Home Events + News Hoboken City Council Members Ask State To Ban Rent-Setting Algorithms

Hoboken City Council Members Ask State To Ban Rent-Setting Algorithms

by Erin Lanahan
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The topic of rent in Hoboken continues to trend after the City just voted down a compromise on a rent control referendum. Now, Hoboken City Council members are looking to take more measures to keep rent affordable in Hoboken. They want the New Jersey Legislature to ban rent-setting algorithms. Read on to learn about how rent-setting algorithms impact you and what is being done to fight it.

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What is a Rent-Setting Algorithm?

Different software tools use algorithms to help landlords and property management companies read the market and set their rent. The service collects rent data from participating landlords and property management companies, such as non-public prices and lease information, and then uses it to suggest rates. The topic has become a national issue with housing advocates saying it suppresses competition and drives up rental prices.

RealPage is one of many tools that provides landlords with a data-based algorithm in larger cities to help them set rental prices. Property management groups who used the tool found they were able to outperform their markets by 4.8%

Read More: The Local Girl’s Real Estate Directory

An investigation by ProPublica in 2022 set off a closer look at these algorithms. The article, Rent Going Up? One Company’s Algorithm Could Be Why set off a series of lawsuits, including class action lawsuits, against rental management companies and rent-setting algorithm providers.

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Just last month, a San Francisco Board of Supervisors proposed banning RealPage saying it “is a form of collusion that is destroying competition between property owners,” per CBS. The ban proposed by the board would make it illegal to sell, license, or otherwise provide algorithms to landlords or for those landlords to use one. Now, the Justice Department is investigating dozens of companies, including RealPage, for price-fixing and driving up rent, according to a report from Politico.

RealPage released a lengthy statement in June 2024 dispelling these claims its software raises rent prices. The company says the software, “contributes to a healthier and more efficient rental housing ecosystem.” CEO and president of RealPage, Dana Jones, said, “Housing affordability should be the real focus. RealPage is proud of the role our customers play in providing safe and affordable housing to millions of people. Despite the noise, we will continue to innovate with confidence and make sure our solutions continue to benefit residents and housing providers, alike.”

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In 2024, two bills were introduced in the Senate on the topic of rent control algorithms: S. 3686 Preventing Algorithmic Collusion Act of 2024 and S. 3692 the Preventing the Algorithmic Facilitation of Rental Housing Cartels Act of 2024. The goal of S. 3692 is to:

  • Make it unlawful for rental property owners to contract for the services of a company that coordinates rental housing prices and supply information, and designate such arrangements a per se violation of the Sherman Act;
  • Prohibit the practice of coordinating price, supply, and other rental housing information among two or more rental property owners;
  • Make it unlawful for two or more coordinators to merge where a merger creates an appreciable risk of materially lessening competition; and
  • Allow individual plaintiffs to invalidate any pre-dispute arbitration agreement or pre-dispute joint action waiver that would prevent their bringing a suit under this act.
 

 

How It Impacts Hoboken

RealPage is one of the tools available in Hudson County for property management companies. Council Member Phil Cohen and Council-at-Large Emily Jabbour both sponsored a resolution to ban the use of these systems. The proposal was introduced at the July 11th City Council meeting.

In one of his newsletters, Phil Cohen shared his reasoning for co-sponsoring the resolution, saying, “These practices are unacceptable and contribute to the growing financial strain on our residents, making it harder and harder for our families to stay in their homes and continue living in our community.”

Hoboken joins the Jersey City Council which approved a similar resolution calling on the State to ban rent-setting software in June. “Hopefully more will follow to send a strong message to Trenton regarding the need for this ban,” Councilwoman-at-Large Emily Jabbour told The Hoboken Girl.

The action called for by the resolution is as follows: “Now, therefore be it resolved, by the City Council of the City of Hoboken, that the State Legislature should pass legislation banning the use of an algorithmic system by two or more landlords to recommend or set the price and supply of rented residential dwelling units.”

The Jersey City Council approved a resolution on rent-setting software in June, calling on the State Legislature to take action and ban the algorithms, per the Hudson County View.

See More: A Guide to Luxury Apartment Rentals in Essex County: Part I

While rent prices are always a hot topic, in recent months both tenants and property owners have been fighting their positions. In 2023, several residents were joined by the City of Hoboken in a lawsuit against property management company Avalon, alleging that the company had not gotten an exemption from rent control laws. The tenants and the City prevailed in fall 2023, meaning that the company was to use rent-control pricing measures.

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