Louis et al. v. SafeRent

General FAQs

FAQs Regarding Effect of Settlement on Benefits

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General FAQs

1. What does the Settlement Provide?

   SafeRent has agreed to pay $1,175,000 into a settlement fund. This money will be divided among the class members and will also be used to pay the cost of administering this Settlement (expected to be between $110,000 and $135,000). Subject to court approval, this fund may also be used to provide up to $10,000 each to the two people who brought this lawsuit, Mary Louis and Monica Douglas. Members of the Settlement class will “release” their claims as part of the Settlement, which means they cannot sue SafeRent based on the same conduct that led to this lawsuit.

   The Settlement separately provides up to $1,100,000 in attorneys' fees and costs, dependent on court approval. If the court does not award the full $1,100,000, any money left over will be added to the Settlement fund and distributed to class members. The Settlement also requires SafeRent to make changes to the reports that housing providers can request, so that it will not provide a SafeRent Score for applicants whom the housing provider reports are applying using a housing voucher.

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2. How do I know if I am part of this Settlement?

   You are a class member and part of this Settlement if:

   you were a rental applicant who used a publicly funded housing voucher and sought but were denied housing in Massachusetts because of your SafeRent Score at any property using SafeRent's tenant screening services between May 25, 2021, and April 25, 2024. This is called the "Income-Based Settlement Class,"

   OR

   you are Black or Hispanic and a rental applicant who used a publicly funded housing voucher and sought but were denied housing in Massachusetts because of your SafeRent Score at any property using SafeRent's tenant screening services between May 25, 2020 and April 25, 2024. This is called the "Race-Based Settlement Class."

   In plain language, if you were sent a notice by the Settlement Administrator, and you tried to use a housing voucher to get housing between May 25, 2020, and April 25, 2024, then you are likely covered by this Settlement. That is because SafeRent's records show that a housing provider where you applied for housing in Massachusetts received a SafeRent Score that was below the "accept" score set by the housing provider. If you are unsure of whether you are part of this Settlement, contact the Settlement Administrator at 888-344-0796 or at info@MATenantScreeningSettlement.com.

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3. How much will my payment be?

   Your payment amount will depend on several factors:

   • The payment amounts will depend on the number of class members who submit valid claims.
   • Those who are members of both the Income-Based Settlement Class and the Race-Based Settlement Class will receive a share of the Settlement that is 1.5 times the share for those who are members of only one of the Settlement classes.
   • The payment amounts will also depend on the number of awards and costs approved by the Court.
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4. How do I weigh my options?

   If you are a class member you have four options.

   1. You can stay in the Settlement and take action to receive payment
   2. You can opt out of the Settlement
   3. You can object to the Settlement
   4. You can do nothing

   This chart shows the effects of each option:

   	Do Nothing?	File a Claim?	Opt Out?	Object?
   Can I receive my settlement money if I…	No	Yes	No	Yes
   Am I bound by the terms of this lawsuit if I…	Yes	Yes	No	Yes
   Can I pursue my own case if I…	No	No	Yes	No
   Will the class lawyers represent me if I…	Yes	Yes	No	No

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5. How do I get a payment?

   If you wish to receive money, you must submit a Claim Form by September 3, 2024.

   The Claim Form is available here. Follow the instructions on the form to submit. The form may be submitted by mail or electronically.

   If you choose to submit your claim by mail, please mail to:

   MA Tenant Screening
   Settlement Administrator
   P.O. Box 2818
   Portland, OR 97208-2818

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6. What are the Public Housing Agencies in the state of Massachusetts that may have approved and/or issued a voucher?

   A list of Public Housing Agencies that may have approved and/or issued vouchers in the state of Massachusetts is available here.

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7. Do I have a lawyer in this lawsuit?

   In a class action, the court appoints class representatives and lawyers—called Class Counsel—to work on the case and defend the interests of the class members. If you want to be represented by your own attorney, you may hire one at your own expense. For this Settlement, the Court has appointed the following individuals and lawyers.

   Class Representatives: Mary Louis and Monica Douglas

   Class Counsel: Cohen Milstein Sellers & Toll PLLC, Greater Boston Legal Services, and the National Consumer Law Center. You may find their contact information here.

   These are the entities that negotiated this Settlement on your behalf.

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8. Do I have to pay the lawyers in this lawsuit?

   You will not have to pay the lawyers directly. Attorneys’ fees and costs awarded by the Court will be paid by SafeRent, separately from the Settlement fund used to pay out class members' claims.

   To date, Class Counsel have not been paid any money for their work or out-of-pocket expenses in this case. To pay for some of their time and risk in bringing this case, without any guarantee of payment unless they were successful, Class Counsel have requested that the Court approve a payment from SafeRent to them of up to $1,100,000 total in attorneys’ fees and expenses. Attorneys’ fees and expenses will only be awarded if approved by the Court as a fair and reasonable amount. Any unawarded fees out of the $1,100,000 will be added to the Settlement Fund disbursed to class members. You have the right to object to the attorneys’ fees even if you think the other Settlement terms are fair.

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9. What if I don’t want to be part of this Settlement?

   You can opt out. If you do, you will not receive payment and cannot object to the Settlement. However, you will not be bound or affected by anything that happens in this lawsuit and will keep any right you have to file your own case.

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10. How do I opt out?

    To opt out of the Settlement, you must send a letter to the Settlement Administrator that:

    1. is postmarked by September 3, 2024;
    2. includes the case name and number (Louis et al. v. SafeRent Solutions, LLC et al., Case No. 1:22-cv-10800);
    3. includes your full name and contact information (telephone number, email and/or mailing address);
    4. states clearly that you wish to be excluded from the Settlement; and
    5. includes your signature.

    Mail the letter to the following address:

    MA Tenant Screening
    Settlement Administrator
    P.O. Box 2818
    Portland, OR 97208-2818

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11. What if I disagree with the Settlement?

    If you disagree with any part of the Settlement (including the attorneys’ fees) but don’t want to opt out, you may object to the Settlement. You must give reasons why you think the Court should not approve the Settlement and say whether your objection applies to just you, a part of the class, or the entire class. The Court will consider your views.

    The Court can only approve or deny the Settlement as is—it cannot change the terms of the Settlement. You may, but don’t need to, hire your own lawyer to help you. If you choose to hire your own lawyer, you will do so at your expense.

    To object, you must send a letter to the Court that:

    1. is postmarked by September 3, 2024;
    2. includes the case name and number (Louis et al. v. SafeRent Solutions, LLC et al., Case No. 1:22-cv-10800).
    3. includes your full name, address and telephone number, and email address (if you have one);
    4. states the reasons for your objection;
    5. says whether either you or your counsel intend to appear at the final approval hearing and your counsel’s name; and
    6. includes your signature.

    Mail the letter to both of the following two places:

    MA Tenant Screening
    Settlement Administrator
    P.O. Box 2818
    Portland, OR 97208-2818

    US District Court for Massachusetts
    John Joseph Moakley US Courthouse
    1 Courthouse Way, Suite 2300
    Boston, Massachusetts 02210

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12. How do I get more information?

    Additional information about this Settlement is in the Settlement Agreement, located in the Documents page of this website.

    You may also contact the Settlement Administrator using the contact information here.

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FAQs Regarding Effect of Settlement on Benefits

The following FAQs provide information regarding any effects the settlement payment(s) may have on your entitlement to certain benefits. If you have further questions, please contact:

Todd S. Kaplan
Greater Boston Legal Services
197 Friend Street
Boston, MA 02114
 GBLS-SafeRent-Settlement@gbls.org
 1-617-603-1734

If you are concerned about any award increasing your reportable income for various benefits, you may want to consider electing to receive your award as two payments, in two different years. This option is provided in Part 3 (“Payment Election”) of the Claim Form.

1. If I get EAEDC, will the settlement affect my benefits?

   Income: Yes, an award above $600, with some additional exclusions, will change your benefits, and all income must be reported to your DTA worker.

   For more information visit:

   https://www.masslegalservices.org/content/54-what-lump-sum-income-and-why-it-such-problem

   https://www.masslegalservices.org/content/55-does-dta-exclude-any-money-lump-sum-rule

   Asset Limit: There is no asset limit for people who get EAEDC, except if you are in a rest home.

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2. If I get TAFDC, will the settlement affect my benefits?

   Income: Yes, an award above $600, with some additional exclusions, will change your benefits, and all income must be reported to your DTA worker.

   For more information visit:

   https://www.masslegalhelp.org/public-benefits-ssi/tafdc/76-what-lump-sum-income-and-why-it-problem

   https://www.masslegalhelp.org/public-benefits-ssi/tafdc/77-can-you-exclude-any-money-lump-sum-rule

   Asset Limit: There is no asset limit for Massachusetts TAFDC.

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3. If I get Supplemental Security Income (SSI), will the settlement affect my benefits?

   Income: Yes, the settlement payment will be counted as income in the month you receive it, and all income must be reported to the Social Security Administration.

   Asset Limit: The month after you receive the settlement, any money you still have left over will be considered a resource. If you have a total of $2,000 in resources, including the amount you get from the settlement at any time ($3,000 for a couple), your SSI benefits will stop for any month that you have more than this amount of money.

   The settlement payment can be spent on items or services for you, including pre-paid rent, etc. You may be penalized if you transfer the money or spend it on someone else. If spent down in the month of receipt, the impact of the settlement payment is only on your benefit for the month you receive it.

   TIP: Put the settlement payment in a separate bank account and keep receipts to show the Social Security Administration where the money was spent.

   Here is a good explanation of how this works:

   https://www.planforsettlement.com/wp-content/uploads/Spend-Down-Guidelines-to-Preserve-Medicaid-or-SSI-180426.pdf

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4. Will the settlement affect my SNAP (Food Stamps)?

   Income: The settlement does not count as income for SNAP.

   Asset Limit: For most people, the settlement will not affect your eligibility for SNAP. But, if a member of your household has been sanctioned or disqualified for violating a program rule or if you are age 60 or older or have disabilities and your income is above 200% of the federal poverty level (for example, $2,510 per month for a household of one, $3,407 for a household of two), then you need to look at this webpage to determine whether the settlement will change your SNAP benefits:

   https://www.masslegalhelp.org/public-benefits-ssi/snap-food-benefits/63-when-do-assets-count

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5. Will the settlement affect my Emergency Assistance (EA) shelter benefits?

   Income: If you are in a shelter or receiving Emergency Assistance (EA) benefits and you receive the settlement and you have other income, you should check this resource to see if the settlement will affect your eligibility for Emergency Assistance (EA):

   https://www.masslegalhelp.org/housing-apartments-shelter/emergency-shelter/what-ea-income-limit

   Asset Limit: If the settlement together with your other assets is more than $5,000, your eligibility for EA shelter benefits may be impacted. You should check this resource to see if the settlement will affect your eligibility for Emergency Assistance:

   https://www.masslegalhelp.org/housing-apartments-shelter/emergency-shelter/what-asset-limit-ea

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6. Will the settlement affect my MassHealth benefits?

   Income: The settlement will be considered income only in the month you receive the settlement, so your eligibility for MassHealth may be impacted in the month you receive the settlement payment.

   Asset Limit: For most people, the settlement will not be considered an asset, but if you are 65 or older and living in a nursing home or similar facility, it could be treated as an asset if your family’s total assets are greater than $2,000 for an individual or $3,000 for a couple.

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7. Will the settlement affect my Massachusetts health insurance subsidy?

   If you do not have MassHealth but do get a subsidy for other health insurance, the settlement may be considered part of your annual income for determining how much of a subsidy or help you get for health insurance.

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8. Will the settlement change my Medicare benefits?

   No, the settlement will not change your Medicare Benefits.

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9. Will the settlement change my Section 8 benefits or my current federal public housing?

   Income: The settlement is a “civil rights settlement,” and is not income under federal law.

   Asset Limit: If the settlement will push your assets above $100,000, check with your housing authority. Different housing authorities have different policies on how to handle assets above $100,000.

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10. Will the settlement change my federal public housing or Section 8 eligibility as an applicant for either program?

    Income: If you are applying to federal public housing or the Section 8 program, the settlement does not count as income as it is a “civil rights settlement,” and is not income under federal law.

    Asset Limit: If you are applying to federal public housing or the Section 8 program, there is an asset limit of $100,000, so if the settlement puts you over this limit, it may make you ineligible for these programs. But if your housing authority is a “Moving to Work” housing authority, check with them to see if there are different rules.

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11. Will the settlement affect my state mobile voucher (AHVP or MRVP)?

    Income: The settlement is not considered income for the AHVP or MRVP voucher programs

    Asset Limit: There is no asset limit for the Massachusetts AHVP voucher program. For the MRVP program, there is an asset limit of $25,000 or 1.5 times the total (gross) household income, whichever is higher, for applicants. There is no asset limit for people already receiving MRVP.

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12. Will the settlement affect my Massachusetts state assisted public housing?

    Income: The settlement is not considered income for Massachusetts state assisted public housing.

    Asset Limit: There is no asset limit for Massachusetts state assisted public housing.

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