A Willow Bridge tenant in Dallas told federal antitrust lawyers that the company offered a 10-month renewal at $1,734 a month, then publicly advertised the same apartment for $1,536 a month for the same lease length. The tenant said they did not know whether software influenced either price. The $198 gap raised a question the Justice Department addressed in a response published Nov. 9: would the proposed settlement stop a landlord from charging existing renters more than new ones?

The federal proposal targets how Willow Bridge arrives at a price. It would restrict the company's use of competing landlords' private data to set rents or generate recommendations. It would still allow a renewal quote to differ from a public listing. DOJ said a price difference alone does not establish the kind of coordination alleged in its case.

What the proposed deal would restrict

Section V of the proposed judgment addresses rent-pricing products that use outside nonpublic data.
An excerpt from Section V of the proposed judgment, which addresses third-party pricing software.U.S. Department of Justice (court filing excerpt)

In the broader RealPage case, federal prosecutors allege that Willow Bridge and other landlords shared sensitive information and used RealPage software to align pricing. The filings describe data such as lease prices and terms that rival landlords could not ordinarily see. A federal judge denied Willow Bridge's motion to dismiss in September. That ruling allowed the allegations to proceed, without deciding whether they were true.

The proposed judgment restricts outside nonpublic data in tools that recommend or set rent at covered properties. It also restricts pooling nonpublic data from Willow Bridge properties with different owners. The provisions distinguish between third-party software and tools Willow Bridge builds itself, and they address both the data a model learns from and the data it uses to generate prices.

Willow Bridge could still use a tool that complies with the judgment. The proposed oversight includes a monitor if it uses pricing software without obtaining a certification that meets the decree's requirements. The text applies to conventional multifamily rental properties Willow Bridge services in the US and its territories.

What renters could ask for at renewal

The Dallas renter asked for tenants to be told when a pricing tool materially influenced a renewal and for a person to review the quote. DOJ declined to add those terms. A second commenter, from Chula Vista, California, wanted a way to find out whether their property or its data was part of the investigation. DOJ said the proposed rules would cover the property if it met the decree's definition, and that the department could not disclose property-specific investigative material.

If you see a gap between your renewal and a listing, ask the property manager for a written quote with the same lease length and start date. Compare mandatory fees and concessions, too. A lower advertised rent may come with conditions that change what you would actually pay. Save the dated listing and your renewal offer, and ask whether the published rate is available to an existing tenant. The proposed decree creates no refund or matching-price process for a renter who finds a difference.

Where the case stands

The Justice Department says it will ask the court to enter the proposed judgment after publication of its response.
In its published response, DOJ identifies the motion it intends to file after publication.U.S. Federal Register (excerpt)

Willow Bridge agreed to the proposed terms and stipulation in July. The Justice Department's November response says it still supports the proposal after reviewing the two comments and intends to ask the court to enter it. The case's public filing record lists a Nov. 5 response. A signed final judgment for Willow Bridge could not be confirmed from the public records checked Nov. 10.

The department says Willow Bridge agreed to follow the proposed terms while the court considers the deal, subject to the terms and timing in the filings. If the court enters the judgment, it would resolve the federal government's claims against Willow Bridge in this case. The other plaintiffs' claims and separate cases have their own court records and deadlines.