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Ky. Off. of the Att'y Gen., Complaint, Commonwealth v. RealPage, Inc. (filed July 2, 2025)

Citation
Ky. Off. of the Att'y Gen., Complaint, Commonwealth v. RealPage, Inc. (filed July 2, 2025)
Jurisdiction
Kentucky (state)
Source
Official source

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Conventional multifamily rental housing includes apartments available to the general public in

properties that have five or more living units. Conventional rental housing does not include

student housing, affordable housing, age-restricted or senior housing, or military housing. This

product market reflects consumer preferences, industry practice, and governmental policy.

138. According to the 2023 ACS, approximately 340,000 Kentuckians live in

multifamily rental housing.

A. Conventional Multifamily Rentals are Distinct from Other Types of Multifamily
Housing

139. Other types of multifamily apartment buildings are not good substitutes for

conventional multifamily rentals. Some kinds of multifamily buildings are restricted to specific

types of renters, such as student housing units, affordable housing units (i.e., income-restricted

housing), senior (i.e., age-restricted) housing, and military housing. These housing units focused

on different classes of renters are not reasonable substitutes for conventional multifamily rentals.

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RealPage distinguishes conventional multifamily as being in a different market segment from

senior, affordable, and student housing in the ordinary course of business.

140. Non-conventional units are not widely available to all renters and can exhibit

different buying patterns. For example, student housing serves individuals enrolled in higher

education and is typically located on or near universities. Student housing is typically leased by

the bed instead of by unit and faces a significantly different leasing cycle and different patterns

in renewals and leasing practices. Recognizing these differences, RealPage will assign to student