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Landlord Tenant Law Litigation

Court of Appeals Upholds Rent Overcharge Class Action

Can tenants maintain a class action against landlords asserting a pattern and practice of illegal conduct when the various plaintiff tenants have been injured by different forms of allegedly wrongful conduct?

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Can tenants maintain a class action against landlords asserting a pattern and practice of illegal conduct when the various plaintiff tenants have been injured by different forms of allegedly wrongful conduct? The Court of Appeals faced that issue in Maddicks v. Big City Properties, LLC, 2019 WL 5353010, and a divided court held that the class action could survive a motion to dismiss despite the disparate bases of tenant’s alleged overcharge claims. However, the court did not decide whether the class should ultimately be certified.

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