Marc Baller, et al. v. Brookfield Properties Multifamily, LLC, et al.

Superior Court of the State of California,
County of Alameda, Case No. RG20061383

If you are or were a tenant of a residential property in California owned or managed by Brookfield Properties Multifamily, LLC, Forest City Residential Management, LLC, or Uptown Housing Partners, LLC at any time from May 11, 2016, to May 11, 2020 and you were charged a late fee during that time, this class action lawsuit may affect your rights.

The Court authorized this Website.  This is not an advertisement. 
PLEASE READ THE NOTICE ENTIRELY.

A former Uptown Housing tenant in California has brought a class action lawsuit against Brookfield Properties Multifamily, LLC, Forest City Residential Management, LLC, Uptown Housing Partners, LLC and their subsidiaries (“Defendants”), arguing that Defendants' “6% of the monthly rent” late fee policy violates California law, specifically California Civil Code section 1671(d).

The Court has ruled that the lawsuit can proceed, for settlement purposes, as a “Class Action” on behalf of the following “Class” of tenants:

  • All of Defendants’ California residential tenants who at any time from May 11, 2016 to May 11, 2020 (the "Class Period"), were charged one or more late rent fees under Defendants' standard lease late fee provision (6% of the monthly rent) and paid said fees to any of Defendants.

The Court has not yet decided whether Defendants did anything wrong, and Defendants contend their late fee policy complies with the law. By doing nothing, you will get money from the Settlement in this case. However, your legal rights are affected, and you have two options at this point:

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
REMAIN PART OF THE CLASS (REQUIRES NO ACTION BY YOU AT THIS TIME)

Stay in this lawsuit. Keep right to recover money in this case. Give up right to bring your own case.
By doing nothing, if you are a Class Member, you will get money from the Settlement in this case. But you may give up the right to bring your own independent lawsuit against Defendants challenging its late fee policy.

ASK TO BE EXCLUDED FROM THIS CASE (REQUIRES ACTION BY AUGUST 15, 2022)
Exclude yourself from this lawsuit. Get no benefits from it. Keep the right to bring your own case.
If you ask to be excluded, you cannot recover any money through this case. But you will keep the right to bring your own case against Defendants challenging their late fee policy.
YOU MAY CHOOSE TO OBJECT (REQUIRES ACTION BY AUGUST 15, 2022)
You can object to this lawsuit either in writing or orally at the Fairness Hearing. 
Written objections must be submitted to the Settlement Administrator by mailing them to Baller v. Brookfield Properties, c/o Kroll Settlement Administration, PO  Box 225391, New York, NY 10150-5391. Written objections must be postmarked on or before August 15, 2022, to be considered timely. Oral objections can be made at the Fairness Hearing on October 4, 2022, at 3pm PT at the Alameda County Superior Court, Department 23, 1221 Oak Street, Oakland, California 94612.
PLEASE DO NOT CALL OR WRITE THE JUDGE OR CLERK OF THE COURT.
DIRECT ALL INQUIRIES TO CLASS COUNSEL OR AN ATTORNEY OF YOUR OWN CHOOSING.
This Website is authorized by the Court, supervised by Class Counsel, and designed and developed by Kroll Settlement Administration LLC, the Settlement Administrator approved by the Court. This is the only authorized Website for this case.

Call:
1-833-910-4492
Email:
Visit the Contact page
Mail:
Baller v. Brookfield Properties
c/o Kroll Settlement Administration
PO Box 225391
New York, NY 10150-5391

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Important Dates

  • Exclusion Deadline

    Monday, August 15, 2022 You must complete and mail your request for exclusion so that it is postmarked no later than Monday, August 15, 2022.
  • Objection Deadline

    Monday, August 15, 2022 You must mail your objection(s) and/or notice of intent to appear at the Fairness Hearing so that it/they are postmarked no later than Monday, August 15, 2022.
  • Fairness Hearing Date

    Tuesday, October 4, 2022 The Fairness Hearing is scheduled for Tuesday, October 4, 2022. Please check this Website for updates.

Important Documents

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