Equity Residential $1,000,000 Mill Creek Apartments Settlement, Who Qualifies, How Much and What to Do

Equity Residential has agreed to pay $1,000,000 to settle a class action brought by a tenant of Mill Creek Apartments in Milpitas, California. The lawsuit claims the landlord did not follow the city’s Rent Review Ordinance when it sent renewal notices and raised rents. Equity Residential denies any wrongdoing.

Eligible tenants do not need to file a claim form. Under the settlement agreement, the administrator identifies class members from Equity Residential’s records. If the court approves the settlement, payment goes by default to the PayPal account tied to the email address where the notice was sent. Tenants can choose Venmo or a paper check instead.

The settlement has not been finally approved, and no court has decided who is right. Check the deadlines before you rely on them: the official settlement website was showing an “under construction” or maintenance page when this article was prepared, and the dates in this article come partly from a secondary source (see the verification note).

Equity Residential Mill Creek Apartments Settlement: Quick Facts

Detail	What is known
Case	Kachadoorian v. Equity Residential Management, L.L.C., et al.
Case number	25CV460326
Court	Superior Court of California, County of Santa Clara
Property	Mill Creek Apartments, 440 Dixon Landing Road, Milpitas, California
Named plaintiff	Sharon Kachadoorian
Defendants	Equity Residential Management, L.L.C.; Equity Residential; EQR-Fresca 2009 Limited Partnership; and on-site manager Vanessa Ramirez
Settlement fund	$1,000,000, non-reversionary
Class size	696 people, per the settlement agreement
Claim form	None; payments are automatic
Opt-out and objection deadline	December 8, 2026, reported as 60 days after the email notice (not confirmed on the official site)
Final approval hearing	June 30, 2027, as reported by Claim Depot (not confirmed on the official site)
Settlement administrator	CPT Group, Inc.
Lawyers for the class	Olivier & Schreiber PC and Jubilee Legal
Official website	millcreekapartmentsettlement.com
Settlement agreement	Read the agreement

The $1,000,000 is the total fund, not the amount each tenant receives.

What Does the Lawsuit Against Equity Residential Claim?

Sharon Kachadoorian, a tenant, filed the case on March 4, 2025. It alleges that the defendants:

• Violated the City of Milpitas Rent Review Ordinance
• Breached tenants’ lease agreements
• Engaged in unlawful business practices under California’s Unfair Competition Law

The core claim is about notices. The plaintiff says the landlord did not give tenants the required notice of their rent review rights. For rent increases above 5 percent, she says the landlord also did not provide a written statement of the reasons, yet imposed and collected the higher rent.

Equity Residential denies the claims. According to the settlement agreement, a company official stated under penalty of perjury that Equity had earlier provided notices it believed complied, and that in May 2023 it began giving Mill Creek tenants updated notices it says fully comply with the ordinance. The settlement is a compromise, not a court finding that Equity broke the law.

How the Equity Residential Case Reached Settlement

Date	Event
March 4, 2025	Lawsuit filed in Santa Clara County Superior Court
March 5, 2026	Court sustained Equity’s demurrer to the amended complaint, with permission to amend
March 26, 2026	First mediation with retired Judge Lynn Duryee; no deal
April 21, 2026	Second mediation session; agreement reached on money and practice changes
April 23, 2026	Term sheet signed
June 2026	Full settlement agreement signed by the parties
October 2026	Class notice and settlement website rolling out

The class has not been certified for litigation. The parties asked the court to certify it for settlement purposes only.

Who Qualifies for the Mill Creek Apartments Settlement?

You are in the class if you signed a lease with the defendants at Mill Creek Apartments, 440 Dixon Landing Road in Milpitas, and either:

• (a) received or responded to a rent renewal notice between March 4, 2021 and the date the settlement agreement was signed (reported as June 22, 2026), or
• (b) had a rent increase take effect between March 4, 2021 and May 2, 2023.

Renting from Equity Residential at another property does not make you a class member. Former tenants qualify. The administrator uses Equity’s records to find class members and calculate estimates. If you think you belong but did not get a notice, contact the administrator. Keep old leases, renewal notices and emails from the property manager.

How Much Could Mill Creek Tenants Receive From the Equity Residential Settlement?

Your estimated payment appears in your email notice and on the settlement website. It was not in the public documents reviewed, and the draft notice in the agreement leaves the dollar amounts blank. What is public is how the money is divided.

Where the $1,000,000 Goes

Item	Maximum (subject to court approval)
Attorneys’ fees	One-third of the fund, up to $333,333
Attorneys’ expenses	Up to $30,000
Class representative service award	Up to $15,000
Settlement administration	Up to $25,000 (more only for good cause, with court approval)
Left for class members	About $596,667 or more

If the court approves less than those amounts, the difference goes to class members. As a rough illustration only, $596,667 divided among 696 people averages about $857 each. Actual payments will differ, because they depend on which payment groups you are in.

The Three Payment Groups

Payments are based on membership in one, two or all three groups:

• Ordinance group: Every class member gets a base payment for the alleged failure to give notice that meets the ordinance.
• Notice group: An extra payment for people who received a renewal notice between March 4, 2023 and May 2, 2023 and either accepted the renewal or moved out.
• Restitution group: An extra payment for people who received or responded to a renewal notice and had a corresponding rent increase.

The allocation method is proposed by the plaintiff and needs court approval.

Challenging Your Estimated Payment

You have 45 days after the email notice to challenge your estimate with the administrator. You will be asked for supporting documents such as a lease or rent notice. Unless you provide contrary documents, the administrator may presume its records are correct, and its decision on challenges is final.

How Equity Residential Settlement Payments Are Made

Method	How it works
PayPal (default)	Sent to the PayPal account linked to the email address the notice went to. If you have none, PayPal emails you to create one
Venmo	Elect it on the settlement website using your login
Paper check	Elect it on the settlement website and give a mailing address

To elect Venmo or a check, log in on the settlement website with your class member ID and passcode. If you do not have them, email the administrator.

Unclaimed money: If a PayPal payment is not claimed within 60 days, the administrator tries Venmo. If a Venmo payment is unclaimed after 60 more days, or a check goes uncashed for 120 days, the money goes to a court-approved charity, as does any leftover money after all payments. The draft notice names Project Sentinel, while Claim Depot reports the State Bar’s Greg E. Knoll Justice Gap Fund, so confirm the recipient on the official site.

When Will Payments Go Out?

Not until the court grants final approval and any appeals are resolved. Equity must deposit $25,000 within 15 days of preliminary approval and the rest within 30 days after the settlement’s effective date. The administrator then has 14 days to send payments.

What Must Equity Residential Change Under the Settlement?

Beyond the money, Equity agreed that within 30 days of the settlement’s effective date, every notice it issues under the Milpitas Rent Review Ordinance must state the reason or reasons for the rent increase, in the same language or languages as the rest of the notice. This takes effect only if the settlement reaches its effective date.

Your Options in the Equity Residential Mill Creek Settlement

Option	What happens
Do nothing	You get a payment by PayPal if the settlement is approved, and you give up the right to sue over the released claims
Choose Venmo or check	You get your payment that way and are still bound by the settlement
Opt out	You get no payment but keep the right to sue Equity yourself over these issues
Object	You tell the court why you disagree. You must stay in the class to object

An opt-out request must be signed and sent to the administrator by email or mail, with your name, address, and email address or phone number. The administrator cannot reject it for missing details if it can tell who you are and that you want out. If more than 20 class members opt out, Equity may cancel the settlement. To object, send a written objection to the administrator by the deadline, or attend the final hearing and ask to speak.

Administrator contact

Kachadoorian v. Equity Residential Management, L.L.C., et al. c/o CPT Group, Inc. P.O. Box 19504, Irvine, CA 92623 Toll free: 1-888-261-0511 Email: [email protected]

Class counsel: Christian Schreiber and Estefania Palacios of Olivier & Schreiber PC ([email protected]), and Daniel “Sparky” Abraham of Jubilee Legal ([email protected]). The draft notice lists (415) 484-0980. Because the website was not fully available, confirm contact details before sending personal documents.

What Do You Give Up by Staying in the Equity Residential Class?

If you stay in the class, you release Equity Residential and the other defendants from claims arising from the facts in the case. That includes claims about rent increase and renewal notices, missing notices under the Milpitas ordinance, rent increases during the class period, and Unfair Competition Law or other claims based on the same facts. The release does not cover personal injury, property damage, or federal, state or local civil rights claims.

Which Laws Apply to the Mill Creek Apartments Rent Notice Case?

Milpitas Rent Review Ordinance (Milpitas Municipal Code, Title XII, Chapter 2)

Landlords must give a rent increase notice that follows state law procedures, and a notice of an increase above 5 percent must include a statement of the reasons. A tenant or landlord can ask for review of an increase above 5 percent in a 12-month period by contacting the city’s designated service provider within 15 calendar days of the notice. The Rent Review Board’s decision is non-binding.

A city-related summary says violations can bring damages of up to three months’ rent plus $400 per violation, and misdemeanor charges. Check the current ordinance text, since it can be amended.

California Rent Increase Notice Rules (Civil Code § 827)

State law requires advance written notice of a rent increase: generally 30 days for increases of 10 percent or less over 12 months, and 90 days for larger ones.

California Unfair Competition Law (Business and Professions Code § 17200)

The Unfair Competition Law covers unlawful, unfair or fraudulent business acts. It is the third claim in this case, alongside the ordinance and lease claims.

Related Laws Not Alleged in This Case

• California Tenant Protection Act (Civil Code § 1947.12) caps annual rent increases for many covered units at 5 percent plus local inflation, up to 10 percent. Whether it applies to a unit depends on the building’s age and exemptions. This lawsuit is about notice under the Milpitas ordinance, not that cap.
• Anti-retaliation protection (Civil Code § 1942.5) generally bars a landlord from retaliating against a tenant for exercising legal rights. Being a class member or opting out does not change your lease.

Class Settlement Rules

California courts must approve class settlements as fair, reasonable and adequate (Code of Civil Procedure § 382; California Rules of Court, rule 3.769). For leftover money, California law directs courts to send unpaid residue to qualifying nonprofits (Code of Civil Procedure § 384).

For a separate Equity Residential case about alleged late fees, see Equity Residential California Late Fee $22.7M Settlement, Were You Charged an Unlawful Late Fee Between 2010–2022?. It has different claims and different eligibility rules.

Equity Residential Mill Creek Settlement: Key Dates

Date	Event
March 4, 2021	Start of the class period
May 2, 2023	End of the rent-increase period; Equity says it began updated notices in May 2023
March 4, 2025	Lawsuit filed
April 23, 2026	Term sheet signed
June 2026	Settlement agreement signed
October 2026	Class notice and website rolling out
December 8, 2026	Reported opt-out and objection deadline (unconfirmed)
June 30, 2027	Reported final approval hearing (unconfirmed)

Frequently Asked Questions About the Equity Residential Mill Creek Settlement

Do I need to file a claim?

No. Eligible class members are paid automatically unless they opt out. You only act to pick Venmo or a check, dispute your estimate, object or opt out.

How much will I get?

It depends on your payment groups and the final fees approved by the court. Your estimate is in your email notice and on the website with your class member ID. No average has been posted publicly.

Is the settlement final?

No. The court must grant final approval. Do not assume payments are being issued.

Can former Mill Creek tenants get paid?

Yes. The class covers anyone who signed a lease at Mill Creek and meets the notice or rent increase criteria, whether or not they still live there. Payments to former tenants go to the email address in Equity’s records, so update your contact information with the administrator if it changed.

Does the settlement affect my current lease or rent?

No. It does not change your lease, and state law bars retaliation for exercising legal rights.

What if I never got the email?

Contact the administrator with your name, address and the dates you lived at Mill Creek.

Does Equity Residential admit wrongdoing?

No. The agreement says Equity denies the allegations and any wrongdoing.

Is this a rent refund?

Not exactly. The restitution group payment relates to rent increases, but the settlement is a negotiated compromise, not a refund calculated tenant by tenant.

Are settlement payments taxable?

They may be. The agreement gives no tax advice, so ask a tax professional.

What the Record Does Not Show

• Your individual payment estimate
• Final court approval
• Any admission of a violation by Equity Residential
• A confirmed opt-out deadline or hearing date from the official website

Sources and Verification Notes

1. Settlement agreement: Class Action Settlement Agreement, Kachadoorian v. Equity Residential Management, L.L.C., et al., including Exhibits A and B (draft email and long-form notices)
2. Official settlement website: millcreekapartmentsettlement.com (under construction when reviewed)
3. Claim Depot: Equity Residential $1M Mill Creek Apartments Settlement (October 12, 2026), the source for the reported opt-out date, hearing date and fund breakdown
4. City of Milpitas: Rent Review Ordinance, Municipal Code Title XII, Chapter 2
5. Let’s Talk Housing: Milpitas Rent Review Ordinance summary
6. California law: Civil Code §§ 827, 1942.5 and 1947.12; Business and Professions Code § 17200; Code of Civil Procedure §§ 382 and 384; California Rules of Court, rule 3.769

This article is general information, not legal advice. Whether to stay in, opt out of or object to a settlement is your decision. Consult a licensed attorney about your own situation.

Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. All facts verified against the Settlement Agreement and its draft notices posted on the official settlement website (millcreekapartmentsettlement.com); the opt-out deadline and hearing date are reported by Claim Depot and were not confirmed on the official site, as of October 13, 2026. Last Updated: October 13, 2026.