San Francisco seeks ban of software critics say is used to inflate rents

https://www.latimes.com/california/story/2024-08-01/san-francisco-seeks-ban-of-software-critics-say-is-used-to-artificially-inflate-rents

by PaulHoule • 2 years ago

71 170 2 years ago

latimes.com

hypeatei• 2 years ago

Software that critics say is used to inflate rents. Had a stroke trying to read the HN title.

Something1234• 2 years ago

A comma would also work, but I don't know if you can use commas in HN titles.

...seeks ban of software, critics say

sangeeth962• 2 years ago

That doesn't seem right to me.

wlindley• 2 years ago

Indeed. Wouldn't be surprised if San Francisco tried to ban software, and criticism too. Perhaps "Software, critics, and software critics seek to ban San Francisco."

rpdillon2• 2 years ago

This would be an improper use of a comma.

sangeeth962• 2 years ago

I also read it as "software critics" but isn't it grammatically correct? Maybe our minds mess it up given the context and our backgrounds.

chongli2• 2 years ago

It's written in headlinese [1].

[1] https://en.wikipedia.org/wiki/Headline#Headlinese

kelnos• 2 years ago

[RealPage] Chief Executive Dana Jones said that the company’s software helps both landlords and renters, and that the root causes of rising rents are the lack of affordable housing, increasing demand and inflationary costs of building and insuring housing.

Yep. I do wonder how much the finger-pointing at companies like RealPage is an attempt to distract people from the actual reasons why real estate is so expensive here.

That being said, if RealPage and others are essentially helping landlords do price-fixing, they do need to face consequences, along with the landlords using their services.

reaperducer• 2 years ago

I worked in this space for a little under a year. There is lots of price fixing in apartment rentals, but it varies widely from city to city.

The place I worked had several different systems that relied on a number of tricks. One I remember off the top of my head would be used by property owners to signal price changes to one another through carefully crafted Craigslist apartment listings.

standardUser2• 2 years ago

I worked in CA housing years ago and they would just call similar rental companies and get comps in order to either maximize rents (in high demand areas) or undercut the competition (in lower demand areas). I believe these practices are still completely legal.

neilv• 2 years ago

Do you think Federal and state AGs already know and have proof of those systems, or would it help to drop a dime at this point?

SllX4• 2 years ago

As long as people don’t lose sight that the there’s a lot more inflating prices than this, going after collusion and price fixing—including mediating software—is still a worthwhile endeavor.

standardUser2• 2 years ago

There are two different issues. One is a lack of housing that drives up rent. The other is collusion to artificially increase rents. In places with severe housing issues like CA, both of these are huge issues and both should be addressed aggressively.

SllX4• 2 years ago

Don’t forget the bureaucratic morass and red tape intended to make construction on one’s own land as difficult as possible in California cities.

dangerboysteve• 2 years ago

Factor in properties purchased solely for short term rental.

Aloisius• 2 years ago

I see no reason why a cartel should be legal just because it's managed by software.

That said, SF's sky high rents are largely due to decades of anti-growth policies that have prevented building enough housing to meet demand.

victorbjorklund2• 2 years ago

Knowing your competiotions pricing doesnt make ot a cartel. It is the agreement between compeotitors to regulate price that makes it a cartel. If I have a saas in industry X and I see that all my competitors price their saas between Y and Z usd/month. Then it isnt a cartel if I price my saas similar.

renewiltord2• 2 years ago

Yeah, there's nothing wrong with that. The weak point was that the software supposedly required some action to deviate from the suggested price and required some degree of adherence to the price. I don't have the software myself so I can't say how much of this is blown up and how much real, but that definitely seems like it makes things problematic.

blackeyeblitzar2• 2 years ago

Knowing pricing is enough to distort markets when the prices are not visible to the other players like buyers. The same thing happens in recruiting where companies share compensation data through through third parties, which removes real supply and demand dynamics because companies will stick to the data they have signaled to each other this way.

chongli2• 2 years ago

That said, SF's sky high rents are largely due to decades of anti-growth policies that have prevented building enough housing to meet demand.

Yes. This reminds me of the way so much emphasis is put on trying to prevent people from sparking wildfires with cigarettes or abandoned campfires and ignoring the work that needs to be done for good forestry and controlled burns for decades.

It's incredibly short-sighted and irresponsible behaviour when it's done by individuals but institutions somehow get a pass.

blackeyeblitzar2• 2 years ago

I agree that a cartel that is simply moved to a third party should not be legal. But HN doesn’t seem to agree when we discuss the advertising cartel using GARM as a nonprofit to collude. To me it seems that most people are unprincipled about what types of anti competitive behavior is allowed, depending on their personal politics.

mint25• 2 years ago

I’d say the rents in the downtown area are not entirely due to lack of supply.

The large towers of “luxury” apartments definitely are willing to let units go vacant to maintain rent

maerF0x03• 2 years ago

Elevated prices incentivize investments in things like more units in redevelopments, and better transit (to make commuting less of a economic cost)

hoofedear• 2 years ago

In its statement, RealPage said landlords are free to reject any rent recommendations made by the software.

“Hm this software we pay lots of money for says we could be charging more money? No no, let’s ignore this suggestion for the good of our tenants”

JumpCrisscross2• 2 years ago

this software we pay lots of money for says we could be charging more money? No no, let’s ignore this suggestion for the good of our tenants

But the software doesn’t make the number go up. Landlords’ privileged bargaining position does. Collusion requires some prohibition on undercutting; otherwise it’s just markets being markets.

tevon• 2 years ago

A landlord gets absolutely crushed by vacancy.

If they accept the higher price suggested by the software, they risk being vacant for longer. A month of vacancy is generally not worth 100 extra dollars a month.

So if the price is too high, the landlord has a strong incentive to drop it.

The price suggestion isn't the issue, the lack of stock absolutely is.

mint25• 2 years ago

My understanding is that with the way commercial loans work, the landlords are actually incentivized to keep things vacate rather than lower rents.

Is that wrong?

FireBeyond• 2 years ago

Did they forget the lawsuit on the east coast, where their own documents said that they required 95% compliance, and that landlords had to write a reason for non-compliance, and they had their sales staff go above the heads of PMs who weren't following the software's advice.

"So, technically yes, you can reject the recommendations, but if you work for a PM company we will probably tell your boss you're ignoring the software they pay for".

Dig1t• 2 years ago

If SF just relaxed zoning laws people would actually be allowed to build more housing. That is the only way SF will ever be able to address the root problem of affordable housing. Things like this are a bandaid that will have minimal impact.

cogman10• 2 years ago

Both have to happen. I live in a very friendly to develop location and rent/housing prices have skyrocketed up to CA prices. Not due to a lack of housing, there isn't an apartment complex in the area without vacancies. Yet everything has lock step raised their prices.

SllX4• 2 years ago

This. Rent prices have been skyrocketing across the country. There’s multiple causes, but there is good reason to believe that software-mediated collusion is one of them.

api2• 2 years ago

They will do literally anything but build housing.

I mean this might help a little bit but if demand exceeds supply it won't help much.

smcin2• 2 years ago

Politicians are merely responding to where the money and power increasingly is:

California Apartment Association [commercial landlord lobby group] has given $26.7 million to 936 different filers [politicians] over the last 26 years: look at who's on the payroll:

[0] https://www.followthemoney.org/entity-details?eid=3106&defau...

They even challenge out-of-state rulings (which would ultimately also bubble up to the 9th Circuit Court of Appeals):

4/2024 The California Apartment Association, in partnership with the San Francisco Apartment Association, today filed an amicus brief urging the U.S. Supreme Court to accept a case challenging the eviction moratorium imposed in the State of Washington.
The case, Gonzales v. Inslee, seeks to declare Washington State’s eviction moratorium an uncompensated government taking.

[1] https://caanet.org/caa-urges-supreme-court-to-review-washing...

api2• 2 years ago

Ultimately it's why I left California. If you live there you are subject to a real estate cartel that will extract all your surplus earnings, and they seem to have an absolute lock on power with the help of a ton of useful idiots who buy BS arguments against home construction. There's no rational response but to leave.

There's a growing YIMBY movement but at this point the mismatch between supply and demand is so great you'd have to embark on a crash building program to make housing prices sane.

ChrisArchitect4• 2 years ago

[dupe]

Some more discussion: https://news.ycombinator.com/item?id=41133143

https://news.ycombinator.com/item?id=41163936

ChrisArchitect4• 2 years ago

Algorithmic price-fixing of rents is here

https://news.ycombinator.com/item?id=41212616

joshfraser• 2 years ago

they're just sharing information. ie. protected speech.

dang• 2 years ago

Related. Others?

San Francisco to Ban Rent-Setting Software Amid Gouging Worry - https://news.ycombinator.com/item?id=41163936 - Aug 2024 (48 comments)

San Francisco Moves to Ban Anti-Competitive Rent Software - https://news.ycombinator.com/item?id=41155792 - Aug 2024 (7 comments)

San Francisco to ban software that "enables price collusion" by landlords - https://news.ycombinator.com/item?id=41133143 - Aug 2024 (17 comments)

Hoping to cut San Francisco rents, supervisors approve software-pricing ban - https://news.ycombinator.com/item?id=41125232 - Aug 2024 (1 comment)

Why US renters are taking corporate landlords to court - https://news.ycombinator.com/item?id=40261647 - May 2024 (110 comments)

Rents are soaring. Is RealPage to blame? - https://news.ycombinator.com/item?id=39992731 - April 2024 (207 comments)

Lawmakers Seeking to Outlaw Rent Price Fixing Reported by Propublica - https://news.ycombinator.com/item?id=39206493 - Jan 2024 (56 comments)

Big landlords used software to collude on rent prices, DC lawsuit says - https://news.ycombinator.com/item?id=38114264 - Nov 2023 (375 comments)

The rent is too damn algorithmic - https://news.ycombinator.com/item?id=37829575 - Oct 2023 (147 comments)

Landlord Software Is Making Life Hell for Renters, Report Says - https://news.ycombinator.com/item?id=35786820 - May 2023 (17 comments)

I saw RealPage's crappy rent-jacking-up software so you don't have to - https://news.ycombinator.com/item?id=34926683 - Feb 2023 (403 comments)

DOJ will examine whether RealPage helped landlords coordinate rent increases - https://news.ycombinator.com/item?id=33744136 - Nov 2022 (123 comments)

RealPage and landlords illegally created a 'cartel' to set prices, lawsuit says - https://news.ycombinator.com/item?id=33633541 - Nov 2022 (3 comments)

US senator seeks antitrust review of apartment price-setting software - https://news.ycombinator.com/item?id=33444092 - Nov 2022 (6 comments)

Lawsuit filed against rent-setting software RealPage - https://news.ycombinator.com/item?id=33317414 - Oct 2022 (50 comments)

Clever algorithm may be what's driving rent prices so high - https://news.ycombinator.com/item?id=33313028 - Oct 2022 (6 comments)

Rent going up? One company’s algorithm could be why - https://news.ycombinator.com/item?id=33224502 - Oct 2022 (279 comments)

Landlords use software to set rental rates - https://news.ycombinator.com/item?id=3294248 - Nov 2011 (5 comments)

iamleppert• 2 years ago

SF city officials are looking to cast blame to anyone and everyone in their grasp -- including private equity companies, operating and innovating legally in the market. It has been shown that the software offering improves tenant lives by making it easier and faster than ever before to manage their rental experience. This innovative and game-changing software has been further enhanced with the use of AI, giving users more power and flexibility than ever before.

mint25• 2 years ago

What!? Where has it been shown that rent price fixing makes tenants lives better? Why and how could price collusions algorithms make the life of a renter better? This sounds like something on would see on the real page website.

spacemadness• 2 years ago

Are you on the marketing staff for Realpage? Or just astroturfing? Who otherwise would write “This innovative and game-changing software had been further enhanced with the use of AI”?!

Imnimo• 2 years ago

I'm skeptical this is actually materially increasing rents, but I also think this shouldn't be allowed as a matter of principle.

BrandoElFollito• 2 years ago

Unrelated question about "San Francisco seeks ban of software critics say is used to inflate rents"

Is this sentence clear for a native speaker of English?

I read the article and as far as I understand there is software that makes it that rents are high and SF wants to ban it.

Now when I carefully parse the words it makes sense (~ "SF seeks to ban some software, and this software is criticized for making rents high")

Was the title clear and understandable to you after a single pass?

winthrowe• 2 years ago

It was clear and understandable to me, but follows a format I've seen many times. Headlines in English tend to have a style that's widely used, but would not be considered good usage outside of headlines, which I could expect to be troublesome for non-native speakers.

rpdillon2• 2 years ago

Yep, on first read I happened to get it right, but on further examination, I see the ambiguity. The trick is to not associate "software" with "critics", even though they're right next to one another and software could be an adjective rather than a noun.

Rinzler89• 2 years ago

Jesus, no wonder kids today hate capitalism and are flirting with political ideologies on the extremes of the spectrum.

alexb_3• 2 years ago

Capitalism has nothing to do with this, because land is not capital. Land, as a non-fungible asset, is monopolistic by nature. There is no free market involved because competition cannot exist. Furthermore, because you must occupy some piece of land, it commands a monopoly price that ends up taking absolutely everything that the poorest can possibly pay, ensuring the continued existence of poverty no matter how much we progress as a nation.

Land ownership should not be confused with capitalism because it is not a free market, and the advantages of location are not capital.

phone8675309• 2 years ago

Capitalism has _everything_ to do with this as while the _amount_ of land may not be growing, the economic system does _nothing_ to cap the price of this essential commodity. The only cap on the price of land is the amount someone is willing to pay for it.

To say that the advantages of location are not capital (or equivalent to capital) is just ignorant. There are plenty of pieces of land that act just like capital - access to natural resources, access to a coastline, fertile for farming, or in a location where a toll road or similar could be employed.

It becomes very difficult for someone to build and own a sapphire mine if they don't have the capital to buy the land that has the sapphires in it!

tyho• 2 years ago

Tell that to the Dutch.

TimTheTinker• 2 years ago

It's not quite that extreme.

There are plots of land in random, remote places that continuously go up for sale for extremely cheap prices. You won't find these on NMLS listing services :-)

Also, modern local regulation (not capitalism) is largely to blame for housing prices. NIMBYism and similar attitudes are usually behind it, although distrust of potentially corrupt officials can also factor in. Smart city planning can help here. There are good developers out there with money to invest.

Finally, there are vast swaths of undeveloped, unused land, and not all of it is owned by the BLM. This represents an open opportunity for developing housing and townships.

All of the above are not easy to take advantage of -- there are significant hurdles involved. But having multiple clear paths forward does imply we're not under some thumb of tyranny with regard to housing and real estate.

(Edit: removed comment about homesteading; thanks for the correction!)

jncfhnb2• 2 years ago

Weirdly confident and passionate rant here about nonsense.

Capital is not defined by non fungibility. Land is not “monopolistic” by nature. Competition can exist for land. Monopolies don’t define free markets. Land is not capital but not being capital does not mean it’s unrelated to capitalism. You’ve described land as having inelastic demand but that’s not correct, it’s actually inelastic supply. Demand for land is definitely elastic even if you “must occupy some land”.

This is like a puzzle to spot as many factually incorrect claims as you can.

bell-cot• 2 years ago

Capitalism, as commonly understood today, by non-Economists, has everything to do with this. (Which, yes, is a major social problem.)

Vs. (IIR) Classical (Adam Smith era) Economics viewed rent as Feudalism - not Capitalism - and took a very dim view of all such "as much gold as you can squeeze out of others, without doing any real work yourself" schemes.

cassianoleal• 2 years ago

Capitalism is not centrist. It's not like the extreme right is not composed mainly of capitalists.

tdb78933• 2 years ago

The amount of people I know with full time jobs (often very skilled ones, one person I know runs research projects studying cats) struggling to get by is pretty crazy. Working in software we can be really insulated from it. It's no surprise people don't feel like the current system is working when it isn't working for them.

FredPret7• 2 years ago

Did you compare average jobs across time and place?

Ie, does your statement apply to everyone in the country? Some places have much lower cost of living but similar earning power.

Similarly, did you compare to the past? Average people used to be much worse off 20, 40, 60, etcetera years ago.

Also, should running research projects that matter little to the average person get large financial rewards?

snowpid• 2 years ago

"kids" => your bubble?

tome9• 2 years ago

Then they were sadly misinformed. The need to prevent cartels and monopolies has been known since the notion of capitalism was conceived.

ceejayoz7• 2 years ago

The issue isn't the need, it's the willingness/capacity to do so that's a problem.

aidenn0• 2 years ago

The US abandoned enforcing many of its antitrust laws starting in the late '70s, and is now reaping the long-term consequences of doing so.

VancouverMan• 2 years ago

It's odd to blame capitalism for these sorts of problems.

Real estate, property development, and property renting/leasing are typically some of the least-capitalist and least-free-market sectors around.

They all tend to involve extensive and very invasive government intervention that controls or even prevents when and how capital can be used. That's the opposite of capitalism. That's the opposite of a free market.

Government-imposed zoning regulations, onerous development planning and approval processes, rent controls, licensing requirements, and other forms of interference severely inhibit the ability of the market to function properly.

As government involvement in such sectors has increased over time, the situation has gotten worse and worse. Of course, inefficiency and problems are exactly what we should expect to arise due to government interference with the market.

Competition becomes limited, which causes supply to become artificially constrained. This distorts the pricing, which may include collusion becoming possible. Incentives that would help drive down costs, while simultaneously increasing quality and availability, no long exist.

Those calling for even more government intervention than there already is are only making the situation even worse for themselves and others.

PaulHoule7• 2 years ago

If I remember right, the very beginning of "capitalism" was in companies like

https://en.wikipedia.org/wiki/Dutch_East_India_Company

which was granted a monopoly in the Asia trade by the state. In general "capitalists" like "free" markets when it means they can do what they hell they want, but they very much like regulation when it is in their favor.

ian-g2• 2 years ago

Sometimes it feels like the easiest way to make money with a new business today is to build something that helps another person make money.

I'm sure it took work to build a database of rents in America for RealPage. But then they got customers to contribute their own data too, per the article

CuriouslyC• 2 years ago

That's always been the easiest way. You can employ someone to work for you, but then you have to pay them, it creates a cashflow issue and you're assuming larger risk. It's much more efficient to structure your business to take a cut of someone else working for themselves as it trades a lower profit margin for a larger base and lower risk.

BadHumans• 2 years ago

During a gold rush, sell shovels.

tome9• 2 years ago

Sometimes it feels like the easiest way to make money with a new business today is to build something that helps another person make money.

Isn't this exactly what all B2B businesses do?

ian-g2• 2 years ago

I more meant that they probably have enough of the market now to stop collecting information. They can just charge their customers to access what's already there and offer a small discount if those customers contribute their new data

m_ke• 2 years ago

Similar story about hotel price fixing: https://popular.info/p/how-hotels-are-colluding-to-jack

londons_explore• 2 years ago

I believe this is widespread. There are plenty of hotels who have 100 rooms, yet only 6 are occupied on any typical night, yet they still price the rooms at $150/night.

Any sane manager would discount the rooms to $75/night, pulling in all the guests from neighbouring hotels, filling the place, and raking in a tidy profit.

Yet 'head office' says discounts aren't allowed, even if it increases revenue. Presumably because the CEO is mates with the competing CEO's and they all decide not to undercut eachother.

lotsofpulp5• 2 years ago

Any sane hotel manager knows that not all hotel clientele have the same level of risk, so you don’t just lower the price until every last room sells. Just one person can cause a disturbance that results in having to refund multiple other hotel guests. One factor of a nice hotel room is nice hotel guests that keep rooms nice and don’t cause issues.

Also, outside of money laundering or something, no hotel is operating on 6% occupancy.

ceejayoz7• 2 years ago

Any sane manager will know there's a too-low amount at which point you start to lose money on the room, because you had to pull in an extra housekeeper, a certain percentage of people pee on the bed or break a chair, sheets need laundry, fees to the corporate franchise, there's a $10 food credit for anyone with Gold status, etc.

tome9• 2 years ago

Presumably because the CEO is mates with the competing CEO's and they all decide not to undercut each other.

"Presumably" meaning what? Do you have some evidence or are you presuming it because it "feels right" as an explanation?

PaulHoule7• 2 years ago

In the case of hotel-casinos however I don't know if I believe in the posted prices at all as a lot of people are getting comps. My mother-in-law has a moderate gambling habit at the local casino and she gets free rooms all the time.

They opened a new hotel-casino near the Catskills that I was thinking about using as a base camp but I thought the posted room rates were insane but I'm sure if you were gambling you'd get a better deal.

Also they end their data in 2022 when the effect of the pandemic was still there to push occupancy down. I remember going to Buffalo a lot around that time and having Priceline put me in various Marriott group hotels at great rates.

al_borland2• 2 years ago

"Free" isn't exactly free. The casino would not be comping rooms if they weren't more than making up for it on gambling losses from those getting the offers.

Workaccount2• 2 years ago

But a lack of supply doesn’t tell the entire story.

No, it does.

Etheryte6• 2 years ago

Depends on how you look at it. Simply adding supply doesn't really address the underlying problem if you don't look at the rest of the context. If any freshly built housing is bought up by landlords who can afford to outbid ordinary people, then adding supply doesn't alleviate the problem. We're seeing this in many capitals across the world. Realistically I think any solution must start with making real estate a non-feasible investment vehicle, otherwise you're always going to bid against the ultrarich of the world either directly or indirectly, no matter how much supply you add.

lotsofpulp5• 2 years ago

Supply is supply of sellers, in this case. A market works best with lots of sellers and lots of buyers.

tome9• 2 years ago

If any freshly built housing is bought up by landlords who can afford to outbid ordinary people, then adding supply doesn't alleviate the problem.

Can you explain a little bit more about how this situation is supposed to arise? Perhaps you're saying that regardless of how much new housing is built, landlords will always be able and willing to buy it for a higher price than "ordinary people"? That sounds quite implausible to me. Landlords don't have infinite amounts of money. Maybe you're saying something else.

FredPret7• 2 years ago

Landlords may have much more capital than the average person, but they don't have an infinite reserve.

Investment opportunities compete with one another for investor dollars. If the yield on housing goes down, then investors will shift their money to (non-REIT) stocks and bonds.

Let's do a thought experiment and imagine the worst-case scenario for the "build baby build" camp.

1. We build a ton of new housing, more than we need.

2. Landlords snap all of it up immediately.

3. They collude to keep rents steady despite the massive oversupply.

4. So now most of the housing is rented out at artificially high rates, and some housing is extra and thus empty. However, a ton of capital is locked up on the empty houses.

5. The more housing we overbuild, the more investors' yield on housing goes down - they have to invest more and more to snap up all the houses, but the number of houses that's collecting rent is steady.

6. The rational subset of housing investors pull their capital and buy stocks and bonds instead. Housing prices fall.

7. The irrational subset of housing investors hold out, hoping to keep collecting high rent or sell the housing on to a "greater fool". Housing investors lose some of their capital, and the worst ones are cycled out of the system as poor capital allocators.

delichon• 2 years ago

Yup, the law of supply and demand does tell the important parts of the price story. Using software to help set prices lets suppliers converge on the market rate more swiftly, but doesn't change that rate by a lot. It's the same when a buyer uses software to see a long list of market prices. It helps them determine their demand price, but doesn't do a lot to move it beyond the supply and demand story. Banning such software would reduce the efficiency at which we arrive at those prices on both the high and low side. It's not clear that demanders would benefit more than suppliers.

mint25• 2 years ago

Value/Price of commercial real estate are significantly determine by theoretical rent, so are the commercial loans.

It’s a positive feedback loop of high rent. There is no theoretical abstract proper rent just waiting to be discovered like that comment seems to think exists.

declan_roberts4• 2 years ago

They want us to believe the problem is the greedy landlords, and not the incompetent, greedy, and entitled politicians.

Every time they "allow" more housing they weigh it down with petty pet requirements.

davidw• 2 years ago

This is correct. The big picture is supply and demand. RealPage won't let you charge LA rents in Houston, because Houston has a different mix of supply and demand that is better for tenants.

That said: if this system lets landlords eke out even 1% extra compared to the status quo... well 1% of a lot of people's rents adds up to a lot of money and I won't be sad if the company gets sued and loses.

But what you can't do is let your eyes off of the local NIMBYism that so often is the root cause of supply issues:

https://bendyimby.com/2024/04/16/the-hearing-and-the-housing...

katzinsky• 2 years ago

I think it is a little more complicated. The actual native population in the US is shrinking so demand and thus cost should be shrinking.

0x1ch• 2 years ago

I assumed this was the future around the time I started in going to Uni in 2019. Every apartment I have lived in since has used the same management software, so I assume they are all using the same price fixing systems as well.

daft_pink• 2 years ago

It makes sense to use the software. It doesn’t make sense that they sign an agreement that they must use the software’s output. Requiring use of the output should be illegal.

rwmj• 2 years ago

Also the first rule of crime is don't write down that you're doing a crime.

jeffbee4• 2 years ago

they sign an agreement that they must use the software’s output

They don't. This is the key weakness of the case and the reason that dozens of large landlords have already exited the class actions. Not everything that ProPublica prints is true.

ceejayoz7• 2 years ago

Not everything that ProPublica prints is true.

They didn't. They're quite clear in their articles.

https://www.propublica.org/article/yieldstar-rent-increase-r...

"Apartment managers can reject the software’s suggestions, but as many as 90% are adopted, according to former RealPage employees."

It's a pretty thin veil; a sort of https://en.wikipedia.org/wiki/Will_no_one_rid_me_of_this_tur... scenario.

"'The beauty of YieldStar is that it pushes you to go places that you wouldn’t have gone if you weren’t using it,' said Kortney Balas, director of revenue management at JVM Realty, referring to RealPage’s software in a testimonial video on the company’s website."

gadders2• 2 years ago

No-one ever talks about reducing demand for housing.

tdb78933• 2 years ago

I can see the clickbait YouTube video now: "Reduce demand for housing with this one modest proposal"

Referenced: https://en.wikipedia.org/wiki/A_Modest_Proposal

gadders2• 2 years ago

I'm not proposing anyone eat their children.

However, immigration does seem to be a factor driving supply.

al_borland2• 2 years ago

I'm not sure what particular aspect you're hinting at, but...

The number of single adult households has doubled since the 60s[0].

This dramatically increases the amount of housing needed. All those that make up trend of going from married to single, account for 2 houses needed instead of 1.

But the same people who complain about housing are often same ones who are anti-marriage.

[0] https://usafacts.org/articles/how-has-the-structure-of-ameri...

ceejayoz7• 2 years ago

The number of single adult households has doubled since the 60s.

Not the number, the proportion. The population has doubled during that time; it would be weird if the number of households stayed flat.

Single households with no children also drive demand for very different housing than married households with children.

VyseofArcadia3• 2 years ago

If it's illegal to fix prices by collaboration, it should also be illegal to fix prices by implicit collaboration.

I'm under the impression this would be clearly illegal if all these rental companies got in a room with some pencils and calculators and binders full of price data to do the same thing. Why is it different if they do that via a middleman?

NickC252• 2 years ago

Why is it different if they do that via a middleman?

Because injecting a middleman into the situation creates a facade of plausible deniability. Obviously, such deniability is complete nonsense to anyone with eyes and a brain, but here we are.

VyseofArcadia3• 2 years ago

Why is the very existence of such a middleman not illegal? I'm sure their sales pitch is more subtle than "we'll help you get away with price fixing", but it should be obvious that the effect is the same.

Teever• 2 years ago

What you may call a facade of plausible deniability others would call racketeering.

There are laws against this kind of behavior what is lacking is sufficient enforcement of them.

cfcf14• 2 years ago

It's not - the FTC released a statement on this very topic a few months ago: https://www.ftc.gov/business-guidance/blog/2024/03/price-fix...

ceejayoz7• 2 years ago

We won't really know the answer until SCOTUS rules on it.

barryrandall• 2 years ago

Is it any better if the data is scraped from public sources and sold as a real-time analytics tool?

nico401• 2 years ago

I strongly believe so, the same way a business can check competitors' prices. If it's public, it's fair game.

Note: I am biased, I'm working on a platform that does exactly that, taking an orthogonal direction to real estate analytics: https://www.hellodata.ai. Using 100% public data.

maerF0x03• 2 years ago

If that's true then NIMBYism is also collaboration to inflate property prices. Perhaps we should also be cracking down on the policies that restrict supply despite such obviously high, and rich, demand.

declan_roberts4• 2 years ago

They will do absolutely everything they can in the city to lower the cost of housing EXCEPT allow more of it.

"it's those greedy landlords fault"

VyseofArcadia3• 2 years ago

A problem can have more than one cause.

toomuchtodo• 2 years ago

Both the city and private housing providers colluding to price fix housing costs can be wrong. The whataboutism is tiring.

declan_roberts4• 2 years ago

Talk to somebody trying to replace a SFH with a duplex in San Francisco and then get back to me.

FredPret7• 2 years ago

This is the best way to bust the landlord monopoly (if there is one).

Build more houses than we need. Suddenly those landlords have to compete for good tenants. And monopolistic cooperation will suddenly become impossible: when vacancies go up, and finance costs stay the same... the pressure will be on, and all it takes is a single landlord to cave and lower his rent to break the whole thing apart.

Before I moved to Canada, I lived in a country with surplus housing. Renting there was not only incredibly cheap, but very easy to arrange. You could play prospective landlords off each other to get better rent or have them do minor renovations. Legislation makes little to no difference in the face of market power.

declan_roberts4• 2 years ago

Definitely. Nobody likes a greedy landlord. Let's flood the market with housing and destroy them.

ChrisLTD2• 2 years ago

My thoughts exactly. Price fixing should be illegal, but that's not the primary mover of insanely high rental prices in San Francisco.

PaulHoule7• 2 years ago

It's going to work there because of the demand inelasticity. If you tried to fix prices in a place that did not have the demand it would be a different story.

emorning3• 2 years ago

The DOJ is planning to sue RealPage...

https://www.politico.com/news/2024/07/12/justice-department-...

EGreg• 2 years ago

It’s not just landlords.

I wrote this article about the wider phenomenon of memes and collusion in public markets:

https://magarshak.com/blog/?p=385

jeffbee4• 2 years ago

It's very Jacobin to pretend that the last-place mayoral candidate, a rich landlord, in San Francisco, the city with the worst housing crisis on the planet, has struck upon a useful and remarkable solution to bring down rents. The biggest problem in America today is that our socialists are the worst and stupidest socialists any country has ever suffered. We need better ones.

FredPret7• 2 years ago

Smart and mild people on both sides of the aisle are critical, but you also need a handful of principles-first ideologues on both sides to keep the Overton window from speeding off to one side.

The problem is when the middle gets radicalized and the whole lot of them zoom off to the edge of sanity.

jeffbee4• 2 years ago

Our socialists are not extreme. They are fake. Half of them are trust fund kids from Little Ivies with permanent incomes from their dads' regional apartment empires.

ChrisArchitect4• 2 years ago

San Francisco to ban software that "enables price collusion" by landlords

https://news.ycombinator.com/item?id=41133143

San Francisco to Ban Rent-Setting Software Amid Gouging Worry

https://news.ycombinator.com/item?id=41163936

ChrisArchitect4• 2 years ago

Algorithmic price-fixing of rents is here

https://news.ycombinator.com/item?id=41212616

olliej• 2 years ago

“Landlords are using software to launder price fixing”

kazinator2• 2 years ago

The thing I don't understand in all this is how on earth are rents secret? I mean, can't a landlord fix prices just by looking at nearby rental listings and matching?

Are there certain key details that that the software and its back-end can share that enable price fixing better than open listings?

If tenants were hard to get, looking at nearby listings would motivate the landlord to go cheaper. (I do understand that the platform in question encourages compliance with the recommended pricing.)

When the market conditions favor landlords, they have no reason to compete, though, no matter how they get wind of prices.

(Oh, but, wow! San Francisco is really socking it to the housing problem here with this ban they are seeking, yay!)

natbennett• 2 years ago

This is all publicly available information but:

Advertise prices are not the actual prices that people are actually paying.

RealPage doesn’t just show the prices of other apartments around you. It gives a recommendation for what you should price your listings. The heart of the price fixing claim here is that this price is higher than landlords would select on their own.

kazinator2• 2 years ago

The thing is, that if, say, 10,000 landlords had to vie for 1,000 renters, no application would help them set high prices. Nobody would stick to its recommendations, while would-be renters are not calling. They would say, screw that, and set a low price to try to attract the renter away from the next landlord.

Price fixing can only exist in an oligopoly (which becomes a virtual monpoly by getting together and fixing). There are too many landlords to comprise an oligopoly. If some of then plug into an app, that doesn't make them into an oligopoly.

This is all just scapegoating for deeper problems in the actual housing market. Rents are mainly high because of supply and demand.

Actually another thing is that landlords trying to set the highest possible price are being counterproductive. High rents tend to attract undesirable tenants. What you want as a landlord is not to extract the highest rent, but to find a great tenant. A great tenant isn't the one who can pay the top dollar. It's one who doesn't cause trouble or damage, and doesn't go into arrears on their rent. (Plus other attributes, like not complaining about every minor thing.)

How I know this is that over 30 years ago, I did IT work and materials preparation work for a real estate guru who taught seminars. He was a one man operation and hired me part time. In banging up the course materials, I picked up a thing or two.

Here is an article I just found about this topic:

https://www.landlordtalking.com/tips/tenant-screening/landlo...

kylehotchkiss• 2 years ago

Please ban this throughout the entire state, not just SF.

euroderf• 2 years ago

If producers can communicate to form a unified actor, why can't consumers too ?

And just like that, the USSR was magically reconstituted.

San Francisco seeks ban of software critics say is used to inflate rents

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