Current and former Vivmark tenants can contact the attorneys at hpmjustice.com/vivmarktenants.

 

Washington, D.C.—As housing affordability continues to impact renters across the United States, public interest law firms Halperin Petersen & Mikkilineni LLP (HPM), Tycko & Zavareei LLP, and Migliaccio & Rathod LLP today sued the country’s largest landlord, Vivmark, and certain subsidiaries and affiliates (“Vivmark”) for allegedly charging renters illegal junk fees for services it is required to provide by law. Vivmark is the company resulting from the merger between Equity Residential and AvalonBay Communities. The class-action lawsuit, filed in D.C. Superior Court, alleges that Vivmark—which manages more than 5,300 units in D.C.—charged renters illegal junk fees for services such as locks, providing hot water from the building’s boiler, removing trash, and sending monthly utility bills. 

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Washington, D.C. has one of the country’s most expensive housing markets. The District requires landlords to provide habitable housing in exchange for rent, and bars them from charging separate fees for services the implied warranty of habitability and D.C.’s Housing Code already require them to include in rent. In 2026, the D.C. Council confirmed that this prohibition was always intended to cover fees for locks, trash, certain utilities, and third-party billing administration. Despite this prohibition, Vivmark allegedly charged tenants living in at least eight D.C. properties numerous, illegal junk fees for these services on top of their base rent.  

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“D.C. housing is expensive enough—but as this lawsuit alleges, Vivmark added insult to injury by adding illegal junk fees on top of monthly rents,” said Tara Mikkilineni, founding partner at HPM. “The law in D.C. is clear that certain services—like locks and trash collection—must be provided to tenants as part of their rent. Thousands of D.C. renters may have been illegally charged junk fees.” 

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“We are honored to continue representing tenants in the District of Columbia against unfair and deceptive junk fee practices,” said Peter Silva, of counsel at Tycko & Zavareei.  

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Defendant Vivmark Residential is a Maryland real estate investment trust (REIT) with dual headquarters in Chicago, Illinois and Arlington, Virginia. It is the successor by merger of two REITs, Avalon Bay and Equity Residential. Through its numerous subsidiaries and affiliates, including Defendants ERP Operating Limited Partnership and Vivmark Residential Management, LLC, Vivmark owns and manages, more than 180,000 rental units, including over 5,300 units in D.C. It manages the following buildings: 100K Apartments; 1210 Mass Apartments; 1500 Mass Apartments; 2400 M Apartments; 2501 Porter Apartments; 3003 Van Ness Apartments; 425 Mass Apartments; 455 Eye Street Apartments; Alban Towers Apartments; Connecticut Heights Apartments; The Flats at Dupont Circle Apartments; Park Connecticut Apartments; Reverb Apartments; AVA Van Ness; Avalon at Foxhall; The Statesman; Eaves Tunlaw Gardens; and Eaves Glover Park.  

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Plaintiff Sam Mather is a former tenant of 2501 Porter Apartments, a Vivmark property where he lived from 2021 until January 2026. The lawsuit alleges that Vivmark charged Mr. Mather numerous, illegal junk fees, including a “Monthly Technology Fee” for the ability to digitally lock and unlock his unit, access his thermostat, and use an online portal where tenants must make service requests and pay rent—features that Vivmark installed and required tenants to use. Similarly, the lawsuit alleges that Vivmark has charged tenants for certain utilities and services, including water heating through a central boiler; trash; and utility billing. District law prohibits charging tenants additional money for these basic services. 

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The lawsuit alleges that Vivmark violated the D.C. Consumer Protection Procedures Act through its illegal lock fees, trash fees, boiler fees, and utility billing fees. The lawsuit seeks a jury trial, damages, and disgorgement of ill-gotten gains.  

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Click here to view the complaint in the case, Mather v. Vivmark et al. 

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 If you are a current or former tenant at a Vivmark property in D.C., and would like to discuss your legal options with the attorneys, contact them here. Vivmark manages the following buildings: 100K Apartments; 1210 Mass Apartments; 1500 Mass Apartments; 2400 M Apartments; 2501 Porter Apartments; 3003 Van Ness Apartments; 425 Mass Apartments; 455 Eye Street Apartments; Alban Towers Apartments; Connecticut Heights Apartments; The Flats at Dupont Circle Apartments; Park Connecticut Apartments; Reverb Apartments; AVA Van Ness; Avalon at Foxhall; The Statesman; Eaves Tunlaw Gardens; and Eaves Glover Park. 

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For more information or to schedule an interview, contact press@hpmjustice.com, ben@tzglasser.com; or info@classlawdc.com.  

 

Halperin Petersen & Mikkilineni (HPM) is a litigation firm built by former CFPB Enforcement leaders to hold the powerful accountable for exploiting workers, consumers, and small businesses. HPM brings cutting-edge legal firepower to strategic litigation against predatory corporate practices and abuses of power that burden people with debt.  

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Tycko & Zavareei LLP (TZ) is home to an exceptional team of attorneys whose pedigree is unmatched in the plaintiffs' bar. TZ has recovered hundreds of millions of dollars on behalf of consumers and whistleblowers nationwide.  

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Migliaccio & Rathod LLP is a plaintiffs’ firm that fights to vindicate the rights of consumers and workers, and has successfully prosecuted class actions in numerous subject areas, including consumer protection, privacy rights, and wage theft.