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原始链接: https://news.ycombinator.com/item?id=41330007

一家雇主在其母公司财务状况恶化的情况下改变了人力资源部门以削减成本。 它没有解决员工的担忧,而是用位于美国的集中式团队取代了当地的人力资源团队,该团队利用当地团队收集的数据来实施激进的策略。 最初要求员工签署隐性减薪的新雇佣合同,引发员工争议和怀疑。 需要采取法律行动来纠正这种情况。 雇主认为远程工作和离岸外包是一回事,但地区劳动法的细微差别却截然不同。 这种情况表明了雇佣实践透明度的重要性以及将利润置于员工道德待遇之上的后果。

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原文


~2019 I led a team of highly qualified security R&D folks inside Cisco (we were part of an acquisition), these folks were effectively highly specialized SWEs. But because the title was something like "security researcher" it was compared against the closet Radform ladder which was closer to to compliance officer.

This meant the specialists were on a ladder with often lower pay than a standard SWE, and I couldn't shift the bureaucracy enough to change that. People left for all sorts of reasons but a big part was being able to get 2x-4x the total compensation at other companies.



If anyone else runs into this issue, typically the direct route for things like this is to get involved a discussion with someone in your Total Rewards / Global Compensation team. These are usually the people that confirm the mapping of internal positions to benchmarks, and there is huge between-organizations variability in the quality behind that process.

Many times normal managers or more generalist HR Partners (especially if more junior) may not appreciate that this is a data error vs. a frustrated hiring manager trying to tell you their subjective feelings are more correct than policy.

That having been said: I still think the whole thing stinks.



The comment you replied to seems to be targeted at managers trying to advocate for their teams, not at individual contributors trying to advocate for themselves. I agree that reaching out to the compensation team as an IC is generally not going to be an appropriate or effective way to get a raise. But for managers, working with HR on issues like that is just part of the job.



I'm currently fighting this. The benchmark for my team is 10-15% lower than just our area. And 30-40% lower than the nation. And it's because we get lumped in with lower skilled titles because of the title scheme on our campus.

I can't get any traction with admin or HR, and we're both hemorrhaging people and can't bring in qualified new candidates.

It's very frustrating.



I just went through this last week and the trick was getting my finance director to tell HR that she approved the higher amount I wanted to offer. HR will play games with your budget until you take the excuse away.



The problem is the Dean for that area (is a college by the way) is a cowardly little chicken shit bitch who will not rock the boat for any reason.

We have history if you couldn't tell.



The problem is, it can change rapidly on the ground. We actully had a good HR team in a previous role, that really did work to support the employees, would push back against the org etc where approripiate (including on things like salary).

Financials in our parent company dipped, and rather than address their issues they went to war with the acquisitions they had picked up over the last five years or so to try and squeeze blood from a stone.

Step 1 was to immediately replace local HR teams with a US based team who proceeded to weaponise the data that had been held by the local team.

So even if you think HR today is "pretty good", it could change from underneath you very quickly.

The change was actually wild, one of the first things they did was try to get us all to sign new employment contracts that calculated how benefits defined in law in my country apply in the hopes that nobody would notice. It was effectively a paycut they were trying to hide.

It would have reduced my salary by close to 20k had I signed it, some people did. They refused to acknowledge this sneaky change until a few employees took up legal representation and then magically we all had new contracts the very next day with the issue suddenly resolved. Prior to this they just spent weeks gaslighting people and threatening termination for anyone that didn't re-sign the new contracts.



Because it is a job that needs to be done and someone is willing to pay for it. For some people it may be the best job they can get.

I understand why no one likes human resources. They are there to protect the interests of the business and it is in the best interest of the employee to interact with them as little as possible. On the other hand, they are a useful resource for managers. HR frees them up from many of the administrative tasks for recruitment. They are a resource for management when they need to know something about compliance with labour regulations. Whether it is a compliance issue or the desire to retain an employee, they may just save your behind. That isn't to say that you should approach them directly. You need an advocate, otherwise they will probably view you as a liability. If you don't have that advocate (e.g. a manager or a union representative), then good luck!



i mean if hr was just doing those things no one would complain. I get there's some nuance to the responsibilities of an HR department but interactions usually seem to be biased towards protect the company, not make peoples lives easier. So i think it takes a certain kind of person to actually be able to do that effectively.



I have some insight into this space (compensation analysis) through a family member. Either the VP was incompetent, or the mismatched job situation was used as cover for the outcome they intended (people leaving). "The bureaucracy" exists to serve businesses interests, and legal risks to same.



Not just by algorithm. In the US, many large employers utilize 'The Work Number' by Equifax for employment verification services, and share details about individual employees as granular as individual paycheck disbursements. This information is visible to other employers that buy in to the scheme, and obviously favors the employer in salary negotiations with a candidate.



Data brokers are a scourge. They should be illegal, or at the very least regulated.

For example, here's an idea for one such regulation:

    If the company purchases aggregated salary data, they must publish their own salaries for at least 1 year.


Possession of the data should be illegal. It can be enforced through statutory damages, similar to the damages paid for sharing copyrighted music recordings and movies.



Then all the five page long boilerplate contracts for every service you use are just going to add another clause saying that they get an irrevocable, transferable license to the data they collect. Probably without telling you because there's already a clause saying they're allowed to change the contract without notice.



> This information is visible to other employers that buy in to the scheme, and obviously favors the employer in salary negotiations with a candidate.

Meanwhile, it is an employee-rights win that the employer can't ask for your prior salary. Which of course they now already know.

We need strong laws that protect people from companies using data. Similar to credit-data usage for loans, companies should be limited to information on an application and in an interview when it comes to making employment decisions. They shouldn't be allowed to use social-media or past employment salary, or similar. At least not without explicit legal requirements and laws governing usage.



Honestly what you describe is less likely to run afoul of antitrust law than hiring some firm who has all that data to tell you what salary to offer. At least you are looking at data and competing, not just paying some consultant to tell you and every other company to lower salaries.



Similarly companies like Pave also do data collection and sharing to create “benchmarks” around salary and report out salary ranges for comparable companies and locations. I was wondering where the line is drawn between something like this and Realpage? Or even if you do some detailed survey about compensation and distribute it, at what point does this become anticompetitive? All of this does seem to rapidly be becoming the norm with regards to how companies set compensation levels. Curious if anyone with more expertise knows the answer.



I think one of the biggest differences between comp benchmarking providers and RealPage is that two companies given access to the same benchmarks often make very different compensation decisions.

Some companies decide to pay at the 90th percentile of the market and some decide to pay at the 50th.

RealPage was much more proscriptive which is part of what tips the balance over into collusion vs just providing market statistics.

Zillow provides a zestimate for rents, which serves a similar market summary purpose but without the mechanism to enforce compliance and therefore is totally fine.



Don't forget FunnelLeasing.com which funnels its victims into Finicity.com which is "consent based" financial surveillance where landlords can monitor the cash, credit and asset accounts of their customers using a pretty dashboard and receive alerts in advance of upcoming trouble (such as layoff by Google, Amazon, Facebook, etc. that facilitated the consumer mindset to "consent" to such madness). It allows the landlords to eject tenants before they default by proving that the tenants are already insolvent according to industry norms.



Genuine question: How do people on HN reconcile the idea that tech salaries are suppressed with advocating for remote work and opening employment to the global market where employees are often paid much much less than in the US?



Remote work and offshore work aren't inherently the same thing. If you're a company with offices in New York City and San Francisco and you hire someone in San Diego or Rochester, you're still dealing with the laws of the same states and federal government. Even someone in Massachusetts or Texas is probably not a big deal.

But if you want to hire someone in Poland or Korea, do you even know what their laws are? How much do lawyers cost there, and are they any good? Is the government adversarial, or could it become adversarial? Do they discriminate against foreign employers? Employees there are probably going to want to be paid in a different currency; are you interested in dealing with issues if the value of that currency changes? International banking rules? If the cheapest hires are in seven different countries, do you want to go through all this seven different times? The team you're managing now sees daylight in the part of the day when you're asleep, is that going to be any trouble? Are you ready to deal with reports being poorly written because their native language is different than yours?

The reasons companies are willing to pay more to avoid dealing with all of this have very little to do with whether you work in an office or in your house which is in the same jurisdiction and hemisphere as the office.



> Remote work and offshore work aren't inherently the same thing

Historically, no. Recently, the companies that abstract away the local technicalities of hiring within the U.S. have also made it easier to hire outside the U.S. I know someone at a Fortune 100 who was looking for remote workers in the U.S. and realised, through their remote-worker hiring portal, that they could hire two teammates for the same cost in Brazil.

As long as you're willing to bridge the cultural gap, it's much easier to offshore. (And I'd argue a developer in Rio is culturally closer to a New York City dev than someone out of a coding academy in rural Alabama.)

> Even someone in Massachusetts or Texas is probably not a big deal

Employment law in Massachussetts and Texas vary wildly. For example, if you have an ESOP employee in Massachussetts you're supposed to make various additional securities filings with their Secretary of State.



All these issues (except, perhaps, the need to switch to asynchronous way of working due to time zones) are these days solved by specialized services for a flat, and not too high, fee; honestly, if there’s a will to hire internationally, there is a way.



There is a ton of stuff businesses do to commission compensation too, like suddenly moving goals for bonus payouts, changing the commission formula etc.

It can also be manipulated to suppress being paid fairly



>Armed with competing landlords’ data, RealPage also encourages loyalty to the algorithm’s recommendations through, among other measures, “auto accept” functionality and pricing advisors who monitor landlords’ compliance.

I think the "private prices" + "autoaccept" + "compliance" is the key misbehavior that gets RealPage into legal trouble.

If competitors want to converge on prices in a legal manner, they have to do out in the open via "price signaling" via public posting of prices. That's how it's legally possible for competitors in other industries to do it:

- gas stations looking at each others signs of prices and quickly adjusting to match;

- e-auctions like Ebay/Reverb showing a seller what the previous range of sold prices were;

- Kelly "Blue Book" showing current used car market prices

- Zillow publicly showing rental rates, etc.

Neither the platform nor the sellers in those examples get in trouble for "price fixing".

In contrast, the privately shared pricing with compliance monitoring by the platform is too coordinated to avoid legal scrutiny.



"compliance" alone is a sufficient misbehavior. No matter how people get to a price number, you can't have a contract or any other mechanism for the competitors to try and enforce the coordinated price, that's straight out wrong by itself.



What I'm having a hard time understanding is why RealPage cared about "compliance" in the first place - do they charge as a % of rent? That seems nuts, I would imagine landlords hate that.

If not % of rent then I can't understand why the company would want rents to be higher across the board.



I built software for this industry (not at realpage) for 10+ years and can explain why price compliance is a big deal.

The reason is that there is a fundamental principal vs. agent problem in the fee-based property management industry.

Usually an investor buys a building and then hires a separate corporation called a fee-based property management company to manage the property. The management company gets to keep 8-10% of the rents that come in exchange for doing all the management work. (there are situations where the owner and the manager are the same corporation but they are less common and are called owner-operators)

The fee-based management company and the building owner have different interests. The building owner wants to maximize net operating income, which usually means maximizing revenue. The fee based manager wants to maximize their earnings, which is the 8-10% of the rents minus paying for all the management work to happen.

On first glance you might think these are similar interests, but when it comes to choosing the price they are not the same. If a rental price is optimal, it takes a bit of work to rent it out. The housing unit will sit on the market for a little bit and be shown to a lot of people before you find someone willing to pay the price. If, on the other hand, the price is 10% below the optimal price, it will take very little work to rent out and will be taken by the first person who comes to look at it. In this case "little work" means the management company can save money by paying fewer staff members.

So, property owners want optimal prices and property managers want prices that are slightly lower than that.

Revenue management algorithm compliance is a solution to this principal agent problem. The building owner insists on it being used by the management company because he doesnt trust the management company to choose prices. He doesnt trust the management company to choose the price because they are motivated to lower the price in order to reduce their workload.

High price algorithm compliance is important to realpage because it is how the owner makes sure the manager is choosing prices that maximize the owners interests, rather than the management company's interest. And the owner is the person who chooses to enforce the pricing algorithm, and thus the true customer of realpage when it comes to revenue management algorithms.



> the owner is the person who chooses to enforce the pricing algorithm

Very interesting - I can't find anything about this on their website, but assuming that is the case I feel like this is the only explanation so far in this thread that makes sense. Other explanations in this thread (marketing, optimizing for all the customers) fall short to me because (as far as I can tell) there is no reward / punishment mechanism.

This is not to say that the effect isn't the same though, driving prices up. And the other quotes from internal documents certainly hint that there might have been some awareness of this as well.



To the best of my understanding I think the technology does drive up prices, but not in an anticompetitive way. I know people get really passionate about this, so I don't want to argue with people on hacker news about it, but to the best of my understanding this is what is happening:

Rental prices in the USA keep going up primarily due to a housing shortage.

Revenue optimization algorithms like realpage's do genuinely increase rents by about 2-5%, because without them fee-based property managers lower rents below market-clearing price in order to make it easier on themselves.

The increased rent that comes from using these algorithms is, in my opinion, not really anti-competitive. If you only used public information for the pricing algorithm, you'd get largely the same prices out of the system. In almost all rental markets, algorithmic pricing of any sort doesn't have high enough market share to see success by anticompetitive price-fixing, since most suppliers of housing don't use it.

Apartment rents are crazy high because there simply isnt enough housing, and we dont let people build enough dense housing near jobs. Going after Realpage, or blackrock, or landlords, or AirBnB is just trying to find a scapegoat, when the hard truth is we need to let people build more housing near where the jobs are.



do we know roughly how common use of this or similar technologies are in various markets?

I was under the impression this was quite common, though I have no evidence and would love to be shown otherwise!



This definitely requires some citations. There is no evidence that you are presenting that supports the 2-5% claim. I don’t think you are fully understanding the impact of price collusion or the suit presented here. The DOJ very clearly thinks this is anticompetitive.



TBF your contention that the impact of price collusion also requires citations. And the DOJ has thought a lot of things, however their track record in court has been not exactly been stellar so I'm not sure how much of a signal that is.

I suppose only time will tell.



False, you are wrong.

Corporate landlords use RealPage in Austin, Minneapolis yet rents fall there because of supply of new housing.

RealPage does impact rental prices, but only marginally, and the real impact to prices is from supply constraint + demand.

If there is enough supply, any realpage algorithm wont matter much because of market forces. Market forces trump everything



> Market forces trump everything

Unless a certain company interferes with market forces — aka the whole purpose of this lawsuit.

If you need a place to live, what’re you going to do, be homeless? They have enough of the market in some cities to impact the market in a way that distorts the prices for everyone. Market forces cannot operate when companies act anticompetitively



I agree that realpage is the villain here, but let's not distract from the real problem.

even if realpage disappears overnight, rent prices wont fall because the new construction is outlawed by the NIMBYs.

fix new construction via zoning reform if you want to actually help people



An anecdote does not prove that RealPage doesn’t have a greater impact in other markets… That’s just not how logic works. You also fail to consider that rents may have fallen further if RealPage was not in use.



Supply will never exceed demand by very much because unlike a chair it's a very expensive good to sit on for long. Nobody profits by "overbuilding" so they won't do it nor defect on pricing given a collective target which benefits all owners.

People aren't pool balls bouncing around on a table they are fully capable of serving their interests.

Its weird to argue against the obvious conclusion that price fixing increases price



Honestly the strongest argument I've heard that these algorithms are anticompetitive is "The DoJ thinks they are". So maybe there's some non-public information of anticompetitive behavior.

We don't know how many housing units use Realpage pricing algorithms in 2024, but in 2017 when Realpage bought the tech, it was being used in 1.5 million rentals (https://www.realpage.com/news/realpage-to-acquire-lease-rent...) and there were 43 million rentals in the US, which means nationally they had less than 4% marketshare.

Obviously, cartel behavior (raising prices above market) does not work if you have 4% of the market. Perhaps their sales have gone up 20X in 7 years and they have enough market power for cartel behavior (doubtful)? Perhaps they have a low marketshare nationally, but they have a high marketshare in a few specific markets? Maybe, lets see what the DoJ says.



From the press release: "The complaint separately alleges that RealPage has unlawfully maintained its monopoly over commercial revenue management software for multi-family dwellings in the United States, in which RealPage commands approximately 80% market share."



... yeah that's pretty much all of them minus some mom and pops who manage themselves. And from personal experience those mom and pops are selling out to management companies now so a whole neighborhood of single family rentals might be actually controlled by just one or two companies.



That’s seems like an odd anti-competitive complaint considering the customer has the option to not use such software at all?

It’s like complaining about a monopoly on lawn mowing. Owners can always choose to mow their own lawns if they don’t like the cost of hiring it out.



Yeah, but listen brother. Do you want housing prices to be lower or higher? Do you want rents to be lower or higher? Which is best for you? What is best for the country? Your experience is really valuable in the context of what this action is meant to address, which is a potentially irreconcilable political interest in low rents for all, high prices for some, low prices for others, which could be achieved many ways.



IMO, because that way they can claim to landlords they get target ocupancy rates with the higher price; if one landlord in the area knows the price others get, he could try to get higher occupancy rate by lowering his price, aka "competition", by requiring "compliance" to RealPage prices, they are effectively coordinating and price fixing the market, which is the ilegal part. After all, landlords could see regular posing on other channels and adjust their prices in the "normal" way.



They need landlords to stick to the numbers they pass on, in order that those numbers remain valuable to all of their other landlord clients.

Suppose that you're a big landlord in some area, such that your submitted prices can affect rents for that property type across the area. You might be tempted to submit high prices, wait for your competitors to follow suit, and then reduce your actual rents to undercut them. They (the competitors) naturally wouldn't be happy with this. So RealPage has to be able to show people that they know their numbers are the actual ones.



RealPage's customers are landlords who want to maximize their rent prices. If some landlords look at the data and offer lower prices, that takes business away from the rest of RealPage's customers-- it makes RealPage less valuable for landlords and makes buying into RealPage essentially paying to give up valuable data that other landlords will use against you.

Forcing compliance ensures all of RealPage's customers get to raise their rents while retaining their renters, which means landlords are making a safe bet when using RealPage-- and the only downside is real people paying higher rent.



I don't know about RealPage in particular. But the dynamics could be similar to (or an example of) a cartel.

Cartels generally don't tolerate a cartel member undercutting their prices. Cartels are effectively in a prisoner's dilemma situation:

* If no one defects (i.e. everyone sticks to the cartel price), the cartel members get the highest price, and get the most profits. * If one party defects and goes slightly below the cartel price, while everyone else stays loyal to the cartel pricing, the defecting party gets the most business at a price only slightly below the cartel price, and makes lots of profit. * If all parties defect, there is no cartel any more, and profits are reduced.

So cartel members do not want other cartel members to defect. Cartel organisers get paid because the value of the cartel is only there if defection (i.e. not sticking to the cartel price) is controlled - so it is also in the interest of the organisers to prevent this.



Compliance was important because the product (RealPage's AIRM nee YieldStar) works by holding prices higher for longer than the average manager would. The RealPage pricing software is eye-watering expensive and can only be justified if it results in significantly higher revenue.



The classic way that businesses openly coordinate their pricing is via price matching. Businesses advertise their preferred prices but also promise that they'll match lower prices from competitors. Competitors see these advertisements and set their own prices to approximately match.

The FTC does not consider this type of open signaling to be price fixing:

> Q: Our company monitors competitors' ads, and we sometimes offer to match special discounts or sales incentives for consumers. Is this a problem?

> A: No. Matching competitors' pricing may be good business, and occurs often in highly competitive markets. Each company is free to set its own prices, and it may charge the same price as its competitors as long as the decision was not based on any agreement or coordination with a competitor.

Source: https://www.ftc.gov/advice-guidance/competition-guidance/gui...



Price matching was something that really worked in the past, again in the days before mass digitization and cheap storage/printing. Add in there are only a few major retailers left, it becomes easy to make a product for each of them.

CostCow will have product 0ICU812a

WalWart will have product 0ICU812b

Then they don't have to actually price match because they are "different products"



Online stores seem to match prices; when I google for some electronic equipment (like headphones or MIDI controllers), many stores have almost equal prices for the same item. Of course there is a chance that all they are owned by the same entity, but it is not very plausible.



that's not really price fixing in so much that price matching in this manner is known to lead to a race to the bottom.

this is very different from, "leasing agent, set this high price or get fired by your employer."



The rub is that if store and store b got together and negotiated a price they would stick to and not try to undercut each other, that's price fixing, and that is what realpage is doing on a MASSIVE scale.

'Cartel/Corporate' owners own ~70% of the units in Seattle. 11 total companies (big names you should know like gray star and equity residential), to the one they all use realpage. That's 70% of the market price fixed, MINIMUM.



Before your second paragraph: I Googled about it and found this ProPublica story: https://www.propublica.org/article/yieldstar-rent-increase-r...

The exact quote:

    > In one neighborhood in Seattle, ProPublica found, 70% of apartments were overseen by just 10 property managers, every single one of which used pricing software sold by RealPage.
To be clear, that is "one neighborhood" in Seattle. Your second paragraph makes it seem like all of Seattle. To be clear, in neighborhoods with lots of new high rise buildings, this pattern seems normal to me: About 10 companies (or less) do most of the property management.


That neighborhood is the neighborhood amazon is in South Lake Union. But as far as I can tell every corporate building in town uses them which is a wild amount of buildings.



I think you're over analyzing and confusing things. Price fixing is when competitors work together to raise prices above what they would normally be in a competitive market.

Using your gas station example, a gas station isn't going to look at a competitor selling gas at $4.15 and decide to raise their price to $4.45. They would lower their price to match the competition, otherwise they'd lose sales and make less money. Price fixing would be if both gas stations decided to raise their price to $4.45 at the same time so that customers don't have a choice.



>, a gas station isn't going to look at a competitor selling gas at $4.15 and decide to raise their price to $4.45. They would lower their price to match the competition, otherwise they'd lose sales and make less money.

But the airlines are also doing the opposite of your scenario: they also raise prices instead of lower them via legal "price signaling" via publicized fares[1] in the global reservations system.

Competitors can converge on a higher price instead of a lower price. It's not just one direction. They just need to do it via public price signaling to stay out of legal trouble.

In 2022, Apple Music raised their subscription from $9.99 to $10.99. Spotify then followed them and also raised their price to $10.99. By 2023, they both converged on $10.99. I think right now in 2024, Spotify is $1 higher at $11.99. Nobody should be surprised if Apple Music also raises its to $11.99.

[1] https://www.google.com/search?q=It+is+now+common+for+an+airl....



This is oligopoly. If there are less than four major players, price competition seems to stop. There's a EU study on this, which I've referenced before. More than four, and someone will drop their price to $8.99, grow their market share, and make more money. When the number of competitors is very small, and you already have major market share, it's very hard to grow market share by lowering prices. So price competition stops.

It doesn't take collusion. It's a result of size alone.



> Competitors can converge on a higher price instead of a lower price. It's not just one direction. They just need to do it via public price signaling to stay out of legal trouble.

I don't understand what you're saying. Are you saying that companies are colluding, but not really because the prices are public? Most prices are public, just walk into any supermarket or open Amazon.com and you'll see public prices. If a company bases their price on a competitor's price, that's not collusion, that's just a pricing strategy. If a company is able to price a product above their competitors and still succeed (e.g. by investing more in marketing), that's legal too.

> In 2022, Apple Music raised their subscription from $9.99 to $10.99. Spotify then followed them and also raised their price to $10.99. By 2023, they both converged on $10.99. I think right now in 2024, Spotify is $1 higher at $11.99. Nobody should be surprised if Apple Music also raises its to $11.99.

Streaming is not an example of a healthy market IMO. I don't know the economics of it all, but I know all the streaming services need to pay the same record labels. Whatever is going on there, it's weird that they all cost the same. I currently pay $10.99/month for Tidal, which is the same exact price as most other services. I wouldn't be surprised if there was collusion going on there, maybe even something like RealPage behind the scenes. There's also the factor of Apple and Google's monopolies over apps, and I wonder if undercutting Apple/Youtube is bad for business.

> But the airlines are also doing the opposite of your scenario: they also raise prices instead of lower them via legal "price signaling" via publicized fares[1] in the global reservations system.

The link you posted seems to be a google search page? Not sure what you meant by that.



> If a company is able to price a product above their competitors and still succeed (e.g. by investing more in marketing), that's legal too.

Yes, but it also runs counter to the idea that free markets tend to drive prices down through competition. In reality, 1 of 2 things happens:

a) companies try to differentiate their products enough to not be direct competitors (e.g. exclusive content on streaming platforms, or platform lock-in), and both/all charge more

b) one company buys the other to kill their competition

No one actually lowers their prices to compete anymore, because we abandoned enforcing anti-trust and anti-monopoly laws decades ago.



No, your time horizon is too short. Prices go up in the short term, which increases profits, which incentivizes competition, which brings prices down in the long term. A few years of increased prices is worth increased efficiency over decades. Prices are going in most industries, US markets are generally quite competitive.



Increasing profits often doesn't incentivize competition, especially when barriers to entry are high. Instead, it decreases competition by giving existing corporations even more money and power to use against newcomers. Look at what happened to Bandcamp: bought up by a music licensing company and gutted.



> which increases profits, which incentivizes competition

This is a fantasy. Give two examples of major markets where competition has increased recently.

The US economy has grown what, 4 times since 1990’s but the number of registered companies has fallen by half.



Does the sheer number of companies correlate with competition?

I can imagine simple hypotheticals like:

A. Two companies that compete with one another in each of markets 1, 2, and 3.

B. Three companies, each with a monopoly on a single market.

I know nothing.



Increasing profits just enables attacking competitors in other ways than via product competition. The narrative that profits get turned into RnD instead of executive bonuses and stock buybacks or acquisitions is a Econ 101 fantasy.

In the real world, Cisco, Meta, Amazon, and Microsoft don't make better products to win, they just buy Splunk, Insta, Whole Foods, and Bethesda.



Sorry, but that is nonsense and I have no idea what point you're trying to make. You're saying that competition doesn't drive down prices by giving two examples of how companies avoid competition.



> You're saying that competition doesn't drive down prices by giving two examples of how companies avoid competition.

The point is that the intuitive wisdom that free market competition lowers prices of goods is not now, nor has it ever been the truism that it's postured as, because the businesses within that market have a huge selection of tools and strategies at their disposal to avoid direct competition.

And this makes sense. Why in the world would you subject your business to the unmediated competition of a free market? Yeah, it's totally possible for you to create a product so innately better that you own the market by virtue of that, but that's like... hard. It's way easier to create brand-lock-in to incentivize your existing customers to stay in your "ecosystem," or to create an innovative unique feature and patent it so your competition can't use it, or use snobby/elitist marketing to make your product more enticing to people who seek status, or shit, go the other way, make it humble and down to earth, and appeal to a sense of "genuineness," or tie yourself to patriotism and put flags all over your product, whatever it might be. There's tons of ways you can make people want your thing that have fuck-all to do with the thing.

I think this is a serious fault in how pro-free-market people tend to think, which is this constant positioning of people as rational actors who will choose the best product for their needs, and it's utter nonsense. People buy stuff for stupid reasons constantly.



> They would lower their price to match the competition, otherwise they'd lose sales and make less money.

- they could also see their competitor raise their price to from $4.00 to $4.15 (for whatever reason) and decide that they can raise their price as well without losing customers.



They can do both things, and both things are described by Edgeworth Price Cycles[0].

In gas prices, there's undercutting to draw business -- which seems natural in a free market. That's often smaller, local players who drive this stage, pricing things just below the nearby competition, but players of all sizes are involved.

But sometimes, the price jumps up -- often by a significant margin, and across the board. This is often at the behest of a big player; when company like Exxon Mobil seemingly-arbitrarily raises gas prices in an area, it tends to set a trend. The smaller players tend to raise prices in accordance with this higher baseline and are happy to see the financial relief.

This may seem counterintuitive in a competitive market, but it does happen anyway. And it's all temporary and cyclical, as we've all seen over and over again. Free markets aren't necessarily stable systems that are free of resonance.

[0]: https://en.wikipedia.org/wiki/Edgeworth_price_cycle



I don't have a source for this, so take it as you wish, but as I remember what I read, duopolies can be quite stable. Three party cartels can go either way.

But with 4 or more participants, someone will inevitably betray the others out of greed.



The analogy also works in the opposite direction. If a gas station is selling at $4.10 a gallon and another down the street is selling at $4.15, the first gas station could happily up their price to $4.14. 1% more revenue and they're still the cheapest on the block.



The theory is correct, but the example is not the best: petrol prices are not as elastic as you'd think.

If I need to make a left turn across traffic or go around the block I'm not topping off at a station just for 5 cents/gal. (Tho, I might make a mental note & use that station when I'm coming down the other way, when it's easy to in & out.)

Los Angeles in particular is crazy. We have the equivalent to micro-climates with fuel prices. Stations a half mile apart can be 30¢ different. Stations a town apart can be 70–80¢ different.

And there are a couple of stations in Beverly Hills adjacent that are ~$2.50 more than the going rate (no surprise there, tho).



Competitive markets keep things within a tolerance, imo. If the average is $4.10 then you can expect the price to vary up and down by some amount depending on location and other things provided.

What RealPage does is distinct because it assures prices are always above and by orders of magnitude what they should be. It also achieves that through private communication which I think is generally accepted as a problem.



I think one thing that's weird to me is that Shell and Exxon or 76 or whatever all somehow got their gas to be somewhere in the same ballpark. You'd expect to see that some gas companies can't get their shit together and can't figure out how to extract, purify, and distribute gas at anything less than $500 per gallon. Now, naturally you'd expect those companies to just go out of business. And you'd also expect to see at least one that figures out how to do all of that for $1 per gallon. Yet, here they all are, selling it around the same price. It's too strange in my opinion. There is collusion happening in many markets. I suspect they are all producing it for way less which is why one of them doesn't suddenly go out of business, but the fact that they're not selling it so low that the competitors simply go out of business - again a collusion signal.



Many do go out of business, and many substantially undercut others. This is particularly true for the diesel market, where OTR truck operators are more price sensitive. Most stations are buying gas around similar prices at the terminal, but their overhead to provide the station can vary wildly between large chains and small, family owned stations.

“Skimmers” (drastically lower-priced diesel stations) are a real threat to larger chain stations. They don’t put them out of business entirely for a number of reasons, but one is because gas stations ultimately sell more than gas/diesel (e.g. a clean bathroom is often worth a few extra cents per gallon for me, but there’s a lot more than that too). Also any given station can’t sell an infinite amount of fuel. Beyond tank capacity, wait times are a real impact on sales volume, and so if a station offers a price too low (even if still profitable), it is just leaving money on the table.

So not to say collusion doesn’t happen, but one can also arrive at similar pricing with a commodity like gas without it. Especially since fuel margins are typically low.



They are all selling the same gas from the same refinery. They might have slightly different additives but otherwise it all comes from the same place. you can't afford shipping costs to get gass from a different refinery (unless you are on a territory border)

the only question is how much profit to put on top and even then they have to be careful as if they go too low their competetors won't follow and then they have to pay extra for an unscheuled delivery just to fill their tank.

i'm reasonable certian that small stations are illegally colluding in some cases.



Price fixing would be if both gas stations decided to raise their price to $4.45 at the same time so that customers don't have a choice.

Which was the case in this instance. RealPage required subscribers to use their price suggestion some percentage of the time or they'd risk losing their subscription.



Recently in used car shopping i've found KBB only gets used when they are pricing trade ins but the cars for sale on the lot have been much higher than the book value and they scoff when you ask them to come down to the KBB used car value that matches, no wonder so many car lots are closing shop.



Many listings for apartments are on on-site.com (which is "a RealPage company") and are publicly available...

So it could be argued it's not

"private prices" + "autoaccept" + "compliance"

But rather

"public prices" + "autoaccept" + "compliance"

Still problematic behavior (and probably add "private knowledge of inventory forecast" on top of that), but I'd argue price signaling of the available inventory isn't the main issue.



There is more than just pricing at question here. If you go to your typical local gas station with a 5000 gallon tank and fill up the station will raise their prices above the other stations in the area because they will only have a small amount of gas in their tanks and so they want everyone to go elsewhere until the next delivery fills the tanks up again. (depending on when you fill up the station may not even have 5000 gallons in their tanks.) How much tank is left at any station is NOT public information shared with other stations in the area.

RealPage though has information on how many apartments are empty and uses that in algorithms even though it isn't public information.



>are publicly available

The list price is different than the final accepted monthly rate\term for the renter. Realpage is getting the actual rental information.

In addition, the occupancy of the building is also not public data.



>So it could be argued it's not "private prices"

I added "private prices" as one of the factors because the official DOJ wording in the complaint mentions "nonpublic/confidential/sensitive" prices in 3 different places:

>The complaint alleges that RealPage contracts with competing landlords who agree to share with RealPage nonpublic, competitively sensitive information about their apartment rental rates

>“We allege that RealPage’s pricing algorithm enables landlords to share confidential, competitively sensitive information and align their rents.

>Landlords agree to share their competitively sensitive data with RealPage in return for pricing recommendations and decisions that are the result of combining and analyzing competitors’ sensitive data. *



I don’t think they’re talking about the price they’re renting the apartment for; I can’t imagine that number is secret in any meaningful sense of the word. Who rents an apartment without knowing the price?

I think they’re talking about more sensitive internal numbers. What are the costs and margins on the unit? How quickly are units moving at a certain price? What’s the turnover at particular prices?

I think the core mechanics bear some similarities to insider trading, with a third party “washing” the non-public information.



Another big one is when do the leases end for inventory control. RealPage is why Apartment dwellers report getting options to renew at cheapest price for odd number of months like 17. Realpage is trying to prevent a bunch of leases ending and flooding the market.



> I think they’re talking about more sensitive internal numbers. What are the costs and margins on the unit? How quickly are units moving at a certain price? What’s the turnover at particular prices?

Yeah that's my understanding of it too "competing landlords who agree to share with RealPage nonpublic, competitively sensitive information about their apartment rental rates and other lease terms".

I.e. realPage has an oracle view of all the lease ending times etc, so it knows for instance, this next July there's going to be very few availability, so boost all the rents by X%

I guess there's a "private price" if the apartment complex share what, after all negotiations, the renter ended up signing for. It can be more than what was on the public website, if they ended up signing for a shorter lease, or less if the apartment ended up needing to throw in "first month free" etc.

There's also private price of lease renewals done before the unit is put for rent on the website.



The Blue Book is a great example because the number is so often discarded in almost all sales.

Another example would be stock trading apps, especially ones that give you forecasts and estimates as to when to buy and sell.



I think the major differentiator here is that in the examples provided, everyone has access ( even if it is for a price ). When it comes of equifac work number or realpage data, it seems to be available to only a subset of population, which is problematic. I want to know what a given corporation is paying.



I am very curious how this will play out.

On one hand, I have seen it first hand here in Orlando that EVERY apartment complex uses the same software, all of them. At the same time, rent has gone up 300% in 10 years, or around 10% per year.

FTA it states that it was the fact that they all shared all their pricing and inventory data with RealPage, which then determined the price using algorithms and therefore rental properties weren't competing against one another. When to me, there are simply no spare apartments, I've seen some complexes down to 1-2 units by the end of July.

Lots of systems using competitors data and algorithms to price items, so was it simply the fact that too many people used RealPage, what if nearby properties didn't use RealPage and the rents went up anyway?

I am not sure if this is price fixing, I don't know any landlords that use it, every home I've rented was with someone who owned 1-2 extra properties and just used Zillow or Craigslist.

That being said, I price my rental properties against what similar square footage gets at nearby apartments... Sooo if they are going up my rent is going up as well, and I bet most landlords do this.

So we've ended up accidentally price fixing the market I guess? I think it really depends on the internal communication and what they sold to landlords.



Housing is pretty inelastic. I think people are just willing to suffer financially to avoid the fate of homelessness. Just because there aren't vacancies anywhere doesn't mean that the price is fully justified, because housing will take priority over groceries for a lot of people.



Housing supply is inelastic due to the time it takes to permit and built.

Housing demand is more elastic than you suspect. People have income on a curve, and at a certain point of price/quality will move further out and commute or move to a lower cost of living city entirely.



I can't read the article because of the paywall, but Kalamazoo is unique due to the Kalamazoo Promise, where college tuition (in the state of MI) is paid for if you attend Kalamazoo Public Schools. For me that was $60k of tuition I didn't have to take out loans for. Housing/grocery prices have gone up there but not nearly as dramatically as other places.



> People have income on a curve, and at a certain point of price/quality will move further out and commute or move to a lower cost of living city entirely.

This doesn't describe the major renter class who has few workable options to choose from. They take whatever they can get.

Once they manage a place to live, they're likely trapped there because they don't have a wad of cash on hand (required to move).

That's average renter difficulty. It can get far worse.

In 2021, the few rentals available here got 400 applications/day. We beat out 50 applicants for one that was advertised for 2 hours (offered 6mos up front).

We beat long odds and barely avoided homelessness (even tho we had good employment history + money in the bank).

Many, many others were less lucky. Every rent-by-the-week hotel filled up, typically with people exhausting their savings.



People also start to take on roommates or become roommates. People in general want a place of their own. However as rent goes up they will start to be willing to rent the upper bunk in a bedroom, and people who do have a place to live start to become willing to rent out part of their bedroom just to afford the rent. For most this is the last option they will take (homeless might be better if they can find a place to sleep the night outside)



Meanwhile, I know many people in NYC who spend ~60% of their post-tax income on rented housing.

Nobody is happy about it or thinks it's a good idea, but living further out is not perceived as a legitimate option because of the fear of being severed either socially or career-wise.

Whether that's a rational fear or not, it's a reality that allows housing prices to outpace wage gains every year. As somebody who used to think housing demand is fairly elastic: housing demand is much less elastic than you'd suspect.



Housing can be very elastic. Humans can be very adaptive to compromises in living space requirements to fulfill the basic needs.

Part of the problem is that the lower end of potential inventory (pod apartments/SRO/etc) are essentially illegal in this country. So the barriers to entry make it seem much more inelastic.



I think the major difference is price is set at the margin, so only the marginal renter has to use the software in order to move the market. Since rental owners, like wealth, exist on a power law curve large numbers of properties are owned by very few people. I.e. it is possible for both the average landlord to not be using the software but the average property is owned by a landlord who is.

The other thing is that normally there is an advantage to breaking the collusion which is what generally prevents them. AFAIK the software is capable of punishing people who break from the suggested price so this pushes the cost of maintaining the collusion onto the participants who have to put up with vacancies for longer than they would otherwise.

So in my view you can have an implicit collusion, or a collusion in effect even without an explicit collusion and with most of the participants not participating in it.

I also think this is one of the most important points of contention of our time. Our ponzi economy requires extracting monopolistic rents which is absolutely crushing the middle class and younger people. When I last visited SF downtown was a ghost town with many of the businesses that survived Covid being driven out by high rents - it appears that rental collusion has already been more damaging than a global pandemic.



> I've seen some complexes down to 1-2 units by the end of July.

And you're sure the building is actually occupied and the units haven't been strategically taken off the market?

> I am not sure if this is price fixing,

It is on RealPage's part. It's their stated _intention_. Whether cases should open against landlords who used it, I agree, I'm not sure, but it _is_ clear that RealPage broke the law here.

> I think it really depends on the internal communication and what they sold to landlords.

The real question is "does realpage charge landlords for it's service?"



Lots of people want to blame rising prices on price fixing, when there really is growing demand without commensurate increases of supply. They want a silver bullet to bring down prices, without tackling the underlying problems.

> That being said, I price my rental properties against what similar square footage gets at nearby apartments... Sooo if they are going up my rent is going up as well, and I bet most landlords do this.

This is essentially what RealPage does. It just automates calculating "what similar square footage gets at nearby apartments". It probably does other stuff like puts a premium on corner units or those with south facing windows.



I agree that the underlying issue is a lack of supply. However, if a landlord is commanding a 30% profit margin on a non-luxury apartment then I think they are contributing to the problem (to be clear, I'm not insinuating anyone in this thread is doing this). I think the only objective way to tell if it's priced too high is by the profit margin, but of course even that can be inflated if e.g. a developer took a huge margin on it before selling it to a new owner.

As to what an "ethical and not terrible for society" profit margin would be is above my pay grade, but I would estimate 15%. It also probably depends on how easily you can make money on the stock market as well.



You know what gets developers excited about building? Someone getting consistent 30% profit margins.

Now, government just has to get out of the way and let housing be built.



> However, if a landlord is commanding a 30% profit margin

Landlords of properties paying 7%+ interest have negative profit margin and can't compete with 2-3% interest rates.

By some landlords having a 30% profit margin, other landlords can have a positive ROI (increasing rental supply)



Landlords also aren’t businesses. They’re a class of parasitic rentiers who siphon off wealth from economic activity around them and use corrupt means to prevent competition (mostly bribing politicians to constrain supply).



> Lots of people want to blame rising prices on price fixing, when there really is growing demand without commensurate increases of supply. They want a silver bullet to bring down prices, without tackling the underlying problems.

Yup. The underlying problem is a single word: supply.

Build more supply, the prices come down. But of course, developers know that. They don't want the prices to come down, so they don't build supply.



Developers don't build supply because most US cities have made it de facto illegal to do so.

For the most extreme case, check out San Francisco, where as of June the city had permitted a grand total of 16 housing units. What developer is even going to bother trying under conditions like that?



How many of those non-vacancies are corporate held air-bnbs where they can make more money for providing almost no service? Hint: it's not a handful. Landlords strategicly take units off the market in ways like airbnb to convince cities that their rents (and profits) are just.



What you are doing is just good business. You are not implicitly or explicitly colluding with other property owners to set you prices. You are simply doing market research based on publicly available data and making an independent decision.

Contrast this with a cartel that includes a significant number of landlords in your city (i.e. way more than just a couple of your buddies) that (1) shares non public info such as current occupancy rates, current lease terms and durations, etc., (2) sets prices as a bloc, and (3) enforces compliance on pricing targets.

It’s qualitatively different from how you described your situation.



    > rent has gone up 300% in 10 years, or around 10% per year
From an outsider's view, this is a huge failure of local planners. That said, Orlando is a huge city with a population 2.5 million. I find it hard to believe that your statement applies to the entire city. Rents rising 10% per year (incredibly, really) is surely the sign of a hot/hip neighborhood where planning is way behind demand.

In most places (middle class and below), it is hard to raise rent faster than inflation because the renter's income is the primary limiting factor. If their income does not rise fast enough, they will move away. If the area is not "premium" (attracts upper middle class and above), eventually units will sit empty for a long time, and rents will fall.



Yeah, there's nothing inherently wrong with algorithmic pricing. Issues would start to occur if the pricing was actively manipulated and RealPage was used by so many landlords in some geographic areas that competition broke down. That may be hard to prove.



The pricing is manipulated though. If you’re part of RealPage, it will “recommend” the prices to set for your apartments, except you as the landlord are only allowed to disagree a small % of the time, or else you can get kicked out from the apartment mafia.

So to keep their customers happy, RealPage will configure it to keep increasing prices, and it’s not really in any landlords’ interest to disagree.

I live in a building managed by a group that uses RealPage. They keep increasing prices and say “Computer says this is $X, can’t do anything, sorry”.



A relevant excerpt from the complaint:

> RealPage-defined submarkets identified in Appendix A are relevant markets in which the agreements between RealPage and AIRM and YieldStar users to align pricing has harmed, or is likely to harm, competition and thus renters. In each of these markets, the penetration rate for at least (i) AIRM and YieldStar, or (ii) AIRM, YieldStar, and OneSite ranges from at or around 29% to more than 60%.10



So I worked for RealPage for a few years in the late 90s and again in the mid 2000s, and at the time they didn’t hold a majority of the market. But it would not surprise me now if they held a majority of the market in large complexes today. At the time they were growing mostly by acquisition of competitors.



The Justice Department is being soft on corporate crime here. This is a willful Sherman Act violation. The Sherman Act has criminal penalties, but Justice is only filing a civil case. All that the complaint asks for is an injunction and costs. There's no disgorgement. No breakup of large landlords. No shutdown of RealPage.

This is worth publicizing during election season. Rents are going up due to collusion.



There are criminal antitrust cases[1], but they are hard to win. From "Why Does the Antitrust Division Keep Losing Criminal Trials?"[2]:

> Even in the best of circumstances, prosecuting criminal antitrust cases can be challenging. They require a deep understanding of a particular market and proof beyond a reasonable doubt that the defendants entered into an illegal agreement. His- torically, the Division relied on multiple witnesses to testify that an agreement, or “meeting of the minds,” existed. There is often a thin line between lawful information-gathering and unlawful price-fixing, making it difficult for jurors to understand what, exactly, constitutes criminal conduct. One former Antitrust Division attorney went so far as to say that juries “don’t like to convict in antitrust cases” because they view violations as “technical.” Another recalled seeing jurors appear shocked when they learned during trial testimony that an antitrust conviction carries a maximum sentence of 10 years in federal prison. An attorney who interviewed jurors after one trial said that some jurors expressed anger that the Division was expending resources to prosecute these cases at all.

[1] https://www.justice.gov/atr/criminal-enforcement-fine-and-ja...

[2] https://www.americanbar.org/content/dam/aba/publications/ant...



That's a great article. Most of the problems mentioned don't apply to landlord price-fixing. That's an issue jurors can understand. There's a large class of identifiable victims. The collusion is easy to show.



It feels like antitrust law needs an update now that we have computers that let us move the collusion one degree away fairly easily. It's still price fixing even if you don't know the names of the parties you're collaborating with.



Algorithmic pricing that learns to tacitly collude is a hot area of study in computer science and economics. For example, if you train simple online learning algorithms to adjust prices, sometimes they can learn to keep prices high or to take turns winning customers, rather than just competing. People have found some empirical evidence of this on platforms like Amazon where a lot of small sellers use pricing bots.

However, it seems this is a more of a hybrid situation. A big part of the complaint is just all these incriminating emails and documents where RealPage appears to be coaching landlords to avoid lowering rents or giving concessions, independent of the software.

At the same time, there was an algorithmic component, which the customers appreciated: “I always liked this product because your algorithm uses proprietary data from other subscribers to suggest rents and term. That’s classic price fixing...”



This gets into prisoner's dilemma though. If everyone but me is using the price fixing app, I have a strong incentive to undercut them, even by just a few dollars. So without a cartel-like enforcement mechanism, there is no reason it wouldn't just fall apart naturally in the long run.

In the complaint there was a mention of "compliance" which could get into that piece though.



I think you’re presuming elastic supply, where you can make up the lost profit from undercutting by selling more units.

Real estate supply isn’t very elastic, and demand already outpaces supply. Your units will likely get rented, as long as you aren’t in the top 0.1% of prices.

Therefore your incentive is to maximize profit per unit since you can’t move more units. Your incentive is to also join in on price fixing, because it’s the only way to make more money.

Supply outpacing demand would cause this to dissolve, as landlords actually have to compete for tenants and the highest priced landlords have empty apartments.



For the landlord units is elastic. If you have many units you can always not rent out a few, in fact you should always have a few units that you are remodeling and thus cannot rent out.

In general as a large landlord should have around 10% of units not rented, if you have more than that rented you should raise your rates until people go elsewhere thus bringing you down to 10%, while if you have less than 10% lower your rates until people start renting from you. Different landlords have different numbers, but 10% is a good starting place. 100 units at $900/month = 90,000, 90 units at $1000/month = $90,000, but you have a few units free in case someone desperate is willing to pay $1100/month (and of course you can remodel one of those empty units thus making it more desirable)



Just a note on vacancy targets, I worked for a MF REIT (~33k units) and pre-YieldStar their average target occupancy was around 97% for properties. After YieldStar was implemented the average dropped to more like 95%. As far as I'm aware, the other large managers also targeted the mid-to-high 90s.



90% is actually quite healthy. If all housing was always full, there is no slack in the system. We should always have some overcapacity in the housing market, just like we do for hospital beds, food, water, etc. If you're always buying the last loaf of bread at the grocery store, that means others don't get bread when they want to buy it.



Supply was probably a poor term because it’s overloaded; I probably should have said stock. They cannot easily scale their stock of housing, so they can’t make up for lower profit with volume the way a grocery store or something might.



Right, assuming there’s more supply than demand. In markets with low vacancy rates like Manhattan, landlords get away with murder (terrible maintenance, making renters pay for gatekeeping rental agents, high rent despite being shitholes, etc). In markets with higher vacancy rates, prices tend to be a lot more reasonable, and units tend to be somewhat better maintained, because they don’t have the same pricing power, and if they’re too bad, they won’t be rented unless they’re extremely cheap.



If your rental is $2400, and it sits on the market for 2 months, you lost potentially lost $4800. It would take a huge rent increase to justify that.

It's one thing if the software is helping landlords jack up prices to the market rate. It's quite another to convince them to collude against their best interests.



It is a different unit every month though as renters are moving out all the time. This isn't about 1 unit that is empty or not. It is about 100+ units where it can be 89,90, or 91 empty - if the other units that are not rented pay enough higher rent because the empty is not on the market you are better off.



They don't share how many seats are left publicly, but fare changes are shared real time in a platform that distributes them. And there's quite a lot of website scraping that goes on that mostly skirts around "how many seats are left".



there is concern about tacit collusion if all the airlines start using the same pricing algorithms based on the same historical data. it doesn't even take a very smart pricing strategy for them to naturally learn to collude with each other.

However I would guess you will never have an email from an airline CEO that says "I really like this product...That's classic price fixing"



Good.

There are two new aspects to RealPage in terms of being anticompetitive:

1. Using information from one customer to help set prices for other customers. Once you hit a certain market percentage, this effectively allows you to set prices; and

2. If everyone uses the same software that spits out the same results then this is effectively collusion even if it's not actual collusion, as in the trope of dark, shadowy figures meeting in a cigar-filled room.

Every aspect of our life is getting financialized as companies seek to extract every dollar from us. You see it with PE buying up vet clinics en masse for example. If you've wondered why your vet bills have gotten so expensive, that's probably why.

Anyway, using rent to squeeze every dollar from people in a way that raises everybody's rents with the blessing of the state (which has been the case until now) is state violence. It is using the necessity of shelter to cerce money from you.

People in general don't see this sort of thing as violence but it is. Just like polie crackdowns on protests are state violence.



Some quotes from the filing:

> Discussing a different RealPage product, another landlord said: “I always liked this product because your algorithm uses proprietary data from other subscribers to suggest rents and term. That’s classic price fixing . . . .”

> In fact, as RealPage’s Vice President of Revenue Management Advisory Services described, “there is greater good in everybody succeeding versus essentially trying to compete against one another in a way that actually keeps the entire industry down”

> Its executives are blunt: They want landlords to “avoid the race to the bottom in down markets.” Sometimes RealPage is even more direct, acknowledging that its software is aimed at “driving every possible opportunity to increase price”



> industry

The fact that providing people with housing is even seen as an "industry" is a big sign of what is wrong with the world right now.

It is essential to living a decent life.

It should not be a driver of lining the pockets of people who are already rich.



Do you want to invest tens of millions of dollars into building an apartment with zero expectations of making a return? If there's no profit to be made in building housing, why would anyone want to build housing? This line of thinking is what leads to situations like San Francisco, where price controls on housing lead to few developers willing to build there.

If it's proven that landlords colluded to fix prices, that should be addressed. But the reality is, prices are only going up in a select few metros. And it's because lots of people want to live in those areas, which leads to rising demand which has not been satisfied by new housing construction. People desperately want to believe that there's a silver bullet that will bring prices down without actually addressing the mismatch between supply and demand.



> This line of thinking is what leads to situations like San Francisco, where price controls on housing lead to few developers willing to build there.

Not sure what "price controls" you're talking about, but the reason it's expensive to build in SF (which reduces the appeal for builders) is zoning, the byzantine planning process, the ability of local residents to effectively block or delay projects, and weaponized environmental review.

> Do you want to invest tens of millions of dollars into building an apartment with zero expectations of making a return?

Building housing doesn't need to be an investment opportunity. In a better world, I'm sure there would be plenty of people who would be happy to build housing with only enough profit to pay employees a comfortable wage. These sorts of people don't have the ability to break into the industry, though.



Policy restricting housing is indeed another factor impeding housing. The price controls I'm referring to are rent controls (which applies to ~70% of apartments in SF, and the threat of reintroducing rent controls looms) and affordable housing mandates. The affordable housing mandates require that a certain percentage of units are rented at set prices.

Again, if housing isn't an investment opportunity, then why would anyone build new housing? Sometimes people get together and build co-ops. But those are rare, and it's only available to people with a lot of capital on-hand. Plus, it runs the risk of the project going over-budget.



Lots of businesses make less than stock market index returns. You can be a builder that doesn't want to beat the S&P and still support your family doing it. Not everything has to be about massive accumulation of wealth or "growth at all costs". Plenty of people are OK doing a day's work for a day's creature comforts and leaving it at that.



Sure you can deliberately invest in a way that doesn't generate the best returns. You can be a philanthropist and build housing for free! But the vast majority of people are indeed looking to maximize returns.



Correct. With one major exception (that is, a dozen or two of the couple-hundred units in Trinity Place on Market Street) SF's rent stabilization ordinance does not apply to buildings constructed after ~1979.

So, it would be good for GP (PP? family trees are hard) to consider the implications of the fact that ~70% of the rental apartments in SF were built BEFORE 1979.



price controls is rent control. SF. see also: NYC "you can raise rent by X% per year AT MOST, no more than that" if inflation / supply/demand is >X%, the landlord eats it. Thus landlording might be for some, more appealing elsewhere.

Cali also has prop 13 i.e. rent control on real estate taxes. So if I bought my house in 1955, I might pay $100/year in property tax, the guy who just bought a completely identical house next door this year might pay $15,000 a year in property tax. On basically the same house. How is that fair? kinda a boomer "I got mine" type mentality. Also part of the bay area real estate problem, in addition to zoning/byzantine planning, borken process - why would anyone want to move out?!? Moving out would mean +$15,000/year tax, every year. Just stay put.

Of note in Singapore there's not really the concept of "apartment building" business and it works fine (very dense NYC tier housing there). The reason why is the more "units" you own, taxes become progressively more brutal, an apartment building would be tax armageddon. So most rentals are a person who owns a few condo type units and rents them, few enough that taxes aren't bad. Most people aim for owning, and for owning there is a private sector but a public government sector that provides home at more reasonable prices with various perks and incentives. That's how to handle housing when you've got tons and tons of people and almost no land.



> So if I bought my house in 1955, I might pay $100/year in property tax

Ok it's fine to point out drawbacks of Prop 13, but making up stuff doesn't help.

Prop 13 baseline assessment used 1976 values, so buying in 1955 doesn't make any difference, it still started on 1976 valuation.

It goes up 2% every year, so for this scenario we're talking about a house that was worth well under 10K in 1976. The median house price in the US in 1976 was 48K (so surely higher than that in California).



> ...but making up stuff doesn't help.

Eh, the order of magnitude difference is pretty spot-on.

Housing prices are absurd, and their rate of increase massively outpaces the rate of increase for pretty much every other thing a person would purchase.



Zoning restrictions in just three cities (San Francisco, San Jose, and New York) are responsible for all of the United States' GDP being lower by double-digit percentage.

It is in the interest of the entire country that these regions be forced to allow maximum housing development, because it will raise incomes across the entire country.

>Do the tax payers of SF not get a say in how their community is managed?

We know why zoning density restrictions exist, because their birth place was across the bay in Berkeley, whose proponents loudly extolled its benefits in pushing out anyone who was not White. This was the original intent of getting a say in development: to prevent undesirable racial minorities from moving in next door.

San Francisco weaponized housing density restrictions to push black people out of Haight-Ashbury, and to this day, continues to fight any and all housing development that might reverse this grave injustice.



It’s a problem when every town/municipality thinks like this, and then larger state- wide governments are faced with the dilemma of an angry voting population tired of high housing costs.

You can either get ahead of a state-wide solution and implement something where you have some control that works for your community, or you can do nothing and wait for the state government to begin to remove zoning from local control.



High rent costs are not something a town/municipality can solve. In a most ways, it's also something a state government cannot solve.

"High" rent is relative to the area, and rent is high across the entire country currently.

Lack of rental housing drives up rental prices. The lack of rental housing is largely due to unnaturally low interest rates. People qualified for oversized loans, and bought up the rental supply, converting them into homes instead.

Since cash was easy to acquire via loans, this resulted in an unprecedented period of time where housing prices were driven upwards with near-zero limiting factor. That was the market where people were overbidding asking-price by $50K+ without even seeing the house... that was/is a very unnatural market. This bidding process resulted in significantly overvalued homes, which made them inaccessible to lower-income people. So the rental market shrunk significantly, and housing prices went through the roof... then runaway inflation came knocking, making everything that much worse.

Which is to say, all of this is the creation of poor federal policy, and there isn't much your state or city can do about it.



No, rent is not high across the entire country. It's high in a select few metros, and fairly low everywhere else. Municipalities can't unilaterally reduce rents, but the can exacerbate the problem by disincentivizing housing through regulation and price controls.



People from Mexico don't have a right to live in the USA, any more than people from the USA have a right to live in Mexico; and the people moving into SF and complaining have top 3% incomes.



Profits are fine, excessive profits at the cost of people who need housing are not. There is no silver bullet, but increasing supply along with strong regulation to protect renters is welcome vs them being cattle to be squeezed by for profit entities. Human rights are a thing, there is no right to profit.

> The six largest publicly traded apartment companies in the U.S. — all of which are linked to an alleged rental price-fixing scandal — experienced profit increases during the first three months of the year, according to an analysis from left-leaning watchdog group Accountable US exclusively shared with The Hill.

> In the analysis, the companies earned a combined $300 million in profit during the first quarter of the year, in part, due to rent increases.

Lots of profit to squeeze out with regulation, based on the evidence. The Vienna model is a proven model if for profit enterprises walk away from housing.

https://thehill.com/business/housing/4718252-large-apartment...

https://accountable.us/report-top-corporate-landlords-see-pr...



The phrase "protect renters" is often used as a dogwhistle for price controls. For example, rent control and affordable housing mandates that require a certain % of units to be rented at below market rates. Can you elaborate on what exactly you're referring to here?



This would be an unproductive use of time. It is very clear you are pro "no regulation" around housing (based on your thread comments, "just build more"), so a heated argument with the potential for the subthread to be detached by dang does none of us any good. I'm not here to change your belief system, and to attempt to do so would provide no meaningful impact to macro outcomes.



All I'm asking you to do is list the specific laws or regulation you're referring to here when you write about the need to "protect renters". I don't know if we agree or disagree, because you haven't actually stated what your beliefs are.

I definitely support regulations around housing: housind needs to be safe (fire exits, sprinklers, etc.). Landlords can't engage in deceptive practices, like putting up ads for one unit and giving the tenant a different one. Units should be promptly repaired. Landlords shouldn't discriminate on the basis of protected class. I could go on.



Dynamic price control of rents to prevent them from accelerating beyond what wages can support (existing tenants win vs potential new market entrants, them the breaks when supply is catching up to demand or cannot meet demand), tenant rights with strong local regulatory oversight, government incentives to encourage a diverse ecosystem of suppliers bringing new supply onto the market based on forecasted market demand (cost of capital, regulatory streamlining support, construction labor pipeline, etc), upzoning whenever possible to encourage density as much as reasonable.

Supplier diversity is needed to prevent use of market power to restrict new supply coming online to hold rents higher than they otherwise would be (strong evidence homebuilders are doing this current state, restricting supply to juice profitability). The rest should be self explanatory. As you said, there is no silver bullet; it is various policy measures working in concert to attempt to arrive at a desired outcome. I am not anti profits, I am anti "gouge the human for basic needs for profits."

TLDR Some profits? Okay. Too much profit? Not okay. People living in constant fear of not having a home? Not okay. Build, build, build.

(am a landlord myself, do not raise rents unless actual costs go up, reduce rents when needed by tenants, keep my profits reasonable [~%6-%10], usually no more than $100/month/door)



>Dynamic price control of rents

How many economics studies, from all schools of economic thought, across 100 years of research need to prove that price controls don't work before people start accepting that fact?



I mean dynamic price control works in most French cities. The exception is Paris, but they tried a static price control for no reason (also, non-market housing supply is diminishing, which is a bad thing. Capitals with 30 to 40% non-market housing are doing extremely well usually)



> prevent them from accelerating beyond what wages can support

In practice what does this mean? If landlords raise rents beyond what people can pay... doesn't that mean they lose tenants? If they do not lose tenants, then by definition doesn't it mean they have not raised rents beyond what people can pay?



Okay, so I was right: "protect renters" was indeed referring to price controls. Price controls coupled with what sounds like blatantly nativist policy:

> Dynamic price control of rents to prevent them from accelerating beyond what wages can support (existing tenants win vs potential new market entrants...

Can you elaborate on what you mean by "existing tenants win vs potential new market entrants"? Does this mean that landlords must rent at lower rates to someone who has lived in SF for some time, versus an immigrant that is willing to pay higher rents?



I think GP is pretty clearly implying more akin to Prop 13 but for renters (i.e. Prop 13 locks in increase in property taxes to 2% a year), this policy would do something similar for rent.

It benefits existing renters because new entrants (new renters) would have to pay market price, but existing renters might be behind market rent if market rents are increasing too quickly. Same way that Prop 13 works.

Dynamic in the sense that it's not fixed at 2% but tied to some sort of variable index (San Diego for example does CPI + 5% with a hard cap of 10% YoY increase I believe)



> I think GP is pretty clearly implying more akin to Prop 13 but for renters (i.e. Prop 13 locks in increase in property taxes to 2% a year), this policy would do something similar for rent.

It's called rent control. That's literally describing the existing rent control policies in SF: rent is fixes save for an extremely minor increase around 2%. Allowing a fixed price increase is still a form of price controls.

I really want the previous comment to elaborate on this:

> existing tenants win vs potential new market entrants



> For example, rent control and affordable housing mandates that require a certain % of units to be rented at below market rates.

The issue that we have here - market rates controlled by RealPage. Since everyone uses RealPage, in terms of price for renters it's essentially the same as if every building was owned by the same company.

I'm appalled how long it took for this lawsuit to be filed. We knew about this price fixing for quite some time.



Sure, but what matters is what percentage of the apartments with vacancies RealPage controls. Many apartments don't turn over year-to-year, so that 10 percent might or might not be misleading.



strong regulation increases costs (see all the permits and surveys required in SF).

What are "excessive profits"? 10%? 15%? 25%?

> experienced profit increases during the first three months of the year

Does this even mean anything? This could mean their vacancy rate decreased and thus their business is more profitable. I don't see the issue with companies reducing vacancies and providing more housing to more people.



I cannot say, but experts can, and suggest to legislators and regulators implementation details. To operate a business in a jurisdiction is a privilege, not an entitlement.



I'd love to see the data on this. Usually when you increase construction costs, via additional regulation, you're going to increase the price of rent/sale.

What expert thinks increasing costs will lower prices?



It's the other way around. Regulation around pricing forces housing providers to provide housing within a constrained cost model (land + materials + labor + cost of capital + permitting/AHJ requirements [regulation]). If they cannot meet the market (or choose not to, for whatever reason), public housing is an option, with muni bonds issued to finance construction. This removes the profit component, which a for profit enterprise needs, but public housing does not.



where does the public housing come from? WA and CA can't seem to figure out how to build public housing. In WA, the best I've seen is the gov buying hotels and having the hotel sit empty for years [0].

If regulations make it impossible to build housing and public housing has the same regulations, who is paying that bill? The existing residents via sales and property taxes?

you can google construction costs in sf. how does regulations reduce any of those numbers?

[0] - https://www.kiro7.com/news/local/king-county-taxpayers-payin...



Washington has at least done a better job than San Francisco. Seattle has built over twice (IIRC three) times as many homes per-capita than SF over the last decade, despite lower population. The fact that rent control is banned statewide has a big role to play there.



It's not "despite" lower population. The thing that drives the costs up isn't evil landlords or the dreaded "profit motive". It's just demand massively outstripping supply, and high wages.



The natural interest rate plus a bit.

If you can earn 25% percent in profits in the current environment then it is a clear indication of an inefficient market - a market that needs to be regulated in order to create efficiency (like in this case as with many other cases: remove monopolistic behavior).

While it is problematic if you can't derive profits from productive activities it is also problematic when entities derive unsustainable profits - also for the party deriving the profits.

If there is not a bit middle class to consume products, then there will not be be a market to supply products to.



Targeting profit rarely helps. The big players can afford the financial engineers to make the profits negligible from an accounting perspective. Likely funneled into growth. The small players cannot, so you put them in a situation where selling to a big player is rational. And the oligopoly grows.



The current economic environment definitely over indexes on very abstract metrics to steer, which is problematic.

I am also not proposing any formal system.

I am saying that it is quite easy to spot profits that are too high.

I am also saying that the governments role is to ensure efficient markets.

In this case it is suing RealPage.

It could also be making it easier to make housing in a specific area to counter under supply.

it is all regulation.



Excessive profits are actually the catalyst for competition. THe cycle of capitalism and free markets looks like this: earn excess profits -> people build more supply -> prices come down and excess profits dry up -> people stop building -> earn excess profits. When you fix the 'prices come down and excess profits dry up' all you get is people stop building.



That works in a well functioning, liquid market. If there are barriers to entry for new competitors (like regulatory hurdles, or zoning), this free-market theory falls flat on its face.



I support price regulation when called for. Your hyperbole is...not congruent with reality, considering the incredible agriculture subsidies provided and automobile tariffs.

https://www.theatlantic.com/ideas/archive/2024/08/economists...

https://www.ncsl.org/financial-services/price-gouging-state-...

https://www.whitehouse.gov/briefing-room/statements-releases...

From a paid Matt Stoller BIG (https://thebignewsletter.com/) piece on monopoly pricing:

> Something real is going on. In individual markets, CEOs have been bragging publicly that they are restraining production to increase prices. Profit margins in the food industry jumped during Covid and haven’t come back down. Or take rent. There’s a company called RealPage that works with the biggest corporate landlords to hold apartments empty so they can increase prices, which jumped up 11% in 2022. There’s some evidence of conspiracy around pricing in virtually every industry. Turkey, poultry, and pork. Frozen french fries. PVC pipe. Anesthesiology. Oil. Ammunition. Pharmaceuticals. K-Pop. Credit bureaus and FICO, Verisign, industrial gasses, architectural software, locks, entertainment data. Homebuilders. Garden chemicals. Defense and aerospace. Ticketing. Estate Sales. Gaming. Drug wholesaling. Work ID information. Seeds and chemicals.

Laws to crack down on this behavior has popular support, so I won't spend additional time defending the idea in this forum, as it is unnecessary.

https://blueprint2024.com/polling/inflation-poll-06-25/

https://blueprint2024.com/wp-content/uploads/2024/06/Screens...

> The most popular policies are calling on all states to suspend taxes on groceries (68% selected), cracking down on overcharging by hospitals (66%), starting a congressional committee to hold hearings on and investigate price gouging and overcharging by corporations (63%), requiring public utilities to cut rates for electricity (63%), reducing the deficit by cutting spending (62%), and prosecuting price gougers (61%).



> I support price regulation when called for.

When is price regulation ever called for? The only times I can think of are when there is a monopoly, oligopoly, monopsony, oligopsony or significant externalities.

> Laws to crack down on this behavior has popular support, so I won't spend additional time defending the idea in this forum

The popularity of a proposal has very little to do with its appropriateness.



>I support price regulation when called for. Your hyperbole is...not congruent with reality, considering the incredible agriculture subsidies provided and automobile tariffs.

The outrageous profiteering in food and groceries is not with the hyper-subsidized agriculture industry that grows food and raises livestock, but up the supply chain in the middle-men who buy this to process and package it (especially meatpacking). Consumers, farmers, and grocers would all be served if the monopolies that absorb massive food profits were busted.

> Something real is going on. In individual markets, CEOs have been bragging publicly that they are restraining production to increase prices. Profit margins in the food industry jumped during Covid and haven’t come back down. Or take rent. There’s a company called RealPage that works with the biggest corporate landlords to hold apartments empty so they can increase prices, which jumped up 11% in 2022. There’s some evidence of conspiracy around pricing in virtually every industry. Turkey, poultry, and pork. Frozen french fries. PVC pipe. Anesthesiology. Oil. Ammunition. Pharmaceuticals. K-Pop. Credit bureaus and FICO, Verisign, industrial gasses, architectural software, locks, entertainment data. Homebuilders. Garden chemicals. Defense and aerospace. Ticketing. Estate Sales. Gaming. Drug wholesaling. Work ID information. Seeds and chemicals.

Sounds like the real solution to this problem is the same solution to the housing market: Too many laws preventing new entrants, which prevents natural competition from lowering prices.

The problem is the needless and protectionist laws and regulations. If you want to see the effectiveness of monopoly regulation, look at California's PG&E vs Texas' deregulated electricity provider market. Californians are paying outrageous bills, meanwhile Texans have their choice of paying different electricity providers, and thus have much lower electric rates.



>Sounds like the real solution to this problem is the same solution to the housing market: Too many laws preventing new entrants, which prevents natural competition from lowering prices.

I could buy this for many industries, but real estate has no functioning free market dynamics because there is no external pressures to facilitate maximal usage of land value (and therefore sale or productive usage like building more homes), in fact most of zoning laws do just the opposite - they encourage low yield development for the sake of holding existing land owners value higher.

A land value tax would flip this narrative, applying an actual market force to real estate market dynamics. This would incentivize maximal productive use of land to pay for the land value tax. Not to mention, land value taxes are easier to implement and assess value on. It also puts an actual value on what makes the land valuable - the community aspect, like being located near shopping centers - and returns money back into the community. Combined with upzoning, you would see more churn in the housing market and massive incentivizes to build more housing, because you would finally have a pricing pressure on the value of the land.

Changing zoning alone isn't going to make the same dent either, because it does nothing to incentivize the sale of land, same with changing any regulation around housing. You need something that facilitates land owners to actively make productive maximal use of land value, and an LVT will do that.



Realpage is involved in a vicious loop, not a virtuous loop. Even in the Bay Area, corporate landlords jack up rent like 10% every year, whereas small landlords are happy to raise rent by 3%. That's the difference due to algorithmic collusion set and controlled by RealPage.



How are the corporate landlords able to rent their units if the small landlords are selling equal quality units for substantially less? Wouldn't everyone just rent from the small landlords while the corporate apartments stay vacant? This is the hole in the price-fixing argument: price-fixing only works when everyone is onboard, otherwise the parties not involved in price fixing will gobble up the market share.

I wouldn't be surprised if corporate-run apartments are more expensive. They're are usually renting much nicer buildings with amenities like air conditioning, parcel delivery rooms, gated parking, etc.



> Wouldn't everyone just rent from the small landlords while the corporate apartments stay vacant?

If there was enough supply, they absolutely would.

> They're are usually renting much nicer buildings with amenities like air conditioning, parcel delivery rooms, gated parking, etc.

It sure sounds like you've never rented. This is, in the vast majority of cases, not reality.



Exactly: prices are rising because there isn't enough supply to satisfy demand.

I have, in fact, rented in San Francisco. I rented from a small landlord in a building that had no A/C, no package room, no parking. I had to fix my refrigerator and shower mixer myself because she barely spoke English. But it was a cheap apartment! I also rented from a corporate landlord. It had a lot of amenities like a gym, a package room, and parking. But I paid a lot more for that apartment.



Because there's a shortage of units overall. All units get rented; the corporate landlords just make more profit, and a lot of people are priced out of the market, including many existing residents.



Small landlords who didn't use RealPage didn't struggle with occupancy. Large ones "fired" renters and warehoused apartments, meeting debt obligations at occupancy rates even below 80%.

And most amenities are bullshit. They've taken ordinary, expected services and privatized them, externalizing the costs to residents for kickbacks, and made elective services like cable and internet mandatory through exclusive provider agreements to inflate revenue.

In aggregate, squeezing older properties subsidizes newer properties by equalizing returns. They're making just as much or more off of cheaper properties as newer "premium" ones.



There is a lot more to San Francisco's housing crisis than price controls: lengthy permitting processes, environmental reviews, NIMBY community outreach, etc.



San Francisco has always been a crooked city.. fleecing newbies is sport.. they have jokes and murals and parties around it and always have.. in the American era.. source: personal testimony by someone born and raised there around 1900



> Do you want to invest tens of millions of dollars into building an apartment with zero expectations of making a return?

No, but this doesn't change the fact that housing is a basic good like gasoline and insurance. Controls in those industries don't prevent companies from investing. Profit regulation doesn't mean no profit.

> price controls on housing lead to few developers willing to build there

Because there are alternate places without those controls. If housing were treated like the essential good that it is, there wouldn't be any ROI havens, and developers would adapt (or die if they can't accept reducing the typical ROI, which averages around 15%)

> rising demand which has not been satisfied by new housing construction

There's plenty of demand, just not for the houses that are being built. (That's not to say there aren't specific cities where there is no supply). Based on most affordability standards, many can't afford the typical rent or mortgage. If those prices can't come down, or income can't go up, then new types of much cheaper housing must be built.



Gasoline isn't subject to price controls, though! They were in the past, and the results were disastrous. This is what price-controls on gasoline look like: https://www.federalreservehistory.org/-/media/images/essays/...

The way that the government influences gas prices is that they stockpile or release oil from the US strategic reserves. They don't regulate prices. They influence supply in order to influence prices. The analogy would be building public housing.

I'm not sure what you mean by treating housing like an "essential good". Most essential goods aren't subject to price controls. There aren't price controls on food, for example. Most countries that set price controls on food experience famines (or the price controls are widely ignored and the black market becomes the normal market).



"price gouging" is not the same as price-fixing. Price gouging refers to raising prices in response to natural disasters: https://www.cato.org/blog/anti-price-gouging-laws-entrench-s...

> Texas’s APGL kicks in when a disaster is declared by the governor or the country’s president. Under the law, merchants are not allowed to sell or lease fuel, food, medicine, lodging, building materials, construction tools, or other necessities at “exorbitant” or “excessive” prices, with those caught facing civil penalties of up to $10,000 per violation, rising to $250,000 if elderly consumers are affected.

There's very specific, and very short-term windows in which prices cannot be raise excessively. It's not even remotely comparable to price controls on rents.



It's called 'dynamic price control' and is present in most cities in my country. My landlord cannot rise the rent at weird levels, which is based on the selling cost of the unit. Basically if her unit appreciate 5% yoy, she won't be able to rise the rent higher than 5% yoy.



So it's exactly the same thing as SF rent control, albeit with a higher allowable year-over-year increase. There's nothing "dynamic" about it, it's just textbook rent control.



You're missing that they didn't use this to build or expand housing, but to limit it. Just look at the occupancy rates.

They colluded with property management companies to capture 80% of existing multi-family dwellings and raised rents to inflate hard asset values of PE owned properties nationwide. Just because this is the closest that homeowners have had to a bailout in their lifetimes doesn't mean they didn't profit even more.

It was a scam.



This is not a binary situation. There are plenty of reasonable approaches that help limit abusive landlord behavior without damaging the prospect of profitable real estate development.



I wholeheartedly agree that landlords should not engage in abusive behavior: Landlords should not discriminate on the basis of protected class. They should keep units safe and up-to-code. They should not engage in deceptive practices like advertising one unit and selling a different one, or falsifying facts about the unit.

But where I'm not going to agree is the notion that setting rent above a certain threshold is "abusive landlord behavior". If a landlord is setting the rent too high, the consequence should be that the unit stays vacant. If someone is willing to pay that rent, then evidently the rent wasn't too high.



Except that there are significant switching costs. A person moving has to pay moving costs, might have to replace furniture that doesn't work for the new place, can affect your children's schools etc. This means the value of a unit to someone living there can often be significantly higher than the market rate.

This can led to situations where the most profitable move for landlords is to take advantage of the discrepancy to regularly raise the rent for existing renters by more than the market, in attempt to maximize profit. Sure they might have to deal with the hassle of finding a new tenant every couple of years when someone gets priced out, but if it leads overall to slightly higher profits it's the winning capitalist move.

The rentiers are ostensibly following the law, but the overall cost to the population and quality of life loss to renters can be significantly outsized compared to a sliver of additional profit for the rentiers. This is a great example of externalized costs in a free market and exactly where government should generally be attempting sensible regulation.



>> leads to rising demand which has not been satisfied by new housing construction

we seem to accept this at face value, but there's lots of evidence that supply is not the only issue, or even the biggest. Example: in Toronto this year there's been over 220 large real estate projects go insolvent. There's clearly a limit on the demand side.



I agree with most of what you said, and do think supply is ultimately the fix, however, we also have to acknowledge the extreme inelasticity of demand for housing, and the massive shoe leather cost, both of which leave consumers at a massive disadvantage in price discovery.



Price discovery as in the market converging on a price, not as in an individual seeing how much something would cost at present.

https://en.m.wikipedia.org/wiki/Price_discovery

Since the good has very inelastic demand, suppliers have an easier time influencing the market. Small changes in supply should cause big changes in price, in both directions. However, prices go higher much faster during high demand than they go lower during low demand.



What if I only want to live someplace for a couple years? Building a house that I want to live in for the next 40 years makes sense, but if you have no reason to think life will keep you in the one place for 40 years renting may be a better deal - let someone else take the risk of building a house and hoping someone comes to live in to.



It's called cooperative. If I'd like to live in apartment complex, I'd post an ad like "Buy an apartment in a future complex for a low price of X! Move in in only 2 years!". (Cost to build Y, number of apartments Z, X = Y/Z).

And it's not something new. When price is lower than market, people do buy it.



You’ll need a construction cooperative. IDK if those can compete with large construction companies due to the economy of scale. The construction cooperatives were a staple of late Soviet and post-Soviet Russia, but were essentially outlawed later to make way for large construction business and mortgages-backed construction.



I'm not against them, but they are not the right answer for everyone. They are great if you want to live in the same apartment for a few decades, but if you move they become tricky.



Manhattan rents tanked during the pandemic, but rebounded pretty quickly after covid subsided. Supply and demand is such that prices may rise even if you build a lot of housing if there's even more people that want to live there. Big supply coupled with even bigger demand will still see prices rise.



If price controls on housing exist in SF but not elsewhere, and this causes developers to not build there, then the issue is not that price controls exist in SF. The issue is that price controls do not exist elsewhere.

Set the same price controls across the entire nation, suddenly there is no disincentive to not build in any one area.



You appear to be making an incorrect assumption that there is some consistent amount of housing which will be built each year, and the question is only how to distribute it among different localities.

That's not the case. If you add the same price controls everywhere, then the same near-zero housing gets built everywhere.

Construction companies will shut down, they will not continue paying people to build housing at a loss.



They have not... and unfortunately this viewpoint is shared by too many these days.

Removing the profit-motive from the equation does not magically net increased benefits for everyone. It's usually the opposite in reality... landlords end up doing the absolute bare minimum because sinking a bunch of money into renovating the bathrooms or kitchen will not yield increased rent under these proposed policies. Or people looking to invest in housing/apartments for rental income decide it's ROI is far too low to be worth the hassle and risks... so less housing is built.

This line of thinking looks at some minority of people living in slums, and assumes every rental owner is actually a slumlord. So, the solution is obviously to degrade the situation for everyone because some small minority of people have it rough...



I mean, did you read Diamond, McQuade, and Qian? Or newer studies? It should be the minimum to read before talking about rent control effect (with Autor, Palmer, and Pathak) because people tend to cite 'Friedman', who _never_ empirically worked on this subject. I mean, I understand liberals/Libertarians seems to love pure reason, but I hope people on this website are more scientifically minded. Experience is always better than models, no?

[edit] anyway, rent-control on market housing do not work, but limited non-market housing do apply downward market pressure, even when done poorly and unplanned (as shown by AP&P study)



You appear to be making an incorrect assumption that I said "zero new housing". I did not. I said near-zero.

In your comment you explicitly specified that the whole country should adopt the same price controls as SF.

SF's price controls are sufficiently onerous that nearly no new housing is built there.



> In your comment you explicitly specified that the whole country should adopt the same price controls as SF.

I absolutely did not say this.

I said "Set the same price controls across the entire nation", which means one set of consistent price controls for the country, not the existing set of price controls that SF currently has.

Perhaps I should have worded it as "Set a consistent set of price controls across the entire nation".



That's fair. The wording of your comment (heavily, honestly) implies setting SF's policies nationwide, but rereading I can see how it can be read the other way.

You're correct, "Set a consistent set of price controls across the entire nation" is a much better wording.



Set the price controls across the nation, and developers will redirect their money towards something other than residential real estate. It's frankly disappointing to see this faulty thinking on HN. Price controls fundamentally disrupt the feedback loop between supply and demand. If you limit the profit to be made on building housing, you're disincentivizing it from being built.

Imagine a county is in the middle of a famine, and the government in a few provinces set price controls on food. The famine worsens in those provinces. Is the problem helped by setting price controls nationwide?



It being an industry is what allows people to live a decent life.

Just like farming being an industry allows you to sit at a desk all day instead of being out there foraging.



Modern housing is a direct development of the industrial revolution. In that sense it is an industry.

You could provide housing like undeveloped nations do, where large families live in cramped hovels without electricity or running water.

In the sense that someone should want an apartment with 2 bathrooms, a fireplace, and a pool - it's easier to treat housing overall as a consumer good.



> it's easier to treat housing overall as a consumer good.

But it doesn't function like that.

Building the house isn't even the part that is the problem. It's land/space and how some people maintain monopolies on those.

A free market might make the materials and construction of a house cheaper. It address that space is limited and that most expensive space is often where there are more jobs.



...vs "providing" housing like developed nations in cramped shelters, in cars and on the street? FYI: multigenerational households are a cultural artifact, not an economic one. As one might assume, hovels without water or electricity don't break the bank, they aren't "provided" by anyone either. Yours is a false dichotomy, and is easily disproved by examples in other developed countries where shelter is considered a right.



I grew up in tenements in Romania. So I can tell you from experience that building the bare minimum shelter for the most amount of people is possible (if less enticing than you may think). But the idea that they were anything other than "industrial" housing as OP states is ridiculous.

Regardless of who pays for it, housing modern peoples is an industry.



"Hovel" is the opposite of industrial housing, etymologically, and evokes the images of ad-hoc slums rather than soviet-style brutalist blocks. Industrial housing is a step up from what OP described (no running water or electricity).

I will also note that the currently in-vogue 5-over-1s lean heavily towards "Industrial housing". Funny how diffent economic systems both with a captive market converged towards no-frills housing.



You are strawmanning me. Nothing in my statement suggests that treating housing as a product means it has to be exploitatively expensive or given away for free. If anything, most industrial products are supposed to get cheaper over time.



> If anything, most industrial products are supposed to get cheaper over time.

And yet the cost of housing more or less always increases. Isn't that enough to suggest that there's something about this "industry" that doesn't quite make sense the way it's handled?



Well, housing needs to mostly be handled by the private sector if we want high quality.

Government housing should absolutely exist, but only as a safety net as their management is incredibly inefficient.

Private housing isn’t the issue here: collusion is. Collusion should generally not be tolerated in a well regulated capitalist system.



there are massive and documented scandals at the US Federal level with the departments assigned to regulate and serve those markets (HUD etc).. an easy and relevant start is the Savings and Loan collapse of the 80s, directly on top of mortgage monies



I don’t disagree but not sure what point you’re trying to make here.

Problems with regulation are the expected consequence of living in the real world and not a model. They should be fixed and we can do better.

I just don’t see how any of this leads us to more regulation. More government control means less efficiency and likely MORE corruption.



> The fact that providing people with housing is even seen as an "industry"

> It is essential to living a decent life.

What troublesome phrasing. "Provide" implies people should get housing for free, and "decent" implies getting "decent" housing for free...

Well, so who is actually paying for it then? Magical handwavy "government" money? Everyone knows where government money comes from, right? Right?

Do we want more printed money and uncontrollable inflation? No? Oh so we should just steal this money from people who worked hard, because some others didn't?

> It should not be a driver of lining the pockets of people who are already rich.

Ah yes, the ol' "rich people bad" whipping horse. Despite the tens of millions of jobs created by "rich people" and the millions and millions of people who live in actually decent housing in exchange for market rates.

The fact that some people actually truly believe "free government housing" is going to be "decent" is absolutely tragic. Yes, let's doom millions to the "projects" because it makes us feel better knowing those darn rich people aren't making money!

If anyone wants a porthole view into what government housing looks like - take a look at the plethora of stories and pictures from our military barracks, across all branches. Mold, bugs, broken appliances, holes in walls, locks that don't work... and nobody cares despite the very vocal, highly visible complaints. There's a reason our service men and women scramble to off-base housing the moment they are allowed.



I'll totally accept you're speaking just in the context of the USA but...

> The fact that some people actually truly believe "free government housing" is going to be "decent" is absolutely tragic

Council houses are fairly highly regarded in the UK (i.e. the property, in terms of space, light, build quality. The estates/tenants, not so much...). They also have a track record of maintaining them far better than private/social landlords - I can personally attest to that.

It is the large homebuilder companies that build truly awful, "tragic" homes, cutting every single possible corner imaginable for an extra penny of profit.



Wikipedia indicates most of these Council Homes were built in the early 1900's - and are not modern construction. An additional average of a around 100 homes total were built per year from the 40's through 1980. So these don't appear to be helping a significant portion of the population.

Wikipedia also indicates in the 1970's the UK government dramatically and suddenly cut back on funding for these homes (among other things), which led to some very poor living conditions.

Your quality of life being dependent on the whims of politicians and budgets outside-your-control seems awful...



> Your quality of life being dependent on the whims of politicians and budgets outside-your-control seems awful...

More or less awful than being dependent on the whims of rich rentiers and impersonal market forces? At least politicians have some accountability to the poor who can vote them out.



I note you don't link to your sources. You need better sources and/or better research skills. 100 per year is way off. Have you confused 100 with 100,000? I think even that is low

Yes the Conservatives stopped building council homes, mostly through neoliberal ideology that the government shouldn't provide housing. The private market houses are far worse quality



The number of new council house starts dropped in the 70s, before thatcher.

The trend continued into the 80s but blaming thatcher and neoliberalism is simplistic at best.

https://www.ons.gov.uk/peoplepopulationandcommunity/housing/...

Table 2A, housing starts by FY.

1970 185k. 110k in 1978/79 before thatcher’s landslide. By 1980 (so before the 1980 housing act came in) down to 58k.

The starts are what’s important as those are the ones impacted by new legislation and policy.



From your source, this is the number dwellings "Completed - Local Authorities" from 1979 to 1997:

89,630 (1979)

88,540

68,330

40,080

39,170

37,580

30,410

25,380

21,820

21,450

19,350

17,870

11,230

5,700

3,360

2,880

3,440

1,740

1,550 (1997)

You're going to claim the Conservatives of that era didn't stop building council houses?

Compare with the 18 year period before Thatcher:

119,350 (1961)

132,070

126,240

156,830

167,300

179,170

202,860

190,670

182,380

179,280

157,380

122,360

104,570

124,140

152,470

153,750

145,070

113,660 (1978)

> By 1980 (so before the 1980 housing act came in) down to 58k.

I don't recognise this 58k. What is the exact cell of that number?



Starts are important, not completions, when looking at policy impact. I added local authority and housing associations together as they are basically the same concept.



Fine, just have local authority numbers then which halved from 175k in the decade before thatcher was elected, let alone had any chance to implement policy.

She didn’t reverse the trend, but she didn’t start it.



My concern with this is that it fundamentally undermines competition, which is a promise of the markets. Being more efficient means delivering products more cheaply than your competitors, which is good for the market. This sort of collusion completely undermines that and holds back innovation in the market.

How would real estate developers feel if construction companies / subcontractors had a similar product for pricing their labor? Or how would any company feel if employees worked together to set the price of their labor? That sounds kind of familiar, and doesn't sound like something most companies would be happy about.



I'm not sure I understand what politics have to do with this. Housing is essential. It's "politically charged" because of the lack of affordability. Part of that is due to lack of building and now, evidently, part of that is due to price-fixing.



Most markets have many people making that claim, though. Those people have to compete against each other. Their pricing is also optional, where RealPage was basically forcing landlords to use their prices.

RealPage’s big issue is market penetration, though. They control pricing for enough of the housing stock to artificially manipulate the cost of housing.

It’s one thing to promise to get clients a sale price on the far end of the bell curve. It’s another thing entirely to move the entire bell curve.



This isn't relevant. I'm don't want smoking guns, I want an economy where harming people isn't profitable.

If I invest in a stock and the stock goes down, nobody looks at my intentions and decides whether I should make money off it. It's my responsibility to understand what I'm investing in.

If I invest in harming consumers, nobody should look at my intentions and decide whether I should make money off it. It's my responsibility to understand what I'm investing in.

Even if RealPage didn't know what they were doing was harming renters, they should have known that. Knowing how your actions affect people is a prerequisite to running a business in any market, but especially in a market where people's basic needs are at stake.



> If this was a market for a less politically charged product than housing, would the quotes be as malicious? Like if this software was used to help people get the best price for their car or their stocks or collectibles?

The answer to this question does not matter.



Yes they would be, or at least should be taken that way. Capitalism is supposedly best for everyone because competition between suppliers of a good or service drives prices down allowing the most people to afford those goods or services. The jerk talking about "avoiding a race to the bottom" is really saying "lets circumvent market forces to screw people out of money since we're too incompetent to provide actual value in the face of competition".

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