Home Properties Inc.

I am writing in response to a complaint dated July 20, with the above referenced complaint ID number, which I received on July 26, via our corporate office in ***, NYIt is correct that Mr*** rented the apartment located at *** *** ***, #***, in ***, VA for a
month lease, commencing on July 1, 2016, Upon
Mr***'s modate, it is acknowledged that there was an active bird's nest with unhatched eggs located on the balcony of this apartmentSome bird feces was observed in one area of the balcony (photos on file); however,the balcony was not "covered in bird feces" as indicated in the complaintAt that time, it was believed by the management staff at the apartment community (Village at *** ***) that it was unlawful to intentionally remove or disturb an active nestThis was explained to Mr***, who agreed that he did not want to "hurt the birds either"Mr*** was informed that the nest would be removed as soon as possible, and that his balcony would be power washed, once the nest was removedAs a gesture of good faith for his inconvenience, Mr*** was offered a refund equal to four days of rent ($179.35)He was also reminded that within the first days of his lease, he could take advantage of the Home Properties' Pledge, and terminate the lease and vacate the community with no lease termination penaltiesMr*** requested that the day Pledge period be extended, since Management did not yet have a date for the nest to be removed and for his balcony to be cleanedThis extension was granted by the on-site management staff, per my understandingFollowing this conversation, it was learned through additional research that it is not unlawful to remove a pigeon nest, and the nest was removed from Mr***'s balconyArrangements were then made to power wash Mr***'s balcony as soon as it could be scheduledThis work was completed on July 27, Please note that the balcony above Mr*** was also power washedDuring the period of July through July 19, 2016, Mr*** had conversations and email correspondence with the on-site management staffTo my knowledge, Mr*** has never once contacted the regional office for Home Properties, located in ***, VA, and I have personally received no voicemail messages or emails from Mr*** to dateOur records indicate that Mr*** has made contact with the corporate office in ***, NY, on one occasion, which was July 6th, 2016, in which he requested the extension to the Pledge
periodThe on-site management team granted this requestThere is no evidence that Mr*** made "10+ complaints to the regional and corporate offices" with no responseAs Mr*** has noted that he has attained legal counsel in his complaint to you, and had threatened to do so in prior conversations and in emails with the on site management staff, we have conferred with our local counsel on this matterPer our local counsel, no compensation is due to Mr*** as a result of a bird nesting on his balconyThe balcony is considered an outdoor space, and is not included in the rent for his apartmentThe nest and feces, along with birds landing on the balcony, are acts of nature in an outdoor space, which Management cannot controlWe have responded to Mr***'s concerns, and removed the nest and fecesWe cannot prevent additional birds from landing or nesting on his or other balconies - we can only remove the nests and feces as quickly as possible as we are made awareThough Mr*** is not legally entitled to compensation in this matter, as stated above, we have agreed to refund him four days of rent as a courtesyHe is aware that if he wishes to terminate his lease and vacate the community, or transfer to another apartment, he may do so without incurring any lease termination fees through August 31, 2016; however, Home Properties will not be paying for moving expenses, and will not provide any additional compensation for this matterWe have requested that Mr*** provide us with his attorney's contact information, so that we may share it with our local counsel for further communication with him in this matterShould you have any other questions, please contact me
at ###-###-####, or at ***@***.com. Thank youSincerely, Beth DRegional Property Manager Home Properties

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
There are several claims in the business response that are untrue.  I did attempt to contact their regional office on more than 10 occasions.  There is no number provided on any documentation for the regional office upon move-in.  I tried on three separate occasions to call the number provided and ask for the regional office, only to be forwarded back to the same answering service of the number I'd called originally.  I then tried contacting the corporate office, left messages with a customer service representative.  My call was never returned.  Between these multiple attempts on multiple days, a more accurate description would be 15 calls. Much like the facilities management and maintenance, local property management, and regional management, clearly Home Properties does not hire the best lawyers.  There is a clear provision for setting aside money in escrow for the lack of use of the balcony.  It was clearly advertised, or it would not be a selling point.  Therefore, along with the Home Properties pledge, this is part of the apartment as advertised and would be included.  You may want to inform their lawyers that condition would only be inclusive of a balcony of a current tenant. The payment they are making is not a courtesy, I assure you.  Their attitude on the matter in general has been rude, discourteous, and unhelpful.  It's a shame that it took this much only to receive a coarse and uninformed response.  This should serve as a warning to anyone in the future against working with this company.