Lawsuit Follows DOJ Settlement Over Alleged Rent Inflation Scheme
The legal challenge comes just days after RealPage reached a settlement with the U.S. Department of Justice over antitrust claims alleging its revenue management platform allowed landlords to inflate rent prices. While RealPage denied wrongdoing, it agreed to restrict its use of nonpublic data and is now cooperating with the DOJ in related actions against several building owners.
The company also faces a wave of antitrust litigation from renters in multidistrict cases.
RealPage argues that all pending antitrust suits target outdated versions of its software that once incorporated limited nonpublic data. The company maintains those versions still produced superior recommendations.
RealPage Says New York Misunderstands Its Software and Overreaches
The complaint emphasizes that RealPage’s current software—like the version approved by the DOJ—relies only on a building owner’s own data and publicly available information. It does not pool nonpublic data from multiple landlords when advising on rental pricing.
But New York’s new law goes much further, RealPage says, making it illegal to operate or use software that recommends rental prices or lease terms using data from more than one property owner—even when that information comes from public websites. According to the complaint, the statute effectively bans software that analyzes publicly accessible data across multiple properties to guide landlord decisions.
“This case is about a sweeping and unconstitutional ban on lawful speech,” the company said, arguing the law is unconstitutional both on its face and in its application.
