Welcome to the Official Website for the Equity Late Fees Class Action

Munguia-Brown, et al., v. Equity Residential, et al.

United States District Court, Northern District of California

Case No.  4:16-cv-01225-JSW-MEJ

Five current and former Equity Residential tenants in California have brought a class action lawsuit against Equity Residential and its subsidiaries (“Defendants”), arguing that Equity Residential’s late fee policy violates California law. The Court has ruled that the lawsuit can proceed as a “class action” on behalf of three “classes” of tenants. The Court has not yet decided whether Equity Residential did anything wrong, and Defendants contend their late fee policy complies with the law. There is no money available to you now, and no guarantee there will be. 

The “Standard Late Fee Monetary Relief Class,” consists of tenants who were charged a late fee described in the standard Equity Residential lease: “5% of the outstanding balance, or $50, whichever is greater” between September 3, 2010 and October 28, 2022.

The second class consists of tenants who had non-EQR leases 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.  These tenants were charged a flat $50 late fee.  This class is called the “Woodland Park Preexisting Lease Class.”

The third class seeks a court order that would prevent Equity Residential from charging a fee for late rent that violates California law.  This class consists of all current and future Equity Residential tenants in California who at any time prior to judgment in this action were charged and/or paid one or more late fee(s) under Equity Residential’s Standard Late Fee, and is called the “Injunctive Relief Class.”

Although the information in this website is intended to assist potential Class Members, it does not replace the information contained in the Notices located HERE. 

Your Options at this time:

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, you keep the possibility of getting money or benefits that may come from a trial or a settlement in this case.  But you may give up the right to bring your own independent lawsuit against Equity Residential seeking reimbursement for (or the return of) late fees you paid between September 3, 2010 and October 28, 2022.

ASK TO BE EXCLUDED FROM THIS CASE (REQUIRES ACTION BY FEBRUARY 2, 2018.AUGUST 20, 2018, FEBRUARY 15, 2019, JANUARY 28, 2023, MAY 26, 2023)

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 Equity Residential to challenge the late fees that Equity charged you for your late payment of rent and to seek reimbursement of those fees. If you do not want to participate in the Class Action, and you were sent a Notice on or after April 2023, then you must postmark your exclusion request letter by May 26, 2023 to Equity Residential Claims Administrator, P.O. Box 6150, Novato, CA 94948-6150.  An exclusion request letter must state that you want to be excluded from the Class in this case and include your name, address, telephone number, and signature. If you previously were sent a Notice prior to December 2022, the deadline to exclude yourself has passed.