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As few as 2 percent of New York City’s previous 22,000 short-term rentals on Airbnb have been registered with the city since a new law banning most listings came into effect in early September. But many illegal short-term rental listings are now being advertised on social media and lesser known platforms, with some still seemingly being listed on Airbnb itself. The number of short-term listings on Airbnb has fallen by more than 80 percent, from 22,434 in August to just 3,227 by October 1, according to Inside Airbnb, a watchdog group that tracks the booking platform. But just 417 properties have been registered with the city, suggesting that very few of the city’s short-term rentals have been able to get permission to continue operating.

The crackdown in New York has created a “black market” for short-term rentals in the city, claims Lisa Grossman, a spokesperson for Restore Homeowner Autonomy and Rights (RHOAR), a local group that opposed the law. Grossman says she’s seen the short-term rental market pick up steam on places like Facebook since the ban. “People are going underground,” she says. New York’s crackdown on short-term rentals has dramatically reshaped the vacation rental market in the city. People are using sites like Craigslist, Facebook, Houfy, and others, where they can search for guests or places to book without the checks and balances of booking platforms like Airbnb. Hotel prices are expected to rise with more demand.
After the rule change, Airbnb CEO Brian Chesky said the company would be shifting attention away from New York, which was once its biggest market.

On a summer day last year, a group of real estate tech executives gathered at a conference hall in Nashville to boast about one of their company’s signature products: software that uses a mysterious algorithm to help landlords push the highest possible rents on tenants. “Never before have we seen these numbers,” said Jay Parsons, a vice president of RealPage, as conventiongoers wandered by. Apartment rents had recently shot up by as much as 14.5%, he said in a video touting the company’s services. Turning to his colleague, Parsons asked: What role had the software played?

“I think it’s driving it, quite honestly,” answered Andrew Bowen, another RealPage executive. “As a property manager, very few of us would be willing to actually raise rents double digits within a single month by doing it manually.”

The celebratory remarks were more than swagger. For years, RealPage has sold software that uses data analytics to suggest daily prices for open units. Property managers across the United States have gushed about how the company’s algorithm boosts profits. “The beauty of YieldStar is that it pushes you to go places that you wouldn’t have gone if you weren’t using it,” said Kortney Balas, director of revenue management at JVM Realty, referring to RealPage’s software in a testimonial video on the company’s website. The nation’s largest property management firm, Greystar, found that even in one downturn, its buildings using YieldStar “outperformed their markets by 4.8%,” a significant premium above competitors, RealPage said in materials on its website. Greystar uses RealPage’s software to price tens of thousands of apartments.

RealPage became the nation’s dominant provider of such rent-setting software after federal regulators approved a controversial merger in 2017, a ProPublica investigation found, greatly expanding the company’s influence over apartment prices. The move helped the Texas-based company push the client base for its array of real estate tech services past 31,700 customers.

The impact is stark in some markets. 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…. But by RealPage’s own admission, its algorithm is helping drive rents higher. “Find out how YieldStar can help you outperform the market 3% to 7%,” RealPage urges potential clients on its website.

Renters filed a lawsuit (PDF) this week alleging that a company that makes price-setting software for apartments and nine of the nation’s biggest property managers formed a cartel to artificially inflate rents in violation of federal law. The lawsuit was filed days after ProPublica published an investigation raising concerns that the software, sold by Texas-based RealPage, is potentially pushing rent prices above competitive levels, facilitating price fixing or both. […] RealPage’s software uses an algorithm to churn through a trove of data each night to suggest daily prices for available rental units. The software uses not only information about the apartment being priced and the property where it is located, but also private data on what nearby competitors are charging in rents. The software considers actual rents paid to those rivals — not just what they are advertising, the company told ProPublica.

ProPublica’s investigation found that the software’s design and reach have raised questions among experts about whether it is helping the country’s biggest landlords indirectly coordinate pricing — potentially in violation of federal law. In one neighborhood in downtown Seattle, ProPublica found, 70% of more than 9,000 apartments were controlled by just 10 property managers, who all used RealPage pricing software in at least some of their buildings. RealPage told ProPublica that the company “uses aggregated market data from a variety of sources in a legally compliant manner.” The company also said that landlords who use employees to manually set prices “typically” conduct phone surveys to check competitors’ rents, which the company says could result in anti-competitive behavior. “RealPage’s revenue management solutions prioritize a property’s own internal supply/demand dynamics over external factors such as competitors’ rents,” a company statement said, “and therefore help eliminate the risk of collusion that could occur with manual pricing.”

The lawsuit said that RealPage’s software helps stagger lease renewals to artificially smooth out natural imbalances in supply and demand, which discourages landlords from undercutting pricing achieved by the cartel. Property managers “thus held vacant rental units unoccupied for periods of time (rejecting the historical adage to keep the ‘heads in the beds’) to ensure that, collectively, there is not one period in which the market faces an oversupply of residential real estate properties for lease, keeping prices higher,” it said. Such staggering helped the group avoid “a race to the bottom” on rents, the lawsuit said. RealPage brags that clients — who agree to provide RealPage real-time access to sensitive and nonpublic data — experience “rental rate improvements, year over year, between 5% and 12% in every market,” the lawsuit said. RealPage encourages property companies to have daily calls with a RealPage pricing adviser and discourages deviating from the rent price suggested by the software, the lawsuit said.