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Commonly Asked Questions


Can I join the class action?

Answer:

If you were a tenant or subtenant of Apts. Downtown or Apts. Near Campus for the lease terms 2010-11, 2011-12, 2012-13, or 2013-14 you are automatically a member of the class. The November 15, 2016 deadline for Registration and Claim filing has now passed.

How can I get my damaged or misplaced check replaced?

Answer:

If you have misplaced your settlement check or your settlement check is damaged, you may have your check reissued. Your reissue request must be received by March 21, 2017 in order for it to be reissued. Reissue requests received after this date will not be honored for any reason.

Please email your request to info@adisettlement.com or mail your request to: ADI Settlement Administrator, PO Box 2507, Faribault, MN 55021-9507. Be sure to include your name and address so your record can be verified.  Please include the damaged check, if possible.

The Settlement Administrator will review your record, verify that the original check has not been cashed, place a stop payment on the original check, and then reissue the check to you.  Replacement checks will be issued within 4-6 weeks after your request is received.

I have not received my Settlement check yet. What is the status of my payment?

Answer:

On February 10, 2017 the Settlement Administrator mailed checks to those claimants who submitted timely and valid claims.

If you are a Settlement Class Member and you have not received your check, you may request that your award be researched by writing to the ADI Settlement Administrator, PO Box 2507, Faribault, MN 55021-9507 or by emailing info@adisettlement.com.

What is the time frame to request a reissued check?

Answer:

If you need to request a check reissue for any reason, your request must be received by the Settlement Administrator no later than March 21, 2017. Please email your request to info@adisettlement.com or mail your request to: ADI Settlement Administrator, PO Box 2507, Faribault, MN 55021-9507.

I was a tenant of Michael's Properties, am I part of the class action?

Answer:

The class settlement does not apply to Michael's Properties because it is a separate corporation that was not part of the class action. However, under the settlement and an agreement in a related case, Migliore v. Apts. Downtown, current and future tenants of Apts. Downtown, Apts. Near Campus and Apts. Near Iowa, the successor of Michael's Properties can voluntarily be part of a complaint process. Under the complaint process tenants first seek to resolve their problem with the landlord, then if the problem is not resolved they can consult with the Tenants' Project and if their complaint is fair and valid, the landlord will pay for the Tenants' Project help resolve the complaint for the tenant. The target date for the implementation of the Complaint Process is July 1, 2016 and you can see more information regarding the Complaint Process here.

How much is the class payment?  How can I register for the class payment?  When will payment begin? How much time do I have to register for the class payment?

Answer:

Under the proposed settlement each tenant or subtenant of Apts Downtown and Apts Near Campus will receive $65 for each year they were a tenant or subtenant for the 4 annual lease terms covered. For example, if someone was a tenant for 2010-11 and 2011-12 they would receive two $65 payments for a total of $130. If you were a tenant at two different units in the same year or both a tenant and subtenant in the same year, only one yearly $65 payment would be made. Eligible class members must have registered and submitted a Claim for the proposed class payment by November 15, 2016. The deadline to Register and file a Claim has now passed.

Sixty-five dollars does not seem like a large enough settlement as Apts. Downtown deducted a much larger amount from my security deposit.

Answer:

In a class action, one or more plaintiffs represent a much larger class of people with an identical or very similar complaint. Here, since every tenant had the same standard lease, it is fair and efficient to determine whether Apts Downtown and Apts Near Campus' standard leases had lease provisions prohibited under the Iowa Landlord Tenant Act. The existence and appropriate damages for these allegedly illegal provisions are the only issues in this class action. The class award is intended to compensate tenants just for damages for allegedly illegal lease provisions because the facts and law are the same or similar for the entire class of tenants with the same lease.

Most security deposit deductions are made individually on a case by case. For example, deductions for cleaning in an individual unit, or for damage to an individual unit depend on the particular facts of that case and cannot be decided identically for all tenants. Tenants that had security deposit deductions other than for prohibited lease provisions are not bound by this settlement and their individual rights are not affected.

I was a tenant of Apts. Downtown or Apts. Near Campus for a lease term before 2010-11 or after 2013-14, why can't I get a class payment for these years?

Answer:

The lease that was found to be prohibited by the Court was only used by Apts. Downtown and Apts Near Campus for the lease terms 2010-11, 2011-12, 2012-13, or 2013-14. We do not have a ruling on the legality of the leases used by Apts. Downtown or Apts Near Campus before or after these years. However, under the settlement in a related case, Migliore v. Apts. Downtown future tenants of Apts. Downtown, Apts. Near Campus and Apts Near Iowa can voluntarily be part of a complaint process. Under the complaint process tenants first seek to resolve their problem with the landlord, then if the problem is not resolved they can consult with the Tenants' Project and if their complaint is fair and valid, the landlord will pay for the Tenants' Project to represent the tenant. The target date for the implementation of the Complaint Process is July 1, 2016 and you can see more information regarding the Complaint Process here.

Why $65 a year per tenant or subtenant?

Answer:

Investigation determined that the most widespread charge for an allegedly prohibited lease provision was for automatic carpet cleaning. Apts. Downtown's standard lease provided for a charge of from $95 for an efficiency unit to $225 for a 6+ bedroom unit. Sixty-five dollars was a compromise because the amount charged per person varies depending on the size of the unit, sometimes tenants left their carpets dirty beyond normal wear and tear and could be legitimately charged for carpet cleaning and a number of significant issues regarding prohibited lease provisions are currently on appeal.

Why do I have to provide all this information about when I was a tenant or subtenant, my apartment building or house address and unit information for an apartment building?

Answer:

Apts. Downtown does not have a comprehensive list of tenants organized by tenant name. In order to verify tenancy or subtenancy, individual leases must be consulted. In order to find an individual lease, tenants need to identify the year of tenancy, the mailing or street address of building and unit information, preferably the unit number. In addition, asking tenants for their building address and further unit information helps stop automated and other fraudulent claims.

I don't know if I was a tenant or subtenant of Apts Downtown or Apts Near Campus during 2010-11, 2011-12, 2012-13 or 2013-14 or I don't know what the address of the building or house I rented in.   Can't you just check a list of tenants and subtenants?

Answer:

Apts. Downtown indicates that it does not have a comprehensive list of tenants organized by tenant name. In order to verify tenancy or subtenancy, individual leases must be consulted. In order to find an individual lease, tenants need to identify the year of tenancy, the mailing or street address of building and unit information, preferably the unit number. In addition, asking tenants for their building address and further unit information helps stop automated and other fraudulent claims.

I don't want to be part of the class, how can I opt out of the class and the settlement?

Answer:

The deadline to opt out of the Class and Settlement was November 15, 2016. The opt out deadline has now passed. If you did not opt out by November 15, 2016, you are a member of the class you will be bound by the settlement even if you were not informed of the settlement.

Disclaimer

This site is not operated by the Court, Class Counsel, Defendant’s Counsel, or Defendant. This class action settlement is supervised by the Court and is administered by a claims administration firm that handles all aspects of settlement administration.

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