FTC suing Greystar, DOJ antitrust suit, etc

Anyone in the multifamily space have thoughts on all this?

The first lawsuit felt a little theatrical, and I thought it was going away early in December. Now this movement against landlords seems to be picking up steam.

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Have you read any of the suit? 

https://www.justice.gov/opa/media/1383316/dl?inline

I recommend looking through the section "Landlords Regularly Discuss Competitively Sensitive Topics with Their Competitors and Swap Information" that starts on pdf page 39 (lawsuit page 32).

While I do think parts of the lawsuit attempts to make a mountain out of a mole hill, some of the stuff detailed in this section was rightfully concerning imo (heads of revenue management discussing company wide practices for different rent level settings in RealPage).

Discussions like this from that section feel pretty conspiring and anticompetitive. 

image-20250113160423-1

 

I didn't see that part. That does change my thinking on it, if they were dumb enough 1) actually have those types of discussions and 2) to put them in an email then yeah... they'll probably get slapped with some nice fines.

I don't think it'll affect the industry more broadly unless they have some way to prove that everyone was doing it and have emails like that to prove it.

 

Pardon my ignorance, I’m a rookie and would like to avoid this problem. But how is that conversation a problem exactly? Is it because they are collectively talking about increasing prices at the same rate or is it something more nuanced.

 

Multif@mily4Life

I personally expect it to more or less shut down once administrations change, it's a bit ridiculous on it's face if you've ever used the RealPage software.

I thought the same thing since I used Yieldstar a long time ago and just wasn't that impressed with it but some of the examples they've mentioned make it seem like they have a case. I don't know when they implemented this, but supposedly Realpage has an employee that views the property managers rent adjustment rejections and then reports the property manager to the regional if they disagree with it. If the property management company wants to do the review themselves, they have to be Realpage certified. I'm not sure how you can spin this as them not setting rents at all these units.

If a property manager disagrees with the direction of a recommended price change—e.g., the manager wants to implement a price decrease when the model recommends a price increase—the RealPage pricing advisor escalates the dispute to the manager’s superior

RealPage imposes additional requirements on landlords who want to use internal or in-house revenue management advisors with YieldStar or AIRM (rather than use RealPage pricing advisors). RealPage requires these landlords’ employees go through RealPage certification. Certification is a multiday course in which landlords are trained— at times in the same session—on AIRM and YieldStar use and best practices, according to RealPage.

 

Interesting, I'm curious if that was only with some companies as I've never run into that issue and we almost never move lock step with what it asks us to do. I kind of think it's hilarious that AIRM would report a manager for that to the regional (if the regional distrusts the manager that much they should fire them and get a new manager). 

The bigger issue is the collusion mentioned above in my opinion.

 

I have always been against corny ass $15/month and $5/month and $25/month fees tacked on to renters in addition to their rent. In a just world, rent would simply be $45 dollars more a month, or even $50, and the used car salesman nickel and diming would cease.

The problem is that renters are stupid and will tour a $1,450 apartment with $50 of bullshit fees over an honest $1,475 all inclusive any day of the week. Then inertia kicks in and they’re far more likely to rent the $1,450 with fees over the $1,475 without, because how many tours do you really want to go on versus just getting it over with? 
 

Valet trash fees, internet fees, amenity fees - it’s all scummy. It’s all annoying. But it’s done because renters sadly prefer it, even if they claim not to. 

Commercial Real Estate Developer
 
Multif@mily4Life

100% this. There are specific cases where they make sense (e.g., parking fees being separate in NY or other walkable cities where you may not have a car), but 95% of it is lowering the face rents as a marketing strategy.

Sure.  But who are you or I to say it's wrong?

People are selfish and stupid and shortsighted.  Someone willing to rent the lower face value but higher overall rent unit deserve what they get.  Stupidity or greed, that's the tax

 
Multif@mily4Life

100% this. There are specific cases where they make sense (e.g., parking fees being separate in NY or other walkable cities where you may not have a car), but 95% of it is lowering the face rents as a marketing strategy.

MA notably limits fees - you pretty much pay rent, utilities, and then “add on” monthly fees, for example parking and pet rent, which aren’t mandatory. Effectively no one-time fees like app, admin, pet fee, unless it’s a replacement like a lost key or parking pass. I think this works pretty well. Reality is the amortized cost of foregone fees just gets baked into the chunk rents. Chunk rents are easier to consistently grow than fees for the most part, so not a terrible paradigm for landlords. 

 

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