Frequently Asked Questions
- Why did I receive a Class Notice?
- Who is in the Class?
- What does this Action involve?
- What is the Settlement?
- What does the Voucher entail?
- What does the Cash Alternative entail?
- I am a Current Tenant. What do I have to do to receive the inspection or rent freeze?
- I am a Former Tenant. What do I have to do to receive the Voucher or Cash Alternative?
- How do I opt out if I do not want to be part of the Settlement?
- Can I object to the Settlement?
- What is the effect of Final Approval of the Settlement?
- What is the attorney’s recommendation and the request for attorney’s fees?
- What if I have further questions about the Settlement or Action?
- When will Inspection Notices and Vouchers be mailed?
- Why did I receive a Class Notice?
You have received the Class Notice because records indicate that you are a member of the Class. The purpose of this Class Notice is to briefly describe the Action and Settlement to you and inform you of your rights and options in connection with the Settlement.
Top - Who is in the Class?
The Current Tenant Settlement Class is defined as follows: All individuals who, as of December 20, 2019, are current tenants (i.e., lease signatories and/or adult occupants listed on a lease) in a residential property owned or managed, in whole or in part, including through a partnership or corporation, by any of the Defendants, including JD Home Rentals and/or any of the owners of the units, in the City or County of Fresno, California.
The Former Tenant Settlement Class is defined as follows: All individuals who, on or after January 9, 2010, had been, but, as of December 20, 2019 were not tenants (i.e., lease signatories and/or adult occupants listed on a lease) in a residential property owned or managed, in whole or in part, including through a partnership or corporation, by any of the Defendants, including JD Home Rentals and/or any of the owners of the units, in the City or County of Fresno, California.
Top - What does this Action involve?
The Complaint alleges individual and class action claims against Defendants. The Complaint alleges that Defendants routinely maintained their residential units in generally uninhabitable, untenantable, substandard and/or dangerous conditions under general standards of maintaining residential units and under all applicable California statutes and laws. The Complaint further claims that Defendants took advantage of tenants; failed to make repairs, required or permitted tenants to make repairs or otherwise caused the tenants to expend money relating to their units. Defendants have denied these allegations.
Complete details of all the allegations are on file with the Fresno County Superior Court and are available at www.fresnojdhomerentalsettlement.com or by contacting the Settlement Administrator at 1-844-612-7911.
Top - What is the Settlement?
Current Tenant Settlement Class Members will have the option of an independent inspection of the unit a tenant occupies or a rent freeze for a period of eight months after Final Approval of the Settlement. In addition, for a period of two years after the Settlement becomes effective or expiration of the agreed budget, the Current Tenant Settlement Class Members will have access to an Ombudsman to receive complaints about repairs and maintenance matters. Furthermore, a pest control inspector will perform a single pest control inspection and assessment of each unit occupied by the Current Tenant Settlement Class. Finally, for a period of 12 months after Final Approval of this Settlement, if that occurs, JD Home Rentals has agreed not to terminate any tenancy except for certain types of good cause.
Some current tenants who do not opt out may move out before the settlement actually takes effect and benefits them. This will include those who request an inspection but move before they receive it. Those current tenants will then be considered former tenants and will be provided the same Voucher and Cash Alternative opportunity available to former tenants. However, current tenants who do not request an inspection and thus receive the immediate benefit of the rent freeze, and then move, will not qualify for the Voucher or Cash Alternative opportunity, Again, see the Joint Stipulation available in court and on the website for details.
Former Tenant Settlement Class Members will be entitled to a rental credit voucher in the event that they move to a Defendant owned or managed unit within two years of mailing of the voucher; or, if the voucher is not used, a cash amount if applied for after the voucher expires.
Top - What does the Voucher entail?
Each lease agreement is one tenancy group regardless of the number of persons in the group. Vouchers will be divided pro rata where there is more than one member of a tenancy group (which may be combined if they agree among themselves). The Voucher is good for two years from mailing to you and may be transferred one time to a third party. The Voucher may be used as a credit towards the cost of a credit check, with the remainder applied towards the first month’s rent. Any former tenant exercising the voucher will not have to post a security deposit. The value of the Voucher depends on the size of the unit formerly rented (and is the same as the maximum available for the Cash Alternative if the Voucher is not used): $250 for a one-bedroom unit; $350 for two bedrooms and $500 for three bedrooms or more in a rental unit. Defendants’ records regarding who is a former tenant will control that determination.
Top - What does the Cash Alternative entail?
Former Tenant Settlement Class Members who do not use or transfer the Voucher may, after the two year period expires, submit within 75 days the expired Voucher to the Settlement Administrator and seek the Cash Alternative, which will be paid up to the same amounts as the Voucher’s value (except that it will be based on $10 per month of prior tenancy up until the maximum value of the Voucher (e.g., a $250 voucher would reimburse $250 for 25 months of prior tenancy, a $350 Voucher that amount for up to 35 months of prior tenancy, etc.). The Cash Alternative value for all former tenants is capped in the aggregate at $222,500; if the Cash Alternative claims exceed that amount, they will be divided pro rata.
Defendants have the right to disqualify any former tenant from exercising the voucher, in which case they will automatically be considered to have applied for the Cash Alternative when it is available.
Top - I am a Current Tenant. What do I have to do to receive the inspection or rent freeze?
After final settlement approval, current tenants will receive from the Settlement Administrator a form allowing them to request an inspection. The basis to request an inspection will be explained in the form. You will have the option of receiving an inspection of your unit by an independent inspector or, for those who do not request an inspection, a rent freeze that will extend for eight (8) months after Final Approval of the Settlement. You will have forty-five (45) calendar days from mailing of that form to request the inspection. It is estimated that that form will not be sent until approximately four to five months after the Final Approval Hearing (and possibly longer if there is some type of appeal). You will have to review that form and timely return it or you will not receive an independent inspection, but you will receive the rent freeze.
Top - I am a Former Tenant. What do I have to do to receive the Voucher or Cash Alternative?
Former Tenant Settlement Class Members will receive a claim form after the Court finally approves this Settlement (which could take considerable time if there is an appeal). You will have to return the claim form within seventy-five (75) calendar days of its mailing or you will not be entitled to receive the Voucher or the Cash Alternative.
The Voucher will be good for up to 24 months from the date of its mailing to you. At the end of the 24-month period, if the Voucher has not been redeemed or transferred by you, you will have forty-five (45) calendar days during the period set forth in the Voucher to return an unused or untransferred Voucher to the Settlement Administrator and seek the Cash Alternative discussed above.
You alone are responsible to keep a copy of your voucher, and the date by which any later claim for a Cash Alternative must be made. It is important that you keep track of the Voucher and the Cash Alternative filing date. A replacement voucher can be obtained by contacting the Settlement Administrator at 1-844-612-7911 if you lose your Voucher.
Top - How do I opt out if I do not want to be part of the Settlement?
You can opt out of the Settlement by notifying the Settlement Administrator in writing of your intent to opt out. You must state your name, address, home or cellular telephone number, and your intention to opt out. It must be received or postmarked no later than August 22, 2020. Opt out writings must be postmarked and mailed by first class mail, postage prepaid, or delivered directly to the Settlement Administrator at the following address:
Vu v. JD Home Rentals Settlement Administrator
P.O. Box 8060
San Rafael, CA 94912-8060
Any Class Member who properly requests to opt out will not be entitled to receive any portion of the Settlement and will not be bound by the Settlement or have any right to object, appeal or comment thereon. Class Members who do not submit a valid and timely request to opt out shall be bound by all terms of the Settlement if the Settlement is finally approved by the Court.
Top - Can I object to the Settlement?
The Court will hold a Final Approval Hearing on February 25, 2021 at 3:30 p.m. in Department 503 of the Superior Court of the State of California in and for the County of Fresno, located at B.F. Sisk Courthouse, 1130 “O” Street, Fresno, California 93721, in Courtroom 503 (or as other set by the Court). As a Class Member, you may object to the Settlement. You have the right to object to the Settlement, and you also have the right to object to Class Counsel’s request for attorney’s fees and costs. To object, you must submit a written statement to the Settlement Administrator postmarked or delivered by August 22, 2020.
Any objections should clearly explain the Class Member’s objection and state whether the Class Member (or someone on his or her behalf) intends to appear at the Final Approval Hearing. If a Class Member submits a timely and complete objection and written notice of intention to appear, the Class Member may (but is not required to) appear personally or through an attorney, at his or her own expense, at the Final Approval Hearing. All timely objections will be considered whether the objector appears or not.
Class Members who unsuccessfully object to the proposed settlement remain class members. and are bound by the Settlement terms (if finally approved) to the same extent as a Class Member who does not object.
No objecting Class Member shall be personally heard, and no briefs or papers beyond the objection itself submitted by any such person shall be considered by the Court, unless written notice of intention to appear at the Final Approval Hearing, together with copies of all papers and briefs shall have been filed with the Court and mailed to Class Counsel and Defendants’ Counsel with a postmark no later than October 26, 2020.
All objections and written notices of intention to appear must be signed and must contain the Class Member’s name, the address of counsel, if any, and the name of and the case number for the Action. Upon request, the objector must also provide the Parties any address information or other necessary information so as to identify the objector.
Any Class member who does not object as provided above shall be deemed to have waived such objections and shall be foreclosed from making any objections by appeal or otherwise.
Class Counsel:
Barrett S. Litt
Kaye, McLane, Bednarski & Litt, LLP
975 East Green St.
Pasadena, CA 91106
Telephone: 626-844-7660
Michelle M. Kezirian
Attorney at Law
2335 E. Colorado Blvd., Suite 115
Pasadena, CA 91107
Telephone: 626-817-6341
Kenneth M. Greenstein
Greenstein and McDonald
300 Montgomery St., Suite 621
San Francisco, CA 94104
Telephone: 415-773-1240
Julius C. Thompson
Bet Tzedek Legal Services
3250 Wilshire Boulevard, Suite 1300
Los Angeles, CA 90010
Telephone: 323-939-0506
Defendants’ Counsel:
William C. Hahesy
Law Offices of William C. Hahesy
225 W. Shaw Ave., Suite 105
Fresno, CA 93704
Linda Northrup
Northrup Schlueter, A Professional Law Corporation
31365 Oak Crest Drive, Suite 250
Westlake Village, CA 91361
Mark L. Kincaid
Kincaid & Associates
26 Alhia Way
Hot Springs, AR 71909-7769
Top - What is the effect of Final Approval of the Settlement?
If the Court grants final approval of the Settlement, all Class Members (Current Tenant and Former Tenant Settlement Class Members) are bound by the terms of the Settlement, including the releases set forth in the Joint Stipulation of Settlement. The full releases as contained in the Joint Stipulation of Settlement are set forth in Exhibit 1 (can be viewed in the Case Documents). By remaining a part of this Class, you are also so agreeing and specifically waive all rights and benefits afforded by section 1542 of the Civil Code of the State of California for the items set forth in the release and nothing else, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
Top - What is the attorney’s recommendation and the request for attorney’s fees?
The attorneys for the Class have been appointed by the court and are experienced in class actions and housing. They recommend the settlement as reasonable based on the relief obtained and the risk of obtaining less relief. They will apply to the court for fees and costs not to exceed $1,150,000 (in addition to some future monitoring legal costs up to $70,000 after the Effective Date of the Settlement), which application will be posted at www.fresnojdhomerentalsettlement.com. This application will be available by June 23, 2020.
Top - What if I have further questions about the Settlement or Action?
You may contact Class Counsel at the address listed in Question 10 without having to pay for any attorneys’ fees. You also have the right to speak with an attorney of your choosing at your own expense. You may also contact the Settlement Administrator with questions about this Settlement at the address listed in Question 9. Please do not contact Defendants’ Counsel. DO NOT CONTACT THE COURT. THE COURT CANNOT PROVIDE YOU WITH LEGAL ADVICE OR ANY OPINION AS TO THIS SETTLEMENT OR LAWSUIT.
Top - When will Inspection Notices and Vouchers be mailed?
If you are a current tenant, an Inspection Notice or Notice of Ombudsman will be mailed to you on November 12, 2021. If you want to have your rental unit inspected, you must return a copy of the Inspection Notice by mail to us postmarked by no later than December 28, 2021, indicating that you want your unit inspected. Our mailing address is as follows: Vu v. JD Home Rentals Settlement Administrator, P.O. Box 8060, San Rafael, CA 94912-8060. Since the deadline for the Inspection Notice is during the holidays, it is strongly recommended that you return your Inspection Notice as quickly as possible to ensure that it is timely. If you do not return a copy of this notice postmarked by December 28, 2021, your unit will not be inspected.
If you are a Former Tenant, a Claim Form will be mailed to you on November 12, 2021 as you are entitled to receive a Voucher if you sign and return the Claim Form. The Claim Form must be postmarked by January 26, 2022 or otherwise deliver it to the Settlement Administrator postmarked or delivered no later than January 26, 2022 at Vu v. JD Home Rentals Settlement Administrator P.O Box 8060, San Rafael, CA 94912-8060. Settlement Vouchers will be mailed on or around February 25, 2022 to those who completed and returned the Claim Form.
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