Following are additional questions that we received from tenants and answers from the class action settlement attorneys Norton and Safirstein:
14. The claim form includes a section after question 2 to identify which apartments (with space for up to 3 apartments) a tenant has lived in. In context, it appears that this section is supposed to be completed only if the class member answers “yes” to question 2 (“Did you reside at Gateway Plaza for any period of time since April 1, 2008”), which question is only to be answered if the class member answers “no” to question 1 (“Do you currently reside at Gateway Plaza?”) Does this mean that the apartment information after question 2 is only to be answered by former Gateway tenants, but not by current Gateway tenants?
Yes. Current tenants should not answer question 2.
15. It is not uncommon for Gateway tenants to move within the apartment complex over time. Assuming the answer to question 14, above, is that only former tenants provide the apartment information in the space after question 2 on the claim form, how would a current tenant indicate his/her/their residency since 2008 in an apartment other than the tenant’s current apartment? Should a current tenant who has lived in other apartments at Gateway since 2008 fill out a separate claim form for each apartment?
No. We have the information readily available for tenants regardless of the time they have been residents or the units occupied. The detail required by question 2 is merely for additional verification purposes for former tenants.
16. There are a number of Gateway tenants who have combined apartments, the most common combination being adjacent studio and 2-bedroom apartments, combined to create a 3-bedroom apartment. These tenants have a separate lease for each apartment, which remains separately numbered/lettered, e.g., an A-line and B-line combined apartment. Where a class member resides in more than one apartment, does the class member need to fill out a claim form for each apartment? (Note that such tenants have paid separate rent for each apartment.) Alternatively, should such a class member put both apartment numbers in the address section of the claim form?
Thank you for flagging this issue. We will identify all tenants this applies to and make sure the double lease/rent is accounted for. That said, if more than one lease applies to a combined unit, it would probably help with the administration process if those tenants indicated as much on a single claim form.
17. The settlement agreement defines “Class Member” as “all persons who . . . reside at Gateway Plaza . . .” as well as certain former residents. Many residents of Gateway include dependents, roommates or family members of lease-signing tenants. Such dependents, roommates or family members, although residents of Gateway, often have not themselves executed a lease. Should such non-lease-signing residents also fill out a claim form?
No. Only tenants appearing on a lease should submit a claim form. There is only one amount calculated per unit based on the total rent. If roommates who appear on the lease each submit claim forms, the allocation will be split evenly among them.