Tenants Project

05/20/2017

Ok, folks we just got the rulings in two cases from the Iowa Supreme Court, Kline v Southgate and Walton v Gaffey. It was definitely a case of win some, lose some. We did get a very good ruling on the right of tenants to have a legal lease, but we lost on the issue of requiring actual damages versus allowing the landlord to have set charges in the lease. I'm going to do a more definitive write up on the Tenants Project website on the details.

05/08/2017

Folks, I just wanted to mention that I have officially changed the name of this page to the Tenants' Project! We're expecting decisions from the Iowa Supreme Court soon that should mark the end of our large scale litigation. After 6.5 years, the Tenants' Project has had some major accomplishments, all you have to do is look at leases in Johnson County and across the state which used to be riddled with illegal clauses that are now, for the most part, legal. Along with legal victories, the more important achievement is to change how both landlords and tenants think and act, to try to get everyone to work together and treat each other fairly.

Moving forward the Tenants' Project is going to focus on assisting individual tenants and landlords and education. I'm particularly excited about the possibilities of the DIY Law School, teaching people how to "do it yourself" and represent themselves in small claims court. This is true empowerment!

I want to thank all everyone for all their support, particularly the plaintiffs in our cases. Thanks to you, we just don't need to do much more major litigation!

10/22/2016

I wanted to make some comments about the oral argument in Kline v Southgate on Wednesday October 19th. Here is a link to the briefs http://www.ictenantsclassaction.com/litigation.html

At issue was whether or not Staley v Barkalow should be overruled and tenants would lose the right to a legal lease, ie landlords could include illegal provisions in their leases so long as they were not enforced. Also whether or not landlords have to charge actual damages.

First, the Court seemed fairly strongly in favor of the idea of requiring legal leases and that a current tenant was entitled to get a declaratory judgment as to whether a lease was legal regardless of enforcement. Presumably if the provision is illegal, the landlord would be enjoined from enforcing it.

The Court seemed split on the question of whether or not a tenant first had to have actual damages before punitive damages could be imposed. My sense is that the Court may insist that a tenant have actual damage before punitive damages could be imposed. However, it is possible to cause tenants damage without enforcing a provision, for example if a tenant goes out and pays for carpet cleaning because the lease requires it even if this is an illegal clause. Wiggins, who is a more liberal justice, appeared to support Staley v Barkalow.

It was harder to gauge the Court's opinion on liquidated damages. Justice Mansfield who is a more conservative justice seemed to think that liquidated damages should be allowed for the convenience of landlords. This issue could go either way.

I told the Court that we could live with no punitive damages without actual damages so long as we could still do declaratory judgment and get rulings on the legality of provisions. Punitive damages have upset landlords and gotten in the way of the main purpose of the Tenants' Project which is getting clear rulings on the legality of provisions and cleaning up leases.

We probably won't have a decision for about 4-6 months.

Iowa Tenants' Project Cases and Decisions in the Iowa Supreme Court, Iowa Court of Appeals and Johnson County District Court

10/17/2016

I have oral argument in the Iowa Supreme Court on Wednesday October 19, 2016 in Kline v. Southgate There are two cases scheduled at 9am. Chances are we will be up second, so either at 9am or around 9:30 am or so. The arguments are live streaming on the Iowa Courts Youtube channel
https://www.youtube.com/channel/UCL6EU7W8kqDKnKPUzMdxr_g

There's some very rights at stake in this case for tenants. First, the landlord is trying to overrule the right to a legal lease, a lease free from illegal provisions. If they win on this issue landlords can knowingly include illegal provisions in their leases and mislead and intimidate their tenants without any consequences.

Also at issue are liquidated (set fees) versus actual damages. We think that both landlords and tenants can only get actual damages. Otherwise landlords either fine or penalize their tenants or overcharge them.

Big case!

The Iowa Judicial Branch dedicates itself to providing independent and accessible forums for the fair and prompt resolution of disputes, administering justic...

10/13/2016

Guest Editorial in Press Citizen Vote to retain all Iowa judges!

http://www.press-citizen.com/story/opinion/contributors/guest-editorials/2016/10/12/election-has-more-than-presidency-stake/91948086/

Iowans have another key decision to make this fall: should our judges stay independent?

08/17/2016

Ok, folks! Today Judge Thornhill of the Johnson County District Court approved the final settlement and consent decree in Staley v. Barkalow. This means that all tenants of TSB Holdings and Big Ten Property Management for 2010-11 and 2011-12 are eligible for a $65 class award for each year they were a tenant, so up to $130 if you a tenant both years. The deadline to register is December 15, 2016!

Here is a link to the Tenants' Project website Staley v Barkalow settlement webpage
http://www.ictenantsclassaction.com/barkalow.html

You can register for the class award and get further info there!

07/25/2016

News Stories on Apts Downtown class action settlement and New Complaint Process!

http://www.press-citizen.com/story/news/local/2016/07/25/iowa-city-apartments-downtown-tenants-class-action-settlement/87539516/

http://www.thegazette.com/subject/news/business/settlement-reached-in-iowa-city-apartments-downtown-class-action-suit-20160725

07/25/2016

Apts Downtown Settlement Approved!
Complaint Process Launched!

Judge Chad Kepros gave final approval to the settlement reached in the class action against Apartments Downtown, Iowa City's largest landlord. Up to 14,000 tenants and subtenants of Apartments Downtown and Apartments Near Campus from 2010 to 2014 are now eligible to receive a $65 payment for each year of the tenancy. Along with the class action settlement Apts Downtown and the Tenants Project simultaneously launched their new joint Tenant Complaint Process.

"While the class action settlement is great, I am even more excited about the Complaint Process," says attorney Christopher Warnock of the Tenants Project, who represented students tenants in the class action, "We see this as a new partnership between landlords and tenants."

Under the Complaint Process if current and future tenants of Apts Downtown, Apts Near Campus and Apts at Iowa have a problem they first contact the landlord who has 10 business days to resolve the complaint. If the complaint is not resolved the tenants can contact the Tenants' Project who will assist them in first informally resolving the problem and if necessary represent them in court, paid for by the landlord.

"So far as we know, the Complaint Process is unique" said Warnock, "It levels the playing field for tenants and provides practical way to reach fair and equitable results for both landlords and tenants." A spokesman for Apartments Downtown stated "Apartments Downtown is aiming to create a better rental culture, really appreciates their past, present and future tenants and wants Iowa City to be a renter friendly community,"

Former tenants can find out more about the settlement and register at the class action website, https://adisettlement.com/

Current and future Apts Downtown, Apts Near Campus and Apts at Iowa tenants can learn about the complaint process at the Tenants Project website
http://www.ictenantsclassaction.com/complaintprocess.html

07/18/2016

Staley v Barkalow Settlement Notice!!!!! Share this with Big Ten Property Management Tenants for 2010-11 and 2011-12. Don't miss out on your settlement award!!!

You can see a longer explanation and the complete settlement and other information at ictenantsclassaction.com/barkalow.html This settlement will not take effect and no payments will be made without court approval. The court will hold a fairness hearing at the Johnson County Courthouse on August 17, 2016 at 10am to decide whether to approve the settlement.

If you were a tenant of Big Ten Property Management or TSB Holdings in Iowa City, Iowa for the 2010-11 or 2011-12 lease terms you are automatically part of the class; there is no way to join the class action. Under the proposed settlement class members would receive $65 for each annual lease term they were tenants. These payments are intended to compensate tenants for possible prohibited provisions in their leases, the proposed settlement does not include other charges, like security deposit deductions for cleaning or damage, made on an individual basis. If the class settlement is approved all class members, whether they receive notification or not, will be bound by the settlement and may not make individual claims for damage due to prohibited lease provisions. Class members can register to begin the payment process at adisettlement.com. Payments will be made only after verification of eligibility and identity and if the court approves the settlement. Class members may also opt out of the class payment and exclude themselves from the class at ictenantsclassaction.com/barkalow.html

You can ask the Court to deny approval of the settlement by filing an objection. You can’t ask the Court to order a larger settlement; the Court can only approve or deny the settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. You can object by sending a Notice of Objections and/or appear at the fairness hearing by sending a Notice of Intention to Appear at ictenantsclassaction.com/barkalow.html

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.

For further information see ictenantsclassaction.com/barkalow.html

Information on the Class Action against TSB Holdings and Big Ten Property Management.

05/06/2016

BIG VICTORY!!!! We just got the decisions today in DeStefano v. Apts Downtown and Caruso v. Apts Downtown, where the Iowa Supreme Court struck down automatic carpet cleaning and also refused to let landlords charge tenants for health and safety repairs.

Here are the decisions!
http://www.ictenantsclassaction.com/DeStefanoDecision.pdf
http://www.ictenantsclassaction.com/CarusoDecision.pdf

04/18/2016

Barkalow Class Action Set for Trial May 3rd!

http://www.thegazette.com/subject/news/public-safety/johnson-county/big-ten-property-management-lawsuit-in-iowa-city-goes-to-court-in-may-20160418

http://www.press-citizen.com/story/news/local/2016/04/18/tenants-project-class-action-set-may-trial/83195508/

IOWA CITY - A class-action lawsuit against Iowa City Realtor Tracy Barkalow and Big Ten Property Management will go to trial next month.