Schwalb secures $9.3M from JBG Smith, MAA | The Locally Times
Published · The Locally Times
JBG Smith and MAA will pay $9.3 million and reform rent-setting practices in DC antitrust settlements.
Attorney General Brian L. Schwalb announced September 14 that JBG Associates, L.L.C. (JBG Smith) and Mid-America Apartments (MAA) will pay a total of $9.3 million and change their business practices as part of separate settlement agreements resolving the OAG’s antitrust lawsuit. The lawsuit alleged the companies illegally conspired with other landlords, using RealPage, Inc.’s pricing software, to inflate rents at thousands of apartments across the District. In DC, JBG Smith owns over 4,500 units and MAA owns 269 units. OAG alleged that JBG Smith used RealPage’s RM software to set rents for multiple properties in the District, and MAA used RealPage’s RM software to set rents for one DC property. As part of RealPage’s price-fixing cartel, OAG alleges that JBG Smith, MAA, and 12 other defendant landlords illegally coordinated to share sensitive, non-public company data, avoiding direct competition and delegating rent-setting authority to RealPage. Under the terms of the two separate settlement agreements, JBG Smith will pay $8.1 million and MAA will pay $1.2 million, covering civil penalties, money to impacted residents, and legal fees. Both companies will reform rent-setting practices to prohibit the use of revenue management software that relies on any non-public or confidential data from other companies, and will refrain from encouraging others to use such software. RealPage’s revenue management products rely on non-public, competitively sensitive pricing data that RealPage receives from owners and managers, which it uses to generate an inflated rental price. In the District, well over 30% of apartments in multifamily buildings (five or more units), and approximately 60% of units in large multifamily buildings (50+ units), have been priced using RealPage’s RM software.