If you were charged a late fee while a tenant at an Equity Residential property in California for the first time between September 3, 2010 and October 28, 2022, you may be included in a class action settlement and entitled to a partial refund of the late fees you paid and/or a partial credit for late fees you were charged but did not pay by April 30, 2024. OR If you had a non-Equity Residential lease and were charged a late fee while a tenant at the "Woodland Park" property in East Palo Alto, California, from December 1, 2011 to February 2016, you may be included in a class action settlement and entitled to a partial refund of the late fees you paid and/or a partial credit for late fees you were charged but did not pay by April 30, 2024.

What is this Lawsuit about?

There are two classes within this settlement.

Standard Late Fee Class: This lawsuit is about whether Equity Residential owes certain California tenants a partial refund of the Standard Late Fee (5% of monthly recurring charges, minimum $50) that Equity charged its California tenants from September 3, 2010 to April 30, 2024. There was a trial in June 2023, and the Court decided that Equity's Standard Late Fee is unlawful and that Equity is required to pay back late fees that class members paid, minus Equity's cost of late rent collection. The Parties decided to settle the case instead of continuing to litigate it through an appeal.

There is another case, called Van Cott v. Equity Residential, that also reached a settlement that has been approved by the Court. That lawsuit covers different groups of tenants depending on the date they were first charged the Standard Late Fee.

Equity Residential denies that it did anything wrong.

Woodland Park Preexisting Lease Class: This lawsuit is about whether Equity Residential owes certain California tenants a partial refund of the Woodland Park $50 Late Fee that Equity charged tenants with non-Equity Residential leases, who resided at the "Woodland Park" property in East Palo Alto, California, when it was owned by Equity Residential from December 1, 2011 to February 2016. (The lawsuit is also about the late fee that Equity charged the Standard Late Fee Class.) There was a trial in June 2023, and the Court decided that Equity's Woodland Park $50 Late Fee was unlawful and that Equity is required to pay back late fees that class members paid, minus Equity's cost of late rent collection. The Parties decided to settle the case instead of continuing to litigate it through an appeal.

Equity Residential denies that it did anything wrong.

How do I know if I am in the Settlement Class?

Standard Late Fee Class: If Defendants' records show that you are or were an Equity Residential tenant in California who was charged a late fee of 5% of rent, minimum $50, for the first time between September 3, 2010 and October 28, 2022.

Woodland Park Preexisting Lease Class: If Equity Residential's records show that you had a non-Equity Residential lease while living at the "Woodland Park" property in East Palo Alto, California, when it was owned by Equity Residential from December 1, 2011 to February 2016, and were charged at least one $50 late fee during that time.

Template Features

This template includes all standard features for case settlement websites including claim forms, document management, and deadline tracking.
Settlement Benefits will be adjusted on a pro-rata basis depending on how many claims are filed.
If the total value of all approved Claims either exceeds or falls short of the amount available to pay Authorized Claimants after payment from the Settlement Amount of Court awarded costs, fees and service awards, then the amounts of the Settlement Benefit will be reduced or increased to ensure the fund is exhausted. Any such pro rata adjustment will be calculated prior to distribution (i.e., will be made in a single distribution).
A detailed description of the settlement benefits can be found in the Settlement Agreement.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

OPTION STANDARD LATE FEE CLASS WOODLAND PARK PREEXISTING LEASE CLASS
Do Nothing If you do nothing, you will receive a check in the mail and/or Equity Residential has already provided, or will provide, a credit to your tenant account, an adjustment to your credit file with the applicable debt collection agency, or a check, and you will be part of the settlement. For units with leases shared by more than one class member (i.e., co-tenants), the award under this settlement will be divided equally among co-tenants. If you do nothing, you will receive a check in the mail and/or Equity Residential has already provided, or will provide an adjustment to your credit file with the applicable debt collection agency, and you will be part of the settlement. For units with leases shared by more than one class member (co-tenants), the payment to your unit will be divided equally among co-tenants.
Opt Out If You Paid Late Fees by April 30, 2024 If you paid the Standard Late Fee by April 30, 2024 and you opt out of the settlement, you won't receive any refund of the late fees you were charged and paid. You would have the right to file your own lawsuit against Equity Residential or the other Defendants. If you paid the Woodland Park $50 Late Fee to Equity by April 30, 2024 and you opt out of the settlement, you won't receive any refund of the late fees you were charged and paid. You would have the right to file your own lawsuit against Equity Residential or the other Defendants.
If You Were Charged But Did Not Pay Late Fees by April 30, 2024 You cannot opt out of receiving credits for late fees you were charged but did not pay as of April 30, 2024. You cannot opt out of receiving credits for late fees you were charged but did not pay as of April 30, 2024.
Object You can also stay in the class but tell the Court that you don't like the settlement. If the Court approves the settlement, you will still receive a payment and/or credit. You can also stay in the class but tell the Court that you don't like the settlement. If the Court approves the settlement, you will still receive a payment and/or credit.