[HN Gopher] Price fixing by algorithm is still price fixing
       ___________________________________________________________________
        
       Price fixing by algorithm is still price fixing
        
       Author : nabla9
       Score  : 794 points
       Date   : 2024-03-02 21:10 UTC (1 days ago)
        
 (HTM) web link (www.ftc.gov)
 (TXT) w3m dump (www.ftc.gov)
        
       | csa wrote:
       | I would like to see that this action will lead to meaningful
       | change in (imho) an unhealthy rental market.
       | 
       | Unfortunately, I think the genie is out of the bottle, and the
       | actions by the ftc will be reduced to whack-a-mole attempts to
       | bust transgressors who make the effort to have plausible
       | deniability while still using price-fixing algos.
        
         | nurtbo wrote:
         | Adding to that: once you've shown that keeping rates high while
         | allowing greater vacancies works, no one is going to lower
         | rates afterwards. So we are stuck with this higher rent
         | environment.
        
           | ClumsyPilot wrote:
           | What do you mean? Of course price-fixing and market
           | manipulation works, that's why criminals do it!
           | 
           | There is no limit to Price fixing for inelastic good like
           | food, housing and medicine.
        
             | nurtbo wrote:
             | Totally agreed. I'm unclear whether eliminating this (or
             | even all) mechanism for price fixing on rent will cause
             | prices to drop.
        
           | indecisive_user wrote:
           | It's only profitable _because_ of price fixing. You don 't
           | have to worry about vacancies when all your competition has
           | agreed not to undercut you.
           | 
           | Without the price fixing though, apartment complexes will
           | actually have to compete against each other on rent.
        
       | josh-sematic wrote:
       | IIUC it's still valid to use an algorithm to recommend prices,
       | but you're not allowed to make an agreement with a competitor
       | that you will both use the same alg? Or is this saying that any
       | algorithm which takes competitor prices into account is out-of-
       | bounds?
        
         | spamizbad wrote:
         | The former (you can't collude with a competitor to use the same
         | algorithm to set prices)
        
           | lazide wrote:
           | How can you collude with someone you don't communicate with
           | in any way?
        
             | dkjaudyeqooe wrote:
             | By using a third party software or service that sets a
             | price, knowing that your competitors are doing the same.
        
               | SoftTalker wrote:
               | Is it collusion to go to a rental search site and survey
               | the asking rents, then asking similar for your property,
               | knowing that your competitors are (probably) doing the
               | same?
               | 
               | Is it collusion when a gas station manager drives around
               | the neighborhood, looks at the competitors posted price
               | for gas, and sets his prices the same?
        
               | dkjaudyeqooe wrote:
               | Neither of those examples are what I described and are
               | perfectly fine.
               | 
               | You have to use a third party that is setting a price and
               | stick to that, knowing others are doing the same. You're
               | describing individuals determining their own price using
               | their own judgement.
        
               | dugite-code wrote:
               | I think the argument in this case is the algorithm is
               | effectively acting as a single agent that will always
               | come to a fixed price and is actively recommending having
               | vacancies to prevent competition.
               | 
               | Where as if individuals are assessing the prices they are
               | in a sort of prisoners dilemma, if they leave a property
               | vacant someone may lower the average price meaning they
               | can't recoup the lost earnings when it is occupied. So
               | their best bet is to keep a property occupied as much as
               | possible.
        
               | makeitdouble wrote:
               | IANAL but it probably would it you did it whatever the
               | circumstances.
               | 
               | If you were the cheapest gas station in the neighborhood
               | with prices appropriate to your operation but one day
               | decide to align your price to your competitors and keep
               | adjusting your price to whatever they set while nothing
               | changed for you, that feels like the very definition of
               | price fixing.
        
             | fragmede wrote:
             | "in any way" is doing a lot of work there though. The way
             | they're using a 3rd party algorithm is effectively
             | communication and the FTC isn't standing for it.
        
             | dragonwriter wrote:
             | Communicating with a common intermediary is, or at least
             | can be, indirect communication.
             | 
             | This was, e.g., the case in the major ebook price fixing
             | case where Apple was the common intermediary between the
             | publishers.
        
             | lodovic wrote:
             | Everyone is colluding with the middle man
        
         | bobthepanda wrote:
         | There were antitrust suits filed against RealPage after a
         | ProPublica piece
         | 
         | > In one news release, Realpage offered its property management
         | clients the ability to outsource daily rent-setting and revenue
         | oversight. "We believe in overseeing properties as though we
         | own them ourselves," the company said in a presentation that
         | plaintiffs' lawyers referenced in the lawsuit.
         | 
         | > The lawsuit quoted one unnamed witness, a RealPage pricing
         | advisor, saying that some pricing advisors told property
         | management employees that they had to follow the software's
         | recommendations. A leasing manager at a RealPage client said,
         | "I knew [RealPage's prices] were way too high, but [RealPage]
         | barely budged" when the manager asked to deviate from the
         | suggested rent.
         | 
         | > An update to the software tracked not only clients'
         | acceptance rate, but also the identity of the landlords' staff
         | members who had requested a deviation from RealPage's price,
         | the lawsuit said. Compensation for some property management
         | personnel was even tied to compliance with the company's
         | recommendations, it said.
         | 
         | So if this is true, this also means that managers are being
         | compelled to adopt the recommendations more than as mere
         | suggestions.
         | 
         | https://www.propublica.org/article/doj-backs-tenants-price-f...
        
         | __s wrote:
         | Reading linked doc, sounds like first
         | 
         | But yeah, your latter case sounds easy to fall into gray
         | territory, since it seems illegal to agree on prices even if
         | intermediary makes it unclear with whom exactly you're agreeing
         | with
        
         | advisedwang wrote:
         | The law doesn't work on hard and fast rules like that. It's
         | more like "If the effect is that you are working together to
         | set prices, that's illegal", regardless of whether you use
         | algorithm A or B, regardless of whether you share prices in
         | advance or watch how other companies set prices, regardless of
         | any details of the mechanism.
         | 
         | If you use the same algorithm it's not necessarily illegal, but
         | it will be if it results in price fixing. If you take into
         | account competitors prices its not necessarily illegal, but it
         | will be if it results in price fixing.
        
           | lazide wrote:
           | What is the definition of price fixing in this world?
        
             | makeitdouble wrote:
             | Reducing consumer choice by artificially setting sinilar
             | prices as comptitors.
        
             | ClumsyPilot wrote:
             | Taking competition our from the market mechanism
        
             | StewardMcOy wrote:
             | We can start with what is definitely price fixing and work
             | our way up to why algorithmic pricing is price fixing.
             | 
             | To keep things simple, let's say a city has two landlords,
             | Alice and Bob, who each own around half of the residential
             | rental properties in the city.
             | 
             | Textbook definition of price fixing is if Bob and Alice
             | agree to never rent for less than $5 per square foot.
             | 
             | Next scenario: Instead of a minimum price, let's say that
             | Bob and Alice agree a formula on how to price their
             | properties based on vacancies. The formula can be as simple
             | or as complicated as you like. But in this scenario, if the
             | formula never gives them a result less than $5/square foot,
             | it has the exact same outcome as the textbook scenario. And
             | since there is direct coordination between Bob and Alice,
             | this is definitely price fixing. In fact, it's even worse
             | than the textbook scenario, because now they're
             | coordinating on exact prices, and not just a minimum.
             | 
             | Forgetting formulas for a minute, let's say Charlie, who is
             | unrelated to Alice and Bob, approached them separately and
             | offered to sell them information on how to set their
             | prices. In this case, there's no algorithm involved. They
             | each pay Charlie a small fee per month, and he tells them
             | not to rent for less than $5 per square foot. There's no
             | direct communication between Bob and Alice, but because
             | they both know that the other is acting on the same advice
             | from Charlie, the result is the same as the textbook
             | scenario. You could even argue that there is indirect
             | communication between them, and that Charlie is running
             | some kind of price laundering service.
             | 
             | Finally, you can combine the two. Bob and Alice both tell
             | Charlie how many vacancies, delinquent payments, etc. they
             | have. Charlie feeds all the data into his computer, which
             | contains a really complicated formula, and that computer
             | tells them how much to charge. And wouldn't you know it,
             | that formula never produces a result less than $5/square
             | foot. Again, because Bob and Alice know that the other is
             | using this service, and because they have an exact price,
             | rather than a minimum, they know they don't have to
             | negotiate with potential customers. The other landlord
             | won't give that customer a better deal.
        
             | dragonwriter wrote:
             | Its worth noting in US federal law, there isn't a distinct
             | statutory prohibition or definition of price fixing. "Price
             | fixing" is a description of one general pattern of
             | violation of a _very_ broad statutory language in the
             | Sherman Act (15 USC SS 1) prohibiting "Every contract,
             | combination in the form of trust or otherwise, or
             | conspiracy, in restraint of trade or commerce among the
             | several States, or with foreign nations".
             | 
             | State competition laws may have separate rules for price
             | fixing and other specific kinds of behavior or have
             | similarly broad language to the Sherman Act.
        
         | rocqua wrote:
         | A situation where you could offload pricefixing to the
         | algorithm is bad. Any algorithms that can't do the price fixing
         | for you are fine.
        
       | kirse wrote:
       | After pricing auto insurance recently it's pretty obvious this is
       | happening in that industry as well. While shopping around
       | multiple quotes across 7-8 providers and calling at least 5
       | separate insurance agents to try to gather quotes, all of these
       | companies are providing similar quotes within a few cents/dollars
       | of each other.
       | 
       | I vent my frustration to a few agents about the yearly rate
       | increase insanity and they all shrug, give their non-empathetic
       | "I understand" telephone script and blame it on the "system"
       | calculating the prices and make some useless excuse about
       | inflation.
       | 
       | I've got a clean driving record, a fully paid-off cheap vehicle,
       | in a reasonably responsible age bracket, and the cost of decent
       | auto insurance these days is essentially another car payment.
       | Within 5 years I'll have paid back the insurance company 60-70%
       | the value of the vehicle. The Gov/FTC needs to take a look at
       | these companies, especially if they're forcing us to hold the
       | insurance to reasonably participate in society.
        
         | tpmoney wrote:
         | Aren't most insurance rates / rate ranges set by the states?
         | And any further variance is down to the actuarial tables? It
         | seems pretty reasonable that most of your quotes would be
         | within a few dollars of each other because they're all insuring
         | the same risk, in the same location, under the same legal
         | framework.
        
           | kirse wrote:
           | _Aren 't most insurance rates / rate ranges set by the
           | states? And any further variance is down to the actuarial
           | tables?_
           | 
           | If that's true, I certainly couldn't find a table on
           | allowable rate ranges when I did some basic research on
           | pricing and what factors influence it. Certainly open to
           | being schooled on how auto insurance works.
        
             | phonon wrote:
             | It's all publically available.
             | 
             | Filings are done through the SERFF system.
             | 
             | So Google SERFF and say "NY". (which will take you to
             | https://filingaccess.serff.com/sfa/home/NY )
             | 
             | Then search by carrier, line of business etc. You want
             | "rate" filings. You will find a report by an actuary, lots
             | of justification explaining price changes, correspondence
             | between the company and regulators asking/answering
             | questions, details on how the rate changes will affect
             | current customers, etc.
             | 
             | SInce most rate filings are to adjust current in force
             | rates, they don't always repeat all the underlying details.
             | With a little more effort you can look up initial rate
             | filings, and they will walk through methodologies in more
             | detail.
             | 
             | Once those prices are filed, they are locked in (for
             | consumer types of insurance). Companies can't deviate in
             | any way. (including giving unauthorized discounts).
        
               | kirse wrote:
               | This is great and really well organized, thanks for
               | sharing!
        
         | iudusuux wrote:
         | Not quite right. Auto insurance is a commodity. They don't have
         | price fixing per the same way housing does. Also they are
         | heavily regulated and their prices probably have to be approved
         | by your state.
        
         | Ekaros wrote:
         | I wonder if they actually have that much margin to give
         | discounts... Or are the prices already at or near lowest
         | possible level... After all outgoings must be lower than
         | incoming in on sufficiently long term. Has something pushed the
         | pay outs too high, compared to what is being paid.
        
           | jethro_tell wrote:
           | I'd expect the cost of cars, which is has become tethered to
           | 'monthly payment' instead of actual cost.
        
         | sroussey wrote:
         | Insurance is based on the cars you may hit that are not your
         | own. Prices have been going up. So not surprised.
        
           | seanmcdirmid wrote:
           | Liability insurance is based on other people's cars.
           | Comprehensive and collision is based on your own car.
        
             | xapata wrote:
             | Liability is more about medical costs, no? If it were
             | bounded to vehicle cost, I'd self-insure.
        
               | seanmcdirmid wrote:
               | I'm sure car insurers pay out significantly more for
               | vehicle damage than person damage. Most accidents don't
               | involve harm, but body shops are getting expensive. For
               | WA:
               | 
               | > In 2019, there were 45,524 reported car accidents in
               | Washington State. Although 32,106 resulted in no
               | injuries, 325 were fatal and 973 resulted in serious
               | injuries.
               | 
               | https://www.weierlaw.com/dealing-with-an-auto-accident-
               | in-wa....
        
               | bombcar wrote:
               | The first dollar of insurance coverage is the most
               | expensive, because any claim hits it.
               | 
               | Going from $100k to $2m is often quite cheap,
               | comparatively.
        
               | seanmcdirmid wrote:
               | The number of claims over $100k are much less frequent,
               | which is why it is cheaper to raise your cap.
        
               | Marsymars wrote:
               | I've wondered what happens if I have an at-fault
               | collision where I total a hypercar whose value exceeds my
               | maxed-out $2 million liability coverage. Can the car
               | owner come after me for the difference?
        
               | toast0 wrote:
               | Yes, you're ultimately liable for damages you cause.
               | 
               | I would expect your insurance to ask the damaged party to
               | release you from further liability as a condition of
               | accepting settlement at the coverage limits, but if the
               | damages are significantly over the coverage limits _and_
               | it seems likely that they could significantly collect on
               | a judgement beyond your coverage, it 's a possibility.
               | 
               | Umbrella insurance can go up to much higher limits ($2M
               | is maybe already be an umbrella policy), sometimes up to
               | $10M is easy to get, and depending on your insurer, often
               | the upper millions are much less expensive. The tail risk
               | is pretty small. If you're worried about it, may as well
               | ask for quotes at $5M and $10M.
        
             | Scoundreller wrote:
             | > Liability insurance is based on other people's cars.
             | 
             | This is what I dislike about insurance. If someone hits my
             | (hypothetical) $100k car and ruins it, I win $100k, but if
             | someone hits my $1k car, I only win $1k.
             | 
             | Yet the person that hit me did precisely the same
             | action/error.
        
               | lotsofpulp wrote:
               | Insurance is not a punitive fine or lottery. If someone
               | drives into your house and causes $100k in damage, you
               | would also get $100k (assuming the minimum legal coverage
               | is that high, which it might very well not be in many or
               | even all states).
               | 
               | I specifically recall New Jersey letting poorer people
               | drive "insured" by letting them purchase insurance for
               | effectively fender benders, and if they caused more
               | damage, good luck pursuing them.
        
               | Scoundreller wrote:
               | > Insurance is not a punitive fine or lottery
               | 
               | It functions as one, regardless of intentions.
               | 
               | You could also look at this the other way: the person
               | driving the rust-bucket with 0 functioning airbags might
               | win more injury compensation than the individual driving
               | something solid with 9 airbags and walks away.
        
               | Horffupolde wrote:
               | That's called moral hazard.
        
               | vkou wrote:
               | The point of insurance is to make you whole, not to make
               | you better off.
               | 
               | If it did, you'd have more incentives for insurance
               | fraud.
               | 
               | (Also it's the other guy's insurance that pays for it,
               | and if the insurance industry disappeared overnight, and
               | you had to sue for damages directly, no judge would award
               | you more than the damages you sustained. (For an honest
               | accident.))
        
               | eiderman wrote:
               | A big problem at the lower end is that insurance
               | companies don't value cars based on their utility. I have
               | a well maintained older car that is reliable and I trust
               | the work that has been done, but it would be valued at
               | around $2k by insurance. In order to buy a car with
               | similar reliability would be closer to $5k. If someone
               | else hits my car, it will be probably totaled at current
               | repair prices and so I will have lost ~$3k.
        
               | Scoundreller wrote:
               | Indeed, it doesn't take much damage for the insurance
               | company to declare a low-end vehicle a total loss and
               | salvage it instead of repairing. Could be just cosmetic
               | damage and you find yourself in that problem.
               | 
               | As a result, I don't pay for coverage for my own vehicle
               | in case I'm at fault. My jurisdiction now lets me opt-out
               | of repair coverage _others_ are at fault, but I couldn 't
               | stomach that. I think it's just for rental car cos that
               | have their own repair facilities and to avoid ever
               | getting a salvage title.
        
               | kelnos wrote:
               | Why do you dislike that? The purpose of insurance is to
               | help protect against losses. If you don't have a $100k
               | car, you can't lose it.
               | 
               | And this is reflected in your insurance premium. The cost
               | to insure your own car is lower if you have a less
               | expensive car.
               | 
               | I do, however, think it's a bit unfair if you have to pay
               | more for liability insurance because _other people_ have
               | chosen to buy more expensive cars.
        
               | Scoundreller wrote:
               | > think it's a bit unfair if you have to pay more for
               | liability insurance because other people have chosen to
               | buy more expensive cars
               | 
               | Yes, this. You can opt-out of insurance for your own
               | vehicle if you want, but generally required to buy some
               | minimum for everyone else's property that might be
               | involved.
        
               | jrockway wrote:
               | This doesn't bother me. It's about making you whole after
               | random events. It's better to imagine a meteor hitting
               | your car. If it turns your $100k car into a crater, you
               | have a $100k car afterwards. If it turns your $10k car
               | into a crater, you have a $10k car afterwards. If the
               | meteor hits a big open field, you still have your car.
               | It's like meteors no longer exist, so you no longer need
               | to worry about them. That's all insurance is.
        
             | SoftTalker wrote:
             | It's based on a whole lot of things. Drivers of Ford
             | Mustangs may be involved in more accidents than drivers of
             | Toyota Corollas. The number of miles you drive, and for
             | what purpose, and your personal accident history, and your
             | age and sex and marital status and whether you live in an
             | area with snow and ice in the wintertime or not, all factor
             | in to the rate you are charged.
        
           | dylan604 wrote:
           | The price to repair cars are also going up which is making
           | the payout claims cutting into profit margins. So the
           | solution is obvious
        
           | akira2501 wrote:
           | Insurance is based on the coverage I purchase. Are you saying
           | the insurance company is instead selling me an unlimited
           | amount of liability based on the price of _other_ cars and
           | not the $50k of coverage that I selected when I bought the
           | policy?
           | 
           | How is that justified? $50k is $50k.
        
             | mattkrause wrote:
             | Perhaps it would make more sense to think of it as buying
             | "up to $50k";they're certainly not paying out the whole
             | amount every time.
             | 
             | If more expensive cars leads to more expensive claims _on
             | average_ , the price of insurance might reasonably go up
             | even if the worst-case exposure is the same...
        
               | Ekaros wrote:
               | I wonder if the spike in prices of used cars have also
               | affected this. If average "book value" of car has gone
               | up, then the write off cost has also gone up
               | substantially. So cars might be same, but their value is
               | now substantially higher, while still being under the
               | 50k.
        
               | Scoundreller wrote:
               | Used cars went up in value because new cars went up in
               | value. There's no sudden interest in driving used.
        
               | akira2501 wrote:
               | It does somewhat but that coverage also extends to
               | medical injuries that I may cause. Those costs have been
               | skyrocketing for years without seeming like they made a
               | similar impact in insurance prices.
               | 
               | I guess underwriting is less a game of building an
               | appropriate liability shield but undercutting that
               | liability shield as much as is profitable without at the
               | same time bringing the company into insolvency.
               | 
               | I had always wished the idea of "open source" would have
               | translated to some of these industries. Particularly
               | given the level of technology available, instead of
               | making the system easier to use and more transparent,
               | they've made the easier to manipulate while blinding the
               | consumer to any part of the process.
        
         | ensignavenger wrote:
         | As another anecdote, I get very different quotes for auto
         | insurance from different companies.
        
         | mschuster91 wrote:
         | > I vent my frustration to a few agents about the yearly rate
         | increase insanity and they all shrug, give their non-empathetic
         | "I understand" telephone script and blame it on the "system"
         | calculating the prices and make some useless excuse about
         | inflation.
         | 
         | Thing is, they're not wrong. The cost of accident coverage has
         | gone up, actually way beyond inflation - assume you hit a Tesla
         | and it sits around 9 months until Tesla can be arsed to get
         | spare parts, your insurance will be billed for the damage
         | itself as well as a loaner car for the counterparty. And damage
         | repairs themselves have gotten more expensive as well: what
         | used to be a simple bend that your everyday farmer neighbour
         | could fix with the basic tools in his garage all while being
         | drunk out of his mind isn't even possible with modern cars made
         | from aluminium or carbon-fiber composite, not to mention all
         | the tech like distance sensors that go into modern fenders
         | which has to be replaced and carefully recalibrated.
         | 
         | On top of _that_ come all the issues with regular inflation
         | (e.g. labor cost, real estate rental for shops) and the
         | aftereffects of the covid pandemic and its supply chain shocks
         | (there 's _still_ a massive number of car carcasses that couldn
         | 't be completed and now get priority in parts delivery).
         | 
         | [1] https://www.carscoops.com/2023/11/tesla-owners-stuck-
         | waiting...
        
           | Scoundreller wrote:
           | > all the tech like distance sensors that go into modern
           | fenders which has to be replaced and carefully recalibrated
           | 
           | Weren't all those sensors supposed to reduce collisions, your
           | fault or by others'?
        
             | bombcar wrote:
             | Even if they cut collisions by 50% or more, if they more
             | than double the _cost_ of the ones that still happen, it's
             | a wash.
             | 
             | Still worth it, likely, because saving lives doesn't really
             | have a dollar amount (cue fight club) - but certainly
             | there.
             | 
             | Old steel bumpered cars would have zero costs at 0-5 mph
             | collision; plastic breaks even at nearly zero. But the
             | newer car safety is much higher.
        
         | dools wrote:
         | I wouldn't be surprised if this was caused by concentration in
         | the under writing market. You might find a lot of insurance
         | companies at a thin retail layer on top of a very small
         | wholesale layer.
        
         | mint2 wrote:
         | The cost is due to the increasing repair costs to other people
         | vehicles, not mainly your own. You also don't have to get
         | collision and comprehensive coverage, or at least not with a
         | low deductible. Then you're really just paying for the damage
         | you cause to others and in that case your vehicle cost doesn't
         | mean anything at all.
         | 
         | Also, not sure your state or credit score but if you're not in
         | CA you'll need good credit to get good rates. The only way to
         | change that is government regulation.
         | 
         | Also if you're getting the same rates from different places, it
         | sounds like you're being quoted the same company not different
         | companies. If you aren't going directly to the actual insurance
         | companies website, that's what's happening.
        
           | tomrod wrote:
           | > The cost is due to the increasing repair costs to other
           | people vehicles, not mainly your own.
           | 
           | That doesn't sound right to me. That would mean only the
           | liability component is increasing in cost, but aren't the
           | percentages being applied across the board?
        
         | nostrademons wrote:
         | Labor market as well. Many large companies shell out for a
         | salary survey of what other peer companies are paying for
         | similar roles, and then set their wages based on that. That's
         | price fixing. If it were a person calling around to all your
         | competitors and saying "Hey, what are you paying for a senior
         | SWE, we'll pay that too", it'd be illegal.
        
         | spencerchubb wrote:
         | I work in insurance. Most states have a Department of Insurance
         | who approves price changes. Insurance prices are calculated
         | using simple features, such as "If car is from year 2016, then
         | multiply price by x"
         | 
         | However, the numbers are not publicized because they don't want
         | competitors to have that info.
         | 
         | Another fun fact, a lot of people wonder, "Why doesn't an AI
         | startup just disrupt the insurance industry?" It's because the
         | Departments of Insurance have to understand the price formulas.
         | Neural networks are infamously hard to interpret, so we would
         | have to reform regulations before we can use neural nets.
        
           | robocat wrote:
           | > Why doesn't an AI startup just disrupt the insurance
           | industry?
           | 
           | Also insurance requires that the insurer discriminate a good
           | driver from a poor driver. However they should not
           | discriminate against a protected status.
           | 
           | Good luck setting up a system that can only discriminate
           | using some signals and not others.
           | 
           | It is a good mental exercise trying to think of ways to set
           | up a startup that can discriminate without being obvious
           | about it.
        
             | lotsofpulp wrote:
             | > Good luck setting up a system that can only discriminate
             | using some signals and not others.
             | 
             | This is the current system.
        
               | thwarted wrote:
               | And an AI based system wouldn't correct that, it would
               | only make it even more opaque.
        
               | jandrese wrote:
               | The requirement isn't to avoid discrimination, it is to
               | not get caught. That somewhat opaque "AI" layer is great
               | for that.
        
               | CydeWeys wrote:
               | And if it's actually systematically charging e.g. a
               | specific minority more than other people, it will get
               | caught in a hurry and end up being hugely costly for the
               | company.
               | 
               | This kind of stuff is easy to catch. A single person
               | typing some different parameters into an insurance quote
               | webpage can catch it.
        
               | jandrese wrote:
               | It's one thing for people to know what you are doing,
               | it's another to prove it in a court of law, or even to
               | get law enforcement interested in the first place.
        
               | tomrod wrote:
               | Nah, there are some nice metrics to capture disparate
               | impact between categories. Check out Microsoft's
               | fairlearn library some time.
        
               | BlueTemplar wrote:
               | Until you are forced to explain exactly how your helper
               | algorithm came to that conclusion, explaining the logic
               | and calculations step by step in easy to understand
               | language... (With the "I can't" not being an acceptable
               | answer.)
        
           | thwarted wrote:
           | _It 's because the Departments of Insurance have to
           | understand the price formulas. Neural networks are infamously
           | hard to interpret, so we would have to reform regulations
           | before we can use neural nets._
           | 
           | I'd like to know that the methodology is understandable and
           | defensable and correctable, and having "an AI startup"
           | disrupt with neural networks isn't going to do that. _At
           | best_ it will just be another excuse used to justify the
           | state of the industry,  "the computer said it so it must be
           | right". Reforming regulations so it can be made even less
           | transparent is not the way to go.
        
           | tomrod wrote:
           | > Why doesn't an AI startup just disrupt the insurance
           | industry?
           | 
           | More than this, it's a fundamental misunderstanding of what
           | AI is and what it can do to ask this sort of question.
           | 
           | Best thing I've seen come on the market was Root, based in
           | Columbus and founded by a former Finance director from
           | Nationwide insurance. It used your cell phone to send
           | telemetry signal to classify your driving behavior.
        
           | nerdponx wrote:
           | What's interesting though is that while pricing is strictly
           | regulated, underwriting is significantly less regulated, at
           | least in P&C commercial insurance. Insurance companies have
           | been exploring the use of ML and AI for that task since at
           | least 2017, when I got a job doing precisely that.
           | 
           | Also, things like machine learning for image recognition in
           | claim photos, satellite data, etc. has also been in use for
           | at least the same amount of time.
           | 
           | I believe the Lemonade renters insurance product also does
           | some kind of "AI" claims processing. I wouldn't know what
           | that looks like, my focus when I was in insurance was solely
           | in underwriting.
        
           | wolverine876 wrote:
           | I'm not sure what that means: How does that explain the
           | widespread and large price increases, and the GP's
           | experience?
        
           | phonon wrote:
           | > the numbers are not publicized because they don't want
           | competitors to have that info.
           | 
           | What do you mean? Pricing is all publically available
           | (sometimes not _all_ the details that feed into the model
           | that create the pricing tables.) You can search SERFF by
           | carrier, by line, by State, and read the actuarial filings.
           | 
           | Most of the time, pricing is refined by looking at prior
           | year(s) losses, and adjusting. You go to the State, explain
           | how much you've been losing, and they review. All that
           | correspondence is public as well.
        
         | ejb999 wrote:
         | The fact that you car is 'cheap', is not the driving force
         | behind the cost - you may drive a $10K used car, but you can
         | still crash into someone else's $120K car and also put the
         | other driver in the hospital with 100's of thousands of dollars
         | of medical expenses.
         | 
         | Once your car is paid off, you can usually drop the collision
         | damage on your own car - but don't be surprised if you are
         | still paying thru the nose.
         | 
         | Curious though: what state are you in, and how much are you
         | paying?
         | 
         | As comparison, we own three cars (2015, 2013 and 2011), for
         | three drivers (youngest is 21) and have pretty decent level of
         | coverage, including coverage for damage to our cars even though
         | they are paid off - and only pay ~$1600/year in total for all
         | three cars/drivers in Mass, which to me seems pretty
         | reasonable.
        
           | tomrod wrote:
           | > not the driving force behind the cost
           | 
           | Great. Socialize healthcare as the current non-single-payor
           | market is forcing all sorts of market distortions in
           | unrelated markets, AND fix the price fixing. Win win win.
           | 
           | ED: adding clarity for the call for socializing healthcare to
           | dampen the massive price distortions in other markets.
        
             | timy2shoes wrote:
             | > Socialize healthcare as it is forcing all sorts of market
             | distortions
             | 
             | I don't understand how you come to this conclusion. Can you
             | explain?
        
               | margalabargala wrote:
               | If a large portion of the cost of auto insurance is to
               | pay for potential injuries to someone that you hit, then
               | we can conclude 1) single-payer healthcare would
               | significantly lower the cost of auto insurance, and
               | conversely, 2) the lack of single-payer healthcare is a
               | significant contributor to the current state of auto
               | insurance markets/pricing.
        
               | timy2shoes wrote:
               | I completely agree with your assessment and logic, but
               | the parent posted suggested that socialization of
               | healthcare (e.g. ObamaCare) is contributing to auto
               | rates. That I don't understand.
        
               | margalabargala wrote:
               | Looking again, I think their comment can be parsed in
               | multiple ways.
               | 
               | > Socialize healthcare as it is forcing all sorts of
               | market distortions in unrelated markets
               | 
               | I interpreted that as a call to socialize healthcare, not
               | a description of market effects that "socialized
               | healthcare" has to the extent that exists in the US.
        
               | tomrod wrote:
               | Your interpretation of what I posted is correct. My
               | apologies for the lack of clarity. Comment has been
               | edited.
        
               | SoftTalker wrote:
               | No, because injury claims also include lost income,
               | compensation for disability, pain and suffering, etc. not
               | just medical expenses.
        
               | morkalork wrote:
               | It makes sense with some extra punctuation: Great.
               | Socialize healthcare. As it, is blah blah.
               | 
               | If you want even cheaper car insurance, you can even go
               | beyond socialized healthcare. You can have socialized car
               | insurance! Or in some cases a hybrid system where you
               | insure _your_ vehicle but not all trauma and damage to
               | the other party. But I don 't think Americans would be
               | a-okay with seeing a government employed doctor when they
               | make their injury claims. Even if outcomes are better
               | than a purely private system.
        
             | maxboone wrote:
             | Healthcare is socialized in Europe and car insurance is
             | still similarly priced (750 - 1500 per year, average in NL
             | is 950 per car for only liability) mostly due to liability
             | costs.
             | 
             | Required insurance covers EUR 7.5 million for personal
             | injury, EUR 2.5 million for property damages.
             | 
             | Edit: P.S. I am in favor of single-payer healthcare, I just
             | don't think that is the particular cause of expensive
             | liability car insurance - rather personal injury and
             | property damages would seem a larger driver to me.
        
               | margalabargala wrote:
               | This is interesting to me, an American unfamiliar with
               | European systems.
               | 
               | > Required insurance covers EUR 7.5 million for personal
               | injury
               | 
               | So in Europe (or at least some parts of Europe with
               | otherwise socialized healthcare?), if someone is injured
               | in a car accident, their medical bills are paid for by
               | the insurance of the person who hit them, and not that
               | country's single-payer system?
        
               | maxboone wrote:
               | No, those are not billed to the person who caused the
               | injury.
               | 
               | The personal injury part is meant to compensate for
               | personal injury, such as "compensation" for becoming
               | unable to work, or live the same way as before.
        
               | InsomniacL wrote:
               | The injured party may decide to receive treatment though
               | a private facilitate and recoup the cost from the
               | insurer.
               | 
               | Regardless, if I loose my leg through the negligence of
               | someone else, paying for the amputation isn't going to
               | make me 'whole' again.
               | 
               | you'd have to put a literal price on my leg.
        
               | tomrod wrote:
               | I believe the phrase of art for this is value of
               | statistical life.
        
               | orwin wrote:
               | I think in my country, the single-payer system is still
               | linked to an individual, by his social security number,
               | so the culprit's insurance will "pay", even though what
               | will be paid in healthcare will mostly be aestethics or
               | other non-reimbursable. But mainly, it will pay for
               | damages. In my country, f you are hurt in a car accident,
               | you can be paid depending on your average salary and
               | invalidity percentage, called an "invalidity rent". If
               | docotr estimate you're invalid at 80%, you'll get paid
               | 80% of your last month salary until they check on you
               | again, then if you're 40% invalid its 40% of your salary
               | (before the accident, even if it was years before)... up
               | until you're fine. I think they have to give you at least
               | 10% as long as you have sequellas, even minor ones. That,
               | plus fixed damages (between 5k and like 40k).
               | 
               | It isn't perfect. It doesn't take into account missed
               | career oportunities, inflation, the pain, or mental
               | issues. But you can work besides the money they give you,
               | and oftentime, you'll get the 10% for a long time,
               | because paresthesias (whatever that thing is spelled in
               | english) and small sequellas can stay for a long time (I
               | know soemone who earn roughly 200EUR per month, but she
               | has trouble working in most kitchens now. She used the
               | main check to get into academia though, and will probably
               | end up with a master's degree for her troubles).
        
               | lozenge wrote:
               | I'm in the UK so we don't have "medical bills", the
               | hospital doesn't have a billing system. There is one they
               | dust off for international patients, and there is
               | internal billing between regional and local
               | organisations, but these bills aren't attached to
               | individual patients. Edit: to be clear, this is unlike
               | most European countries which still have multiple health
               | insurance providers, but the health insurance is almost
               | entirely government paid. The UK doesn't have health
               | insurance, the government directly funds and runs the
               | healthcare providers.
               | 
               | Still the insurance needs to cover loss of income,
               | private care when NHS care is not fast enough, and
               | "general damages" ("This covers the pain and suffering
               | you have gone through and the [non financial] impact the
               | injury or illness has had on your life")
        
               | Retric wrote:
               | Car insurance in Europe averages ~1050 USD/year, US
               | averages edit: $2,545 USD/year that's a huge difference
               | IMO.
        
               | maxboone wrote:
               | Even when you put it next to the average (or better,
               | modal) wages?
        
               | tomrod wrote:
               | Yep. Median wage in Belgium is ~3.5k euro / month,
               | equivalent to ~3.8k USD / month. Median US wage is
               | ~4.9k/month, about 30% higher, certainly not 150% higher.
        
               | orwin wrote:
               | Belgium is definitely an outlier. It's 2k after taxes and
               | contribution in France (so like 2.9k/3.1k if you are
               | working for the state or a private company)
        
               | tomrod wrote:
               | The other comment thread walked through the UK example as
               | well. American insurance is over priced.
        
               | Retric wrote:
               | Yea, though wages and rates vary enough it's worth
               | looking at individual countries.
               | 
               | England is an outlier. Average wage works out to
               | 44,252.67 USD (PS34,963/year) vs US is at 70,248.63.
               | 
               | Average car insurance in England is 710.06 USD
               | (PS561/year) vs 2,545 USD in United States.
        
           | Retric wrote:
           | The national annual average for car insurance is $2,545 per
           | year for full coverage and $741 per year for minimum
           | coverage.
           | 
           | Massachusetts is a severe outlier in terms of car insurance
           | and your well below the norm. MA averages 1646/person/year vs
           | 3950/person/year in Florida.
           | https://www.bankrate.com/insurance/car/states/#average-
           | car-i...
        
             | ejb999 wrote:
             | Yikes! That is quite expensive compared to what I pay.
        
             | MaKey wrote:
             | How come car insurance is so expensive in the US? In Europe
             | it's vastly cheaper and the policies themselves are much
             | better.
        
               | Retric wrote:
               | I don't know the exact calculations but people in Europe
               | have nationalized healthcare, more easily lose their
               | license, drive less, and generally have smaller and
               | cheaper vehicles.
        
               | lozenge wrote:
               | Well traffic deaths per capita are about double in the US
               | so that probably carries over to other insurance-
               | triggering incidents.
        
           | orwin wrote:
           | I think the average cost per year per person in my country is
           | 1500EUR, so it is actually way cheaper than what i expected
           | for the US.
        
         | vkou wrote:
         | You're not paying to insure the car, you're paying to insure
         | yourself against a crash where you land someone with a
         | 5-million dollar hospital and lifelong disability bill.
         | 
         | The price of a car is trivial compared to the price of a
         | person.
        
           | lotsofpulp wrote:
           | I don't think I have seen more than $500k liability coverage,
           | at least not in the drop down menus when shopping for auton
           | liability insurance.
           | 
           | $5M is firmly in umbrella insurance or suing the at fault
           | driver territory.
        
             | bombcar wrote:
             | They won't sell you umbrella until you max the other
             | policies, but at some point you're not paying against
             | future judgements you're paying against the future
             | insurance company's lawyers defending the case.
        
         | switch007 wrote:
         | I see lots of people are just parroting insurance PR of "repair
         | costs are up". I'd love to see the data and see if it justifies
         | the hikes in insurance costs I'd also love to see the average
         | repair cost by part, broken down by whether it's the insurance
         | company paying or an average Joe privately
        
           | Scoundreller wrote:
           | People choosing to drive more expensive (and physically
           | punishing in the event of a collision) vehicles is some part
           | of it. But insurance companies like that, so they're not
           | about to include that in their PR script.
        
         | gzer0 wrote:
         | Shamelessly greedy auto insurers like Progressive and Travelers
         | are raking in record profits and enjoying sky-high stock
         | prices, with Travelers even surpassing a $100 billion market
         | cap, yet they still have the audacity to gouge policyholders
         | with double-digit rate hikes up to 45%. If payouts truly
         | exceeded premiums during the pandemic as these corporate
         | behemoths claimed, how can they now be pocketing their fattest
         | profits ever after the extreme hikes? The simultaneous jackpot
         | profits and outrageous increases in what people pay expose the
         | insurers' justifications as bald-faced lies. The industry
         | giants are clearly bamboozling regulators and customers simply
         | to boost their already-soaring income and profits at regular
         | folks' expense. Their profiteering tactic: fabricated reasons
         | to hike rates exorbitantly no matter what the economic reality
         | [1].
         | 
         | This needs to stop. We need change.
         | 
         | [1] https://www.wsj.com/finance/insurance-companies-profits-
         | stoc...
        
           | tacocataco wrote:
           | Is there a cheaper insurance company then these two?
        
         | dclowd9901 wrote:
         | Hate to say it, but 1) if your car is involved in just about
         | any kind of accident, it will be considered completely totaled
         | and 2) most cars will be in some kind of accident.
         | 
         | I think the numbers accurately reflect what insurance companies
         | will expect to pay out for claims. It's partly due to the
         | nature of vehicle design now and partly due to the cost of
         | repair.
        
         | fefefeffffeef wrote:
         | It sounds like you're ignoring quite a few things. First and
         | foremost that car insurance covers a heck of a lot more than
         | the cost of your car. It can also cover
         | 
         | - the cost of the other person's car
         | 
         | - your healthcare
         | 
         | - the other person's healthcare, including passengers in each
         | car
         | 
         | - damage to other property like buildings and equipment that
         | people drive into
         | 
         | - lost wages if you're too injured to work
         | 
         | - and a lot more.
         | 
         | The cost of a crash can be many times higher than the cost of
         | your car. Of course maybe you only have liability insurance,
         | which frankly is not a great idea and I would recommend getting
         | comprehensive coverage if you can.
        
         | kelnos wrote:
         | Insurance is usually regulated and prices (and increases) are
         | set and approved by a governmental body, at least in the US.
         | 
         | That's the more likely reason for similar insurance prices from
         | different providers.
        
         | CydeWeys wrote:
         | I haven't had auto insurance in nearly ten years (because I
         | don't own a car myself), and I gotta say, this is increasingly
         | saving me more and more money over time. Everything about cars
         | in the US is just getting so expensive (including the cars
         | themselves); I wonder when it will start collapsing?
        
         | nerdponx wrote:
         | This might be a different form of price-fixing.
         | 
         | You know how big-box retail stores will price match products?
         | That's in order to keep tabs on competitors' prices, and to
         | pose a credible threat of starting a price war. Keeping the
         | peace means keeping prices elevated above marginal cost.
         | 
         | Insurance companies rolling out online rate comparison tools
         | has a similar effect.
        
         | phonon wrote:
         | Auto insurance pricing is already very heavily regulated, by
         | State. Pricing and underwriting models are public (Search term
         | is SERFF + "State"). The fact is that costs continue to
         | increase for a variety of reasons.
         | 
         | State Farm, for example, lost over $14 Billion last year,
         | mostly from their Auto insurance line. Payments related to
         | losses were 95.2% of the premium they collected, resulting in
         | them having an overall -17% profit margin in that Line.
         | 
         | https://www.carriermanagement.com/news/2024/03/01/259296.htm
        
       | standardUser wrote:
       | > Rent is up nearly 20% since 2020, with the largest increases
       | concentrated on lower- and middle-tier apartments rented by
       | lower-income consumers. About half of renters now pay more than
       | 30% of their income in rent and utilities, and rising shelter
       | costs were responsible for over two-thirds of January inflation.
       | 
       | We need better rent stabilization laws. Not the ones we have in
       | many big cities that result in perpetually skewed markets and
       | $200/mo rents. But a more comprehensive approach including
       | requiring multi-year lease options, 12-month or greater rent
       | increase notice requirements, and rent increase caps that prevent
       | catastrophic rent hikes but still allow units to align with
       | market rates over longer timeframes.
       | 
       | Unfortunately, people prefer to strawman the entire concept by
       | pretending that the only "rent control" laws that can exist are
       | like those in NY or SF.
        
         | 58028641 wrote:
         | Doesn't rent control just reward people lucky enough to rent
         | before prices increased? Wouldn't increasing supply be a better
         | way to reduce prices?
        
           | seanmcdirmid wrote:
           | Ya, most rent control just rewards those that are there when
           | it happens, if it applies to new renters, supply eventually
           | seizes up.
           | 
           | I'm not sure what model parent thinks will work. Maybe rent
           | control light where price increases are limited but the limit
           | is highish? I can see that working out, limiting increases to
           | 1.5-2X inflation might keep the market fluid and provide some
           | stability to renters without locking new tenants out.
        
             | malermeister wrote:
             | The secret is for the government to make up for the
             | decrease in private supply. Vienna showed how it's done -
             | see this article for example:
             | https://citymonitor.ai/environment/housing/red-vienna-how-
             | au... There's a reason it's been #1 most livable city in
             | the world on several rankings for years in a row now.
        
               | seanmcdirmid wrote:
               | You need to have some residency control for that to work.
               | Otherwise, everyone would just flock to the most popular
               | cities for their discounted apartment. This also works in
               | Singapore, but only for qualified residents.
        
               | malermeister wrote:
               | What residency control does Vienna have?
        
             | thisgoesnowhere wrote:
             | Would you apply the same logic to how the market for real
             | estate unfairly rewards previous entrants?
             | 
             | My parents have seen a 4x increase in the value of their
             | house in 20 years, is that unfair?
        
               | seanmcdirmid wrote:
               | Yes! Buying your own home is the ultimate form of rent
               | control, even though property taxes increase over time
               | (and its even worse in CA with prop 13). Very unfair.
               | 
               | If we wanted to make the market fair, we would disallow
               | home owners all together. This effectively happens for
               | most people in some places in Europe. Also, I heard of
               | some places in Europe where if you own your own home, you
               | have to pay some extra tax vs. what you would have paid
               | in rent. I think Switzerland? They also had some form of
               | rent price control, although this just made it really
               | hard to rent an apartment even if you were willing to pay
               | more. These are fairly complex systems that all give
               | advantages to existing residents (so moving to Europe for
               | two years to do a post doc is much harder than it would
               | be if you did that in the USA).
        
               | thisgoesnowhere wrote:
               | Finally someone who has thought through the problem and
               | come out with the right solution. Great stuff
        
           | standardUser wrote:
           | "Rent control" can do any numbers of thing - it really
           | depends on the specific policies.
        
           | ruuda wrote:
           | Increasing supply decreases prices globally, but increases
           | them locally: https://www.astralcodexten.com/p/change-my-
           | mind-density-incr...
        
             | bombcar wrote:
             | So we coordinate- every single city increases supply at the
             | exact same time, causing all local prices to go up whilst
             | the average goes down.
        
           | vkou wrote:
           | Yes in the same way that social welfare rewards people lucky
           | enough to be born in your country.
        
         | Ekaros wrote:
         | 12 months or more to increase rent seems counter-productive. As
         | it would mean that what makes most sense for landlord is to
         | just increase by maximum each and every time as they cannot
         | forecast changes over such long period.
         | 
         | Still, capping increases to something like inflation+2%, and
         | making leases continuous with long termination periods would be
         | entirely sensible fixes.
        
           | lelandbatey wrote:
           | If inflation+2% is an acceptable rent change, I don't
           | understand how needing 12 months or more to increase rent is
           | a problem. The only thing a shorter time period allows is a
           | landlord to say "well, over this past 3 months we saw
           | inflation change by +-0% but 0+2 is still 2%, so we're
           | increase rent 2% in the next 3 months period".
           | 
           | And that doesn't seem like a good possibility.
        
             | Ekaros wrote:
             | 12 months seems rather extreme range to me. So what would
             | happen is that you rent a place, day after you move in you
             | get notice that yes we are going to increase rent by
             | maximum in a year. After all this is the most logical and
             | effective time to do it. Now cost might not increase as
             | much in year from that date, but landlord does not know.
             | Come next year, they again also don't know, so again max
             | allowed at time.
             | 
             | But instead, if you can notice rent increase let's say 1
             | month before year is full, they might look at what are
             | current cost and think oh, I could do with lower increase.
        
               | standardUser wrote:
               | One option is to require multi-year lease options. Most
               | commercial leases work that way. That creates a lot of
               | stability and predictability for the family, just as it
               | does for businesses.
        
               | Ekaros wrote:
               | My basis is continuous contract with let's say 3 or 6
               | month clause of termination under limited reasons. Like
               | purchase or taking unit to use by family. Or something
               | like large renovation...
        
               | bombcar wrote:
               | Commercial leases are also likely to be triple net and
               | other things; if you want a multi-year residential lease
               | you can get it but will pay a premium.
        
               | standardUser wrote:
               | Yes, give families the choice. Some will choose a lower
               | price with less stability (like me, a single dude).
               | Others will choose a higher price for long-term stability
               | (such as a family of 5).
        
           | standardUser wrote:
           | I think families should have as much time as possible to
           | handle the significant costs and disruptions associated with
           | moving homes.
        
           | justinclift wrote:
           | Why "inflation+2%" rather than just inflation?
        
             | Ekaros wrote:
             | To allow some leeway for increase in property value and
             | demand, in general lot of money looks that level of
             | returns. Also inflation does not always full reflect the
             | costs.
             | 
             | Also something like 2% above inflation does not lead to
             | unreasonable increases. Until market rates are reached.
        
           | gopher_space wrote:
           | As a landlord, if you want to forecast over long periods you
           | don't raise rent. Everything else is rolling the dice.
           | Someone who increases rent by the maximum each time owns
           | multiple units they can afford to leave vacant for
           | indeterminate periods, and is gambling with their money.
        
           | vkou wrote:
           | Giving multi-month notice that rent is going up means that
           | the tenant has X months to shop around.
           | 
           | If the increase is too high, the tenant can push back by
           | moving, or negotiating.
           | 
           | This only works, of course, if you actually have a supply of
           | vacant housing. If there's a housing shortage, no amount of
           | notice is going to fix the rental situation.
        
         | Workaccount2 wrote:
         | The only fix for high housing costs is to build more housing or
         | make your area shitty (so people want to leave). The latter
         | isn't popular so that leaves only one option.
         | 
         | You _cannot_ legislate away costs for an in demand product. It
         | can 't be done. Put strict rent increase laws in place and all
         | you do is make it so people sit in their apartment for years to
         | lock in that low rent.
        
           | standardUser wrote:
           | Did you read my comment? It is literally about how "strict
           | rent increase laws" are not the solution.
        
             | arcticbull wrote:
             | While true, if supply and demand are allowed to meet
             | through new construction you won't need rent stabilization
             | laws.
        
               | CPLX wrote:
               | Nope. Supply and demand will never be smooth and linear,
               | housing markets will always be intrinsically inelastic.
               | Ever tried moving?
               | 
               | Since that's true you can use policy to decide who gets
               | to keep the inevitable consumer surplus.
        
               | kredd wrote:
               | I understand the general economics behind it, but I don't
               | think you can free market the problem away when the
               | market is very obviously not free. Just off the top of my
               | head - incentives for over complicating the zoning laws
               | in big cities, extreme push from the locals to stop the
               | new constructions, owners not wanting their investments
               | to go down.
               | 
               | I live in a rental building in Vancouver, and without
               | rent control it would be awful for everyone, as the
               | demand has been insane in the past decade. Sure, for
               | people like us who can pay 2x the rent wouldn't exactly
               | be a problem, but I have friends, and a lot of elderly in
               | my neighbourhood who would have to move out right away. I
               | can't imagine a possible way for supply to catch up with
               | the actual demand just because how the municipal
               | governments function. And well, construction business
               | isn't known to be efficient here in North America.
        
             | Aurornis wrote:
             | Your component proposed a set of rent controls (12 month
             | notices, limited yearly raises) that are basically
             | equivalent to rent control in many locations.
        
           | CPLX wrote:
           | Of course you can legislate costs from one person to another.
           | You can redistribute the profits from landlords to tenants.
           | 
           | It will have consequences. Some of those consequences might
           | be negative.
           | 
           | But some won't. It's a policy choice, economists aren't
           | priests.
        
           | r00fus wrote:
           | The problem is speculation by foreign money or wealthy
           | people.
           | 
           | This is fixable by taxation or by limiting corporate
           | ownership of homes.
        
           | vkou wrote:
           | I mean, it does accomplish the goal of prioritizing the
           | welfare of existing residents over the welfare of future
           | residents and non-residents.
           | 
           | Most societies do that sort of thing on the regular, but
           | people pushing back against rent control rarely want open
           | borders and welfare for non-citizens.
        
           | moreofthis wrote:
           | Put strict rent increase laws in place and all you do is make
           | it so people sit in their apartment for years to _live their
           | lives in their homes_.
           | 
           | Not that I disagree with building more housing, or being more
           | creative with rent control, but the fact that people in rent
           | conrolled areas can afford to stay in one location isn't a
           | bug. There may be other bugs, but that ain't one.
        
           | janalsncm wrote:
           | There is a third way. You can reduce demand in other ways,
           | like steep taxes on second and third homes. This releases
           | pressure on the rental market by enabling some renters to
           | afford to buy rather than rent.
        
             | Aurornis wrote:
             | > You can reduce demand in other ways, like steep taxes on
             | second and third homes.
             | 
             | The properties people purchase as second and third homes
             | aren't going to make a difference to the people struggling
             | to afford 1 bedroom apartments.
             | 
             | Focusing on second and third homes is just a way to punish
             | people wealthy enough to afford multiple homes. While
             | punitive taxes against other classes are attractive to
             | certain parts of the voter base, it doesn't actually
             | improve the situation for people looking for cheap
             | apartments at all.
        
               | mbgerring wrote:
               | Have you looked at what's happening to housing prices in
               | resort towns lately?
        
               | JackMorgan wrote:
               | No what is happening to them?
        
               | janalsncm wrote:
               | > The properties people purchase as second and third
               | homes aren't going to make a difference to the people
               | struggling to afford 1 bedroom apartments.
               | 
               | They will. As fewer homes are allocated to current
               | homeowners, they will be instead available to renters.
               | With fewer renters on the market, the cost of renting
               | will decrease.
        
               | InitialBP wrote:
               | I don't think this is entirely true. If people who are
               | currently renting move into homes then their apartments
               | will be rented to people who are looking for housing.
               | 
               | It seems like if you add supply to one area of the
               | housing market like the one above, there is a group of
               | people ready to take advantage of that supply. 3bdroom
               | apartment renters buy a home, then 2bdroom apartment
               | renters get a bigger place that's affordable and meets
               | their needs.
               | 
               | Assuming this works exactly like intended, that 1 family
               | with two or three houses now only owns one and 2 other
               | families get a house, then you're freeing up supply
               | across the whole range of properties.
        
           | scotty79 wrote:
           | > The only fix for high housing costs is to build more
           | housing
           | 
           | That won't fix anything. People with capital compete with
           | people who have housing needs for the available houses.
           | Increasing number of houses doesn't change this dynamics.
           | 
           | The people in need of housing will get priced out of
           | available houses eventually.
           | 
           | What should be done is taxing housing heavily and
           | progressively so that houses become a shitty asset that costs
           | you more the more you have of it.
           | 
           | People with capital will drop it like hot potato and finally
           | people who just want to live will be able to afford it again.
        
           | wolverine876 wrote:
           | > You cannot legislate away costs for an in demand product.
           | It can't be done.
           | 
           | It's done, and in many places around the world. In NY and SF;
           | in Vienna, the government owns a large proportion of the
           | housing and keeps it affordable (iirc).
        
           | stefan_ wrote:
           | Well, if the supply is going to be limited forever the way
           | it's looking, the least we can do is make it cheap and stop
           | any more economic activity going exclusively to ultimately
           | unproductive rent seekers. It's option three to your "make
           | the area shitty".
        
         | NovemberWhiskey wrote:
         | Everything is up 20% since 2020; but lower-income wages are up
         | more, FWIW.
        
           | pizzafeelsright wrote:
           | My experience would say goods are up about 50%
           | 
           | I keep having to bump my wife's allowance while not getting
           | bacon because it isn't in her budget.
        
         | patrickmay wrote:
         | Rent control has been repeatedly demonstrated to increase
         | prices and lower the quality of the units under control. The
         | solution to high housing prices is reducing zoning
         | restrictions, not increasing government intervention.
        
           | robocat wrote:
           | > The solution
           | 
           | You can always look at countries/cities where your "solution"
           | has been tried and see if rents shifted.
           | 
           | Certainly in my city there are many more houses (infill and
           | suburbs) and rents are not dropping - however we also have
           | high immigration so demand is rising.
           | 
           | Then again, popular cities have huge demand. Increasing
           | supply seems unlikely to fix the underlying issue.
        
             | patrickmay wrote:
             | Rent control fails consistently. Here are a couple of
             | links, any economist who follows the data agrees:
             | https://www.urban.org/research/publication/place-blame-
             | where... https://www.nmhc.org/research-insight/research-
             | report/nmhc-r...
             | 
             | > Increasing supply seems unlikely to fix the underlying
             | issue.
             | 
             | The underlying issue is that the law of supply and demand
             | applies to housing just as to any other market. Increasing
             | the supply is the only way to lower prices.
        
           | mjevans wrote:
           | The solution is More Houses. Build more houses. Keep
           | building.
           | 
           | It would help long term if houses were required to be built
           | well.
           | 
           | It would also help if there were incentives to build more
           | housing when the market was notably dysfunctional; as it has
           | been for the past 40+ years.
        
         | akira2501 wrote:
         | So, instead of an algorithm that purely benefits landlords, you
         | just want the opposite algorithm that purely benefits tenets?
         | 
         | In either case we're throwing the whole pricing part of the
         | market away while still pretending we're engaged in capitalism.
         | Unless you dedicate huge amount of resources to the problem you
         | will likely harm more people than you help.
         | 
         | You could compete with the market through publicly owned
         | housing that people of low income can apply for.
         | 
         | You could upset the market by vastly overhauling zoning laws to
         | make them more open and less bureaucratic.
         | 
         | You could increase access to the market by introducing property
         | tax brackets that are based on total property ownership in a
         | county.
         | 
         | You could increase access to housing options by drastically
         | improving high speed transport to new areas that are currently
         | underdeveloped.
         | 
         | If people are being priced out of the market it's because not
         | enough options exist, which in NYC and SFO is a real physical
         | issue, but in most other places it seems like an entirely
         | artificial issue.
        
         | jonas21 wrote:
         | Many landlords are happy to offer longer-term leases. I signed
         | a two-year lease once, and I think they would have offered a
         | longer one if I'd asked.
         | 
         | I'd guess there's not a lot of demand for these as renters also
         | want the flexibility to move.
        
         | Aurornis wrote:
         | > But a more comprehensive approach including requiring multi-
         | year lease options, 12-month or greater rent increase notice
         | requirements, and rent increase caps that prevent catastrophic
         | rent hikes but still allow units to align with market rates
         | over longer timeframes.
         | 
         | If you require landlords to give 12 months notice of rent
         | increase and cap the year-over-year increase, the outcome is
         | entirely predictable:
         | 
         | Every 12 months, tenants will receive a notice of pending rent
         | increase, and that rent increase will be the maximum allowed by
         | law.
         | 
         | This game has already been tried before. Once you start tying
         | people's hands, the optimal strategy is to become as aggressive
         | with rent increases as the law will allow. The only time you
         | back off is if you have a vacancy you can't fill, but that's
         | unlikely because once a city starts controlling rents heavily
         | (even with your proposed laws) it discourages more
         | construction.
         | 
         | There's basically no difference between strict rent control and
         | a rent control that limits rent increases to X% per year with
         | 12-month notice period. They're the same thing because once you
         | cap something, people feel compelled to chase the cap for fear
         | of getting left behind.
        
           | Marsymars wrote:
           | > Every 12 months, tenants will receive a notice of pending
           | rent increase, and that rent increase will be the maximum
           | allowed by law.
           | 
           | I'd suggest having no maximum increase, and having the
           | landlord be liable for moving costs if the tenant chooses to
           | move and the landlord is not able to re-rent the unit within
           | a short time period at the increased rent price.
        
         | devbent wrote:
         | As a land lord, every year the cost of my owning my rental
         | property goes up by about $300 / month due to HOA increases and
         | property tax increases.
         | 
         | That is roughly a 10% increase, way above inflation. Any sort
         | of rent control would have the rent less than the cost of
         | ownership in 2 or 3 years.
        
           | bombcar wrote:
           | Renting a HOA'd unit has to be its own hell.
        
           | Marsymars wrote:
           | It trivially can't do that forever though, or the entirety of
           | the world's economy will consist of fees to your HOA.
        
         | Marsymars wrote:
         | I'm staunchly against "rent control" in the form of capped
         | pricing, and feel like I've been shouting into the wind for
         | _years_ describing rent stabilization measures like you 're
         | describing. It seems like something that nobody is discussing
         | or has any interest in.
         | 
         | There are costs to both moving and to a lack of home stability
         | that are ultimately born by society at large, but that are
         | effectively negative externalities to the actions of landlords.
        
       | ilikehurdles wrote:
       | > an agreement to use shared pricing recommendations, lists,
       | calculations, or algorithms can still be unlawful even where co-
       | conspirators retain some pricing discretion or cheat on the
       | agreement.
       | 
       | Someone explain how this is different from pricing vehicles based
       | on KBB or other data? Genuinely curious because I don't know what
       | these agreements look like.
       | 
       | If multiple seller/landlord parties all agree to have a single
       | algorithm set prices I understand the FTC's point. If however
       | they all reference an algorithmic data point and freely choose to
       | set prices I don't see how that's collusion.
        
         | rahimnathwani wrote:
         | If multiple seller/landlord parties all agree to have a single
         | algorithm set prices I understand the FTC's point. If however
         | they all reference an algorithmic data point and freely choose
         | to set prices I don't see how that's collusion.
         | 
         | You've hit the nail on the head. It's the former, which is why
         | it's collusion.
        
           | tyingq wrote:
           | I imagine it's tricky to really prove. Airlines, for example,
           | have been doing somewhat similar things for decades, but
           | there's no simplistic path to showing collusion.
        
             | ghaff wrote:
             | Pretty much all companies, especially large ones, rely on a
             | series of intermediary sources for things like pricing,
             | salaries, etc. They're not _constrained_ by those sources
             | for individual products, services, and people but they 're
             | absolutely aware of them. And it's probably a fairly short
             | distance from there to "We're not going to pay you more
             | than an equivalent level at Google" whether or not that's
             | explicitly stated.
        
             | willis936 wrote:
             | Funny you mention that. One of RealPage's architects has
             | experience in making cartels in the airline industry, and
             | getting caught. The trick to getting caught here is to be
             | very blatant and just pretend the law doesn't exist.
             | 
             | https://www.propublica.org/article/yieldstar-rent-
             | increase-r...
             | 
             | >A genial, self-described "numbers nerd," Jeffrey Roper was
             | Alaska Airlines' director of revenue management when it and
             | other major airlines began developing price-setting
             | software in the 1980s.
             | 
             | >Competing airlines began using common software to share
             | planned routes and prices with each other before they
             | became public. The technology helped head off price wars
             | that would have lowered ticket prices, the Department of
             | Justice said.
             | 
             | >The department said the arrangement may have artificially
             | inflated airfares, estimating the cost to consumers at more
             | than a billion dollars between 1988 and 1992. The
             | government eventually reached settlements or consent
             | decrees for price fixing with eight airlines, including
             | Alaska Airlines, all of which agreed to change how they
             | used the technology.
        
           | ilikehurdles wrote:
           | But based on the post, this really seems to not be the case?
           | 
           | "Price deviations don't immunize conspirators. Some things in
           | life might require perfection, but price-fixing arrangements
           | aren't one of them. Just because a software recommends rather
           | than determines a price doesn't mean it's legal. Setting
           | initial starting prices or recommending initial starting
           | prices can be illegal, even if conspirators deviate from
           | recommended prices."
           | 
           | Would be better to see an argument from the FTC grounded in
           | evidence and analysis, because I don't get what this is based
           | on. Software recommends a price, sure, but so does any
           | appraisal in any industry. For how long can I use an
           | appraisal service before the FTC says I'm committing a crime?
           | I just feel like the lines are not drawn very clearly with
           | this argument.
           | 
           | Aside, if anyone from the FTC is here right now, for God's
           | sake do not use "IRL" in official writing.
        
             | rahimnathwani wrote:
             | But based on the post, this really seems to not be the
             | case?
             | 
             | I don't understand how you came to that conclusion. From
             | the post:                 an agreement to use shared
             | pricing recommendations, lists, calculations, or algorithms
             | can still be unlawful even where co-conspirators retain
             | some pricing discretion or cheat on the agreement.
             | 
             | Also from the post:                 The agencies filed a
             | joint legal brief explaining...
             | 
             | From that legal brief (emphasis mine):                 ...
             | when competitors *agree to fix* end prices, ... *the
             | agreement* is the violation, and unsuccessful price-fixing
             | schemes are as unlawful as successful ones.
             | 
             | Another commenter asked how this is different from car
             | dealers using the KBB values. If a deal uses KBB values to
             | inform themselves of the approximate value of a car, before
             | deciding their opening bid/offer in a negotiation, that's
             | fine. If they agree with a neighbouring dealer that they'll
             | always start their negotiation with the KBB price, this is
             | illegal price fixing. From the brief:                 In
             | Plymouth Dealers' Association, 279 F.2d 128, for instance,
             | a defendant convicted of price fixing for agreeing with
             | competing dealers on a "fixed uniform list price" for
             | Plymouth cars argued that the conviction could not be
             | upheld because the government's case required "proof of
             | something more--that [the uniform list price] was adhered
             | to; that it was utilized to fix prices; or that it did
             | actually fix prices." Id. at 130. The Ninth Circuit
             | rejected this argument, stating that "the fact that the
             | dealers used the fixed uniform list price in most instances
             | only as a starting point[] is of no consequence."
             | 
             | Pages 23-24 (PageID #6982 and PageID #6983) of the PDF
             | explain how the collusion was orchestrated:
             | https://www.ftc.gov/system/files/ftc_gov/pdf/YardiSOI-
             | filed%...
        
         | Rapzid wrote:
         | > some pricing discretion
         | 
         | That's the key. The problem is the agreement; that results in
         | price fixing. Even if someone is allowed "some pricing
         | discretion"(ie maybe they can deviate 8%) it can still be
         | illegal.
         | 
         | Maintaining _full_ pricing discretion is what referencing KBB
         | on your own and making a determination outside a pricing
         | agreement would be; not illegal.
         | 
         | From what I can tell. Not legal advice.
        
       | usui wrote:
       | > Such software can allow landlords to collude on pricing by
       | using an algorithm--something the law doesn't allow IRL. When you
       | replace once-independent pricing decisions with a shared
       | algorithm, expect trouble.
       | 
       | There are probably other things I should comment on first
       | instead, but this usage of "IRL" made me laugh. I grew up with
       | the initialism IRL while chatting online as a small kid so when I
       | emailed a teacher where I accidentally wrote "IRL", he quipped,
       | "What? As opposed to us meeting 'in fake life'?"
       | 
       | Now I feel jokingly vindicated against Mr. Teacher as this is the
       | first time I read a government website use IRL. It would seem
       | that algorithms and cyberspace aren't part of real life to the
       | government, even when it's about housing price collusion, one of
       | the realest real-life things I can imagine!
        
         | SilasX wrote:
         | Haha yeah that's often what happens, a useful slang expression
         | becomes so widespread that eventually they accept it in formal
         | context.
         | 
         | I joke that, given enough time, the "English future tense" they
         | teach will be "to be gonna".
        
           | aaomidi wrote:
           | Language evolution is honestly great. There's a lot of pearl
           | clutching that happens about it, and policing around what's
           | "ok" English or whatever. But yeah, evolution of language is
           | beautiful IMHO.
        
             | SilasX wrote:
             | Always?
        
             | trimethylpurine wrote:
             | _> IMHO_
             | 
             | As opposed to your dishonest opinion?
        
               | trimethylpurine wrote:
               | I'm sad that you took offense and downvoted. I guess you
               | didn't read the first comment? It was meant as a joke on
               | the absurdity of asking what it's opposed to.
               | 
               |  _> I accidentally wrote "IRL", he quipped, "What? As
               | opposed to us meeting 'in fake life'?"_
        
         | __s wrote:
         | TBF the usage is not saying it's legal online. They're saying
         | the loophole is imaginary, existing in the minds of the
         | colluders
        
       | foooorsyth wrote:
       | As a non-landlord, it seems quite odd that landlords and property
       | managers can't "collude" on rent pricing.
       | 
       | If I were to have a rental property and a management company for
       | it to be hands off, I'd probably want to defer rent setting to
       | the people that understand that local rental market. Both parties
       | have aligned incentives - they want to maximize rent. I guess the
       | government just wants the low-information party to set the
       | pricing? Are there any near-monopoly property management
       | companies in any major metro in the US? Seems like they're a dime
       | a dozen with lots of competition -- doesn't seems very anti-
       | trust-worthy to me, but what do I know?
        
         | quasse wrote:
         | It's not _understanding_ the local rental market that 's the
         | problem. It's _controlling_ enough of it that you can influence
         | prices globally upwards outside of economic competition.
         | 
         | If 60% of a city's major property companies sign on with
         | RealPage and *also* agree that they will not undercut the
         | prices RealPage chooses (eliminating economic competition
         | between the property companies), that's not just being a high
         | information party, it's collusion.
         | 
         | The problem is that housing in major cities has a relatively
         | fixed supply, so the colluding landlords know that even if a
         | competitor undercuts them eventually they will simply fill
         | their units and cease to be competition for new renters.
        
         | apendleton wrote:
         | Yes, the companies targeted here aren't property managers
         | themselves, they sell software to property managers, and have
         | ended up providing services to many ostensibly-competing
         | managers and building owners in some metro areas, who
         | collectively control enough of the rental market in those areas
         | that they can "maximize rent" by moving the whole market up in
         | concert rather than having any of the owners actually compete
         | with one another.
         | 
         | From a ProPublica piece [1] about it, for example:
         | 
         | > 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.
         | 
         | [1] https://www.propublica.org/article/yieldstar-rent-
         | increase-r...
        
           | Rapzid wrote:
           | Ahh, this is the missing context!
           | 
           | The collusion is the agreement to adhere to the pricing set
           | by a central pricing authority, not basing your prices off
           | shared information or recommendations. This makes a lot of
           | sense now.
           | 
           | Edit: Well maybe it wasn't missing, but I missed it in any
           | case. Cheers.
        
             | lazide wrote:
             | But why wouldn't they just got a couple percent under the
             | price, and fill all their units?
             | 
             | Vacancies kill returns.
        
               | dugite-code wrote:
               | > Vacancies kill returns.
               | 
               | Unless you can guarantee prices will rise, then you just
               | recoup lost revenue when it's next occupied.
        
               | lazide wrote:
               | It takes a LOT of rent increase (in a short period of
               | time) to make up for even a month or two of lost rent.
               | Literally one month of rent lost (due to vacancy) would
               | require all the following months rent to be 8.5%ish
               | higher to make up for it if you wanted to recoup within
               | the next year.
               | 
               | Vacancies kill returns, because you aren't actually
               | getting paid - at all - for the thing that you make money
               | off of.
               | 
               | Long term (very long term) more modest improvements could
               | of course pay off - BUT, that shortly would require you
               | be way outside the market rates if you had many
               | vacancies, or doing completely impossible things like
               | 100%+ increases in rent y/y to not lose money.
               | 
               | Now if you're able to corner the market, maybe. But good
               | luck actually successfully doing that, since people are
               | generally able to move, live with relatives, live in RVs,
               | live in tent encampments, etc. if you try.
        
               | InitialBP wrote:
               | That seems like a super obvious conclusion, the fact that
               | it isn't what is actually happening is a good indication
               | that it isn't as straightforward as you'd think.
               | 
               | This might be true for an individual that only owns one
               | or two properties, but for a company that owns tens or
               | hundreds of properties they can let stuff set empty to
               | drive up prices on all of their other properties.
        
               | lazide wrote:
               | My understanding is the issue is a different one - these
               | big corporate places can't reduce their rents because if
               | they do, their 'stats' (claimed value due to stated
               | rental prices x units) get bad, and they're all so highly
               | leveraged they potentially lose their financing and their
               | house of cards will implode.
               | 
               | In some cases, they'll literally default if the number
               | goes below a certain value. They already are in deep
               | trouble with the cost of financing going up (3x in many
               | cases) due to fed rate increases, as commercial loans
               | aren't 30 year fixed like typical residential ones are.
               | Think 5-7 year variable rate, or weirder, and often 3-5%
               | higher than the nominal mortgage rate as commercial loans
               | are riskier (not gov't backed).
               | 
               | Nobody (except individuals, maybe) wants the system to
               | implode right now, including lenders, as everyone is
               | hoping for a post-covid boom that will get everyone out
               | of trouble.
               | 
               | It's also why they give so many 'incentives' in the form
               | of free months rent on signing. They still get to claim
               | the higher rent on their stats (keeping the overall
               | nominal value of the complex high), put the incentive
               | under a marketing cost, and voila.
               | 
               | Normally, these financing deals do 'gimmes' for high
               | vacancy rates/ignore them because typically that is
               | temporary - it impacts cash flow, but not 'value'.
               | Everyone has gotten used to ignoring cash flow (to their
               | detriment IMO) over the the last many years, and has been
               | basing their portfolio on 'value'.
               | 
               | The units sitting empty thing 'works' until the cashflow
               | becomes an actual problem, at which point they are
               | bankrupt and the whole house of cards implodes anyway.
               | But wil-e-coyote wise, that may never actually happen,
               | which is why they keep doing it.
               | 
               | Personally, I'd be shorting all these ETFs if I was bored
               | and had enough cash sitting around.
        
               | Rapzid wrote:
               | In the referenced case a management company was
               | pressuring/forcing participants to go with the
               | recommended prices.
        
               | lazide wrote:
               | Management companies work for owners? Not the other way
               | around.
               | 
               | How would a management company force an owner to do
               | anything they didn't want to do?
        
               | bsder wrote:
               | > Vacancies kill returns.
               | 
               | If you are an individual landlord, yes, as you are cash-
               | flow sensitive.
               | 
               | However, a lot of these "landlords" are private equity
               | companies and the complexes have financing agreements.
               | 
               | The issue is that "lower rent" can trigger a
               | "recapitalization" clause on the financing agreement.
               | When that happens, the PE company will have to _cough up
               | cash_.  "Missing" rent, however, is generally allowed to
               | be tacked onto the end of the financing agreement. That
               | creates a perverse incentive if the system is highly
               | leveraged--nobody wants to cough up cash and everybody is
               | willing to kick the can down the road. And the PE
               | companies have enough cash flow from other properties
               | that they can ride this out (until, obviously, they can't
               | and _everybody_ fails simultaneously--but then they 'll
               | whine to the government for a bailout ... that's a
               | different rant).
               | 
               | The "solution" is occupancy taxes. An unoccupied
               | residence or commercial spot should have to pay a
               | significant amount of _cash_ if it remains unoccupied for
               | longer than 6 months to a year.
        
               | lazide wrote:
               | That is my understanding as well - but that is a
               | completely different cause than what is being claimed.
               | 
               | Notably, while individual landlords are much more cash
               | flow sensitive (as in per-unit issues), even big
               | companies will have issues if these problems happen 'at
               | scale'. And those problems will be monstrously large when
               | they happen.
               | 
               | Occupancy taxes will just make the bubble pop that no
               | ones wants to pop, since the issue is dropping rents will
               | trigger defaults due to financing issues because
               | financing is still more expensive than it was, and that
               | isn't going to change anytime soon. And said taxes would
               | trigger high cashflow costs, which would just force
               | companies into bankruptcy ASAP.
               | 
               | Same with the bond issues that took out a bunch of banks
               | last year, and still are causing structural bad debt
               | issues everyone is trying to ignore right now.
        
               | bsder wrote:
               | > And said taxes would trigger high cashflow costs, which
               | would just force companies into bankruptcy ASAP.
               | 
               | And _that 's fine_.
               | 
               | Those who didn't stick their necks out should be able to
               | buy the distressed assets at discount and force the
               | financing agreements to unwind. Real estate doesn't go
               | away. People still want houses. Businesses making
               | products don't go away. Places to work--maybe not so
               | much.
               | 
               | Unless you allow bad businesses to go bankrupt, you'll
               | wind up like China.
               | 
               | Vacancy taxes force that decision much sooner-- _before_
               | everything goes belly up at scale. The landlord has to
               | decide to rent lower or sell the property.
        
         | akira2501 wrote:
         | Well.. if you agree to do something illegal in secret then this
         | is "collusion."
         | 
         | Price fixing is a defined crime. So if your agreement is to fix
         | prices between competitors in secret then you are "colluding."
         | 
         | The extension here is that if your agreement is to use similar
         | pricing information sources, property availability lists, or
         | algorithmic components, that this is a form of price fixing,
         | and is thus also illegal, and so you "colluded" by forming this
         | agreement.
         | 
         | The FTC's position is that the agreement itself is illegal.
         | They additionally suggest that even if some of the competitors
         | sometimes "cheat" on the agreement, that doesn't prevent the
         | formation of the agreement itself from being a crime.
         | 
         | This all seems pretty straight forward. They committed a crime.
         | There was no reason to form an agreement. Had they not done
         | that, there would be no case, and no obvious intent. As it is,
         | their intent was clear, to break the law at the public's
         | expense.
         | 
         | This, by the way, is why we have ANSI and IEEE and ITU and all
         | kinds of other "open" standards groups. If you don't do it in
         | secret then much legal burden is immediately lifted from you.
        
           | ghaff wrote:
           | Trade associations basically have a long list of things at
           | the beginning of every presentation that lay out the rules
           | for why this isn't collusion.
        
       | justinclift wrote:
       | Weirdly, the FTC site seems offline:                   NOTICE:
       | The FTC website is currently unavailable. Thank you for your
       | patience while         we work to restore service.
        
       | thelastgallon wrote:
       | YieldStar software helps landlords set prices for apartments
       | across the U.S: https://www.propublica.org/article/yieldstar-
       | rent-increase-r...
       | 
       | "To arrive at a recommended rent, the software deploys an
       | algorithm -- a set of mathematical rules -- to analyze a trove of
       | data RealPage gathers from clients, including private information
       | on what nearby competitors charge.
       | 
       | For tenants, the system upends the practice of negotiating with
       | apartment building staff. RealPage discourages bargaining with
       | renters and has even recommended that landlords in some cases
       | accept a lower occupancy rate in order to raise rents and make
       | more money.
       | 
       | One of the algorithm's developers told ProPublica that leasing
       | agents had "too much empathy" compared to computer generated
       | pricing."
        
         | SoftTalker wrote:
         | Say I own a house, and want to rent it out. I'm naturally going
         | to go onto rental search sites and look at what similar houses
         | in the area are renting for, and probably ask something pretty
         | close to that.
         | 
         | I would assume this is not illegal because it's using public
         | information and not colluding with any competitors on price.
         | 
         | But subscribing to a service that uses an algorithm that does
         | basically the same thing is (might be) illegal? Does it cross
         | the line when I explicitly agree with competitors that we'll
         | all use the same algorithm? Or if we're all just independently
         | using the popular pricing service could that become illegal? Or
         | if the service agreement requires me to not rent for less than
         | their algorithm calculates?
        
           | 10000truths wrote:
           | What makes it collusion is the fact that others are using it
           | as well, so the answer to your questions is yes. My
           | understanding is that there's nothing wrong with building
           | _your own_ software that crawls public information and
           | computes a price for you - the key thing is that it has to be
           | _your own_ , you can't distribute that software to others.
        
             | jkic47 wrote:
             | ate you sure it is that? after all, we all independently
             | use the Kelley Blue book value of a car before we sell.
             | 
             | I think there has to be some intentional and provable link
             | that you and I agreed (colluded) to use a particular value
             | and set a floor below which we wouldn't sell.
        
               | dkjaudyeqooe wrote:
               | > ate you sure it is that? after all, we all
               | independently use the Kelley Blue book value of a car
               | before we sell.
               | 
               | That book doesn't price individual cars, only types and
               | the price of the actual car is open to interpretation and
               | usually negotiation.
        
               | slrainka wrote:
               | The key distinction lies in how YieldStar approaches
               | setting rental prices compared to other systems.
               | YieldStar not only recommends rental prices by analyzing
               | the entire inventory it oversees but also incorporates a
               | strategy that effectively eliminates the possibility of
               | rent negotiation with potential tenants. This approach
               | mirrors the dynamics of the prisoner's dilemma, a
               | situation in game theory where individuals may not
               | cooperate, even if it's in their best interest to do so.
               | However, YieldStar transcends the Nash equilibrium--the
               | point at which no participant can benefit by changing
               | strategies if the others remain unchanged--by stripping
               | tenants of any bargaining power. This ensures that the
               | rent pricing strategy is firmly controlled, without the
               | usual back-and-forth negotiation process.
        
               | dkjaudyeqooe wrote:
               | The only way you can productively refuse negotiation is
               | by knowing the price is fixed (or you have the only
               | supply), otherwise others will take your business.
        
               | jprete wrote:
               | If it's widely believed that other landlords use the same
               | pricing system as you, then that's exactly how landlords
               | can refuse to negotiate.
        
               | samatman wrote:
               | This is a strange claim. How is it that software can
               | eliminate the possibility of rent negotiation? A tenant
               | can negotiate, or try to. How does software eliminate the
               | possibility that this will succeed?
        
               | dkjaudyeqooe wrote:
               | Because the software has set the price and the landlords
               | are using the software's price exclusively. That is why
               | it's price fixing.
        
               | chii wrote:
               | to me, it's not enough to show that the same algorithm or
               | software is deciding the price.
               | 
               | It has to be that there's some threat of punishment from
               | the cartel against those who would lower their price from
               | the agreed one. For example, the explicit agreement by
               | the landlord to keep the price at the algorithmicaly
               | calculated one, even so far as to leave vacancy (where as
               | there wouldn't have been a vacancy if the price was
               | lowered).
        
               | radicality wrote:
               | There is. I forget the number, but the landlords are only
               | allowed to disagree with the software (and give lower
               | rent) only ~10% or so of the time. Otherwise they will be
               | kicked off of the price fixing platform.
        
               | samatman wrote:
               | Why isn't that clearly stated in the FTC brief? That's a
               | hell of an absence of evidence, under the circumstances.
               | If there's a smoking gun, why leave it out?
        
               | cogman10 wrote:
               | It's the scope and breadth of deployment and the
               | algorithm/business pressures.
               | 
               | > RealPage discourages bargaining with renters and has
               | even recommended that landlords in some cases accept a
               | lower occupancy rate in order to raise rents and make
               | more money.
               | 
               | This is the key to why it's price fixing. Everyone
               | playing ball and means that the raising rent rates
               | increases everyone's take home even if a few operate with
               | lower occupancy.
               | 
               | The software calculates rent rates that make sure
               | occupancy isn't too low to keep everyone in line. It
               | removes bargaining with the promise that "if you play
               | ball, you'll be rich".
               | 
               | Tenants can negotiate prices just like you can
               | theoretically haggle with amazon.
        
               | Aunche wrote:
               | > RealPage discourages bargaining with renters and has
               | even recommended that landlords in some cases accept a
               | lower occupancy rate in order to raise rents and make
               | more money.
               | 
               | Of course they would discourage them from deviating from
               | Realpage's recommendation. Why are you paying for a
               | software that recommends the most profitable rent if you
               | aren't going to follow it? Realpage doesn't want property
               | managers to complain that the software isn't working when
               | they're ignoring the software's recommendations.
               | 
               | I have yet to see any evidence that there are any actual
               | consequences of ignoring the recommendations. I'm
               | assuming that Realpage will always accept payment for
               | their services. This suggests that price fixing is
               | unlikely. In the case of a cartel, members are
               | incentivized to sell more than their quota allows, and
               | you need active enforcement to maintain compliance. See
               | the history of OPEC.
        
               | FireBeyond wrote:
               | Consequences involve being kicked off the service with no
               | refund for the (significant) fees.
        
               | Aunche wrote:
               | Where does it say that? If it's something on the
               | contract, you'd think that the FTC would open with that
               | rather than vaguely imply this this happening.
        
               | tsimionescu wrote:
               | It doesn't matter if there are consequences for not
               | following the illegal price fixing scheme (the
               | recommendation algorithm). The fact that they are
               | creating a price fixing scheme in the first place is
               | illegal.
               | 
               | It's the same thing as if I were to call for a meeting of
               | all landlords in my area to discuss rents. Anyone who
               | owns property in the area is invited. At the meeting, I
               | would propose that we all keep rents above 1000$ per
               | room. People would argue and finally there'd be some
               | broad agreement that 900-1100$ dollars per room is a
               | better idea. We don't sign anything and don't imply any
               | repercussions for those who ignore it. Then, 90% of those
               | present would undercut the agreed numbers and offer their
               | rooms for 800$. The end result is that rooms in the area
               | go for 750-900$, so we utterly failed.
               | 
               | What everyone present at that meeting did, even those who
               | undercut the agreed prices, is illegal price fixing.
               | Competitors are simply not allowed to discuss and agree
               | on prices in any way.
               | 
               | If we replace the meeting with a third party offering a
               | recommendation algorithm that everyone independently
               | follows, knowing that others do the same, nothing
               | materially changes. The algorithm need not be binding,
               | and need not be adopted fully, for this to be illegal to
               | do.
        
               | Geisterde wrote:
               | I find the pernicious belief that prices could be fixed
               | in the market itself more dangerous than the dumbest
               | price fixing scheme of all time. Let it play out, so we
               | can all remember that price fixing doesnt work, and we
               | might actually see some good come from this story.
        
               | tsimionescu wrote:
               | Price fixing absolutely works for the parties fixing the
               | price, assuming they have a dominant enough position, at
               | least for some significant time. Look at OPEC - do you
               | seriously believe they would be richer if they competed
               | instead of agreeing on prices/supply?
               | 
               | Monopolies can extract massive wealth from a market, they
               | perfectly optimize profit as long as they are not
               | exceedingly incompetent. Price fixing is just a less
               | organized monopoly.
               | 
               | The problem is that they do this at the cost of all other
               | market participants. But markets can't correct for
               | powerful enough monopolies or cartels. Only outside
               | intervention (riots, government intervention, disruption
               | of the whole sector) can dissolve a monopoly. There is no
               | example in history of a monopoly losing its position in a
               | market without this, since they can always just buy out
               | incumbent competitors.
        
               | Geisterde wrote:
               | Why would you compare landlords to OPEC? One organization
               | has the backing of several militaries, including ours,
               | defending their market position by threat of war. If you
               | try to sidestep them you could end up like iraq.
               | 
               | Price fixing in the market doesnt work, because rival
               | landlords cant call the government to airstrike their
               | competitors when they get undercut.
        
               | tsimionescu wrote:
               | As long as demand exists for the product, cartel members
               | make more money than regular market actors. Defectors can
               | make even more money, but that behavior is going to
               | either be irrelevant (if the defector is too small to
               | Mather), or it will be punished - not by armies, but by
               | other coercive measures. Bribing to return, denying
               | access to other services, bad mouthing, even vandalism or
               | illegal violence. The advantage of the cartel is too
               | large to be allowed to dissolve.
               | 
               | And again, we don't have to guess. Cartels need to be
               | broken up from the outside, they just don't dissolve
               | naturally. This is basic economics, and a well understood
               | weakness of markets. The idea that monopolies and cartels
               | are too weak to resist in a market is not born out by
               | either economic theory nor history.
        
               | Aunche wrote:
               | > As long as demand exists for the product, cartel
               | members make more money than regular market actors.
               | Defectors can make even more money
               | 
               | These two are completely contradictory statements.
               | "Regular market actors" are the same as "defectors."
               | Fracking companies, for example would not be able to
               | exist without OPEC driving up the price of oil because it
               | would be too expensive.
        
               | tsimionescu wrote:
               | Buyers are also market actors. Also, suppliers who
               | haven't been part of the cartel don't have access to
               | their pricing strategy, and so can't profit as much.
               | Defectors know exactly for some time, and can use that
               | information to beat the market and the cartel in the
               | short term.
        
               | chii wrote:
               | > If you try to sidestep them you could end up like iraq.
               | 
               | iraq invasion has nothing to do with opec. And no opec
               | country has made military moves to enforce the cartel.
               | 
               | And in fact, a lot of opec countries tries to skirt the
               | quotas for personal gain!
        
               | tsimionescu wrote:
               | The haggling part is not that relevant to whether this is
               | price fixing or not.
               | 
               | If RealPage had the effect that all advertised rents in
               | some area were 1000$ but 90% of renters actually
               | negotiated that down to 800$, it would still be price
               | fixing.
               | 
               | Conversely, if landlords in some area all independently
               | decide not to budge from advertised prices and as a
               | result occupancy rates are 10%, that would not be illegal
               | price fixing. Most markets for consumers don't allow any
               | kind of price negotiation, and yet they are not guilty of
               | price fixing.
               | 
               | The key problem is that RealPage facilitates and even
               | encourages explicit collusion between competitors, by
               | showing the same non-public price recommendations to
               | competing lamdlords. Whether that's successful or not and
               | whether they try to make it contractually binding or not
               | is ultimately irrelevant. As the FTC says, unsuccessfully
               | trying to do price fixing is still illegal price fixing.
        
               | treis wrote:
               | This sounds like denying the existence of price fixing
               | altogether. Sure, buyers can try to negotiate against a
               | price fixing scheme but it won't work. The price is
               | fixed.
               | 
               | The software isn't really doing anything. It's simply the
               | means of communication by which the prices are fixed
               | amongst the suppliers.
        
               | FireBeyond wrote:
               | > The software isn't really doing anything. It's simply
               | the means of communication by which the prices are fixed
               | amongst the suppliers.
               | 
               | The software literally includes the algorithm that says
               | "this week, you will set the rate for this apartment at
               | $X" based on its data. And if you want to deviate from
               | that, without being kicked off, and losing your
               | substantial fee payment, you will do that rate (and they
               | will check), or you can "request an override" from
               | RealPage, that they may allow or deny at their discretion
               | (and RP agents are formally trained that override
               | approvals may not exceed 5% of requests).
        
               | tsimionescu wrote:
               | Even if they didn't kick you off, they would still be
               | engaging in price fixing. They would be worse at actually
               | changing prices with their scheme, but badly executed,
               | ineffective price fixing is still illegal.
        
               | lupire wrote:
               | Can you link to info on that feature of the software?
        
               | koliber wrote:
               | It might not remove the possibility of negotiation. If it
               | reduces the likelihood of negotiation, the impact is
               | similar.
        
               | vineyardmike wrote:
               | What's missing here is that landlords agree to use the
               | algorithm or leave the unit empty. It's part of the TOS.
               | So when many marker participants do this, it's colluding.
        
               | AnthonyMouse wrote:
               | Wow, that's brazen if true. I don't know why anybody is
               | even talking about algorithms. That's a contract to fix
               | prices.
               | 
               | It also implies that all of the landlords using it are
               | _idiots_. Not only is price fixing illegal, joining the
               | cartel is optional and costs you money for no personal
               | advantage because you 'd have to leave your units vacant
               | instead of immediately renting them out at the higher
               | price induced by the "selfless" idiots in the cartel.
        
               | jprete wrote:
               | If holding back 20% of the units in every building drives
               | up prices by 30% - this is completely possible in
               | something like real estate where supply is so inflexible
               | - then each individual landlord might have a motivation
               | to defect, but the group as a whole has a reason to
               | cooperate. The purpose of the software is to give the
               | coordinators visibility into who's cooperating. Note that
               | the TOS requires a landlord to always use the algorithm's
               | pricing decision, including leaving units empty, and
               | requires reporting back on every lease transaction so the
               | company can measure compliance.
               | 
               | This really is collusion as a service.
        
             | nerdponx wrote:
             | It's an interesting area because the line might be fuzzy.
             | It's not reasonable to expect every landlord to become a
             | data analyst or statistician!
             | 
             | So naturally there's a market for a product that helps
             | landlords make data-driven pricing decisions. I'm sure the
             | big landlords know exactly what they're doing, but I
             | suspect that the smaller landlords don't even realize they
             | are participating in a price-fixing cartel.
             | 
             | As an interesting point of comparison, consider that the
             | Zillow "zestimate" is also an algorithmic price
             | recommendation, shared by all market participants. What's
             | the difference there? Is it that buyers and sellers can
             | both use the same algorithm freely?
             | 
             | I want to make very clear that I think price-fixing is bad
             | and that I believe extremely high real estate prices are at
             | the root of a large and growing amount of misery in Western
             | economies and societies. But I'm also cautious of pursuing
             | thoughtless regulation that hurts small businesses, to the
             | advantage of the big businesses that are causing all the
             | problems in the first place.
        
               | kllrnohj wrote:
               | > It's not reasonable to expect every landlord to become
               | a data analyst or statistician!
               | 
               | Why not? It's what they did just fine for thousands of
               | years. What fundamentally changed in the last 20 years
               | that makes it impossible for landlords to determine their
               | own price?
        
               | damontal wrote:
               | Sounds like they're determining their own price with the
               | technology that's available.
        
               | kllrnohj wrote:
               | They aren't, they're outsourcing pricing to a 3rd party
               | knowing that the same 3rd party is doing everyone else's
               | pricing decisions as well.
        
               | Geisterde wrote:
               | Specialization, how much time out of my day do I have to
               | worry about the price, if I am dealing with the city
               | trying to get the water fixed, or repaving the driveway,
               | or handling customer complaints? It can be more efficient
               | to pay a modest sum to arrive at the right result, or,
               | more profitable to actively watch the market and adjust
               | pricing, but that costs time/money, so itd better be
               | worth it.
        
               | trimethylpurine wrote:
               | Analyst or not, the issue is knowing who is willing to
               | underprice you. You can't know that unless you have
               | insider information, in this case provided by a shared
               | database. Scraping public listings doesn't give you that.
        
               | colechristensen wrote:
               | It's not fuzzy. When a group of people get together to
               | determine a common price for goods, that's collusion...
               | price fixing. They are literally selling price fixing as
               | a service openly in public.
               | 
               | Yes indeed setting prices is difficult. If you use a
               | service to do it for you, it should be quite illegal, and
               | arguably already is.
               | 
               | Also the "big" businesses clearly outsource this too,
               | having lived in many large apartment complexes where it
               | was obvious a third party algorithm was doing it.
        
               | bluGill wrote:
               | The service itself is legal, but you have the difficult
               | task of not using one client's data when working with a
               | different client.
        
               | tsimionescu wrote:
               | I don't think it's legal at all. If you're making
               | official pricing recommendations, you're essentially
               | trying to convince competing businesses to agree on price
               | fixing, by definition. It doesn't really matter how you
               | arrive at that recommended price.
               | 
               | The only way this could work is if you give
               | individualized pricing recommendations based solely on
               | public information + the information of the specific
               | landlord, and if your marketing and contractual
               | agreements and so on make it very clear that different
               | landlords will see completely unrelated prices.
               | 
               | Otherwise, even agreeing on the same pricing formula is
               | an illegal form of price fixing (say, if everyone agrees
               | to sell at public average price + 10%, dropping down to
               | public average price + 5% if unoccupied for one month),
               | per the FTC briefs.
        
               | projektfu wrote:
               | Exactly. If it were just a model, you wouldn't need to
               | ask the cartel to authorize a different price. A model
               | supplier doesn't really care if you use it or not, just
               | that you buy it. But landlords (generally larger owners
               | or operators of large multi-family projects) are paying
               | high fees to the software provider previously because
               | they think it gives them plausible deniability about the
               | cartel behavior.
        
               | vineyardmike wrote:
               | > It's not reasonable to expect every landlord to become
               | a data analyst or statistician!
               | 
               | And it's not reasonable for every business to succeed.
               | Good businesses get good at being a business and learn
               | skills necessary to succeed. I had a corporate landlord
               | where the leasing agents would go on tours of neighboring
               | buildings in their spare time to build comps. You don't
               | need a price fixing algorithm or a pay-rolled data
               | analyst.
               | 
               | I think Americans have a soft spot for landlords because
               | it's a common business for the middle class to use to
               | move up in the world. Which is nice, but most Americans
               | also have stories of parasitic landlords that left them
               | in terribly unmaintained homes with big rent increases.
               | Regulation will absolutely hurt middle-class landlords
               | but will increase the average sophistication of the
               | industry.
        
               | nerdponx wrote:
               | Serious question:
               | 
               | Would it be illegal to hire a human "price consultant"
               | who was very popular among your landlord friends? Does it
               | matter if the price consultant only serves 5% of the
               | landlords in an area? What if they serve 20%? 50%? Where
               | does the line get drawn between "seeking advice from an
               | expert" and "engaging in price-fixing"?
               | 
               | I wouldn't be surprised if that was tried at some point
               | in the past, so there might already be legal precedent
               | for the non-algorithmic variant of this.
               | 
               | > Regulation will absolutely hurt middle-class landlords
               | but will increase the average sophistication of the
               | industry.
               | 
               | Sophistication is a tool used deliberately and
               | maliciously by large incumbents to suppress competition
               | and to crush smaller firms. And I'm not convinced that
               | middle-class landlords who own a handful of units are the
               | big bad guy we should be going after here. I can only
               | hope that the FTC agrees and is willing to focus their
               | attention to where it will actually help people.
        
               | tsimionescu wrote:
               | > Would it be illegal to hire a human "price consultant"
               | who was very popular among your landlord friends? Does it
               | matter if the price consultant only serves 5% of the
               | landlords in an area? What if they serve 20%? 50%? Where
               | does the line get drawn between "seeking advice from an
               | expert" and "engaging in price-fixing"?
               | 
               | The answer is most likely that it would be illegal, yes,
               | at least if your friends are offering properties in the
               | same area. Even discussing pricing decisions with your
               | friends is likely illegal.
               | 
               | Imagine it like this: Coca Cola and Pepsi executives are
               | not going to meet for brunch and casually start
               | discussing what margins they think are reasonable and how
               | they set pricing in different markets and how low they
               | are willing to go with their price. These are some of the
               | most closely guarded secrets of a company. Decision
               | makers who are aware of these aren't even easily allowed
               | to leave one company and join the other, because of the
               | risks of leaking this information. And if they do discuss
               | this things, they would easily be seen as guilty of
               | collusion to fix prices.
               | 
               | The fact that two landlords who happen to be friends are
               | not the CEOs of multi-billion dollar companies doesn't
               | fundamentally change the law. You are not allowed to
               | discuss pricing decisions with your competitors. If you
               | want to collobrate, you need to incorporate and pool your
               | resources into a common enterprise.
               | 
               | And you can hire a price consultant, but that price
               | consultant can't be working for other landlords in the
               | same area. You could hire different consultants from the
               | same firm, but the firm would have to be very careful to
               | ensure that the consultants don't discuss their clients
               | with each other in any way.
        
               | AnthonyMouse wrote:
               | > These are some of the most closely guarded secrets of a
               | company.
               | 
               | This seems like a weird argument.
               | 
               | For some companies their pricing is super secret because
               | it's often negotiated and they don't want Customer A to
               | know that Customer B is getting a bigger discount, and if
               | a competitor knew Customer A was overpaying they'd send
               | them an offer.
               | 
               | But for others the price is just the price. Nobody is
               | going to Walmart to haggle. All of Walmart's competitors
               | know exactly what Walmart's customers are paying because
               | it's written right there on the sign. So how could it be
               | illegal to tell them?
        
               | tsimionescu wrote:
               | That's not what I mean by pricing decisions. You of
               | course know how much Walmart asks for tomatoes. What you
               | don't know, and is a closely guarded secret, is how
               | Walmart arrived at that price. Is the current price close
               | to their minimum possible, and would they remove tomatoes
               | from the shelves rather than drop this price if the
               | demand wasn't high enough? Are they expecting to increase
               | it or decrease it in the next six months?
               | 
               | And this information is important, because if Whole Foods
               | knew it, they could either (a) try to undercut Walmart to
               | steal their customers, but also could (b) safely increase
               | their price knowing that Walmart plans to do the same,
               | and so not fear losing tomato customers to Walmart.
               | 
               | In contrast, landlords working with RealPage know that at
               | least a large percentage of other landlords follow the
               | exact same pricing strategy, and thus be secure that, if
               | they also refuse to lower prices as the algorithm is
               | recommending, they won't lose tenants to other landlords.
               | Of course, some of them might chose option (a),
               | undercutting all the others, but that's not a real
               | problem in a cartel with so many small members (one
               | cheating member won't significantly affect prices).
               | 
               | So, it's not illegal to say "you know, Walmart charges 2$
               | for a tomato". But it _is_ illegal to say  "you know, I'm
               | in talks with Walmart to convince them to charge 2.5$ per
               | tomato starting tomorrow".
        
               | AnthonyMouse wrote:
               | > What you don't know, and is a closely guarded secret,
               | is how Walmart arrived at that price.
               | 
               | This is often not that much of a secret either. In many
               | cases it's as simple as: Look at what competitors are
               | charging, set your price the same or slightly lower, and
               | if that price isn't profitable then don't carry it.
               | 
               | Which is why concentrated markets are basically as bad as
               | a monopoly. If all you have is Walmart and Whole Foods
               | then Walmart can raise prices, Whole Foods sees this and
               | raises theirs too, and then they both leave it there
               | because that's better for both of them than the lower
               | price. Doubling their margins is more profitable than
               | increasing their market share from 50% to 75%. Tripling
               | their sales isn't on the table because they each started
               | with 50% and you can't have 150% of the market.
               | 
               | Whereas if there are a hundred stores, even if 80 of them
               | try to match Walmart's price increase, 20 of them notice
               | that they now _can_ triple their sales or more by keeping
               | the lower price, and that 's more profitable than
               | doubling their margins. At which point others get tired
               | of losing most of their sales and lower their prices
               | again.
               | 
               | And the latter is the kind of market Walmart actually
               | operates in, which is why their marketing slogan is "low
               | prices" and not "it's for your own good".
               | 
               | > Of course, some of them might chose option (a),
               | undercutting all the others, but that's not a real
               | problem in a cartel with so many small members (one
               | cheating member won't significantly affect prices).
               | 
               | That's exactly when it's a problem, because they all have
               | the same incentive: Let the members of the cartel
               | increase the market price by withholding their units,
               | while renting out all of yours. And then it's not just
               | one landlord doing it because the only ones _not_ doing
               | it are  "selfless" idiots who could be making more money
               | by defecting against the cartel.
        
             | casualscience wrote:
             | My understanding is that further than just using software,
             | the software is optimizing to increase maximum profits for
             | the industry by causing a cartel block of people who won't
             | lower prices.
             | 
             | Any individual can go out there and build a model for the
             | rent price, the issue comes in when that model is able to
             | coordinate everyone to keep the prices high and discourage
             | competition/undercutting.
        
               | koliber wrote:
               | You seem to hit the crux. There is a blurry line here and
               | I had a hard time seeing where it really divides legal
               | and illegal until your comment.
               | 
               | Showing that the average rent is this, the min and max
               | are that, and the percentiles look like this is probably
               | legal. Showing historical trends is also legal.
               | Recommending a certain rent based on a single shared
               | algorithm used by all the players begins to cross that
               | line.
        
               | avarun wrote:
               | Especially when it uses _material non-public information_
               | in order to do so.
        
               | trogdor wrote:
               | Using material non-public information to set prices is
               | not illegal.
               | 
               | Colluding with other sellers to fix prices is illegal.
               | That is the issue here.
        
               | Geisterde wrote:
               | Except, setting higher prices doesnt discouage
               | competition, it encourages it. It makes it far more
               | profitable to undercut anyone foolish enough to buy into
               | this strategy.
        
               | nottorp wrote:
               | Yep, especially with housing. You just build more homes
               | quickly, right across the street from the overpriced
               | ones, and rent them for cheaper.
        
               | tomn wrote:
               | "just" is doing a lot of work there. If the cartel model
               | is profitable, then those taking part have the incentive
               | and resources to buy up property in the areas that they
               | operate in themselves.
               | 
               | At least where I live, there are landlords who operate
               | reasonably (reasonable rents, with safe and maintained
               | properties, that respond quickly to issues), but there's
               | so much demand relative to supply that it doesn't really
               | affect the ones who are just trying to extract maximum
               | profit.
        
               | projektfu wrote:
               | Missing sarcasm tag on building homes quickly.
        
               | nottorp wrote:
               | Also on right across from the overpriced ones.
               | 
               | Should have been obvious...
        
               | Geisterde wrote:
               | There is property for sale in probably every corner of
               | the world, you dont need to build anything.
        
               | blactuary wrote:
               | This is laughable. Every major metro area in the US is in
               | the midst of a crisis of lack of housing supply.
        
               | tomn wrote:
               | Oops. I've seen worse free-market capitalist opinions
               | held earnestly on HN, so it's hard to tell...
        
               | nottorp wrote:
               | Yeah, the one i replied to for example :)
        
               | zenapollo wrote:
               | Please ignore this fool, they are clearly a dogmatic
               | libertarian type, not someone who thinks in complexity.
               | He even cited Econ 101 as a source lol.
               | 
               | As long as there are financial speculators, price bubbles
               | will happen. A massive recession can clear out
               | speculators and burst price bubbles, whom will have in
               | the meantime, fleeced the public for billions, as will as
               | made many be homeless.
               | 
               | In commodities markets, the CFTC has different rules
               | about what speculators can do vs real market participants
               | (real producers and consumers). There are very few
               | rules/laws that disincentivize real estate speculation
               | and many forces that incentivize it. These algorithms are
               | additional tools that help speculators maximize profit.
               | 
               | Housing has very limited supply and very inelastic
               | demand. Prices will not come down unless there is another
               | 2008 style recession. Speculators will continue to pile
               | in and fleece renters maximally.
               | 
               | You might say well that's just business, but the
               | algorithmic price collusion is really not my biggest
               | issue. I think there's a different moral question we
               | should ask. What is the number of single family
               | properties a single company should own in a given market.
               | Should they be allowed to own 100%? My silly libertarian
               | friend would say why not? The market will correct. A
               | stronger thinker would probably see that a legal limit
               | probably makes sense.
        
             | jkoudys wrote:
             | Which makes this a great example of the shittiest side of
             | "AI": not as software techniques to detect patterns and
             | relationships, but as a method for obfuscating your
             | sources. This software really is just saying "don't price
             | fix by talking to eachother, price fix by having it done on
             | our platform for you."
        
             | soerxpso wrote:
             | I see how this is illegal when it's using a single
             | centralized platform that everyone implicitly agrees on.
             | However, I have a hypothetical that I'm curious about:
             | 
             | Individually, without speaking, every landlord decides that
             | it's in their best interest to charge the highest (per
             | square foot) price that a nearby property is charging. They
             | also all individually understand that if they leave units
             | vacant instead of undercutting eachother, the market impact
             | in favor of their interests will be sufficiently positive
             | to justify the lost immediate revenue, and they trust
             | (blindly) that no landlords will defect from this
             | prisoner's dilemma. There's no communication at all; they
             | all just understand game theory and have blind trust in
             | their fellow landlords.
             | 
             | This would have the exact same material impact on renters.
             | The only difference is that it's slightly harder to pull
             | off. Is it illegal, and should it be illegal?
        
           | aaomidi wrote:
           | The issue is, you're one person doing this manually. That
           | means there's also a ton of people who don't.
           | 
           | This algorithm, unlike a single person, ends up taking over
           | entire cities, which means now there is no supply & demand.
           | There is supply, and all that supply is effectively the same
           | number.
           | 
           | Demand has no other choice other than meet the supply where
           | they are. It's either that or being without a house.
        
             | theragra wrote:
             | What if there are multiple vendors selling algorithms? Open
             | source bots doing this? How many bots is a collusion?
        
               | polygamous_bat wrote:
               | Even if you're talking to your next door landlord and
               | coming up with a joint price, it's collusion.
        
               | dragonwriter wrote:
               | > What if there are multiple vendors selling algorithms?
               | 
               | Then each vendor's customers may constitute a small price
               | fixing conspiracy, which is still illegal (price fixing
               | _doesn't_ have a market threshold before it is illegal)
               | but also a lot less effective, so it probably would be a
               | transitory condition even if it didn't get punished.
        
           | dkjaudyeqooe wrote:
           | 1. I'm going to use this pricing service.
           | 
           | 2. I'm not going to deviate from what it tells me.
           | 
           | 3. I know everyone else (who matters) is using this service
           | in the same way.
        
             | hnburnsy wrote:
             | What amazed me was that sometimes the recommendation from
             | the software was to not lease a unit to anyone.
        
               | bluGill wrote:
               | you should always have a unit not leased so that you can
               | lease it to someone who needs it now and is willing to
               | pay. If you only have a few units though you will never
               | hit that point where the theory is worth the risk the
               | desperite person comes along.
        
               | lupire wrote:
               | Why would that desperate person be willing to pay the xN
               | premium needed to cover the idle time? Why would there be
               | exactly one desperate person in the market? You need a
               | curve, charging more as the space fills up. Desperate
               | renters don't have infinite money. People with money are
               | the people who are not desperate, because they have
               | flexible options.
        
           | letmeinhere wrote:
           | The algorithm is _not_ operating on public info, it is
           | soliciting proprietary pricing and vacancy data that is not
           | available to renters or regulators. That secretive
           | information sharing is the basis of the whole scheme.
           | 
           | And the collusion doesn't stop with this information
           | hoarding; the pricing recommendations are as profitable as
           | they are precisely because many property owners in a market
           | are enacting them with the knowledge that a known quantity of
           | their peers have no intent to undercut. Sure, someone can
           | renege on that, but collusion doesn't require that you have
           | an airtight legal contract to bind all parties; after all,
           | such contracts are inherently illegal!
        
             | jessriedel wrote:
             | > That secretive information sharing is the basis of the
             | whole scheme.
             | 
             | can you recommend a link that this describes this in
             | detail?
        
               | karmajunkie wrote:
               | the link at the top of this thread does so.
        
               | jessriedel wrote:
               | It does not
        
               | colechristensen wrote:
               | https://www.propublica.org/article/doj-backs-tenants-
               | price-f...
               | 
               | Contains links to an investigation and lawsuits where you
               | can read DOJ complaints
        
               | jessriedel wrote:
               | Right, but I'm asking a more specific question: what is
               | the secret info that they are sharing? Is it just the
               | rents?
        
               | letmeinhere wrote:
               | The propublica article linked at the beginning of this
               | thread is how I learned about these parasites. Definitely
               | recommend.
               | 
               | https://www.propublica.org/article/yieldstar-rent-
               | increase-r...
        
               | refurb wrote:
               | Where?
               | 
               | All I see is this: "A company representative said in an
               | email that RealPage "uses aggregated market data from a
               | variety of sources in a legally compliant manner.""
               | 
               | The only non-public data are it's own customers. But if
               | I'm a massive landlord with multiple units, I have the
               | same advantage?
        
               | trifurcate wrote:
               | > But if I'm a massive landlord with multiple units, I
               | have the same advantage?
               | 
               | The entire point is that monopolization confers the same
               | advantage that this scheme does.
        
               | olliej wrote:
               | The whole idea of anti-monopoly laws is to prevent price
               | fixing by market, and there are numerous (illegal) ways
               | to do that: being a monopoly and using that position to
               | set prices that are not representative of market value
               | (both buying and selling. Iirc antitrust in the us
               | started as a result of standard oil setting the price oil
               | would be bought from suppliers).
               | 
               | Another illegal option is collusion. That is a group of
               | competitors get together and set a price that they will
               | all use, again independent of actual Market value, just
               | because the colluders have sufficient control of a market
               | that when they set a price people have no choice but to
               | pay it. This is super effective when the market it not
               | fundamentally "free" like housing, gas, power,
               | healthcare, etc.
               | 
               | What these companies are doing is providing a tool to
               | launder the collusion between competitors in a market, by
               | having every "competitor" in the market get an
               | "algorithmic" price that is fundamentally tied to the
               | "algorithmic" price they provide every other
               | "competitor".
               | 
               | If these landlords got together in a room and decided the
               | prices as is happening here, it would be more or less
               | immediately subjected to scrutiny. By doing the same
               | thing via a third party and calling it an "algorithm" it
               | is somehow not subject to the same restrictions.
        
               | Geisterde wrote:
               | By the time the lawsuit against standard oil had
               | concluded, they had lost market share, because price
               | fixing doesnt work in real life, as more than a few
               | industrialists have had to learn the hard way. Rents and
               | mortgages are too high, but you are looking in the wrong
               | place thinking housing costs are high due to price
               | fixing.
        
               | fireflash38 wrote:
               | Do you have some papers to back up the claims that price
               | fixing doesn't work?
        
               | Geisterde wrote:
               | Sure, I would recommend you start with "basic economics",
               | 5th edition, by thomas sowell.
        
               | ethbr1 wrote:
               | Are you speaking in the long term?
               | 
               | Because it certainly works over decades-term.
               | 
               | Standard still had 70% market share when it was charged,
               | and 64% by the time it was broken up.
               | 
               | Over the ~40 years it existed, it was incredibly
               | profitable.
        
               | Geisterde wrote:
               | I submit that the long term issues we are having in the
               | united states, are in fact the result of short term
               | solutions. Also, standard oil controlled more like 90% of
               | the market, so in that context they had lost more like
               | 25% by the time the trial concluded.
        
               | ethbr1 wrote:
               | 64% is still an _incredible_ pricing and profitability
               | position. Most firms would kill to be in such a
               | situation!
               | 
               | Apple has, what, 20% smartphone market share?
               | 
               | And look at the margins they're able to run. Granted,
               | boosted by platform lock-in.
        
               | batch12 wrote:
               | I am not finding the phrase price fixing anywhere in that
               | book. Am I holding it wrong?
        
               | Geisterde wrote:
               | Its a book on basic economic reasoning, price signals,
               | competition, those things are covered from a principled
               | basis, sorry if it doesnt ctrl+f to tell you how
               | irrational the idea of price fixing is.
        
               | jrflowers wrote:
               | You make an interesting point. While the concept is never
               | introduced in the book, the sum total of the information
               | of the book is that price fixing doesn't work.
               | 
               | How do I square that with the lesson that I learned from
               | the Bible? While price fixing is not mentioned in it it
               | is pretty clear that it says that price fixing works
        
               | blactuary wrote:
               | I would recommend going beyond Econ 101, as well as
               | observing the real world and reams of empirical evidence.
               | Housing is not a perfectly competitive market for widgets
               | with an abundance of sellers where everyone has perfect
               | information and there are no transaction costs. "(illegal
               | behavior X) could never happen because markets" is
               | freshman dorm at UChicago thinking
        
               | BoiledCabbage wrote:
               | > price fixing doesnt work in real life
               | 
               | Yeah you're gonna need some pretty strong support to make
               | a claim like that - and not just an anecdote from the
               | internet. Do you have any new proof upending long
               | solidified economics?
        
               | jessriedel wrote:
               | Are you talking about this?:
               | 
               | > One advantage RealPage's data warehouse had was its
               | access to actual lease transactions -- giving it the true
               | rents paid, instead of simply those a landlord
               | advertised, RealPage said.
               | 
               | The above quote is the most substantive description of
               | info sharing I could find in the section "Who Uses the
               | Software and How It Work" in the article you linked. Is
               | the claim that the secretive info being shared is the
               | actual rents tenants are paying? Are companies and people
               | not normally allowed to share that?
        
               | stackskipton wrote:
               | >Is the claim that the secretive info being shared is the
               | actual rents tenants are paying? Are companies and people
               | not normally allowed to share that?
               | 
               | Companies and people generally do not share this
               | information publicly and most companies consider it
               | extremely proprietary.
               | 
               | So yes, that what's these lawsuits are about. All these
               | companies share this extremely sensitive data (Vacancy
               | data, actual rent and length of rental contract) with
               | RealPage, Realpage algorithms use it to price rent.
        
               | hinkley wrote:
               | Another thing the could do with this information is, if
               | one of their customers has to take a bunch of units off
               | the market to refurbish/abate them, it can instantly
               | increase all of the prices for their other customers
               | because it knows the supply just changed.
        
               | jessriedel wrote:
               | I mean, tenants share this info all the time. I'm not
               | aware of them doing it really systematically anywhere,
               | but I doubt there would be objections if they did.
               | Likewise, no one objects when employees share salary
               | info, anonymously or otherwise, even though employees
               | usually treat this as confidential info.
        
               | stackskipton wrote:
               | And? This is companies with perfect set of data vs some
               | theory crafted world where everyone individually did it
               | perfectly?
        
               | letmeinhere wrote:
               | Yes, actual rents of all units under management,
               | specifics about what properties are vacant, when
               | properties are available to go up for lease renewal or
               | open market, and I imagine also detail on deferred
               | maintenance, to aid in deciding when to renovate which
               | units. Would not be surprised if they take demographic
               | data too. The more you share with RealPage, the better
               | the recommendations you receive, and the higher your
               | unearned income.
               | 
               | And no, these are not routinely shared publicly.
               | Landlords are _allowed_ to open their books, but for-
               | profit businesses generally do not do so without specific
               | incentive, because it is more profitable to keep trade
               | secrets. Even if they wanted to, how would they do so? I
               | 'm not aware of a nonprofit data hub for them to dump all
               | of this for public consumption (and if I don't know, I'm
               | confident random slumlords in Cincinnati also don't).
               | Maybe RealPage can make a free and open one if they are
               | so committed to just making good honest tools for well-
               | informed market participants.
               | 
               | The publicly scrapable data is: advertisements to
               | prospective new tenants for the buildings who have
               | tenants that recently announced their intent to move (or
               | were evicted). They frequently won't even have specific
               | unit numbers attached to them. They only have to be
               | accurate enough to solicit inquiries and not get the
               | landlord sued, an extremely low bar, especially in a hot
               | market (where RealPage reaps its profits). The data
               | availability is night and day.
        
               | 1vuio0pswjnm7 wrote:
               | For folks who want to learn how these software developers
               | operate:
               | 
               | Armas v RealPage (ND California)
               | 
               | https://ia801506.us.archive.org/35/items/gov.uscourts.can
               | d.4...
               | 
               | Boelens v RealPage (WD Washington)
               | 
               | https://ia801504.us.archive.org/27/items/gov.uscourts.waw
               | d.3...
               | 
               | Cherry v RealPage (WD Washington)
               | 
               | https://ia601403.us.archive.org/33/items/gov.uscourts.waw
               | d.3...
               | 
               | Corradino v RealPage (SD Florida)
               | 
               | https://ia804709.us.archive.org/0/items/gov.uscourts.flsd
               | .62...
               | 
               | Haynes v RealPage (ND Georgia)
               | 
               | https://ia801203.us.archive.org/14/items/gov.uscourts.gan
               | d.3...
               | 
               | Kramer v RealPage (DC)
               | 
               | https://ia904705.us.archive.org/0/items/gov.uscourts.dcd.
               | 250...
               | 
               | Lazarte v RealPage (ND California)
               | 
               | https://ia804701.us.archive.org/20/items/gov.uscourts.can
               | d.4...
               | 
               | Marchetti v RealPage (SD Florida)
               | 
               | https://ia801602.us.archive.org/27/items/gov.uscourts.fls
               | d.6...
               | 
               | Morgan v RealPage (WD Washington)
               | 
               | https://ia804709.us.archive.org/25/items/gov.uscourts.waw
               | d.3...
               | 
               | Navarro v RealPage (WD Washington)
               | 
               | https://ia601407.us.archive.org/5/items/gov.uscourts.wawd
               | .31...
               | 
               | Parker v RealPage (SD Florida)
               | 
               | https://ia804709.us.archive.org/15/items/gov.uscourts.fls
               | d.6...
               | 
               | Schmidig v RealPage (ED California)
               | 
               | https://ia601603.us.archive.org/30/items/gov.uscourts.cae
               | d.4...
               | 
               | Silverman v RealPage (SD New York)
               | 
               | https://ia601506.us.archive.org/19/items/gov.uscourts.nys
               | d.5...
               | 
               | White v RealPage (Massachusetts)
               | 
               | https://ia601603.us.archive.org/30/items/gov.uscourts.cae
               | d.4...
               | 
               | Duffy v Yardi Systems (WD Washington)
               | 
               | https://ia800508.us.archive.org/30/items/gov.uscourts.waw
               | d.3...
               | 
               | Chirino v Yardi Systems (ED Virginia)
               | 
               | https://ia801307.us.archive.org/3/items/gov.uscourts.vaed
               | .54...
        
               | 1vuio0pswjnm7 wrote:
               | Correction:
               | 
               | White v RealPage (Massachusetts)
               | 
               | https://ia801500.us.archive.org/14/items/gov.uscourts.mad
               | .25...
        
               | jessriedel wrote:
               | Can you describe what secret info is being shared in
               | those cases? Is it just the rents people are paying?
        
             | Terr_ wrote:
             | > Sure, someone can renege on that, but collusion doesn't
             | require that you have an airtight legal contract to bind
             | all parties; after all, such contracts are inherently
             | illegal!
             | 
             | Small nitpick, _collusion_ in a general sense is not
             | illegal, but a price-fixing contract /conspiracy would be a
             | crime under the Sherman Antitrust Act.
        
           | turquoisevar wrote:
           | This is why nuance and details are key in legal matters and
           | where the sum is greater than the parts. Where the line gets
           | drawn is often unclear and is often a matter of "I know it
           | when I see it".
           | 
           | Just individually comparing prices isn't an issue.
           | 
           | What _does_ become an issue is if (at least) all of the
           | following are met.
           | 
           | - You use an algorithm service does automates all of this
           | 
           | - This algorithm uses both public and private data
           | 
           | - The algorithm is ubiquitous and widely used by almost every
           | relevant market player
           | 
           | - The algorithm tells all users to not negotiate and the
           | users abide by this recommendation
           | 
           | - All of the above has a noticeable effect on the market to
           | the detriment of a big demographic of market participants
        
             | tsimionescu wrote:
             | Per the FTC filing, many of these are not relevant for
             | deciding if illegal price fixing has occurred.
             | 
             | It doesn't matter how the algorithm operates. If all
             | landlords in an area publically agree that they will set
             | rent prices at 400xx the price of a coke can, they are only
             | using public information, but still engaged in price
             | fixing.
             | 
             | It doesn't matter how many people actually use the
             | algorithm. If you try to start a cartel to do price fixing
             | and only succeed in convincing two of your 50 competitors
             | to participate, you've still engaged in illegal price
             | fixing.
             | 
             | It doesn't matter if individual price negotiation happens
             | or not. If a bunch of companies agree to set the same list
             | price, but also agree that they can offer deals to their
             | customers, they are still engaging in illegal price fixing.
             | 
             | It doesn't matter if the scheme actually succeeds in
             | changing the prices. If two companies meet and agree to set
             | prices at a certain value, but then they backstabber each
             | other and undercut the agreed price, or simply other
             | companies in the space who were not part of the scheme have
             | too much market power to allow prices to change, the
             | original companies still agreed to an illegal price fixing
             | scheme and are guilty.
             | 
             | All of the above will probably have a massive impact on the
             | amount of damages and so on. But they have no bearing on
             | the verdict, as the FTC lays out at length in the filing
             | they link from the article. And this is not speculation, it
             | is established case law.
        
               | chii wrote:
               | > meet and agree to set prices at a certain value
               | 
               | so the question becomes what it means to "meet and
               | agree".
               | 
               | If these companies never communicated, and all came to
               | the same conclusion of a price floor (that happens to all
               | be the same), then how can it be price fixing?
               | 
               | To me, price fixing require that the parties agree
               | (explicitly, or implicitly with punishment) to _not_
               | lower the price regardless of the lack of sales. It is
               | not enough to have the same price (however that price
               | comes about is irrelevant).
        
               | tsimionescu wrote:
               | If they can prove they never met otherwise agreed on a
               | price, but they just happened to take the same decision,
               | then yes, it's not price fixing.
               | 
               | But if they are using the same third party that is
               | telling explicitly telling them "your price should be
               | this", then it's quite clear that they _have_ agreed on
               | the same price. Doing so indirectly doesn 't make it any
               | better.
        
             | chii wrote:
             | > - The algorithm tells all users to not negotiate and the
             | users abide by this recommendation
             | 
             | that is the only relevant part that makes it price fixing.
        
           | HumblyTossed wrote:
           | > I'm naturally going to go onto rental search sites and look
           | at what similar houses in the area are renting for, and
           | probably ask something pretty close to that.
           | 
           | Or, Say I own and house, and I want to rent it out. I would
           | calculate how much I would have to charge for rent for it to
           | be worthwhile to me. Why would I care what anyone else is
           | charging?
        
             | pylua wrote:
             | Because you want to maximize your profit and get the most
             | from your investment. You also want to see, generally
             | speaking, if it is even reasonable that anyone would to
             | rent out your house at that price
        
             | zymhan wrote:
             | > Why would I care what anyone else is charging?
             | 
             | Then you probably shouldn't be participating in this
             | discussion.
        
             | bikezen wrote:
             | You have a duty to your family/pets/shareholders to extract
             | maximum value clearly. /s
             | 
             | I added /s because dear lord this thread is full of people
             | who think its true. Housing shouldnt be an investment venue
             | when we have millions unhoused.
        
               | codexb wrote:
               | That's like saying people shouldn't invest in farms, or
               | pharmacies, or water pumps because there are poor or
               | mentally disabled people who have trouble securing and
               | affording those products.
        
               | lupire wrote:
               | The difference is whether the good in question is being
               | produced by investment, or monopolized by investment.
               | This has been enshrined in law for over a century.
               | 
               | You want to make more money in housing? Build more
               | housing.
        
             | refurb wrote:
             | Because the rental market is detacted from the prices in
             | the ownership market. Rents can be much higher or much
             | lower than the carrying costs of owning.
             | 
             | If you just charge what you need to cover costs you may
             | find yourself with a vacant apartment.
        
             | closeparen wrote:
             | It's generally good to have an economy where you can just
             | exchange the market price for the thing, vs. the "price" is
             | low but the actual criteria for getting access to stuff is
             | connections, bribes, waiting, luck, conformity, etc.
        
             | bluGill wrote:
             | Generally when you first build / buy a property the market
             | rent is below your calculated needed rent. however with
             | time you pay the property off and inflation raises the
             | amount the market allows you charge. Thus you need to
             | follow the market price and invest for the long term. In
             | year 40, you can charge below market rent and be fine, but
             | until then you haxe to charge as much as the market allows
             | to break even vs other investments.
        
             | tsimionescu wrote:
             | You can of course advertise at any price you want.
             | 
             | But, if the price you calculate this way is too large, no
             | one will rent your house.
             | 
             | And, if the price you set this way is too low, you're
             | leaving money on the table, which you may or may not be
             | fine with. If the difference is high enough, someone might
             | even pay you the rent you asked for, but then rent it out
             | themselves to someone else for the higher price, and pocket
             | the difference, which you may feel cheated by.
        
               | BlueTemplar wrote:
               | Contracts often forbid sub-renting.
        
           | lowbloodsugar wrote:
           | If you own a house and it sits empty for a year because an
           | algorithm told you you could get more for it, you're an
           | idiot. If you use an algorithm to effectively collude with
           | others _and_ you fail to rent your house but keep rents
           | artificially high, then you an idiot and a criminal.
        
             | bluGill wrote:
             | If you own 100 houses to rent it is already known you
             | should have a few empty at all times.
        
             | lozenge wrote:
             | I don't think it suggested leaving places empty for a year.
             | Rather they wanted to spread out lease renewals. If
             | everybody's lease ends in September then your property is
             | competing with a lot of others. Whereas if you keep it
             | empty until February then offer a 12 month lease, your
             | renter will have much fewer choices and is more likely to
             | stay (despite your demand of a high rent increase).
        
             | FireBeyond wrote:
             | This generally isn't targeted at single property
             | homeowners/landlords.
             | 
             | RealPage says if you have a portfolio of apartments, that
             | following their recommendations will generate you more
             | overall, regardless of occupancy. Their algorithm literally
             | is "it is better to rent out 19 units at $X, when the
             | demand will drop to 0.94X if there's 20 available". And it
             | can do so because it happens to know that the other 80
             | units on the market with other landlords will be following
             | the same rule.
        
           | ThrustVectoring wrote:
           | You're over-emphasizing the _methods_ by which these people
           | are price-fixing, rather than the result. The result is a
           | price higher than the market-clearing price that is low
           | enough to find tenancy for all housing. _Any_ scheme to
           | generate excess profit by raising rent above this price is
           | (or ought to be) illegal, whether it 's colluding to do price
           | fixing, using some algorithm to price-fix, or monopolizing
           | the market.
        
             | closeparen wrote:
             | All store owners should be jailed, then, since the presence
             | of inventory on their shelves is proof of a scheme to
             | generate excess profit by charging higher than market-
             | clearing prices - or it would have sold already.
        
               | bluGill wrote:
               | We only know current inventory. As I write this in early
               | March stores are starting to order their halloween candy
               | (the orders need to be in by somethime in april). You do
               | not know what candy your competitor will order, but this
               | is relavant to sales since you will price match their ads
               | and in turn lower priced candy will sell in greater
               | quantities.
        
             | tsimionescu wrote:
             | The FTC is claiming the exact opposite, basically.
             | 
             | Colluding to fix prices, by any means, is illegal. It is
             | still illegal even if the scheme is only followed by a
             | handful of those who "agreed" to it. It is still illegal if
             | it utterly fails to control the price and thus has no
             | material impact.
             | 
             | It's like trying to scam people. You're not allowed to try
             | to defraud people. It doesn't matter if your scam is so bad
             | that it would cost you more money to execute than you would
             | get out of it, and it doesn't matter if no one engages with
             | your scam at all: what you were doing is still illegal.
        
               | lupire wrote:
               | FTC would not be interested if the scheme hypothetically
               | somehow had no effect. They said that it is still be
               | illegal even if it is imperfect. Empirical reality still
               | gets a vote, for pragmatic reasons.
        
             | HDThoreaun wrote:
             | > The result is a price higher than the market-clearing
             | price that is low enough to find tenancy for all housing
             | 
             | This is impossible. If all the units are rented then by
             | definition the market clearing price is being charged. The
             | collusion comes when landlords start leaving units vacant.
        
           | nkrisc wrote:
           | I won't belabor the point others have made, but if the end
           | result is price fixing, it's price fixing.
           | 
           | The law isn't code and it is open to interpretation and
           | intent and outcomes matter, sometimes more than the methods.
        
             | lupire wrote:
             | So the law is an AI model :-)
        
           | hnburnsy wrote:
           | Prices on rental search sites are wishes not actually leased
           | costs and would be missing things like the term, pets, and
           | incentives.
        
           | FireBeyond wrote:
           | The service also requires you to go with their recommendation
           | 95% of the time, and at a certain point requires you to go
           | with their recommendation, and you can only "request an
           | override" that RP can allow or deny at their discretion (of
           | course, they can't enforce it, other than to kick you off
           | their service, with no refund).
        
           | bostik wrote:
           | Subscribing to a pricing data service: legal.
           | 
           | Using data feed to guide pricing and set initial figures:
           | legal.
           | 
           | Agreeing, either implicitly or explicitly, to let the pricing
           | data feed set the _price floor_ : collusion.
           | 
           | Leaving units unsold and refusing to lower the price despite
           | insufficient demand: usually a bad business decision,
           | possibly indicator of a market failure.
           | 
           | Leaving units unsold to _maintain agreed-upon price floor_
           | despite insufficient demand: collusion, market manipulation.
           | Congratulations, you are a cartel.
        
             | ethbr1 wrote:
             | I guess the other way of looking at it is:
             | 
             | What is the value of subscribing to a pricing service where
             | you have no idea how your competitors are using the numbers
             | (over-, match-, under-price)?
             | 
             | Versus what is the value of same, if you know your
             | competitors never under-price?
             | 
             | That value difference is the value of running a cartel.
        
             | hinkley wrote:
             | But we are disrupting markets! Doesn't that make us trendy
             | and forward thinking??
        
           | mu53 wrote:
           | Pulled from the Sherman Act, Section 1. Available on
           | wikipedia
           | 
           | > Every contract, combination in the form of trust or
           | otherwise, or conspiracy, in restraint of trade or commerce
           | among the several States, or with foreign nations, is
           | declared to be illegal
           | 
           | It is written in a general way to catch all problems going
           | into the future. The problem is translating this to case law.
           | Often judges ask the question "Is this bad for the consumer?"
           | If rents are rising faster than inflation with more consumers
           | becoming homeless citing cost of rent while vacancy rates are
           | increasing, the market is bad for the consumer and the
           | country.
        
           | cyanydeez wrote:
           | it was illegal. making a mechanical turk to kill people
           | doesn't free the turk from a crime.
        
           | kevin_thibedeau wrote:
           | Your acting on independent research doesn't distort the
           | market. If you directly or indirectly control pricing in 30%
           | of housing stock you can drive prices up incrementally
           | because you have influence on every lease offer in that
           | population.
        
           | MagicMoonlight wrote:
           | Imagine you are Microsoft and you want to collude with Amazon
           | to rig compute prices.
           | 
           | You both agree to follow the recommendations of an unbiased
           | Amasoft Price Calculator tool. This tool uses an advanced
           | algorithm looking at thousands of data points and always
           | returns the same price, $10000 per month.
           | 
           | You both follow this independent tool and end up pricing it
           | the same. Is this a fair system? You're both subscribing to
           | an algorithm.
        
           | ametrau wrote:
           | You can't be part of a price fixing cartel no.
        
         | dkjaudyeqooe wrote:
         | > One of the algorithm's developers told ProPublica that
         | leasing agents had "too much empathy" compared to computer
         | generated pricing."
         | 
         | That's true by definition. What's shocking is that the
         | developers want to replace leasing agents with a sociopath.
        
           | Espressosaurus wrote:
           | Why is that shocking? It's not just laundering the price
           | fixing, it's laundering the guilt.
        
             | dkjaudyeqooe wrote:
             | Shocking that he figures that the right amount of empathy
             | is zero (see toomuchtodo's comment).
        
               | ClumsyPilot wrote:
               | Seems fairly typical of software developers drunk on cool
               | aid
        
           | toomuchtodo wrote:
           | The developer in this case is the sociopath. Not uncommon.
        
             | Espressosaurus wrote:
             | It's a banality of evil situation for the developer and
             | their entire chain of command.
        
           | voidfunc wrote:
           | This is shocking? You're kidding right?
        
         | refurb wrote:
         | But YieldStar is just automating what every landlord does
         | anyways - looks at comparables. And large rental corporations
         | can get pretty sophisticated in data analysis.
         | 
         | So the FTC says "price fixing by algorithm is still price
         | fixing". If I scrap rental data from a website and then
         | determine my own rental price, is that price fixing? Doesn't
         | seem to me.
        
           | vineyardmike wrote:
           | What's missing from your view is the scope. yield star is
           | provided the same data to a large chunk of the market (in
           | some rental markets). Going online and looking at comparables
           | isn't one company setting the price for every market
           | participant.
        
             | tsimionescu wrote:
             | The scope isn't exactly what's important. Whether their
             | selling to 80% of the market, 1% of the market, or even
             | just to 2 competing landlords, what they're doing is still
             | price fixing.
             | 
             | The only thing that's legal is doing your own pricing
             | research, using your own methods. You can hire a consultant
             | to do this for you, but this burden then transfers to them:
             | they can't consult for multiple competing businesses.
        
           | heroprotagonist wrote:
           | Well, yes, if you continuously adjust your prices to match
           | your competitors, rather than basing your changes on other
           | factors (changes in maintenance expenses, inflation, property
           | values as a whole, changes in area demographics like crime
           | rate, school quality, walkability, availability of services,
           | etc), and you do this at the same time they do, then that can
           | be an indicator to the law that you're engaging in price
           | fixing.
           | 
           | But it's not the only indicator, and likely is insufficient
           | on its own if you don't have significant enough share of the
           | local market for changes in the prices you make to ripple
           | outwards to smaller players. It's hard enough to get them to
           | go after the big players, so they won't go after you.
           | 
           | Usually price fixing requires multiple indicators. The law
           | doesn't have to prove that Bob is talking with Alice and
           | prove that they're discussing how to raise rents with each
           | other. Prosecutors just need to demonstrate that Bob and
           | Alice are both doing the same things, around the same time,
           | which contribute towards artificial increases.
           | 
           | As players get larger, their policies and procedures have
           | greater impact over an area. Their practices get more
           | scrutiny because of this greater impact. That's one (of many)
           | reasons we see large companies spread themselves to multiple
           | cities. While nobody bothers when someone who rents a dozen
           | units uses algorithms to set their prices, they start to
           | notice more when it's thousands of units all concentrated in
           | a single area.
           | 
           | When you get to a position where 4-5 companies can
           | significantly inflate prices for a city with millions of
           | people, how they behave is important.
           | 
           | There are other tricks they use beyond third party
           | algorithmic engagement.
           | 
           | Consider this:
           | 
           | If only 30% of the rental market engage in a laddered renewal
           | scheme where they push renters towards always renewing within
           | the same 2 month period of the year (via 10 or 14 month
           | renewals that are more financially viable than 12 month
           | renewals, or are simply the only option for renewal until the
           | renter is within that two month period) and also add
           | significant lease penalties for breaking out of that
           | schedule, it takes less than a decade to reach a point where
           | 90+% of rentals are renewing within the same two months every
           | year.
           | 
           | And what does that do? It artificially constricts supply
           | (nobody releases their lease until they've found a new
           | apartment, so many units are not displayed as available or
           | need to be accepted sight-unseen) and artificially inflates
           | demand (everybody is looking during this same time period).
           | 
           | The result is artificially increased rent. Which has a side
           | effect of inflating bubbles in the housing market. That may
           | _seem_ good for property owners, as they can sell their
           | houses for more. For a time, until the next pop that everyone
           | blames on lenders with dodgy loan acceptance criteria or
           | other criteria. Until then, homeowners pay inflated property
           | taxes. They might overextend their mortgage with the new
           | perceived value of their home that may eventually drop, etc.
           | 
           | The point is: rental price fixing is real and deliberate,
           | large players with greater impact know better but do it
           | anyway, and this is not the only trick they use. It's just
           | the one they've currently stepped far enough over the line on
           | to get caught at.
        
             | tsimionescu wrote:
             | > The law doesn't have to prove that Bob is talking with
             | Alice and prove that they're discussing how to raise rents
             | with each other. Prosecutors just need to demonstrate that
             | Bob and Alice are both doing the same things, around the
             | same time, which contribute towards artificial increases.
             | 
             | While you're right about how regulators typically approach
             | this, it's also important to note that the converse is also
             | true. That is, if they happen to get clear proof that Alice
             | and Bob agreed together to raise rents, then it doesn't
             | matter if they actually succeeded in increasing rents in
             | the area, and it doesn't even matter if they didn't follow
             | through with the agreement: the agreement itself was
             | illegal, and they would get an easy win in court (though
             | damages may be low if the material impact was low, so the
             | case may still not be worth pursuing).
             | 
             | It is typically very rare for such direct evidence of
             | collusion to exist, and thus indirect evidence like you
             | suggest is normally how this is investigated.
             | 
             | However, RealPage and the others here have provided this
             | evidence directly: the way their price recommendation
             | service is structured, the terms and conditions and so on,
             | constitute direct evidence of an explicit attempt at price
             | fixing. So, even if it turned out that _all_ of landlords
             | participating in this scheme actually  "cheated" the price
             | recommendation algorithm, and even if it turned out that
             | rents went down or stayed the same when RealPage moved in,
             | they would still be guilty of price fixing, per the FTC.
        
           | bcrosby95 wrote:
           | If you scrape rental data, then send an email to every person
           | renting a unit saying "I recommend you allow your unit to sit
           | vacant rather than renting below this price", _that would be
           | price fixing_.
        
         | FireBeyond wrote:
         | > RealPage discourages bargaining with renters
         | 
         | It's more than 'discourage'.
         | 
         | RealPage considers (their own words) landlords to be "cheating"
         | when they deviate from the recommended rates.
         | 
         | Landlords are contractually obligated to follow RP
         | recommendations 95%+ of the time:
         | 
         | > Consistent with their agreement to impose rents generated by
         | RealPage RM Software nearly all the time, Defendants agreed to
         | limit overrides. For example, a RealPage LRO training document
         | states: "Overrides should be few and far between." Similarly,
         | internal RealPage LRO training documents teach cartel members'
         | regional managers to beware of "Override Overload" or "rogue"
         | leasing agents who too frequently override the LRO-generated
         | pricing.
         | 
         | > An internal presentation created by Defendant Greystar
         | explicitly acknowledges that RealPage RM Software users should
         | each seek to accept at least 95% of the RealPage-generated
         | prices, emphasizing that "Discipline [o]f using revenue
         | management increases more consistent outcomes."
         | 
         | > Former Greystar employees have similarly confirmed that
         | negotiating rents other than those set by the RealPage RM
         | Software was unacceptable.
         | 
         | > Even where Participating Landlords do not enable auto-accept,
         | most landlords cannot, on their own, charge rents other than
         | those generated by RealPage's RM Software-- landlords can only
         | "propose an override." The landlord must then provide a written
         | business justification for why they wish to depart from the
         | RealPage-generated rent.
         | 
         | RealPage is simple fucking cartel software.
        
           | lupire wrote:
           | This is blatant flouting of the law in confidence that the
           | government will collude. Elections have consequences.
        
         | Guest42 wrote:
         | The usage of this algorithm prevents the lowering of prices by
         | simply building more units as the occupancy rate can simply be
         | adjusted.
        
         | anomaloustho wrote:
         | I worked on a direct competitor to YieldStar and we had very
         | high parity to YieldStar before we were acquired by Realpage.
         | At least, the discussions at my smaller company pre-acquisition
         | about negotiating price was that one unfortunate mis-
         | negotiation could result in a Fair Housing incident (legitimate
         | or not)
         | 
         | For example - Tenant 1 of racial profile X walks through the
         | door and is a good negotiator. Tenant 2 of racial profile Y
         | walks through the door and doesn't negotiate. Tenant 2 finds
         | out about Tenant 1 and opens a discrimination case under FHA.
         | 
         | At least the culture at my smaller company was to do everything
         | to steer the rental property away from potential Fair Housing
         | incidents. However, we did learn while working on the competing
         | YieldStar product that the simple act of removing the
         | negotiations caused a big knock-on effect of creating a revenue
         | increase. That kind of put a bad taste in our mouths, because
         | we didn't like the fact that it wasn't the software that was
         | causing the increase so much as the pre-requisite of stopping
         | negotiations. We started experimenting with how to improve the
         | algorithm even more and if it could create bigger gains that
         | drove more product value than simply the "don't negotiate"
         | effect. But we were then acquired by Realpage.
         | 
         | There are other ways these algorithms discriminate indirectly.
         | For example, these algorithms tend to dial up prices around
         | holidays like Christmas. And they do that because anyone who
         | wants to sign a lease around the holidays has a much higher
         | percentage chance of having some sort of life turmoil. (like
         | maybe a family fight broke out or abuse happened on Christmas
         | that caused someone to move out) From a business standpoint,
         | the rental property would argue, "Someone in a bad way has a
         | statistically more significant chance of also causing undo cost
         | increases or breaking leases early." -- so the algorithm cranks
         | up the prices to make up for potential costs.
         | 
         | Dialed up at the level and scope of industry control that
         | Realpage has gained over the years, then you encounter all
         | kinds of other issues.
         | 
         | The other perspective that these products take is they look at
         | the short term rental industry like hotels and AirBnB. The
         | business approaches by wondering, "Why can't long term rentals
         | be as technologically sophisticated as the short term rental
         | industry. Let's create a product that brings long term rentals
         | automation into this decade" and the issue you run into is that
         | short term rentals have 30x-100x the data points that you have.
         | So it creates a gravity towards reaching into as many data
         | points as you possibly can in order to make the product half as
         | compelling, which includes reaching into your own internal
         | data.
        
           | wholinator2 wrote:
           | How did you feel about all of that personally? What was the
           | culture inside a company like that?
           | 
           | From the outside, i couldn't possibly imagine any person
           | who's ever had trouble making rent playing along while their
           | company was unnecessarily inflicting that pain on large
           | numbers of other people. Yes, when a company is running
           | things they'll do what they can to avoid lawsuits, even if
           | that is "become a soulless algorithmic profit extractor". But
           | businesses are made of people. Was there anyone in the
           | company that had a problem with it?
        
         | EasyMark wrote:
         | It's amazing that they are providing tons and tons of public
         | admissions on how they are colluding together to make an in
         | "quacks like a duck" monopoly. I personally think this should
         | be codified in law rather than court precedence, since that
         | doesn't seem to mean much in the US "justice" system any
         | longer.
        
       | lifeisstillgood wrote:
       | Wait. If landlords gather _information_ about all other rents in
       | the country, and then use that to set a price for _their_ rents,
       | that, cannot surely, be price fixing.
       | 
       | So is the problem the "RENTmaximizer" software and other services
       | that basically gather price information ?
       | 
       | Because if perfect price information is available, and yet there
       | is no competition in the market driving prices down, well, that's
       | rentier markets for you.
       | 
       | There must be an economics PhD or two in that
        
         | chefandy wrote:
         | From the blog post: _Algorithms that recommend prices to
         | numerous competing landlords threaten to remove renters'
         | ability to vote with their feet and comparison-shop for the
         | best apartment deal around._
         | 
         | From the brief: _To participate in the service, landlords must
         | share in "real-time" their "non-public," "competitively
         | sensitive" data, including actual rents paid, occupancy rates,
         | and records of lease transactions. [Multifamily Compl. PP 227,
         | 380.] RealPage then feeds "this data into a common algorithm."
         | [Student Compl. P 5;] [Multifamily Compl. P 380.] The common
         | algorithm uses these common data for a single, common purpose:
         | to generate "forward-looking, unit-specific pricing and supply
         | recommendations" for all participating landlords. [Student
         | Compl. P 5.] To ensure that the landlords abide by these
         | "recommendations," RealPage puts significant "pressure" on them
         | "to implement RealPage's prices," including by requiring
         | clients to submit requests to deviate to the "corporate office"
         | and tracking the "identity of the client's staff that requested
         | a deviation." [Multifamily Compl. PP 17-20, 261-86.] As a
         | result, landlords using RealPage adopt RealPage's
         | recommendations 80-90% of the time. [Id. P 15.] The complaints
         | allege that RealPage was clear about the purpose of its common
         | pricing scheme: to increase prices above competitive levels
         | through collaboration._
         | 
         | Doesn't sound like the natural ebb and flow of the market to
         | me.
        
           | scrps wrote:
           | That sounds like a dark pool for the rental market.
        
             | kristjansson wrote:
             | The rental market analogue of a dark pool is the rental
             | market. All transactions are secret by default, allowing
             | higher-information parties (landlords) to set prices that
             | are advantageous to them, and prevent transactions from
             | moving the market.
             | 
             | These algorithmic pricing systems extend that information
             | advantage by pooling information across landlords (maybe
             | not illegal by itself) and leveraging their position as
             | market-wide price-setter to push rents higher, with the
             | promise that so many units are following their
             | recommendations that renters have ~no alternative (very
             | illegal price fixing)
        
               | scrps wrote:
               | The rental market is a decentralized network, with
               | companies like these the network gets routed through a
               | central node and the operator of that node has pefect
               | visibility while the connections being routed have no
               | idea what every other connection is doing like a dark
               | pool, it's the centrality that makes it an analogue.
               | 
               | I could think of several advantageous moves like
               | artificially inflating rents then favoring a well paying
               | client by keeping their rents lower than the market.
               | Investing in property spread out across shell companies
               | and then have the algo favor them in a non-intuitive way.
        
           | ummonk wrote:
           | Yeah the brief seems to be describing a much more clearcut
           | example of collusion than the intentionally vague and broad
           | blog post is trying to imply.
        
             | chefandy wrote:
             | It does come across as a bit glib, but I empathize with the
             | author.
             | 
             | I worked in legal higher-ed for a long time; I have
             | absolutely no legal education, but my job involved reading
             | lots of writing about the law, both for expert and non-
             | expert audiences. Accurately conveying the importance of a
             | topic without getting into the nitty gritty or running into
             | collisions with colloquial and legal word usage is tough.
             | Even that one paragraph I quoted had like 6 citations or
             | something, and that's not just to satisfy technical
             | requirements. There's just so much subtlety behind even
             | very common words like _may, must, shall, and will_ when
             | used in a legal context that it seems like context
             | switching is tough. The word count seems to grow
             | logarithmically with the factual and conceptual detail, and
             | even then you 're leaving out a lot of padding beneficial
             | to laypeople. We ran an open database of caselaw and we
             | regularly got questions from well-meaning folks trying to
             | inform themselves about some legal predicament by reading
             | the cases, but it's just not feasible. Lots of folks argue
             | that the whole thing is just based on shitty writing
             | practices and gatekeeping legal knowledge, which might be
             | true, but the difference is still consequential now. I
             | actually think this is one area generative AI will be a
             | huge boon, though I was skeptical until pretty recently.
             | 
             | Also, accessibility is a concern. Lawyers doing this sort
             | of work are often very concerned with making their work
             | useful to general audiences. Since subpar access to
             | educational resources and cognitive disabilities are over-
             | represented among low-income people, they're the most
             | heavily affected by this. I wouldn't be surprised if they
             | avoided a lot of nuance assuming curious people would just
             | read the brief. I imagine they'd have written it
             | differently specifically for a largely college-educated
             | professional crowd, but I can definitely see why they
             | didn't.
        
         | mcmoor wrote:
         | Yeah I see the app just as a "public stock market" of real
         | estate. If information is free, this is what it'll look like.
         | We don't call stock market a price fixing scheme aren't we?
         | 
         | But the other comment says something about coercion. Now that's
         | what price fixing is.
        
       | jhanschoo wrote:
       | > Such software can allow landlords to collude on pricing by
       | using an algorithm--something the law doesn't allow IRL. When you
       | replace once-independent pricing decisions with a shared
       | algorithm, expect trouble.
       | 
       | Enjoyable to watch norms about language (IRL) change.
        
         | berniedurfee wrote:
         | I was thinking the same thing. I had to double check that was
         | an article on a .gov website.
         | 
         | I think it's refreshingly well written and accessible. Not an
         | 800 page blob of legalese.
         | 
         | Nice job to the authors.
        
       | miiiiiike wrote:
       | I lived in a building that was owned by a hedge fund and used
       | algorithmic pricing. It was frustrating to know the vacancy rate
       | in the building, how desperate the sales people were for
       | residents, and still be told that rent was going up hundreds of
       | dollars a month because of demand in the region.
       | 
       | Another thing they did was to offer lower rent if you moved into
       | a unit that was vacant. They "incentivized" people to move every
       | year instead of just increasing the rent a reasonable amount. I'm
       | talking rent going up $500-$1,000/month unless you moved into the
       | identical unit next door. Most of the people in the build paid
       | the increases but we were young so we moved.
       | 
       | Our first year we lived in a small 1br. When the lease came up
       | they wanted to increase our rent by $600/month. We opted to move
       | into a huge 2br with limited light that had been vacant for a
       | year or two. When our lease on that one came up they wanted to
       | more than double our rent because there was such high demand for
       | the unit.
       | 
       | We were the demand.
        
         | scotty79 wrote:
         | I don't know how regulators can look at this number of
         | vacancies and conclude that yes, the taxation on property with
         | vaccancies is as high as it should be.
        
           | lotsofpulp wrote:
           | Should be a formula that keeps increasing the tax liability
           | per empty month, so eventually the owner has to dump it for
           | zero or give it back to the government.
        
             | bluGill wrote:
             | You want a number of empty units in your city so that if
             | you want to move there is a place to move to. No empty
             | units means someone does without. You don't want too many
             | empty units of course. some is needed.
             | 
             | this price fixing is partially about units not even for
             | rent which is a different problem you don't want. (but you
             | want some units not for rent while they remodel)
        
           | screenobobeano wrote:
           | I am really a proponent of the Chinese system. I'm a real
           | estate investor and this "free market" isn't going to last
           | much longer since owning vacant homes will net you more than
           | virtually anything else you could do legally. Real Estate is
           | a free money machine, and it won't stop until we adopt
           | realistic government controlled system.
        
             | carom wrote:
             | What is the Chinese system?
        
               | trimethylpurine wrote:
               | The Chinese system restricts foreign nation state actors
               | from buying everything so they will not be able to do
               | what China is doing to the US. The US has only just
               | started writing policies to address that (for example:
               | [1]), probably because for so many decades Americans
               | wanted to believe that China was an ally, or at least a
               | well meaning business partner. China proves that
               | capitalism doesn't work by destroying it.
               | 
               | [1] https://www.faegredrinker.com/en/insights/publication
               | s/2024/...
        
               | xbmcuser wrote:
               | China is not doing anything to the US, western countries
               | were willing to hide the black money of countries before
               | as it helped their economies. As China and other
               | countries got richer the amount of money those people
               | started bringing and putting into the real estate of
               | western cities in the world exploded. The property market
               | crash of 2008 and low interest rates made the situation
               | worse. Now people in the west are crying about property
               | prices but if they stopped allowing in black money from
               | countries they would not face the problem they do. If
               | they can find out about terror financing etc then they
               | for sure can find all the corruption and black money
               | coming into their countries/cities.
        
               | trimethylpurine wrote:
               | _> China is not doing anything to the US_
               | 
               | In many cases the ownership has been traced to government
               | funding. The suspicion is that these are just the tip of
               | the iceberg.
               | 
               | So, at least in the eyes of the US Congress, based on
               | some damning evidence, China is doing something to the
               | US.
               | 
               | That said, "black money" is also a problem. But I suspect
               | that's the case in China as well. There's no way to
               | eliminate all corruption, even in China.
        
               | pyr0hu wrote:
               | China is doing the same in the EU. In european capitals,
               | they are buying up the properties, increasing the rents
               | and pushing out young couples from renting flats for a
               | reasonable price. There are districts in Budapest where
               | all flats are owned by chinese people. How does it help
               | the EU economies, if they are leasing without contract,
               | without tax, without anything illegally? They came every
               | month, you pay in cash, no trace (but this applies to 99%
               | of hungary renting, so it's the issue with the current
               | rental system), they aren't even injecting money into the
               | economy this way. And it's getting ridiculous that 26-28
               | year old people cannot rent a flat by themselves and have
               | to resort to renting a single room only for 30-40% of
               | their salaries.
        
               | xbmcuser wrote:
               | It's not china ie chinese government doing it but rather
               | Chinese people purchasing residential properties. Chinese
               | government is interested more in stuff like ports,
               | airports/infrastructure. In actual fact China would
               | prefer the money it's population is spending abroad is
               | spent at home specially since the COVID slow down has
               | slowed it's economic growth. So china restricts money
               | going out of its borders now western countries could help
               | China block it but that would be helpful to Chinese
               | communist government so they don't and that is resulting
               | in their own citizens getting priced out of their own
               | cities.
        
               | trimethylpurine wrote:
               | _> It's not china ie chinese government_
               | 
               | At least in regards to the US, no one can really know
               | that. The Chinese government technically doesn't own
               | anything in the US anymore. The alarm is being raised
               | because supposedly private Chinese enterprise includes
               | ownership of significant American food production (e.g.
               | largest pork manufacturer), farm land, homes near
               | military facilities, etc. Those are strategically sound
               | holdings for national defense in both countries. Suburbs
               | are built on farm land, etc. It's very difficult to
               | decouple real estate from national defense, really.
               | 
               | That said, "Chinese people" don't own all that much in
               | the US overall when compared with other countries. China
               | is being singled out because they have been caught spying
               | repeatedly. They stood and burned their embassy and
               | refused to allow firefighters in. There is military
               | posturing. They are invading American airspace over the
               | US mainland. All these combined paint such purchases in a
               | suspicious light at the very least.
               | 
               | There's enough evidence to know that the Chinese
               | government is funding at least some of the purchases. It
               | could be most of these purchases. No one can know for
               | sure, not even the individual buyers themselves. Only the
               | Chinese government knows.
               | 
               | I think the same applies in Europe?
        
               | Y_Y wrote:
               | What on earth is a "foreign nation state actor"? Do you
               | mean "country"?
        
               | trimethylpurine wrote:
               | In the US this term is used to distinguish a country's
               | government from its people. It refers specifically to a
               | person or enterprise acting at the direction or as part
               | of a country's government or military, as opposed to a
               | private citizen. That's an important distinction in a
               | country obsessed with protecting civil rights where
               | nationality is a protected class. Under US law,
               | preventing the purchase of a house based on national
               | origin is unconstitutional. But if they are acting on
               | behalf of a foreign government... You get the idea.
        
             | AuryGlenz wrote:
             | Real estate will continue to be a good investment as long
             | as demand outstrips supply.
        
             | Georgelemental wrote:
             | Didn't the Chinese real estate market collapse recently,
             | with several major bankruptcies?
        
               | dash2 wrote:
               | Yeah, and allegedly the super-efficient government
               | controlled system has built on the order of 4 bn houses
               | for 1.5 bn Chinese. This might be the largest and most
               | costly housing bubble in history, and I believe it
               | happened partly because China is terrified of letting its
               | banks fail. If you think the "Greenspan put" is a thing,
               | just wait till you hear about the PBOC put.
        
             | oatmeal1 wrote:
             | > Real Estate is a free money machine, and it won't stop
             | until we adopt realistic government controlled system.
             | 
             | Real Estate will stop being a free money machine when the
             | government stops artificially restricting housing supply
             | with single-use, single-family zoning.
        
               | __loam wrote:
               | I agree that we should relax residential zoning laws but
               | it does feel pretty naive to think the free market alone
               | will solve this. I doubt everyone being adequately housed
               | is even the optimal state of the free market.
        
               | Geisterde wrote:
               | Its not a free market, we are closer to communist than we
               | are free markets.
        
               | __loam wrote:
               | Communist would be building concrete prefabs until we
               | could house everyone. That's one of the few things the
               | Soviets did right.
        
               | rocqua wrote:
               | It won't. Zoning is stupid and harmful in the US. But
               | real-estate will always be rising in value. There is no
               | way to make more land. And land you do nothing to gains
               | value from others around you improving their own land.
               | 
               | A land value tax that ignores the value of improvements
               | on the land would make a dent. Freeloaders who buy a lot
               | just to sell it later would see their gains evaporate. So
               | land holders would seek to actually improve their land.
        
               | bluGill wrote:
               | Land generaly should increase in value with Inflation.
               | There is a lot of land to develop if zoning doesn't get
               | in the way-
        
               | rocqua wrote:
               | Land increases in real value (beyond inflation) aswell.
               | This is due to people building roads nearby, schools
               | nearby, nicer houses nearby, etc. It's effectively the
               | old adage 'location location location'.
               | 
               | Currently another big driver of land value is zoning. But
               | it isn't the only one. And until society starts degrading
               | hard, the other drivers aren't going to slow down either.
               | maybe with an exception for suburbia where the roads will
               | need replacement even though the area doesn't raise
               | enough tax revenue to pay for the replacement roads.
        
               | oatmeal1 wrote:
               | Real-estate does not increase in value in Japan. Land
               | might increase in value, but the developments depreciate.
               | Agree that land value tax is much better than property
               | tax.
        
             | kaashif wrote:
             | > it won't stop until we adopt realistic government
             | controlled system.
             | 
             | Are you aware that the government is the entity preventing
             | housing from being built in many cities?
             | 
             | I don't think zoning should be abolished or anything but
             | clearly the regulations the US has now, at least, are
             | incorrect and restrict supply far too much.
        
           | pas wrote:
           | what vacancy numbers are we talking about exactly? and how
           | high are they, and how did they change over time?
        
             | vineyardmike wrote:
             | Not OP but I had a similar experience.
             | 
             | I lived in floor 30 of a "luxury" skyscraper in Seattle
             | built after ~2015. We had an algorithm for pricing
             | according to the landlord and the class action letter we
             | received. Amazing water views and city views. Clearly
             | desirable housing in a city flush with rich people and a
             | massive housing shortage. I was the only occupant on the
             | floor and the only tenant at the time ever to live in that
             | unit. They tried to raise my rent like $1000/m when lease
             | was up. We paid it since we had just gotten a raise. Next
             | lease renewal was about $1000 again and we moved out
             | because $2k extra was just too far above comparable units
             | nearby. They literally offered us a Starbucks gift card to
             | stay. We could see the other vacant units listed on the
             | buildings website and they were always priced way above
             | comparable units in neighboring buildings.
             | 
             | Oh and to directly answer your question, I'm guessing the
             | building was never more than half full. The mail room was
             | never full, and the parking garage had about 20/100 spots
             | in use.
        
               | pas wrote:
               | Thanks for the details! I'm asking because the overall
               | rate is historically super low, and that kind of behavior
               | from the landlords seems ... _bananas_ - to use the
               | terminus technicus. (But of course, maybe during ZIRP it
               | was not a problem to try to experiment with various crazy
               | - and inhumane - pricing schemes.)
               | 
               | https://fred.stlouisfed.org/series/RHVRUSQ156N
               | 
               | https://fred.stlouisfed.org/series/EVACANTUSQ176N
               | (estimated absolute number)
               | 
               | https://fred.stlouisfed.org/series/EOFFMARUSQ176N (held
               | off the market)
        
               | vineyardmike wrote:
               | Yea it was crazy.
               | 
               | The data you showed says there were _7 million_ units
               | held off-market. My building had only a few hundred tops.
               | 
               | I wonder if there is more to the story though. I think
               | that the building would be less desirable if it was full.
               | Skyscrapers already have long lines for elevators, and
               | common spaces get a lot of wear and tear from so many
               | people in small areas. I wonder if they keep it below
               | capacity while they can charge a "newness premium", and
               | once that fades they add extra units to the market to
               | increase revenue.
        
           | importantbrian wrote:
           | Obligatory Georgism callout, but a high land value tax would
           | solve this issue. Landlords would be forced to put the
           | property to productive use, and it discourages the kind of
           | speculative land holding that these companies are engaging
           | in.
        
             | leereeves wrote:
             | But that tax would be passed on to renters, increasing rent
             | for everyone.
             | 
             | Unless you're talking about a tax on vacant properties.
        
               | db48x wrote:
               | Yes, but adopting Georgism would mean eliminating income
               | taxes as well. In principle most people should end up
               | paying less in taxes (because they don't live in a
               | densely-populated area, or because they live in a dense
               | area but are in an apartment instead of a house on a
               | whole acre), while the overall tax revenue stays the
               | same.
        
               | antonok wrote:
               | It wouldn't get passed on. Without land value tax,
               | holding real estate is a good enough investment on its
               | own that rent prices can be left artificially inflated.
               | LVT puts pressure on landlords to actually earn back the
               | value of the property to avoid losing money. In practice,
               | that means offering competitive pricing.
               | 
               | This is a solid in-depth explanation, if you're
               | interested: https://www.gameofrent.com/content/can-lvt-
               | be-passed-on-to-t...
        
               | leereeves wrote:
               | But all landlords would pay the tax, and none of them
               | would want to lower prices below their own costs.
               | 
               | If it becomes impossible to rent properties profitably,
               | then eventually there would just be fewer rentals
               | available.
        
               | djokkataja wrote:
               | > But all landlords would pay the tax, and none of them
               | would want to lower prices below their own costs.
               | 
               | This is true ...
               | 
               | > If it becomes impossible to rent properties profitably,
               | then eventually there would just be fewer rentals
               | available.
               | 
               | But this is a leap that doesn't apply to the Georgist
               | scheme. A key feature of the scheme is that taxes on
               | buildings (possibly among other taxes) are removed in
               | favor of the land value tax. It's true that if the tax on
               | some piece of land increases sufficiently, it will
               | eventually become impossible to profitably charge rents
               | on _existing_ buildings on that land--but improving
               | existing buildings or building some superior building
               | (for example, a new building with more units than a pre-
               | existing building) allows landlords to continue
               | profiting.
               | 
               | If the current landlords don't want to improve buildings
               | there, they can sell the land to someone who will. And
               | it's clear that someone will, because if there's enough
               | demand for the land that the land value tax makes it
               | unprofitable to sit on it without improving it, someone
               | is going to want to do something more with it.
               | 
               | The reason we don't already have a Georgist-style economy
               | is quite obvious, of course: the homo sapiens
               | landlordicus is a very soft, squishy, vulnerable
               | subspecies. If they had incentives to improve their
               | properties and thereby possibly even work as hard as the
               | rest of the human species, they might well go extinct.
               | And no one wants that.
        
               | leereeves wrote:
               | That would require removing the zoning restrictions that
               | prevent the construction of new housing.
               | 
               | But here's the rub: if you remove those restrictions, you
               | don't need to change the taxes. Even with current taxes,
               | people will build more housing units, if they're allowed
               | to and they can make money from it.
        
               | scotty79 wrote:
               | > If it becomes impossible to rent properties profitably,
               | then eventually there would just be fewer rentals
               | available.
               | 
               | That's the point. They'd be forced to sell instead of
               | hoarding increasing supply of houses on the market
               | tremendously.
               | 
               | You wouldn't rent. You'd just buy.
        
               | importantbrian wrote:
               | Land value tax can't be passed on to tenants. Whether or
               | not a tax can be passed on depends on the elasticity of
               | supply. The supply of land is fixed, so land value taxes
               | reduce the price of land, and generally also reduce the
               | price of rent as a result.
        
           | pitaj wrote:
           | Higher vacancy rates are associated with lower rents and
           | lower house prices. Vacancies are at the lowest rate in years
           | in high demand areas.
        
           | ikiris wrote:
           | Because a large percentage of them have a fundamental belief
           | that any taxation is theft.
        
         | ClumsyPilot wrote:
         | > how desperate the sales people were for residents, and still
         | be told that rent was going up hundreds of dollars a month
         | because of demand in the region
         | 
         | This literally sounds fraudulent
         | 
         | I have a hypothesis, that the reason for many ailments in
         | Western economies is that in the past 20-30 years we have
         | created a lot of parasitic, highly-sophisticated economic
         | fraud, and regulators have not caught up to it yet.
        
           | harvey9 wrote:
           | Many legislators are also residential landlords. Do not
           | expect those regulators to be catching up any time soon.
        
           | passwordoops wrote:
           | Not that sophisticated. The tech industry in particular
           | celebrates rentierism and middle men while calling it a
           | "service".
           | 
           | Any other way to describe darlings like Uber, AirBNB, what
           | Amazon became, many SaaS (looking at you MSFT Office) is
           | simply disingenuous
        
             | CatWChainsaw wrote:
             | It would be a much better world if we could get rid of
             | rentierism.
        
         | sheepybloke wrote:
         | This is literally what I'm facing right now. We were hoping to
         | stay in our place for one more year, but the company is raising
         | our rent by 10% while at the same time are running a special
         | for a free month's rent. Every place I've rent from has done
         | this, raising rent at least 5% to 10%. I just want one place
         | where I can stay and try to save up money for a house.
        
           | kurthr wrote:
           | If both of you aren't on the lease, alternate between the two
           | of you. At least you won't have to move very far.
           | 
           | When I was just out of school I did this in a large complex
           | with my wife more than once (we had different last names and
           | used her parents address for mail).
           | 
           | The first time, we didn't even have to move, because she got
           | the pick of open apartments... one of which was ours. We
           | worried they would want to paint it, but I guess since I'd
           | only had a it a year, they didn't bother. The Sales person
           | was happy because they got commission anyway, and we got a
           | free months rent rather than paying an extra month's rent in
           | increases.
        
           | ikekkdcjkfke wrote:
           | Do like the EU, group up and collective bargain. Strike,
           | lock-out etc. are all concepts explored over hundred years
           | ago
        
             | rocqua wrote:
             | I hope it would work, but fear evictions and police
             | intervention would be brutal enough to quash the will to
             | fight.
        
               | madsbuch wrote:
               | EU citizens love this attitude from Americans as they
               | invest in REITs while sitting in their cheaper
               | apartments. The EU states love it as they got to tax that
               | income from US REITs.
               | 
               | In Denmark we have "Bopaelspligt" meaning that an owner
               | of an apartment is obligated to have someone living in
               | the apartment. While i know this is detrimental to the US
               | mentality is forces a free market on real estate and is,
               | IMHO, the only way you can ensure a fair rental market
               | without rent control.
               | 
               | As a result real estate in Copenhagen is cheap enough
               | that most working people in Denmark are able to buy
               | (albeit that being a small apartment).
        
               | mrtksn wrote:
               | >In Denmark we have "Bopaelspligt" meaning that an owner
               | of an apartment is obligated to have someone living in
               | the apartment.
               | 
               | What happens if no one is living? Can't find a tenant or
               | simply takes a really long holiday or goes abroad to to
               | work for a few years?
               | 
               | I'm under impression that Americans freak out because
               | they tend to go full technical on laws, that is, they
               | don't care much what the governments are trying to
               | achieve with the laws but work within the limits of
               | strict technicality. So a lot of Americans were freaking
               | out here on HN when GDPR was introduced, some shutting
               | down personal projects because were afraid to get in
               | trouble with the EU laws and find themselves in huge and
               | expensive lawsuits.
        
               | madsbuch wrote:
               | if you go abroad you most definitely rent out your owned
               | apartment as you otherwise are fully tax liable in
               | Denmark with a permanent dwelling.
               | 
               | if you are on a long holiday, you still legally live in
               | the unit.
               | 
               | if you cannot rent it out you, well, lower the rent until
               | you can. easy as that. or you put the unit up for sale,
               | which suspends the rule.
        
               | shortsunblack wrote:
               | The GDPR comment perhaps is indicative of this out of
               | all. GDPR enforcement has been small, ineffective and
               | nowhere close to "every kind of violation gets an
               | expensive lawsuit attached". It's as if this is meta-
               | commentary.
        
               | mrtksn wrote:
               | I don't know why there needs to be "iron fist nazi
               | approach, hanging people for the smallest violation" kind
               | of enforcement of the GDPR to be effective. Europeans are
               | not that much into laws and enforcement of it, there's
               | always some level of disorder and lawlessness and the
               | police wouldn't start shooting immediately. Things tend
               | to be corrected after some scandal or if the issue grows
               | to be actually impactful.
               | 
               | GDPR essentially makes companies mindful about how they
               | store and transfer data and if something goes wrong, it
               | is useful to tell what went wrong and who is responsible
               | about it. There's no EU police going around and nocking
               | on the doors, taking people in for the smallest
               | violation.
        
         | taylorhou wrote:
         | Unfortunately this is because they know there's a massive cost
         | to moving and the operators are pushing the rent as much as
         | they can for "convenience"... Regardless of external demand.
        
         | xnx wrote:
         | > It was frustrating to know the vacancy rate in the building,
         | 
         | Isn't the ideal vacancy rate always one unit? Any more than 1
         | unit and you could be collecting more money. Any less than 1
         | unit and you may be underpricing.
        
           | Tolaire wrote:
           | Not if landlords are colluding to drive rents up.
        
         | HDThoreaun wrote:
         | Jacking up the price on renewal is the first move any landlord
         | who is looking to maximize profits will do because most people
         | really dislike moving. Plenty of people will accept the rent
         | increase instead of the hassle of moving, allowing you to
         | charge above market rates..
        
           | benhurmarcel wrote:
           | I'm surprised this is legal in the US.
           | 
           | In a lot of European countries, the landlord cannot raise the
           | rent as he wants, there's a maximum per year (usually a bit
           | lower than official inflation).
        
         | xyzzyz wrote:
         | What you describe is not really an issue with algorithmic
         | pricing per se, but rather that the particular algorithm at
         | hand is shit.
        
       | dclowd9901 wrote:
       | There's no other way around this but to shut down industries that
       | provide this kind of service make it illegal to have automatic
       | price setting.
        
       | HaukeHi wrote:
       | Isn't Airbnb doing the same?
        
         | wolverine876 wrote:
         | How so? Is Airbnb colluding with competitors?
        
           | aaomidi wrote:
           | I think Airbnb recommends a price to set your place to? I
           | know there's also some external software that do that too.
           | 
           | Based on the understanding of the post, I think both of those
           | would be considered price colluding.
        
         | petesergeant wrote:
         | No, because Airbnb is sharing market information with you, and
         | is quite happy for you to undercut the market to drum up
         | demand, or raise prices if you think you've got a winner, which
         | keeps market efficiencies intact.
         | 
         | What's described in the article is a bunch of estate agents
         | agreeing to use a price recommended by 3rd party software and
         | minimize cheating on that price, which is price fixing.
        
       | jeffbee wrote:
       | I don't get how this FTC position is compatible with the
       | existence of things like commodity futures markets.
       | 
       | A second point that bothers me about the blog post. It's
       | immaterial to the brief, but the blog says the rent is up 20%
       | since 2020, citing CPI-U. But it fails to account for increasing
       | incomes. Median household incomes, nationwide, have kept pace
       | with rents.
        
         | arming9513 wrote:
         | If income has raised by 20%, why should you expect rent to also
         | increase by the same amount?
        
           | jeffbee wrote:
           | Because it's a market operating point set by supply and
           | demand. Increasing incomes support demand and raise prices.
        
             | Eisenstein wrote:
             | Why do increasing incomes support demand? I am not going to
             | move to another place exactly the same just because I make
             | more money. In order for prices to increase, I would have
             | to be moving into a better place than I am in now, which
             | means it would cost more anyway. Me moving laterally gives
             | me no utility.
        
               | jeffbee wrote:
               | In the American rental market, for most lessees, the
               | lessor can raise the price an arbitrary amount
               | periodically. This is true for virtually all tenancies in
               | this country.
        
               | Eisenstein wrote:
               | Sounds like that isn't a market force if they do it
               | without demand changing.
        
             | Dylan16807 wrote:
             | If "support demand" means people want better homes, then
             | that's fine.
             | 
             | If people are spending more real money to get the same
             | housing, something has gone wrong.
        
               | bluGill wrote:
               | The landlords costs hake also gone up 20%
        
               | willis936 wrote:
               | Operating, not capital. Real estate is a capital heavy
               | area.
        
         | kristjansson wrote:
         | > commodity futures markets
         | 
         | What? Commodity futures are viciously competitive open markets,
         | where do you see the connection?
        
       | xbar wrote:
       | Maximum prison sentences, please.
        
       | buzer wrote:
       | If this lawsuit is successful, would renters have standing to sue
       | for damages? And how far would the liability go, just their
       | landlord + RealPage (who is probably bankrupt by that point)? Or
       | would everyone who colluded to keep prices high be liable,
       | possibly even to renters whose landlord was not part of collusion
       | but rents in the area increased due this?
        
       | advael wrote:
       | I think the only reason this should be surprising is that we've
       | let it be the status quo for so long, despite being pretty
       | obviously illegal. Nonetheless it's good that the FTC has
       | explicitly made a commitment to start enforcing the law
        
         | nerdponx wrote:
         | It's nice when federal agencies are funded and led by people
         | who aren't trying to sabotage them from the inside.
         | 
         | Ignoring all other considerations, the current incumbent
         | political party in the US presidency on average tends to
         | produce effective & functioning federal agencies, and the other
         | party on average tends to produce corrupt & dysfunctional
         | federal agencies.
         | 
         | I try to point this out frequently because voters tend to
         | ignore this kind of thing until it affects them personally, or
         | they read about some isolated grievance in the news. But it
         | really should be considered a more important topic.
        
           | staplers wrote:
           | voters tend to ignore this kind of thing until it affects
           | them personally
           | 
           | And when it finally becomes a problem that cannot be ignored,
           | scapegoats will be found and used, even if they have to be
           | invented in a fairy tale (internet conspiracy).
        
             | advael wrote:
             | Often it suffices to blame the agencies themselves, citing
             | the very failures caused by mismanagement, corruption, and
             | underfunding as evidence of the foolishness of using
             | government agencies to do things. This in turn is the kind
             | of nonsense you can get people to believe if you've
             | systematically misinformed them while also convincing them
             | they can't trust other sources, which is another well-known
             | strategy of the same political faction
        
           | gotoeleven wrote:
           | >and the other party on average tends to produce corrupt &
           | dysfunctional federal agencies
           | 
           | the federal agencies are mostly employees have been there
           | through many administrations. How do they suddenly become
           | corrupt and dysfunctional besides these employees (90% of the
           | current incumbent political party) suddenly becoming corrupt
           | and dysfunctional?
        
             | goda90 wrote:
             | Employees still have to follow their politically appointed
             | bosses at the top or risk being fired.
        
             | rocqua wrote:
             | Employees will often internalize past actions they took,
             | whether forced to by their bosses or not, as good actions.
             | they will even build up a worldview to support those
             | actions. For the alternative is to accept that you were
             | bad, or even evil.
             | 
             | That means leadership can change the course of an
             | organization by ruthlessly making them do other things
             | until people internalize those things as the right thing,
             | or leave.
             | 
             | That only explains decay though, not the magical idea that
             | under the right party things spring back. The best to hope
             | for is a democratic president to slow down the decay. But
             | it is simply so much easier to tear things down than to
             | build things up, that it will take a lot of democrats to
             | see actual improvement.
        
             | frob wrote:
             | This is mostly true and is part of what helped soften the
             | absolute disaster that the Trump administration was. In
             | multiple instances, Trump and his ilk wanted to do
             | absolutely illegal and unconstitutional things but we're
             | thwarted by career civil servants.
             | 
             | However, they've learned. At the end of his term, Trump
             | created a new classification of employment, Schedule F.
             | Schedule F employees did not have civil-service protections
             | and could be fired on a whim. Fortunately, he lost the
             | election before he could use it. Biden removed it.
             | 
             | Now, Trump-aligned groups like the Heritage Foundation are
             | running programs to recruit Trump loyalists whose main and
             | almost sole qualifications is loyalty to Trump (see Project
             | 2025). They don't want a repition of last time where
             | federal employees had the gall to actually follow the law
             | instead of the dictator.
        
       | ummonk wrote:
       | I don't understand how it's possible that every single biglaw
       | firm offers the exact same starting salary but that isn't
       | considered illegal collusion, while landlords using a market-
       | estimation service as a starting point for pricing their units
       | (but sometimes pricing below or above the algorithm's recommended
       | price) is considered illegal collusion.
        
         | d0gsg0w00f wrote:
         | Probably because legal defense outside of public defender is
         | considered a luxury good. And it's rare to need a public
         | defender if you're living a "normal" life.
         | 
         | With housing, everybody has to live _somewhere_.
        
         | killingtime74 wrote:
         | (studied competition law in law school). Everyone having the
         | same starting salary can be arrived at by non-illegal means,
         | such as seeing what the others are offering and matching. To
         | successfully prosecute for price fixing you need actual
         | evidence of collusion. That is usually obtained by
         | whistleblowing, as the first person usually gets a reduced
         | sentence (example: https://www.accc.gov.au/media-
         | release/cartel-immunity-policy...).
         | 
         | Price fixing in buying/hiring is not monopoly btw, it's
         | monopsony.
        
           | aerhardt wrote:
           | Sorry to nitpick on this tangential detail, but what does
           | "reduced sentence" entail? On paper it sounds like many
           | people would rather take the secret to their graves.
        
           | IshKebab wrote:
           | What counts as collusion? Would those services that privately
           | share salary information between companies count? Doesn't
           | seem too different.
        
         | tdb7893 wrote:
         | So the thing with lawyers is that there is no communication
         | (i.e. it's only "tacit collusion"). In this case there is
         | communication via the company with the pricing algorithms.
         | 
         | My brother studied tacit collusion as part of his econ PhD (and
         | new lawyers was one of the markets he looked at) but it would
         | be a hard thing to actually legislate against and isn't
         | illegal. You can't just be like "you guys can't pay the same".
        
           | lupire wrote:
           | Of course there is communication.
           | 
           | https://abovethelaw.com/2024/01/latham-salary-2023/
           | 
           | What's missing is the pressure on other firms to match. This
           | is more like the leader raising pay and other firms chasing
           | them.
        
             | tdb7893 wrote:
             | I mean yeah they can see what other firms do but they
             | aren't actually talking to each other (or at least not in a
             | proveable way) to organize prices. It's a very different
             | situation than having a business with an algorithm to share
             | pricing models.
             | 
             | Obviously law firms colluding on prices isn't good but how
             | they are colluding is completely different.
        
         | pottertheotter wrote:
         | When I worked in investment banking 1st year analysts made
         | pretty much the same base at every big bank. They all used the
         | same compensation consultant, which seemed iffy.
        
           | rocqua wrote:
           | I doubt 1st year analysts have much salary complaints.
        
       | exabrial wrote:
       | I'd like to see thousands of apartments hand back the increases
       | to renters they illegally collected.
        
       | tz18 wrote:
       | Could this change how tech salaries are set? I know many
       | companies base their salary grades on an algorithm that amounts
       | to looking at what "comparable" companies are doing and aiming
       | for the middle of that.
        
         | WirelessGigabit wrote:
         | That would be nice. It's such an easy defense for companies to
         | say: this is what the market pays.
        
         | silisili wrote:
         | They're seemingly already doing that for benefits. I've had
         | benefits reduced at two separate places 'because our research
         | shows we were a little over for similar companies.' If that's
         | not collusion, I don't know what is.
        
           | cperciva wrote:
           | Collusion is if they, well, _collude_. _Copying_ is not the
           | same thing as _colluding_.
        
             | acuozzo wrote:
             | At some point copying does become _tacit collusion_ ,
             | though.
        
               | willis936 wrote:
               | No. Collusion requires agreement among the parties to not
               | compete. Sure they copy but no one is forcing you to stay
               | at the company or accept the new job offer. You walk to
               | somewhere that does meet your ask or negotiate.
               | 
               | It's collision when companies agree to not compete.
        
           | ChadNauseam wrote:
           | If you say "I want a raise because people in the same
           | position at other companies make more money" is that
           | collusion too?
        
         | izacus wrote:
         | The tech companies already got punished for salary collusion
         | and it didn't really change anything.
        
       | trimethylpurine wrote:
       | Lots of people are saying it's the same as doing it manually with
       | public data. I don't think that's the issue. The article is
       | explaining that the focus is the shared pricing database.
       | 
       | Public information doesn't tell you if competitors will
       | underprice to sink you, or if they are likely to hold a high
       | price even against lower occupancy. This software tells you and
       | your competitors whether or not to do that, and bases that
       | guidance on its inside knowledge of its own customer base. That
       | is what the FTC and DoJ are calling collusion, based on my
       | reading of the article.
        
       | jml7c5 wrote:
       | As a renter myself, I have tremendous sympathy for the tenants
       | affected by this. But there is a way to frame this whole saga
       | that makes it much more innocuous:
       | 
       | By maximizing individual profit, _the software rapidly finds the
       | real fair market value of rentals_. It turns out that the fair
       | market value for rentals is much higher than people thought! This
       | should make sense: housing supply is low, housing demand is high,
       | and housing demand is extremely inelastic. It is a situation
       | where egregious profits should be expected! Landlords simply hadn
       | 't realized that they could charge more.
       | 
       | There is one seemingly illogical result, which is that some units
       | go vacant despite the huge demand. But unsold goods are a normal
       | part price discovery, and we are not talking about a huge change:
       | occupancy rates only drop a few percent.
       | 
       | It's a brutal result for tenants, but the alternative is
       | incorrect pricing, which has its own negative implications for
       | the whole market.
        
         | Dylan16807 wrote:
         | > the software rapidly finds the real fair market value of
         | rentals.
         | 
         | That's cool and all but the price should be somewhere _between_
         | the supplier cost and the purchaser value, not pegged at the
         | top.
         | 
         | > real fair market value
         | 
         | Only if there's strong competition.
        
           | jml7c5 wrote:
           | >between the supplier cost and the purchaser value
           | 
           | It is -- it just turns out that the purchaser value is quite
           | high!
        
             | Dylan16807 wrote:
             | The value of not being homeless is extremely high.
             | 
             | Which is an objectively bad price for housing.
        
         | willseth wrote:
         | With price fixing, would-be competitors cooperate and function
         | as a monopoly. That's not a functioning market. These services
         | act as a centralization point to accomplish the price fixing
         | without colluding directly with each other. It's actually much
         | more efficient than traditional price fixing!
        
           | jml7c5 wrote:
           | Out of curiosity, where do you draw the line? Say there was
           | some open-source pricing tool that runs completely locally,
           | operating only on public data and not sharing information
           | with others. Would you consider it price fixing if it became
           | standard practice to use it?
        
             | simoncion wrote:
             | > Would you consider it price fixing if it became standard
             | practice to use it?
             | 
             | If competing businesses agreed to use the tool and not
             | deviate (or not deviate more than a set amount) from its
             | suggested price, then yes, that's totally price fixing.
             | 
             | I believe that it's price fixing even if they merely agree
             | to use it to inform their starting offering price.
             | 
             | In some other comment thread, folks mentioned that if a
             | landlord outsources rent price investigation to a third
             | party, that third party has to be __very__ careful about
             | working with other landlords, so as to not even
             | accidentally engage in price fixing by recommending prices
             | to multiple competing landlords.
        
       | refurb wrote:
       | One interesting things that Singapore does is that it collects
       | and shares all rental data.
       | 
       | When you lease a place to a tenant, there is a stamp duty ($100+)
       | that the tenant pays. Then the landlord submits details about
       | square footage, number of rooms, and the price it was rented at.
       | 
       | Then the government shares the data in an aggregate manner:
       | https://www.ura.gov.sg/Corporate/Property/Property-Data/Priv...
        
       | hnburnsy wrote:
       | >The Department of Justice has previously secured a guilty plea
       | related to the use of pricing algorithms to fix prices in online
       | resales.
       | 
       | This is no idle threat. Be sure to click on that link and find
       | out that in 2018 the FTC stopped the greedy corporate profiteers
       | in the wall poster industry from price fixing back in 2013.
       | Algorithmic price fixers beware.
        
       | hnburnsy wrote:
       | Arizona AG sued RealPage and a number of apartment owners over
       | this. The AG said RP covers 70% of the market. Complaint here...
       | 
       | https://mcusercontent.com/cc1fad182b6d6f8b1e352e206/files/25...
        
       | maerF0x0 wrote:
       | First off. I dont like collusion or rental pricing software that
       | colludes across companies. However, now this means really big
       | companies can use their own internal data to get advantages that
       | littler players cannot. I also do not like laws that favor big
       | companies over little ones. With the collusion software then
       | littler companies could at least band together to get similar
       | competitive effects that larger companies can.
       | 
       | I'm open to discussion of how to resolve that though, any ideas?
        
         | willis936 wrote:
         | Simple: the big players will need to compete again. They can
         | charge high rates but they will face high vacancy in the face
         | of nearby housing units interested in low vacancy.
        
         | Jochim wrote:
         | Kill the larger companies.
        
         | yardie wrote:
         | Collusion is illegal. Period.
         | 
         | Doesn't matter if a big landlord or little landlord are doing
         | it.
        
       | mizzao wrote:
       | Is every FTC article usually written in this accessible and
       | readable language?
        
       | amath wrote:
       | Maybe this is a stupid question, but how would airbnb be looked
       | at using this as precedent. If I sign up for airbnb and use their
       | automatic price optimization engine would this fall under the
       | same algorithmic collusion?
        
       | gorgoiler wrote:
       | Lots of tech companies use Ravio, Pave, etc to track the
       | compensation their competitors are offering employees at similar
       | levels. These tools plug straight into your payroll to give all
       | the participants "live" market data.
       | 
       | Isn't this also price fixing?
        
         | rocqua wrote:
         | Is it recommending salaries?
         | 
         | The issue with the rent thing is that the algorithm sets a
         | price, so collusion could easily be offloaded onto the
         | algorithm. Something similar should also happen with salaries
         | before this becomes a real problem right?
        
       | EchoReflection wrote:
       | "rent is up nearly 20% since 2020" but is that taking into
       | account the change in the value of the dollar and changes in the
       | consumer price index?
       | 
       | https://www.in2013dollars.com/us/inflation/2020?amount=1
       | 
       | $1 in 2020 is equivalent in purchasing power to about $1.19
       | today, an increase of $0.19 over 4 years. The dollar had an
       | average inflation rate of 4.48% per year between 2020 and today,
       | producing a cumulative price increase of 19.17%.
       | 
       | This means that today's prices are 1.19 times as high as average
       | prices since 2020, according to the Bureau of Labor Statistics
       | consumer price index. A dollar today only buys 84.034% of what it
       | could buy back then.
       | 
       | gas was $3.22 in 2020 but is 42.17% higher in 2024, so by that
       | metric rent is proportionally lower (than the 20% increase in
       | rent)
       | 
       | Things changed rather dramatically, theoretically,because of
       | different presidential puppet-string-pulling in terms of the FTC:
       | https://www.skadden.com/insights/publications/2021/06/lina-k...
       | 
       | https://www.bbc.com/news/world-us-canada-55738746
       | 
       | After less than 24 hours in office Biden signed 15 executive
       | orders whereas Trump had signed 8 after two weeks (Obama had
       | signed 9 after two weeks).
       | 
       | https://www.bbc.com/news/world-us-canada-55738746
       | 
       | information that comes from government agencies is almost always
       | data that has been arranged in such a way as to make those in
       | power look like they're the good guys.
        
         | isthatafact wrote:
         | Considering that rent is around a one third contribution to US
         | inflation measuremnt (which is done by some indirect
         | estimation), I would also ask how much inflation that software
         | caused by essentially a feedback loop.
        
       | SergeAx wrote:
       | Is there a way to keep rent prices in check without strong market
       | regulations? Every business will do everything legal to max out
       | the profit, this is a nature of business. Freezing prices in some
       | places will only rise it everywhere around. Building more is not
       | an answer: most large cities has no adequate lots for new
       | buildings, and where they do - it is undeveloped areas, where no
       | one wants to live.
       | 
       | We thought that cars is answer, but cars only deferred the market
       | saturation, plus we need more roads and parkings.
       | 
       | Remote work may be an answer, but people still need schools,
       | shops and restaurants.
        
       | globalnode wrote:
       | these services are a form of collusion that basically bypass
       | normal supply and demand and are effectively anti-free market. i
       | can see it being ok if all the properties were owned by one
       | person (which they aren't) but then the gov't would be within its
       | rights to go break it up as an unfair monopoly. which i might
       | add, is a monopoly on a basic human need for shelter. a right
       | even? this is corrupt greed at its worst, market manipulation at
       | best.
        
       | pipes wrote:
       | Price fixing is when two or more land lords agree to not lower
       | their prices beyond a certain point. There is no agreement here.
       | I don't see how this is price fixing.
        
         | rsaxvc wrote:
         | You could review their argument:
         | https://www.ftc.gov/system/files/ftc_gov/pdf/YardiSOI-filed%...
         | 
         | Search for "adherence to the agreed-upon Prices", "fix list
         | price", and "Express delegation".
         | 
         | They argue that collusion through delegation counts as price
         | fixing. They argue colluding to set list prices even when there
         | isn't a price floor is price fixing. They argue that replacing
         | the delegation with an algorithm is still price fixing. Most of
         | their arguments are based on already settled cases.
        
       | koliber wrote:
       | This is a case of information asymmetry being used as an
       | additional advantage by property managers.
       | 
       | The software cited, RENTMaximizer, offers aggregate price
       | information for property managers with the aim of maximizing
       | prices.
       | 
       | Would a RENTMinimizer product, given away for free to tenants,
       | help? It would show aggregate rents that tenants pay, including
       | minimum ones, with the hope that they can use this information
       | for more confidence when negotiating rents.
        
         | harvey9 wrote:
         | No, it is an agreement between suppliers to set prices. Per
         | TFA, one of the goals is to prevent property managers from
         | negotiating with tenants.
        
       | renewiltord wrote:
       | That seems obvious. Otherwise my Cartel LLC can just provide
       | price-fixing software that you can white box to bypass anti-
       | price-fixing laws.
        
       | madsbuch wrote:
       | Tangential to this: In Norway and Denmark (as the only countries
       | AFAIK) there are laws stating that a unit needs to have
       | inhabitants. Ie. it can not sit still on the market. If the owner
       | does not live there, he has to rent it out.
       | 
       | It baffles me, that this is not a general rule as it forces fair
       | market prices for a illiquid supply (it takes time to build new
       | housing, if it is even possible).
       | 
       | In this case you'd just complain that a company keeps units
       | vacant to the municipality who would fine the company until it is
       | brought in order.
        
         | distances wrote:
         | Berlin has similar legislation. I doubt there's much
         | enforcement about it, I would imagine that someone has to file
         | a complaint or something before anything happens for an empty
         | flat.
        
         | amsterdorn wrote:
         | Would be a highly effective way to increase housing supply, but
         | this would favor people over govt/big firms & that doesn't
         | happen in the US (sadly).
        
         | dublinben wrote:
         | Despite what is going on with this rent price collusion
         | situation, the problem that high priced cities face is far too
         | few vacant apartments not too many. The vacancy rate in some
         | places is as low as 1-2%, which is much lower than it should
         | be.
        
           | madsbuch wrote:
           | Oh yes, I completely agree. These are also issues in both
           | Oslo and Copenhagen.
           | 
           | But having rules like this removes some speculation.
        
       | c0balt wrote:
       | > [..] a brief filed by the FTC and the Department of Justice
       | offers a helpful guideline for antitrust compliance: your
       | algorithm can't do anything that would be illegal if done by a
       | real person.
       | 
       | That one weird trick that doesn't work well under the law.
        
         | xattt wrote:
         | Has this defence worked for people caught up in copyright
         | infringement lawsuits who claim that an infringing torrent
         | download was initiated by something like Sonarr/Radarr?
        
       | dmitrygr wrote:
       | since when did the FTC switch to SMS-speak?
       | 
       | > Such software can allow landlords to collude on pricing by
       | using an algorithm--something the law doesn't allow IRL.
       | 
       | "IRL"?
        
       | tqi wrote:
       | Mercer is an 80 year old, 25K employee "consulting" firm that
       | makes over $2B per year primarily by providing human resources
       | consulting, ie helping firms set salaries. Why is that not
       | considered price fixing, under the same collusion rationale?
        
         | soerxpso wrote:
         | It would probably be relevant that Mercer doesn't ever say,
         | "Don't hire anyone for this position if you can't get someone
         | willing to do it for the market price." (I'm assuming they
         | don't.) You can advise people on how to set the prices of
         | things, and you can advise a lot of people at the same time,
         | you just can't advise them to participate in what essentially
         | amounts to reverse collective bargaining.
        
           | tqi wrote:
           | I'm honestly still not clear on the distinction.
           | 
           | > Agreeing to use an algorithm is an agreement. In
           | algorithmic collusion, a pricing algorithm combines
           | competitor data and spits out the suggested "maximized" rent
           | for a unit given local conditions.
           | 
           | This sounds exactly like what a compensation consultant does
           | (collect competitor data, including data from other clients,
           | and suggest a comp range)?
        
       | parentheses wrote:
       | I feel this is a good way to think of regulating AI. Think of the
       | AI as a person and apply law accordingly.
        
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