Complaints

The 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:06/14/2023

  Type:Service or Repair Issues
  Status:

  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.

  Dear ******** Better Business Bureau,Date: 31/01/2023 to today Amount paid: $602.50 agency fees, plus $1250 deposit, plus $3750 rent I need to file a complaint against New York Habitat VLF. I request a full refund for not only misrepresentations that led to an agreement I would not have signed otherwise, but lack of productive action to fix flaws when notified, plus for underhanded tactics including only offering to help me relocate out of the unsafe and unsanitary home they placed me into conditional upon signing a quote NDA agreement. I was in the process of relocating from Europe to ******** and undergoing medically necessary surgical care to restore health after a bad operation abroad. I needed trustworthy, safe, clean housing. This is why I used an agency that claimed to be both BBB and IATAN accredited. However, I learned the BBB claim is FALSE by NYHabitat. I investigated with IATAN who also confirm problems.I need to provide more details in the attachment due to space limitations for this section.Ultimately, on June 3, 2023, agent **************** telephoned to say her bosses will only help me with an **** I was shocked! I replied in writing to say NO.On June 5, 2023, the agencys owner *********************** called herself to blast me for rejecting the **** She called me menacing for suggesting I would send it to a lawyer. I had sent documents to prove info NYHabitat relied on was wrong. The *** refused to consider it doubling-down on her dodgy info and stating shes blocking me from ever contact them again except her personal phone number. This forced onto ******* to communicate, as she blocked me.This is not how a good business solves problems. The rental has flaws. ****** and Yelp 1-star reviews document many similar customer experiences. It appears this company does not engage once a customer moves in and isnt interested in hearing feedback for improvement. They do not fix problems. Read the reviews!

  Business Response

  Date: 06/20/2023

  The following are two responses in regard to two different letters from ******************************* written to the Better Business Bureau. ****** sent one letter to the Better Business Bureau on June 6th and another one on June 10th. ******** Habitat will respond to them in the sequence that they were received. Please refer to the attached documents to see the contract that ****** signed before moving into the apartment (exhibit 1 and 2) as well as the two letters ****** sent to the Better Business Bureau (exhibit 3 and 4).
  
  This is a response to *********************** claim filed on June 6th against ******** Habitat at the Better Business Bureau. ******** Habitat was notified on June 7th of this claim (exhibit 5).  
  
  ****** claims that it is ******** Habitats responsibility to provide maintenance repairs to any damage on the property. However, in the contract ****** signed, it states that ******** Habitat does not act as property managers, therefore we are not responsible for any repairs. We also did our original due diligence and confirmed that the property is not being rented as a separate "Illegal apartment" but under a roommate agreement. The agreement ****** signed through us was as a roommate and not for renting an apartment. ******** laws differ for multiple dwelling units and Single-Family homes and allows for rooms to be rented by the occupant of the home. As such ******** Habitat would recommend ****** does not act rashly under the assumption that her dwelling was illegal in any way. ****** also signed an apartment share acceptance agreement that was part of her contract. In the agreement it states, By accepting residence in the above named premises, I agree that ******** Habitat has fulfilled its obligation and that thereafter all further arrangements regarding sharing of the apartment, other than an extension of the stay, shall be solely between me and the person(s) whose apartment I am sharing.
  
  In regard to Tricias issues of the owners boyfriend smoking, it was advertised as a non-smoking unit. If ******** Habitat had been informed prior to this incident, then we would have intervened and contacted the owner. However, the boyfriend does not stay all the time and he is the smoker. ****** moved in at the end of February, and we have no trace of any complaints regarding smoking until the end of May when this incident was brought to our attention.
  
  The claims made that ******** Habitat blocked all of Tricias communication are misunderstood. ******** Habitat wanted to have a dedicated number for ****** to call on because we did not want her to tell her story every time she needed to call. Having one person know the entire story and all of the information was much more convenient to us being able to assist in solving the issues ****** was experiencing.
  
  ****** was never gagged; ****** was merely guided to the person who could really help her. ********************* up during the last phone call and making ******** Habitat unable to provide her with the proper assistance due to the hang-up. ****** was never blocked on any emails. ****** can always write to ************************************ and call ************. After ********************* up on us, we saw what was written on ******** ******** Habitat was not encouraged to communicate with her as it was not an obligation for us. Furthermore, ******** Habitat never asked ****** to sign an NDA but wanted her to sign a disclaimer because ****** complained that ******** Habitat did something illegal. We wanted to help nonetheless because ****** was in such health distress, and we understood that she was in a very vulnerable position. However, ******** Habitat is a business and we wanted to create balance and boundaries. ******** Habitat asked for a disclaimer because ****** threatened us by asking for $4,352.50. According to her, ******** Habitat rented an illegal property and did not do our due diligence. This is untrue. ******** Habitat conducted due diligence and have a paper trail to prove it for multiple years.
  
  In response to Tricias claims that *********************** is currently residing in the apartment. In our paperwork, *********************** was set to leave on June 1st, 2020, and had an early departure. We have no paperwork of him returning or continuing his stay.
  
  
  This is a response to *********************** claim filed on June 10th against ******** Habitat at the Better Business Bureau. ******** Habitat was able to access this claim through a code given to us by the Better Business Bureau.
  
  There are inconsistencies in Tricias statements. In the first statement she made, she was requesting $4,352.50 and in her second statement she is requesting $3,750. These statements were made only a few days apart.
  
  In response to Tricias claim that *************************** is not a part of IATA: *************************** is an accredited travel agent. She renews her license every year as a travel agent with IATA to maintain her good standing and valid license. However, IATAN is for booking airlines and IATA is for all other travel agent intermediary duties. These two organizations are different entities, maybe ****** mixed up the two. Additionally, *************************** has been a member of the Better Business Bureau for decades and she wrote an old blog about it prior to 2020. This could possibly be what ****** was confused about. Following COVID, *************************** has not renewed her membership but is planning on doing so in the near future. However, she was able to access the first complaint using her old account information and password to view the letter written by ****** (exhibit 5).
  
  ******** Habitat had listed the owner of the apartment ****** rented as a mid 40s non-profit executive. However, the owner is 64 years-old and semi-retired working from home as an independent consultant. This is an honest mistake that was made by ******** Habitat. But again, upon arrival she never mentioned this to us. There was no chance for ******** Habitat to relocate her earlier since there was no communication regarding this matter.
  
  ****** furthers her claim that it is ******** Habitats responsibility to repair any damage to the property in her second statement. ******** Habitat is not a management company and is not responsible for human foibles after the apartment has been rented. ******** Habitat is here to help and assist with the communication the best we can. However, note that ******** Habitat does not own or manage the properties listed on its website. We merely act as an intermediary between the lessors and the lessees looking for an accommodation. The owner is actually responsible for maintaining the property in good condition. As a brokerage, we provide an address, however we are not a management firm and are not responsible for maintaining the property. We invite you to refer to this disclaimer on our website's main page: "All information regarding apartments and properties on www.nyhabitat.com is from sources deemed reliable. It is submitted subject to errors, omissions, change of price, commission or conditions, or withdrawal without notice. Photographs, descriptions and information about the rentals reflect conditions at the time the photographs were taken, or the descriptions or information obtained. All dimensions and surfaces are approximate". It is also made clear on our contract that our fee is not refundable, even in case of cancellation on your part.
  
  ******** Habitat listed a property in which ******************************* still resides throughout the duration of these claims. While ****** has lived there since February, she has only made these claims beginning at the end of May without addressing anything with ******** Habitat the week she moved in. ******** Habitat has conducted the proper due diligence for all of our properties and she claims that we have not. ****** continues to threaten ******** Habitat all the while asking for our help. For these reasons, ******** Habitat asked ****** to sign a disclaimer that was not an admission of guilt from ******** Habitat but a proof of good will, which she misunderstood as an NDA. ****** has always been able to contact ******** Habitat through the phone and email but has hung up and made it impossible for us to provide her with the help she is requesting.
  
  Regards,
  
  ***************************
  ************

  Customer Answer

  Date: 06/24/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID# ********, and have determined that my complaint has NOT been resolved because:

  I need to respond to this inadequate reply from ******** Habitat and ask you to take action against them for not only misusing your high quality Better Business Bureau accreditation falsely to motivate people to pay them BUT also because the companys founder has lied to you in writing, and as I understand it,lying to the Better Business Bureau is essentially business fraud (done in this case essentially as wire fraud).  There is a lot of gibberish and complete nonsense in ***************************** reply for which I cant even begin to address each point of error in this forum.  I reiterate my request for a FULL refund. 
  
  

  Please reference the attached document for details of my reply, which include proof that ******** Habitat's founder lied to the Better Business Bureau of ******** in writing when the owner claimed she did not tell me she was blocking my email and phone from communicating with them and that they would not help me find a new safe home because I refused to sign their 'NDA agreement' aka 'gag'.  Lying to the Better Business Bureau is a very serious offense.  
  
  Further, after reading the seemingly nonchalant reply by ******** Habitat about their deliberate misuse of the Better Business Bureau's accreditation on their website by falsely claiming current accreditation, plus the conflated reply that somehow the alleged IATAN accreditation of the owner was equal to agency accreditation claimed on the website, I had not choice but to protect the public from the very scams I fell for and reported them to their hosting service for the illegal representations.  They were forced to remove these false claims from their 'About Us' page.  However, these claims remain in other areas of their website, including their main video used to entice homeowners/leaseholders to use ******** Habitat agency.
  
  Kind regards,
  *******************************

  In order for the BBB to appropriately process your response, you MUST answer the question above.

  
  Sincerely,
  *******************************
  
  
  
   
  

  Business Response

  Date: 07/27/2023

  In response to *********************** July 16th claims. Many claims that ****** made have been addressed by ******** Habitat in previous responses and can be referenced as a response to this as well. However, we would like to reiterate that ******** Habitat did not send ****** a NDA but a disclaimer, she was never sent an NDA. Furthermore, while we understand and sympathize with Tricias ongoing health concerns, these complications are in no way related to ******** Habitat or are in any way something that we have control over.
  
  In our second reply to ******, photos of both the front and the back of ******************** IATAN card were included. In Tricias July 16th claims, she discusses only the back of it. Attached to this response is both the front and the back again for her reference (exhibits 1-2).
  
  ****** claimed that she never received her security deposit and wanted ******** Habitat to pay for it. Since then, we contacted the owner, *************************, and she informed us that she paid ******. The following is her version of events that took place:
  
  Tricias security deposit has in fact been refunded and the proof of that is attached to this response. ****** has also been copied on every email that ************************* sent regarding her security deposit refund so that she was kept updated on the progress. There was a wire transfer initiated on July 23rd from ******************** account to Tricias account. However, that transfer was declined some days later. The next course of action taken in this matter was a Zelle that was declined by ******. Following that, there was a PayPal request that was sent. In doing so, ****** chose business transaction and not friends and family due to the nature of their situation and not knowing how PayPal works as she has not previously used it many times. After that matter was sorted out, ****** sent a check in the mail to Tricias P.O. Box. ****** has proof of trying to refund this money to ****** for almost a month now and the proof is attached to this response (exhibits3-6). ****** thought that the bank transfer would have been accepted and gone through the first time because what bank would not accept a wire transfer and there was also no previous communication that ************ does not accept this.
  
  ******** Habitat was informed that ****** has been refunded her full her security deposit of $1,250.00 without any deductions and that she cashed the check on Friday July 21st. Please find attached to this response proof of the check that was sent as well as the money being deducted from ******************** account (exhibits 7-9).
  
  Again, as a brokerage, due to several complaints ****** made to the **** we had to find out and get photos of the property. We have done our due diligence and have attached the photos. We find this property highly acceptable, and we are still advertising this apartment on our website. The ceiling collapse was due to a major storm that came through in May, not anything else as sometimes things happen out of anyones control. It has since been repaired. Please see enclosed before and after photos (exhibits *****). However, ****** is giving us a bad name and is referring in her complaint to ******** Habitat still advertising this unit with a third party company called Leasebreak. Our relationship with this third party affiliation has nothing to do with this unfortunate situation. These relentless accumulation of accusations towards our affiliations (Rackspace, Leasebreak, Yelp reviews, the BBB, IATAN) need to stop.
  
  The owner was in good faith trying to refund her. ******** Habitat was in good faith trying to relocate her. However, everything that has been done to help her has been twisted as ill-intent.
  
  In conclusion, ******** Habitats position has remained the same throughout the duration of this. ******** Habitat would like to reiterate that we are in no way taking a side in this matter and only contacted ****** to determine the issues with the refund and if the payment had be delivered and accepted since July 16th.

  Customer Answer

  Date: 08/05/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID# ********, and have determined that my complaint has NOT been resolved because:

  Dear BBB-NY,
  
  I again request immediate transfer of this complaint file to the New York District *********************** as a matter of urgency.
  
  ******** Habitat has made no effort whatsoever to recognise their bad behaviour and poor-quality business management.  The house I was forced to live in was NOT up to ******** safety and sanitation standards while I lived in the property.  ********************************* is misguided to think that because I spent months trying to get the house into compliance, she is somehow excused, because she can fake its way through checks today.  The house is still not better.  There are exposed electrics.  The upstairs electrics flooded, that was never addressed when the roof was repaired.  The house has a severe bug infestation that has been there for a very long time.  And the leak was NOT new.  There is a structural problem with the roof that had leaked before.  The ceiling before repaired, showed many patches of repairs.  The new fresh paint was painted over the previous blotches to mask the fact this is a serious ongoing problem.
  
  ************************* also did not copy me on her alleged communications with whatever banks.  This is another ******** Habitat lie.  She forwarded me one email about the PayPal income tax.  That's it.  Both the homeowner and the agency owner have a problem telling the truth.  These are dishonest and manipulative people preying on vulnerable customer groups.  The homeowner also only attempted to refund me after her 14 legal obligation passed and I threatened to *** her punitive damages of 2x and put a lean against her house if she still do not refund me.  She was only motivated by not having a lean put on her house for at least 2x the deposit amount AFTER her legal deadline expired.
  
  It appears ******** Habitat 'needs' the homeowner to be right for two reasons:
  1. If the listing I lived in is viewed for what it is - below the ******** standards for safe and sanitary housing, then the Agency is legally responsible for the money and losses in the ***************** based on ******** tenancy case law.
  2. ******** Habitat lied to the BBB yet again in their July 6th reply by confirming the deposit had been refunded.  This was a complete lie. And the language used by *************************** was very flip and unprofessional for the *** of an international real estate company.  She writes as if I am some jerk.  How dare I  stand-up to her, and her shady company for taking advantage with false advertising and other problems!  That's the tone of her replies.  She seems annoyed that her bad behaviour is being highlighted to the BBB-** but takes no action whatsoever to correct what's bad.  Her June 5, 2023 had a tone to it is well, she spoke as if I was a petulant child she was trying to force into compliance.  Nothing about that telephone call was appropriate. Listen to the recording!  There is a also well documented online history of this very behaviour that I'm experiencing online via ***************************** and others.   This is not a 'one off' transgression.  This is ******** Habitat's shady 'method of operation'.
  
  The rest of my reply is in the attached document with screenshots included for clarity.
   

  In order for the BBB to appropriately process your response, you MUST answer the question above.

  
  Sincerely,
  
  *******************************