Terry v. Wasatch Advantage Group Frequently Asked Questions (Injunctive)

  • There is a proposed settlement of a class action lawsuit brought by Section 8 tenants who paid or may have to pay additional service charges at Wasatch properties in California.
  • The settlement changes Wasatch’s policies on additional service charges for Section 8 tenants.  Additional service charges must be optional, can be cancelled any time, and generally cannot be a reason for eviction or a pay or quit notice.
  • You will be given a new choice whether or not to enroll in additional services.
  • You can learn more about the case and the settlement on this website.

Deadline to object: January 21, 2025
Settlement approval hearing: January 23, 2025

The Court will hold a hearing about whether to approve the settlement.

 

The hearing will be on January 23, 2025 at 10:00 a.m. at:

Robert T. Matsui United States Courthouse

Courtroom 3, 15th Floor

501 I Street, Sacramento, CA 95814

The scheduled hearing date could change. You can check the date on this website. You can attend the hearing. You can also ask the Court for permission to speak and express your opinion about the settlement. You can also hire your own lawyer at your own expense.

This lawsuit is about whether Wasatch’s policies requiring Section 8 tenants at its California properties to pay for “additional services” beyond the allowed rent amount violated federal and California laws. Examples of additional services are in-unit washers & dryers, parking, storage space, media packages, and renter’s insurance.

Wasatch and the other Defendants deny that they did anything wrong.

A class action settlement is an agreement between the parties to resolve the case. Settlements can provide money to class members and changes to practices that caused harm. 

In July 2024, the parties agreed to a settlement to end the lawsuit. Both sides want to avoid the risk, delay, and expense of more litigation.

Wasatch will make changes to its additional services policies at California properties by
September 25, 2024.

Because a class action decides the rights of all class members, the Court must approve the settlement. If the Court does not approve the settlement, the settlement will not happen and the lawsuit will continue.

The Court will hold a hearing about whether to approve the settlement.

 

The hearing will be on January 23, 2025 at 10:00 a.m. at:

Robert T. Matsui United States Courthouse

Courtroom 3, 15th Floor

501 I Street, Sacramento, CA 95814

The scheduled hearing date could change. You can check the date on this website. You can attend the hearing. You can also ask the Court for permission to speak and express your opinion about the settlement. You can also hire your own lawyer at your own expense.

You can get a complete copy of the proposed settlement and other key documents in this lawsuit on this website.

The settlement requires Wasatch to inform current Section 8 tenants at its California properties that additional services (such as parking, media packages, renters’ insurance, and in-unit washers & dryers) are optional, are not part of the rent, and cannot be required to rent an apartment. Wasatch must give Section 8 tenants a new choice upon renewal whether or not to enroll in additional services, and tenants can cancel them at any time. All payments will be applied first towards rent, then to additional service fees. Wasatch cannot evict Section 8 tenants for unpaid additional services fees. However, Wasatch can use other legal remedies to collect unpaid fees for additional services that tenants enroll in and refuse to give up.

Defendants will pay $5 million into a settlement fund. This money will be used to reimburse class members who paid additional service fees to Wasatch between May 1, 2011, and November 30, 2022, plus interest.

According to Wasatch’s records, you did not pay additional service fees during this time period and will not receive money from the settlement.  You can call 1-833-419-3493 if you believe you paid additional fees and should be reimbursed under the settlement.

In a class action, the court appoints lawyers to represent the interests of all the class members. For this case, the Court appointed the following lawyers:

 

Laura L. Ho, Esq.

Anne Bellows, Esq.

Stephanie Tilden, Esq.

GOLDSTEIN, BORGEN, DARDARIAN & HO

155 Grand Avenue, Suite 900

Oakland, CA 94612

(888) 316-8870

[email protected]

Lindsay Nako, Esq.

Lori Rifkin, Esq.

Fawn Rajbhandari-Korr, Esq.

Meredith Dixon, Esq.

IMPACT FUND

2080 Addison Street, Suite 5

Berkeley, CA 94704

(510) 845-3473

Andrew Wolff, Esq.

LAW OFFICES OF ANDREW WOLFF, PC

1615 Broadway, 4th Floor

Oakland, CA 94612

Jesse Newmark, Esq.

CENTRO LEGAL DE LA RAZA

3400 E. 12th Street

Oakland, CA 94601

(510) 437-1863

You can also hire your own lawyer at your own expense.

So far, your lawyers have not been paid any money for their work or expenses. Lawyers’ fees and costs will be paid as part of the settlement. You do not have to pay anything to the lawyers.

The settlement allows the Court to approve a payment to the lawyers of up to $4.5 million.  This is called “attorneys’ fees and costs,” and it pays the lawyers for their work and expenses they paid.

If you disagree with any part of the settlement, you can object. You must say why you think the Court should not approve the settlement and whether your objection applies to just you, a part of the class, or the entire class. The Court will consider this when it decides whether to approve or reject the entire settlement. The Court cannot change the settlement. You can, but don’t have to, hire a lawyer to help you with an objection.

To object, you must mail or email your objection by January 21, 2025 to:

Terry v. Wasatch Advantage Group Settlement Administrator

P.O. Box 301132

Los Angeles, CA 90030-1132

[email protected]

 

 

 

 

 

Your written objection must include:

(1)   the case name and number;

(2)  your full name and all other names used while living at Wasatch properties;

(3)  your address, phone number, and email address (if you have one);

(4)  the reasons why you think the settlement should not be approved;

(5)  whether either you or your lawyer intend to appear at the settlement approval hearing and your lawyer's name; and

(6)  your signature (handwritten or typed).

  • Case documents can be found here.
  • If you believe you may be eligible for reimbursement of additional service fees, call the Settlement Administrator at: 1-833-419-3493
  • You are welcome to contact the Settlement Administrator or attorneys listed above with any questions. Please do not contact the Court.
  • Para asistencia en español, por favor llame 1-833-419-3493 o haga clic aquí.