The Mercury News Weekend

Landlord accused of ‘fee-gouging’

New lawsuit claims Invitation Homes charges tenants unfair late penalties

- ByMarisa Kendall mkendall @bayareanew­sgroup.com

A corporate California landlord is under attack, facing a new lawsuit that claims the property owner charges tenants exorbitant, illegal fees that lead to unwarrante­d evictions.

Invitation Homes, which manages more than 12,600 properties in California — including in Antioch, Fairfield, Oakley, Roseville, Sacramento, Vacaville and Vallejo — charges tenants unfair late penalties that can add up to hundreds of dollars, according to the lawsuit filed in federal court in the Northern District of California. The suit claims that bad behavior is the symptom of a bigger problem— the takeover of the rental market by corporatio­ns that forced small mom-and-pop landlords out of the game.

“The residentia­l rental industry has recently un- dergone amassive transforma­tion and consolidat­ion out of the hands of small and family landlord businesses (who had direct ties to and relationsh­ips with their tenants), and into the large arms of private equity, hedge fund, and other Wall Street giants whose allegiance­s run solely to their investors, and whose motivation­s are driven purely by stock price and by showing and growing those allimporta­nt quarterly earnings,” San Diego-based attorney Alex Tomasevic wrote in the complaint filed Friday. “These changes have hurt consumers.”

Invitation­Homes spokeswoma­n Claire Parker declined to comment on the pending litigation, but said the company charges rents in line with local market rates, and boasts a customer satisfacti­on score of 4.3 out of five for its maintenanc­e services.

“Invitation Homes is

proud to provide high quality homes and outstandin­g service to our residents around the country,” she wrote in an emailed statement. “Our residents are police, firefighte­rs, teachers, veterans and other working individual­s and families who are seeking an affordable way to live in great houses near good schools and jobs.”

But Matthew Warren of the Law Foundation of Silicon Valley, a non-profit that provides legal help for tenants, says there’s no doubt corporate landlords contribute to the difficulti­es local renters face in affording housing. He sees case after case of corporate landlords increasing rents regularly and at high rates, thereby displacing residents — particular­ly renters of color.

“They’re in the game to make money,” Warren said, “so they’re going to be raising rents and forcing tenants out as much as they can.”

Friday’s lawsuit isn’t the first accusing a corporate landlord of taking advantage of tenants. Another suit proceeding through federal court inthe Northern-District of California accuses Equity Residentia­l, which owns or manages more than 25,000 rental units in California, of charging illegal late fees.

It all started about 10 years ago when the housing market crashed and private equity firms began snapping up foreclosed single-family homes for cheap. Corporatio­ns often don’t make good landlords, and are more likely to evict tenants, according to the Invitation Homes lawsuit. In the Atlanta area, for example, nearly one-third of Invitation Homes tenants received eviction notices in 2015, Tomasevic claims. They also are more likely to raise rents— with some tenants of corporate landlords facing increases of $1,000 permonth — and they often attempt to cut costs by refusing to do necessary and routine maintenanc­e, according to the lawsuit.

But Tomasevic’s main complaint against Invitation Homes has to do with its late fee policy. The company charges tenants $95 if rent payments are submitted as little as one hour late, and then stacks on additional fees if tenants carry even a small unpaid balance, according to the complaint.

Plaintiff Jose Rivera rented a single-family home in Los Angeles from the defendant until February. He claims he was forced to pay the $95 late fee multiple times, including once when the Invitation­Homes online payment portal was broken, forcing Rivera to mail in his rent. Invitation Homes then returned his rent check because he hadn’t included additional late fees, according to the lawsuit. The landlord threatened to evict Rivera, who ended up paying nearly $1,000 in late fees and other legal fees, the suit claims.

Those fees mean big bucks for Invitation Homes, according to the lawsuit. In a recent call with investors, a company representa­tive boasted a 22 percent increase in earnings due to its system of automatica­lly assessing late fees, the complaint claims.

The late fees are illegal because the amounts are not related to the damages Invitation Homes incurs when tenants pay their rent late, according to the lawsuit. The suit seeks a court order forcing Invitation Homes to refund late fees paid by tenants, and prohibitin­g the company fromchargi­ng further such fees. Contact Marisa Kendall at 408-920-5009.

 ?? SCREEN SHOT FROM THE INVITATION HOMESWEBSI­TE ?? Invitation Homes is facing a lawsuit that accuses the corporate landlord of charging tenants illegal late fees.
SCREEN SHOT FROM THE INVITATION HOMESWEBSI­TE Invitation Homes is facing a lawsuit that accuses the corporate landlord of charging tenants illegal late fees.

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