New Jersey AG hits RealPage and 10 landlords with antitrust suit

By Housing News

The
legal
woes
for

RealPage

keep
piling
up.

The
property
management
software
company
was
hit
with
yet
another
antitrust
lawsuit
this
week,
this
time
from

New
Jersey

Attorney
General
Matt
Platkin,
who
alleges
that

RealPage

conspired
with
10
landlords
to
artificially
inflate
rent
for
“tens
of
thousands
of
New
Jerseyans.”

The
complaint

which
contains
heavy
redactions

charges
RealPage
and
the
landlords
with
four
counts
related
to
consumer
fraud
and
antitrust
violations.

“The
defendants
in
this
case
unlawfully
lined
their
pockets
at
the
expense
of
New
Jersey
renters
who
struggled
to
pay
the
increasingly
unlivable
price
levels
imposed
by
this
cartel,”
Platkin
said
in
a
statement.
“Today
we’re
holding
them
accountable
for
unlawful
conduct
that
fueled
the
state’s
affordable
housing
crisis
and
deprived
New
Jerseyans
of
their
fundamental
right
to
shelter.”

A
RealPage
spokesperson
told

HousingWire

in
an
emailed
statement
that
the
company
is
“disappointed”
in
the
AG’s
actions
that
“blame
RealPage
for
New
Jersey’s
housing
affordability
challenges.”
The
lawsuit
came
without
prior
engagement
between
the
parties,
RealPage
claims.

“RealPage’s
revenue
management
software
is
purposely
designed
and
built
to
be
legally
compliant
and
has
always
used
data
legally
and
responsibly,
and
we
have
a
long
history
of
working
constructively
to
show
that,”
the
statement
read.
“RealPage’s
revenue
management
software
helps
housing
providers
comply
with
Fair
Housing
laws,
rent
control
laws
and
state
of
emergency
price
gouging
laws,
and
does
not
use
any
personal
or
demographic
data
to
generate
rent
price
recommendations.

“RealPage
is
proud
of
the
solutions
we
provide
in
New
Jersey
and
nationwide. We
believe
the
claims
brought
by
the
New
Jersey
Attorney
General
are
devoid
of
merit
and
will
do
nothing
to
make
housing
more
affordable.
New
Jersey
should
stop
scapegoating
pro-competitive
technology,
and
we
encourage
the
state’s
public
leaders
to
focus
on
meeting
the
greater
demand
for
housing
with
more supply.”

Platkin
alleges
RealPage’s
software
contains
mechanisms
that
enforce
“strict
adherence
to
the
prices
it
generates”
and
has
tools
to
ensure
landlords
accept
that
price.

The
software
at
the
center
of
the
allegations
is
YieldStar,
which
uses
first-
and
third-party
data
to
help
landlords
set
rents
for
multifamily
units.
YieldStar
helps
landlords
maximize
returns
on
their
units.

The
complaint
does
not
mince
words
when
it
comes
to
the
landlords,
going
so
far
as
to
call
them
a
cartel
that
actively
recruits
other
landlords
to
join
the
“scheme.”
They
allegedly
used
RealPage
software
to
communicate
with
each
other
on
multifamily
rents.

The
landlords
named
in
the
suit
are

Morgan
Properties,
Avalonbay,
Kamson,
Realty
Operations
Group,
Lefrak
Estates,
Greystar
Management,
Aion
Management,
Cammeby’s
Management,
Veris
Residential,
Russo
Property
Management,
Russo
Development

and

Bozzuto
Management
Company.

It’s
not
the
first
antitrust
filed
against
RealPage
by
the
government.
In
August,
the

Department
of
Justice

(DOJ)
filed
a

similar
complaint,

alleging
that
YieldStar
allows
landlords
to
generate
price
floors
based
on
data
not
available
to
the
public.
Litigation
in
that
suit
is
ongoing.

Legal
trouble
started
mounting
for
RealPage
when

ProPublica


published

an
expose
in
October
2022
that
revealed,
among
other
things,
that
landlords
were
able
to
anonymously
see
what
other
landlords
were
charging
for
comparable
units
and
avoid
pricing
below
those
numbers.

Since
then
a
string
of
class-action
lawsuits
have
been
filed
against
RealPage,
including
in
2023
by
a
group
of

renters
in
Tennessee.

Since
October,
several
lawsuits
were
filed
against
RealPage’s
Leasing
Desk
Screening
alleging
that
it
published
credit
reports
that
falsely
claimed
rental
applicants
had
felony
convictions,
previous
evictions
and
other
credit
violations.



Editor’s
note:

This
story
has
been
updated
with
comments
from
RealPage.

 

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