Since the termination of my contract with Kier on November 30, 2009, I have discovered that besides breaching every possible term, condition and paragraph of our contract, Kier had also cut every possible corner during the rehabilitation of the building in 1987, doing illegal plumbing and electrical work which was later signed off by Ogden City Building Inspectors as, Properly Completed.
Another reason that I chose Kier, was the fact that they are a staunch member of the Ogden City backed and endorsed, "Good Landlord Program", in which its members are offered substantial discounts on their business licensing fees, in return for following the program's (reportedly) strict set of rules and guidelines, which I saw as an extra layer of protection in insuring that the building would be appropriately managed and maintained by Kier.
What I later discovered is that this program is a fraud. It is not enforced (unless convenient) and it's a prime example of a bigoted city program, which not only encourages members to participate in housing discrimination, it demands it, as a condition of continued program participation. As a result of the lack of program enforcement, Kier Property Management not only benefitted from the 90% reduction in their business licensing fees every year, for their participation in this program, but as you can see here, violated almost every rule of the program also.
Due to the fact that Kier was in constant contact and control of the building since 1987, they were able to continue cutting corners and making illegal, improper, or "patch and paste" style repairs to the building which has severely and adversely affected the building's structure and infrastructure. The more serious of these being: The illegal venting of the water heater: placing the lives of the tenants, as well as Kier's own employees at risk and which severely compromised the structure of the building. The illegal re-routing of a unit's kitchen sink drain into an exterior storm drain in the driveway: The illegal installation and mounting of 14 out of 14 toilet flanges that were somehow "overlooked" by Ogden City building inspectors.
Kier's mismanagement and neglect of this building became evident in 2008, when a tenant was violently raped at gunpoint in her unit, just 3 months prior to the brutal murder of a woman on the property, by a gunshot to the head, on July 14, 2008.
Kier employee, Terri Muchmore informed me that the murder victim was an alleged prostitute, who had been living with the tenant in unit #2, without authorization, and against the terms of that tenant's lease.
While Kier claims that it is not their policy to rent to prostitutes and drug abusers, it is abundantly clear that this claim is false. After ordering Kier to evict this tenant for violating her lease by housing a prostitute in her unit, Kier intentionally disregarded that order, even though their own employee states that she suspected this tenant of being a prostitute. I found out that Kier had deliberately ignored my order to evict this tenant, when Terri Muchmore informed me that the tenant in unit #2 had been evicted, after being arrested at the building for soliciting a police officer, nearly a year later.
It was then that I realized, that regardless of any directives I gave them, Kier had absolutely no intention of honoring my wishes and would continue to manage and operate the building exactly as they pleased, incurring whatever expenses they wished against the building while totally dismissing my input.
Historically, the Questar Gas bills for the building (which I pay for), typically ran as much as $2,000 to $3,000 during the winter months.
Each and every winter, I would have a conversation with Kier about what could be done in order to get the ever rising gas bills under control again. Kier's responses ranged from, 'There's nothing that can be done', to, 'We will ask Housing for a special increase to help pay the utility bills'. (which is not even possible)
Then, in January 2009, Kier suggested that I have a thermostat system installed in the building's stairwells.
This thermostat system would have cost me nearly $6,000 to install. What Kier neglected to tell me, was that there was no possibility for the system to work, because they had disconnected the radiators in the stairwells some months earlier. Kier knew that the radiators had been disconnected yet they never told me about it and continued to lead me towards going ahead with the improvement.
Kier breached nearly every sentence of every paragraph of the contract that they authored and required me to sign in November, 2005 when our contract together began. Throughout the 4 years that our contract was in effect, Kier was habitually late in providing me with the monthly statements for the building, delivering a whopping
26 out of 47 monthly statements to me, well after the 20th of the following month, as required by our contract.
Contrary to their claims, Kier failed to perform ANY kind of preventative maintenance at this building, and In fact, on multiple occasions, Kier routinely charged me for preventative maintenance at the building, that was clearly never done, which also caused significant damages to the building as a result of their failure and material breach of our contract.
Kier also failed to employ any sort of effective and/or adequate tenant selection policy or reasonable qualification criteria for placing tenants at the property, which resulted in over $75,000 in damages, being caused to the property by just the last 4 tenants that Kier approved for residency there.
Kier further failed to provide adequate (or any) resident or building supervision, enabling tenants, as well as their own employees, to run amok unsupervised, inflicting whatever damage to the property they saw fit. Kier's failure to keep themselves properly informed about what went on at the property and who was living there, undoubtedly contributed to the violent rape of a tenant in 2008, as well as the brutal murder of a woman on the property, only weeks later. This lacking also contributed to and enabled the tenant in unit #14, to house 3 additional occupants in her unit, aside from herself and her 4 children, who were later found to have been systematically disabling all of the various security systems at the building, in order to give their associates (and members of the O13 Gang), unlimited access to the building, right under Kier's nose, for the entire time they resided there.
Due to their standing and reputation in the community, Kier Property Management, Kier Construction and the Kier Corporation, were often able to operate above, and frequently outside of the law, during the daily mismanagement of this building.
This is most likely the reason that Kier was able to:
- Convince Wells Fargo Bank to open and then permit two (2) DBA Business Checking accounts, to remain open for 4 years, when it is Wells Fargo's policy to close any such accounts within 30 days of their opening, if the account holder fails to provide them with the required documentation, showing proof that the DBA's have been filed.
- Illegally install 14 out of 14 toilet flanges and get Ogden City building inspectors to sign off on the work as being completed correctly.
- Illegally install and vent the water heater into a chimney flue without a permit, which significantly exposed tenants and their own employees to deadly co2.
- Illegally re-route a kitchen sink drain into and exterior storm drain in the building's driveway, which became clogged and overflowed into the parking lot.
- Generate false work orders, charging the building's account for pressure washers to remove the pigeon droppings from the building, when the work was clearly NEVER done.
- Participate in housing assistance fraud against HUD with the Ogden Housing Authority.
- Participate in questionable and/or unlawful banking practices.
- Cause and maintain a significant fire hazard that placed the resident's safety in serious jeopardy.
- Allow tenants to abuse the system by permitting them to add persons to their household, without reporting the change to HUD or the Housing Authority.
- Use a lease for the building that had been previously disapproved by both, HUD and the Ogden Housing Authority and then continue to do so, which placed my contract with HUD at serious risk.