In May, 2010 I sent an invoice and demand letter for damages to the offices of Kier Property Management. Evidently, Kier turned these items over to their attorney, Bryon J. Benevento.
Apparently, Mr. Benevento was ill informed, (or outright lied to) by his client, regarding the issues at hand, as almost none of the information in this letter to me is remotely accurate.
(or true)
Apparently, Mr. Benevento was ill informed, (or outright lied to) by his client, regarding the issues at hand, as almost none of the information in this letter to me is remotely accurate.
(or true)
Utilities:
After 4 years of addressing the out of control natural gas bills during the winter months, (some more than $3,000 per month) and what, if anything could be done about them, Kier's brilliant solution was to, "Ask HUD for a special utility increase to pay them". (something I later discovered you can't even do). Kier had the building's boiler set-up to run 24/7 for the entire winter. The units would become so hot, the resident's would have to open their windows just to stay comfortable. (even during snow storms)
In December 2009, I purchased a $59 timer from Lowe's Home Improvement Store and had it installed on the boiler by Kier's own plumbing and heating man, Joe Hoskins, who informed me that Kier had other properties whose boilers had this same set-up, yet Kier failed to metion it.
NOW: •The timer cycles the boiler on and off; •The tenants don't have to open their windows during snow storms; and •My gas bill has dropped by well over 50%. The $59 cost of the timer and the $150 cost of installing it, fell WELL below the $1,000 limit that Mr. Benevento refers to, regarding expenditures.
NOW: •The timer cycles the boiler on and off; •The tenants don't have to open their windows during snow storms; and •My gas bill has dropped by well over 50%. The $59 cost of the timer and the $150 cost of installing it, fell WELL below the $1,000 limit that Mr. Benevento refers to, regarding expenditures.
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(just like the estimated $6,700+ that Kier wasted every year on excessively high gas bills)
In fact, the ONLY time I refused Kier's request for funds is when they asked me for Thousands of dollars to compensate for their breach of our contract together.
Negligent Applicant Screening:
Negligent Applicant Screening:
The 'established screening process' that Mr. Benevento refers to, regarding new tenant screening, is an embarrassment. Of the last tenants that Kier had placed in my building, One had charge-offs totaling over $27,000. and a state tax lein. Another had charge-offs totaling nearly $15,000 and had 3 other persons living in the unit with her that were involved in drug and gang activity on the premises. One was keeping a phony assistance animal (that Kier approved) which wasn't even the same assistance animal that appeared on her Kier approved verification form. Combined, these tenants caused over $75,000 in damages to their units and the property, yet having this information, Kier determined that these (now former) tenants would be a good risk for placement in my building.
Exterior Damage:
Mr. Benevento really steps in it (so to speak) when he insists that the rotting soffits of my building had been repaired by a previous owner in 2003. After a thorough examination of the soffits by the same contractor who contracts for Ogden City's, 'Home Sweet Ogden' program, there is absolutely no evidence of these soffits ever being repaired. The wood in question is ALL original and there is no evidence that other materials had been sistered into the original rotted wood to facilitate any such repairs. The reality surrounding this damage, is that Kier failed to perform simple, everyday, preventative maintenance to the building, allowing numerous years worth of pigeon droppings to accumulate in the building's rain gutters and exterior drainage system, causing the drainage system to become clogged with feces and debris, which in-turn caused rain water to back up into the eaves, which rotted them out (as you can see in this video)
Mr. Benevento further embarrasses himself by reiterating Kier's claims that they cleaned the pigeon droppings off of the building, "constantly".. "with a power wash that takes place once a year along with additional cleanings during the intervening times". The ONLY thing that Kier did which pertains to a power wash at my building, was to charge me for it.
- Kier last claims to have pressure washed the building on May, 20, 2009
- Less than one year later, on May 4, 2010, I personally removed over 1,600 pounds of pigeon droppings, which filled more than 5 large Hefty yard bags and pressure washed the building.
- Over a year later, on May 31, 2011, I personally removed the pigeon droppings from the building again, which filled less than 1/4 of the same size Hefty yard bag. (approximately 40 pounds)
In one year, there was over 1,500 pounds LESS pigeon droppings on the building that there was the year before??
Mr. Benevento... WHAT was your client doing with the pressure washer they charged me for?
Additionally, Kier charged me for a pressure wash of the building on July 15, 2008.... RIGHT IN THE MIDDLE OF A HOMICIDE INVESTIGATION TAKING PLACE AT THE REAR OF THE BUILDING.... REALLY??
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Monthly Statements:
Regarding Kier sending me the monthly statements for the building late (if ever), Mr. Benevento is ill informed yet again.
The ONLY method Kier used to deliver the monthly statements to me was via e-mail, per my instructions to them. Each email is marked with a date and time delivered on it. However, if Mr. Benevento wishes to insist that these statements were delivered to me via some other method, I hope he is able to produce proof of date and time delivered... because I can.
Willful Non-Disclosure During Purchase:
While it appears that Kier was not the selling entity at the time of purchase, they WERE the constant operators of the building from February 1987 until our contract terminated in November 2009. It was also Kier's maintenance man who attended the building inspection and answered all questions pertaining to the condition of the building's infrastructure. As the company contracted by me to operate and maintain this building, their fiduciary duty to me under that contract most certainly obligates them to disclose any known building defects to me.... and Kier most certainly knew about this one.
Negligent Maintenance and Repairs:
Mr. Benevento is clearly unfamiliar with the difference between, "Capital Improvements" and "Preventative Maintenance". At no time did I expect, or ask Kier to make any capital improvements to the property. To the contrary, prior to November 2009, I was completely unaware that any capital improvements were necessary, due in large part to misleading correspondence from Kier, indicating that all was well at the building.
Negligent Maintenance and Repairs:
Mr. Benevento is clearly unfamiliar with the difference between, "Capital Improvements" and "Preventative Maintenance". At no time did I expect, or ask Kier to make any capital improvements to the property. To the contrary, prior to November 2009, I was completely unaware that any capital improvements were necessary, due in large part to misleading correspondence from Kier, indicating that all was well at the building.
Property Tax Assessments:
Individual determinations can be made regarding the building's decreased valuation, by referring to the items found here.
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Recent Activities:
Finally, the, "recent activities" that Mr. Benevento refers to here, is my delivery of an estimated 250 pounds of pigeon feces that I removed from my building, to Kier's offices after obtaining the permission of their receptionist to do so. The feces were well sealed in heavy duty, Hefty yard bags and posed no danger of exposure to anyone. It is unfortunate that Kier couldn't extend that same courtesy to the tenants of my building.
As anyone can plainly see, Kier Property Management lied about their responsibility for the damages to my building and the numerous breaches of our contract together and their Snell & Wilmer attorney, Bryon J. Benevento reiterated those lies to me in this letter.
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- The following exchange of letters and e-mails are in chronological order, with my correspondence on the left and Mr. Benevento's correspondence on the right.
< From Me: From Mr. Benevento: >
Since the date of these exchanges, I have discovered countless instances of Kier's:
- Illegal and/or un-permitted repairs;
- Violation of health, safety, building and City codes;
- Negligence in maintaining resident files and records;
- Habit of placing tenant's lives at risk;
- Disregard for the safety of their own employees;
- Disregard of tenant requests for repairs and service; and
- Negligence in almost every aspect of the day to day management, maintenance and operation of this property.
Following Mr. Benevento's wishes to direct all further Kier related correspondence to him, I sent the following letter and attachments to him on May 11, 2011, requesting items from Kier that should have been provided to me upon the termination of my contract with them, yet Kier failed (or refused) to do so. I also requested other items such as permits for work that was done at the building, a contact list of former residents and the location of items which Mr. Benevento claims that Kier had purchased for the building and had work orders and receipts for, among others.
attachments
To which Mr. Benevento responded with the following e-mail:
In later requests, I also asked that Kier to provide some additional items:
I then consolidated my requests into one document and sent the following letter to Mr. Benevento via Registered U.S. Mail, to ensure proof of its delivery:
More than 30-days passed and I received none of the requested items from Mr. Benevento, sending the following to him via Electronic and Registered Mail.
Mr. Benevento immediately responded with this rudely worded email:
To which I responded:
Mr. Benevento ultimately sent the documents to the wrong address, mistakenly sending them to the building's address instead of to my address in California. (where he knows I live)
Bryon Benevento;
You lied to protect your client... you've been caught in those lies... and now it's time for your client
to pay the piper.
to pay the piper.
