Complaints

• Initial Complaint

  06/29/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I am experiencing numerous urgent health, safety, and housing issues with my residence at **************************************************************************** by Huber Property Management, Inc. These issues include an old and poorly maintained gas furnace, frequent pilot light issues with both the gas furnace and stove, improper washing machine drainage in the shared laundry room, presence of toxic black mold (Stachybotrys chartarum) affecting my daughter's health, secondhand smoke infiltration from an adjacent unit, inconsistent and discriminatory enforcement of pet policies, dangerous tree overgrowth, consistently overflowing trash bins, and lack of an accessibility ramp. Despite repeated attempts to resolve these issues with the property management, adequate responses and solutions have not been provided.

  

  Business response

  07/10/2024

  Dear BBB,
  We received the notice of a complaint filed with your agency on July 1st, 2024 The tenant, *************************, moved into *************************************************************************. The unit had all new floor coverings, paint, sinks, faucets, stove hood and blinds. See the attached move-in inspection noting there were no problems or defects. Attached also are the maintenance records for his unit. All of his maintenance requests were handled promptly during his tenancy. Complaints started when ************************** received a fine for an unauthorized pet on June 19th,2024. On Saturday June 22nd he made his first complaint regarding how we found out about the cat. Then on Saturday June 23rd we received a complaint about health issues with mold and secondhand smoke. Our office is open Monday through Friday; therefore, on June 24th we received his correspondence and reviewed his file. We provided a written response on June 25th, see attached. We promptly scheduled a professional mold analysis of the unit, which was done and the results were received yesterday.We believe we acted promptly and had the work completed timely as our work week included the July 4th holiday. The mold report found no problems and found the inside air quality to be good. It states Based on the results, we find no health or safety issues of concerns. See attached full report.
  
  We also notified Mr. ************ neighbor not to smoke on the common balcony and to refrain from any smoking near the building.
  On June 25th,************************** also reported more concerns regarding gas appliances. He was told to immediately notify PG&E as gas service was in his name. We too followed up with PG&E. They sent out a service technician on July 1st and found no evidence of any gas leaks. See attached report. This last complaint also notified us for the first time that the laundry room washing machine was discharging greywater behind the building. We again promptly reported this matter to the laundry service provider and they are sending out a repair person to repair their equipment.
  Finally, we offered to let ************************** out of his lease term if he felt the property posed any health risk. He stopped payment on his July rent payment. Yesterday, on July 9th we learned that ************************** had moved out of the unit over the weekend.Today, July 10th, an inspection of the unit was conducted and attached are photos of said inspection. Considering everything was new in his unit when ************************** moved in, the condition of the unit with torn carpeting and holes on the walls was very disappointing.
  Huber Property Management acted promptly, we communicated with the tenant and scheduled maintenance to investigate and make repairs, if needed. ************************** was obviously upset about having to relocate his cat, because four (4) business days is certainly an unreasonable amount of time before making a formal complaint with the BBB.Further, his claims were unfounded.
  Respectfully Submitted,
  *********************

  Customer response

  07/11/2024

  I am rejecting this response because:

   

  
  Despite ******************** assertion that the apartment was fully renovated with new installations, the actual conditions upon move-in did not meet these claims.The paint was aged and peeling, suggesting inadequate surface preparation and possible presence of lead paint due to building age and deterioration, posing significant health risks. This violates California Health and Safety Code *******, as buildings with deteriorating paint are considered substandard. Additionally, a persistent smoke odor, which I reported via phone call on August 23, 2021, highlights a failure to remediate previous conditions. The installed blinds are outdated and feature unsafe cords, violating California safety standards aimed at preventing child strangulation (Title 24, Part 2, Section 1208). The kitchen showed signs of mold, and the stove hood was greased over, indicating neglect and misrepresentation of the apartments condition. These issues not only breach the implied warranty of habitability but also necessitate legal action to address these deficiencies and ensure compliance with state housing laws. Subpoenaed tenants of Unit 139 will corroborate these claims, highlighting ongoing mismanagement.

  ***** assertion that all maintenance requests were handled promptly is contradicted by Huber's inadequate documentation and communication practices, which undermine the reliability of their service. Their refusal to answer phone calls, insistence on physical paper submissions, and prohibition of in-office visits (purportedly due to prolonged COVID-19 precautions) lack transparency and verifiability, violating California Civil Code ******. This law mandates landlords to provide written accounts of repair requests. Moreover, their restrictive communication policies forced reliance on informal phone communications, which generated no formal records, allowing Huber to conveniently overlook or deny requests. This practice, combined with the use of easily destroyed physical paper submissions, raises concerns about the integrity of Hubers management and contravenes California's Consumer Protection laws under Business and Professions Code *****. Public testimonies from online platforms such as Facebooks Chit-Chat Auburn and ****** Maps corroborate these issues as part of a broader pattern of neglect and mismanagement. 

  
  ***** claim that my complaints began with an unauthorized pet fine is both inaccurate and misleading, as my reports of maintenance issues date back well before this incident. I first reported a smoke odor from deteriorating paint on August 23, 2021, and observed mold during a maintenance visit in August 2023, which was ignored despite immediate requests for remediation. Again in September 2023, my reiterated mold concerns were disregarded. On June 19, 2024, Huber imposed a $100 unauthorized pet fine based initially on evidence from an unscheduled and undisclosed inspection, and later claimed it was based on a photograph taken by an unidentified individual after I challenged the notification procedures. This shift in explanation and the use of undisclosed evidence raise serious concerns about the validity of the inspection and Hubers ethical conduct. Such actions not only breach California Civil Code 1954, which requires landlords to provide reasonable notice before entering a tenants dwelling, but also violate fair housing practices under California Civil Code ******, protecting tenants from retaliatory actions and evictions. 
  

  My decision to vacate was driven by ongoing neglect and harassment, sentiments echoed by nearly all current tenants. The mold inspection was fundamentally flawed; Huber intentionally denied access to crucial areas behind the bathroom walls which I had reported as mold-infected, limiting inspector ************************* to merely conducting an air quality test in an apartment full of open windows and doors, which failed to accurately assess the mold extent. This flawed approach culminated in a report falsely indicating no health or safety concerns. This misrepresentation was further exposed last week when Huber removed a bathroom wall in another unit, revealing extensive mold growth, thus confirming my longstanding complaints. I possess photographic evidence of this mold, ready to be presented in court to challenge Huber's claims of safety and habitability. 
  

  Despite Lisas assurances that they have addressed the issue of a neighbor smoking near the building, the problem persists to this day, negatively impacting air quality and the living conditions of adjacent units, including mine. This ongoing issue contravenes the California Indoor Clean Air Act of 1976, which prohibits smoking near public building entrances, windows, and ventilation systems to protect against secondhand smoke. Huber's failure to enforce these regulations not only undermines tenant health and safety but also demonstrates a significant disregard for legal standards. I am prepared to bring other tenants who have experienced similar issues to testify, reinforcing the persistent negligence of Huber and its failure to ensure a smoke-free environment.
  

  Despite significant risks posed by a frequently leaking gas stove and furnace in my apartment, Huber's lack of response forced me to address the issue independently. After reporting the gas leak and receiving no feedback from Huber, I contacted PG&E directly. The PG&E technician confirmed the stove leaks gas when the pilot light went out and recommended immediate replacement. He was also unable to access the furnace's safety section, pointing to further safety risks. Huber's indifference to these urgent safety issues, a clear violation of California Health and Safety Code *******, highlights their ongoing neglect. This code deems buildings substandard if maintenance of essential facilities like gas and plumbing is ignored, thus endangering tenant safety. My insistence led to the gas being shut off to mitigate immediate dangers, an action taken without any concern from Huber. I plan to subpoena the PG&E technician to testify, further proving Huber's legal failures and the need for judicial intervention to correct these severe oversights.
  

  ****'s assertion that Huber only recently became aware of and addressed the laundry room's gray water discharge is an outright lie. In reality, this issue has been a longstanding problem, knowingly managed and facilitated by a maintenance technician employed by Huber. This technician's direct involvement in organizing the illegal dumping of gray water is evidence of Huber's awareness and willful neglect of Californias environmental laws, posing risks to local water systems and public health. His actions reflect a broader pattern of mismanagement and disregard for legal compliance by Huber. To corroborate this, I intend to subpoena the maintenance technician whose testimony will reveal the extent of Huber's malpractices and their impacts, providing critical insight into the operational norms at the property. 
  

  ****'s claim of being unaware of my decision to vacate until July 9, 2024, is contradicted by my detailed email sent on July 1, 2024, where I explicitly communicated my intent to terminate my lease and vacate due to severe health and safety violations, including faulty gas appliances, environmental hazards, mold, and secondhand smoke. These issues were repeatedly ignored or inadequately addressed by Huber, violating California Civil Code Section ******, which mandates landlords to maintain properties in habitable condition. Under Section 1942, such conditions allow tenants to vacate without further notice, justifying my immediate departure based on constructive eviction as per Section ******. Huber's delayed acknowledgment of my move-out seems strategically aimed at retaining financial benefits such as the withheld security deposit or unjustly charged rent for July. This behavior indicates an attempt to evade legal responsibilities, particularly concerning the security deposit and any unlawful deductions. My claims are supported by documented communications and formal reports to authorities, demonstrating Huber's consistent failure to adhere to legal obligations and ensure tenant safety, necessitating drastic measures such as the potential closure of the company and criminal charges against the responsible employees.
  

  ****'s claims regarding the unit's condition at departure are once again misleading and incorrect. The unit lacked new installations and failed to meet building code requirements, featuring outdated, single-pane windows not compliant with modern codes that require dual-pane windows for insulation and safety, leading to extreme temperatures and increased breakage risks that could easily lead to death. The absence of air conditioning in a region with temperatures often exceeding 115F poses significant health risks, violating California Civil Code Section ******, which mandates habitable living conditions. Additionally, a dangerously leaning tree near the building presented severe fire hazards and risks of structural damage, and the absence of an ************* ramp violates accessibility laws. The improperly managed trash disposal area is in the middle of a public street, with overflowing bins attracting pests and exacerbating unsanitary conditions, violates local municipal waste management codes. I was fined for an unauthorized pet based on an unsubstantiated photograph, despite the pet belonging to a neighbor who was not fined. This discriminatory enforcement, along with false claims of torn carpeting and holes in the walls at departure, exemplify targeted harassment and highlight not only breaches of the implied warranty of habitability but also potential claims under Californias Unfair Competition Law (Business and Professions Code *****) for engaging in deceptive business practices, necessitating corrective actions to align with health, safety, and building regulations.
  

  Despite my repeated attempts to engage with Huber, with over ten communications initiated since late June 2024, I have received only one responsean email dated June 25th. This consistent lack of responsiveness is compounded by a particularly confusing incident involving an unverified eviction notice and ambiguous communications about my lease termination penalties. Specifically, a piece of paper that was supposedly mailed, but actually handed to me by another tenant, stated that there would be no penalties for vacating the apartment. This document's legitimacy and origin remained unclear as Huber never confirmed its authenticity or addressed my inquiries regarding it. From my initial report of a smoke odor in August 2021, through multiple complaints about mold, to formally notifying them of my lease termination in July 2024 due to these unresolved issues, the pattern of neglect by Huber has become evident. This timeline reflects a significant failure in management and a disregard for tenant safety, reinforcing my concerns about their competence and negligence.

  
  Huber Property Management's inadequate handling and documentation of mold issues, maintenance requests, and unauthorized inspections violate tenant rights under California Civil Code 1927 and ******, which demand that landlords provide a safe and habitable environment. I vacated the apartment on grounds of constructive eviction due to these uninhabitable conditions, recognized by California law, but Huber unjustifiably initiated an eviction process, demonstrating a disregard for the legal basis of my departure, which I am contesting through a Motion to Quash. Their repeated refusal to disclose the property owners' contact information violates California Civil Code Section 1962, reflecting a lack of transparency and failure to adhere to standard property management practices. These actions necessitate judicial review and intervention, and I am prepared to substantiate my claims with evidence and witness testimonies in court. I urge the Placer ******************************************** and ************* to recognize the extent of Huber's neglect and misconduct, demanding rigorous review to protect future tenants and ensure Huber's accountability under the law.

  
  I caution ****, ****** and all employees of Huber to carefully consider the veracity of their statements, as they will soon be required to substantiate their claims under oath in a court of law.

  
  ***********************************
  *******************************
  ************
  
  

  
  

  

  Business response

  07/24/2024

  Dear Better Business Bureau,
  
  We have responded to each item from the prior tenants complaint. We have provided copies of documentation from PG&E, specialists and supporting photos supporting our position. All other agencies sited in the complaint consider the matter resolved. We reached out to the Better Business Bureau ********* Services for direction in this regard for the second unsubstantiated and inaccurate complaint. We have left several messages and have not been able to discuss this matter; therefore we will reserve the right to address each point at a later time if necessary.
  
  Regards,
  HUBER PROPERTY MANAGEMENT, INC.

*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. ↩