If you were charged or paid a Late Payment Charge to United Dominion Realty, L.P. and/or UDR Inc., (“UDR” or “Defendants”) as a Leasehold Tenant in a UDR property, a class action settlement may affect your rights.
A proposed settlement is pending in a lawsuit challenging the late fees (“Late Fees”) imposed on tenants of UDR’s residential properties (“Tenants”) pursuant to its residential lease agreements (“Lease Contracts”). The lawsuit is pending in the San Bernardino (California) Superior Court, Case No. CIV-SB 2123480.
The class in this case includes all California residential tenants who, from August 12, 2017 to October 24, 2024, were charged or paid one or more Late Fees imposed by Defendants (the “Settlement Class”).
The lawsuit claims that Defendants unlawfully imposed on Leasehold Tenants, and collected from its Leasehold Tenants, Late Fees in violation of California Civil Code § 1671, and, in so doing violated various California consumer protection laws. Defendants deny any wrongdoing, but have agreed to settle the lawsuit, to avoid the cost and expense of further litigation. The Court has not made a decision regarding liability in the case.
Defendants agree to provide a Settlement Fund of $3,000,000.00 to compensate Settlement Class Members, pay notice and administration costs, incentive awards to the class representative, and litigation costs and expenses; and to pay attorney’s fees to compensate Class Counsel.
The Settlement Agreement provides that the Settlement Fund, net of deductions approved by the Court, will be allocated to Class Members who were, or are currently, tenants of Defendants at some time during the period from August 12, 2017 through October 24, 2024 (the “Settlement Class Period”) who were assessed Late Fees as reflected in Defendants’ records and who submit a valid Claim Form.
Current tenants are not required to submit a Claim Form to receive their benefit but may still do so. Current tenants will receive their payment by check at their current address after Final Approval of the Settlement, unless they elect a different payment method by submitting a Claim Form. If a current Tenant elects to receive payment in a form other than a check, they may receive payment as a credit to their account with PayPal, Zelle, or Venmo. Current Tenants are current residential lease holders who rent an apartment from any of UDR’s California apartment buildings or residential properties.
Former Tenants must submit a Claim Form to be eligible to receive a portion of the Settlement Fund. Distributions to Former Tenants will be in the form of a check or, at the Settlement Class Member’s option, payment to a specified PayPal, Zelle, or Venmo account. A former Tenant is a residential lease holder who rented an apartment from any of UDR’s California apartment buildings or residential properties during the Settlement Class Period, was charged or paid a Late Fee to Defendants but is no longer a UDR tenant.
The Court has appointed Bursor & Fisher, P.A. of Walnut Creek, CA, and Gucovschi Rozenshteyn, PLLC, of New York, NY as Class Counsel to represent Plaintiff and all Settlement Class Members.
If you are a member of the Settlement Class, you have the following options:
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT | ||
| ACTION | EXPLANATION | DUE DATE |
| (CURRENT TENANTS) DO NOTHING |
Stay in the lawsuit. Await the outcome. Give up certain rights. If the settlement is approved by the Court, you may be eligible for a payment of money under the settlement. By doing nothing, you remain a part of the Settlement Class. But you give up any rights to sue Defendants separately about the same legal claims that were brought or could have been brought in the lawsuit. If you fall within the definition of the Settlement Class and, as of October 24, 2024, you are a current tenant in one of Defendants’ apartments, you are eligible to receive a portion of the settlement fund by check to your current residential address, without filing a claim form unless you seek payment in another manner (e.g. PayPal, Zelle, or Venmo). |
NO DEADLINE |
| (FORMER TENANTS) SUBMIT A CLAIM FORM |
If you fall within the definition of the Settlement Class, but as of October 24, 2024, you are no longer a tenant in one of Defendants’ apartments, you will need to file a claim form to be eligible to receive a portion of the settlement fund. The claim form must be submitted by March 3, 2025. Claim forms are available here. | MARCH 3, 2025 |
| SUBMIT AN OBJECTION | If you do not exclude yourself from the Settlement Class, you may object to the Settlement, Class Counsel’s request for an award of attorney’s fees and/or the proposed allocation of the net settlement fund. Any such objection must be accompanied by documentary evidence that you were charged or paid a Late Fee to Defendants, and must be filed with the Court on or before March 3, 2025, and served on Class Counsel and Defendants’ Counsel, postmarked on or before March 3, 2025. The addresses of Class Counsel and Defendants’ counsel are listed in the Notice of Settlement. | MARCH 3, 2025 |
| ASK TO BE EXCLUDED | Get out of the lawsuit. Get no benefits from it. Keep rights. If you ask to be excluded, you won’t share in any of the money recovered in the settlement. But you will keep any rights to sue Defendants separately about the same legal claims in this lawsuit. |
MARCH 3, 2025 |
To understand all your options and how your rights will be affected, as well as the deadlines for action on your part, please read all of the Notice of Settlement.
The Court will determine whether to approve the settlement at a fairness hearing to be held on April 2, 2025 (the “Fairness Hearing”). If you filed a valid and timely objection you or your attorney may appear at the hearing to explain your objection.
At the Fairness Hearing, the Court will also decide whether to approve Class Counsel’s applications (a) for an award of attorneys’ fees of not more than $1,000,000.00, to be paid by Defendants, from the Settlement Fund; (b) for reimbursement from the Settlement Fund of litigation costs and expenses (the “Expenses”); and (c) for payment of an incentive award from the Settlement Fund to the Class Representative not to exceed $5,000.00 (the “Incentive Award”).