- RealPage has agreed to a consent decree with Nevada that limits how its AI pricing software can use rental data.
- The company must rely only on public or aged, aggregated, and anonymized nonpublic data when recommending rents.
- Nevada will monitor RealPage’s compliance through annual reports, and the company will fund $200K in rental aid.
- The settlement does not affect the ongoing federal antitrust lawsuit involving the DOJ and 10 states.
A Legal First For RealPage
RealPage has taken a step toward regulatory compliance by reaching a first-ever settlement with a state government, reports Bisnow. RealPage has agreed to a consent decree with the state of Nevada. As part of the agreement, the company will change how its rent recommendation platform operates. This marks an early response to growing legal challenges over its alleged role in driving up apartment prices.
The deal, pending approval in Clark County court, includes strict data usage rules and long-term oversight.
Inside The Settlement
Under the terms of the agreement, RealPage must:
- Only use public data or nonpublic data that is:
- At least three months old
- From 10 or more properties
- Fully anonymized
- At least three months old
- Cease sharing specific rent, occupancy, or availability metrics with Nevada-based clients unless the information is aggregated and anonymous.
- Submit annual certifications for the next five years confirming it’s following the rules.
- Pay $200K to support Nevada’s rental assistance programs.
Get Smarter about what matters in CRE
Stay ahead of trends in commercial real estate with CRE Daily – the free newsletter delivering everything you need to start your day in just 5-minutes
Broader Scrutiny Unresolved
While the Nevada deal is a milestone, RealPage still faces a much larger legal battle. A federal antitrust lawsuit, led by the Department of Justice and 10 attorneys general, remains ongoing. The suit alleges that RealPage helped landlords coordinate pricing and suppress competition.
That case is separate and ongoing — as is a consolidated civil suit involving over 30 class action lawsuits currently in federal court in North Carolina.
Two major landlords, Cortland and Greystar, have already reached their own settlements with federal prosecutors.
Industry In The Crosshairs
The RealPage controversy has sparked broader backlash against algorithmic rent-setting tools. So far:
- Six cities have passed rules limiting or banning the software.
- Dozens of state legislatures have explored regulations — though none have passed into law.
- The debate continues over what counts as “nonpublic” data, a central issue in both regulatory and legal battles.
RealPage’s Stance
The company continues to deny any wrongdoing. In a statement, CEO Dana Jones said RealPage is “proud of the role we play in facilitating affordable housing.” She also emphasized the company’s willingness to work with regulators.
RealPage’s legal team has signaled it may go on the offensive, arguing that critics are targeting the platform without evidence and under political pressure to solve the housing crisis.
What To Watch
Nevada’s move may set a precedent for other states weighing how to regulate algorithmic pricing tools in housing. While the federal case could take years to resolve, state-level actions like this one are likely to accelerate — particularly in markets grappling with affordability concerns.