I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below
As per our phone conversation on 4/17/14, I find Mr***'s response via Mark IV unacceptable as this in no way satisfies nor addresses the concerns for which we have filed this complaintWe live in an apartment that is poorly insulated, has holes in the walls, with a heating/cooling unit that does not work effectivelyRather than taking responsibility for the poor construction, Mark IV blames the "cold winter"; however, our complaints are irrelevant to the "extreme" temperaturesWe have been communicating with the property manager for an entire year now regarding the habitability of our apartment regardless of the season; i.eyesterday (4/20/14) was degrees outside and it was degrees in our apartmentAfter running the AC at degrees for several hours, the temperature in our apartment only came down to degreesYesterday's outside climate was not extreme and yet our apartment was uncomfortably hot, and with the AC running nonstop and not working to actually cool the apartment to the set temperature, we will continue to incur outlandish electricity billsThis is another example of the inefficient and ineffective system they have, despite the absence of "extreme temperatures", and a circumstance that we've spoken to the property manager on many occasions regarding, even suggesting possible solutions to find a resolution to our discomfort. We signed a lease for the ** *** ***, managed by Mark IV Construction, and for the high price we pay in rent, expected to live in a high end luxury loft that adheres to NY Tenant Habitability LawsThis has been a horrible experience - we the tenants continue to pay extraneous costs above and beyond what was quoted via management and what is reasonable based upon expectations that Mark IV Construction has set forth. Regards, *** ***
As you may recall, I am in house counsel to the business in this matter. Please accept this message as our reply to your request for additional information in this matter. Please be advised that we strive hard to satisfy our tenants’ needs and wants. We are always disappointed when our services are not deemed to be at least satisfactory to our tenants, and that is certainly true in this case. For the reasons that have we previously stated, however, we do not believe that there is anything more that we can do to resolve the tenant’s concerns. We fulfilled all of our contractual obligationsThank you again for contacting us about this matter. *** ** *** ***
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below
good morning,The attorney for Mark IV wrote a reply, however, it was completely inaccurate. He and / or his client have lied to the "enth" degree. He claims I never filed a complaint about the heat in the building: I spoke DIRECTLY to the Chief Operating Officer, *** ***, and told him point-blank I would call City Code Enforcement if he didn't fix the heat. My apartment was FORTY TWO DEGREES and I sure as heck DID complain! In fact, the C.O.Omade arrangements for me to stay in another one of his properties!!! How can he now claim I didn't file a complaint about the heat???? I am NOT satisfied, do NOT consider this matter "resolved," and hope the Revdex.com will not list this complaint on its website as having been handled by the business. IT HASN'T
Sincerely, *** ***
I am in house counsel for Mark IV Construction Co., Inc., the business in this matter. You will be very happy to know that we have returned the original documents to the applicants, and we have...
destroyed the photocopy of them that we made. Please inform the complainants of this, and close your file on this matter accordingly. Please let me know if I can provide you with any further information about this matter. Thank you. [redacted], Esq.
Thank you again for contacting us about this matter and giving us a chance to respond to your latest inquiry. Please be advised that HH Warner Lofts has never denied that there were problems with the heating system in the building this past winter. As the email messages that were sent to you show, we did make efforts to address those problems, and to accommodate the tenants affected. As we have previously stated, we are always disappointed when our services are deemed to be less than satisfactory by our tenants. We do not, however, believe that we are contractually, or otherwise, required to pay the complainant’s utility bills. Thank you again for contacting us about this matter. Sincerely, [redacted]
I called and spoke with Jessica on Thursday 11/05/2015 letting her know the quarters need to be emptied from the washer and dryer in apartments 102. Now it is Monday evening and we are unable to do laundry coin exchanger sticks because box is too full. There has already been 10 complaints for the same problem. We need to be able to wash and dry our clothes. It's no use having a washer and dryer if they do not work because coins need to be emptied. This is not the first time this has happened.
As you may recall, I am in house counsel to the business in this matter. Please accept this message as our reply to your request for additional information in this matter. Please be advised that we strive hard to satisfy our tenants’ needs and wants. We are always disappointed when our services are not deemed to be at least satisfactory to our tenants, and that is certainly true in this case. For the reasons that have we previously stated, however, we do not believe that there is anything more that we can do to resolve the tenant’s concerns. We fulfilled all of our contractual obligations.Thank you again for contacting us about this matter. [redacted]
Re: Id. No. [redacted]
Dear Revdex.com: I am in house counsel to Mark IV Construction Co., Inc., the business in this matter. I submit this letter and enclosed document in response to this matter. Thank you very much for giving us this opportunity to respond in this matter, and...
please forgive the tardiness in our reply. After reviewing all of the facts of this matter, I have concluded that there is no amount(s) owing to the complainant from us. The salient facts of this matter are below forth set. On or about February 1, 2013, the complainant entered into a lease agreement with us for the property located at 80 St. Paul St., 2B, Rochester, New York. (See enclosure). The lease term began February 1, 2013, and is due to expire on April 30, 2014. All of the terms of the lease are contained in the written lease agreement. See page 4, #22. REPRESENTATIONS. We made no promises to the complainant that were not contained in the written lease. Id. Paragraph 22 of the lease notwithstanding, the property manager of the building denies that she made any verbal statement(s) to the complainant as to the amount of her utility bills. As you may know, this past winter the Rochester area experienced exceptionally cold temperatures, even by its historical standards. Practically all energy consumers in the Rochester area faced increased utility bills during the winter months due not only to the low temperatures, but also to the increased prices charged by the energy providers. The complainant's experience is therefore not unique to her. While we were made aware at times by other tenants of heating problems in the building, we have no record of the complainant ever voicing any concern to us about a lack of heat, until this complaint that she made to you. Thank you again for giving us this opportunity to the respond to this matter. I hope that this information clarifies the situation for you. Please do not hesitate to contact me if you should need or desire any further information from me. Thank you. Sincerely, [redacted] Enc.
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.Upon review of Mr. [redacted]'s response, "We made no promises to the complainant that were not contained in the written lease." Prior to signing the lease, we asked the property manager what the estimated expense for electricity, water, etc would be and she gave a verbal quote of $80/month, not only to us but to other tenants in the building. "the property manager of the building denies that she made any verbal statement(s) to the complainant as to the amount of her utility bills". She must have forgotten that when brought to her attention as early as November that our utility expenses were well above her quote, she went so far as to tell us "oh no, that's not right.. they shouldn't be that high" and we were credited $100 to our [redacted] account.
According to New York Tenant Rights & Responsibilities, Truth in Heating, Energy Law 17-103: "...prospective tenants are entitled to receive from the landlord a complete set or summary of the past two years' bills." On March 3 2014, I spoke with [redacted] myself and the representative reported the previous tenant from July 2011 to Sept 2012 as averaging $150-200/month in utility expenses; therefore, despite the recent increase in rates, even at the lesser rate paid by the previous tenant, the Property Manager's quote was well below typical expense for the unit and inaccurate from the beginning.Warranty of Habitability, Real Property Law 235-b: "tenants have the right to a livable, safe, and sanitary apartment..Examples of a breach of this warranty include failure to provide heat or hot water on a regular basis..." New York State Property Maintenance Code 602.3: "Every owner and operator of any building who rents, leases, or lets...shall supply heat during the period from September 15 to May 31 to maintain a temperature of not less than 68 degrees in all habitable rooms, bathrooms, and toilet rooms." Landlords' Duty of Repair, Multiple Residence Law 174: "Landlords are required to maintain electrical, plumbing, sanitary, heating...in good safe working order." The following are dates that we have recorded, amongst many more that we naively had not recorded, for which Mark IV did not provide adequate standards of habitability: 1/6/14 Thermostat Setting: 650F, Inside Temperature Reading: 570F , 1/7/14 Thermostat Setting: 650F, Inside Temperature Reading: 480F , 1/27/14 Thermostat Setting: 650F, Inside Temperature Reading: 630F , 1/28/14 Thermostat Setting: 650F, Inside Temperature Reading: 560F ,1/30/14 Thermostat Setting: 650F, Inside Temperature Reading: 490F , 2/2/14 Thermostat Setting: 680F, Inside Temperature Reading: 520F , 2/7/14 Thermostat Setting: 650F, Inside Temperature Reading: 610F, 2/17/14 Thermostat Setting: 650F, Inside Temperature Reading: 580F Mr. [redacted] states: "Our records indicate that our maintenance staff acted quickly to address her concerns, as best as it could. Our records also indicate that we provided the complainant's household with alternative living quarters, off site, and at no cost, on those occasions when the temperature in her apartment was deemed to be too low for reasonable habitation." While Mark IV did in fact provide us with alternative living quarters, they were dishonest about where they were sending us. When asked to be placed conveniently across the street at the [redacted], they told us there were no vacancies and were sending us to a "bed and breakfast" a few miles away. This turned out to be a Senior Living home well out of the way of our typical commute to work causing us to be late due to unforeseen traffic patterns and also costing us additional expenses in food. Upon calling the [redacted], there were in fact rooms available for the dates requested (1/7/14-1/10/14).The second time we were displaced from our home, 1/30/14-2/2/14, we were told that we would not be able to return to our apartment until the heat system was able to hold consistently at 680F and that our apartment would be monitored daily and we would be notified when we were able to return. In the meantime, the property manager left for vacation to Florida and left us with contacts that were unavailable through the weekend. We were never updated as to the conditions of our apartment and had to check home daily, with the temperature continuing to read between 50-56 degrees. In the meantime, the heating pump ran continuously as it was never reaching the set point in the apartment. When asked if we should turn our heat off while the repairs were made so that the pump would not continue to run nonstop as we were concerned about the cost of our heating bill, we were told by the property manager "no, you will be reimbursed for additional heating expenses while the unit is not working" before she left for Florida.After 3 nights in the hotel with no word, we finally called the emergency number and were put in contact with maintenance staff who told us they had not been in our apartment since 1/29/14 because they "thought the situation was resolved"; therefore, no one had been working to fix the heat let alone monitoring it the entire time we were unable to live there. The heating pump was running continuously while the apartment remained in the 50's and our heating costs continued to grow.
Mr. [redacted] states: "As you may know, this past winter the Rochester area experienced exceptionally cold temperatures, even by its historical standards. Practically all energy consumers in the Rochester area faced increased utility bills during the winter months due not only to the low temperatures, but also to the increased prices charged by the energy providers. The complainant's experience is therefore not unique to her." First, we are not complaining about the increased utility rates, as this is beyond both Mark IV and my control; the complaint is that Mark IV was unable to provide us heat during the winter months AND air conditioning in the summer via a working heating/cooling unit and we as tenants have incurred significant inconveniences and additional costs as a result. We have had to supplement with an electric heating/cooling unit to make our space somewhat livable and even then the apartment is not comfortable; we have had to eat meals wearing hats and scarves.
We have placed ongoing complaints since June, because the temperature in the apartment has been extremely uncomfortable; we have requested repairs to the drafts, asked the possibility of tinting the windows as the summer months the apartment was 880F while the thermostat was set at 730F, we were told over and over by the property manager that she would look into these things though never did, or never told us the result of her research if so. We have requested in writing a summary of our maintenance requests, which our property manager never supplied to us; we likely think she never wrote them down and in some cases never forwarded our requests along. Many of our concerns have gone unaddressed or I have had to ask multiple times with days or weeks going by before they were "taken care of". The company has made numerous untimely repairs, so this complaint does not encompass just the "exceptionally cold winter" but the normal climate from June through now March as well. I do believe this experience is unique to me because when the maintenance finally got around to "caulking" the apartment (2/8/14), maintenance staff reported a visible hole in the wall where he could "see outside". On 2/13/14 discussion with our property manager resulted in her comment "it was like you had a window open", allowing freezing cold air (or the summer's heat) to circulate the apartment. On top of the above complaints, we are offered a "gated parking lot" which the gate is always broken, leaving our cars unprotected. And on 2 occasions, 1/3/14 and 1/13/14, the parking lot was unplowed following snow storms leaving us blocked in and late for work; we had been informed upon moving in that when snow accumulation reached 3 inches or greater, a plow would come at 4 am to clear a path and again at 1 pm to clear the lot completely. It is right and just that we be reimbursed for expenses outside of our control and accumulated due to Mark IV's negligence to attend to their tenants and provide a comfortable living space. The cost of living in this "luxury apartment" is well above and beyond the environment they are providing its tenants and even speaking with the staff of Mark IV, they agree for the rent we pay we should not be experiencing the issues we have. I am requesting a refund or a waiver in the amount of one month's rent $1495) for the additional expenses we have incurred over the course of the last year due to unfit living conditions. I thank you for your time and consideration. Attached is a copy of complaint filed 2/3/14. I also have saved several email threads with the property manager that I could forward along if necessary.Regards, [redacted]
Dear Revdex.com: I am in house counsel to Mark IV Construction Co., Inc., the business in this matter. I submit this letter and enclosed document in response to this matter. Thank you very much for giving us this opportunity to respond in this matter, and please forgive the...
tardiness in our reply. After reviewing all of the facts of this matter, I have concluded that there is no amount(s) owing to the complainant from us. The salient facts of this matter are below forth set. On or about April 1, 2013, the complainant entered into a lease agreement with us for the property located at [redacted] New York. (See enclosure). The lease term began April 1, 2013, and is due to expire on June 30, 2014. All of the terms of the lease are contained in the written lease agreement. See page 4, #22. REPRESENTATIONS. We made no promises to the complainant that were not contained in the written lease. Id. Paragraph 22 of the lease notwithstanding, the property manager of the building denies that she made any verbal statement(s) to the complainant as to the amount of her utility bills. As you may know, this past winter the Rochester area experienced exceptionally cold temperatures, even by its historical standards. Practically all energy consumers in the Rochester area faced increased utility bills during the winter months due not only to the low temperatures, but also to the increased prices charged by the energy providers. The complainant's experience is therefore not unique to her. The complainant did make us aware of problems that she was experiencing with the heating in her apartment during the winter. Our records indicate that our maintenance staff acted quickly to address her concerns, as best as it could. Our records also indicate that we provided the complainant's household with alternative living quarters, off site, and at no cost, on those occasions when the temperature in her apartment was deemed to be too low for reasonable habitation. Thank you again for giving us this opportunity to the respond to this matter. I hope that this information clarifies the situation for you. Please do not hesitate to contact me if you should need or desire any further information from me. Thank you. Sincerely, [redacted] Enc.
DO NOT EVER RENT from a MARK IV property - This company does unethical business...There lead counsel does not follow due process and will invoke an income execution without any due process...the lead counsels name is ANDREW [redacted], ESQ ..They do not follow new York state laws when it comes to landlord tenant rights. Their senior living communities also are a major point of concern. to lure the senior community in they place pamphlets and supply propaganda on how to get out of your lease to move into the senior community but when you have to place your parent into assisted living they CHARGE fees to get out of the lease (bait and switch)...PLEASE research all business dealings with this company before you even look at an type of housing... there is/was an outstanding case in Monroe county court regarding unfair garnishments ...this is the go to tactic of this counsel...BE VERY CAREFUL...
Attached are 9 pages of emails sent from the Warner Lofts building manager regarding the heating issues in the building that I've complained about. The emails were sent to tenants who complained to her about the lack of heat in our apartments. As evidenced by page 1, I was given [redacted]'s phone number to call and complain about it, which is what I did. I would have to get [redacted] to provide phone records if you want to go that far to prove I called him. Other tenants on the email stream called him as well. And we were all told "tough luck" and that it wasn't his policy to help pay the heating bills of the tenants.Let me know if the attachment is not available to be opened. I will gladly mail them to you through the post office! [redacted]
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below
As per our phone conversation on 4/17/14, I find Mr***'s response via Mark IV unacceptable as this in no way satisfies nor addresses the concerns for which we have filed this complaintWe live in an apartment that is poorly insulated, has holes in the walls, with a heating/cooling unit that does not work effectivelyRather than taking responsibility for the poor construction, Mark IV blames the "cold winter"; however, our complaints are irrelevant to the "extreme" temperaturesWe have been communicating with the property manager for an entire year now regarding the habitability of our apartment regardless of the season; i.eyesterday (4/20/14) was degrees outside and it was degrees in our apartmentAfter running the AC at degrees for several hours, the temperature in our apartment only came down to degreesYesterday's outside climate was not extreme and yet our apartment was uncomfortably hot, and with the AC running nonstop and not working to actually cool the apartment to the set temperature, we will continue to incur outlandish electricity billsThis is another example of the inefficient and ineffective system they have, despite the absence of "extreme temperatures", and a circumstance that we've spoken to the property manager on many occasions regarding, even suggesting possible solutions to find a resolution to our discomfort. We signed a lease for the ** *** ***, managed by Mark IV Construction, and for the high price we pay in rent, expected to live in a high end luxury loft that adheres to NY Tenant Habitability LawsThis has been a horrible experience - we the tenants continue to pay extraneous costs above and beyond what was quoted via management and what is reasonable based upon expectations that Mark IV Construction has set forth. Regards, *** ***
As you may recall, I am in house counsel to the business in this matter. Please accept this message as our reply to your request for additional information in this matter. Please be advised that we strive hard to satisfy our tenants’ needs and wants. We are always disappointed when our services are not deemed to be at least satisfactory to our tenants, and that is certainly true in this case. For the reasons that have we previously stated, however, we do not believe that there is anything more that we can do to resolve the tenant’s concerns. We fulfilled all of our contractual obligationsThank you again for contacting us about this matter. *** ** *** ***
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below
good morning,The attorney for Mark IV wrote a reply, however, it was completely inaccurate. He and / or his client have lied to the "enth" degree. He claims I never filed a complaint about the heat in the building: I spoke DIRECTLY to the Chief Operating Officer, *** ***, and told him point-blank I would call City Code Enforcement if he didn't fix the heat. My apartment was FORTY TWO DEGREES and I sure as heck DID complain! In fact, the C.O.Omade arrangements for me to stay in another one of his properties!!! How can he now claim I didn't file a complaint about the heat???? I am NOT satisfied, do NOT consider this matter "resolved," and hope the Revdex.com will not list this complaint on its website as having been handled by the business. IT HASN'T
Sincerely, *** ***
I am in house counsel for Mark IV Construction Co., Inc., the business in this matter. You will be very happy to know that we have returned the original documents to the applicants, and we have...
destroyed the photocopy of them that we made. Please inform the complainants of this, and close your file on this matter accordingly. Please let me know if I can provide you with any further information about this matter. Thank you. [redacted], Esq.
Thank you again for contacting us about this matter and giving us a chance to respond to your latest inquiry. Please be advised that HH Warner Lofts has never denied that there were problems with the heating system in the building this past winter. As the email messages that were sent to you show, we did make efforts to address those problems, and to accommodate the tenants affected. As we have previously stated, we are always disappointed when our services are deemed to be less than satisfactory by our tenants. We do not, however, believe that we are contractually, or otherwise, required to pay the complainant’s utility bills. Thank you again for contacting us about this matter. Sincerely, [redacted]
I called and spoke with Jessica on Thursday 11/05/2015 letting her know the quarters need to be emptied from the washer and dryer in apartments 102. Now it is Monday evening and we are unable to do laundry coin exchanger sticks because box is too full. There has already been 10 complaints for the same problem. We need to be able to wash and dry our clothes. It's no use having a washer and dryer if they do not work because coins need to be emptied. This is not the first time this has happened.
As you may recall, I am in house counsel to the business in this matter. Please accept this message as our reply to your request for additional information in this matter. Please be advised that we strive hard to satisfy our tenants’ needs and wants. We are always disappointed when our services are not deemed to be at least satisfactory to our tenants, and that is certainly true in this case. For the reasons that have we previously stated, however, we do not believe that there is anything more that we can do to resolve the tenant’s concerns. We fulfilled all of our contractual obligations.Thank you again for contacting us about this matter. [redacted]
Re: Id. No. [redacted]
Dear Revdex.com: I am in house counsel to Mark IV Construction Co., Inc., the business in this matter. I submit this letter and enclosed document in response to this matter. Thank you very much for giving us this opportunity to respond in this matter, and...
please forgive the tardiness in our reply. After reviewing all of the facts of this matter, I have concluded that there is no amount(s) owing to the complainant from us. The salient facts of this matter are below forth set. On or about February 1, 2013, the complainant entered into a lease agreement with us for the property located at 80 St. Paul St., 2B, Rochester, New York. (See enclosure). The lease term began February 1, 2013, and is due to expire on April 30, 2014. All of the terms of the lease are contained in the written lease agreement. See page 4, #22. REPRESENTATIONS. We made no promises to the complainant that were not contained in the written lease. Id. Paragraph 22 of the lease notwithstanding, the property manager of the building denies that she made any verbal statement(s) to the complainant as to the amount of her utility bills. As you may know, this past winter the Rochester area experienced exceptionally cold temperatures, even by its historical standards. Practically all energy consumers in the Rochester area faced increased utility bills during the winter months due not only to the low temperatures, but also to the increased prices charged by the energy providers. The complainant's experience is therefore not unique to her. While we were made aware at times by other tenants of heating problems in the building, we have no record of the complainant ever voicing any concern to us about a lack of heat, until this complaint that she made to you. Thank you again for giving us this opportunity to the respond to this matter. I hope that this information clarifies the situation for you. Please do not hesitate to contact me if you should need or desire any further information from me. Thank you. Sincerely, [redacted] Enc.
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.Upon review of Mr. [redacted]'s response, "We made no promises to the complainant that were not contained in the written lease." Prior to signing the lease, we asked the property manager what the estimated expense for electricity, water, etc would be and she gave a verbal quote of $80/month, not only to us but to other tenants in the building. "the property manager of the building denies that she made any verbal statement(s) to the complainant as to the amount of her utility bills". She must have forgotten that when brought to her attention as early as November that our utility expenses were well above her quote, she went so far as to tell us "oh no, that's not right.. they shouldn't be that high" and we were credited $100 to our [redacted] account.
According to New York Tenant Rights & Responsibilities, Truth in Heating, Energy Law 17-103: "...prospective tenants are entitled to receive from the landlord a complete set or summary of the past two years' bills." On March 3 2014, I spoke with [redacted] myself and the representative reported the previous tenant from July 2011 to Sept 2012 as averaging $150-200/month in utility expenses; therefore, despite the recent increase in rates, even at the lesser rate paid by the previous tenant, the Property Manager's quote was well below typical expense for the unit and inaccurate from the beginning.Warranty of Habitability, Real Property Law 235-b: "tenants have the right to a livable, safe, and sanitary apartment..Examples of a breach of this warranty include failure to provide heat or hot water on a regular basis..." New York State Property Maintenance Code 602.3: "Every owner and operator of any building who rents, leases, or lets...shall supply heat during the period from September 15 to May 31 to maintain a temperature of not less than 68 degrees in all habitable rooms, bathrooms, and toilet rooms." Landlords' Duty of Repair, Multiple Residence Law 174: "Landlords are required to maintain electrical, plumbing, sanitary, heating...in good safe working order." The following are dates that we have recorded, amongst many more that we naively had not recorded, for which Mark IV did not provide adequate standards of habitability: 1/6/14 Thermostat Setting: 650F, Inside Temperature Reading: 570F , 1/7/14 Thermostat Setting: 650F, Inside Temperature Reading: 480F , 1/27/14 Thermostat Setting: 650F, Inside Temperature Reading: 630F , 1/28/14 Thermostat Setting: 650F, Inside Temperature Reading: 560F ,1/30/14 Thermostat Setting: 650F, Inside Temperature Reading: 490F , 2/2/14 Thermostat Setting: 680F, Inside Temperature Reading: 520F , 2/7/14 Thermostat Setting: 650F, Inside Temperature Reading: 610F, 2/17/14 Thermostat Setting: 650F, Inside Temperature Reading: 580F Mr. [redacted] states: "Our records indicate that our maintenance staff acted quickly to address her concerns, as best as it could. Our records also indicate that we provided the complainant's household with alternative living quarters, off site, and at no cost, on those occasions when the temperature in her apartment was deemed to be too low for reasonable habitation." While Mark IV did in fact provide us with alternative living quarters, they were dishonest about where they were sending us. When asked to be placed conveniently across the street at the [redacted], they told us there were no vacancies and were sending us to a "bed and breakfast" a few miles away. This turned out to be a Senior Living home well out of the way of our typical commute to work causing us to be late due to unforeseen traffic patterns and also costing us additional expenses in food. Upon calling the [redacted], there were in fact rooms available for the dates requested (1/7/14-1/10/14).The second time we were displaced from our home, 1/30/14-2/2/14, we were told that we would not be able to return to our apartment until the heat system was able to hold consistently at 680F and that our apartment would be monitored daily and we would be notified when we were able to return. In the meantime, the property manager left for vacation to Florida and left us with contacts that were unavailable through the weekend. We were never updated as to the conditions of our apartment and had to check home daily, with the temperature continuing to read between 50-56 degrees. In the meantime, the heating pump ran continuously as it was never reaching the set point in the apartment. When asked if we should turn our heat off while the repairs were made so that the pump would not continue to run nonstop as we were concerned about the cost of our heating bill, we were told by the property manager "no, you will be reimbursed for additional heating expenses while the unit is not working" before she left for Florida.After 3 nights in the hotel with no word, we finally called the emergency number and were put in contact with maintenance staff who told us they had not been in our apartment since 1/29/14 because they "thought the situation was resolved"; therefore, no one had been working to fix the heat let alone monitoring it the entire time we were unable to live there. The heating pump was running continuously while the apartment remained in the 50's and our heating costs continued to grow.
Mr. [redacted] states: "As you may know, this past winter the Rochester area experienced exceptionally cold temperatures, even by its historical standards. Practically all energy consumers in the Rochester area faced increased utility bills during the winter months due not only to the low temperatures, but also to the increased prices charged by the energy providers. The complainant's experience is therefore not unique to her." First, we are not complaining about the increased utility rates, as this is beyond both Mark IV and my control; the complaint is that Mark IV was unable to provide us heat during the winter months AND air conditioning in the summer via a working heating/cooling unit and we as tenants have incurred significant inconveniences and additional costs as a result. We have had to supplement with an electric heating/cooling unit to make our space somewhat livable and even then the apartment is not comfortable; we have had to eat meals wearing hats and scarves.
We have placed ongoing complaints since June, because the temperature in the apartment has been extremely uncomfortable; we have requested repairs to the drafts, asked the possibility of tinting the windows as the summer months the apartment was 880F while the thermostat was set at 730F, we were told over and over by the property manager that she would look into these things though never did, or never told us the result of her research if so. We have requested in writing a summary of our maintenance requests, which our property manager never supplied to us; we likely think she never wrote them down and in some cases never forwarded our requests along. Many of our concerns have gone unaddressed or I have had to ask multiple times with days or weeks going by before they were "taken care of". The company has made numerous untimely repairs, so this complaint does not encompass just the "exceptionally cold winter" but the normal climate from June through now March as well. I do believe this experience is unique to me because when the maintenance finally got around to "caulking" the apartment (2/8/14), maintenance staff reported a visible hole in the wall where he could "see outside". On 2/13/14 discussion with our property manager resulted in her comment "it was like you had a window open", allowing freezing cold air (or the summer's heat) to circulate the apartment. On top of the above complaints, we are offered a "gated parking lot" which the gate is always broken, leaving our cars unprotected. And on 2 occasions, 1/3/14 and 1/13/14, the parking lot was unplowed following snow storms leaving us blocked in and late for work; we had been informed upon moving in that when snow accumulation reached 3 inches or greater, a plow would come at 4 am to clear a path and again at 1 pm to clear the lot completely. It is right and just that we be reimbursed for expenses outside of our control and accumulated due to Mark IV's negligence to attend to their tenants and provide a comfortable living space. The cost of living in this "luxury apartment" is well above and beyond the environment they are providing its tenants and even speaking with the staff of Mark IV, they agree for the rent we pay we should not be experiencing the issues we have. I am requesting a refund or a waiver in the amount of one month's rent $1495) for the additional expenses we have incurred over the course of the last year due to unfit living conditions. I thank you for your time and consideration. Attached is a copy of complaint filed 2/3/14. I also have saved several email threads with the property manager that I could forward along if necessary.Regards, [redacted]
Dear Revdex.com: I am in house counsel to Mark IV Construction Co., Inc., the business in this matter. I submit this letter and enclosed document in response to this matter. Thank you very much for giving us this opportunity to respond in this matter, and please forgive the...
tardiness in our reply. After reviewing all of the facts of this matter, I have concluded that there is no amount(s) owing to the complainant from us. The salient facts of this matter are below forth set. On or about April 1, 2013, the complainant entered into a lease agreement with us for the property located at [redacted] New York. (See enclosure). The lease term began April 1, 2013, and is due to expire on June 30, 2014. All of the terms of the lease are contained in the written lease agreement. See page 4, #22. REPRESENTATIONS. We made no promises to the complainant that were not contained in the written lease. Id. Paragraph 22 of the lease notwithstanding, the property manager of the building denies that she made any verbal statement(s) to the complainant as to the amount of her utility bills. As you may know, this past winter the Rochester area experienced exceptionally cold temperatures, even by its historical standards. Practically all energy consumers in the Rochester area faced increased utility bills during the winter months due not only to the low temperatures, but also to the increased prices charged by the energy providers. The complainant's experience is therefore not unique to her. The complainant did make us aware of problems that she was experiencing with the heating in her apartment during the winter. Our records indicate that our maintenance staff acted quickly to address her concerns, as best as it could. Our records also indicate that we provided the complainant's household with alternative living quarters, off site, and at no cost, on those occasions when the temperature in her apartment was deemed to be too low for reasonable habitation. Thank you again for giving us this opportunity to the respond to this matter. I hope that this information clarifies the situation for you. Please do not hesitate to contact me if you should need or desire any further information from me. Thank you. Sincerely, [redacted] Enc.
DO NOT EVER RENT from a MARK IV property - This company does unethical business...There lead counsel does not follow due process and will invoke an income execution without any due process...the lead counsels name is ANDREW [redacted], ESQ ..They do not follow new York state laws when it comes to landlord tenant rights. Their senior living communities also are a major point of concern. to lure the senior community in they place pamphlets and supply propaganda on how to get out of your lease to move into the senior community but when you have to place your parent into assisted living they CHARGE fees to get out of the lease (bait and switch)...PLEASE research all business dealings with this company before you even look at an type of housing... there is/was an outstanding case in Monroe county court regarding unfair garnishments ...this is the go to tactic of this counsel...BE VERY CAREFUL...
Attached are 9 pages of emails sent from the Warner Lofts building manager regarding the heating issues in the building that I've complained about. The emails were sent to tenants who complained to her about the lack of heat in our apartments. As evidenced by page 1, I was given [redacted]'s phone number to call and complain about it, which is what I did. I would have to get [redacted] to provide phone records if you want to go that far to prove I called him. Other tenants on the email stream called him as well. And we were all told "tough luck" and that it wasn't his policy to help pay the heating bills of the tenants.Let me know if the attachment is not available to be opened. I will gladly mail them to you through the post office! [redacted]