Equity Residential Management Move-In Fees Class Action Settlement

Equity Residential Management has agreed to a $2 million class action lawsuit settlement over allegations that the company charged non-refundable fees to Massachusetts tenants in violation of state laws.

Lead plaintiff Brian Perry filed the Equity Residential Management class action lawsuit stemming from claims that he along with other tenants were unfairly charged application fees, move-in fees, up-front pet fees, monthly pet fees and community fees, at or prior to the beginning of occupancy. The Equity Residential Management class action lawsuit alleges that collection of these fees violates the Massachusetts General Laws including the Security Deposit Law.

Along with the cash settlement, Equity Residential Management has also agreed to stop charging application fees, move-in fees and up-front pet fees at or prior to the commencement of a tenancy within the state of Massachusetts for a period of four years unless there is a legal development that allows them to do so. In addition, the management company has agreed to refrain from collecting fees that were billed but left unpaid as of July 10, 2015.

Despite reaching a class action lawsuit settlement, Equity Residential Management has denied that their practice of collecting fees violates any laws but agreed to the terms in order to avoid the cost of further litigation.

Who’s Eligible

Equity Residential Management move-in fees class action lawsuit is open to the following Class Members who paid up-front fees prior to moving into moving into an apartment managed by the company.

Subclass 1: All current and former tenants or prospective tenants at residential apartment units managed by Equity Residential Management in Massachusetts who paid an application fee at or prior to the start of their tenancy between Feb. 19, 2009 and Aug. 11, 2015.

Subclass 2: All current and former tenants or prospective tenants at residential apartment units operated by Equity Residential Management in Massachusetts who paid a move-in fee at or prior to occupancy between May 1, 2008 and Aug. 11, 2015.

Subclass 3: All current and former tenants or prospective tenants at residential apartment units managed by Equity Residential Management in the Massachusetts who paid an up-front pet fee at or prior to the commencement of their tenancy between Feb. 19, 2009 and Aug. 11, 2015.

Tenants or prospective tenants shall be considered to have “paid” a fee regardless of whether they paid that fee themselves or the fee was paid by a third party on their behalf.

Potential Award

Varies.

The Equity Residential Management settlement will refund Class Members who submit valid claims 100 percent of any application fees, move-in fees and/or up-front pet fees that they paid along with 10 percent interest from Feb. 23, 2012 and July 10, 2015 (for move-in fees) and from Aug. 24, 2012 and July 10, 2015 (for application fees and up-front pet fees).

A $2 million settlement fund has been set up for Class Members but Equity Residential Management has agreed to pay 100 percent of all refund claims even if the total amount of refund claims exceeds the fund.

Proof of Purchase

Equity Residential Management class action lawsuit settlement Class Members will receive a notice of the terms by email and will use the eight digit Claim Number included with the notice to obtain a Proof of Claim Form. If you have misplaced your Claim Number and need a Proof of Claim Form, please contact the settlement administrator for assistance.

Claim Form

CLICK HERE TO FILE A CLAIM

Claim Form Deadline

01/29/2016

Case Name

Brian Perry, et al. v. Equity Residential Management LLC, et al., Case No. 12-10779-RWZ, in the U.S. District Court for the District of Massachusetts

Final Hearing

01/12/2016

Settlement Website

www.EquityPropertyMASettlement.com

Claims Administrator

Perry v. Equity Residential Management, L.L.C.
c/o Dahl Administration
PO Box 3614
Minneapolis, MN 55403-0614
866-358-8886

EquityPropertyMA@Dahladministration.com

Class Counsel

David Pastor
PASTOR LAW OFFICE LLP

Matthew J. Fogelman
FOGELMAN & FOGELMAN LLC

Preston W. Leonard
LEONARD LAW OFFICE PC

Kevin T. Peters
Michael D. Brier
ARROWOOD PETERS LLP

Defense Counsel

Craig M. White
BAKER & HOSTETLER LLP

Thomas H. Wintner
MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, PC