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The Arbitration Hearing Officer issued a Fact Finding Report detailing her findings and specifying the awards arising from the Arbitration phase. In May 2004, the San José Rental Rights and Referrals Program mailed a copy of this Report to all Petitioners at their last known mailing address. Therefore, any Petitioners who have kept both the Program and me apprised of their current addresses should have received this Report. All parties (the Petitioners and Archstone) had a window of ninety days during which they could “appeal” the findings to the judicial system. The ninety days have elapsed and neither party appealed. Thus, the awards specified in the Report are final and binding on all parties. To my knowledge, Archstone’s attorney has mailed award checks to all eligible Petitioners in late October 2004 or early September 2004. Per the Arbitration decision, I provided Archstone’s attorney with the "last known" mailing address of each Petitioner – thus, if you are a Petitioner due an award but have not received a check yet, it is most likely that you failed to keep me apprised of your current address or there was another problem. Since the checks were sent “return receipt requested”, if no one was home to sign for them and you did not respond in a timely fashion to the Post Office’s notice, your check may have been returned to Archstone. In any case, if you were due a check and have not received it, please contact me at [email protected] and I will tell you who to contact to resolve the problem. Note that to date, Archstone’s attorney has been good about resending checks that were not returned/cashed. There may be some adjustments to awards to account for actual residency dates and rent levels (such adjustments should be evident from the letter accompanying the check). If your award is adjusted and you disagree with the residency dates, rent levels, or resulting award recalculation, please let me know. -Bill Main Ashton Place Residents’ Association Page
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