Attorney General Brian Schwalb has begun investigating a company that helps big landlords set rent prices for potential violations of antitrust law, according to a source familiar with the probe, and he could soon hire a private law firm to help build a case. 

Schwalb’s office sent a proposed contract with the firm Cohen Milstein Sellers & Toll PLLC to the D.C. Council for approval late last month, specifying in a memo to lawmakers that it hoped to work with the attorneys on the “investigation of and potential litigation against identified targets in the housing industry for violations of antitrust laws.” The names of those potential targets are redacted in versions of the contract shared publicly ahead of the Council’s planned vote on the deal Tuesday.

However, the source familiar with the investigation tells Loose Lips that Schwalb is scrutinizing RealPage, a Texas-based company that works with major commercial property managers across the country. The firm primarily sells access to its “YieldStar” software, which recommends rent prices for apartments by using a proprietary algorithm to calculate what the market will bear. That algorithm is based on pricing data from its own clients, prompting some experts to speculate that the company effectively provides a way for big landlords to collude and fix prices.

RealPage is currently facing more than a dozen lawsuits from renters accusing it of antitrust violations alongside many of its clients. The Department of Justice has also opened an antitrust investigation into the firm. State attorneys general have yet to challenge the company in court, meaning Schwalb could be among the first to do so. (The proposed contract with Cohen Milstein also suggests the possibility that a future lawsuit could involve multiple states teaming up against the company—a common practice in such consumer protection and antitrust cases.)

A spokesperson for Schwalb declined to comment on the matter, while spokespeople for Cohen Milstein and RealPage did not immediately respond to requests for comment. RealPage, however, has repeatedly denied any allegations of price fixing or antitrust violations in previous statements and legal filings.

But a ProPublica investigation from 2022 suggests that the company has boasted of its potential to help landlords raise rents, pointing to why RealPage has landed in the crosshairs for investigators and litigants. For a closer look inside the issue, check out our full story online. 

—Alex Koma (tips? akoma@washingtoncitypaper.com)

• The parent of an Edmund Burke School student who was hit by a sniper’s gunfire last year while she waited to pick up her daughter is suing multiple gun manufacturers, alleging that their marketing glorifies violence and contributes to mass shootings. Karen Lowy was shot multiple times, and was treated for life-threatening injuries, according to the lawsuit filed in Virginia. The shooter fired more than 200 rounds toward the school in April 2022; he fatally shot himself as police closed in on his location. [Post]
• You might have to wait until later this season to see the most vibrant fall foliage. A dry and hot summer could result in more muted fall colors in early October. [WTOP]
• At-Large Councilmember Robert White is proposing a bill to eliminate the licensure exam for entry- and masters-level social workers, who are still under supervision. The councilmember is aiming to address concerns of racial bias in the exams, as data show people of color fail at higher rates than White test takers. [NBC Washington]
• Texas Rep. Henry Cuellar’s vehicle was stolen at gunpoint last night in Navy Yard. Cueller’s chief of staff said Cuellar was parking his car when three armed attackers stole the vehicle. Police say they recovered the vehicle, but Cuellar’s iPhone and iPad were also taken. [Post, NYT]
• Matt Blitz is the new producer for WAMU’s Politics Hour with Kojo Nnamdi. In this Q&A with Kojo, he asked that we not look up the episode of How I Met Your Mother that’s named after him. So obviously we looked it up. [DCist]

By City Paper staff (tips? editor@washingtoncitypaper.com)

• Some Black activists say they’d rather see the city invest in programs to prevent violence, such as its Pathways program and its violence interruption units, instead of the warrantless search proposal championed by Ward 2 Councilmember Brooke Pinto. [Informer]
• In the wake of a report showing persistent issues in substantiating allegations of sexual harassment made by District employees, Mayor Muriel Bowser said she plans to update her internal policy for these investigations soon. “It’s been clear for months that the mayor’s order needs to be updated and revised,” Council Chair Phil Mendelson said. “That needs to happen quickly.” [NBC Washington]
• Mendelson says the city’s convention and sports stadium authority, Events DC, has reached a deal with the Washington Nationals to pay for a new scoreboard at their ballpark. The chair claims it will cost $20 to $22 million, a figure that Events DC disputed without providing more details. [WTOP, NBC Washington]