Equity Residential $1M Mill Creek Apartments Settlement

Danielle Toth

Editor

Published

October 12, 2026 11:00 AM

Updated

October 12, 2026

Who are the class members?

Individuals must meet the following criteria:

They signed a lease with Equity Residential Management LLC, Equity Residential or EQR-Fresca 2009 Limited Partnership at Mill Creek Apartments (440 Dixon Landing Road, Milpitas, California).
They either:

Received or responded to a rent renewal notice between March 4, 2021 and June 22, 2026, OR
Experienced a rent increase that took effect between March 4, 2021, and May 2, 2023

The settlement administrator will use Equity’s records to identify eligible class members and determine each person’s estimated payment. The class size is estimated at 696 people.

There are three groups within the class:

Ordinance group: Includes all class members for the alleged failure to provide lawful notice under the Milpitas Rent Review Ordinance
Notice group: Includes those who received a rent renewal notice between March 4, 2023 and May 2, 2023, and either accepted the renewal or moved out
Restitution group: Includes those who received and/or responded to a rent renewal notice and had a corresponding rent increase between March 4, 2021, and June 22, 2026

Class members may qualify for one, two or all three groups, which will affect their payment amount.

How much can class members receive?

The total settlement fund is $1,000,000. The amount each class member receives depends on several factors, including the number of eligible class members, the type of notice or rent increase they experienced and deductions for attorneys’ fees, costs and administrative expenses.

The settlement administrator will allocate payments based on the following groups:

Ordinance group: All class members will receive a payment for Equity Residential Management's alleged failure to provide lawful notice under the Milpitas Rent Review Ordinance.
Notice group: This is an additional payment for those who received a rent renewal notice between March 4, 2023, and May 2, 2023 and either accepted the renewal or moved out.
Restitution group: This is an additional payment for those who received and/or responded to a rent renewal notice and had a corresponding rent increase between March 4, 2021, and June 22, 2026.

If funds remain after all payments and expenses, the settlement administrator will donate the remainder to the State Bar of California's Greg E. Knoll Justice Gap Fund.

No action needed to receive compensation

Class members do not need to file a claim to receive their settlement payment. The administrator will automatically send payments to the PayPal account associated with the email address on file. If a class member prefers to receive payment by Venmo or paper check, they can elect this option by logging in with their CPT ID and passcode on the settlement website. If a class member does not have their CPT ID or passcode, they can request it by emailing MillCreekApartmentSettlement@cptgroup.com.

If a class member wishes to opt out of the settlement, they must do so by Dec. 8, 2026. To opt out, they must send a signed written request for exclusion to the settlement administrator by mail or email.

Settlement administrator's mailing address: Kachadoorian v. Equity Residential Management LLC, et al., c/o CPT Group Inc., PO Box 19504, Irvine, CA 92623

Payout options

PayPal (default option using the email address on file)
Venmo (if elected)
Paper check (if elected)

If a class member does not claim an electronic payment within 60 days, the settlement administrator will attempt to send the payment via another method. It will then donate the unclaimed funds to a cy pres recipient approved by the court.

$1 million settlement fund breakdown

The $1,000,000 settlement fund will cover:

Settlement administration costs: Up to $25,000
Attorneys' fees: Up to $333,333
Attorneys' expenses: Up to $30,000
Service award to class representative: Up to $15,000
Payments to eligible class members: Remainder of the fund (estimated $626,667 or more, depending on actual costs and fees)

Important dates

Deadline to opt out: Dec. 8, 2026
Final fairness approval hearing: June 30, 2027

When is the Kachadoorian v. Equity Residential Management payout date?

The settlement administrator will issue payments after the court resolves any appeals and grants final approval of the settlement.

Why is there a class action settlement?

The class action lawsuit alleged Equity Residential Management LLC and related entities failed to comply with the Milpitas Rent Review Ordinance when proposing and increasing rent at Mill Creek Apartments. Specifically, the lawsuit claimed the company did not give tenants the required notices about their rights or explanations for rent increases over 5%.

Equity denies any wrongdoing but agreed to settle to avoid the expense and uncertainty of continued litigation. The settlement provides both monetary compensation and changes to business practices, including improved notice requirements for future rent increases.