A lawsuit on behalf of former Baltimore-area tenants towards house administration firm Westminster Administration established necessary protections towards extreme late charges. The 5 tenants on this case are represented by BGL legal professionals Andrew Freeman, Anisha Queen, and Jamie Strawbridge, together with co-counsel C. Matthew Hill of the Public Justice Middle and Chelsea Ortega and Jane Santoni of Santoni, Vocci & Ortega, LLC. The case was coated by each The Baltimore Banner and The Baltimore Solar.
“These had been working-class tenants who confronted the primary of the month, and their alternative was to feed their children or pay their hire on time; in that circumstance Maryland permits a landlord to cost a 5% late payment, however no extra,” Andy mentioned to The Baltimore Solar. “Westminster Administration, in addition to another huge landlords across the state, had been making an attempt to show their tenants’ hardship right into a revenue heart.”
The administration firm, co-owned by Jared Kushner, broke a state regulation that caps penalties for the late cost of hire at 5% of the month-to-month quantity. Along with the 5% late payment, Westminster was charging tenants “agent charges,” “summons charges,” and “courtroom charges” that had not been awarded by any courtroom.
Moreover, Westminster designated these charges as “hire” in an effort to misapply tenants’ funds first to the unlawful charges and non-rent expenses, so it may declare that hire was nonetheless due and procure a quicker eviction. Chief Justice Matthew J. Fader wrote for the courtroom that hire means “the fastened, periodic funds a tenant is obligated to pay to be used or occupancy of the leased premise” and rejected an argument from Westminster that the time period “encompasses no matter a written lease says it encompasses.”
The Supreme Courtroom dominated that Westminster couldn’t cost any extra charges after the 5% late payment, and that it couldn’t outline “hire” as all expenses due in an effort to allocate month-to-month funds to different expenses and declare that tenants are behind on their hire.
“It’s an necessary victory not only for Westminster’s tenants however for tenants all throughout the state,” Andy mentioned to The Baltimore Banner. “Lease means hire. It’s what most of us assume hire means.”
In a press release, Tenae Smith, one of many tenant-plaintiffs, mentioned the ruling will enable individuals “a good probability to catch up in the event that they fall behind” and end in “extra housing stability and assist for households.”
The lawsuit will now return to the Baltimore Circuit Courtroom to resolve whether or not it ought to proceed as a category motion lawsuit for all tenants who had been subjected to improper charges since September 2014.
Study extra in regards to the lawsuit right here.
ABOUT ANDY FREEMAN
A proficient trial lawyer, Andy is well-known and extremely regarded for acquiring justice by mastering the related regulation and attending to know his purchasers, their issues, and the proof of their instances. Different legal professionals convey him instances that current sophisticated combos of regulation and info or that require making new regulation. Andy has been a fellow of the American Faculty of Trial Attorneys since 2014. His many accolades embrace being acknowledged constantly by Chambers USA, Lawdragon, and Tremendous Attorneys. Andy was additionally chosen by his friends as Maryland Trial Lawyer of the 12 months. Study extra about Andy right here.
ABOUT ANISHA QUEEN
Anisha Queen joined Brown Goldstein & Levy in January 2019. Since becoming a member of the agency, she has represented purchasers in a big selection of civil issues. She has expertise representing purchasers in instances involving employment regulation, housing discrimination, incapacity rights, civil rights, wrongful convictions, Title IX, and contract disputes. She has additionally represented purchasers in legal issues, together with these involving second-degree assault, weapons possession, and wire fraud. Study extra about Anisha right here.
ABOUT JAMIE STRAWBRIDGE
Jamie Strawbridge has vital expertise representing tenants in housing-related instances. He has represented plaintiffs in lawsuits alleging sub-standard dwelling situations and housing discrimination; defended tenants in eviction proceedings; and fought to protect people’ housing-related advantages in administrative actions. Study extra about Jamie right here.
Based in 1982, Brown, Goldstein & Levy is a regulation agency primarily based in Baltimore, Maryland, with an workplace in Washington, D.C. The agency is nationally acknowledged in all kinds of observe areas, together with complicated civil and industrial litigation, civil rights, well being care, household regulation, and legal protection. Above all else, Brown, Goldstein & Levy is a client-centered regulation agency that brings many years of expertise and passionate, efficient advocacy to your struggle for justice.
