Huynh v. Sanchez et al

Filing 149

Order by Judge Lucy Koh Granting 139 Motion for Preliminary Approval; Denying as Moot 113 Administrative Motion; Denying as Moot 118 Motion in Limine; Denying as Moot 119 Motion in Limine; Denying as Moot 120 Motion in Limine; Denying as Moot 121 Motion in Limine. (Attachments: # 1 Exhibit Redline Copy of Amended Notice, # 2 Exhibit Redline Copy of Objection Form, # 3 Exhibit Clean Copy of Amended Notice, # 4 Exhibit Clean Copy of Objection Form)(lhklc2S, COURT STAFF) (Filed on 9/15/2016)

NOTICE OF CLASS ACTION
PROPOSED SETTLEMENT
Thanh Huynh, et al. v. Katherine Harasz, et al.
United States District Court, Northern District Of California
Case No. 14-CV-02367 LHK
You are receiving this notice because you are a class member in the above-captioned case
according to the following class definition:
“Santa Clara County Section 8 voucher holders who have disabilities and/or have family
members with disabilities who (1) made a reasonable accommodation request to the Housing
Authority of Santa Clara County (HACSC) for an additional bedroom between after July 1, 2013
and June 8, 2016, (2) had a documented and undisputed need for a separate bedroom, (3) were
denied a disability-related increase in the number of bedrooms by HACSC, (4) were not
previously granted a permanent reasonable accommodation request, (5) did not request the
additional bedroom for a live-in caregiver or for storage of medical equipment, and (6) have a
least one family member who is disabled.”
AS A CLASS MEMBER YOU ARE HEREBY NOTIFIED that:




The Plaintiffs in this case filed a court case against HACSC and Katherine Harasz, in her
official capacity as the Executive Director of HACSC on behalf of the class.
The Plaintiffs have reached a proposed out-of-court settlement with HACSC and its
Executive Director that will resolve all claims in this case. The attorneys for the Plaintiffs
may receive attorneys’ fees and expenses from this settlement.
This notice is to inform you about the settlement so you can make a decision about your
legal rights.

YOU HAVE SOME OPTIONS:
DO NOTHING If you read the notice and decide you agree with the settlement and are satisfied with
the amount of money damages listed in the chart in section 6(A), you don’t have to do
anything. If the Court decides that the settlement is fair, then you will be bound by the
agreement.
MAKE A
CLAIM

If you agree with the settlement and are claiming additional money damages based on
homelessness, complete the “Claim Form” described in section 6(B).

OBJECT

If you read the notice and decide you do not agree with the settlement you can object.
In order to object, you will have to send a completed “Objection Form” described in
section 8 to the addresses on the form and let the Court know why you do not like the
settlement generally or any term or terms of the settlement.

GO TO A
HEARING

The Court has set a date for a hearing at which you can tell her in person why you
don’t think the settlement is fair. The date, time and location of the Fairness Hearing is
described in section 9.
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QUESTIONS AND ANSWERS
1. Why am I receiving this notice?
Federal law requires us to send you this notice because it is likely the settlement in this case will
affect your legal rights. This notice will tell you about the court case, the proposed settlement we agreed
to, and what to do if you agree or disagree with the settlement. You have a right to get this information
and give your opinion before the Court decides whether or not to approve the proposed class settlement.
The Court in charge of the case is the United States District Court of the Northern District of, California.
United States District Court Judge Lucy Koh is the judge overseeing the case.
2. What is this case about?
In this case, seven (7) households (Plaintiffs) who have section 8 vouchers argued that HACSC
violated the law because it did not increase their voucher size to accommodate the Plaintiffs or their
family member’s disability. All of the Plaintiffs have persons who need a separate bedroom because of
their disabilities. All of the Plaintiffs had documented that a separate room was necessary.
3. Why is this a class action?
In a class action, one or more people called class representatives sue on behalf of all people who
have similar claims (a “class”). The Class Representatives in this case are THANH HUYNH, VENUS
BENABIDES; RUDY GARCIA; LYNDA GOMES; NICHOLAS WALLACE, a minor, by his guardian
ad litem, LYNDA GOMES; LILLIE WARE, STEPHEN JONES a minor, by his guardian ad litem,
LILLE WARE; DEHAB HAILE; and FREIHIWET TESFAMARIAM. Usually, class actions happen
when the same issue affects a lot of people and it wouldn’t make sense for everyone to file their own
lawsuit.
4. Why is there a settlement?
The case did not get decided by the Court. Instead, the Plaintiffs and HACSC came to a settlement
agreement. This does not mean that HACSC admits that they did anything wrong. The Plaintiffs and
their attorneys think the settlement is fair and is in the best interests of everyone.
5. What are the terms of the settlement?




The settlement requires HACSC to change its policies related to disability-related reasonable
accommodation requests for an additional bedroom subsidy. Specifically, HACSC agreed that it
will no longer consider the living room as a bedroom when it is considering reasonable
accommodation requests. The settlement also requires that HACSC staff receive training on this
new policy. The settlement further provides that individuals with permanent disabilities that
require their own bedroom will not have to periodically re-certify the need for the additional
bedroom. You will be contacted by HACSC in writing with respect to your request for an
additional bedroom and should you continue to need and request an additional bedroom, a
determination will be made about whether your voucher will be changed to allow for the
additional bedroom; when you are contacted by HACSC, you will be advised about your rights
during this reasonable accommodation request process.
The settlement awards money damages to everyone on the list below. The total amount of
money damages for the class is $3,200,000.
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



The money damages will be split up based on many factors including: how much a household’s
rent increased without the voucher increase, when a household requested a reasonable
accommodation, and whether a household became homeless because they did not get a voucher
increased.
The attorneys who represented the Plaintiffs will be awarded $712,500 for their work on the
case. This amount is in addition to the damages mentioned above and will not come out of those
damages.

6. How much should I expect to get?
A.

The chart below shows your minimum money damages amount by voucher number.

Voucher No. Damages
000197212
$1,944
000197265
$21,941
000197500
$4,944
000197869
$17,090
000198260
$15,011
000199241
$7,623
000199332
$25,406
000199633
$7,933
000199728
$17,090
000199885
$11,531
000200103
$10,733
000200216
$25,406
100000284
$10,461
100000772
$17,783
100001249
$8,871
100001266
$11,797
100001346
$11,265
100001418
$11,265
C00100648
$5,358
C00101364
$19,862
C00101992
$23,327
C00103655
$7,982
C00103943
$6,248
C00104506
$11,047
C00104556
$25,406
C00105360
$9,994
C00111289
$13,297
C00113865
$9,137
C00114104
$4,710
C00118524
$10,999
C00120206
$9,403
C00123154
$5,358
C00131190
$24,020

Voucher No. Damages
C00184801
$25,406
C00184977
$10,467
C00185000
$9,994
C00185071
$17,090
C00185237
$11,797
C00185416
$9,994
C00185576
$12,910
C00185657
$16,397
C00185672
$8,686
C00185675
$4,944
C00185864
$18,476
C00185915
$11,531
C00185932
$9,765
C00185990
$6,057
C00186111
$7,541
C00186176
$18,476
C00186189
$7,170
C00186221
$2,816
C00186249
$7,475
C00186546
$7,807
C00186648
$24,713
C00186754
$9,547
C00186762
$23,327
C00186791
$25,406
C00187039
$12,910
C00187137
$21,248
C00187326
$24,020
C00187546
$23,327
C00187569
$24,713
C00187778
$11,531
C00187861
$13,614
C00187885
$11,797
C00187906
$24,713
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Voucher No. Damages
C00190789
$11,088
C00191117
$916
C00191137
$9,994
C00191181
$10,733
C00191446
$8,605
C00191788
$9,403
C00191975
$25,406
C00192404
$9,403
C00192431
$25,406
C00192472
$25,406
C00192543
$9,137
C00192645
$21,248
C00192649
$6,788
C00192774
$15,704
C00192821
$5,682
C00192855
$25,406
C00192956
$9,536
C00192991
$24,020
C00193005
$3,831
C00193149
$9,994
C00193276
$16,397
C00193383
$12,910
C00193454
$9,935
C00193527
$11,422
C00193580
$10,798
C00193683
$11,797
C00193801
$24,020
C00193900
$11,531
C00193945
$20,555
C00194017
$4,158
C00194062
$14,318
C00194604
$21,941
C00195013
$9,669

C00132442
C00138302
C00147582
C00148321
C00149746
C00155002
C00155879
C00156783
C00157447
C00157713
C00183166
C00183490
C00183603
C00183671
C00183689
C00183889
C00184025
C00184314
C00184403
C00184407
C00184540
C00184546
C00184559
C00184698
C00184752
C00184784

$4,573
$11,531
$15,011
$25,406
$9,536
$14,318
$10,467
$15,704
$17,783
$7,170
$7,017
$24,713
$17,783
$23,327
$8,871
$8,605
$7,689
$25,406
$21,941
$9,994
$9,137
$24,020
$7,982
$9,536
$4,944
$25,406

C00187987
C00187998
C00188005
C00188029
C00188114
C00188171
C00188261
C00188275
C00188391
C00188488
C00188773
C00189132
C00189404
C00189683
C00189713
C00189784
C00189935
C00190028
C00190291
C00190316
C00190433
C00190482
C00190580
C00190606
C00190711
C00190729

$15,011
$9,994
$2,079
$2,442
$25,406
$5,358
$5,034
$11,797
$8,686
$8,605
$24,020
$20,555
$25,406
$24,713
$18,476
$5,358
$9,994
$22,634
$25,406
$21,941
$17,783
$17,783
$19,862
$9,994
$16,397
$6,574

C00195076
C00195214
C00195259
C00195445
C00195516
C00195606
C00195822
C00195975
C00196065
C00196230
C00196450
C00196455
C00196456
C00196529
C00283413
C00283858
C00285430
C00285884
C00289235
C00294397
C00185376
C00156977
C00190266
C00117495
C00193425

$24,020
$15,704
$9,078
$8,686
$24,713
$6,574
$9,702
$9,307
$8,686
$25,406
$22,634
$17,783
$9,307
$21,248
$8,073
$19,862
$2,079
$9,994
$10,798
$9,137
$24,020
$25,406
$24,713
$24,713
$20,555

If your voucher number is not on the list contact the claims administrator KCC at the number listed in
section 14 below for more information.
B. You may also be entitled to more money damages if you were homeless between July 1, 2013, and
June 8, 2016. To make a claim for additional damages based on homelessness:
1.
Complete the attached “Claim Form” and mail it to the address provided on the form.
2.
Mail the “Claim Form” postmarked no later than ___________
3.
Carefully follow the instructions on the “Claim Form.”
C. You may get more money damages if not all of the class members collect their allocated damages.
7. What if I want to stay a part of the case but I don’t agree with some parts or all of the
proposed settlement?
You have a right to tell the Court your opinion on the proposed settlement. To do this you must:
1.
Complete the attached “Objection Form” and mail it to the addresses provided on the
form.
2.
Mail the “Objection Form” postmarked no later than ___________.
3.
Carefully follow the instructions on the “Objection Form.”
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8. How do I object to the settlement in person?
The Court will hold a Fairness Hearing on December 15, 2016, at 1:30 p.m. at the United States
District Court, Northern District of California, Courtroom 8, 4th Floor, 280 South First Street, San Jose,
California, 95112. At this hearing, the Court will consider whether the proposed settlement is fair,
reasonable and adequate. If there are objections, the Court will consider them. The Court may listen to
people who have asked to speak at the hearing. We do not know when the Court will make a decision on
the request to approve the settlement.
9.

Do I have to come to the Fairness Hearing?

No. You only have to come to the Fairness Hearing if you want to object to the settlement in
person. Remember, you can also submit your objection in writing by taking the steps above.
10.

What happens if I do nothing at all?

If you read the notice and decide you agree with the settlement, you don’t have to do anything.
If the Court decides that the settlement is fair, then you will be bound by the agreement and will receive
the minimum money damages discussed above. This also means that you cannot sue the Housing
Authority in the future regarding this same issue.
11. Do I have an attorney in this case?
Yes. The Court has appointed the Law Foundation of Silicon Valley to represent the Class. If
you want to be represented by your own attorney, you can hire one at your own expense.
12. How will the attorneys be paid?
Attorneys for the Class will request payment from the settlement of the case in an amount up to
$712, 500. This amount is separate from the $3.2 million in damages awarded to the class.
13. Where can I get more information?
If you have questions about this Class Settlement or this Notice, contact KCC LLC, the claims
administrator for this lawsuit. KCC’s address for this lawsuit is P.O. Box 40007, College Station,
TX, 77842-4007. The toll free telephone number is [phone].
The complete terms of the settlement are at: www.lawfoundation.org/HACSCsettlement
You can also look the case up on the Court’s website here: https://ecf.cand.uscourts.gov
14. What if I am not sure if I am a member of the class?
If you are not sure whether you are a class member, you can call the Claims Administrator KCC
LLC at P.O. Box 40007, College Station, TX, 77842-4007. The toll free telephone number is (888)
685-2279.
PLEASE DO NOT CALL THE COURT
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