Real Estate Development
Bozzuto & Associates IncHeadquarters
Complaints
This profile includes complaints for Bozzuto & Associates Inc's headquarters and its corporate-owned locations. To view all corporate locations, see
Customer Complaints Summary
- 112 total complaints in the last 3 years.
- 51 complaints closed in the last 12 months.
If you've experienced an issue
Submit a ComplaintThe complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.
Initial Complaint
Date:04/21/2023
Type:Billing IssuesStatus:ResolvedMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
Recently Bozzuto Management Group took over the property management for **** Residences in Tampa. Since the transition, they’ve begun charging a $1 fee for paying rent online by ACH, a service which was free before they took over. Since this change occured in the middle of my lease agreement, I reached out to Bozzuto about waiving the fee. I was informed that the fee is being charged by ********- the only online portal Bozzuto offers for rent payment, so they have no control over it. They offered me the option to pay by check or sign up for auto pay in order to avoid the fee. According to my lease, rent payments must be made online so paying by check is not in compliance with the lease agreement. Additionally, i’m not always around to pay my rent by check which is one of the reasons I chose to sign a lease at this apartment because they asked for online payments without a fee. As for autopay, I cannot setup auto pay because I do not control the account from which my rent is paid. I’ve expressed this to Bozzuto and they told me those are my only options so I asked to be released from lease without penalty considering they cannot provide me with the service initially signed up for as a part of my lease agreement and they are refusing. I would like for Bozzuto to either waive this $1 for ACH payments the remainder of my lease OR allow me to terminate my lease without penalty.Business Response
Date: 02/01/2024
The matter was resolved directly with the consumer. They were allowed to terminate their lease without receiving a penalty for early termination or insufficient notice.
She vacated the apartment on 5/31/23.Customer Answer
Date: 02/01/2024
[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.
Regards,
***********************Initial Complaint
Date:04/20/2023
Type:Service or Repair IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
After living here for 2 years and being harassed to move from 3 floor to first and having no choice in it, I was harassed by my lower floor neighbors constant banging on door and floor and the lady was also writing me notes in day time to tell my kids to stop moving . My babies would crawl on the floor and they would bang their ceiling in the middle of day telling us their dog is sleeping daytime. While the lower floor neighbors was enough to handle, ********* was also harassing me with lease termination due to them being ***** people and related to someone in the building and us being people of color and we knew no one there... All that aside we moved down and now move out ! ********* ***** is charging me to replace all appliances while they are perfect and in working condition and they send me a move out cleaning service fee . I moved from top to bottom and got my apartment cleaned for 200 by a cleaning service . They still charged me after i got it cleaned so this time I decided to go with their cleaning service AND that was a mistake because instead of cleaning they are charging me for replacement of fridge , micro , washer dryer, grinder , oven and everything else. I am willing to pay for cleaning trash removal which is still more expensive then market rate , I am also willing to pay for paint. But I will not be paying for their replacement of perfectly working appliances which all work and I know they got it cleaned by a cleaning company and they are charging me for replacement of them all. Attached is the picture of their fee and this is illegal , normal wear and tear is expected after living there are so long and I am still ok paying cleaning fees but replacement is illegal and outrageous. I am writing this after trying to deal with them personally and they are rude and not willing to work with me. Also I have video proof of all working appliances with date and pictures of my apartment so I KNOW exactly what they are doing.Business Response
Date: 05/09/2023
Hello,
We are in receipt of this claim and disagree with the residents statements in regards to the reasons for transfer as well as the condition of the appliances after move out. Please see the attached photos of the condition of the apartment after move out. The charges assessed to the account are correct and charged in accordance with the lease and actual cost for replacement.
The resident did not pay $200 for cleaning to ********* as stated in their complaint. A smooth move package is offered to all move outs, but it was never selected or paid for by this resident. Please review the attached ledger showing no $200 payments collected or charged for the Smooth Move Cleaning Package.
We understand the residents concern for the large amount owed, but as you can see in the attached photos the apartment and appliances were abused and required repair/replacements.
Customer Answer
Date: 05/15/2023
Complaint: ********
I am rejecting this response because: As stated in my attachment fees for cleaning and per my email conversation and my last conversation before handing out the keys , I did inform them that I am opting for the move out package and it's noted in our email conversation. Apparrment wasn't abused , it was used and all it needs is paint and cleaning. NO appliances were broken and all were left in working condition and I did opt into your cleaning service . I have video with date of the appartment before leaving and none of the appliance were broken ....Regards,
*************************Business Response
Date: 05/22/2023
Hello,
We have no email documentation, a signed form selecting the Smooth Move option, or payment for that service. See attached ledger again showing that no payment was ever made or charged for the Smooth Move Package.
In regards to the appliances, the refrigerator and washer were not replaced due to operational issues, it was due to the inability to remove the marker/ink from them without affecting the coating on the machine. The washer and refrigerator both had varnish damages from the marker removal and could not be returned to the provided condition. The microwave required replacement due to the amount of debris and food inside the vents and fan inside the machine. It was unable to be cleaned. Please see enclosed invoices for appliance replacements, you will see you were credited for the time used from actual cost.
We understand there is normal wear to apartments due to living, but these damages were beyond normal which required replacements vs. repairs.
All charges were actual expenses incurred by the property to make the apartment ready for lease.
Customer Answer
Date: 05/24/2023
[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
Complaint: ********
I am rejecting this response because:
Please attached my sign papers with my signature saying I opt out of the cleaning service because I specifically on 3 occasions asked and was told that yes ur opt in to the cleaning service had I known that you guys can't clean and only replace !! I would have cleaned the fridge micro and other items ... To me it only sounds like excuses for not doing the work. Any marker and that's only ink marker if on a steal or plastic can be easily taken off by acetone and I don't need to go to ******* and bring you the item for you to know since I know your not born yesterday. What it looks to me is that you guys refuse to hold ur end of the agreement and didn't clean my apartment only to charge me to replace ur appliances and the treatment I am getting is very racially motivated since I am a person of color and you guys are just taking advantage of me since day 1 . Had the apartment been cleaned like I asked and front desk lady said yes ... And even in emails .. This would have never been an issue .
Regards,
*************************Initial Complaint
Date:03/31/2023
Type:Service or Repair IssuesStatus:ResolvedMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
'd give 0 stars if I could - Living at the property for 6 months now and there seems to be something that occurs every few weeks; constant in-unit maintenance issues, building maintenance, water shut-offs, +2 months of elevators being out of order, etc. However, these last few days take the cake. A pipe was drilled into causing severe water damage. While the property is dealing with the damage to the apartment itself, nothing is being done for the HUGE inconvenience this is causing its residents. In my unit, there are 6 massive industrial fans and an enormous dehumidifier that have to run 24 hrs a day for up to 5 days. It sounds like we're inside a generator. It's making it impossible to keep the apartment cool, our apartment spiked up to 80 degrees last night because of the hot air that's being circulated. Talking to the property management office was of no use. I asked if they planned on putting ** up in a hotel and their response was that our apartment was still "inhabitable" - it sounds like we're inside of a generator, the fridge was moved to the middle of the kitchen, there are fans everywhere, no one wants to be paying to live in that situation. I asked if they were planning on reducing our rent for the days that this is happening or at least throwing in a free month of parking but it was useless trying to talk with them. They're sticking to the narrative that because it's not their fault, they don't have to do anything to smooth the situation with the actual residents. They needed to shut the water off to do some repairs so most of the day we didn't even have water. Once it was restored, we ran the faucet only to find that the water was a putried yellow color. We ran it for several minutes before it ran clear again. My husband and I work from home so not only is this our home but it's our workspace so we can't escape it. Our experience with the property was already sub-par but this will make sure that we never sign with another Bozzuto property again.Business Response
Date: 05/02/2023
Good Morning,
I wanted to note that this resident submitted this back on March 31st. I spoke to this resident around that time already as they had shared a review on ************** also. We were able to provide a better understanding on what took place and let her know that we dont compensate when these types of issues occur, but we do make it all whole again.*******, you may recall performing a site visit while I was on the phone with her following the below response.
Please note my response from that time. If you need anything else, please let me know. Thank you!
Hi ****,
I left you a voicemail earlier as I was hoping to speak with you directly regarding your concerns. We want to take a moment to apologize for any inconveniences you may have experienced since moving in. We can imagine that being impactful to you and the community as these have been unexpected. We understand that your apartment was recently affected by last weeks incident caused by our contractor and for that we are very sorry. When we experience an emergency like that, it is imperative that we work to dry the area which is why you have fans and/or dehumidifiers. I understand a member of our team also recommended our club room or access to a sister a community while you work. Maintenance mentioned these items have been removed from your apartment, but we would be more than happy to extend this to you as we plan to return for further repairs. Does that work for you?
When we receive any emergency, its not in our practice to compensate but instead work to make things whole again as quickly as possible. In this case, our community did respond immediately and have taken all proper steps in working towards restoring everything for our residents.Again we apologize for any inconvenience this may have caused you and appreciate your understanding as we work to resolve this. Should you have any additional questions, please do not hesitate to reach out to ** directly.
*********************************
General Manager, *********************
***************************************; | ************, ** *****
(O)************ | *********************Customer Answer
Date: 05/11/2023
[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********.
Regards,
***************************Initial Complaint
Date:03/22/2023
Type:Customer Service IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
I owe a balance. I'm not disagreeing with that - I am however disagreeing with the total amount as its not in line with my lease. I have tried multiple times to talk to someone about this with very little success. I've called/ emailed regional, the property manager, their legal team, ******************* ….and tried to reach all the way to the top, so this issue can be handled. I have even left messages with the operator. No one wants to talk to me and the one interactions I was privileged to have, the leasing manager stated to me that the apartment was nice enough already and If I disagree with the amount I will be sent to collections. What he also explained, in that same conversation was he wasn't the decision maker, but wouldn't allow me to talk to someone who was so that I could have an understanding of the logic/legality being used to keep those incorrect charges listed on my account. Although communication has almost been non existent, they did acknowledging issues with my bill but continue to disregard my concerns. The company is bullying me into signing an agreement on the amount they believe I owe with out trying to resolve my issues on the total amount.In the same Conversation and only one I had with the leasing manager, he stated that vita could charge any amount they want because I moved out owing a balance and it voids the contract.I find so many problems with that mentality both legally and morally.I just want to speak to someone on this issue, who is able to explain, using logic, on why this is acceptable to over charge me AND believe someone should apologize for the lack of communication, and horrible customer service I experienced.Business Response
Date: 04/03/2023
From: *************************** <***********************************>
Date: Mon, Apr 3, 2023 at 2:41 PM
Subject: FW: You have a new message from the BBB of Metro Washington DC & Eastern Pennsylvania complaint #********.
To: ***************@mybbb.org <*******@mybbb.org>
Good Afternoon,
I have to respond to this complaint directly. The property was sold on 11.22 and Bozzuto is no longer involved in the management of the property. If she was a current resident at the time all her files were turned over to the new management. I think she is a bit mistaken.
Kind Regards,
***************************
6406 Ivy Lane | Suite 700 | [Greenbelt, MD | 20770
(O) ************ | bozzuto.com
NAMED A TOP WORKPLACE BY THE ********** **** SIX YEARS IN A ROWInitial Complaint
Date:02/14/2023
Type:Product IssuesStatus:ResolvedMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
In July 2022, we began my lease of apartment ****, and paid an $800 annual (1-year) community fee to ******, a Bozzuto-managed property. In January 2023, we moved out of our apartment # ****. We lived there for less than a year.On February 3rd, I received a move-out statement and a refund check, describing the fees and deposits being refunded to me. Not included in the refund check was a partial refund of the $800 annual community fee.Since we moved out before a year was up (191 days of tenancy), we are entitled to receive a partial refund of that annual fee. I calculate it to be around $381.06 ($800 / 365 days = $2.19 x 174 days unused = $381.06).We moved out in January 2023, rather than finishing our 1-year lease at ****** because of the burst pipe incident of December 26, 2022. The sprinkler system is presumed to have malfunctioned, displacing all residents for a week and some for much longer. Due to environmental, building, quality-of-life, and health/safety concerns, we moved before our July 2023 lease end date. We would not have been forced to do so, if we didn't have to deal with the residual mold/mildew smell in hallways and common areas and the inconvenience of renovation crews working on the building all day, every day. Paying over $3,300 per month in rent and being forced to deal with these inconveniences would be absolutely ridiculous. I have emailed *******************************, General Manager and the ****** leasing office on 2/3/23 and 2/11/23 and have not received a response.Please refund me a partial amount of the annual community fee - $381.06.Customer Answer
Date: 03/06/2023
From: ************************* <***********************************>
Date: Mon, Mar 6, 2023 at 4:10 PM
Subject: Re: You have a new message from the BBB of Metro Washington DC & Eastern Pennsylvania in regards to your complaint #********.
To: Better Business Bureau <[email protected]>
The merchant reached out to me directly and provided the refund already. Could you please retract this complaint?Initial Complaint
Date:01/25/2023
Type:Customer Service IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
On Tuesday, January 23 around 4:18 pm I called this company to inquire about a disability accommodation requests regarding one of their policies. I called ************. I was transferred to someone and she was not only dismissive but extremely rude. She said that if I needed disablity accommodations that I would need to contact the social services or housing offices for them to help me with that. I was shocked I couldnt believe my ears. When you need disability accommodations you have to deal with the complex you are applying to. She assumed that I was someone who needed states assistance since I was talking about a disability. She also stated to me that I would have to ask the property that I was applying to. I told her that some properties arent receptive and I was hoping their could help me at their level. She explained that they were just property managers not the owners. I asked her very politely who the owners were and she told me that it wasnt any of my business. Not only did I feel dismissed. I felt extremely discriminated on as I was only seeking help for fair accommodations to housing. This is a very delicate issue and I was only asking for guidance on what paperwork needed to be filled out by DOD to verify that the said accommodation was needed due to disability. She didnt have to speak to me like that. She couldve helped me facilitate it.Business Response
Date: 02/14/2023
I am so sorry that this prospect felt like she was being dismissed. The corporate office Customer Service is not trained to handle application process. Each site handles their application and process and know if they are able to accommodate someone with disability. The Frontdesk or Customer Service can give the contacts for the properties and refer prospects, but cannot provide leasing information or availability.
The offer for the individual to seek assistant with Social Services is to offer support. Social Services have told us from time to time to refer individuals who are having difficulty.
We are not able to evaluate an individual on the phone, so we can only refer them to a property or Social Services.
Please be aware the individual who tried to help you was not being unkind, but sometimes, just do not have the kind of information the caller was requesting. All leasing is done at the properties, not from the corporate office.Initial Complaint
Date:01/24/2023
Type:Sales and Advertising IssuesStatus:ResolvedMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
Bozzuto Property Management violated my rental lease in my NYC apartment. Midway through my two year lease, they increased my monthly rent and claimed it was due to errors their company made a year prior. Although I knew a lease to be binding when signed, they changed the lease terms and demanded we pay significantly more money per month, even though we did not agree to that when we signed the lease. We moved out on January 14th an they charged us for the full month's rent, despite our lease ending on January 15th. When we did not pay them the full month's rent for an apartment that we legally only had for half the month, they took the entirety of our security deposit. On top of taking our entire deposit, they had the audacity to stay we owed them money still! There is a lot of turnover with property managers at our building (*** **** **** ******, NY NY *****), and we dealt with three different property managers in our two years there. The current property manager made me feel very unsafe, as he was very aggressive, inappropriate and extremely unpleasant to deal with. I reached out to his supervisor to explain I no longer felt comfortable or safe communicating with him, but nothing was done and he continued to be my point of contact. When we had repairs needed for our apartment, our property manager was usually not in the office or had left for the day, impossible to reach. I really hope this can help someone else from having the same unfortunate experience we had. Prior to January 2023, we always paid rent on time and in full every month and were great tenants during our time there.Business Response
Date: 02/21/2023
From: Cody Roberts <************@bozzuto.com>
Date: Fri, Feb 17, 2023 at 3:14 PM
Subject: Complaint ID ********; ********* *********
To: *******@mybbb.org <*******@mybbb.org>
Cc: ****** ******* <********@bozzuto.com>, ****** ****** <*************@bozzuto.com>, ****** ***** <******@bozzuto.com>
Dear ***** ***** and the BBB,
I hope this letter finds you well. I do apologize for the long read ahead. I have additionally attached the original complaint that was sent to ****** ******* Thursday, February 9, 2023 12:21 PM.
Please find below a table of contents in relation to the claim submitted:
Full Picture
Office Hours/Chain of Command
Rent Stabilization
Lease Terms
Amortization Letter
Letter vs. Rider
421-A Surcharge
Charges Explanation
Security Deposit
Slander of Character
Work Orders
Full Picture
The resident in question was told they could pay a net effective rent by an amortization letter. The letter only stated that we would allow them to pay the net effective rent and mentioned both the preferential and legal rent of the unit. The resident received 4.5 months of concessions, which were included in the net rent calculation. The resident failed to pay the correct amount, and the variance payment amounts are listed in the charge’s explanation. The resident received a delinquency notice for the balance owed on April 21, 2022. The resident brought the letter to my attention, and we discussed the resident's ledger via email. Due to the underpayments, I explained that continuing to pay that amount would not work moving forward, and I gave the resident several options to pay the new net effective rent. The resident disagreed and stated that we increased their rent. After several email exchanges, my regional manager was brought in to review the lease, payments, and emails, and they reiterated what I had explained to the resident. The resident then agreed via email to change the payment amount. Additionally, due to the resident's issue, a gift card was offered for the troubles. The resident did not adhere to the advice given. The new amortization calculation included the remaining concession, remaining rent to the end of the lease, including the last month's pro ration, and remaining balance owed. However, on the final month of the lease, the resident did not make the agreed amortized rate, nor did we receive any payment. Therefore, there was a balance on the account, and we used the security deposit to cover it. Additionally, once the final utilities were posted, the resident had a balance owed on the account. The resident had been previously informed via email on December 20, 2022, listed in the security deposit section of this email, explaining how the security deposit is processed upon move-out. The resident and I exchanged emails regarding the final payment after move-out, but the resident seemed not to grasp that they needed to pay a full month instead of prorating their amortized rate. Since this concept was not being grasped, the email was written in different ways with the same information. Then the request for my regional was made again, and as they were on vacation, I forwarded all the emails and information regarding the resident's issue to the regional whom was covering. That regional set up a call and advised us to waive the outstanding charges. We did so, and the resident then placed a complaint with you. We will not be returning any of the security deposit as the contractual obligation had not been met by the resident. Any further dispute will need to go through our attorneys.
Office Hours/Chain of Command
My availability for office hours is from Monday to Friday, either from 8-5 or 9-6, depending on my workload and appointments. During this period, I take an hour-long lunch break. As the only on-site representative for ******** ******** *****, I report to a regional manager and an SVP. However, due to my responsibilities, such as conducting leasing tours, vacant apartment inspections, resolving issues, handling deliveries, and bank runs, I am at my desk approximately 60% of the time.
Rent Stabilization
******** ******** ***** is a Rent Stabilized property in New York City, and as such, we must follow the guidelines set by the NYC Rent Guideline board and the NYC HCR. More information about these guidelines can be found at the links provided: ********************************************* *** *******************. It's worth noting that we are set to begin destabilization on July 1, 2023, as stated in our residents' lease on page 18.
Lease Terms
Our lease is 67 pages long, and I will copy and paste relevant information from the document. On the first page, the rental rate is listed 12 times as $3,733.00. The lease term is for two years, starting from January 15, 2021, to January 14, 2023, with a preferential rent of $3,733.00.
According to page 3, which is the standard form of the apartment lease issued by the Real Estate Board of New York, Inc., the legal rent is $5,296.20 until adjusted pursuant to Article 4. Additionally, the security deposit amount required is $3,733.00.
The Rent Concession Rider on page 29 states that the resident(s) will receive 4.5 months free on an 18-month lease term. The resident(s) are also able to terminate the lease term after 18 months with no penalty or fee. The concessions will be added to the resident's account in the following manner: February 2021 - $3,733, June 2021 - $1,866.50, November 2021 - $3,733, February 2022 - $3,733, June 2022 - $3,733.
On page 31, the new legal regulated rent is calculated as the sum of 1, 2, and 3-G, which results in a rent of $5,296.20. If charged, the preferential rent is $3,733.00.
Amortization Letter
The past manager wrote a letter to a resident stating that they were allowed to self-amortize, also known as paying net effective rent. However, this is not standard practice and the current representative is unsure why it was done. Self-amortization requires the resident to pay the exact amount every month and adjust for utilities, which the resident did not follow. For confidentiality purposes, the names of the residents have been changed.
The letter from the past manager reads, "Landlord is allowing Residents to pay the NET effective rent on a monthly basis; equal to $2829.75 per month+ utilities. Also, please let this letter clarify the tenant's legal rent vs preferential rent. The legal rent is located on page 3 and is $5296.20. With ******** ***** being a Rent Stabilized Building, NYS requires us to list the legal rent; the rent in which we cannot legally charge above. RESIDENTS will be paying the Net effective rent based on the gross price of $3733. This is located on page 1."
Letter vs. Rider
Explained via email on January 24th, 2022
In legal terms, a letter is a document that is signed by one party and is typically used to convey information or make a request. It may not have any legal binding power and is usually not considered a formal part of a contract or agreement.
A rider, on the other hand, is a document that is added to an existing contract or agreement and is signed by both parties, indicating that they have agreed to the terms outlined in the rider. It modifies, adds, or clarifies the terms of the original agreement and is legally binding on both parties. A rider is often used to make changes to a lease agreement, such as adding or removing clauses, changing rental rates, or extending the lease term.
In summary, a letter is a standalone document that may not have legal binding power, while a rider is an amendment to an existing contract or agreement and is legally binding on both parties.
421-A Surcharge
A 421-a rider is a document that provides a tax abatement benefit to property owners who create new or renovate existing residential buildings in New York City. The rider outlines the terms and conditions for receiving the tax abatement and is attached to the lease agreement.
no surcharge was charged to the resident during their two-year lease. A 421-a rider typically allows a landlord to increase the rent by utilizing a surcharge, but it does not necessarily mean that the landlord must utilize it. It is up to the landlord to decide whether or not to utilize the surcharge
Page 18
“421-A RIDER TO LEASE AGREEMENT
NOTICE RE: 2.2% RENT INCREASES AND EXPIRATION OF RENT
STABILIZATION
1. RENT REGULATION. Pursuant to Real Property Tax Law Section 421-A ("Section 421-A") and the rules promulgated thereunder by the N.Y.C. Department of Housing
Preservation And Development (the "421-A Rules"), Owner has obtained real estate tax benefits ("421-A Tax Benefits"). Solely as a result of obtaining 421-A Tax Benefits, the
apartment is regulated under the Rent Stabilization Law and Code and Chapter 4 of Title 26 of the Administrative Code of New York City, all as heretofore and hereafter amended
(collectively, the "Rent Regulations"). Upon your request, Owner will make available to Tenant for review at Owner's office a copy of the Rent Regulations.
2. TERMINATION OF RENT REGULATION. Owner estimates that the 421-A Tax Benefits for the building will expire on or about June 30, 2023. Upon the expiration of the lease in
effect when the 421-A Tax Benefits expire, the apartment will no longer be subject to the Rent Regulations and Tenant will then not be entitled to a renewal lease and the apartment
will not be regulated as to the amount of rent that Owner may charge tenant or any other person for the apartment. If the Owner should elect to renew the lease at that time, the
Owner will not be legally bound by any governmental rent guidelines and may charge an unregulated rent.
3. ANNUAL 2.2% RENT INCREASES. In accordance with section 421-a, the 421-a rules and the rent regulations, beginning at the start of the real property tax phase-in period (the
"phase-in period") of the 421-a benefits which will occur in the 1st year of the 421-a tax benefits, the monthly rent will be increased by 2.2% of the monthly rent actually charged for
the apartment at the commencement of the phase-in period ("2.2% increase"). Successive additional 2.2% increases (each in the same amount as the initial 2.2% increase) shall be
added to the monthly rent every year as of each July 1st thereafter. These 2.2% increases will be in addition to any other increases that may be permitted under the rent regulations,
but the 2.2% increase will not be included in base rent while the apartment is subject to the rent regulations. Please note, in the event that the owner fails to charge a 2.2% increase in
any particular year, that increase may be collected at any time, but only prospectively.
4. TENANT'S CONFIRMATION. By signing this rider below, Tenant confirms that Tenant has received and read this rider.
ACKNOWLEDGEED, UNDERSTOOD AND AGREED:”
Which is a signed by both tenants and the Bozzuto Agent whom was responsible for IMH at the time.
Charges Explanation
Email sent on January 24th 2022 relevant portion.
“As stated in your lease, the monthly rent for the two-year period is $3,733. This amount was prorated for the first and last months of your tenancy, resulting in a first month prorated amount of $2,047.13 and a last month prorated amount of $1,806.29. When these prorated amounts are combined with the 22 full months of rent, the total amount owed for the two-year tenancy comes to $89,712.42.
You also received a concession of 4.5 months of rent, which amounts to $16,798.50. Subtracting this concession from the total rent owed results in a remaining balance of $72,912.92, before utilities and fees.
When taking into account your utilities and fees, which came to $4719.36, the grand total owed for your tenancy is $77,632.28. You have already paid $73,681.15, leaving a remaining balance of $3951.13.
Additionally, upon processing your security deposit refund $3733, we have used it to pay your remaining balance and brought the amount owed to $218.13. “
It is important to note that the system does not automatically recognize a move-out and does not prorate the final month, hence the credit was added. Furthermore, your gross rent was never higher than $3,733, except for an instance on 2/1/2021 where it was incorrectly charged at $4,660.38, but you received a credit of $927.38 on the same date. There was also an instance on 1/15/2022 where it was incorrectly charged $2555.69 and a credit of $508.56 was given.
Variance payments received vs agreed. Relevant portion copied from email on January 25, 2022.
“I would like to bring to your attention that you did not pay the net effective that was agreed upon January 2021 (Short $782.62), March 2021 (Short $1926.50), May 2021 (over $34), June 2021 (short $15), Aug 2021 (Short $2.38), Sep 2021 (short $20), October 2021 (over $19.17), January 2022 (Short $50), May 2022 (over $2041.51) , Revision in June 2022 due to prior mistakes, August 2022 (short $.63), Sept 2022 (short $189.69) and January 2023 (short $3640.86). Therefore, even if your letter was legally binding, you did not adhere to the terms of the letter or Regional’s revision.”
Security Deposit
Email sent regarding security deposit processing
“o Security Deposit
Don’t worry we haven’t forgotten your Security deposit will be processed within 14 days of moving out. Normal Delivery time is under 2 weeks from processing the refund through USPS . Please provide us with the forwarding address as the security deposit will be sent via mail. Failure to provide a valid address will result in the security deposit being sent to your ******** ***** Address. Additionally a few things may affect your refund.
1. Over payment or credit on the account will be added to the refund
2. Any balance on the account that has not been paid will be deducted
3. Final utility billings will be deducted
4. Security deposit interest will be added for the current year
5. Any damages outside of normal turn repairs.
Let’s say we have processed the refund but you haven’t received your check that we sent. Please let us know we will be happy to recut the check and send it overnight. Please note that any request that comes through on the weekend will be responded to the following Monday.”
Slander of Character
I must respectfully disagree with the residents statement. In my interactions with the resident, I have always been professional and courteous. I have provided her with detailed explanations and have not engaged in any behavior that can be deemed aggressive or inappropriate. I would be happy to provide any communication between us if legally requested to support this claim. Furthermore, my manager has been copied on most of our correspondence, which can attest to the professional nature of our communications.
In cases where there are legal or urgent matters, I provide a detailed and direct response to ensure that all issues are addressed promptly and effectively. As evidenced by this email, I take great care in my communication and strive to ensure that all parties are treated with respect and professionalism.
Work Orders
The building has 894 units, 162 are the ******** portion. The building has a shared maintenance for all 894 units. I have attached the full log of the unit’s maintenance request in which there was never a long wait for a work order to be addressed.
REG Date is date requested Hold until is the clsd date
Request ID Unit # Status Reg Date Hold Until
***** Apt. *** - (Deactivated) Closed 10/28/2022 Clsd 10/28/22
***** Apt. *** - (Deactivated) Closed 10/29/2022 Clsd 10/30/22
***** Apt. *** - (Deactivated) Closed 6/16/2021 Clsd 6/16/21
***** Apt. *** - (Deactivated) Closed 6/16/2021 Clsd 6/16/21
***** Apt. *** - (Deactivated) Closed 6/16/2021 Clsd 6/16/21
***** Apt. *** - (Deactivated) Closed 11/8/2022 Clsd 11/8/22
***** Apt. *** - (Deactivated) Closed 11/8/2021 Clsd 11/9/21
***** Apt. *** - (Deactivated) Closed 12/14/2021 Clsd 12/15/21
***** Apt. *** - (Deactivated) Closed 9/1/2021 Clsd 9/1/21
***** Apt. *** - (Deactivated) Closed 9/1/2021 Clsd 9/1/21
***** Apt. *** - (Deactivated) Closed 9/1/2021 Clsd 9/1/21
***** Apt. *** - (Deactivated) Closed 9/1/2021 Clsd 9/1/21
***** Apt. *** - (Deactivated) Closed 9/1/2021 Clsd 9/8/21
***** Apt. *** - (Deactivated) Closed 9/14/2021 Clsd 10/1/21
***** Apt. *** - (Deactivated) Closed 12/14/2021 Clsd 12/15/21
***** Apt. *** - (Deactivated) Closed 12/14/2021 Clsd 12/15/21
***** Apt. *** - (Deactivated) Closed 12/20/2021 Clsd 12/22/21
***** Apt. *** - (Deactivated) Closed 3/29/2022 Clsd 3/30/22
***** Apt. *** - (Deactivated) Closed 1/28/2021 Clsd 1/29/21
***** Apt. *** - (Deactivated) Closed 1/26/2021 Clsd 1/26/21
***** Apt. *** - (Deactivated) Closed 6/24/2022 Clsd 6/25/22
***** Apt. *** - (Deactivated) Closed 2/7/2022 Clsd 2/7/22
***** Apt. *** - (Deactivated) Closed 2/9/2022 Clsd 2/9/22
***** Apt. *** - (Deactivated) Closed 2/7/2022 Clsd 2/17/22
***** Apt. *** - (Deactivated) Closed 10/26/2022 Clsd 10/29/22
***** Apt. *** - (Deactivated) Closed 6/24/2022 Clsd 6/25/22
***** Apt. *** - (Deactivated) Closed 2/5/2021 Clsd 2/6/21
***** Apt. *** - (Deactivated) Closed 3/31/2021 Clsd 3/31/21
***** Apt. *** - (Deactivated) Closed 3/31/2021 Clsd 3/31/21
***** Apt. *** - (Deactivated) Closed 1/16/2021 Clsd 1/17/21
***** Apt. *** - (Deactivated) Closed 1/16/2021 Clsd 1/17/21
***** Apt. *** - (Deactivated) Closed 1/16/2021 Clsd 1/17/21
***** Apt. *** - (Deactivated) Closed 1/23/2021 Clsd 1/23/21
***** Apt. *** - (Deactivated) Closed 1/28/2021 Clsd 1/29/21
***** Apt. *** - (Deactivated) Closed 1/28/2021 Clsd 1/29/21
***** Apt. *** - (Deactivated) Closed 4/20/2021 Clsd 4/27/21
***** Apt. *** - (Deactivated) Closed 5/16/2021 Clsd 5/18/21
***** Apt. *** - (Deactivated) Closed 5/16/2021 Clsd 5/18/21
***** Apt. *** - (Deactivated) Closed 5/17/2021 Clsd 5/18/21
Please let me know if you have any questions.
Hope you have a wonderful presidents day weekend ahead of you.
Warm Regards,
Cody R******
Property Manager,
******** at ******** *****
*** **** **** **. | New York, NY *****
(O) ************ | (F) ************
**********@bozzuto.com
******** at ******** *****Customer Answer
Date: 02/21/2023
[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.
Regards,
*************************************Initial Complaint
Date:01/23/2023
Type:Order IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
Company lied and falsified documents. Double Credit reportedBusiness Response
Date: 02/06/2023
We are sorry that this individual filed a complaint and really do not understand the purpose for the complaint. This particular individual did not apply. The other person was denied.
Just for clarification, Bozzuto does not handle the screening. We have a third party company that does the screening. The site team receive a response to accept, deny or accept with guarantor or full security deposit. The sites do not see the credit report. They are advised to submit an inquiry to the third party screener for a copy of their credit report or reson for denial.
Initial Complaint
Date:12/12/2022
Type:Service or Repair IssuesStatus:ResolvedMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
We lived at *********** managed by Bozzuto for 2 years from 6/6/20-6/6/22. It has been 6 months since we moved out, and we still have not gotten our security deposit or the remainder of our final payment back. On 4/9/22, we received a notice of a 16% increase in rent, so we decided to not renew the lease. We emailed the manager to notify our intent to move out at the end of our lease. They informed us to complete the notice-to-vacate form and stated a separate move-out packet will be sent. On 5/19/22, we visited the management office to ask about the move-out packet since we still haven't received it. They printed it out during the visit, but the charge for lease termination was calculated for a move-out date on 6/9, despite our lease ending on 6/6. This is more than a $300 overcharge for the extra days. Upon questioning, they responded saying that a 60 day notice is required, and that we notified them on 4/10. We stated we did not receive the notice for rent increase until 4/9 and thus could not have decided to move out prior. The manager then agreed to return the move out date to 6/6 and printed us an updated estimated charges for lease termination. Prior to leaving, I overpaid the monthly bill in order to cover any utility charges that would be charged after the last rent statement. On 6/2/22, we returned the keys and left the premises. When asked about the security deposit and returning any leftover sums, management said they will return via mail. We gave the address and finished the check out process. To this day, we have not received our security deposit, nor the remainder of our payment minus utility charges (estimated at approx. $380), despite multiple attempts in contacting them. Management is unreliable and unresponsive. Highly unprofessional and does not care for former tenants. I later found out that Bozzuto has left ***********, and is now impossible to contact about this unfortunate situation.Business Response
Date: 01/09/2023
From: ***************************** <**************@bozzuto.com>
Sent: Thursday, January 5, 2023 5:11 PM
To: Leader*******@mybbb.orgPhone
Cc: ****** ******* <********@bozzuto.com>
Subject: Consumer Complaint #********
To whom this may concern,
We are in receipt of the above referenced claim. However, I am not able to access it as my e-mail address is not recognized by the BBB system. What I think is happening after reviewing this file, is there was a clerical error when processing it post move out.
It looks like the resident's NTV was received on April 10th, so the move-out date was indeed set for 60 days later 6/9 instead of their lease expiration date of 6/6. The notice to vacate form and the notice to vacate packet are not attached to the resident profile, so we have no way to verify if it was received on the 10th or if that's just the day it was put into our database.
As it stands now, the resident owed the property $150.11 after applying their security deposit ($99). If the move out date had been 6/6, they would be due a refund of $156.09.
We are revising the statement of deposit accounting and will send to ****** (new management company) for refund once the adjustments have been made. On the surface it looks like the resident just gave his notice to vacate a few days too late and was financially responsible 3 days past the lease expiration date, but without access to the recordkeeping we have no way to prove it. Please let the former resident know we are working on the refund I would think this could be accomplished within 30 days.
Please feel free to reach out to me should you have any questions or need any additional information.
Sincerely,
******************************************
.comCustomer Answer
Date: 01/16/2023
[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
Complaint: ********
I am rejecting this response because: I'm trying to upload another document for this case.As I have stated in the original claim, the property manager of *********** at time agreed to change the move out date to 6/6/2022. They printed out a new move out estimate (see the document attached). However, from the phone calls after I have moved out, I learned that they forgot to change the move out date in the system and therefore I was over charged. Most of the discussion with the property was with phone calls and was not recorded. In the original attachment, the last response from the property manager said that a refund and move out statement will be sent to me. I am still waiting for both of them.
When I still had the access to the resident portal, I saw that I was also charged for the utility between 6/6/2022 to 6/9/2022. Please provide me an updated statement and estimate of when I will receive the refund. Thank you.
Regards,
*** ***Customer Answer
Date: 08/15/2023
The refund has been received after the initial complaint.Initial Complaint
Date:11/16/2022
Type:Order IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
On 10/4/22 we submitted our lease renewal agreement to *************** who was currently being managed by ******** properties. Once we found out Bozzuto took over, the lease renewal agreement and proof of insurance was provided on 10/21/22 and we were informed we should have our lease in a week seeing as our terms expired on 12/10/22.A week later I was informed the lease wasn't available, but they would get to it soon. On 11/4/22 I was informed by the leasing manager I would have the lease to sign by EOB. Once again, I checked in after a week had passed and we had not received our lease and our concerns were dismissed that it would come eventually. It is currently 11/16/22 and nearly a month later we still do not have a copy of the lease we agreed to continue. As of right now, Bozzuto is refusing to say whether we can stay in our apartment with less than 30 days left on our lease. I have exhausted all options and reached out to both the general manager and regional manager to simply get a copy of our lease to sign after nearly a month.Business Response
Date: 11/28/2022
From: Elsie P************** <***************@bozzuto.com>
Date: Mon, Nov 28, 2022 at 1:33 PM
Subject: Complaint #********
To: *******@mybbb.org <*******@mybbb.org>
Cc: Monica J****** <********@bozzuto.com>, Kelleigh N**** <**************@bozzuto.com>Dear *****,
Thank you for reaching out regarding the attached complaint submitted by *************
************************* visited our leasing office in the first week of our transition, mid to end of October. He explained that he was up for renewal and had already sent his renewal offer letter back to ********, stating he had agreed to renew.
Our office informed him that we were still getting set up with our systems and that we would be back in touch with him to finalize his renewal. We asked him to forward his email thread with ******** with the information and details on what they agreed to for the renewal terms.
We assured him, on multiple occasions, that we would honor his renewal agreement with ******** and send him the documents with the agreed-upon rates and terms.
We thanked him for his patience during the transition period of Bozzuto taking over. In addition, he had been communicating back and forth with our office regarding a separate issue. Once we closed the problem, he followed up with the leasing office on the weekend of 11/13 about his renewal. On Wednesday, 11/16, we called him to notify him that his renewal lease was generated and sent, and according to our records, he signed it that same day. Unfortunately, we are still waiting on the signature from his fianc, the other leaseholder on the account, and we have resent it again today.
Again, thanks so much for reaching out. Please let us know if you require any further clarification on your end. We are always happy to comply.
Warm Regards,
Elsie P***********
General Manager, ***************
*** ************ | Jersey City, NJ *****
(O) ************ | ********@bozzuto.com | *****************
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