Seeking Alpha

Bad Biz Finder's  Instablog

Bad Biz Finder
Send Message
CONSUMER ADVOCATE FORMS CLASS ACTION LAWSUIT AGAINST LANDLORD, UDR, ON BEHALF OF CA TENANTS: June 8, 2009 Bad Biz Finder, a Fremont, California-based consumer advocacy group founded in 1982, announced today the initiation of a Federal Class-Action Lawsuit against UDR, Inc. A class-action lawsuit... More
My company:
Bad Biz Finder Warns California Renters Against UDR Apartments
My blog:
Bad Biz Finder Forms Class Action Lawsuit Against UDR On Behalf on CA Renters
  • Consumer Advocate Forms Class Action Lawsuit Against UDR on Behalf of CA Renters 7 comments
    Jun 3, 2009 6:45 PM | about stocks: UDR

     

    Bad Biz Finder Forms Class Action Lawsuit Against Landlord, UDR, on Behalf of CA Tenants
    June 3, 2009 — badbizfinder |
     
    On behalf of California tenants past and present, Bad Biz Finder, a Fremont, California-based consumer advocate announced today that it is forming a federal class action law suit against UDR, Inc., a real estate investment trust (REIT) that owns, acquires, renovates, develops and manages apartment communities nationwide.
     
    The company was formed in 1972 as a Virginia corporation and in June of 2003 altered its state of incorporation to Maryland.  Defendant UDR’s subsidiaries include two operating partnerships, Heritage Communities, L.P., a Delaware Limited Partnership and United Dominion Realty, L.P., also a Delaware Limited Partnership. 
     
    UDR is a publicly-traded Maryland corporation (Corporate Number D07353964 formed on May 2, 2003) (NYSE:UDR) with its principal place of business and agent for service of process located at 300 East Lombard Street, Baltimore, Maryland, 21202.  UDR, Inc.’s corporate headquarters are located at 1745 Shea Center Drive, Suite 200, Highlands Ranch, Colorado, 80129. 
     
    Bad Biz Finder will facilitate Notice to UDR Shareholders of a pending class action lawsuit as required by the Securities & Exchange Commission.
     
    The preliminary causes of action will be UDR’s longstanding practice of:
     
    1.   &n... Illegal collection of early lease termination liquidated damage fees (amounting to 2.25 times base rent) motivating a higher than industry-standard eviction rate to facilitate a “double rent” revenue stream on vacated and quickly reletted apartments.
     
    2.   &n... Illegal withholding of security deposits via unconscionable and oppressive hidden fees and penalties not apparent, nor defined at the time of lease execution, nor within the standard of acceptable normal wear and tear as prescribed by law.
     
    3.   &n... Illegal and intentional misrepresentation, concealment and omission of proper legal name of “Landlord/Owner&... on Lease contracts and illegal and intentional misrepresentation, concealment and omission of proper agent for service of process of “Landlord/Owner&... in order to obtain and sustain a legal advantage over tenants resulting in a extremely low probability of tenant-based litigation.  This also amounts to a violation of the tenant’s civil right to expeditiously bring a grievance to a court of competent jurisdiction.
     
    4.   &n... Illegal profit-earning as a publicly-traded non-utility business via its Ratio Utility Billing System (RUBS) in violation of the Public Utilities Commission Act forbidding said profit.  UDR is liable for deferring common area property utilities, utilities to vacant units and units under repair to tenants without a logistical need with the motivation of defraying property costs to tenants.  In addition, UDR sustains another double revenue stream by not only charging its tenants to source the energy and water being supplied to the onsite public laundry rooms but by also charging them to use the coin-operated machines.  Finally, UDR’s Lease requires that tenants deem the RUBS formula as fair and equitable even though it is solely comprised of calculated variables outside the control and knowledge base of its tenants.
     
    5.   &n... Illegal deferral of liability via “hold harmless” clauses creating a “perception of justifiable negligence” in UDR’s failure to maintain habitable premises with regard to vector control, water quality, construction defects, as well as tenant and guest safety standards for security against unit and vehicle intrusion, sexual offenders, theft, and violence. 
     
    6.   &n... Illegal collection of late fees in excess of the standard of law which must be set at an annualized and noncompounded 10% interest rate.
     
    7.   &n... Illegal and intentional misrepresentation, concealment and omission of material facts in Lease agreements with the express purpose to defraud tenants in order to create a cause of action for unlawful detainer to perpetuate the collection of early lease termination liquidated damage fees.
     
    If you were or are a California tenant that has:
     
    1.   &n... Signed and paid rent under a UDR Lease that does not state on the face of the Lease, the legal fictitious business name of  “Landlord/Owner&... as set forth with the Secretary of State;
     
    OR
     
    2.   &n... Signed and paid upon a Lease that does not contain the name, address and telephone number of the person or company to which you should serve legal documents (known as “the agent for service of process”);
     
    OR
     
    3.   &n... Paid 2.25 times their rent to vacate their apartment prior to Lease termination under the following Lease clause:
     
    “Paragraph 37(a) Liquidated Damages for Landlord’s Lost Rent and Additional Reletting Costs.  In the event this Lease is terminated early due to Resident’s breach, Resident shall pay Landlord the sum of $_______ (which represents 2-1/4 times the monthly rent due hereunder) as liquidated damages to cover Landlord’s resulting lost rent and additional reletting costs.  In accordance with California Civil Code section 1671, Resident and Landlord agree that it is impractical and impossible to determine what Landlord’s actual lost rent and additional reletting costs will be if the Lease is terminated, because it cannot be predicted when during the Lease term resident may breach, what the rental market conditions will be at that time, and how long the Premises may stay vacant despite Landlord’s good faith efforts to relet the same.  Resident and Landlord agree that the sum above is fair and reasonable, regardless of when the Lease is terminated.  This limited liquidated damages sum covers Landlord’s lost rent and reletting costs ONLY.”
     
    OR
     
    4.   &n... Paid in excess of 1/3650th of their base rent for a late fee (divide their base rent by 3650 to come up with a daily rate and multiply it by 30).  For example, if their rent is $1,700, their daily rate would be $.47 per day or $14.10 for a 30-day period;
     
    OR
     
    5.   &n... Paid utilities under a RUBS utility calculation as follows: 
     
    “Total monthly utility cost for the community (minus an allowance for common area use if applicable [which is not applicable in the present case]) divided by the number of persons residing at the community times the number of persons residing in the Premises using the applicable ratio multiplier [1 person = 1; 2 persons = 1.6; 3 persons = 2.2; 4 persons = 2.6; 5 persons = 3; each additional person, add..4 to the multiplier.]”;
     
    OR
     
    6.   &n... Tenant or a guest of theirs was injured, harmed, or violated on Premises and UDR deflected the liability back to you by pointing to the “hold harmless” clause in their Lease;
     
    OR
     
    7.   &n... Tenant relied upon any of the above intentional misrepresentations, concealments, or omissions as true and correct statements of fact and were harmed as a result of their reliance ….
     
    Then tenant may qualify to participate in the Class Action Lawsuit.
     
    Please email us the following information:
     
    1.   &n... The exact dates of tenancy with UDR;
     
    2.   &n... The full names of all parties that signed the Lease as a tenant (as they were at the time the Lease was executed);
     
    3.   &n... The name, address and telephone number of the UDR property where tenant resided;
     
    4.   &n... Tenant’s current address, email and telephone number if no longer a UDR tenant;
     
    5.   &n... The name of the UDR agent that executed the Lease on behalf of UDR.
     
    Even though this is a California-based class action lawsuit, we will initiate the action in federal court for the following reasons:
     
    1.   &n... The amount in controversy will exceed $5,000,000;
     
    2.   &n... All members of the class to be certified will be citizens of a state different from the defendant, UDR.
     
    3.   &n... Even if we initiated the action in a California state court, UDR would more than likely fight to move it to a federal court
     
    Their Lease agreement is a “California Version 2007” Lease and California law controls.
     
    This case will be based on a common injury sustained as a result of the action taken by UDR pursuant to its policies that apply to all California tenants as set forth in you “CA Version” Lease. 
     
    Because of the fact that the issues are the same for all California tenants, there is a much better chance that they can overcome any objection by UDR to try the cases individually.
     
    Bad Biz Finder
     
    Stocks: UDR
Back To Bad Biz Finder's Instablog HomePage »

Instablogs are blogs which are instantly set up and networked within the Seeking Alpha community. Instablog posts are not selected, edited or screened by Seeking Alpha editors, in contrast to contributors' articles.

Comments (7)
Track new comments
  • User 919452
    , contributor
    Comments (3) | Send Message
     
    This is typical of udr and I am starting a law suite against los altos apartments in altamonte springs, florida for retalitation for a noise complaint to management. Management has turned all residents against me and management has retalitated by telling tenants that live in my building to harrasment me. I have MS and they took away my handicapped parking spot an gave it ta a udr employee.

     

    Due to this retalitation I cannot park near my appartment (at Least 100 yards away) because I don't want my new car trashed.

     

    Until my dying day I will fight these assholes for everything I have.

     

    It will cost them ten fold after I get done. Just a fucking promise.
    Fuck you UDR and burn in hell.
    22 Apr 2011, 10:23 PM Reply Like
  • User 919452
    , contributor
    Comments (3) | Send Message
     
    I am a hard working individual that doesn't need to be harrased by UDR and their corporate thugs. See ya in court asshole udr.
    22 Apr 2011, 10:28 PM Reply Like
  • User 919452
    , contributor
    Comments (3) | Send Message
     
    well said!!
    23 Apr 2011, 06:22 PM Reply Like
  • Brian234
    , contributor
    Comments (2) | Send Message
     
    : /
    28 Apr 2011, 03:36 PM Reply Like
  • Cal1021
    , contributor
    Comment (1) | Send Message
     
    I'm a recent UDR, tenant of the Antlers Apartment in Jacksonville,Fl last Nov, I felled when coming down some stairs and the railings gave way sending me to the ground, I suffered head injuries upper and lower back problems.
    14 Jan 2012, 05:12 AM Reply Like
  • Weiner80
    , contributor
    Comment (1) | Send Message
     
    We just moved out of MacAlpine Place Apartments in Dunedin,FL lived there for four years and turning the notice in they rude. Turned the keys in 10 minutes and they charged us $115. dollars and the final bill of moving out was around $2,000 charged new carpet in master BR and for acid washing the tiles going to fight it , we moved from an apartment there to a townhouse we kept telling them that air conditioner was not working right our electric bills were 2 and half times our next door neighbors this March 2010, and until fall of 2011 they finally put a new one in and promised to work something out on the high bills never happened the new manager there is not friendly at all and they were extremely rude when we moved out and turned the keys.
    14 Aug 2012, 05:12 AM Reply Like
  • Brian234
    , contributor
    Comments (2) | Send Message
     
    lol. you people all love jumping on the bandwagon. If you even knew 1% about how things work. Good luck with your frivolous lawsuits. Just one tidbit of advice, use the spell check button next time!
    11 Jun 2013, 04:39 PM Reply Like
Full index of posts »
Latest Followers
Posts by Themes
Instablogs are Seeking Alpha's free blogging platform customized for finance, with instant set up and exposure to millions of readers interested in the financial markets. Publish your own instablog in minutes.