Apts. Downtown and Apts. Near Campus in Iowa City Class Action Settlement

A settlement has been reached between current and former tenants and subtenants of Apts. Downtown or Apts. Near Campus in Iowa City. Any individuals who were tenants or subtenants of these apartment complexes for the 2010-2011, 2011-2012, 2012-2013, and/or 2013-2014 lease years are eligible to receive payment under the deal.

The court has ruled that the lease terms contained in the affected lease years include various provisions that were prohibited by the Iowa Landlord Tenant Act. The ruling was based on the lease of Class Representative Molly Burke, whose lease matched those in the settlement classes.

According to court documents, “On July 8, 2015, this Court rendered partial summary and declaratory judgment finding that a number of provisions in Landlord’s standard 2010-2011 lease violated the Iowa Uniform Residential Landlord Tenant Act (“IURLTA”) codified at Iowa Code Chapter 562A.”

At the same time, the court certified the case as a class action lawsuit. Apts. Downtown filed an appeal to the partial summary and declaratory judgment as well as the Class certification, but the appeal was dismissed in February 2016.

The settlement resolves all claims brought forth under the litigation, and the landlord continues to deny any allegations in the class action lawsuit. Both parties have voluntarily agreed to the class action settlement in order to avoid the time, cost and uncertainty of continued litigation.

The settlement amount is intended to compensate Class Members for possible prohibited leases in their potentially prohibited provisions in the leases during the named years. The amount does not include other charges such as security deposits for individual tenants or sub-tenants.

If the all eligible Class Members file claims the payment under this class action settlement, the total payout would be approximately $910,000. Apts. Downtown has also agreed to pay related Court costs and costs related to the settlement administration in addition to individual payments to Class Members.

Additionally, the landlord agreed to return the security deposits for several named plaintiffs in the case.

Should Class Members choose to opt out of the Settlement to be able to pursue individual claims, they may do so by Nov. 15, 2016.

Who’s Eligible

If you were a tenant or subtenant of Apts. Downtown or Apts. Near Campus for the lease terms 2010-11, 2011-12, 2012-13, or 2013-14, you are automatically a member of the Class and may register for a settlement payment.

Potential Award

$65 per each lease term, for a total of up to $260

Proof of Purchase

In order to register for the settlement payment, you need to provide the following:

• The street address of the building or house you lived in for each lease term.
• In addition, if you lived in an apartment building you need to know the unit or if you don’t know the unit you need any two of the following:  roommates’ names, floor level, or number of bedrooms.
• You also need to provide current contact information and a working e-mail address is required as well as a scan of your government-issued ID.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

11/15/2016

Case Name

Michael Conroy et al. v. Apts. Downtown Inc. et al., Case No. LACV072840, in the Iowa District Court in and for Johnson County.

Final Hearing

07/18/2016

Settlement Website

www.ADISettlement.com

Claims Administrator

info@adisettlement.com

Class Counsel

Christopher Warnock
IOWA TENANTS’ PROJECT

Defense Counsel

Stephen J. Holtman
Lisa A. Stephenson
SIMMONS PERINE MOYER BERGMAN, PLC