Charles Coutinho

I am a disabled year old manMy complaint today is the onsite manager ***She lives in the apartments and also has many family members and Friends living here as wellShe bumps the closed waiting list to move her boyfriends family members and her friends into empty aptsI was threatened today by her and one of her friends who also lives hereShe's been persistently harrassing myself and my wifeThere are also other residents who have told me she also harresses them and their kidsShe and her friends give my wife "dirty looks" and stares her down when she's leaving for workA while back my wife had to get ready in the kitchen for months because they wouldn't fix the bathroom outletsAlso, we went all of fall and winter without heat because they would not fix the issueThese are just a few examples of the many things we've endured in our years residency here at Marsh Creek AptsMy wife has to watch her back whenever she walk out of our apt because she fears one of *

Review: On Wednesday, August [redacted], 2013 I attended an open house at [redacted], which was advertised on [redacted] using the following filters: “New York, New York City, apts / housing, all no-fee apartments.” The advertisement made no reference to a fee, however, under the “Fee Disclosure:” it referenced $100 non-refunded credit check fee. Prior to attending the open house, I called the listed, Assistant Property Manager, [redacted] to confirm the verbiage advertised and availability. On Thursday, August [redacted], 2013 I delivered an application, $100 and all requested personal documents to, Assistant Property Manager, [redacted]. [redacted] did not request or produce any additional documents, i.e. The Fee Agreement or The Agency Disclosure Form. I accepted and paid 50% of the monthly rent to secure the unit for a 1 year lease starting September [redacted], 2013. On Wednesday, September [redacted], 2013, Property Manager, [redacted] refused to rent the apartment unless I paid a broker fee of $1,700. This gave me no other option and we began to discuss contingencies. On Thursday, September [redacted], 2013, Property Manager, [redacted] gave me no other option than to pay $1,000 towards the broker fee. In addition, Property Manager, [redacted] required that I pay the lease balance. The aggregate paid for the apartment was $22,875.Desired Settlement: Given that [redacted], LLC misrepresented the fee terms, falsely advertised the apartment, and failed to adhere to New York State laws by not producing documents, including but not limited to, a disclosure form. [redacted], LLC should be responsible for a refund of $1,000 paid on Thursday, September **, 2013 and anticipated interest.

Business

Response:

We deny all the claims, stated by [redacted].

All the move-in costs, including a broker's fee were disclosed to a client upon the first substantive contact. Additionally, when the application was approved, a confirmation email was sent to [redacted], saying that upon her lease signing she would have to submit the necessary payments, the following move-in costs were repeatedly mentioned: first month's, last month's rent, security deposit, and broker's fee. She agreed, and submitted a deposit to secure the unit.

Charles Coutinho LLC is a licensed brokerage firm in the State of New York, and even though apartment hunters are usually aware of broker's fees being charged in New York City, we still clearly state it in our listings (a screenshot of my advertisement is available on request) and emails. We usually post our listings on [redacted] and [redacted], that automatically transfers our listings to multiple platforms, including the [redacted]. Unfortunately, we do not have control over the format of the ad which is presented on other websites.

After all, as per the last claim, the 12 month prepayment was offered by a tenant in order to receive a discount.

Please feel free to contact me should you have any further questions.

Business

Response:

Dear Mediator,

We deny all the claims, stated by [redacted].

All the move-in costs, including a broker's fee were disclosed to a client upon the first substantive contact. Additionally, when the application was approved, a confirmation email was sent to [redacted] on August **, 2013, saying that upon her lease signing she would have to submit the necessary payments, the following move-in costs were repeatedly mentioned: first month's, last month's rent, security deposit, and broker's fee (find a print out enclosed). She agreed, and submitted a deposit to secure the unit. Upon lease signing fee agreement form was presented to [redacted] along with dual agency disclosure form, both of which she signed (enclosed

are copies of the forms).

LLC is a licensed brokerage firm in the State of New York, and even though apartment hunters are usually aware of broker'sfees being charged in New York City, we still clearly state it in our listings (a screenshot of my advertisement is available on request) and emails. We usually post our listings on [redacted] and [redacted], that automatically transfers our listings to multiple platforms, including the [redacted]. Unfortunately, we do not have control over the format of the ad which is presented

on other websites.

After all, as per the last claim, the 12 month prepayment was offered by a tenant herself in order to receive a discount - $25/month on the monthly rent in the amount of $1,700.00.

Please feel free to contact me should you have any further questions.

Consumer

Response:

Yes, I am currently living in the location [redacted], LLC office assisted me with finding.