August 10th, 2024

Algorithmic price-fixing of rents is here

RealPage's software may enable algorithmic price-fixing among landlords, raising antitrust concerns and impacting housing affordability. Current laws struggle to address this, while legislative updates progress slowly.

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Algorithmic price-fixing of rents is here

The article discusses the potential antitrust implications of RealPage, a company that provides property management software to landlords, which may facilitate algorithmic price-fixing in the rental market. Lawsuits against RealPage allege that its software enables landlords to coordinate rent increases without direct collusion, effectively creating a price-fixing cartel. This situation raises concerns about the impact on housing affordability, as a significant percentage of multifamily units in the U.S. are reportedly priced using RealPage's recommendations. Critics argue that the company's practices, including pressuring landlords to follow its pricing suggestions, resemble cartel behavior. While RealPage disputes these claims, the legal landscape for addressing algorithmic collusion remains challenging. Existing antitrust laws require proof of explicit agreements between companies, which is difficult to establish without access to internal communications or algorithmic data. Some lawmakers are proposing updates to antitrust laws to address these issues, but progress is slow. The article warns that if algorithmic price-fixing goes unchecked, it could lead to a dystopian pricing environment where competition diminishes, resulting in higher costs for consumers and stunted economic growth.

- RealPage's software may facilitate algorithmic price-fixing among landlords.

- Lawsuits claim this practice exacerbates the housing affordability crisis.

- Existing antitrust laws struggle to address algorithmic collusion effectively.

- Legislative efforts to update antitrust laws are currently limited.

- Unchecked algorithmic pricing could harm competition and consumer costs.

Link Icon 12 comments
By @Gabriel54 - 2 months
It is completely anecdotal but in my local experience I've seen the following pattern happen: rent is increased substantially, present tenants move out, no one new applies, unit becomes empty, rent is decreased until someone new finally moves in. I'm not a landlord but I don't think there is a rational basis for kicking all of your rent paying tenants out and then having half a dozen units go empty in the hope that you can squeeze an extra 100 every month out of someone, maybe, in the future.
By @Animats - 2 months
We need a massive effort to enforce the Sherman Act against landlords. Both breakups and criminal penalties need to be applied. Send some big landlords to prison for 10 years and this problem will stop.[1]

[1] https://www.nytimes.com/2024/07/19/business/economy/rent-pri...

By @d_sem - 2 months
What is happening in the Bay Area is large corporations are using 3rd party exchanges that make following the price guidelines a requirement to participate. The 3rd party is paid to set the regional prices. And they all win through fee's and higher rent prices.

Its old fashion collusion. Using the word algorithm obfuscates the simplicity in the criminal activity.

By @gnabgib - 2 months
Related FBI raids Atlanta corporate landlord in probe of rental market price fixing (252 points, 2 months ago, 266 comments) https://news.ycombinator.com/item?id=40580874
By @jtotheh - 2 months
https://web.archive.org/web/20240810153028/https://www.theat... Algorithms may be allowed to facilitate price-fixing among landlords in ways that would not be allowed if done by humans.
By @zjp - 2 months
We're really gonna exhaust every option we have before we build new housing.
By @doytch - 2 months
In the article, one of the lawyers quoted states that "enforced compliance is the hallmark feature of any cartel."

Is that part of the legal requirements for a guilty judgement or breaking up a cartel? In the US at least? Would RealPage be fine if they treat their recommended prices as mere suggestions?

By @prisenco - 2 months
These algorithms have an economic incentive to suggest higher rents, because that's what the customer (landlords) want to hear. If the algorithm calculates a rent 30% lower than the previous tenant was paying, landlords will either ignore the recommendation or shop around for another startup with an algorithm that tells them what they want to hear.
By @pipes - 2 months
I own a rental property. This is how it works for me: Tenants move out. I look at how much similar property is renting for in the area. I advertise at about that rent. Usually a bit lower. Prospective tenants agree to to rent at that price.

I don't control prices. That is supply and demand.

Software that looks at rents in area and suggests a price just sounds like automation of what I do manually.

By @brian-bk - 2 months
Same thing happens in reverse with salaries. Glassdoor isn't your friend, it just helps companies regress to the 50th-percentile.
By @AbstractH24 - 2 months
Haven’t we been this for a few years now. Is it news anymore?
By @globalnode - 2 months
there needs to be adequate public housing for people that can't afford this bs. then landlords can do what they want, let the market decide, but basic housing for people should be a priority.