State of New Jersey v. RealPage, Inc. (NJ Revives Antitrust Claims Against AvalonBay)
U.S. District Judge Madeline Cox Arleo ruled on September 30, 2026 that New Jersey may proceed on an amended complaint reviving antitrust claims against AvalonBay Communities, Inc. in the state's algorithmic rent-pricing suit against RealPage, Inc. and its multifamily landlord customers. The ruling follows a March 31, 2026 order that dismissed the state's original federal and state antitrust claims against AvalonBay without prejudice while allowing a consumer-fraud claim to proceed, after which New Jersey sought leave to file a repleaded complaint.
Why it matters
The order keeps one of the country's largest multifamily REITs inside a high-profile algorithmic-pricing antitrust case and confirms that an initial pleading-stage dismissal of RealPage-adjacent antitrust claims is not a final exit for landlord defendants who used the software, so long as a state or private plaintiff can fix the specific defects a court identifies and replead. Multifamily owners facing similar suits elsewhere should treat a without-prejudice dismissal as a pause, not a resolution.
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