RealPage v. James — NY algorithmic rent ban enjoined (2026)
RealPage, Inc. v. James (S.D.N.Y.) — Judge Caproni Preliminarily Enjoins Section 3 of New York's Algorithmic Rent-Setting Ban and Denies the Attorney General's Motion to Dismiss (September 2026)
New York · RealPage, Inc. v. James (S.D.N.Y. Sept. 29, 2026) (Caproni, J.) (preliminary injunction)
- Status
- Blocked / in litigation
- Applies to
- New York residential landlords and rent-setting software vendors (enforcement of Section 3 enjoined)
- Enforced by
- U.S. District Court; New York Attorney General (defendant)
RealPage, which makes rent-pricing software, sued New York's Attorney General to stop the state's 2025 law banning landlords from setting rents with certain algorithmic tools. On September 29, 2026, a federal judge in Manhattan temporarily blocked the key part of the law (Section 3) while the case goes on and refused to dismiss the lawsuit. The judge called it a close call but found RealPage 'marginally' likely to win its First Amendment argument, partly because the law treats software the same whether it uses public or non-public data. This is not a final ruling.
Who is protected: New York residential tenants (the law being challenged)
Legal detail
RealPage, Inc. v. James, U.S. District Court (Manhattan; Southern District of New York), Judge Valerie Caproni. RealPage challenged the New York statute signed by Gov. Hochul in October 2025 (S7882, amending the Donnelly Act), which RealPage argued violates its First Amendment rights. RULING: Reuters (published Wed. Sept 30, 2026) says Caproni issued the preliminary injunction 'on Tuesday' = Sept 29, 2026; PYMNTS/CPI cites a Sept 29 MLex report. preliminary injunction GRANTED against enforcement of Section 3, which bars residential rental owners from setting rental terms based on recommendations from software that performs a 'coordinating function'; the AG's motion to dismiss DENIED. Reasoning reported: 'Although it is a close call ... RealPage is, marginally, likely to succeed on the merits'; Section 3 does not distinguish software that uses publicly available data from software that uses non-public data, so it is likely facially invalid; 'Under the rubric of preventing price fixing, the statute prohibits normal commercial conduct just because it is facilitated by software.' The AG's office declined to comment on the ruling; it had argued the law regulates anticompetitive conduct, not speech. Reuters reported RealPage sued two days after settling with the U.S. DOJ (see DOJ-RealPage Consent Decree (algorithmic rent)). NOT ESTABLISHED from sources opened: docket number, whether the state will appeal. Related: New York S7882 (felony to use algorithms to coordinate residential rents). Reuters also reports the state had put the law on hold while Caproni considered the case. Section 3 description per PYMNTS/CPI.
Key facts
| Jurisdiction | New York |
|---|---|
| Level | State |
| Citation | RealPage, Inc. v. James (S.D.N.Y. Sept. 29, 2026) (Caproni, J.) (preliminary injunction) |
| Private right of action | No, agency enforcement only |
| Penalties | Not applicable (preliminary injunction) |
| Topics | automated decision-making · housing and credit decisions · consumer protection |
| News report | RealPage Wins Preliminary Injunction Against New York Algorithmic Rent-Setting Ban — PYMNTS/CPI |
More AI rules in New York
- NYDFS CL 7 (2024) — Insurance AI Anti-Discrimination · In effect
- NY Hochul EO — Statewide Data Center Moratorium (2026) · In effect
- New York Stealth Crawler Prohibition Act (2026) · Proposed / pending
- New York SAFE for Kids Act final rules (2026) · Enacted (not yet in effect)
- NY PSC utility AI inquiry (Case 26-M-0552) · Enacted (not yet in effect)
- NY Responsible Data Center Development Act (passed, awaiting Governor) · Proposed / pending
Related automated decision-making rules elsewhere
- CA EO N-6-26 (AI Workforce) · In effect
- Arkansas public entity AI/ADS policy mandate (Act 848, 2025) · In effect
- Connecticut algorithmic rent ban — HB 8002 (eff. Jan 1, 2026) · In effect
- San Diego algorithmic rent price-fixing ban (Ord. O-21955, May 2025) · In effect
- Minneapolis algorithmic rent ban (Ord. 2025-010, eff. Mar 1, 2026) · In effect
- Seattle algorithmic rent-fixing ban (Ord. 127241 / SMC 7.34, July 2025) · In effect
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