IF YOU RESIDED IN A RENT-CONTROLLED APARTMENT MANAGED BY TRINITY MANAGEMENT SERVICES AND PAID TRINITY FOR WATER AND TRASH, YOU MAY BE ELIGIBLE FOR A PAYMENT FROM A CLASS ACTION SETTLEMENT.
What is the Lawsuit About?
In this lawsuit, Plaintiffs allege, among other things, that Trinity violated the law by using a “Utility Invoicing and Allocation Addendum” to its lease agreements to charge rent-controlled tenants for water, sewer, trash, and recycling services (referred to as “Allocated Utility Charges”). Plaintiffs allege that these allocations caused each tenant’s total rent amount to exceed the maximum amount of rent which the Rent Ordinance allows. Plaintiffs also allege that Trinity improperly failed to pass on refunds it collected from utility providers (including Recology) to its rent-controlled tenants.
The causes of action asserted in the First Amended Complaint are for: (1) violations of California Business and Professions Code section 17200, (2) violations of the San Francisco Rent Ordinance (known formally as San Francisco Administrative Code, chapter 37), and (3) breach of contract. The First Amended Complaint contains all of the allegations and claims asserted against Trinity and can be obtained from the Court Documents page of this website, or by requesting a copy from Claims Administrator.
Trinity denies the allegations asserted in the Lawsuit and it denies any wrongdoing or liability whatsoever. The proposed Settlement is not an admission of guilt or any wrongdoing by Trinity.
Who is included in the Settlement?
The Class includes all individuals who, at any time between November 3, 2014, and March 12, 2020:
1. Rented or leased any residential property located in San Francisco that, at any time during his or her tenancy, was: (1) owned, managed, operated, or maintained by Defendant Trinity Management Services, and (2) subject to the San Francisco Residential Rent Stabilization and Arbitration Ordinance, codified at Chapter 37 of the San Francisco Administrative Code, and
2. Paid Defendant Trinity Management Services and/or its agents for trash, recycling, water, or sewer services; and
3. Where such payments were based on calculations based on the Utility Invoicing and Allocation Addendum attached to and incorporated into the Tenant’s Lease at said property.
The Class does not include any Judge who oversees this case or any of his or her immediate family members.
Class membership is subject to validation and will be determined by the Claims Administrator based on whether Trinity has a record of the Class Member meeting the criteria stated above, or if the Class Member can show evidence establishing that they meet the criteria above.
If you received notice of this Settlement via e-mail or postcard from the Claims Administrator, this indicates that Trinity has a record that a tenancy is associated with your email or physical address. You may contact the Claims Administrator if you have any questions as to whether you are in the Class.
SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
DO NOTHING
If you are a Class Member and you do not do anything, you will continue to be a part of the Class and, if this Settlement is approved, you will release the claims described below against the Released Parties. You do not need to do anything to be eligible for compensation. If you do nothing, you will be sent the compensation to which you are entitled under the settlement, and you may still object to the Settlement. Even though you are not required to do anything to be sent a settlement payment, you are strongly encouraged to update your mailing address with the Claims Administrator to ensure your settlement payment is mailed to your correct address.
EXCLUDE YOURSELF FROM THE SETTLEMENT
You can exclude yourself from the Settlement by notifying the Claims Administrator of your desire to exclude yourself from this Settlement. To exclude yourself from this Settlement, you must submit an Opt-Out Form or a letter or postcard requesting exclusion. You must do so by June 20, 2023.
If you decide to exclude yourself from the Settlement, you will receive no benefit from the Settlement. This option allows you to retain your right to bring another lawsuit against Trinity about the claims in this case, but you give up the right to get an award under the Settlement. If you exclude yourself from the Settlement, you also give up your right to object to the Settlement. That means if you exclude yourself from the Settlement and file an objection, your objection will not be considered because you will no longer be part of the Settlement Class.
See FAQ 15-17 for more information about excluding yourself from the settlement.
OBJECT
If you do not exclude yourself from the settlement, you may object to the terms of the Settlement by submitting an objection to the Claims Administrator. The Claims Administrator will file any objections with the Court for its review in advance of the final approval hearing. If you wish to file a written objection, you must do so by June 20, 2023.
See FAQ 21-22 for more information about objecting to the settlement.
GO TO A HEARING
If you do not exclude yourself from the Settlement, you may ask to speak in Court about the fairness of the Settlement and any objections you may have at the final approval hearing. Class Members do not need to file an objection to state an objection at the hearing. The hearing is open to the public and any Class Member may attend, although they are not required to do so.
The Final Fairness Hearing on this case is set to take place on July 20, 2023 at 10:00 a.m. in Courtroom 613, San Francisco Superior Court, 400 McAllister St., San Francisco, California.
See FAQ 23-24 for more information about the fairness hearing.