NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
Phoebe Flemming v. Greystar Management Services, L.P., Civil Action No. 16H84CV001026, pending in the Eastern Housing Court, Suffolk County, Massachusetts
If you currently rent or previously rented a residential unit in Massachusetts managed by Greystar Management Services, L.P. k/n/a Greystar Management Services, LLC between December 16, 2012 to the present, a proposed Class Action Settlement may affect your rights.
For a full list of properties involved in the Class Action Settlement, please refer to the attached document entitled “Greystar Property List.”
This is a Court-authorized notice of a proposed class action settlement. This is not a solicitation from a lawyer. You have NOT been sued.
You may be entitled to receive a payment under a class action settlement.
Please read this Notice carefully.
Your legal rights may be affected – Even if you do nothing.
This Notice describes a proposed settlement (the “Settlement”) of the class action lawsuit entitled Phoebe Flemming v. Greystar Management Services, L.P., Civil Action No. 16H84CV001026, pending in the Eastern Housing Court, Suffolk County, Massachusetts (the “Litigation”). This Notice is being sent to you by Order of the Eastern Housing Court, Suffolk County, Massachusetts (the “Court”), which has preliminarily approved the Settlement. The Settlement will resolve all claims for improper late rent charges that were, or which could have been, asserted in this Litigation on an individual, class, or representative basis.
Why am I Receiving this Notice?
You have received this Notice because the Defendant Greystar Management Services, L.P. k/n/a Greystar Management Services, LLC’s (“Defendant” or “Greystar”) records indicate you (i) currently rent, or previously rented, a residential unit at a property managed by Defendant and located in the Commonwealth of Massachusetts from December 16, 2012 to the present; (ii) were charged late rent fees by Defendant before rent was at least thirty (30) days overdue; and (iii) paid such charges.
The following table summarizes your options in responding to this Notice and the result of you exercising each option. These options are described in more detail below.
SUMMARY OF LEGAL RIGHTS AND OPTIONS
Do nothing
Receive a payment from the proceeds of the Settlement. Give up your right to bring your own claim for improper late rent charges.
Object
Write to the Settlement Administrator at the address below by November 22, 2025 and explain the objections you have to the Settlement.
Attend hearing
The Final Fairness Hearing will be held at the Eastern Housing Court, 24 New Chardon St., Boston, MA, Courtroom 13, on 12/9/2025 at 11:00AM.
You may request to speak to the Court about the fairness of the Settlement provided you have submitted a written objection.
Note that while anyone may attend the Final Approval Hearing (discussed, below), if you intend to be heard at the Final Approval Hearing, either in person or through an attorney of your choice, your objection must include a written notice which identifies and provides contact information for the person who intends to appear and be heard by the Court
CRITICAL DATES
NOVEMBER 22, 2025: The last date to mail any written objections to the Settlement Administrator.
DECEMBER 9, 2025: The date of the Court hearing to determine whether the proposed Settlement is fair, reasonable and adequate and should be approved by the Court.
WHAT IS THIS LAWSUIT ABOUT?
The Massachusetts Security Deposit Statute, M.G.L. c. 186, Section 15B, prohibits a landlord from imposing interest or penalties for late rent payments until the rent is at least thirty (30) days overdue. This Litigation involves claims that Defendant violated M.G.L. c. 186, Section 15B by charging late fees before rent was at least thirty (30) days overdue to residents in the Massachusetts properties it managed. Defendant denies any violations of the law and denies all liability and/or denies that the Class is entitled to any relief whatsoever.
After a thorough investigation into the facts and circumstances, the parties to the Litigation have agreed to a proposed settlement of the claims for improper late rent fees. The Plaintiff, Phoebe Flemming (“Plaintiff”), and her counsel believe that this Settlement is fair and is in the best interests of the Class.
WHAT DO YOU NEED TO KNOW ABOUT THIS SETTLEMENT?
Who is Included in the Settlement?
You are entitled to participate in this Settlement if you: (i) currently rent, or previously rented, a residential unit in any of the properties managed by Greystar located in the Commonwealth of Massachusetts from December 16, 2012 to the present; (ii) were charged late rent fees by Defendant before rent was at least thirty (30) days overdue; and (iii) paid such charges. CLICK HERE to view a list of the property names and addresses for all of the properties managed by Greystar at issue in this Litigation entitled, “Greystar Property List.” Each such person is referred to herein as a “Class Member” or “Settlement Class Member.” Collectively, all such people are referred to herein as the “Class” or “Settlement Class.”
Greystar undertook a systematic data collection and review process to identify all late fee charges assessed by Greystar and corresponding payments made by tenants during the relevant class period. The data collection process involved the extraction of transaction-level records from Greystar’s internal property management and accounting platforms. These records included, for each transaction: (i) the month that rent was past due and late fee was assessed (i.e., posting date); (ii) the amount of the late fee assessed; (iii) the date the late fee was charged to the account (i.e., transaction date); (iv) the date and amount of any tenant payment applied toward that late fee; and (v) tenant identifiers and lease information, including name, unit number, last known address, and contact information (email and phone number). Following the initial data compilation, Greystar applied a filtering methodology to isolate only those late fee charges that were considered impermissible under applicable law (i.e., late fees that were charged prematurely before rent was at least thirty (30) days past due) and paid by the tenants. This required analyzing the entries against the relevant legal standards, posting dates as compared to transaction dates, tenant payments of the late fees, and applicable notes to confirm which months the late fees were assessed and charged to the tenants’ accounts. The resulting subset of data—consisting exclusively of impermissible late fee payments—was then used to generate a preliminary list of putative class members, identifying those tenants who (1) were assessed impermissible late fees, and (2) paid such fees during the specified timeframe. This process ensured a reliable and targeted identification of affected individuals based on transactional evidence, and supports the class definition and damages framework presented to the Court.
What are the Benefits of the Settlement to me?
If the proposed Settlement is approved by the Court, you will receive a payment by check. Defendant has agreed to create a Settlement Fund for the Settlement Class Members. Your payment will be calculated as a portion of the Net Settlement Fund (the Settlement Fund reduced by the award for attorneys’ fees and costs, the payment to the named Plaintiff, the dispute fund and the costs of administering the Settlement). Your individual settlement payment will be calculated on a pro rata basis based upon the total amount of late rent fees you were charged before your rent was 30 days overdue, divided by the total amount of such late rent fees charged to the Settlement Class cumulatively, multiplied by the Net Settlement Fund, in accordance with the Revised Settlement Agreement and Release of Claims, which has been preliminarily approved by the Court. A copy of the Revised Settlement Agreement and Release of Claims can be obtained from the Class Counsel as set forth below in the section entitled “Additional Information.”
If not all settlement checks are cashed, any Class Members who cash their settlement check may receive a second settlement payment, subject to the availability of money in the Settlement Fund. The maximum amount of any such second payment would be the amount necessary to make each such Class Member’s total settlement payment equal to the total amount of late rent fees they were charged before their rent was 30 days overdue, plus 12% interest per annum from the date the fee was charged.
What is the Total Settlement Amount?
If this Settlement is approved, the Defendant has agreed to pay a total of Three Million Dollars ($3,000,000.00) (the “Settlement Fund”).
What Distributions Will Be Made From the Settlement Other than Payments to Class Members?
Class Counsel, who have pursued this case on behalf of Plaintiff and all others similarly situated, will ask the Court for: (1) an award of attorneys’ fees in the amount of Thirty-Five Percent (35.00%) of the Settlement Fund – One Million Fifty Thousand Dollars ($1,050,000) – for their work pursuing the Litigation. Class Counsel believes that the amounts for costs and attorneys’ fees requested are fair and reasonable, but the amounts are subject to the Court’s approval. Defendant will not oppose Class Counsel’s request for these amounts.
The named Plaintiff, Phoebe Flemming, will also ask the Court for a Twenty-Five Thousand ($25,000) service payment for her service as a class representative and for taking part in the Litigation for the Settlement Class’s benefit. This payment is to reimburse Ms. Flemming for any lost pay or time attributable to their time spent assisting in the investigation and otherwise for risks incurred and services rendered to Class Members and assisting Class Counsel. Plaintiff and Class Counsel believe that this is a fair and reasonable service award, but the award (and the amount thereof) are subject to the Court’s approval. The Defendant will not oppose Plaintiff’s requests.
The Parties will also set aside $100,000 for the costs of administering this Settlement. The administration cost payment is subject to the Court’s approval. Defendant will not oppose these requests.
If money is left over following all required distributions, the Parties have also agreed to allocate $10,000 for a Dispute Fund to resolve possible disputes about whether Class Members have been properly paid.
How were the Payments to the Class Calculated?
Each Settlement Class Member shall receive a pro rata payment based on their Actual Loss (i.e., the total amount that Greystar charged them in impermissible late fees and calculated pre-judgment interest) (“Pro Rata Payment”). The pre-judgment interest is calculated by multiplying the equivalent daily rate for the annual rate of 12% (.03288%) times the number of days from the date of the imposed fees until the agreed upon termination date, i.e., December 1, 2024. Specifically, each Class Member shall receive a pro rata share of the Net Settlement Fund. The pro rata share is calculated by dividing each Class Member’s Actual Loss by the total, cumulative amount of all Class Members’ Actual Losses, multiplied by the Net Settlement Fund. For example, if a Class Member was charged $80 in impermissible late fees and accrued $20 in pre-judgment interest, the Class Member’s Actual Damages would be $100. If the total amount of all Class Members’ Actual Losses were $2,000,000, the Class Member would be entitled to .005% ($100/$2,000,000) of the Net Settlement Fund. If the Net Settlement Fund was $1,000,000, the Class Member’s Pro Rata Payment would be $50 ($1,000,000 x .005%).
Class Members who cash or deposit their initial pro rata settlement checks shall receive a supplemental check (“Supplemental Payment”) for the difference between the Pro Rata Payment and the Class Member’s Actual Loss, subject to the availability of money in the Settlement Fund. If, and only if, there are insufficient funds in the Net Settlement Fund to pay all of the eligible Class Members the full amount of the required Supplemental Payments, all eligible Class Members shall receive a pro rata payment based on their Actual Loss and the total, cumulative Actual Loss of the other Class Members who cashed their initial Pro Rata Payment checks within ninety (90) days of issuance, and the remaining balance of the Net Settlement Fund.
No Class Member shall receive more than One Hundred Percent (100%) of their total Actual Loss as referenced in the applicable Late Fee Spreadsheets.
When will I receive my Settlement Payment?
The Settlement Payments will be paid within forty-five (45) days after both final Court approval of the Settlement and after all rights to appeal or review are exhausted or any appeal or review has been resolved in favor of the Settlement. Within 105 days after the first settlement checks are mailed, each Class Member who cashed their first settlement check may receive a second check if money remains in the Net Settlement Fund.
All settlement checks will become void within ninety (90) days of issuance. The earliest the first Settlement Payment could occur is on or around January 19, 2026.
Settlement Administrator:
The Court has appointed Optime Administration, LLC, to act as an independent qualified Settlement Administrator to process this settlement, to resolve any dispute concerning a Settlement Class Member’s eligibility to participate in the Settlement and his or her share of the Settlement proceeds, and to make payments to Participating Class Members. The fees and costs of the Settlement Administrator shall be paid from the Total Settlement Fund. Click here to view a document outlining the services to be performed by Optime on behalf of the Class entitled “Administrative Services to be Performed by the Class Administrator.”
Optime, The Settlement Administrator is also available to answer any questions you may have about the Settlement, this notice, and/or settlement payments. It may be reached at the following address:
Greystar Settlement Administrator
c/o Optime Administration
PO Box 3206
Brockton, MA 02304
Fax: 781-287-0381
Email: GREYSTARSETTLEMENT@OPTIMEADMIN.COM
WHO IS REPRESENTING THE CLASS?
The Court has decided that the following attorneys are qualified to represent you and all other Settlement Class Members:
Kevin R. Heffernan, BBO No. 671439
858 Washington Street, STE 301
Dedham, MA 02026
Kevin@lawheffernan.com
Attorney Heffernan is called “Class Counsel.” You do not have to pay Class Counsel or anyone else to participate. Class Counsel’s fees and expenses will be deducted from the common fund.
You do not need to hire your own attorney because Class Counsel is working on your behalf. You do, however, have the right to have your own attorney, but you will be required to pay his or her fees. If you have questions or desire additional details, you may call, email or correspond with Class Counsel.
WHAT ARE YOUR RIGHTS AS A CLASS MEMBER?
You have two options: (1) do nothing and receive the Settlement Payments described herein if the Settlement is approved by the Court; or (2) object to the Settlement by following the procedure outlined below.
(A) Do Nothing and Receive Settlement Payments if Approved by the Court:
You do not need to do anything to remain a member of the Settlement Class and receive the Settlement Payments detailed above, if they are approved by the Court. As a member of the Settlement Class, you will be bound by all terms of any settlement and judgment finally approved by the Court. You will not need to file a claim form to receive compensation under the proposed settlement. If the Court grants approval of the Settlement, you will receive your first Settlement Payment within the timeframe detailed above.
(B) Objection to Settlement:
You can object to the terms of the Settlement before the Court considers it for final approval.
- Objection procedures. Settlement Class Members who wish to object (“Objector”) to the settlement must do so in writing. To be considered, a written objection must be mailed to the Settlement Administrator via First-Class United States Mail, postage prepaid, and be received by the Settlement Administrator by November 22, 2025, i.e., Objection Deadline. The written objection must include the words, “I object to the settlement in the Greystar Class Action Settlement,” or something similar as well as all reasons for the objection. The written objection must also include the name, address and telephone number(s) of the Settlement Class Member. You also may request in writing to appear at the Fairness Hearing on December 9, 2025 at 11:00 AM.
- Right to be heard at the fairness hearing. The Fairness Hearing will be held at the Eastern Housing Court, 24 New Chardon Street, Boston, MA, Courtroom 13, on 12/9/2025 at 11:00 am. A Settlement Class Member who files objections to the settlement also has the right to appear at the Final Approval Hearing either in person or through counsel hired by the Objector, at the Objector’s sole cost and expense. An Objector who wishes to appear or speak at the Final Approval Hearing must state his or her intention to do so in writing on his or her written objections at the time he or she submits his or her written objections by including the words, “I intend to appear and speak at the fairness hearing,” or something similar. Objectors may withdraw their objections at any time. Except as otherwise permitted by the Court, no Settlement Class Member may be heard at the Final Approval Hearing unless he or she has filed a timely objection that complies with all procedures provided in this paragraph and the previous paragraph. Except as otherwise permitted by the Court, no Settlement Class Member may present an objection at the Final Approval Hearing based on a reason not stated in his or her written objections.
The Settlement Administrator’s address is:
Greystar Settlement Administrator
c/o Optime Administrator
PO Box 3206
Brockton, MA 02304
Fax: 781-287-0381
Email: greystarsettlement@optimeadmin.com
If you do not submit a written objection that is received by November 22, 2025, you may not be able to make any objection to this Settlement.
WHAT IS THE EFFECT OF THE SETTLEMENT?
Upon final approval of the Court, all Settlement Class Members will be deemed to have, and by operation of the Final Approval Order will have, forever released and discharged Defendant of and from any and all claims for late rent charges imposed before rent was 30 days overdue that were or could have been raised in the Litigation. Importantly, under M.G.L. c. 186, Section 15B and M.G.L. c. 93A, you could potentially be entitled to multiple damages for any/all late rent charges that were found to be imposed improperly if the Defendant’s conduct were found to be willful. The above release includes any such claims for triple damages.
The release will extend to Defendant, together with its agents, assigns, affiliates, principals, heirs, successors and other related parties/entities listed in the Settlement Agreement. This release shall not include, however, claims for breaches of the Settlement Agreement and/or any other terms of final approval ordered by the Court.
If you are a Settlement Class Member, upon Court approval of the Settlement, you will be deemed to have entered into this release and to have released the above-described claims. If the Settlement is not approved by the Court or does not become final for some other reason, the Litigation will continue.
Upon final approval by the Court of this Settlement, you will be subject to this Settlement, any judgment dismissing the Litigation and the release described above even if you do nothing.
FINAL SETTLEMENT APPROVAL HEARING
The Court will hold a hearing in the Eastern Housing Court, Courtroom 13, 24 New Chardon St., Boston, Massachusetts MA 02108on December 9, 2025 at 11:00 AM, to determine whether the Settlement should be finally approved as fair, reasonable, and adequate. The Court also will be asked to approve Class Counsel’s request for attorneys’ fees, as well as Plaintiff’s requests for Service Payments. The hearing may be continued without further notice to the Settlement Class. You have the option to attend the hearing, but it is not necessary for you to appear at this hearing unless you have timely filed an objection with the Court and wish to speak to the Court in person about your written objection.
You may contact Class Counsel prior to the hearing should you have any questions about the hearing and/or to confirm that the date/time/location have not changed.
WHERE IS ADDITIONAL INFORMATION AVAILABLE?
The above is a summary of the basic terms of the Settlement. For the precise terms and conditions of the Settlement, you should consult the detailed Settlement Agreement, which is on file with the Court and available from the Settlement Administrator and/or Class Counsel. The pleadings and other records in the Litigation, may be examined: online by visiting www.masscourts.org and looking up the Litigation; or at any time during regular businesses at the following address:
Eastern Housing Court
24 New Chardon St.,
Boston, MA 02114
If you have any questions about the Litigation, the Settlement and/or your legal rights with regard thereto, you should also feel free to contact Class Counsel:
Kevin R. Heffernan, BBO No. 671439
858 Washington Street, STE 301
Dedham, MA 02026
kevin@lawheffernan.com
WHO SHOULD I CONTACT IF I HAVE QUESTIONS ABOUT MY SETTLEMENT PAYMENT?
The Settlement Administrator is available to answer any questions you may have about the Settlement Payment.
Greystar Settlement Administrator
c/o Optime Administrator
PO Box 3206
Brockton, MA 02304
Fax: 781-287-0381
Email: greystarsettlement@optimeadmin.com
Please do not telephone the Court, any Court personnel, Defendant or Defendant’s counsel for information regarding this settlement or the claim process. Any questions should be directed to Class Counsel (not Defendant’s counsel) or the Settlement Administrator listed herein by order of the Court.