If you are a member of the Class and you file a valid and timely claim, you are eligible to receive payment of up to $5,000.00. The amount of the payment that you receive will depend on how many eligible claims are filed and approved. Payment of Settlement Benefits will be based on two available pools of settlement funds.
The Settlement Fund: The Defendants will pay $200,000.00 to fund the Settlement Fund. If you submit a valid and timely claim to the Claim Administrator, you will receive a pro rata amount of this Settlement Fund, with a maximum payment amount of $4,000.00.
The Substantiated Claim Pool: The Defendants will also make available an additional $300,000.00 to members of the Class who can substantiate their claim by sending with their valid and timely claim, evidence of a written complaint (which shall include, without limitation, letters, e-mails, text messages, online messages, or other written correspondence) made to Equity about a heat or hot water issue during the period of August 12, 2012 through April 24, 2014. If you can provide this documentation with your claim, you shall also be entitled to a pro rata amount of the Substantiated Claim Pool, with a maximum payment amount of $1,000.00. This payment shall be in addition to any payment you receive from the Settlement Fund.
Unlike the Settlement Fund, the Substantiated Claim Pool is not a fund that will be automatically deposited with the Claim Administrator in advance of any claims being made. Instead, the Substantiated Claim Pool constitutes a commitment by Defendants, as a Settlement benefit, to pay timely and valid claims by Class Members who can substantiate their claims (as described in the preceding paragraph), up to a total maximum payout of $300,000.00 for all Substantiated Claims and up to a maximum payment of $1,000.00 per affected unit for each Substantiated Claim. Defendants’ total payment for the Substantiated Claim Pool is limited by the total value of all valid and timely Substantiated Claims submitted. So, for example, if no Substantiated Claims are submitted by Class Members, then Defendants will not be required to pay out any portion of the $300,000.00 they have agreed to make available. If there are 100 Substantiated Claims submitted, which (with the $1,000.00 per claim maximum) would have a maximum collective value of $100,000.00, then Defendants would not be required to pay more than $100,000.00 in total for the Substantiated Claims. If there are 300 or more Substantiated Claims submitted, then Defendants would be required to pay the entire $300,000.00.
ASSISTANCE IS AVAILABLE: If you believe that you have made a written complaint to Equity about heat or hot water issues, as described above, but you do not have any evidence of your complaint to submit with your claim, you can contact Class Counsel, who will check their records (which includes records made available by Defendants). Class Counsel will let you know if they were able to find any complaints for submission with your Proof of Claim within 10 days of your request. If Class Counsel can locate a written complaint you made to Defendants, that evidence will be provided to you, which you can then submit with your Proof of Claim. IT IS STILL YOUR RESPONSIBILITY TO TIMELY SUBMIT THE EVIDENCE WITH YOUR PROOF OF CLAIM IN ORDER TO RECEIVE PAYMENT FROM THE SUBSTANTIATED CLAIM POOL. It is important to note, however, that even if you seek such assistance from Class Counsel in documenting your written complaint about heat or hot water issues, your Proof of Claim must still be submitted by the Claim Period deadline, which is November 14, 2019.
FOR ASSISTANCE PLEASE CONTACT CLASS COUNSEL: For assistance finding evidence of your written complaint, you can reach attorney Joshua N. Garick, Esq. at (617) 600-7520 or Joshua@GarickLaw.com, or you can reach attorney David Pastor, Esq. at (617) 742-9700 or email@example.com. PLEASE CONTACT CLASS COUNSEL NO LATER THAN NOVEMBER 4, 2019 at 3:30 PM EST. While Class Counsel will make every effort to locate evidence for you, Class Counsel cannot guarantee that a request submitted after this deadline will be honored in a timely manner.
All payments from the Settlement Fund and from the Substantiated Claim Pool shall be distributed on a pro rata per unit basis. This means that if you had co-tenant(s) living with you, the pro rata amount you will receive will be divided among you and each of your co-tenants who also submits a valid and timely claim.