right approach, or if owning rentals should be more of a fixed income approach (or even speculative - profits only come from the sale of the property).

AnthonyMouse 7 hours ago

The general premise of the rental market is that if rents are high, the profits from building new rental units will justify the construction costs and then new units will be added until the rents go down, i.e. until it stops being profitable to add more.

This actually works unless you inhibit the construction of new units. Naturally that's what we've been doing, which is why it isn't working. But the solution is to stop inhibiting the construction of new units.

Because the alternatives don't actually work. Unless you can build enough units to meet demand, there aren't enough units. Which means you either have high prices which suppress demand because people who can't afford them are forced out, or shortages because you're imposing some inadvisable price controls and then instead of being unable to get a unit because you can't afford the rent, you can't get a unit because they're all occupied and no one is adding more.

skinfaxi 6 hours ago

jeffbee 27 minutes ago

We have that in my city. Works great. If your city doesn't have one you don't have to wait for an official one. You can crowdsource rent data.

kdot 13 hours ago

Al la dc rent registry, which I always thought was ironic because doesn’t this create a database where landlords can consider prices based on others… but I guess it would be public in this case.

https://rentregistry.dc.gov/

Onavo 13 hours ago

Well the point of market based interventions and government regulations like this is primarily to reduce information asymmetry. You still ultimately need to increase supply or reduce demand to move price.

genxy 9 hours ago

Depends on the rate of information update and how long the records are retained for. High frequency updates create a higher fidelity information channel.

lotsofpulp 13 hours ago

I don’t see why rental agreements can’t be registered with the county like house sales are. It would also eliminate the need for squatter laws, as it would be trivial for police to pull up the county website and see who belongs in the home.

nicbou 12 hours ago

Berlin wants to do that to enforce rent control more effectively.

zhivota 13 hours ago

Americans are too privacy focused to accept this, but I could easily see a cottage industry of "registered agents" popping up around it who sign leases on behalf of individuals and shield them from public scrutiny.

Alternatively we could keep the names private. A cryptographic solution would easily serve the need of authorities verifying the right person is in a place without identification, but good luck figuring out how to ensure the tenant has their keys somehow since in the US there are zero pieces of identification you can ensure every citizen has.

tmpz22 12 hours ago

eru 11 hours ago

I think publishing your own rental contract is already legal?

(Unless the other party to the contract deliberately asks you in the contract to keep it quiet. But that's something you need to actively agree to.)

lotsofpulp 2 hours ago

Onavo 12 hours ago

Well, a Torrens registry systems still isn't universal yet in the US.

Lucasoato 5 hours ago

What about a law that bans house ownership and rentals unless you are a physical person and not a company? What would be the cons of such a thing?

mattmaroon 4 hours ago

The fact that the number of houses owned by large corporations is so low as to be insignificant shows that it’s basically 0% of the cause. (I’m assuming you’re not against a landlord who owns a small number of properties forming an LLC, but mean companies that rent lots of properties.)

It is a supply issue caused by local building codes and zoning. Full stop. Everything else is just pretending to do something about the problem, and corporations are just scapegoats.

grafmax 2 hours ago

> It is a supply issue caused by local building codes and zoning. Full stop.

But RealPage isn't a supply issue? It's easy to price gouge consumers because housing is inelastic. And the fine they got is a slap on the wrist!

Price gouging is more widespread than one isolated price fixing case. It's easy to achieve in an inelastic market. As one example, moving costs money so rentiers can raise rents as long as there is a switching cost to moving. Deregulation doesn't address the fundamental inelasticity of the housing market.

Your comment also seems to be oblivious to the role that interest rates play. Mortgages are not corporate-owned in the sense of the parent comment, but mortgages are a cash flow from home owners to corporate financiers - a cash flow from the working class to the wealthy. ZIRP led to high prices; with rising rates, homeowners are incentivized to hold on to their properties rather than move. These are issues of macroeconomic finance and wealth disparity, not "building codes and zoning".

While you're right that the parent's comment of corporate ownership of houses is off base, multi-family housing is majority corporate owned. Multi-family housing is a huge portion of the housing market, particularly in cities where prices are highest. Corporations aren't "just scapegoats" here either - they are parasitizing cash flow from workers here as well. Corporate profits is where the money in high housing prices ultimately goes.

There is a reason billionaires astroturf YIMBYism. It's precisely because it doesn't threaten their class interests.

jeffbee 25 minutes ago

You have over-simplified "ownership" into a thing that doesn't exist. Most Americans "own" their house in a complicated relationship between themselves, individually or jointly or as a family trust, and one of several monstrous global financial firms, each of which holds part of the interest.

sokoloff 2 hours ago

It would dramatically reduce the availability of rental properties. So, if you really hate renters, it’s a good thing I guess.

Extremely low chance that I’m going to put my entire net worth on the line to own and rent out housing in my own name.

Exactly zero chance that I’ll do it in a multi-family or apartment building.

Holding these things in corporate title is sensible risk management and compartmentalization.

exabrial 14 hours ago

_thats it_ ???

georgel 13 hours ago

I filed my claim, and based on their calculator this might be the most serious check from a class action (assuming I get the full amount). For me its ~1.5k between 3 named landlords.

jadenPete 13 hours ago

Where is this calculator?

georgel 12 hours ago

skew-aberration 7 hours ago

"People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices."

Adam Smith, The Wealth of Nations

Land ownership is the biggest business and the source of the biggest conspiracies.

throwitaway222 14 hours ago

I've been saying this for a while, but there is a cottage industry like RealPage in pretty much every industry. These companies need to be slammed out of existence for anti-competitive pricing and collusion. So much corruption. I'm so sick of fraud and corruption.

Aboutplants 3 hours ago

I had a plumber over to quote a HVAC replacement, while he was working up the quote I saw his iPad where his was inputting the equipment for costs etc, then it flipped over to an area that showed my home estimated value, my estimated household income and a ton of other economic measures that gave them sweet spots for their quote. While I obviously know people do this, to see it so blatantly laid out (it wasn’t meant for my eyes) was very gross.

By the way, the home value and income estimates were higher than reality, and his quote was also fairly high - though not the highest

turtleyacht 3 hours ago

That sort of counters the advice to get three quotes. If every bidder has that info, it may be harder to get the "best" price.

lotsofpulp an hour ago

crazygringo 11 hours ago

I really can't think of any others. Which is why RealPage has been so newsworthy.

If you have examples of such a company in other industries, please share.

59percentmore 2 hours ago

RealPage isn't even the only one in its industry:

https://imgur.com/a/RR2vWnJ

  AUTOMATIC PRICE UPDATES

  New pricing information automatically pushes  to marketing website and ILS listings in real  time.

  During a six month study  with an Entrata client  using Entrata Pricing,  market rents grew 15%  more than a comparable  set of properties within  the same company.
Their marketing documents admitted to the exact same behavior.

No one cared about those of us hurt by this company to even bother filing a lawsuit against them.

throwitaway222 10 hours ago

I mean we all have chatgpt now:

  Industry          Companies
  ----------------  --------------------------------------
  Apartments        RealPage, Yardi, Rentana, Entrata
  Hotels            IDeaS, Duetto, RoomPriceGenie
  Airlines          PROS, Amadeus
  Grocery           Revionics, Yieldigo, Competera
  Retail            Pricefx, Omnia Retail, Wiser Solutions
  E-commerce        Prisync, Price2Spy, Intelligence Node
  Manufacturing     Zilliant, Vendavo
  Vacation rentals  PriceLabs, Beyond, Wheelhouse
  Events/tickets    DynamO Pricing, Digonex

autoexec 3 hours ago

cco 9 hours ago

You've never used salary data at a work place?

claw-el 7 hours ago

mmooss 12 hours ago

Could you give us other examples?

mmooss 12 hours ago

I wonder what empirical and theoretical substance there is to the idea that the cost of living is due to lack of competition (in zero-to-one markets), and that competition is the solution to much of this.

On that basis, the 'free market' should be called the 'free, competitive market' - without competition, it has little value. Businesses should be required to compete and to opeerate in competitive markets. Anything anti-competitive should be treated harshly.

dsr_ 12 hours ago

Even without outright collusion, a market without at least seven viable suppliers is not really competitive. Current "monopoly" policy is corrupt.

(Seven has been experimentally determined, but I can't recall where.)

gavmor 11 hours ago

I was curious, so I looked this up: Section 5.3 of the 2010 U.S. merger-guideline explicitly classified markets with a Herfindahl–Hirschman Index below 1,500 as “unconcentrated.”

I can't quote the formula here, but HHI is, apparently, the sum of squared percentage market shares. Six equal-sized suppliers give an HHI of approximately 1,667, while seven give approximately 1,429—on opposite sides of the 2010 threshold.

Is that where you got the number?

genxy 8 hours ago

bruce511 11 hours ago

>> Businesses should be required to compete and to opeerate in competitive markets.

I'm not sure I understand where you are going with this? Are you suggesting that a new product cannot enter a market without a number of simultaneous competitors?

If I want to roll out fibre to an area that doesn't have it, can I? If I want to build a fresh-produce store in a town that doesn't have one, then I need to find someone else to compete with?

Lots and lots of businesses operate as quasi-monopolies if you look hard enough. Especially in smaller and rural environments. Lots and lots of places have one gas station, one mechanic, one vet, one doctor, one diner and so on.

Your use of the word "require" seems difficult to implement. What if no-one wants to compete with me? If Apple stops making Macs, does MS have to stop making Windows?

mmooss 7 hours ago

I agree that those are challenges. Maintaining competition in markets is well-studied; I wonder what has been found - what can be done, how can the scope be limited without failing on the outcomes, etc.

genxy 8 hours ago

I am seeing a funny skit where the city is busting some bougie coop for having way too high of prices.

aetherspawn 12 hours ago

Yep sue propertyme next

jmyeet 12 hours ago

It's both funny and sad to see the mental gymnastics of people trying to find solutions to this when the solution is real simple: it's public ownership.

Housing needs to be decommodified. It needs to stop being a retirement plan. We need to stop letting people hoard it. We need to stop subsidizing exurbs and making it illegal to build the kind of walkable communities people actually like. Case in point: Red Vienna [1].

As another commenter noted, this is in every industry. Utilities are a particularly bad one including telcos. All the best ISPs in the US are municipally owned. Chattanooga was the first really big poster child for this.

Privatization of all these things is just rent-seeking behavior.

So many of society's problems come down to housing being too expensive. Anything that makes it expensive needs to be stamped out and that includes RealPage as well as Airbnb/VRBO.

[1]: https://www.youtube.com/watch?v=41VJudBdYXY&t=191s

skew-aberration 7 hours ago

It is not just housing but all land - the grocery store ups prices without increasing profit because every landowner in the supply chain (who they rent their stores from, their warehouses, the factories that process and package foods, the farms themselves) ups rent too.

This is a predictable outcome of commerce due to the limited supply of land and is described in some detail by Adam Smith and developed by later thinkers like Riccardo and George (who took it to its logical conclusion and inspired the board game Monopoly).

During the 20th century, economics was wholesale rewritten to blur the lines between land and capital so as to bury this awkward conversation.

The general recommendation of these early economists was taxing land - moderate in the case of Smith, up to 100% per George. This amounts to public ownership of part of the profits of land ownership.

dsr_ 12 hours ago

... and the term for this behavior gives it away: "rent-seeking".

ExoticPearTree 5 hours ago

> It's both funny and sad to see the mental gymnastics of people trying to find solutions to this when the solution is real simple: it's public ownership.

No, it is not. Communism tried that and all communist countries failed spectacularly. Public ownership in practice means that everyone has rights but zero responsibilities.

Taking people's private property is not a solution to any crisis. This whole housing thing looks like "I want to have my cake and eat it too".

poetaster 5 hours ago

I wonder about the failure of the PRC while heaving 500 million out of poverty the last 50 years. Interesting failure mode.

pbhjpbhj 4 hours ago

59percentmore 3 hours ago

RealPage's competition were doing the exact same thing and completely escaped oversight or retribution. The rental market is corrupt and crooked nationwide, and these lawsuits flubbed a chance at making a real change.

Not that it wasn't predictable. Follow the money: who owns the property and REITs that rely on squeezing renters for every cent? Certainly not lawyers, judges, and politicians. /s

robbiet480 8 hours ago

I leased at two RealPage properties for a combined 151 months. Both of them were confirmed to be colluding with one another and they were both confirmed as “high software collusion” by an expert. I calculated that the max payout I could get is ~$83,000 for the estimated amount I was overcharged rent for those ~12 years.

Can’t wait to get like $300 out of this. /s