Consumer complaint received 2024-01-09
Product: Credit card — General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement — Credit card company isn't resolving a dispute about a purchase on your statement
Company: BANK OF NEW YORK MELLON CORPORATION, THE (NY)

Subject : Formal Complaint XXXX and BNY Dispute Resolution Dear Consumer Financial Protection Bureau, I hope this letter finds you well. I am writing to file a formal complaint against XXXX and the Bank of New York ( BNY ) regarding a dispute related to a short-term apartment rental. My efforts to resolve this matter have been met with unresponsiveness, and I seek your intervention to ensure a fair resolution. 

In XXXX ], I rented an apartment through XXXX, located at XXXX XXXX XXXX, XXXX, NY XXXX XXXX Subsequently, it came to light that neither the host nor XXXX had obtained a Certificate of Occupancy for safe habitation, leading to citations from the XXXX and DOB ( Dept of Buildings ) and a full vacancy order issued for the residence. 

Prior to filing a dispute with my bank, I attempted to address the issue directly with XXXX. Unfortunately, my attempts proved futile as I encountered a constant runaround. The emails I sent were consistently redirected to XXXX staff in XXXX, and with each new representative, I had to reexplain the matter repeatedly. Moreover, I received a single message in their website portal, but due to a website glitch, the messages do not open, redirecting instead to a server error. 

In response to these circumstances, I filed a chargeback with my bank, based on the grounds that XXXX XXXX XXXXXXXX law prohibits the collection of rent for illegal apartments. This action was taken due to XXXX 's lack of due diligence on safety and the host 's intention to deceive, both of which I believe violate the Visa Merchant Agreement. 

My concern arises from the lack of cooperation received from the Bank of New York ( BNY ). It is my understanding that BNY is XXXX 's merchant provider. XXXX XXXX, a XXXX Dispute Analyst at BNY , offered no assistance, stating that her department would not process the dispute. However, as the dispute is rooted in violations of terms set forth by Visa, I am uncertain whether BNY has the jurisdiction to deny reporting this matter to Visa and ignore the complaint. 

I am seeking further clarification from all involved parties and relevant regulators. Additionally, I would appreciate your assistance in obtaining a statement from Visa to clarify whether utilizing their network to collect payments for services that are against the law is prohibited. 

I believe that both XXXX and BNY must be held accountable for the profits obtained through an illegal service. Moreover, I was informed that the XXXX Mayor 's office has a dedicated team to protect tenants in such matters and will prosecute those involved. 

I have attached relevant documents, including the email correspondence with XXXX XXXX from BNY. Your prompt attention to this matter is crucial, and I appreciate your time, understanding, and support in resolving this issue. 

Thank you for your consideration. 

P.S. 
As quoted on XXXX own website : https : XXXX New short-term rental regulations Starting XX/XX/XXXX, the city began enforcing its rules which require all eligible short-term rental Hosts to be registered with the city, or have Class B status, to continue hosting short-term rental stays. 

Therefore, this reservation for this booking should have been canceled due to the enactment of new laws in XXXX, preceding the XXXX rent period. The host neglected to secure proper registration with the city, presumably due to a lack of a Certificate of Occupancy ( COO ) permit, possibly linked to illegal construction. XXXX violated the law by permitting the listing and transaction despite being aware that the transaction contradicted the newly implemented laws.