In a class action lawsuit, one or more people or businesses called “Class Representatives” sue on behalf of others who have similar claims. All of the people or businesses who have similar claims are a “class” or “class members” if the class is certified by the Court. Individual class members do not have to file a lawsuit to participate in the class action settlement or be bound by the judgment in the class action. One court resolves the issues for everyone in the class, except for those who exclude themselves from the class, as explained in FAQ 30.

This class action is called Johnson, et al v. The Real Property Known as 5338 Selinsky, et al.  Case No. 2017-10307 and is pending in the165th Judicial District of Harris County, Texas.  Judge Ursula Hall is overseeing this class action.

Plaintiffs filed a lawsuit claiming certain theories of alleged wrongful conduct by Defendants: The lawsuit focuses on alleged injuries and damages residents of the Crestmont Apartments suffered while living on the premises. The lawsuit alleges that the Defendants: (i) breached their contracts with tenants, (ii) defrauded tenants, (iii) breached the warranty of habitability, (iv) breached the warranty of implied quiet enjoyment, (v) were negligent and negligent per se, (vi) violated the Deceptive Trade Practices Act, (vii) unlawfully interrupted utilities, (viii) constructively evicted tenants, (ix) failed to remedy or repair the premises, and (x) negligently misrepresented tenants. Defendants denies these allegations and denies any liability whatsoever.

The issuance of the Notice and this website is not an expression of the Court’s opinion on the merit or the lack of merit of any of Plaintiffs’ claims or Defendants defenses in the lawsuit. The Court has not decided who is right or wrong. Instead, both sides have agreed to a Settlement to avoid the risk and cost of further litigation.

For information about what has happened in the lawsuit to date, and about the additional litigation referenced herein, you can access the Settlement Agreement and other case documents here.

The Court did not decide in favor of the Plaintiffs or Defendants. Instead, some of the parties have agreed to the Settlement. Both sides want to avoid the risk and cost of further litigation. Plaintiffs and Class Counsel also believe that the Settlement is in the best interests of the Settlement Class.

You are a member of the Settlement Class if you are in the United States and lived at the Crestmont Village Apartments, between October 1, 2022 and October 31, 2022 and The City of Houston ordered you to move out of your home due to the uninhabitable conditions of the apartment complex, and you have fit in either of these descriptions as a tenant, (herein “description of class member”) :

Household 1:

You are an identified plaintiff in the action with cause number 2017-10307 and You lived at the Crestmont Village Apartments on or about October 1, 2015- October 30, 2015, under a written lease; and and you were present on the premises when The City of Houston ordered you to move out of your home due to the uninhabitable conditions of the apartment complex; and You were relocated by the City of Houston; and You suffered loss of belongings because of the uninhabitable conditions and being forced to move out

Household 2:

You lived at the Crestmont Village Apartments on or about October 1, 2015- October 30, 2015, under a written lease; and you were present on the premises when The City of Houston ordered you to move out of your home due to the uninhabitable conditions of the apartment complex and you were relocated by the City of Houston; and You suffered loss of belongings because of the uninhabitable conditions and being forced to move out.

If you are still not sure if you are included in the Settlement Class, please review the detailed information contained herein and in the Settlement Agreement. You may also contact the Class Counsel  at classaction@roxellrichards.com or call 1-713-974-0388.

Even if you did not receive a mailed or emailed notice, you may be part of the Settlement Class if you fit the description of a Settlement Class Member (see FAQ 5). If you are still not sure if you are included in the Settlement Class, please review the detailed information contained herein and in the Settlement Agreement. You may also contact the Class Counsel  at classaction@roxellrichards.com or call  at 713-974-0388.

The Settlement provides monetary payments to eligible Settlement Class Members who submit a valid Claim Form on or before September 1, 2022.

Please see FAQ 12 on how to submit a Claim Form.

If the Court approves the Settlement, Defendants will pay $116,500.00 to create a Settlement Fund. The money remaining in the Settlement Fund after paying settlement administration and notice costs, the award of attorneys’ fees and expenses to Class Counsel by the Court (“Fee and Expense Award”), and any Service Payments to Plaintiffs ordered by the Court, is called the “Net Settlement Fund.” The Net Settlement Fund will be distributed to Settlement Class Members who submit a valid Claim Form on or before September 1, 2022.

Eligible Settlement Class Members can submit a Claim Form for the following claims:

Each member must meet each of the following items within the  category

(1). Household Claim 1 (loss of belongings):  if You (a) lived at the Crestmont Village Apartments during the period of October 1, 2025, and October 30, 2015, under written lease and (b) the City of Houston ordered you to move out of your home due to the uninhabitable conditions of the apartment complex and (c) you were relocated by the City and (d) you suffered loss of belongings and (e) you are an identifiable tenant (on the list by City of tenants or an identifiable plaintiff in the  cause number 2017-10307 and on the list by the City

• For example, if you lost your personal belongings such as clothing, food, pictures, and other perishable items such as food as a result of being forced to move, your claim will be treated as a loss of belongings claim for $1000.00

note:  tenant 2 sufficient proof:  you must submit acceptable proof of medical records reflecting symptoms from the exposure to the inhabitable conditions of the apartment complex.

Additional disclosures: 

– The amount paid to each Class Member who submits a Claim Form will depend on (i) the number of valid claims submitted, (ii) the total costs of administering the Settlement and providing notice to the Class Members, (iii) the amount of the Fee and Expense Award, and (iv) any Claim Payments to Plaintiffs approved by the Court.

–  No one knows in advance how much each valid claim payment will be until the deadline for submitting claims passes and the Court approves the Fee and Expense Award and Claim Payments.

– Since many people might submit claims, it is possible that you will receive less money than what is described above. Any reduction in how much money you might receive will be governed by the terms and conditions of the Settlement Agreement.

To make a claim and receive a payment, you must complete and submit a Claim Form online by September 5, 2022, or by mail postmarked by September 5, 2022. Please read the instructions on the Claim Form carefully.

A Claim Form can be filed quickly and easily online here, but if you wish to mail in the Claim Form, you may download a copy here or call toll-free and request a Claim Form be sent to you at 713-974-0388.

If you plan to mail in a Claim Form, then please type or legibly print all requested information, in blue or black ink. Mail your completed Claim Form, including any supporting documentation, by U.S. Mail to:
In Re: Crestmont Class Action
c/o Settlement Administrator
6420 Richmond Avenue ste. 135
Houston, Texas 77057

If you have any questions regarding the process to submit your Claim Form, you may obtain assistance by emailing the Class Counsel at classaction@roxellrichards.com or by writing to Class Counsel at the above address.

After the Settlement is approved and becomes final, if you have a valid claim (as determined by the Class Counsel) you will receive an email at the email address you provided in the Claim Form, prompting you to select how you’d like to be paid. You can receive your payment via a variety of digital options such as digital debit card or PayPal, or you can elect to receive a check.

With the Claim Number in the Notice you received, you can easily submit your Claim online here, and the website will direct you to the appropriate Section(s) of the Claim Form you must complete. These are people whom we have already pre-determined to have met the qualifications, however, the claim will not be valid until approved and you submitted your claim.

If you plan to mail in a Claim Form, then please type or legibly print your Claim Number and other requested information, in blue or black ink. Mail your completed Claim Form, including any supporting documentation, by U.S. Mail to:
In Re: Crestmont Class Action
c/o Class Counsel
6420 Richmond Avenue ste. 135
Houston, Texas 77057
If you have any questions regarding the process to submit your Claim Form, you may obtain assistance by emailing the Class Counsel  at classaction@roxellrichards.com, or by writing to Settlement Administrator at the above address. 

If you do not have a Claim, you can easily submit your Claim online here and the website will direct you to the appropriate Section(s) of the Claim Form you must complete.

If you plan to mail in a Claim Form, then please type or legibly print your Claim Number and other requested information, in blue or black ink. Mail your completed Claim Form, including any supporting documentation, by U.S. Mail to:
In Re: Crestmont Class Action
c/o Class Counsel
6420 Richmond Avenue ste. 135
Houston, Texas 77057

If you have any questions regarding the process to submit your Claim Form, you may obtain assistance by emailing the Class Counsel at classaction@roxellrichards.com, or by writing to Class Counsel at the above address.

If you are still unable to submit a claim online, it may be because only one claim can be filed per Claim Number, and a claim has already been submitted for the Claim Number so you do not need to submit another claim.

If you have any questions regarding the process to submit your Claim Form, you may obtain assistance by emailing Class Counsel at classaction@roxellrichards.com, or by writing to Class Counsel at:
In Re: Crestmont Class Action
c/o Settlement Administrator
6420 Richmond Avenue ste. 135
Houston, Texas 77057

If I have questions regarding the process, what do I do?
If you have any questions regarding the process to submit your Claim Form, you may obtain assistance by emailing the Class Counsel  at classaction@roxellrichards.com, or by writing to the Class Counsel  at:
In Re: Crestmont Class Action
c/o Class Counsel 6420 Richmond Avenue ste. 135
Houston, Texas 77057

You may be an unregistered Class Member, and therefore you must complete the applicable Sections of the Claim Form and include with your claim reasonable documentation demonstrating your qualifications as a tenant as described above, such as your current lease when you moved and a past identification showing the address of Crestmont or a bill.

If you are an unregistered Class Member (see FAQ 18) and do not include with your claim reasonable documentation demonstrating you lived at Crestmont, and where you moved subsequent to the Court’s order forced evacuation, your claim will be denied. 

After the Settlement is approved and becomes final, if you have a valid claim (as determined by the Class Counsel), you will receive an email, at the email address provided in your claim, after Final Approval, prompting you to select how you’d like to be paid. You can receive your payment via a variety of digital options such as digital debit card or PayPal, or you can elect to receive a check.

No. If you submit a valid written request to be excluded from the Settlement Class, you will not be a part of the Settlement and you will not be eligible to make a claim for a payment. For further information about how to opt out of the Settlement, please see FAQ 30.

Yes. Objecting is telling the Court that you do not like something about the Settlement while remaining in the Settlement Class and being subject to the Settlement. You may choose to file a claim online here. For further information about how to object to the Settlement, please see FAQ 32.

Unless you exclude yourself, you will remain in the Settlement Class. Remaining in the Settlement Class means that you cannot sue, continue to sue, or be part of any other lawsuit against the Defendants that makes claims based on the facts and legal theories alleged in this case or any of the business practices Defendants  adopts pursuant to the Settlement Agreement. It also means that all of the Court’s orders will apply to you and legally bind you. The Released Claims are detailed in the Settlement Agreement.

If you do nothing, you will remain a member of the Settlement Class and be bound by the Settlement. However, if you were eligible to share in the Net Settlement Fund but do not submit a claim, you will not receive a payment. 

If you submit a Claim Form by September 5, 2022, and the Court approves the Settlement and orders payment to Settlement Class Members, you will receive payment about 60 days after the Court grants Final Approval of the Settlement, assuming that no one files an appeal challenging the Settlement.

The Court has appointed (1) Roxell Richards and Associates, PLLC   as Class Counsel. Their contact information is:
Roxell Richards Law Firm
6420 Richmond Ave. drive ste. 135
Houston, Texas 77057
713-974-0388 (office)
713-974-0003 (fax)
classaction@roxellrichards.com

You do not need to hire a lawyer because Class Counsel is working on your behalf.

If you wish to pursue your own lawsuit separate from this one, or if you exclude yourself from the Settlement, these lawyers will no longer represent you. You will need to hire a lawyer if you wish to pursue your own lawsuit against the defendants.

Class Counsel intend to seek $14,000.00 as attorneys’ fees and is waiving her  for reimbursement of expenses. The Court will make the final decision as to the amounts to be paid to the Class Counsel and may award amounts different than the requested amounts. If awarded, these amounts will be deducted from the Settlement Fund before making payments to Class Members. You will not have to pay any fees or expenses.

If you are a member of the Settlement Class, do not want monetary benefits, and do not want to be legally bound by the terms of the Settlement, you must exclude yourself (or opt out) from the Settlement Class.

This requires submitting a written request to the Class Action Attorney stating your intent to exclude yourself from the Settlement.
Your Request for Exclusion must include the following:

      a. Your name, address, and email address;
      b. Your physical signature
      c. The name and number of this Action (i.e., In re: Johnson, et al v. The Real Property
          Known as 5338 Selinsky, et al , Case No.2017-10307 ); and
      d. A statement that you wish to be excluded from the Settlement Class for purposes of this Settlement. Requests made on behalf of more than one Settlement Class Member are not allowed.
      e. You must mail your Request for Exclusion to the following address:
Roxell Richards Law Firm c/o Class Action
6420 Richmond Ave. drive ste. 135
Houston, Texas 77057
713-974-0388 (office)
713-974-0003 (fax)
classaction@roxellrichards.com

     f. You may also email your Request for Exclusion as an attachment to an email to the following email address: classaction@roxellrichards.com
     g. Requests for Exclusion must be postmarked by or emailed by April 1, 2022.
     h. If you submit a valid written request to be excluded from the Settlement Class, you will not be a part of the Settlement, you will not be eligible to make a claim for payment, will not be bound by the Final Order and Judgment entered in the Action, and will not be precluded from bringing any other claim against Defendants based on the conduct complained of in the Action.
   i. If you submit both a Request for Exclusion and an Objection to the Settlement, your Objection will not be considered, and you will be deemed to have requested exclusion from the Settlement.

No. Unless you exclude yourself, you give up the right to sue Defendants for any claims that are released by the Settlement Agreement. If you have a current lawsuit against the Defendants, speak to your lawyer in that lawsuit immediately to determine whether you must exclude yourself from the Settlement Class to continue your own lawsuit against the Defendants. 

If you are a Settlement Class Member and have not excluded yourself from the Settlement, you can ask the Court to deny approval by filing an objection. You can’t ask the Court to order a different settlement; the Court can only approve or reject the settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object.

Any objection to the proposed Settlement must be in writing. If you file a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney.

All written objections and supporting papers must (a) clearly identify the case name and number (In Re: Johnson, et al v. The Real Property Known as 5338 Selinsky, et al , Case No. 2017-10307), (b) be submitted to the Court either by mailing them 165th District Court Harris County, Texas, 201 Caroline, 12th Floor Houston, Texas 77002 , or by filing  in person at any location of the 201 Caroline, 12th Floor Houston, Texas 77002, and (c) be filed or postmarked on or before April 1, 2022.

Your Objection should include:

1. Your name, address, and email address;
2. An explanation of the basis upon which you claim to be a Settlement Class Member;
3. Whether the objection applies only to you,  or the entire Settlement Class;
4. All grounds for the objection, including all citations of legal authority and evidence supporting the objection;
5. The name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with the preparation or submission of the objection or who may profit from the pursuit of the objection, who must enter an appearance with the Court in accordance with the Local Rules; and
6. A statement indicating whether you intend to appear at the Final Approval Hearing (either personally or through attorney).

If you do not timely make your objection, you will be deemed to have waived all objections and will not be entitled to speak at the final approval hearing.

Objecting is telling the Court that you do not like something about the Settlement while remaining in the Settlement Class and being subject to the Settlement. You can object only if you do not exclude yourself from the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class or the lawsuit as outlined in FAQ 30. If you exclude yourself, you are no longer a member of the Settlement Class and you do not have a right to share in the Settlement’s proceeds or to object because the Settlement no longer affects you.

The Court has preliminarily approved the Settlement and will hold a hearing to decide whether to give final approval to the Settlement on October  5, 2022 at 9:30 a.m. The Final Approval Hearing will be held via Zoom. You can attend the hearing using the below credentials:  check back here for zoom details.

At the Final Approval Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate to Settlement Class Members. The Court will also consider whether to approve the requested Fee Award for Class Counsel, and Service Awards for Plaintiffs. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the Final Approval Hearing. The Court will then issue decisions on these issues; we do not know how long those decisions will take.
Please note that the date of the Final Approval Hearing may change without further notice to the class. You should check this website or at  https://www.hcdistrictclerk.com/Common/Default.aspx   to confirm that the date has not been changed.

No. Class Counsel will attend the Final Approval Hearing and answer any questions the Court may have. However, you are welcome to participate at your own expense. If you send an Objection, you do not have to come to the Final Approval Hearing to talk about it. As long as you submitted your written Objection by September 5, 2022, in accordance with the instruction in FAQ 32, the Court will consider it. You may also pay your lawyer to attend, but it is not necessary.

You may ask to speak at the Final Approval Hearing. If you wish to attend and speak at the Final Approval Hearing you are free to do so, whether or not your file an Objection, or whether you wish to comment or speak in support of the Settlement.

In order to speak at the hearing, you may request to do so at the Final Approval Hearing, or by filing a “Notice of Intention to Appear” with the Court prior to the Final Approval Hearing.

Such requests must (a) clearly identify the case name and number (In Re: In Re: Johnson, et al v. The Real Property Known as 5338 Selinsky, et al, Case No. 2017-10307), (b) be submitted to the Court either by mailing them to the Class Action Clerk,165th District Court Harris County, Texas, 201 Caroline, 12th Floor Houston, Texas 77002, or by filing them in person at any 165th District Court Harris County, Texas, 201 Caroline, 12th Floor Houston, Texas 77002 with the Court.

You can also indicate that you wish to speak at the Final Hearing in your written objection. If you plan to have your attorney speak for you at the hearing, your objection should also include your attorney’s name, address, and phone number.

If you have submitted a Request for Exclusion from the Settlement, however, you may not speak at the Final Approval Hearing because the Settlement no longer affects you.

If, after you submit a Claim Form, you change your postal or email address, it is your responsibility to inform the Class Counsel of your updated information. You may do so either using this website here, or by mail at the address below:
In Re: Crestmont Village
Roxell Richards Law Firm
6420 Richmond Ave. drive ste. 135
Houston, Texas 77057
713-974-0388 (office)
713-974-0003 (fax)
classaction@roxellrichards.com

Please provide your Claim Number from your Notice, or Confirmation Code from your online Claim Form.
Do NOT use the form to update your contact information if you have not filed a Claim Form either online or via mail.

This website summarizes the proposed Settlement and does not cover all of the issues and proceedings that have occurred. For the precise terms and conditions of the Settlement, please see the Settlement Agreement, which can be found along with other important documents on the Important Documents page. This website will also provide information about the current status of the case. You may also contact class counsel the Law Office at classaction@roxellrichards.com or 713-974-0388.
To see the complete file for the Action, you may access the Court docket in this case, for a fee, through the Court’s  system at https://www.hcdistrictclerk.com/  or by visiting the office of the Clerk of the Court for the United States District Court for the165th District Court Harris County, Texas, 201 Caroline, 12th Floor Houston, Texas 77002 , between 9:00 a.m. and 5:00 p.m., Monday through Friday, excluding Court holidays.

PLEASE DO NOT CONTACT THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.