Progress

Assuming that Mayor London Breed does not veto the measure, which is a non-trivial possibility for a politician who is in the pocket of real estate interests, San Francisco will be the first city in the nation to ban algorithmic price collusion through software like RealPage.

Realpage and Yardi have been explicitly marketing their software to landlords and real estate investors as a way for them to raise prices, but argue that it's all legal, because it is the algorithm, and not some guy named Guido.

If it's illegal when Guido does this, it's illegal when RealPage does it:

San Francisco's Board of Supervisors this week approved a ban on software that is allegedly used by landlords to collude on rent prices. Board of Supervisors President Aaron Peskin recently proposed what his office called "the first local ordinance in the country banning the sale or use of software which enables price collusion among large corporate landlords for the purpose of rent-gouging."

The ordinance was approved on a first reading by a 10-0 vote by the board on Tuesday. It still needs to pass a final vote scheduled for September 3, Bloomberg wrote.

The ban targets software companies RealPage and Yardi. "RealPage has exacerbated our rent crisis and empowered corporate landlords to intentionally keep units vacant. So we're taking action locally to ensure our working renters can afford to live here," Peskin said.

RealPage and Yardi "collect and combine proprietary large landlord data and make pricing and occupancy recommendations," Peskin's office said. "These recommendations then effectively become the lay of the land, with multiple investigations finding they amount to illegal price-fixing. RealPage's own executives have told investors that its software has driven double-digit increases in rents, increased 'turnover' of units, and increased vacancy rates."

………

The San Francisco proposal said the software "programs enable landlords to indirectly coordinate with one another through the sharing of nonpublic competitively sensitive data, in order to artificially inflate rents and vacancy rates for rental housing. Participating landlords provide vast amounts of proprietary data to the programs, which in turn do not just summarize statistical data, but also perform calculations with the data to then set or provide recommendations for rent and occupancy levels."

The ordinance "would prohibit the sale or use of 'algorithmic devices' to set, recommend, or advise on rents or occupancy levels for residential rental units in San Francisco." It defines "algorithmic device" as including revenue management software "that uses algorithms to analyze nonpublic competitor rental data for the purposes of providing a landlord recommendations on whether to leave their unit vacant or on what rent to charge."

"An entity that sold such a device for use on residential rental units in San Francisco, or a San Francisco landlord that used such a device, could face a civil action and be ordered to pay damages, restitution, civil penalties of up to $1,000 per violation, and/or attorneys' fees," the proposal said.

Again, I will note that this sort of anti-competitive collusion is not just unlawful, it is illegal.  In days gone by, people were arrested for sh%$ like this.

Let's make antitrust enforcement great again.