DOJ + HUD Statement of Interest on Algorithmic Pricing — Cherry v. Yardi / Duffy v. Yardi
DOJ / HUD · Statement of Interest of the United States, McKenna Duffy v. Yardi Systems, Inc., et al., W.D. Wash. (Mar. 2024)
The Justice Department's Antitrust Division and the FTC (not HUD) filed a joint Statement of Interest in Duffy v. Yardi Systems (W.D. Wash.), arguing that competing landlords' joint use of Yardi's common pricing algorithm can constitute per-se illegal price fixing under the Sherman Act, even when landlords retain some discretion to deviate from the algorithm's recommendations.
Technical detail
Statement of Interest of the United States, filed in In re RealPage, Inc. Rental Software Antitrust Litigation, No. 3:23-md-03071 (M.D. Tenn., Mar. 1, 2024). Position: Sherman Act § 1 does not require direct competitor exchange of information; algorithmic coordination via shared software using competitors' nonpublic data states a claim. Adopted by multiple district courts subsequently.
Who is protected: Renters in markets where landlords use common pricing algorithms
Who must comply: Landlords and software vendors providing algorithmic pricing tools
Key facts
| Jurisdiction | DOJ / HUD |
|---|---|
| Level | Federal |
| Status | In effect |
| Protection strength | Moderate protection |
| Effective date | 2024-03-01 |
| Citation | Statement of Interest of the United States, McKenna Duffy v. Yardi Systems, Inc., et al., W.D. Wash. (Mar. 2024) |
| Topics | housing and credit decisions · automated decision-making |
| Last verified | 2026-06-17 |
| Official source | DOJ Statement of Interest on Algorithmic Pricing — DOJ Antitrust ↗ |
Related housing and credit decisions rules elsewhere
- FCRA (AI in credit & background checks) · In effect
- ECOA / Regulation B (AI credit discrimination) · In effect
- DOJ-RealPage Consent Decree (algorithmic rent) · In effect
- CFPB Circ. 2023-03 (AI credit) · In effect
- HUD FHEO Tenant Screening AI · In effect
- HUD FHEO Digital Advertising AI · In effect
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