DHKL Secures $2.9 Million Class Action Settlement Against Equity Residential for Unlawful Late Fees

August 14, 2025

On August 14, 2025, DHKL, along with co-counsel Nicholas & Tomasevic, LLP, and Community Legal Services in East Palo Alto, secured preliminary approval of a $2,934,620 class action settlement that requires landlord Equity Residential to restore the excess unlawful late fees it charged certain California tenants between October 29, 2022 and April 30, 2024.  The settlement in Van Cott v. Equity Residential arose out of the many years of hard-fought litigation by DHKL as Class Counsel in the still-pending Munguia-Brown v. Equity Residential, which has not settled and involves different tenants.  Under the Van Cott settlement, Equity will issue refunds amounting to all late rent fees paid by class members or provide account credits for unpaid late-fee charges, reduced only by Equity’s actual costs of collecting late rent as calculated by the trial expert in Munguia-Brown.  DHKL is proud to report that the settlement provides the full value of the restitution of late fees sought in the case.  Class Notice will be sent on September 12, 2025, and the Court will hold a final fairness hearing on January 9, 2026.