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Beatrice Kulish Misrepresentation, ADA Compliance, Expectation of Privacy, False Advertisement Los Angeles California
Our Las Vegas Trip From Hell
January 2 - January 8, 2008
$2,225.00 Lost
On July 16, 2007 I entered into an agreement with Beatrice Kulish, P.O. Box 69884, Los Angeles, California 90069, to rent the penthouse suite of the famous Jockey Club located on 3700 S. Las Vegas Boulevard, #1176, Las Vegas NV 89109. Instead of Christmas presents, we decided to go on a family vacation to Las Vegas. My family consists of my 85 year old handicapped father, my husband who at that time was at a 5 month mark of recovering from quadruple bi-pass surgery, my 23 year old son, his girlfriend, and myself. Because the penthouse was on the strip, was private, was supposedly wheelchair accessible, and had two bedrooms, we felt this was a perfect fit for our group.
The penthouse was falsely advertised on Craigs List. The ad displayed numerous photos of the penthouse suite along with beautiful, unobstructed views of the strip. This was not the case.
When we arrived, we found that the Bellagio, next door, was building a 12 billion dollar mini-city. The story goes that because the Jockey Club wouldnt sell their small by comparison, property to the Bellagio, Bellagio proceeded to build completely around the Jockey Club, with the Jockey Club being this tiny little entity surrounded on 3 sides by massive beams and construction. This was to the extent that the only way into the Jockey Club was via a narrow alley and the only way to our room was to push the wheelchair up a narrow, steep and unsafe ramp. Needless to say, my husband couldnt do it as he was still recovering from his operation. I couldnt do it as my small 5 frame just didnt have this type of strength. So, thank goodness my son was with us or I dont know what we would have done.
Here comes the good part. When we entered our room, there were no views of the strip, but rather construction beams and construction workers right outside of our windows! The window treatments, vertical blinds, were all broken and on the floors. My husband tried to put them back up so that we would have privacy, but they were too broken and they did not close completely. Therefore, our expectation of privacy was non-existent. We took pictures of the construction workers waving to us outside of our 11th floor window. They literally worked with one foot on the window ledge of our penthouse suite and one foot on the beam they were jack-hammering. Yes, jack-hammering 24 inches outside the glass of our windows.
The jack-hammering stopped at 11:00 p.m. and the workers left. Just long enough for us to change into our pajamas and go to bed. We had to stay dressed until then or they would have seen us in our bed clothes as there were limited blinds on the windows and those that were there wouldnt close all the way.
The jack-hammering started again at 3:00 a.m. and the workers returned. Besides the noise, I awoke to light shining into my eyes from the construction workers light on his hardhat. As he worked outside the window, his light was shining onto our bed back and forth with each move he made. Hopefully he wasnt looking at us, but who knows. He seemed to be working. When I opened my eyes, I could see him, just as clearly as he couldve seen me.
The next morning, my husband asked the workers if they start work at 3:00 a.m. every day, and were they off on the weekend. We were informed that they work 7 days a week, beginning at 3:00 a.m. and ending at 11:00 p.m.
Well, clearly this wasnt going to work. The major issue was that we had no privacy. My understanding of the law is that under the US Privacy Law of 1960 we have a right to privacy in a place where a person would reasonable expect to be private, such as hotel rooms, homes, telephone booths, etc.
We were getting sleep deprived as well. Physically, this wasnt good for any of us, but especially unacceptable for my recovering husband and handicapped father as their medical issues just simply wouldnt have tolerance for this.
Communication with the landlord, Beatrice Kulish, prior to our arrival clearly indicated our need for handicapped accommodations.
Communication with the landlord, Beatrice Kulish, upon our arrival clearly indicated she had no intention of reimbursing us or making rectifications in any way. What she did say, was that the following fine print clause was in the rental agreement Landlord/Management is not responsible for construction noise from bldg. in/around the area that is currently in effect, nor the amount of time the construction is going on. As a renter of the unit you fully acknowledge that theres construction happening next door and accept the unit with this in mind.
While I have been in places where construction was going on, but never to the extent that it was directly outside of my bedroom window and for 21 hours of each day. Ms. Kulish, stated to me on the phone that she was unaware that it was outside of our windows and also unaware that it was for 21 hours of each day.
The landlord, Beatrice Kulish, would not comment on the Privacy Law that was clearly being breached upon.
Further, the advertisement did not show construction out the windows. It reflected clear views, so there was no way for us to know the construction was taking place in such close proximity. This was false advertisement and total misrepresentation of the property as shown on the Craigs List site. I provided Ms. Kulish with pictures clearly reflecting the situation.
The landlord, Beatrice Kulish, would not comment on the lack of adequate handicapped accommodations that the American Disabilities Act clearly defines.
Payment was expected in full by September 17, 2007. We paid a total of $2,225.00 for this penthouse suite in the Jockey Club by the due date.
We stayed one night. The following morning, after 3 hours of sleep and a horrendous night of men outside our windows, we got a room at Ballys (another $2,000) for the remainder of our stay. The room was not two bedrooms, but rather one bedroom with a large living room which 4 of us slept in on cots. My father was given the bedroom. It was a lovely room, quiet, and with no men outside of our windows looking in at us. Not exactly what we had in mind for our vacation, however thankful for the privacy it contained. We informed the landlord we would not be staying at the penthouse. We also obtained written documentation from the Jockey Club Security Office that we had turned in our key and left the room as we found it.
To date, we havent gotten any reimbursement from Beatrice. Our $200 security deposit hasnt even been returned! What we have gotten however, were nasty emails from a very uncaring landlord who, it seems has made $2,225.00 for a one night stay.
Please help us in any way possible to get our money back.
Thank you.
Denise
orlando, Florida
U.S.A.
1 Updates & Rebuttals
John
Gray Court,South Carolina,
U.S.A.
This is such a strech of the truth...
#2Consumer Comment
Thu, July 03, 2008
I have stayed at this very same condo, and it looked like the pictures online. I'll be coming back too! There was a broken dish but it was replaced with a whole new set within 12 hours. Beatrice was very helpful and I am certain would have been with any issue. She had people locally available to handle the dish issue that our group had, they even brought us extra because we had some friends joining us for breakfast one morning. The blinds were fine when I was there, so perhaps this woman ripped them down, with verticals it doesn't take much. I am certain that Beatrice would replaced them immediately had she been called. Of course, we read the fine print and were not surprised at construction adjacent and around. Come on, lady, there is always construction in Las Vegas and you should always read the fine print before you agree to anything!
Everything that goes on with building construction is public knowledge and readily available with a phone call to building and safety anyway! I don't know about the noise or the construction times, never experienced any such thing as this woman mentions. They started at about 7am, but never woke us, I'm just an early riser, it was actually quite an amazing show and the view was completely obstructed. When I was there construction stopped just before sundown. Most cities do not allow building construction outside the hours of 7am-7pm so I figure the lady is just exaggerating. I would like to see the time/date stamp on those pictures of construction workers jack hammering on what must have been air on the 11 floor of a building under construction. Jackhammers typically are employed to rip up concrete and asphalt, not as noise makers in high rise construction projects on high floors. No one was Jack hammering within earshot while we were inside. I have to wonder what a Jackhammer would be doing so fare off the ground. I also find it hard to believe that construction workers had one foot on her window ledge and one foot on the beam of the building under construction.
As for her ADA complaint, it is absolutely and completely unwarranted; I saw that ramp and my crippled cousin, with spinal bifida, wheeled herself right up with out assistance from behind in a non-motorized wheel chair. The city inspectors would never let a wheelchair ramp, temporary or permanent pass if it was too steep under ADA. It sounds to me like this woman should be complaining to Building and Safety in Las Vegas and kicking herself for not reading the fine print. Note she never was asked to leave but left on her own volition where she stayed in a posh hotel that is basically next door to the construction as well.
Keep in mind, once the guests arrive, the lesser has no way to re-lease for that period of time. The place has to be cleaned and prepared for the next guest; this takes time and manpower and costs money! I don't think Beatrice Kulish owes them anything because she covered potential issues in her contract. This guest is obviously a professional victim of some kind and enjoys making up exaggerated stories. Has she filed in small claims court? Did she win? If not, then why is she even here? Because she knows she has no case; and because deep down she is obviously not being totally truthful about her families intentions or experience. It is my belief that the family changed their mind, wanted a hotel environment, and made up what ever excuses they could think up to screw this nice lady out of her fee and move their clan in a posh hotel.