Federal Register Watch: September 18, 2026 — DOJ Moves to Bar Landlord From Algorithmic Rent Pricing

ByEduardo Bacci

September 18, 2026
The U.S. Government Publishing Office building in Washington, D.C., where the Federal Register is produced.The U.S. Government Publishing Office in Washington, D.C. Photo: Geraldshields11 via Wikimedia Commons, CC BY-SA 4.0.

The Federal Register published 114 documents on Friday, September 18, 2026 — 11 final rules, six proposed rules, 96 notices and one presidential document, filling pages 59,048 through 59,694 of Volume 91. Below are the entries with the broadest consequences for taxpayers, contractors, renters and regulated industry, with comment deadlines noted where the record remains open.

1. Justice Department asks court to bar a major landlord from algorithmic rent pricing

The Antitrust Division published a proposed Final Judgment and Competitive Impact Statement in United States of America, et al. v. RealPage, Inc., et al., Civil Action No. 1:24-cv-00710 (M.D.N.C.), covering 48 Federal Register pages. The settlement resolves claims against Pinnacle Property Management Services, LLC, one of the largest apartment managers in the country, which the amended complaint alleges violated Section 1 of the Sherman Act by sharing confidential, competitively sensitive leasing data with RealPage for use in pricing recommendations delivered to competing landlords.

According to the government’s filing, Pinnacle licensed RealPage’s AI Revenue Management (AIRM) and YieldStar products and supplied daily transactional data — how many leases had renewed, on what terms and at what price. The complaint quotes internal RealPage statements describing software that “helps curb [landlords’] instincts to respond to down-market conditions by either dramatically lowering price or by holding price,” and a company executive’s view that “there is greater good in everybody succeeding versus essentially trying to compete against one another.”

The proposed decree is notably structural for a data-sharing case. Paragraph IV.A bars Pinnacle from using any third-party revenue management product that pools data across owners, uses competitors’ data to generate pricing recommendations, or contains a pricing algorithm trained on non-Pinnacle data. Paragraph V.D bars attendance at RealPage steering committees, user groups and the RealPage Idea Exchange. Pinnacle must open its software code and pseudocode to government inspection, submit annual General Counsel certifications, require employee attestations under penalty of perjury, and make up to 15 employees available for as much as 60 hours of interviews to assist the government’s case against the remaining defendants. A compliance monitor is mandatory unless Pinnacle obtains a vendor certification under Paragraph IV.E. Pinnacle does not admit liability. Public comment is invited for 60 days, directed to the Technology and Digital Platforms Section.

2. Four more pieces of the “Revolutionary FAR Overhaul” land at once — 274 pages, 31 days to comment

The FAR Council — OMB’s Office of Federal Procurement Policy, the Defense Department, GSA and NASA — published four simultaneous proposed rules rewriting large sections of the Federal Acquisition Regulation: Parts 9, 27 and 47 (100 pages), Parts 8, 12, 13, 15, 38, 44 and 51 (69 pages), Parts 16, 17 and 35 (56 pages) and Parts 14, 28, 36 and 52 (49 pages).

The rules implement Executive Order 14275, Restoring Common Sense to Federal Procurement (April 15, 2025), and OMB Memorandum M-25-26. The preambles state that the Council is issuing twelve proposed rules that “collectively will streamline the FAR in its entirety,” replacing what the E.O. characterizes as an “excessive and overcomplicated regulatory framework” with regulations containing only provisions required by statute or essential to sound procurement. Phase one, in fiscal 2025, proceeded through model class deviations; this is phase two, the formal rulemaking.

The practical stake for the contractor community is the comment window. Roughly 274 Federal Register pages of proposed text carry a single deadline of October 19, 2026 — about 31 days — and that is only part of the twelve-rule package. Small businesses in particular have a narrow runway to evaluate changes to FAR Part 9 (responsibility and debarment), Part 15 (negotiated procurement), Part 19-adjacent sourcing provisions and the Part 52 clause matrix. Each rule carries an Initial Regulatory Flexibility Analysis; comments on those analyses are due on the same date.

3. Presidential Determination on drug transit countries removes Venezuela’s “failed demonstrably” designation

Presidential Determination No. 2026-23, signed September 11, identifies 23 countries as major drug transit or major illicit drug producing countries for fiscal year 2027: Afghanistan, The Bahamas, Belize, Bolivia, Burma, the People’s Republic of China, Colombia, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Laos, Mexico, Nicaragua, Pakistan, Panama, Peru and Venezuela. The memorandum notes that listing reflects geographic and commercial factors rather than a judgment on a government’s counterdrug effort.

Four countries — Afghanistan, Bolivia, Burma and Colombia — are designated as having “failed demonstrably” to adhere to international counternarcotics obligations under section 706(2)(A) of the FY2003 Foreign Relations Authorization Act. Assistance to Bolivia, Burma and Colombia was separately determined vital to U.S. national interests, which preserves aid flows that the designation would otherwise restrict. The most consequential change from prior years is Venezuela’s removal from the failed-demonstrably list; the determination attributes this to cooperation with what it describes as the country’s interim government following the removal of Nicolás Maduro. The document also states that designations for Bolivia and Colombia may be revisited if coca eradication and anti-corruption progress is demonstrated, and criticizes Brazil’s handling of the Primeiro Comando da Capital and Comando Vermelho. Readers should note these are the administration’s characterizations as set out in the memorandum; the underlying seizure and cultivation data are published separately by ONDCP and the State Department’s INCSR.

4. FTC moves against a firearms-industry interlocking directorate

The Federal Trade Commission placed on the public record a proposed consent order with Beretta Holding S.A. (File No. 261 0091). Under a Cooperation Agreement dated May 2, 2026, Beretta may acquire up to 25 percent of Sturm, Ruger & Company at $44.80 per share — roughly $167 million — and gained the right to source two members for appointment to Ruger’s board.

The Commission’s complaint alleges that arrangement would create an unlawful interlocking directorate under Section 8 of the Clayton Act and an unfair method of competition under Section 5 of the FTC Act, because Beretta and Ruger are direct competitors selling to overlapping customers including recreational shooters, hunters and law-enforcement agencies. The proposed order permits only directors qualifying as “Independent” under a defined standard, requires 15 days’ advance written notice to the Commission before any board appointment, prohibits Beretta from seeking Ruger nonpublic information through those directors, and mandates an antitrust compliance program. Section 8 enforcement has historically been infrequent, which makes this filing worth watching as a signal of the Commission’s posture on partial-acquisition governance rights. Comments close October 19, 2026.

5. Energy Department declares its manufactured-housing efficiency standards have no legal effect

DOE’s Office of Critical Minerals and Energy Innovation — the office formerly known as Energy Efficiency and Renewable Energy — published a notification of legal effect stating that its May 31, 2022 final rule setting energy conservation standards for manufactured housing (87 FR 32728) no longer has legal force.

The stated basis is section 301(d)(2)(B) of the 21st Century ROAD to Housing Act (Pub. L. 119-101), enacted July 11, 2026, which provides that no federal energy efficiency standards for manufactured homes have legal effect unless adopted by HUD through the consensus process at 42 U.S.C. 5403(a)(2). Section 301(d)(2)(C) requires HUD to adopt minimum standards within one year and update them every three years. Because HUD has not yet acted, DOE says the 2022 rule is inoperative and that it will not enforce it, and intends a conforming rulemaking. The practical effect is a gap period for manufactured-home efficiency requirements. HUD’s deadline falls in July 2027; whether that schedule holds is a matter worth tracking.

6. OPM proposes a broad rewrite of excepted-service hiring, including Schedule Policy/Career

The Office of Personnel Management issued a 23-page proposed rule (RIN 3206-AO92) amending 5 CFR parts 213, 302, 317, 359, 362, 432, 550, 731, 920 and 930. OMB designated it significant. The rule would conform regulations to current excepted-service schedules — including Schedules E, Policy/Career and G — modernize part 302 appointment procedures, authorize and clarify Pathways Program conversions into Schedule Policy/Career, and revise administrative law judge appointment rules.

OPM states the proposal preserves statutory veterans’ preference, compensable-injury restoration rights and other priority placement rights. Schedule Policy/Career remains among the most contested civil-service changes of this administration, and the conversion pathway from Pathways internships is a provision worth close reading. A companion OPM rulemaking on shared certificates and pooled hiring is referenced in the preamble. Comments are due November 17, 2026.

7. State Department adds Saudi Arabia and Peru to the major non-NATO ally list; decontrols some underwater drones

Two ITAR actions published together. The first, a final rule effective immediately (Public Notice 13121), clarifies policy-of-denial provisions, updates country policies for Ethiopia and Somalia, and adds Saudi Arabia and Peru to the major non-NATO ally list. MNNA status carries defense-trade and cooperative-research privileges and is a meaningful marker of bilateral security posture.

The second, an interim final rule (Public Notice 13120, effective October 19), removes certain uncrewed underwater vehicles from U.S. Munitions List Category XX(a) and requests comment on further refinements, including possible enhancements to the license exemption for UUV-related activities. Moving UUVs off the USML shifts them toward Commerce Department jurisdiction — a live issue for the maritime autonomy sector and for any accounting of where dual-use undersea technology ends up.

8. Trade, procurement and market-structure items

Commerce’s International Trade Administration issued antidumping duty orders on steel concrete reinforcing bar from Bulgaria, Egypt and Vietnam and countervailing duty orders on rebar from Vietnam and Egypt, both applicable September 18, following affirmative final determinations by Commerce and the ITC. A separate countervailing duty order covers carbon and alloy steel wire rod from Algeria, and antidumping orders on polyvinyl alcohol from Japan and China were continued. Construction-input costs are the downstream question.

DHS finalized a Homeland Security Acquisition Regulation rule (HSAR Case 2024-003, effective October 19) codifying compliance with the Make PPE in America Act, which restricts foreign acquisition of specified personal protective equipment. The stated aim is sustaining domestic PPE manufacturing capacity for public-health emergencies.

At the SEC, NYSE Arca and NYSE American filed proposals to permit listing of “binary KPI options” — European-style, cash-settled contracts that pay out based on whether a specific financial or operating metric an issuer reports in an SEC earnings filing meets a pre-set strike level. Similar filings from Cboe (SR-CBOE-2026-061) and MEMX (SR-MEMX-2026-25) are already pending. These are all-or-nothing instruments written on corporate disclosures rather than share prices, which raises questions about disclosure-timing incentives that the comment process should surface. The Commission also approved FINRA Rule 3290, consolidating outside business activity and private securities transaction requirements for registered representatives.

Items on TIJ’s beats

Surveillance transparency. The FBI’s Criminal Justice Information Services Division filed a 60-day notice seeking extension of the Lawful Access Data Collection (OMB Number 1110-0088). The LADC is the mechanism by which the Bureau documents encountered-encryption and lawful-access statistics — a data set directly relevant to the recurring encryption policy debate. Comments are accepted until November 16, 2026.

Military health benefits. The Defense Department published TRICARE plan program changes for calendar year 2027, covering cost-shares and program terms for services from January 1 through December 31, 2027.

Vaccine injury claims. HRSA’s routine list of petitions received under the National Vaccine Injury Compensation Program remains one of the few continuously published public records of claims filed under the program.

Sentencing policy. The U.S. Sentencing Commission published guideline amendments with an effective date of March 15, 2027, and is accepting applications for its Victims’ Rights Advisory Group.

All documents cited are available in full at federalregister.gov. Allegations described in Justice Department and FTC filings are allegations; the RealPage and Beretta matters are pending and no court or commission has entered a final judgment or order in either. Parties named have not been found liable. Federal Register Watch runs each publication day.

ByEduardo Bacci

Investigative journalist and founder of The Investigative Journal. Specializing in OSINT-driven reporting on corporate malfeasance, government accountability, and institutional corruption.