Tamara Burns  |  February 26, 2016

Category: Closed Class Actions

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This settlement is closed!

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apartment building condo

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.

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One thought on Essex Apartment Homes Class Action Settlement

  1. Carlos says:

    How about Essex San Jose Santa clara county?If anything shows up let me know!

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