Control Number: 45435 Item Number: 12
Transcription
Control Number: 45435 Item Number: 12
Control Number : 45435 Item Number: 12 Addendum StartPage : 0 PUC DOCKET NO. 45435 § § COMPLAINT OF MELANIE BITTONE AGAINST r ra? PUBLIC &"88ftON § § KINGWOOD LAKES APARTMENTS, ADARA COMMUNITIES AND CHOWDARY YALAMANCHILI § § COMPLAINANT RESPONSE TO RESPONDANT DENIAL COMPLAINANT hereby submits the following response to RESPONDENT's DENIAL to COMMISSION Order No. 1. Respondents submissions are, indeed, incomplete, and. so misleading that they should be disregarded. However, at minimum, they reveal. numerous questions that require resolution in order for the COMMISSION to fully and fairly adjudicate the matter. Complainant therefore wish to enter clarification for these proceedings. 1. JURISDICTION COMPLAINT CANNOT AGREE OR DISAGREE: It's possible the Commission may not have jurisdiction over these proceedings. Kingwood Lakes Apartments located at 3700 Kingwood Dr., Humble TX 77339, is located in the City of Kingwood TX, Kingwood in spite of a Humble mailing address was its own municipality prior to annexation by the City of Houston. In 1996, the City of Houston annexed Kingwood and all of zip code 77339, bringing the subdivision under the City of Houston Water and Sewer services. Currently the City of Houston maintains jurisdiction over Water utility complaints for all sub-metered residents. It is unclear if the City of Houston has jurisdiction over non-sub metered or allocated consumer complaints. The City of Houston has requested Complainant submit a formal complaint to the City of Houston to make a determination. Complainant has complied with this request. COMPLAINANT AGREE the Commission has no jurisdiction over Gas utilities and further agree the Commission has no jurisdiction over complaints of fraud. Complainant however disagree with Staff, the Texas Railroad Commission has jurisdiction over allocated Gas utilities. The Texas Railroad Commission has jurisdiction over sub-metered natural gas consumer complaints and does not regulate allocated gas utilities. The Texas Attorney General or the District Attorney has jurisdiction over allocated natural gas utilities. II. REPLY TO FIRST DENIAL a) Rule 24.122 "Owner Registration and Records" Alleged Violation Page 1 of 10 id- COMPLAINANT AGREE she signed a Lease Agreement dated February 27, 2015. Attached to this Lease Agreement was a Water/Waste Water addendum. This addendum reflects under Section 4. Allocation Procedure, method (iii) average occupancy for (PUC) avg. for no. of bedrooms. On Page 1 of Lease, Paragraph 9. Special Provisions; reflects a hand written statement of a flat rate of $54 per month for water. Paragraph 9. Supersede the Water/Waste Water Addendum attached to the lease. Therefore, Complainant agree she initialed this statement and therefore does not dispute the flat rate of $54 for water for the period of February 27t", 2015 thru August 27", 2015. COMPLAINANT DISAGREE: Complainant disagree she signed a lease or provision for a $47 flat rate. Complainant signed a Lease Agreement dated February 24"', 2014 with no provisions for a flat rate. Attached to this Lease Agreement was a Water/Waste Water addendum. This addendum reflects under Section 4. Allocation Procedure, method (iii) average occupancy for (PUC) avg. for no. of bedrooms. The Lease, specifically Paragraph 9. Special Provisions makes no mention of a flat rate of $47 per month for water, During the period of February 24, 2014 thru February 24, 2015, Respondent did not provide a "Notice of Intent to Change Billing Method". At no time during February 24, 2015 to February 24, 2015 did Complainant receive a notice to change billing from the allocated method in the Water/Waste Water Addendum to a flat rate. At all times during this period Complainant expected to receive a monthly water bill as outlined in the Lease Agreement. LEASE AGREEMENT: The Lease is a legally binding contract under the laws of Texas. During the lease, one party cannot change any terms of the lease agreement without the other party's consent. Unless an agreement is reached, the parties must abide by every term in the lease agreement including any attached addendums. At all times pertinent, complainant was current on all rents and was a duly authorize tenant. Re'spondent had a contractual obligation to meet its duties under the lease agreement at all times, including calculating water/waste water utilities under the terms of the agreement, submitting a monthly bill under the terms of the agreement and registering with the TX-PUC under the terms of the agreement. Respondent failed to meet its contractual agreement. COMPLAINANT DISAGREE with Respondents implication, because respondent charged a flat rate for water, Respondent was not required to register with the Commission. During multiple conversations with Respondent representatives, Complainant was told the flat monthly water charge was based on the monthly water bill the complex received from the City of Houston. The flat rate was allocated among all tenants to cover the bill. During the meeting on or about February 1 Ph 2015, it was explained to Complainant the complex receives a monthly bill, deducts 5% for common areas and the remainder of the bill was allocated among tenants in a flat rate. Moreover, all tenants regardless of occupancy, square footage paid the same amount. Because the bill was allocated among tenants, Respondent was required Page 2of10 to be registered with the Commission. Throughout the above meeting, Respondent was adamant Kingwood was in compliance with all TX-PUC rules and regulations regarding Water/Waste Water allocation. At no time during this meeting did Respondent admit Complainant was over-charged or offered a refund of overpayment. Throughout Complainant tenancy with Kingwood, at all times Respondent maintained Water utilities were accurate and fair. Required Conversion to approved allocation method. An owner using an allocation formula other than those approved by the commission were required to provide notice under §24.123 or adopt a method approved by the Commission or install sub meters. The Respondent failed to do any of the following: (1) adopt one of the methods offered by the Commission or (2) install sub meters and begin billing on a sub metered basis; or (3) discontinue billing for utility services. COMPLAINANT AGREE she was given access to only copies of 6 months of Water bills for the complex' COMPLAINANT DISAGREE she was given access to the actual calculations based on subdivision (iii) average occupancy for no. of bedrooms in unit COMPLAINANT DISAGREE she was given the formula, occupancy factors and percentages used to calculate tenant bills. Respondents admit they did not use a formula based on occupancy or dwelling size and therefore had no such records to provide Complainant COMPLAINANT DISAGREE she was given total number of occupants or occupancy based on dwelling size or number of bedrooms. Respondents admit they did not utilize occupancy or dwelling size to allocate the water and therefore had no records to provide to Complainant. COMPLAINANT AGREE she drove more than 42 minutes and approximately 26.3 miles from her apartment in Humble TX 77339, to Respondent's office at 4420 Cypress Creek Parkway, Houston TX 77068 also known as 4420 FM 1960 West Houston, TX 77068, to view the limited records presented. COMPLAINANT DISAGREE she was given a choice to view the records in the onsite Leasing Office. Respondent did not give Complainant an option other than to drive 42 minutes to Respondents main office at 4420 Cypress Creek Parkway, 26 miles away. Respondent never offered or presented any other option to Complainant other than driving the long distance. The Rules are very clear as to Owner options in making records available to tenants upon written request. COMPLAINANT DISAGREE she would be charged more under the new allocation methods. Attached is Exhibit 1 and Exhibit 2. (back of statement exhibit 3) Under the new allocation method, the attached statements reveal a different story. To protect the current tenants from retaliation from Respondents, the names and apartment numbers have been hidden. The attached YUBS statements reflect Page 3of10 ^. single bedroom. 700 sq, foot apartments with two occupants. You will notice the water bill for tenant A is $59.21 for period 12/02/2015 thru 01/04/2016 while Tenant B also a single bedroom, 700 sq. feet, with two occupants is $52.47 for the same period. Complainant was a single occupant in a one-bedroom dwelling, also 700 sq. ft. Based on the current generated YUBS statements, Complainant water bill would be less than $52. In spite of the inconsistencies on the statements i.e. tenant A is charge multiple billing fees while tenant B statement has no billing fees; Complainant contends she was overcharged by Respondent for all periods in question, particularly February 24, 2014 thru February 24, 2015. COMPLAINANT DISAGREE the current billing is in compliance with PUC Rules. Among other items, Respondent has not received Approval from the Commission prior to billing. In addition, Respondent failed to have tenants acknowledge the new billing in writing or changes in Lease Agreement. Respondent sent out a notice and began billing without tenant consent to changes from a flat rate to a method approved by the Commission. Tenants occupying one bedroom dwellings with single occupancy, have seen a reduction from $54 to an average of $35 per month, while tenants in single bedroom dwellings, with two occupants have average around the same as the flat rate of $54 per month. Tenants in two and three bedroom dwellings with multiple occupants will have a substantial increase in cost. A cost which is unjustified in light of these proceedings and in violation of PUC Substantive Rules. III. REPLY TO SECOND DENIAL b. Rule 24.124 "Charges and Calculations" Alleged Violation. COMPLAINANT Agree the Respondent has made the conversion to an allocated utility method. COMPLAINANT Agree the Respondent has filed the required Registration of Sub metered or Allocated Utility Service with the PUC on December 30, 2015. However, Respondent has been allocating Water/waste water to tenants for several years. COMPLAINANT DISAGREE Respondent has complied with Rules regarding Rule 24.123 Rental Agreement in its conversion process. Respondent has begun billing tenants without the changes in writing or agreed upon in Tenant Lease Agreements. Further, Respondent has begun billing tenants without the approval of the Commission. Respondent lumps several fees and utilities into one bill. • "7enctnt Crgr eernent to billing method changes. A n owner shall not change the method by which a tenant is bi/led unless the tenant has agreed to the change by signing a lease or other ivriften agreement. Thc:^ owner shall provide notice of the proposed change at least 35 days prior to implementing the new method". IV. REPLY TO THIRD DENIAL Page 4 of 10 c. Rule 24.123 "Rental Agreement" Alleged Violation COMPLAINANT DISAGREE, Respondent provided accurate averages. Respondent admit tenants were charged a flat rate thereby eliminating the need to print and submit tenant water bills. Paragraph 7. Previous average is based on the average bill for dwelling units in the previous year. Respondent admits bills were not submitted and further admits to charging a flat rate to all tenants. There are no averages of low and high bills if all tenants paid the same water utility throughout the previous calendar year. COMPLAINANT DISAGREE Respondent offered a $200 rental concession for over payments. Respondent on February 27, 2015 maintained all water utilities were, accurate, fair and just, and offered no apology or concessions for overcharges. Respondent has maintained throughout these proceedings all water charges were accurate, just and fair and therefore denies any and all allegations of violations of PUC Rules. Complainant maintains she was offered $200 rental concession in exchange for signing the "Release of Liability and Concession Addendum" (lease Exhibit 4 and Exhibit 5)? The letter dated October 1, 2015 from Kathy Maxie was sent certified mail on October 26th approximately four days after Respondent received a copy of the Informal Complaint. Respondent purposely makes reference to the "Release of Liability Concession Addendum" in a different reference in order to confuse the issue and the relevance to these proceedings. The "Release of Liability Concession Addendum" is integral to these proceedings. V. REPLY TO FOURTH DENIAL d. Rule 24.125 Alleged Violations COMPLAINANT DISAGREE Respondent Credited Complainant with $160. Complainant moved out on August 27, 2015. Complainant paid her full rent through August 27th 2015 and paid her full. Utilities on August 281h 2015, leaving a $0 balance. Respondent attempted to charge Complainant a late fee on. August 12, 2015 of more than 100% on the late utilities, however after Complainant brought to Respondents attention the maximum allowable late fee on utilities is 5%, Respondent made a DoubleEntry in accounting to remove the late fee. This is substantially different from providing Complainant a credit. It was a simple Double-Entry in accounting records. In addition to the $160 Respondent also charged Complainant $242 late fee on a $23.00 utility balance from February 2015. Again Complainant paid all rent and Utilities for the month of February on February 2°d. Complainant had a $0 Balance. Respondent charged Complainant $23 with an explanation Complainant was late 1 day in signing the new Lease. Complainant has no control over when the lease is prepared and or presented for signing. Respondent prepared the lease and presented the New Lease on February 28th 2015 which is the date the Complainant signed the new lease. Respondent then charged the Complainant $242 in late fees for this. This falls under the Texas DTPA which the commission has no jurisdiction. Page 5 of 10 VI. Other Matters Relevant to the Complaint. Respondent Chowdary Yaiarnanchili Respondent Adara was under Respondent Yalamanchili direct supervision, employ and control at all times relevant to these proceedings. Respondent Chowdary Yalamanchili is the Owner, Officer, Director, General Partner, Managing Partner, Sponsor and or Managing Member of numerous Partnerships and Investment Partnerships (See Exhibit 6). Mr. Yalamanchili creates partnerships, obtain loans from banks and solicit funds from investors, he in turn, use these funds to acquire commercial properties including Multi-family complex. To maintain control over the properties, Mr. Yalamanchili designates himself as Managing Member or Director or Officer or President and his company Adara Communities as the property manager. Prior to Adara Communities, the properties including Kingwood was managed by CNC Investments. CNC Investments is also owned by Mr. Yalamanchili. This company filed bankruptcy in 2013. Through Adara Communities Respondent Yalamanchili controls more than 32,000 units in Multi-family complexes throughout the State of Texas. (See Exhibit 7) Most if not all of these Multi-Family properties currently sub-meter or allocate Water/Waste Water and have not registered with the Commission. As General Partner, Managing Member and or Sponsor of the Partnerships, Mr. Yalamanchili developed the business plan and model, as well as operating policies and procedures. Respondent Yalamanchili is responsible for the management of operations and finances: he oversees, and is familiar with, every segment of the management of these properties, including those activities related to Lease, utility allocation and sub-metering, and tenant billing and collection. Through Adara and the various partnerships, Mr. Yalamanchili has complete control over the policies, procedures, books, accounts, minutes, letters, memoranda documents and all policies of Kingwood Lakes Apartments and the list of properties in (Exhibit 7) . Joint Enterprise. Respondents, Lake Kylasam, Adara and Chowdary Yalamanchili individually and d/b/a Kingwood Lakes Apartments engaged in a joint enterprise as such that each is liable and responsible for the conduct of the other which resulted in these proceedings. COMPLAINANT AGREE She is no longer a tenant at KINGWOOD LAKES APARTMENTS; In violation of Subchapter H of Chapter 92 of the Texas Property Code (§92.331 - §92.335) Respondent terminated Complainant lease (see exhibit 12) and or refuse to renew Complainant lease. Again, at all times relevant to these proceedings Complainant paid her rent and was an authorized tenant of Respondent Lake Kylasam, VII. REGISTRATION OF SUBMETERED OR ALLOCATED UTILITY SERVICE Page 6 of 10 Respondent's application for registration failed to list common areas in the complex. The complex consists of a community swimming pool and a relatively large laundry facility. Tenants pay market price for use of the machines and should not be double billed for water. VIII. ELECTRICITY Complainant moved into Kingwood on March 3, 2014 and had the electricity put in her name on April 3, 2014 with Just Energy. Attached please find a complete statement from Just Energy from April 2014 thru October 2015. (see Exhibit 10). The estimated $60 due for the month of March 2014 was paid with April 2014 rent. Complainant never received an itemized bill for Electricity for the month of March, she simply made an estimate of the bill and included the amount with April Rent. Approximately five months after signing up with Just Energy, Complainant received a demand to pay $86.08 for Electric, from Respondent. This demand did not provide the period, usage, kilowatts, per kwh charge. (see Exhibit 11). The complex has meters for Electricity. Respondent does not provide an Electricity Addendum in the Lease Agreement and provides little information to tenants regarding when the meters are read, how tenants are charged, who provides the electricity, if there are fees including late fees, billing fees etc. It appears most tenants select their own provider, however, a few tenants rely on Kingwood to provide electricity. Tenants relying on Respondent, tend to pay substantially more than tenants with their own provider. Exhibits 8 and Exhibit 9 are for the same tenant. Two different amounts due on the same date without explanation or details. The tenant apartment number is covered to protect her from retaliation. Respondents do not properly read the meters nor submit detailed bills for Electricity to tenants. The only demand for payment are through the notices taped to tenant's door. Complainant has spoken to a number of tenants, those which have their Electricity in their names receive a monthly bill from their provider detailing usage and price per kilowatt as well as other applicable fees. For those limited number of tenants whom electricity is in Kingwood's name, tenants are not provided with proper meter readings or invoices which include usage, price per kilowatt or any other charges. The attached exhibits are the only demand for payment tenants receive. SUMMARY The Texas Public Utility Commission's Substantive Rules are written in such a way that most middle school students can read and understand. Complainant however concede, perhaps the Commission has Page 7 of 10 special provisions, exemptions and or rules, which are non-public and which complainant is not privy. In such a case, Complainant, respectfully request access to ensure she fully understands the PUC Substantive Rules as they relate to Water/Waste Water and Electricity. If additional exemptions and or provisions are not available, Complainant seeks the Commission ruling and clarification on the following: a) b) Does the Commission exempt Owners of Multi-Family Complex from Registration when only a flat rate is allocated to tenants for Water? Does the Commission exempt Owners of Multi-Family Complex from Registration prior to billing tenants under method (iii)? c) Does the Commission offer a provision which exempts Owners from providing itemized bills to tenants? d) Does the Commission include a provision for Owners of Multi-family complex to require tenants, to travel to an off-site office, business, or other location to view books and records? e) Does the Commission exempt owners of Multi-family complex from providing an itemized statement for electricity, when the electricity is sub-metered? f) Does the Commission exempt Owners of Multi-family complex from providing, fair, just and equitable billing to all tenants of the same complex? It is emphatically the duty of the Commission to interpret the PUC Substantive Rules to say what is the law. Those who apply the rule to particular cases must, of necessity, expound and interpret the rules. If two rules conflict with each other, the Commission must, decide and weigh the protection of the consumer with the rights of the Owner. The very essence of P.U.C. PROC Chapter 24 is to protect consumers to ensure sub-metered and allocated utilities are just, reasonable and equitable for all tenants in the State. The rights of each tenant consists of the right to claim the protection under the laws of the Commission. One of the first duties of the Commission is to afford that protection, particularly, when sub-metered and allocated utilities are unjust, unreasonable and unequitable. The acts of the Respondent are egregious, flagrant and simply misleading at best. Respondents flagrant disregard for tenants' rights, the laws of this state and the integrity of these proceedings are evident. Page 8 of 10 PRAYER WHEREFORE, PREMISES CONSIDERED, Complainant respectfully request the Commission grant relief sought, assess administrative penalties for violations and afford current tenants the protection of the PUC. Complaint in particular ask the Commission to weigh the economic harm of current tenants and grant relief where possible. Respectfully submitted, Melanie Bittone 19780 Atascocita Shores Dr Humble, TX 77346 Email: nielaniebittone(cr^msn com Phone: 201-737-3789 Page 9 of 10 CERTIFICATE OF SERVICE I certify that 10 copies of this document will be sent to the Public Utility Commission. I further certify that a copy of his document will be sent to all parties of record on February 4, 2016. AMelanie Bittone Patrick L. Reznik Braun & Gresham, PLLC P.O. Box 1148 Dripping Springs, Texas 78620 Austin, Texas 78737 Lake Kylasam Limited Partnership c/o Chowdary Yalamanchili 4420 FM 1960 West Suite 224 Houston, Texas 77068 Page 10 of 10 ,r / . ^ YU"s 7001 Chiwgos; Yattl iUiFky Due Diac: ''IMM6 ^r^t.m^nc 04tw ztaM16 or*" :. . . . ^ tX 77339 a nyw Xmt and Ls*st Chums ^...... ^flOlt► -b1/t1ll^^ x Peat orwtooft $861-24 50•.G^ *Won 21I/2m -- W _..^ ...^ "` ^ ^i^tS ^ r^ w,...^.^._.. iETUt11^15 -01lOifZr7l6 U2lbi124^6 ^G^1103j1C► 1G D2/^?21ZQ16 - Q^1T ^ < t1?IC31fxoi6 OR1 $01 "^ SZ3.11 3Cl.la O^^f7Q? 6Q2M1l20jj » .---^------w--. r ^^f2018 (llj79f3t1lfi ,-.^ ^ ^ervSrsFae Cuna% v!l^qrC^r^z an^s cm 2J^lta3^ ^^ = 3ClA^ SO% ^s^. 59033 - Tvtu! E1^^^f ^tNFan 2ji/3^ 39^^ ^ 1 ^^^^^^^,^^. ^^^^^ ru • ^- tt: '^USS Yoi1R u34 twiirv lsetvk", PO-SOX boom y.. `r.,^. fi^R 3 ' X fF1$"746 .^„ Total onrift: but ^rs= ststom*k1t vers4: T'^FSNI'i@rtt^py^^j^^y;rtnV^Irrtl'^1l1.^.^¢ tv*^lIV !1{./ 111[ ^fnL:1f^l^ tlP4^^MU M} tV'CAtM^tf W JM}idilt{ 1Mt1 M^c'i OY/l It ;^y^fy^pfJ^Ifi1NHYMif•tly(^{'y i+4a^rA t}y^l. fi âI► 1M ON1M tnr ).qf pydWi^"^ ^ . ^^/^ . : " ►7(7T^^+ Cft MwwwM dnC }u lk.kr4mi6 o1IfC# 8t+4^4: +Iw-it7Tuti. kvv^^! hantllNlMqtttn`t^tli^itY^i..W^u^9^>orrii+q.^,rfsneaMt ^'^Ri ^`^ct ^IAi ^,nl+Vn ttmE at ^ 1^fll. ^M11d ses:/n+eoe> ^err.cdaw^rsMNe ► a^nu,r. ut^.. rr^i,..rQ.iwa^,.d,^.w,,. ^ k+1u.-+wG ^ir f ry. y«+rr wiYMwdWUypu we ^+is. ^pnr3tk +Yrss f^r dirdM, tB+t NM ww mrltwl vrw waky Utir;^^Mqy! f^Mawcw'^.YW wna^1 ii^i9fwGaavups In ^^^^ cK^t ^tf z Total Charges: Due Date: Statement Date: W Yotta utility billing services .? $1,535.92 2/1/2016 1/8/2016 Utility Statement for Kingwood Lakes Apartments 3700 Kingwood Kingwood, TX 77339 Current Rent and Lease Charges Prior Balance Rent $784.95 02j01/2016-02/29/2016 $670.00 Rent and Leasing Charges due on 2/1/2016 $1,454.95 Current Utility Charges Water & Sewage Gas Trash Pest Control Service Fee - 01/04/2016 - 02/29/2016 - 02/29/2016 - n9/')ohn1c $21 $1.00 $2.50 Current Utility Charges due on 2/1/2016 $80.97 Prior Balance Rent and Leasing Charges Utility Charges $784.95 $670.00 $80.97 Total Balance Due on 2/1/2016 YUBS Apartment #: Yoffa utility billing services PO.BOX 680746 Total Charges: JIM $1,535.92 Due Date: 2/1/2016 Houston- TX 77268-0746 Statement Date: 1/8/2016 *Balances are uploaded from your property management. It is current as of the date of this statement if any changes or payments have been made to your account since this date, Please check with the office for your updated balance. a0010aoo+ urpg 3700 KIN VIM KI $1,535.92 OD DRIVE OD, TX 77339 Pay amount due to the leasing office by date specifxed. You might have a balance or additional charges through your apartments leasing office that are not listed on this bill. For final amounts due, please check with the offiee. Please note that although your rent is due on the ist, your utility charges are not due untt116 days from the date this bill was mailed. Yotta utility billing services I [email protected] ((401)-433-YUBS i` ._^. . . -__. ._. ._. ._. ttNatctueliLti; ►^, ^^'^UBS W Total Charges: Due Date: Statement Date: Yotta utility billing service B 40111110 $759.25 12/1/2015 11/13/2015 Utility Statement for Kingwood Lakes Apartments 3700 Kingwood TX 77339 Current Rent and Lease Charges -12/31/2015 $670.00 Rent and Leasing Charges due on 12/1/20;15 $670.00 Current Utility Charges water & Sewage Gas Trash Pest Controf Service Fee 09/29/2015 -11/02/2015 12J01/2015-12/31/201S 12/01/2015-12/31/2015 12/01/2015 -12/31/2015 $60.75 $1.00 $2.50 Current Utility Charges due on 12/1/2015 $89.25 Rent and Leasing Charges $670.00 Utility Charges $89.25 Total Balance Due on 12/1/2015 $759.25 Please contact the Leasing Office with any questions regarding your bili. Please see reverse for charge explanations and messages *P YUBS Yotta utility billing services F'O.SOX 680746 Houston, TX 77268-0748 Apartment #: Total Charges: Due Date: Statement Date : +.aIll $759.25 12/1/2015 11/13/2015 *Balances are uploaded from your property management. It is current as of the date of this statement. If any changes or payments have been made to your account since this date, please check with the office for your updated balance. ACwo9819 o1py 3700 KING WOOD DRIVE ^ KING WOOD, TX 77339 Pay amount due to the leasing office by date specified. You might have a balance or additional charges through your apartments leasing office that are not fisted on this bill. For final amounts due, please check with the office. Please note that although your rent is due on the lst, your utility charges are not due antall6 days from the date this bill was mailed. Gas Your rent charges have been included with your utility bill as a courtesy. Your lease with the management will still serve as the control document for all applicable rent charges. Trash Gas Services are provided by CenterPoint Energy. Your charges are based on a flat rat e _per unit for your gas services. Trash service is provided by Republic Services. Your charges are based on a flat rate per unit for your trash service. Water & Sewage Pest Control Water and Sewer services are provided by City of Houston. Service provider issues bill, property management pays a portion to cover common area usage. Remaining amount is paid by residents usi ng a multiplier based on square footage and number of residents in your dwelling. service Fee Pest service is provided by Envirotrol Pest Control. Your charges are based on a flat rate per unit for your pest service . Utility bill allocation and statement processin *This bill Is not from your local utility provider or from any other provider. Your charges are calculated using the service provider bills issued most recently. Vacant charges are prorated from your move-in date. This statement is generated by Yotta utility billing services (YUBS) based on information provided by the leasing office. For billing questions or disputes please contact leasing office at 281-358-0819. Please Remit Payment to: Kingwood Lakes 3700 Kingwood Drive Kingwood, TX 77339 281-358-0819 Pay Now Online AML t ' Share your email with the leasing office WMIN + G Go to WM&g,ciaraLlving com and select Resident Login 0 Enter your email and apartment number and Click Submit 0 A temporary password will be emailed Select New User Registration Click go back to login page and enter your new password 0 ^ Fit p r r Kingwood Lakes Apartments 3700 Kingwood Drive Houston, Tx 77339 ^A°'^^ e'2 ezo 7^^f^S Melanie Bittone 19780 Atascocita Shores Dr. Apt. 435 Humble, TX 77346 October 1, 2015 Ms. Bittone, Thank you for your recent inquiry to our office regarding the lease agreement between you and Kingwood Lakes, apartment number 3605. We will do our best to explain all charges in detail. • Initial security deposit In the amount of $300 paid to Kingwood Lakes. The lease dated February 28, 2015 reflects the correct security deposit paid; $100 posted to security deposit and $200 posted to a One-time non-refundable Risk Fee. The correction was explained to you in detail during a meeting with our District Manager, Kathy Maxie, on February 27 ; 2015, • *Both lease contracts and the signed Risk Fee Agreement are attached. Keys returned on August 28"', 201,5, walk through of the unit the same day. Attached to this check was a statement with a $242.21 charge plus $160 In late fee. On this lease it shows a lease start date of February 25, 2015 and a move-in date of February 24, 2014. The dates on the disposition statement are correct; your initial move-in date was in fact February 25, 2014, not February 24, 2014 as you have stated above. The renewal lease date was in fact February 28, 2015; not February 25, 2015 as you have stated above. o A beginning balance of $242.21 is reflected as you have stated; the charges include a prorate rent charge of $23.62 due as a result in a delay in signing the lease renewal on February 28`fi, 2015; ► ease expired February 24th, 2015. A prorated rent amount was due in the amount of $716.81 for the August 1, 2015- August 27, 2015; a payment in the amount of $658.21 was received on July 31, 2015, leaving a balance of $58.60. As a result of the outstanding balance on your account a late fee of $160 was charged and then removed, credited, on September 4tn, 2015 as stated on the move-out disposition form. o Total due at time of move-out was $82.21; paid on September 5, 2015. o • A refund in the amount of $100 was paid to you; no move-out charges were charged. /am also requesting the return of rent overcharges February 24, 2014 through February 25, 2015. A$200 rental concession was discussed during our meeting on February 25, 2015. You refused to sign the Release of Liability and Concession Addendum therefore, the concession was not given. You were made aware of this during our meeting on February 27`h, 2015. After a full audit of your account it has been brought to our attention a pet fee in the amount of $350 was due as of your move-in date of February 25", 2014; no payments were received towards the non-refundable fee of $350. o Pet Addendum attached. + It was also brought to our attention a rental concession of $670.00 was posted to your account on May 20th, 2014 in addition to a $99 move-in special posted to your account in September 2014; however the agreed move-in special on your Welcome letter states a total move-in special of $500 was to be given; rental concessions in excess of $269 were given. As it is stated Kingwood Lakes has no further financial obligation to you and your account is considered closed. Please feel free to contact my office directly to discuss any areas of your account or lease agreement documents if you have any other questions of concerns, Regards, A' (C ^. -a m ^ r^ cr o a ^ C3 C3 --^^ c3 ru .® ^ ..^^ ^ N 5 : .^:- ^ . ^..^ _ ^_.._. Exhibit 10 j ust Just En€rgy P Ol. Box.4607^J8. Houston, Texas 77{356 ?"1.856-5£7-g&74 F i.888 549-7^i9t7 E REr #i O0S2 Ptr-kwur_t ifia custamerSuppart@JustErterglr ,vIC ^.tXn► it ts! t 1 CJNE 3700 KtNGUIf(UC}Cy DR #36Q5 KINGWOOD, TX 77339 Dear MELANIE BITTONE, October 12, 2015 As per your request, please find the documents attached. If you have any questions or additional requests, please feel free to contact us using one of the methods in the top right corner. Sincerely, Just Energy Customer Service Date Range: 4/2I2014 - 14i/i}2015 Hill No Sill bate Due Date service service End start 1 404066996 1403107006 14060S$4Q8 1406239989 1407102278 1408029822 141809550'S 1408271422 1409028052 1411045422 1412002830 1412051647 1501020861 1502009393 1 503036300 250404959g 1505032920 04/02/2014 05/12/2014 06/11/2014 04/03/2014 05/10/2014 06/09/2014 06/28/2014 06/26/2014 07/12/2014 07/10/2014 08/03/2014 08/12/2014 08/30/2014 09/05/2014 11/06/2014 12/02/2014 12J07/2014 08/01/2014 05/12/2014 06112/2014 06/28.2014 07/12/2014 08/03/2014 48/10/2014 08/12/2014 09/28120.14 08/30/2074 08/31/2014 11/04/2014 11130/2014 1210412014 09/05/2014 11/06/2014 01128/2015 02103/2015 03/05/2015 04/04/2015 05/04/2015 03/03/2015 04/02/2015 04/29I2015 03/0512015 04/04(2015 05104/2015 Current Charges Tax Amount Net Due Amount 0 0.00 65.00 0.00 64:36 0.64 0.00 60.00 0.00 59.4.1 0.59 4.04 60:00 0.00 59.41 0.59 0.00 0.00 50,00 0.00 49.50 0.50 0.00 0.00 60.00 0.00 59.41 0.59 0:00 0.00 50.00 0.00 49.50 0.50 0.00 0.00 50'00 0.00 49.50 0.50 0.00 0.00 40.00 0.00 39.60 0,40 0.00 0.00 100.00 0.00 99.01 0.99 0.00 0.00 43.00 0.00 42.57 0.43 0.00 0.00 9.90 010 0.00 0.00 49.50 0.50 0.00 0.00 59.41 0.59 0.00 0,00 59.41 0:59 0.00 0.00 49.50 0.50 0.00 0.00 59;41 0.59 0.00 0.00 59.41 0.5:9 0.00 0 0.00 0 0.00 06/29/2014 Q 07/13/2014 0 08104/2014 0 08113/2014 0 08/31/2014 0 09/06/2014 0 1 U07/2014 12108/2014 02/03/2015 Adjustmeats Applied 06/12/2014 12/0712014 01/03/2015 Payments Received 05/13/2014 12/0.3/2014 01101/2015 $alancc Fotsvard Amount 04/04/2014 12102/2014 01/03/2015 KWH Qvantdty 0 0 0 0:1/04/2015 p 02104I2015 0 03/06/2015 0 04105/2015 0 0.00 0.00 10.00 50.00 0.00 60.00 0:00 60.00 0.00 50.00 0.00 05/05/2415^ Ju 0Energy 0 00m 60.00 60.00 Jus t Just Energy P.O. Box 46000 z, Houston, Texas 77056 RE1s#9 0052 1506030132 1507049316 1507284456 1508010688 05/04i2015 07103/2015 07/29/2015 08/03Y1015 1508212718 08/24/2015 1509001072 09102/2015 T 1-866-587-8674 F 1.83&-54&-7690 E Gu stcsmarSuPpnrcg;lustEnergy. corn 0610212015 0711)112015 07/27/2015 08/01/2015 08/22t2015 08i31/2015 06/0412015 07l0312015 07/29/2015 08/03/2015 0610512015 0 07104,2015 (}7/30/2015 08/0*,2015 08/24/2015 08/2512015 09/02/2015 08l31/2015 0 0 0 0 0 0.00 80.00 0.00 80.00 0.00 9.00 0.00 0.00 0.00 www.JustEnergy.com 80.00 15:00 0.00 0:0a 79.21 0.79 0.00 0.00 79.21 0.79 0.00 0.00 8.91 0.09 0.00 0.00 79.21 0.79 0.00 0.00 24.75 0.25 0.00 0.00 -7.70 0:00 -7:'70 3 ,^ ^ • Kinmood Lakes Apartments 3700 Kingwood Drive Kingwood, TX 77339 (281) 358-0819 (281) 358-4630 08/08J2014 Dear Resident(s), According to o ecords, in the amount o 119.30 futl, in the form u have an outstanding balance on your account eCtric Balance This balance must be paid in ey order, cashier check, or credit/debit card imrnediatejly. If you do not understand thi s letter or have any questions please contact the office at (281) 358-0819. Immediate attention to this matter is required, Assistant Manager Kingwood Lakes Promise to Pay Date: Balance must be paid in full by due date of eviction will be filed Ki.n;wood Lnkes Apnrtments 3700 Kingwood Drive Kingwood, TX 77339 (281) 358-0819 (281) 358-4630 7/29/2014 Dear Resident(s), According to our records, you have an outstanding balance on your account in the amount of 1113.95' his balance must be paid in full, in the form of a money order, cashier check, or credit/debit card immediately. If you do not understand this letter or have any questions please contact the office at (281) 358-0819. Immediate attention to this matter is required. Assistant Manager Kingwood Lakes Promise to Pay Date: Balance must be paid in full by due date or eviction will be filed Kinwwood Lakes Apartments 3700 Kingwood Drive Kingwood, TX 77339 (281) 358-0819 (281) 358-4630 08/08/2014 Apt. #: 3605 Dear Resident(s), According to our records, you have an outstanding balance on your account in the amount of $86.08 electric balance This balance must be paid in full, in the form of a money order, cashier check, or credit/debit card immediately. If you do not understand this letter or have any questions please contact the office at (2811358-0819. Immediate attention to this matter is required. Assistant Manager Kingwood Lakes Promise to Pay Date:_ Balance must be paid in 1l by due date or eviction will be filed _ - ^ ^. _.._ ... . , _.... ._^..... ADVANCE NOTICE OF LEASE TERMINATION AT EN1? OF LEASE TERM OR RENEWAL PERIOD 07/02/20 15 Melanie Bittane Date (Names of all residents) 3700 Kingwood Drive # 3605 (Street address and dwelling unit number, if applicable) Kingwood, Texas 77339 (City, State, Zip) Re: Notice to vacate at end of lease term or renewal period TAA Lease Contract dated 02/2812015 between residents named above and KINGWOOD LAKES ( owner) Dear Resident(s): Your current TAA Lease Contract expires on 08/27/2015 your -lease, we are writing this letter to give you sufficient notice of our- requ According to the advance notice provision of for possession of your dwelling unit on x' 202a Please consider this letter as tawful, , . to v^a n that date. an I^-- DATE notice was given by the method checked below S RE of own representative The notice was: (check at least one) hand delivered to any one of ihe /// vvV residents named above, ^ hand delivered to any person `16 or older residing in the dwelling; posted on the inside of the dwelling's main entry door (not the screen door) that has a keyless bolting device or keyless deadbolt on it; q sent by regular mail; q sent by certified mail, return receipt requested; or 0 sent by registered mail. n00d Lakes Ap^.rtmrents 3 700 Kingwood Drive Kingwood, TX 77339 (281) 358-0819 (281) 358-4630 08/08/2014 Dear Resident(s), According to our records, you have an outstanding balance on your account in the amount of $133.95 electric balance This balance must be paid ^n ' full, in the form of a money order, cashier check, or credit/debit card immediately. If you do not understand this letter or have any questions please contact the office at (281) 358-0819. Immediate attention to this matter is required. Assistant Manager Kingwood Lakes Promise to Pay Date: Balance must be paid in fu17 by due date or eviction will be filed THIS IS NOT AN EXHAUSTIVE LIST MULTI-FAMILY COMPLEX OF CHOWDARY YALAMANCHIL AND MANAGED BY ADARA COMMUNITIES Apartment Complex Water Gas Average Billing or I bedroom dwelling Ashley Park Townhomes & Apartments Oklahoma City, Oklahoma, 73159 Website Cross Creek Apartments Piano, Texas, 75025 Website Waters Edge Piano, TX, 75024 Website Cambridge Village ( 469) 729-2919 Lewisville, Texas, 75077 Website Emery Bay at LakePointe (469) 240-5061 Allocated Water $30 average ins Lewisville, TX, 75057 Website Brandon Walk Apartments Garland, Texas, 75040 Website Brookhaven Apartments Farmers Branch, Texas, 75234 Website Parks at Addison Dallas, Texas, 75001 Website Shadowood Apartments Dallas, Texas, 75001 Website Huntington Lakes Dallas, Texas, 75231 Website MacArthur Park Apartments Allocated Water $35 average per (469) 209-7799 month (469) 729-2907 Allocated Water $30 - $40 Average Irving, Texas, 75063 Website Summer Bend Apartments $21 for hot Irving, Texas, 75038 Website Prescott Place Apartments Mesquite, Texas, 75150 Website Huntington Ridge Apartments Irving, Texas, 75038 PAGE water THIS IS NOT AN EXHAUSTIVE LIST MULTI-FAMILY COMPLEX OF CHOWDARY YALAMANCHIL AND MANAGED BY ADARA COMMUNITIES Website Hunt Club Apartments Euless, Texas, 76039 Website Pepper Tree Apartments College Station, Texas, 77845 Website Madison Pointe on Southwest Parkway College Station, Texas, 77840 Website Forest in the Woodlands (936) 235-2821 Conroe, TX, 77384 Website Monterone Canyon Creek Allocated Water Average $50 - $75 Austin, Texas, 78726 Website Imperial Chase Apartments The Woodlands, Texas, 77386 Website Kingwood Lakes Apartments Flat $54 $21 Kingwood, Texas, 77339 Website High Point Village Apartments reg Allocated Water $65 average 0 Austin, Texas, 78741 Website Whisper Hollow Apartments Austin, Texas, 78741 Website Foxwood Apartments Humble, Texas, 77338 Website Timbers of Deerbrook Humble, Texas, 77338 2121 Ella ( 281) 914-4924 Houson, Teas Website Sunrise Bluffs Apartments Austin, Texas, 78744 Allocated Water $65 average $13 Allocated Gas Website Champion Oaks ( 281) 760-4987 Allocated Water $25- $35 averaage Houston, Texas, 77069 Website Cypress Commons (281) 890-1700 Cypresswood, TX 770777 Prestonwood Apartments PAGE 0 THIS IS NOT AN EXHAUSTIVE LIST MULTI-FAMILY COMPLEX OF CHOWDARY YALAMANCHIL AND MANAGED BY ADARA COMMUNITIES Houston, Texas, 77070 Website Breton Mill ( 281) 653-7586 Houston, Texas, 77070 Website Sausalito Apartments Houston, Texas, 77060 Website Trails of Windfern Apartments Houston, Texas, 77064 Website Winchester Place Apartments Houston, Texas, 77064 Website Cherry Creek Apartments ( 281) 571-3022 Houston, Texas, 77040 Website Park West Apartments Houston, Texas, 77040 Website Hammerly Walk Houston, Texas, 77080 Website Thorntree Apartments Houston, Texas, 77015 Website Yorktown Apartments Houston, Texas, 77056 Website Brays Village ( 281) 495-9160 Houston, Texas, 77072 Website 7100 Almeda ( 713) 568-4022 Allocated Water $25 - $44 Houston, Texas, 77054 Website Synott Square Houston, Texas, 77083 Website Jasmine Park Apartments Pasadena, Texas, 77502 Website Winding Trails Apartments Houston, Texas, 77099 Website Timbers of Keegans Bayou Houston, Texas, 77099 Website PAGE THIS IS NOT AN EXHAUSTIVE LIST MULTI-FAMILY COMPLEX OF CHOWDARY YALAMANCHIL AND MANAGED BY ADARA COMMUNITIES Cinnamon Ridge ( 281) 971-9481 Pasadena, Texas, 77505 Arbor Village Townhomes I( 281) 606-0022 Houston, Texas, 77035 bor Hill Apartments n Antonio, Texas, 78232 Windrush Apartments San Antonio, Texas, 78230 W Oak Creek Apartments San Antonio, Texas, 78230 Hearthstone Apartments San Antonio, Texas, 78240 e 4000 Horizon Hill San Antonio, Texas, 78229 Hyperion Apartments San Antonio, Texas, 78240 Medical Center Apartments San Antonio, Texas, 78229 Northgate Village San Antonio, Texas, 78240 Arrowhead Pointe Apartments Albuquerque, New Mexico, 87123 Entrada Pointe Apartments Rio Rancho, New Mexico, 87124 Oaks at Woodridge Apartments Fairfield, Ohio, 45014 The Colony of Springdale Cincinnati, Ohio, 45246 Trinity Place Apartments Middletown, Ohio, 45042 Hunters Chase Apartments Miamisburg, Ohio, 45342 PAGE THIS IS NOT AN EXHAUSTIVE LIST MULTI-FAMILY COMPLEX OF CHOWDARY YALAMANCHIL AND MANAGED BY ADARA COMMUNITIES Website Stoneridge Apartments Dayton, Ohio, 45415 Website Newport Apartments Tampa, Florida, 33615 Website Walden Lakewood Plant City, Florida, 33563 Website Sun Chase Apartments Bradenton, Florida, 34209 Website Regency Apartments Lakeland, Florida, 33803 Website College Park Apartments Carlisle, Pennsylvania, 17013 Website TimberLake Apartments Sarasota, Florida, 34243 Website PAGE