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1Fix the driver behind crashes, sound loss and screen glitches2Repair Windows errors before they cause bigger problems3Scan for outdated or missing drivers - takes under a minuteMontgomery County needs more homes and a rental market where landlords compete. Building expands the choices available to renters over time; scrutinizing alleged price coordination targets conduct in the homes that already exist. Neither policy is a substitute for the other, and neither guarantees lower rents on its own.
Why Montgomery County needs more than one kind of housing
Montgomery Planning’s 2021 housing discussion forecast 63,031 additional households in Montgomery County between 2020 and 2040. That is a forecast of household growth, not a count of homes currently missing, but it frames the scale of the long-term challenge. Planning argues that the county needs both market-rate and income-restricted housing as households grow across lower and higher income levels. It states: “Without new supply to help apply downward pressure to rents and home prices, housing gets even more expensive.” Montgomery Planning, “Thrive Explained” (2021).
More construction does not mean every new market-rate apartment is affordable to every household. The practical case for building is broader: adding homes can expand choices and reduce pressure on a constrained stock, while income-restricted homes and public financing strategies are needed to reach households the market does not serve at attainable prices. Planning’s policy discussion also points to zoning flexibility, varied housing forms, community land trusts, Housing First, and financing tools as parts of a wider approach.
What Bill 8-26 would do—and what it would not
Montgomery County Councilmember Will Jawando introduced Bill 8-26 on February 10, 2026. The available bill record identifies it as a draft, with a public hearing listed for March 2026; its enactment and effective-date fields are blank. The information available here therefore does not establish that the bill became law. Bill 8-26, introduced draft.
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The draft would prohibit covered algorithmic rent-setting and price coordination, amend landlord-tenant law, and provide enforcement mechanisms. Its definition of an “algorithmic device” turns on algorithmic calculations using certain rent, supply, occupancy, or lease data to recommend rents, fees, rental terms, or occupancy decisions. The draft also includes exceptions, among them certain aggregated anonymous reports, affordable-housing program data, and use by an individual landlord of one rental unit. The boundaries matter: the proposal is not a blanket ban on all software or all data use.
Jawando, the bill’s lead sponsor, said: “This legislation is about stopping price-fixing and collusion that inflates housing costs.” Montgomery County Council release, February 10, 2026. The bill would address specified conduct in the rental market; it would not itself build homes or establish a particular rent reduction.
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What the RealPage cases establish—and what they do not
Algorithmic pricing has drawn antitrust scrutiny beyond Montgomery County. In January 2025, Maryland’s Attorney General announced a lawsuit alleging that RealPage and landlord defendants used shared, sensitive information and centralized pricing algorithms to push rents above competitive rates. The office said its investigation found RealPage technology was used to set rents for more than 100,000 Maryland apartments. Those are the agency’s description of its investigation and allegations in a lawsuit, not a final court finding. Maryland Attorney General announcement.
In a related federal enforcement matter, the U.S. Department of Justice announced a proposed settlement with Greystar in August 2025. A proposed settlement is not a final judgment; DOJ said it required court approval. Assistant Attorney General Abigail Slater said: “Whether in a smoke-filled room or through an algorithm, competitors cannot share competitively sensitive information or align prices to the detriment of American consumers.” DOJ announcement, August 8, 2025.
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The policy point is narrower than “algorithms make rents high.” Antitrust rules target coordination or information-sharing that may undermine competition; ordinary use of software is not, by itself, proof of unlawful conduct. Legal claims must be judged on evidence and the outcome of the proceedings.
What the construction evidence says—and cannot prove
A 2025 Montgomery Planning pipeline analysis, as reported by Montgomery Perspective, reviewed 88 projects representing 99% of the county’s unbuilt pipeline units. It drew on 47 developer survey responses and 14 follow-up interviews. Developers reported barriers including financial infeasibility, construction costs, and local policy constraints; interviewees also raised rent stabilization and financing concerns. Only 37.5% of survey respondents said they were committing all necessary resources to advance their project. These are reported developer views and project-pipeline findings, not a causal estimate of the effect of any one policy across all county projects. Montgomery Perspective’s account of the 2025 pipeline analysis.
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Montgomery Perspective also reported low multifamily permit counts in periods it reviewed, including 8, 7, and 23 units in three quarters, followed by 54 units through August 2025 in the next quarter’s first two months. Its January 2026 commentary calculated that as a 96% decline against a seven-quarter prior average. These figures are the publication’s account of county planning material through August 2025, not a current countywide tally. Permit timing alone cannot show that rent stabilization caused the decline: construction costs, financing conditions, interest rates, demand, and other policy constraints may also affect whether projects proceed. Montgomery Perspective, January 2026.
That distinction matters for policy. If a project no longer pencils out, the response may need to address financing, construction feasibility, approvals, or affordability requirements rather than assume one rule explains every stalled project. But the reported pipeline evidence does make feasibility and developer constraints relevant questions when the county debates how to produce the homes its residents need.
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Treat construction and competition as complementary work
More construction and stronger competition enforcement act on different parts of affordability. New market-rate and income-restricted homes add capacity over time; enforcement can address specified coordination or data practices in the existing rental market. A sound county strategy should evaluate both, while being candid about trade-offs: homes take time and financing to deliver, affordability must be targeted to household needs, and any antitrust rule needs clear definitions, workable exceptions, and credible enforcement.
The argument is not that every proposed building should be approved or that every rent-setting algorithm is collusion. It is that Montgomery County cannot rely on a fixed housing stock to serve a growing population, and it should not ignore credible allegations that competitors may be coordinating prices. More homes and a rental market where landlords genuinely compete are distinct parts of a more complete housing policy.
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