New Jersey sues landlords, software company over rent-fixing claims
Attorney General Matt Platkin said RealPage and almost a dozen property-management firms colluded to drive up apartment rents. (Dana DiFilippo | New Jersey Monitor)
Attorney General Matt Platkin sued 10 of New Jersey's largest landlords and RealPage Inc., a property management software company, accusing them of colluding to raise rents in violation of state and federal antitrust and consumer protection laws.
In a federal lawsuit filed Wednesday, Platkin said the alleged scheme forced tens of thousands of apartment renters to overpay and contributed to the state's shortage of affordable housing.
'The skyrocketing rental prices that we're experiencing in New Jersey are not the result of mere competition or mysterious market forces. What we are seeing and what so many hard-working New Jerseyans are experiencing is the result of deliberate market manipulation. So today, we filed a lawsuit to stop it,' Platkin said during a midday briefing with reporters in Newark.
The action comes two years after Accountable.US, a D.C.-based watchdog nonprofit, released a report exposing 'housing profiteering.' The group urged officials in several states, including Platkin, to act on the issue in 2023 and again last year. Platkin did not mention the report or call to action Wednesday.
He said RealPage and the landlords set apartment rents based on RealPage's algorithmic pricing software and aligned their prices to avoid competition that otherwise would have checked runaway rents. In so doing, Platkin said, they violated the federal Sherman Act, the New Jersey Antitrust Act, and the New Jersey Consumer Fraud Act.
Named as defendants are: RealPage; Morgan Properties Management Company; AvalonBay Communities Inc.; Kamson Corporation; LeFrak Estates and its subsidiary Realty Operations Group; Greystar Management Services; Aion Management; Cammeby's Management Company of New Jersey; Veris Residential Inc.; Russo Property Management; and Bozzuto Management Company. Additional defendants may be added, as the investigation remains ongoing, Platkin's office said.
Platkin accused the companies of 'unconscionable business practices that deceive and mislead consumers into believing the rental prices that they charge are market rate.'
Instead, he said, the companies shared confidential, proprietary information and used RealPage's 'anticompetitive algorithm' to set rents, which ballooned prices.
'These defendants work together as a rent-setting cartel conspiring to make themselves richer by preying on the thousands of New Jerseyans just looking for a safe, affordable place to live,' Platkin said.
Platkin pointed to a Harvard University study last year that found that half of New Jersey renters are cost-burdened, meaning they spend more than 30% of their income on rent.
By suing, Platkin added, he wants to stop RealPage and landlords from 'ripping off the people of New Jersey.' He's asking a judge to appoint a corporate monitor, at the defendants' expense, to carry out court remedies and ensure the alleged scheme does not continue.
'I'm not going to tolerate corporate greed that violates the law and hurts our residents,' he said. 'Our lawsuit today is seeking to make RealPage both stop their illegal conduct and pay back their illegal profits.'
RealPage did not respond to a request for comment. Mike Semko, the company's associate general counsel, told lawmakers last year that the claims made against RealPage are 'patently, categorically false.' The Legislature is considering a bill that would bar landlords from using algorithmic software to set rent prices.
Caroline Ciccone, president of Accountable.US, welcomed the lawsuit.
'As everyday costs continue to rise for Americans, it's critical that elected officials step up and tackle price-gougers like RealPage, whose algorithm is set up to allow corporate landlords to push rental rates to historic highs,' Ciccone said. 'We applaud Attorney General Platkin for fighting for New Jersey renters and putting an end to this potentially illegal price-fixing scheme.'
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