Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
A settlement has been reached between apartment tenants in Fremont, Calif. and Essex Property Trust Inc. over allegations of improper rental property rate increases and habitability claims in a proposed class action lawsuit.
The apartment complexes in Fremont are known as Paragon, Stevenson Place, Briarwood, Boulevard, The Woods, Mission Peaks I and Mission Peaks II.
The tenants in the lawsuit alleged that Essex wrongfully increased their rents in violation of California Civil Code and Fremont’s Residential Rate Increase Dispute Resolution Ordinance. Two of the plaintiffs also alleged habitability claims in a second class action lawsuit against Essex, and this settlement will resolve those claims as well.
Essex Property Trust, and the other named defendants, continue to deny any wrongdoing and legal violations. The Court did not decide in favor of the tenants or the property owner defendants. Both sides agreed to a settlement in order to avoid costs of a trial and to quickly pay eligible Class Members their settlement money.
If you would like to be excluded from the class action settlement, you must do so by May 11, 2016.
If you would like to object to the settlement, you must do so by June 15, 2016.
Who’s Eligible
According to the Class Notice:
“All persons identified as Resident or Tenant under a written lease for, or who paid rent for, a unit for which the rent was increased at any time from September 4, 2010 through February 3, 2016 at the Paragon, Stevenson Place, Briarwood, Boulevard, The Woods, Mission Peaks I or Mission Peaks II (‘Subject Properties’) apartment complexes in Fremont, California.”
“Each Class Member, except those who reside(d) at Mission Peaks I and Mission Peaks II and those who opt out will receive a settlement ‘Benefit Check,’ as described below. The Parties’ investigation and discovery demonstrated that Mission Peaks I and II residents received notices of rent increase that were fully compliant and so, Class Members that were residents of Mission Peaks I or II are not entitled to any Settlement Benefit.”
Potential Award
$449 per household (average)
Essex has a great to a total maximum settlement amount of $665,000 and the class action and habitability case are both included within the amount of this settlement. The settlement includes the amount agreed to pay: Class Members in exchange for not suing; plaintiffs who will receive benefits as Class Representatives and for habitability awards; plaintiffs’ attorneys’ fees and costs and the Settlement Administrator.
“The amount a Class Member receives will depend upon the length of time they paid increased rent since September 4, 2010, the amount of rent increases paid, whether a co-tenant also paid increased rent.”
If all eligible Class Members participate, the average payout is $449 per household, and this number could be substantially more or less based on the factors described above.
Proof of Purchase
N/A
Claim Form
N/A
No claim form is necessary.
If the settlement is approved, eligible Class Members will automatically be mailed a settlement check.
Claim Form Deadline
N/A
Case Name
Bhatti et al. v. Essex Property Trust, Inc. et al., Case No. RG14739318, in the Superior Court of California for the County of Alameda
The Habitability Lawsuit is Gonzalez v. Essex Property Trust, Inc. et al., Case No. RG14740356, in the Superior Court of California for the County of Alameda
Final Hearing
06/29/2016
Settlement Website
www.rridrosettlement.com
Claims Administrator
Bhatti v. Essex Property Trust, Inc. Settlement Administrator
P.O. Box 40007
College Station, TX 77842-4007
1-866-515-9444
Class Counsel
Andrew Wolff, Esq.
Chris Beatty, Esq.
LAW OFFICES OF ANDREW WOLFF, PC.
Defense Counsel
Information not available at this time.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
One thought on Essex Apartment Homes Class Action Settlement
How about Essex San Jose Santa clara county?If anything shows up let me know!