Welcome to the Settlement Website for the Simien v Baybrook Village et al

If you were a residential tenant at Baybrook Village Apartments located in Webster, Harris County, Texas between June 1, 2015, and September 30, 2017, and were charged and paid Water/Sewer Base Fees, this class action lawsuit may affect your rights.

• Paul Simien (“Plaintiff”), a tenant at an apartment building (“Baybrook Village Apartments”) in Webster, Texas, which Plaintiff alleges was owned and managed by Defendants Mosaic Baybrook One, L.P., Mosaic Baybrook Two, L.P. and Mosaic Residential, Inc. (collectively, “Defendants”) sued the Defendants.
• Plaintiff alleges in the lawsuit that Defendants violated the Texas Water Code and PUC Rules by charging and collecting a “Water/Sewer Base Fee” that includes hidden non-water and non-wastewater charges for Fire, EMS, and Law Enforcement. The rules state that owners may not include non-water and non-sewer charges in their water and sewer billing to tenants.
• Under Texas law, a tenant may recover statutory damages equal to all overcharges, a civil penalty of one month’s rent per violation, and reasonable attorney’s fees. Plaintiff is suing for those statutory amounts, as well as pre-judgment and post-judgment interest, and costs of court for himself and the Class.
• On September 10, 2018, the Court signed an order granting Plaintiff’s motion for partial summary judgment finding that Defendants are liable under the Texas Water Code for charging unlawful water surcharges in the form Fire, EMS, and Law Enforcement fees.
• On October 24, 2018, the District Court heard Plaintiff’s motion for class certification, and ruled that the lawsuit can proceed as a “class action” on behalf of a “Class” of tenants. Individuals are Class Members if they fit this definition:

All Texas residents who, during the Class Period [ June 1, 2015, through September 30, 2017 ], (i) are or were tenants at Baybrook Village apartment house in Harris County, Texas, and (ii) were charged and paid a “Water/Sewer Base Fee” of more than $20.

• According to Defendants’ records, you are potentially a member of the Class.
• There are certain exclusions from the definition, which are explained in Section 6 of FAQ page.
• Based on data provided by Defendants, the Class may consist of hundreds of current and former Baybrook Village Apartments lease tenants. This Notice is being sent to all potential Class Members to inform them of their rights.
• There is no money available to you now, and no guarantee there will be. However, your legal rights are affected. You have two options at this point: