Narrative Opinion Summary
The case concerns a class action lawsuit against American Campus Communities, Inc. (ACC) and its subsidiaries brought by former tenants alleging violations of the Texas Property Code. The tenants claim ACC failed to include mandatory statutory language in lease agreements, violating Sections 92.056(g) and 92.006, and seek statutory damages, equitable relief, and injunctive relief. The trial court certified a class action for tenants under ACC leases from October 1, 2014, to March 21, 2018, appointing Brooke Berry, Yael Spirer, and Hailey Hoppenstein as class representatives. ACC filed an interlocutory appeal challenging the class certification, arguing that individual issues predominated and questioning the adequacy and typicality of the class representatives. The appellate court affirmed the trial court’s certification order, finding that common legal and factual issues predominated, supporting class action as a superior method of adjudication. However, the court modified the certification order to exclude claims related to post-2018 leases, due to lack of standing by class representatives for such claims, but upheld certification related to the 2018 lease addendum. The case focuses on whether ACC's lease agreements comply with statutory requirements and the applicability of anti-waiver provisions under the Texas Property Code.
Legal Issues Addressed
Breach of Statutory Anti-Waiver Provision under Texas Property Code Section 92.006subscribe to see similar legal issues
Application: Tenants alleged ACC's omissions restricted landlord duties and tenant rights, seeking damages for knowing violations.
Reasoning: In the second count, 'Breach of Statutory Anti-Waiver Prohibition,' Tenants contended that ACC's omission of the mandated language attempted to restrict its landlord duties and tenant rights, violating Section 92.006.
Class Action Certification under Texas Rule of Civil Procedure 42(a)subscribe to see similar legal issues
Application: The court affirmed the trial court’s decision to certify the class, finding that the requirements of numerosity, commonality, typicality, and adequacy of representation were met.
Reasoning: The trial court denied ACC's summary judgment motion on November 25, 2020, and granted class certification on February 26, 2021, certifying all Texas tenants under ACC leases executed between October 1, 2014, and March 21, 2018.
Modification of Certification Order for Declaratory and Injunctive Reliefsubscribe to see similar legal issues
Application: The court modified the certification order to exclude claims related to post-2018 leases while affirming certification related to the 2018 addendum.
Reasoning: The court modifies the trial court’s certification order to exclude claims related to post-2018 leases while affirming the certification related to the 2018 addendum.
Predominance Requirement in Class Certification under Rule 42(b)(3)subscribe to see similar legal issues
Application: The court found that common legal and factual issues predominated over individual issues, supporting the class action's superiority.
Reasoning: The trial court concluded that common legal and factual issues predominated, justifying its discretion in certifying the class.
Standing and Adequacy of Class Representativessubscribe to see similar legal issues
Application: The court evaluated standing and adequacy of representation, emphasizing that representatives must have live claims to represent the class.
Reasoning: ACC contends that the three class representatives lack standing to challenge post-2018 lease agreements or seek injunctive relief because none are current tenants under an ACC lease.
Strict Liability under Texas Property Code Section 92.056(g)subscribe to see similar legal issues
Application: Tenants claimed ACC violated statutory duties by not including specific language in lease agreements, seeking statutory damages.
Reasoning: Tenants are suing ACC for alleged violations of Texas Property Code, specifically Section 92.056(g), which mandates that leases include specific language regarding tenant remedies.