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DOJ, States Sue Landlords for Algorithmic Rent-Fixing; Cortland Settles

Greystar Real Estate Partners LLC, Blackstone's LivCor LLC, Camden Property Trust, Cushman & Wakefield Inc, Pinnacle Property Management Services LLC, Willow Bridge Property Company LLC, Cortland Management LLCJanuary 7, 2025Connecticut Attorney General

Summary

The U.S. Department of Justice and ten states filed an amended complaint against six major landlords for using algorithmic pricing and sharing competitively sensitive information to suppress competition and raise rents. Cortland Management LLC agreed to a consent decree requiring it to cease these practices, cooperate with the investigation, and submit to court-monitored oversight. The landlords collectively manage over 1.3 million rental units across the United States.

Remedy

Cortland must cooperate with the government investigation, stop using competitors' competitively sensitive data to train or run pricing models, halt use of third-party pricing algorithms without a court-appointed monitor, and refrain from soliciting, disclosing, or using such information with other property managers for rent setting.

InjunctionConsent DecreeAudit Requirement

Contract Impact

In-house legal teams should review vendor agreements with property management firms and software providers (e.g., pricing algorithm vendors like RealPage), as well as any data-sharing or joint venture agreements between landlords. Focus on clauses governing data sharing, algorithmic pricing mechanisms, antitrust representations, audit rights, and termination for illegal practices. Given the consent decree with Cortland, contracts may need amendments to prohibit the use of shared pricing algorithms, require independent rent determination, include obligations to cooperate with government investigations, and establish monitoring/oversight provisions. Ensure contracts contain clear indemnification for antitrust violations and require certifications of compliance with competition laws.

Contract Search Terms

algorithmic pricing clauserent setting algorithmscompetitively sensitive information sharingprice coordination agreementantitrust compliance clausedata sharing agreementmarket allocationprice-fixingmonitoring obligationsconsent decree requirements

Laws Cited

Tunney Act

Violation Types

Entity Details

Entity

Greystar Real Estate Partners LLC, Blackstone's LivCor LLC, Camden Property Trust, Cushman & Wakefield Inc, Pinnacle Property Management Services LLC, Willow Bridge Property Company LLC, Cortland Management LLC

Also known as: Greystar, LivCor, Camden, Cushman & Wakefield, Pinnacle Property Management, Willow Bridge, Cortland

Industry

Real Estate

Multistate Coalition

U.S. Department of JusticeCaliforniaNorth CarolinaColoradoMinnesotaOregonTennesseeWashingtonIllinoisMassachusetts

Official Sources

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