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Case ID: 4930 | Family | 10/12/2006
A class-action lawsuit was filed on behalf of a tenant of Villas Parkmerced, San Francisco's largest apartment development with 3,456 units.
The suit alleges that the operator of the 115-acre, 13-tower development “routinely imposes rent increases that violate San Francisco’s Rent Control Ordinance” and asks for tenants’ rents to be restored to their legal maximums and for restitution of all monies unlawfully obtained. Attorneys for the current owner of the property claim that their client is not engaging in any illegal activity and that Parkmerced's incentive program is under review by the Rent Control Board. San Francisco’s Rent Control Ordinance allows a landlord to raise the rent on a unit to market rate after the unit is vacated. Once this new rent is set, however, the rent is again controlled during this tenant's occupancy, allowing the owner to raise rents based on 60% of the CPI, with a maximum annual increase of 7%. The complaint alleges that Villas Parkmerced management uses rebate coupons “to obscure the true base rent charged tenants upon initial occupancy.” An example in the filing states that “when tenants agree to rent a unit for $1325 per month, the rental agreement states a monthly rent of $1675 per month subject to an addendum that issues coupons that deduct $350 per month. At the end of the lease term, however, the rent is raised by the amount allowed by the Rent Control Ordinance (which was 1.7% in 2006) based on the $1675 ostensible base rent (as opposed to the $1375 actual base rent) and without the issuance of corresponding rebate coupons,” which in this example results in an actual rent increase of 28%. “I don’t think you can contract around rent control like that,” the lawyer behind the lawsuit, “I believe if you look at the definition of rent and rent increases in the ordinances you will see that if one uses the plain meaning of the language, I win" says the lawyer that filed the lawsuit. The owner of Parkmerced, a joint venture of New York City-based Stellar Management and Rockpoint Group, a Boston-based investment and management firm, inherited the rebate coupon incentive practice when it acquired the development one year ago from a joint venture of locally based Carmel Partners and JP Morgan of Boston for a price believed to be approximately $650 million. Alliance Residential is the property manager. The lawsuit seeks to represent residents of Villas Parkmerced Apartments located in San Francisco. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Family Cases of Interest The class has been certified in an action filed against O'Neal, Jones & Feldman Pharmaceuticals, and Carter-Glogau Laboratories on behalf of all persons who received injections of E-Ferol, a vitamin E supplement later to be found toxic. Persons eligible to take part in the action should contact the attorneys for the class for more information. In an attempt to assure that all children have equal opportunities for education, federal and state laws often exempt indigent school children from having to pay certain fees. A class action has been filed against Harlem Consolidated School District #122 in Machesney Park, Illinois, on behalf of parents and guardians of children who attend the school, and who have paid school fees that they shouldn't have, alleging that they were not properly notified that their income status would have exempted them from having to pay the fees.
A lawsuit filed in Boone County Circuit Court claims that former oncologist James Hueser and 22 physicians shortchanged patients by administering diluted or tainted chemotherapy drugs and charging full price. The former oncologist recently surrendered his license and paid a $1 million fine stemming from accusations of Medicare fraud. The lawsuit seeks class action status and was filed on behalf of Ron Merchant. Hueser treated Merchant's wife, Artie Jean Merchant, who died in 2003 of non-Hodgkin's lymphoma, said an attorney handling the case. More than 9,000 people who received shots to ward off hepatitis A after an outbreak at a Chi-Chi's restaurant can make a claim in an $800,000 class-action settlement.
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9,489 people who got immune globulin shots from the Pennsylvania Department
of Health after the outbreak was publicized in early November 2003. Kahn Gauthier Swick is investigating claims that the St. Jude Symmetry Bypass Aortic Connector has been associated with a high occurrence of heart attacks, respiratory failure, and has been linked several deaths. The adverse effects associated with the St. Jude Symmetry Aortic Connector include graft narrowing, valve leakage, failed deployment, and occlusion. If you or a loved one has received a St. Jude Symmetry Aortic Connector, please contact Kahn Gauthier for more information. Ten high school students from the state of California filed a class action lawsuit against the state over the high school exit exam. The lawsuit could turn around the fate of an estimated 100,000 students from the class of 2006 who may not graduate this June because of failing the standardized test, required for a diploma starting this year. |
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