Malvern Manor Apartments

[A default letter is provided here which indicates your acceptance of the business's offer If you wish, you may update it before sending it.] Revdex.com: I have reviewed the offer made by the business in reference to complaint ID [redacted] , and find that this resolution would be satisfactory to meI will wait for the business to perform this action and, if it does, will consider this complaint resolvedIf the company does not perform as promised I can get back to you at: [email protected] Regards, [redacted] Hello [redacted] ,This matter has been resolved and I would like that to be noted.Thanks, [redacted]

To whom it may concern:This response is in reference to case number ***. Malvern Manor takes all concerns seriouslyIn the instance that there is a noise concern, we ask that the person who is reporting the concern to please submit it in writingOnce we receive the
written concern, we send out a letter to the resident who is potentially causing a problemThat was done in this situation, and the letter specifically spoke about loud walking late at night as that was the concern. If a resident reports a second concern, we place a phone call to that residentThis was also done in this situationThe phone call was placed the same day the second concern came into the officeUpon speaking with the resident, it was advised that she has an odd schedule due to family needs, and that she is aware she shares a ceiling/floor with another neighbor and tries to take care when moving about her homeWe also had maintenance report to the home five days later to make sure that there were no loose floorboards (none were found)During this visit it was noted that the resident does have rug coverage in the apartment home. Malvern Manor cannot and does not make promises that the community is a "quiet community" or a "safe community" as these are direct violations of fair housing lawsWe do advise residents to contact the non-emergency police number if they are being disturbed during the late night hoursThis is advised because if the police find that there is a violation they can create a police report that the office can then act on.Malvern Manor will continue to take all resident concerns seriously

Revdex.com:
I have reviewed the offer and/or response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
[Provide details of why you are not satisfied with this resolution.]
Regards,
[redacted]
Rebuttal- reference to case number [redacted]:
MsK[redacted] begins her reply to my complaint quoting that the resident has an "odd schedule due
to family needs"This does not excuse the resident from keeping the "Quiet
Hours" indicated by the leaseWhether the resident had actual family
responsibilities requiring her to keep such erratic hours is not the issue
here
The resident may have indicated that she tries to "take care
when moving about"If she had been mindful of her own behavior and had this
truly been a priority for her, she would not have created frequent
disturbancesThere is an addendum to the lease- #covering Objectionable
ConductIt states, " Residents will not engage in such conduct which is
objectionable or prejudicial to the rights, privileges, safety, or general
welfare of the other residents
" Residents have the right to uninterrupted
sleep and to expect their neighbors to refrain from loud noise and
objectionable conduct
Although it was "
noted that the resident does have rug coverage", the fact that none of this
coverage is in traffic areas, was not notedI know for a fact that carpet
coverage was not adequate or placed in such a way as to muffle loud noises such
as heavy footsteps, pacing, moving furniture, dropping items etc
While Kelly states that "making promises that the community
is quiet may violate Fair Housing laws", a promise to this effect was made to
us the day we came to visit Malvern ManorKelly has just now written that she
would not have made such a statement about the property being quiet because it
is illegal to do soI can only say that since it is indeed illegal to say a
property is quiet then she broke the law, as I am sure that she did say soWhen
Kelly took us to view the model apartment she said that the apartment community
was quiet and that if "people disturb
others they will be made to leave and we have done that"Had I not taken this
seriously, I never would have signed a lease
As for being advised to call the police when disruptions
occur, Kelly did not elaborate that it should be to call the non-
emergency police for the purpose of creating a report that would serve to initiate
a grievance with the offending residentIt would have been very helpful to
know that such a remedy is availableWe had, on August 31st, asked
if a grievance procedure was in placeWe did not receive a satisfactory
answer
I attempted to convey to Kelly that this resident was
agitated and acting in such a manner, which would be reasonably considered to
be objectionableKelly replied that, "I do not know that she (the woman) is
agitated"That which distinguishes agitated behavior from typical behavior is
the frequency, intensity and duration of those behaviorsI have kept a log
detailing some of the incidents of the neighbor's disruptive behaviors and
noiseNot only do they occur during quiet hours, they also continue for
unreasonable amounts of time, are startling, erratic, and loud enough so as to
be outside the scope of household activities
Thank you very much for your attention and time

[A default letter is provided here which indicates your acceptance of the business's offer.  If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the offer made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved. If the company does not perform as promised I can get back to you at: [email protected].
Regards,
[redacted]
Hello [redacted],This matter has been resolved and I would like that to be noted.Thanks,[redacted]

Revdex.com:
I have reviewed the offer and/or response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
[Provide details of why you are not satisfied with this resolution.]
Regards,
[redacted] 
Rebuttal- reference to case number [redacted]:
 
Ms. K[redacted] begins her reply to my complaint quoting that the resident has an “odd schedule due
to family needs”. This does not excuse the resident from keeping the “Quiet
Hours” indicated by the lease. Whether the resident had actual family
responsibilities requiring her to keep such erratic hours is not the issue
here.
The resident may have indicated that she tries to “take care
when moving about”. If she had been mindful of her own behavior and had this
truly been a priority for her, she would not have created frequent
disturbances. There is an addendum to the lease- #27 covering Objectionable
Conduct. It states, “ Residents will not engage in such conduct which is
objectionable or prejudicial to the rights, privileges, safety, or general
welfare of the other residents…” Residents have the right to uninterrupted
sleep and to expect their neighbors to refrain from loud noise and
objectionable conduct.
 Although it was “
noted that the resident does have rug coverage”, the fact that none of this
coverage is in traffic areas, was not noted. I know for a fact that carpet
coverage was not adequate or placed in such a way as to muffle loud noises such
as heavy footsteps, pacing, moving furniture, dropping items etc.
While Kelly states that “making promises that the community
is quiet may violate Fair Housing laws”, a promise to this effect was made to
us the day we came to visit Malvern Manor. Kelly has just now written that she
would not have made such a statement about the property being quiet because it
is illegal to do so. I can only say that since it is indeed illegal to say a
property is quiet then she broke the law, as I am sure that she did say so. When
Kelly took us to view the model apartment she said that the apartment community
was quiet and that if  “people disturb
others they will be made to leave and we have done that”. Had I not taken this
seriously, I never would have signed a lease.
As for being advised to call the police when disruptions
occur, Kelly did not elaborate that it should be to call the non-
emergency police for the purpose of creating a report that would serve to initiate
a grievance with the offending resident. It would have been very helpful to
know that such a remedy is available. We had, on August 31st, asked
if a grievance procedure was in place. We did not receive a satisfactory
answer.
I attempted to convey to Kelly that this resident was
agitated and acting in such a manner, which would be reasonably considered to
be objectionable. Kelly replied that, “I do not know that she (the woman) is
agitated”. That which distinguishes agitated behavior from typical behavior is
the frequency, intensity and duration of those behaviors. I have kept a log
detailing some of the incidents of the neighbor’s disruptive behaviors and
noise. Not only do they occur during quiet hours, they also continue for
unreasonable amounts of time, are startling, erratic, and loud enough so as to
be outside the scope of normal household activities.
Thank you very much for your attention and time.