Information for Residents of Foxcroft Apartments
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Jury Trial on Motion for Contempt - Week of January 9, 2023
Plaintiffs have filed a Motion for Contempt and a Supplement to the Motion for Contempt which allege that the Foxcroft enjoined Defendants accepted rent payments in violation of the Temporary Injunction. The Foxcroft Defendants responded to the Motion for Contempt and have demanded a jury trial on the Motion.
The jury trial on the Motion for Contempt is set to take place the week of January 9, 2023.
Defendants' Motion to Dismiss
The Foxcroft Defendants filed a Motion to Dismiss the lawsuit against them. The Court heard arguments from counsel for Foxcroft and Plaintiffs on November 28, 2022.
On December 2, 2022, the Court entered its Order allowing Plaintiffs to proceed in their lawsuit against Foxcroft for Breach of Contract and Negligence Per Se. Plaintiffs' claims for Breach of Fiduciary Duty, Public Nuisance and Private Nuisance were dismissed by the Court.
Amended Temporary Injunction
On June 24, 2022, the Court modified the Temporary Injunction granted on January 25, 2022. Below is a summary of the Amended Temporary Injunction.
If a unit is without heat:
Foxcroft cannot charge rent or any type of fees (including late fees) to tenants who live in units without heat. It does not matter that a tenant may not be using heat. If a unit is not capable of heat, Foxcroft cannot collect rent payments from the unit’s tenant(s) and cannot evict the unit’s tenant(s) for not paying rent. A tenant in a unit without heat can freely and without consequence break their lease at any point before heat is restored to their unit.
If heat is restored to an occupied unit:
If Foxcroft fixes the heat for a unit that is occupied, it must inform the tenant(s) of the unit in writing that heat has been restored and that it will start collecting rent on either August 1, 2022, or 30 days from the date written notice was provided, whichever date is later. Tenants do not need to pay Foxcroft anything prior to this date. If the date provided is not on the first of the month, rent will be prorated for that month.
Example: On July 13, Foxcroft informs a tenant in writing that heat has been restored to their unit. Thirty days from July 13 is August 12. Since August 12 is later than August 1, Foxcroft cannot begin collecting rent until August 12. Since August 12 is not the first of the month, rent for August will be prorated. The tenant will only pay rent for August 12-31.
If heat is restored to an unoccupied unit:
If heat is restored to an unoccupied unit, Foxcroft and the new tenant can come to their own agreement about the payment of rent.
Foxcroft must set money aside to fix heat:
Whenever Foxcroft is able to start collecting rent from tenants, it must deposit the rent money into a separate bank account. Foxcroft must use the money in that bank account only for fixing gas and heat in the units. Foxcroft must deposit rent money into this separate account until it has deposited $150,000.00 into the account and until it has restored heat to all of the units.
If residents have questions, please contact Attorney Ryan Owens (405-603-5080) or Attorney Christopher Cotner (405-709-4441).