Sep/Oct 2020 WINDOW On Rental Housing

ON RENTAL HOUSING

SEP OCT 2020

CO-CHAIR

Rene Flores, CAS Platinum Pool and Spa

CO-CHAIR

Ryan Harmon, CAS Camp Construction

THIS ISSUE:

18 Five Ways Virtual Trade Shows Benefit Your Business

21 Doc & Gayle Young Food Drive Has Officially Begun

28 2020 Property of the Year Finalists T H E O F F I C I A L P U B L I C AT I O N O F T H E

Austin Apartment Association

2020

Wild Wild West

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CONTENTS SEPTEMBER / OCTOBER 2020 ISSUE

FEATURES 18 Five Ways

Virtual Trade Shows Benefit Your Business

21 Doc & Gayle Young Food

Drive Has Officially Begun

28 2020 Property

of the Year Finalists

19

2020 Wild Wild West V I R T UA L Trade Show October 20 - 30 Keep an eye out for these two outlaws as the Virtual Trade Show approaches.

10

Larry Niemann Fall Golf Classic

22

Virtual Business Exchange 2020

26

Marketing your Business During A Crisis

32

APEX Virtual Registration

36

ACE Subscription

37

SOLT Scholarship

2020 / SEPTEMBER - OCTOBER /

3

Austin Apartment Association 2019-20 2 0

The Official Publication of the

A USTIN APARTMENT A SSOCIATION 8620 Burnet Road #475 Austin, TX 78757 P: 512.323.0990 F: 512.323.2979 www.austinaptassoc.com

IN EV E RY I S S U E 5

12

Industry Update

6 Leadership

14

Diamond Sponsors

7 Calendar

16

New Members

9

Presidents Perspective

24

Committee Chat

11

Market Report

38

Law In Order

Letter from The Editor

AD VE RT I S E R I N D EX IFC Austin Energy

17 ProValet Trash & Recycling

33 InterSolutions

Communications Advisory Committee Chairs

1

A&A Wrecker

2

Camp Construction

23 Austin Resource Recovery

Danielle Archuleta (844) 433-3824

8

Century A/C Supply

23 Charter Furniture

41 Ameristar

13 BG Multifamily

31 Ameristar

OBC Integrity Paving

15

31 Austin Estate Gate

Stephanie Naylor (512) 335-8138

Executive Editor

CSC Service Works

33 Maintenance Supply Headquarters

Emily Blair, CAE

Managing Editor Amber Collins

Association Staff Emily Blair, CAE, Executive Vice President, emily@austinaptassoc.com Dana Bolz, CMP, Director of Events/Meetings, dana@austinaptassoc.com Paul Cauduro, CAE, Director of Government Relations,

paul@austinaptassoc.com Amber Collins, Director of Marketing & Communications, amber@austinaptassoc.com Amy Lydic, CAE, Director of Education amyl@austinaptassoc.com Lynne Williams, Accounting Manager, lynne@austinaptassoc.com Lisa Berman, Director of Membership Development

lisa@austinaptassoc.com Event Photos by David Cox

www.davidcox.org Design by Graphic Engine Design Studio

www.GraphicEngine.net

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/ WINDOW ON RENTAL HOUSING

The advertising and article submission deadline for the November/December 2020 issue of Window on Rental Housing is September 30, 2020. All material submitted is subject to review and approval of the Austin Apartment Association.

The publisher assumes no responsibility for care and return of unsolicited material. The Austin Apartment Association is affiliated with the Texas Apartment Association and the National Apartment Association.

For questions concerning advertising, articles or subscriptions, call (512) 323-0990.

Window on Rental Housing is published bi-monthly by the Austin Apartment Association, 8620 Burnet Road #475, Austin, Texas 78757, (512) 323-0990, (512) 323-2979 fax.

THE EDITOR Letter from

Emily Blair, CAE

Executive Vice President / Executive Editor

PARTNERSHIP AND CONNECTIVITY Individual success cannot be found without the support and contribution of others.

This could not be truer this year.

O

ur industry is built on the partnership and connectivity of the rental housing providers and the suppliers and service providers that keep the community running. Those relationships and community within our industry not only helps get the job done, but also keeps us sane through the process. If you ask any member, that partnership is the reason they are a part of the association. I also think many members would say these partnerships are what is helping them get through the challenges this year has presented. We must put in the work to maintain and foster new partnerships as best we can in this environment. It will pay off.

This issue, we feature that partnership. Our Trade Show may not be the format or event experience it has been for the past 25+ years, but “the show must go on.”

This year, we have planned, re-planned, and then

re-did the re-plan. We have worked hard to maintain as much benefit as we possibly can for Trade Show and other networking events — but in a virtual environment. We hope we can connect you with familiar faces and encourage new connections. Because the partnership with the suppliers and our industry owners and managers is critical to the success of this industry.

The resources we have provided in this issue are meant to help you maximize those connections in a virtual way. We hope will support your success and involvement in the events the remainder of 2020.

I hope you join us on the journey of reinvention and make time to make connections. Because “when it comes to connecting, technology doesn’t have to be in the way — it can be the way.”

Emily Blair, CAE

2020 / SEPTEMBER - OCTOBER /

5

20 19 -2 0 2 0 E XECUT I V E CO MMI T T EE

2019-2020 BOARD OF DIRECTORS Adrian Garcia, CAM, CAPS, Intersolutions Staffing Amanda Seamans, CAS, Elevate Residential Services Bill Warren, Warren Law Firm Cecil Domel, CAM, CAPS Belco Equities Chelsea Kneeland, CAS, J Turner Research Christi Pyle, CAM, CAPS, LDG Development Desiree Golden, CAM, CAPS, Foundation Communities

Sandy Eckhardt CREA Management

Stephani Park Roscoe Properties

President

President-elect

Ryan Harmon

Christy Sanchez

CAS

CPM, CAM

Camp Construction

Bainbridge Companies,

Vice President

Secretary/Treasurer

Shannon Green, Weinstein Properties Haydee Scott, CAS, BG Multifamily Kris Burleson, CAS, Gage Multifamily Services Kimberly Faulkner, Greystar Lyndsay Hanes, CPM, Metric Property Management Meagan Johnston, CAPS, Roscoe Properties Missy Sterns, CAPS, LDG Development Sam Levassar, CAS, Camp Construction Shay Mickler, The Liberty Group Stephanie Naylor, CAS, Flooring Warehouse

Stephanie Petersen, CAM Bluebonnet Commercial Management LLC

Katya Watson

Renee Zahn

CAM

NALP, CAM, ARM, CPM

VP at Large

VP at Large

Immediate Past President

Greystar

Terri Needham, CAS, PS Landscapes, Inc. Toni Rackley, Flooring Warehouse

Greystar

Tracy Slappey-Scott, Pinnacle An American Mgmt. Co.

A A A PA ST PRE SI DENT S John Harrison* (64)

Jim Solt* (76)

Carl E. Beck (88)

Frank Montgomery* (65)

Steve Colella (77)

Kim M. McGregor (89)

Jim Eichelberger* (66)

Ted Hendricks* (78)

Beth Holt (90)

Andy Wagner* (67)

Hank Guerrero* (79)

David Stapleton, CPM (91)

Ray Littlefield* (68)

Don Tait (80)

Sheri Gallo (92)

George Nalle* (69)

Ray Head (81)

Gina Roberts (93)

Don Jackson (70)

Ed Norton (82)

Carol Martine, CPM (94)

Gene McGregor* (71)

Bob Benson (83)

Keith Warner (95)

Ed Hamel (72)

Jimmy C. Elliott (84)

Michael R. Hill, CPM (96)

Barry Gillingwater* (73)

Joe Sharp (85)

Vicki L. Sharp, NALP, CAPS (97)

James Raper (74)

Dick Obenhaus (86)

Kim M. McGregor (98)

Rich Ellmer (75)

Susan Melton (87)

Anna Kelley* (99)

Bill Roland, CPM, CCIM (00-01) Tami Martin, NALP, CAMT, CAM, CAPS (01-02) Carol Martine, CPM (02-03) Joy Lamb, CPM (03- 04) John Raper (04-05) Debi Wehmeier, CPM (05-06) Renee Clark, CAM, CAPS (06-07) Sherry Perrin (07-08) Jana Ellis (08-09) Kara Garst, CAPS (09-10) Sarah Thompson, CAM, CAPS

Brooke Mahoney-Livesay CAPS (11-12) Sandy Eckhardt (12-13) Colleen Grahn (13-14) Robbie Robinson, CAM, CAPS, ARM (14-15) Gus Villegas (15-16) Theresa Ebner (16-17) Dwayne Stewart (17-18) Renee Zahn, CAM, NALP, ARM, CPM (18-19) *deceased

(10-11)

20 19 -2 0 2 0 COMMI T T EE C HAI RPERSONS Austin Supervisors Council

Kimberly Faulkner Meagan Johnston, CAPS Shanna Pope Communications Advisory Committee

Education Foundation Board President

Brooke Mahoney-Livesay, CAPS Food Drive

Danielle Archuleta Stephanie Naylor, CAS

Stephanie Naylor, CAS Terri Needham, CAS Paige Russell

Community Outreach

Investment Committee

Taryn Merrill Toni Rackley

Stephanie Petersen, CAM Ben Wells, CAS

Education Advisory Council

Legislative Committee

Dedra Bouffard, CAM Krista Washbourne

Meagan Johnston, CAPS Lyndsay Hanes, CPM Stephanie Petersen, CAM

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Membership A-Team

Products & Services Council

Of Counsel

Robyn Riley Carrie Thomes, CAM

Bill Warren, Warren Law Firm

Ryan Harmon, CAS Joshua Nichols

Ryan Harmon, CAS, Chair Rene Flores, CAS, Chair-elect Toni Rackley, Vice Chair Terri Needham, CAS, Immediate Past Chair

Next Gen Committee

PSC Members at Large

Tiffany Blankman John Claybrook Brooke Ludwig

Kris Burleson, CAS Brian Hackworth Chelsea Kneeland, CAS Shay Mickler, CAM, CAS Ashley Pruden, CAS Robyn Riley Anna Samaratunga, CAS Haydee Scott Carol Taylor

Membership M-Team

Political Action

Theresa Ebner, CAM, CAPS, CPM Gus Villegas

Texas Apartment Association

512-479‑6252 National Apartment Association

703‑518‑6141

SEPTEMBER 2020 DATE EVENT

PLACE

TIME

1

Food Drive SOCIAL MEDIA Sub-Committee Meeting

Zoom

9:00am-10:00am

2

Food Drive TELETHON Sub-Committee Meeting

Zoom

9:00am-10:00am

3

Food Drive Leadership Meeting

Zoom

9:00am-10:00am

4

Food Drive PROPERTY OUTREACH Sub-Committee Meeting

Zoom

9:00am-10:00am

10 Food Drive 2020 Town Hall Meeting Zoom

9:00am-10:00am

11 Food Drive FALL GOLF

Sub-Committee Meeting

Zoom

9:00am-10:00am

15 REDBOOK Multi-Family Rental

Housing Legal Seminar – Virtual

Zoom

8:30am-4:30pm

16 Food Drive TELETHON

Sub-Committee Meeting

Zoom

9:00am-10:00am

16 Food Drive PROPERTY OUT REACH Sub-Committee Meeting

Zoom

10:00am-11:00am

16 Education Advisory Council

Zoom

16 Webinar Wednesday Marketing Must-Haves!

16 AAA BREAKROOM with

Chelsea Kneeland

OCTOBER 2020 1

PLACE

Food Drive Leadership Meeting

AAA

TIME

9:00am-10:00am

1-31 TREATS FOR TREATS Properties

5-9 Doc & Gayle Young Food Drive

ONLINE AUCTION

Property Discretion

Virtual 8:00am-5:00pm

12:00pm-1:00pm

7

Webinar Wednesday - Identifying Prospect Needs - Leave the Crutch of Your Availability Behind Virtual

Virtual

1:00pm-2:00pm

8

Food Drive 2020 Town Hall Meeting

Zoom

9:00am-10:00pm

Facebook LIVE

2:00pm-2:30pm

14

Webinar Wednesday - Mastering Maintenance: How to Use Your Grit and Determination to be an Effective Leader

Virtual

1:00pm-2:00pm

Zoom

9:00am-10:00am

21-26 Doc & Gayle Young Food Drive Properties

Change For Change 23 Doc & Gayle Young Food Drive

FACEBOOK LIVE TELETHON

AAA

23 Webinar Wednesday - Rise

Resiliently: Succeeding at Work

When Life Gets Difficult

Virtual

Property Discretion 9:00am-11am

1:00pm-2:00pm

24 Food Drive 2020 Town Hall Meeting Zoom 9:00am-10:00am

15 Food Drive Leadership Meeting

AAA

20-30 AAA 2020 Wild Wild West

VIRTUAL TRADE SHOW

Virtual 8:00am-5:00pm

21 Communications Committee

Zoom

21

Webinar Wednesday - Can Two People See Things Differently and BOTH be Right? Conflict Resolutions Skills All Teams Should Have Virtual

9:00am-10:00pm

10:00am-11:00am

1:00pm-2:00pm

Zoom

5:00pm-6:00pm

22 Food Drive 2020

Town Hall Meeting

Zoom

9:00am-10:00am

Facebook LIVE

4:00pm-4:30pm

29 Food Drive Leadership Meeting

AAA

9:00am-10:00am

29 AAA Board of Directors Meeting shutterstock

EVENTS

DATE EVENT

18 Food Drive Leadership Meeting

30 AAA BREAKROOM

with Toni Rackley

Calendar of

2020 / SEPTEMBER - OCTOBER /

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President’s

PERSPECTIVE Sandy Eckhardt

CREA Management 2019-2020 President

LOOKING BACK

What We Have All Accomplished Together

A

s our Leadership terms come to a close (mine as President, as well as Committee Chairs, etc.) I have begun to reflect on my year (plus!) leading this Board and association.

When I started my second term as President of AAA, I certainly didn’t have a clue what our industry was in for. I never would have been able to predict the challenges our industry faced (and is still facing). I look back at this term with such pride (and let’s face it, exhaustion) at what we have accomplished together.

From the beginning of this pandemic, our industry was in the center of it all — calls for rent to be cancelled, eviction moratoriums implemented, new regulations that differed county by county and city by city — it was an opportunity for us. Meaning, an opportunity for us to rise to the occasion and really show our community what we are made of.

Also, it was an opportunity for us to meet a critical goal: to spread the word about the Austin Apartment Association.

Because well over a year ago, I stated my #1 goal, and that was to “…be the first organization people think of when discussing housing.”

I think we have made great progress towards that goal. We have forged new media relationships —

where we are the ones they call when there is new information about rent collections, or eviction procedures, or anything directly impacting the rental housing providers we represent.

Our presence can be felt. If you have been watching the news throughout this time, I am sure you have seen some of our amazing volunteer members serve as spokespeople for the AAA. We have had more than 10 member spokepersons and more than 30 interviews/interactions with the media.

Not only that, but we are one of the first organizations renters think of now. For the first time, we established a “Renter Resources” page on our website, and made sure critical resources were available in English and Spanish. This is now the third most-visited page on AAA’s site, with over 6,000 visitors since the start of the pandemic in March.

This organization continues to have a great impact on not only the residents in our apartment communities — but the entire community.

I am so proud of the work we have done — together. I am proud we have made a greater name for the AAA, and I have never been more proud to serve as your Chief Elected Officer.

My #1 goal was to “…be the first organization people think of when discussing housing.”

Thank you for the honor, Sandy

2020 / SEPTEMBER - OCTOBER /

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September 2020

Market Line - AUSTIN AUSTIN OVERVIEW Occupancy: Price: Rental Rate: Size:

89.0% 1,268 $/mo 1.45 $/sf/mo 875 sf

Past 12 Months: -3.6% Rental Rate growth 4,548 units absorbed Operating Supply: 1,049 communities 247,118 units Recently Opened (12 mo): 49 communities 13,374 units

The box on the left displays a snapshot of the current market conditions.

Proposed Construction: 89 communities 26,587 units

93

92

The graph on the right displays the overall occupancy and effective rental prices over the past 24 months. These statistics are derived from a continuous survey of all apartment communities.

Effective rental prices are calculated net of concessions and utility adjustments.

The table below lists the 5 hottest submarkets in the Greater Austin area. There are a total of 11 submarkets, and the ranking is based on the best combination of rental rate growth and absorption over the past 3 months.

Under Construction: 58 communities 16,252 units

History of Effective Price & Occupancy 1350

1300 91

90 1250 89

1200

S O N D J F M A M J J A S O N D J F M A M J J A 2018

2019

2020

Price ($/mo)

Occupancy %

The table below distributes and analyzes concessions (specials) by classification. Concessions generally are represented by three types of specials: move-in, months free, or floorplan. ApartmentData.com captures the effect of these specials and prorates them over a lease term to arrive at a percentage reduction in market or street rents.

HOTTEST SUBMARKETS

CONCESSIONS

Over The Past 3 Months

Rank Submarket

Annualized % of Mkt Growth % Absorbed I-35 South 8.2% 1.6% Cedar Park/ Leander/ Four Points 4.2% 1.7% Round Rock/ Georgetown 3.3% 2.6% Pflugerville/ Tech Ridge/ Wells Branch 4.4% 1.5% Outlying Metro -2.3% 9.0%

Class

1 2 3 4 5

ALL A B C D

Total Units w/ Concessions 106,737 42,064 33,756 24,103 6,814

% of Total Units 43% 63% 44% 35% 20%

Other Texas Markets HOUSTON Occupancy: Price: Rental Rate: Size:

89.0% 1,044 $/mo 1.18 $/sf/mo 885 sf

SAN ANTONIO Occupancy: Price: Rental Rate: Size:

88

90.3% 985 $/mo 1.15 $/sf/mo 854 sf

DALLAS/FT.WORTH Occupancy: Price: Rental Rate: Size:

91.5% 1,163 $/mo 1.33 $/sf/mo 877 sf

Past 12 Months: -0.8% Rental Rate growth 8,772 units absorbed

Past 12 Months: -0.8% Rental Rate growth 3,848 units absorbed

Past 12 Months: 0.2% Rental Rate growth 19,923 units absorbed

Operating Supply: 2,883 communities 679,580 units

Operating Supply: 939 communities 201,017 units

Operating Supply: 3,206 communities 760,045 units

Citywide Effect -3.1% -5.5% -2.4% -1.6% -1.1%

Average Special -6.7% -8.6% -5.3% -4.3% -5.0%

ApartmentData.com has been providing apartment data and marketing products since 1986. We provide real time access for property specific information, market surveys and historic submarket data for over 3.5 million apartment units in AZ, FL, GA, NC, TN, and TX. Cindi Reed Regional Vice President 512.969.1499

2020 / SEPTEMBER - OCTOBER /

11

Industry UPDATE APARTMENTS MUST PREPARE FOR NEW ROUND OF ENERGY AUDITS

By Paul Cauduro, AAA Director of Government Relations

T Austin Energy reports that at least 635 multifamily properties must receive an energy audit by the end of 2021.

he beginnings of the green building movement occurred in the City of Austin in 1990 when the Austin Green Building Program was implemented. This program helped usher in a new era of building trends across the country that continues today.

In 2009, after successfully altering construction practices, the City of Austin took aim at excising structures and again set precedent by adopting its Energy Conservation and Audit Disclosure (ECAD) program operated by Austin Energy (AE).

The ECAD program began by requiring all single-family homes have an energy audit prior to the sale of the property and provide a copy of the results of the audit to prospective purchasers. In 2011 the ECAD requirements extended to apartment buildings. ECAD defines multifamily properties as any property with five or more residential units. The rules require that apartment buildings

greater than 10 years old must have an energy audit or perform an audit within 10 years of the completion of construction.

The ECAD program stipulates that that multifamily communities perform new audits every ten years, and since a majority of multifamily properties completed their audits in 2011 it’s now time for an audit renewal. AE reports that at least 635 multifamily properties must receive an energy au-

Read about AAA’s current advocacy issues at austinaptassoc.com/currentissue.

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dit by the end of 2021. AE has also targeted more than 400, mostly smaller properties that never performed an energy audit, need to come into compliance. High Energy Use properties are also being identified and those properties must provide tenants and prospective tenants a High Energy Use report before any lease is signed or renewed.

Letters from AE will soon be sent to multifamily properties informing them that it is time for an energy audit and that the audit must be performed by a Certified Building Performance Analyst. The letter will also remind properties that the audit results must be provided to current and prospective tenants and a copy of the audit must be provided to Austin Energy.

ECAD audits investigate air conditioning and heating system efficiency, air filtration, duct performance, air sealing in plumbing areas, weather stripping, windows and attic insulation. The audit is to find inefficiencies and spur energy efficiency improvements such as air sealing and insulation in order to provide more comfortable and desirable spaces for tenants.

Tenant surveys indicate that tenants living in an energy efficient unit are more comfortable in their units, more confident paying rent and utility bills on time and likely or very likely to renew their lease.

New COVID health and safety protocols have been put into place for the energy auditors, all all efforts will be taken to keep your property and its residents safe.

A review of the ECAD requirements is as follows: • The property owner or manager is responsible for making sure the ECAD audit is done.

• Energy audits must be done for all properties within the city limits served by Austin Energy the year the complex turns 10 years old. New audits must be conducted every 10 years thereafter.

• A qualified ECAD Energy Pro-

fessional must conduct the audit.

ECAD audits are comprehensive and require specialized equipment. The Energy Professional provides a copy of the energy audit to Austin Energy as well as Audit Results to provide to residents. ECAD energy professionals set their own prices and it is recommended that properties you get at least three estimates and check references.

• Energy audit results should be posted at the complex for all current and prospective residents to review.

• Properties identified by AE as “High Energy Users” must provide tenants and prospective tenants a High Energy Use report before any lease is signed or renewed.

• For current residents, the property owner or manager must give a copy of the audit results when requested or automatically provide it before current lease is renewed.

• For a prospective resident, the property owner or manager must provide copy of the audit at lease application before any application fees are paid.

AE is offering an incentive of up to $2500 to offset the cost of the ECAD audit. Rebates are also offered help offset the cost of needed energy improvements including, for a limited time, smart thermostat rebates and HVAC tune-up rebates.

For questions about ECAD and to ask if your property must now renew and/or comply call 512-482-5346, send an email to ecad@austinenergy.com or visit austinenergy.com/go/ecadmultifamily. To take advantage of the Multifamily ECAD Audit Incentive call that same number or email MFrebates@ austinenergy.com.

New City of Austin’s Recycling Requirements Begin October 1 Last year the Austin Zero Waste Advisory Commission (ZWAC) determined that residents in multifamily (MF) properties do not have the same ac-

cess to recycling because, among other reasons, the bin capacity set for MF properties is too low and quick fill to capacity and that once at capacity MF residents simple discard their recycling material in the trash bin.

In response to the perceived capacity shortfall ZWAC, and ultimately the City Council, amended the Universal Recycling Ordinance (URO) by increasing the recycling bin capacity size from 6.4 gallons per dwelling unit to 24 gallons per unit or an equal 1:1 ratio of landfill trash to recycling capacity. When the changes were adopted in the fall of 2019 the deadline for com-

pliance was set for October 1, 2020.

What has not changed is that apartment community managers must complete an annual recycling plan. This recycling plan (called the Annual Diversion Plan) details how the property meets recycling requirements. For assistance with the annual plan submittal or to discuss the new bin size requirements for multifamily properties call 512-974-9727 or send an email to: commercialrecycling@ austintexas.gov

2020 / SEPTEMBER - OCTOBER /

13

New MEMBERS AAA welcomes these new members who joined the association between June 1, 2020 and July 31, 2020. When deciding where to make your next purchase for your property, please consider an AAA supplier member.

NEW PROPERTY OWNERS/ MANAGEMENT COMPANY MEMBERS BHI Residential Long Term Corporation DBA Daydream Apartments Shandra Turner Denver, CO 258 units

Forefront Realty Management Eva Koehne Scottsdale, AZ 129 units

Hansen Properties Gregg Hansen Austin, TX 8 units

Marcks Properties Michael Marcks Austin, TX 3 units

Prosper Urban, Inc

Lindsay Scogin, CAM Austin, TX 73 units

SAS 5306

Jeff Saikin Austin, TX 4 units

Scobie Properties Heather Scobie Buda, TX 7 units

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NEW SUPPLIER MEMBERS Contractors – Restoration & Remodeling Elevate Residential Services Amanda Seamans 7303 Lunar Dr Austin, TX 78745 512-789-5235 www.elevateresidentialservices.com

Parking Lot Maintenance & Marking Power Wash of Austin David Apil 10815 Ranch Road 2222, Building 3B Austin, TX 78730 512-203-5840 www.powerwashofaustin.com

MoldTesting & Remediation Tremendecon Scott Eason 13000 North IH 35, Suite 100, Building 11 Austin, TX 78753 512-734-0689 www.tremendecon.com

FIVE WAYS

Virtual Trade Shows

BENEFIT YOUR BUSINESS

By Alexis Simoneau, CAE, Map Dynamics

The global pandemic has forced industries across the globe to pivot and evolve to adapt to the “next normal”. However challenging and uncomfortable, these necessary changes create room for opportunity — and one exciting opportunity is participating in trade shows — virtually.

Here are five ways virtual trade shows can benefit your business: They’ve missed you, too!

Whether you’re the type of company that goes to all the events, or the type that revolves your entire year around one event; I’m sure you miss your industry friends, customers, leads and fun of meeting someone new and shaking hands on the tradeshow floor.

While this event may not take place IRL (in real life), it will happen.

Your event organizers will create the space for you to see your friends and customers and meet those prospects who need the solution to the problem you solve. Your association helps make the event happen, and just like your booth doesn’t make itself pretty without you; you need to show up and be ready to engage in a new format. You got this!

Save big money on travel expenses.

Printing and shipping costs plus flights and hotel rooms for the whole team add up faster than you can say $1000. Don’t forget about all the time it takes to reserve the rooms and flights, wait at the airport and transfer to the hotel in the Uber that always takes at least 15 minutes… Think about all that time you get to save now! One massive perk of participating in virtual trade shows is your company’s cost savings—you can still earn the return on investment for the registration fee, without the costs and hassle of getting there. As long as you have a stable internet connection and a computer, preferably with a webcam, you’re good to go.

New format, new you.

If you’re bored of the same ol’ exhibit booth setup you’ve had for years; the odds are your audience is, too. Now’s the time to ditch that dated backdrop and loop video from 2010; and spruce up your website, downloadable white papers, engaging marketing video, and maybe even some covid-friendly chotskies you can mail directly to your prospects. The pandemic gives your business the opportunity to apply your solution to new problems your customers face with a compelling reason that you’re the answer and a better pick than your competitors.

Infuse energy into a Zoom-fatigued audience with refreshing creativity.

Back-to-back Zoom meetings and yet another boring happy hour on Zoom is the status quo.

Stand out from the dull monotony by coordinating with event organizers to offer your customers something fun and memorable - even if it’s on the other side of a computer screen.

Trivia, jumping goats, live entertainment, and a mixology or cheese board arranging class are new experiences event attendees and prospects can enjoy safely at home; all while spreading awareness of your brand and how fun you’ll be to work with.

Your customers still need you.

Whether they need your products or services right this moment or some time in the future, your customers didn’t stop needing you. They may cut spending for the time being and might have even disappeared for a bit, but we’re all busy and trying to do things in new ways and response times may be a little delayed — you can probably relate.

Virtual events are the next normal and many industry-leading organizations, like the Austin Apartment Association, are adapting to provide industry suppliers, like you, with opportunities that allow you to connect with your customers where they’re at. Sitting out the next event, just because it takes place in an online format is a loss for you and for your customers who need your help during this tough time. I’m sure you’ll find that even in the virtual space, you can find genuine connections and ROI that keeps your business alive until we can meet in-person again.

Alexis Simoneau, CAE is an Account Manager and Association Ambassador for Map Dynamics, an event technology company.

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34TH ANNUAL & G AY L E Y O U N C G DO

2020 2020 FOOD DRIVE EVENTS CHANGE FOR CHANGE September 21-26 FB LIVE TELETHON September 23 | 9 a.m. - 11 a.m.

HELP PROVIDE 100,000 MEALS THIS YEAR •Our goal this year is to raise $25,0000 •In years’ past, volunteers have raised money to purchase Thanksgiving food packs, which included a turkey and all of the trimmings so a local family can enjoy a full traditional Thanksgiving dinner.

•This year, due to COVID-19, we are donating ALL FUNDS to Austin area food banks, and our four partner organizations: Housing Authority City of Austin (HACA) , Texas Dept of Family and Protective Services Rainbow Room, Foundation Communities, and SAFE Alliance •100% of all money raised will be donated.

•All donors receive recognition in AAA’s Window magazine.

YOUR DONATION IS TAX DEDUCTIBLE Your contribution, for which no goods are received, is tax deductible to the extent allowed by law. Donations made with check or credit card, and providing mailing information, will receive tax receipts. AAA cannot bill your company for our community outreach programs.

TREATS FOR TREATS October 1-31 ONLINE AUCTION October 5-9 | 8:00 a.m. - 5:00 p.m.

DOLLARS FOR DESSERTS November 2-7 FOOD DRIVE FUNDRAISING AT FALL GOLF TOURNAMENT November 12 | 10:00 a.m. - 5:00 p.m.

Falconhead Golf Club

VIRTUAL DELIVERY DAY NOVEMBER 13, 2020

DONATE ONLINE

AustinFoodDrive.com 20

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—34th ANNUAL—

Doc & Gayle Young Food Drive

HAS OFFICIALLY BEGUN:

T

he AAA Food Drive Committee kicked off the 34th annual Doc & Gayle Young Food Drive with a “Gobble Trot” parade on Wednesday, August 12th, 2020.

The volunteer-driven fundraiser will run through mid-November with a goal to raise $25,000 to purchase 100,000 meals for residents in the Association’s 11-county Central Texas jurisdiction.

In years’ past, we have had a karaoke happy hour to kick off food drive season. This year, socially distanced caravans of no more than 10 cars drove three separate parade routes through participating apartment communities displaying the donation website address and QR code to minimize physical contact while giving Austin apartment residents and property managers the opportunity to contribute again this year.

53 Properties Visited and $1,515 Raised During the Gobble Trot Kickoff Parade!

#FoodDrive2020 #AAARiseTogether #MutifamilyStrong

#FoodDriveKickoffFlashbacks

2017

2018

2018

2019

2015

2020 / SEPTEMBER - OCTOBER /

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Business EXCHANGE V IR T UA L , August 11 and August 18, 2020

Thank you to all of the owners, management companies and suppliers that participated in our first virtual event of 2020! This event supported the National Apartment Association Political Action Committee (NAAPAC). NAAPAC is an essential arm of the NAA’s advocacy on behalf of the apartment industry. All funds raised will be used to the betterment of our industry. For more information about NAAPAC visit www.NAAHQ.org.

Participating Owner & Management Companies – Thank you!

Belco Equities, Inc Capstone Real Estate Services, Inc CREA Management Greystar Metric Property Management Pinnacle Roscoe Properties Shippy Properties Weinstein Properties

Thanks to Our Business Exchange Sponsors: Danielle Berryann, Hire Priority; Ashtynn Bennett, Steam Team; Dylan Terry, Texas Materials

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Apartment Recycling Increases Multifamily recycling requirements are increasing on October 1, 2020 to: • 24 gallons of recycling per unit per week OR • equal capacity for recycling and landfill trash Contact your hauler to update your recycling service.

The City of Austin requires all multifamily owners/managers to provide convenient access to recycling for tenants and employees. New requirements take effect October 1, 2020.

Learn more at

AustinTexas.gov/UROMultiFamily

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2020 / SEPTEMBER - OCTOBER /

23

Committee

CHAT

DOC & GAYLE YOUNG FOOD DRIVE COMMITTEE

Paige Russell

Paige Russell of CREA Management Terri Needham of PS Landscapes Taryn Merrill of Greystar

Terri Needham

THIS MONTH, WE FEATURE THE DOC & GAYLE YOUNG FOOD DRIVE COMMITTEE.

This volunteer-driven committee begins fundraising efforts in August and ends in mid-November. Since the beginning in 1986, the funds raised have been used to purchase Thanksgiving food packs for Central Texans in our 11-county jurisdiction and hand deliver them to the Housing Authority of Central Austin (HACA), Texas Department of Protective and Regulatory Services Rainbow Room, SAFE Austin, and Foundation Communities on the Tuesday before Thanksgiving.

This year, due to COVID-19, we are donating all funds raised to our four partner organizations (listed above) as well as the Central Texas Food bank. ​While 2020 may look a little different, we still need your support... now, more than ever! Please donate online or volunteer to help with our fundraising efforts. 100% of collected funds go toward feeding needy families and individuals in Austin and surrounding areas.

TN: All the people I work with every day.

TM: I love the people, whether it be my FOOD DRIVE COMMITTEE IS LED BY: residents, team members, clients, leadPaige Russell of CREA Management ership, or suppliers. In our industry I Terri Needham of PS Landscapes believe you genuinely have to love and Taryn Merrill of Greystar enjoy people to get the most fulfillment out of your career.

Tell us about where you work and how long you’ve been there?

PR: In January of 2020 I became the Director of Talent & Development for CREA Management. I’ve always loved helping with training associates and now its my career!

TN: P.S. Landscapes, Inc. – 15-yrs TM: I currently work for Greystar as a Senior Community Manager at Residences at The Triangle and I’ve been with the company for just a little over 2 years now.

What do you love most about your job?

PR: Every day is different! It’s never boring!

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Tayrn Merrill TM: I began back when NextGen began but then stepped away from the Association for a few years but made my way back around about 3 years ago and jumped in with both feet and have loved every minute of it.

How did you get involved with the association?

PR: The first committee I joined was Education back in 1995. My manager at the time encouraged me to get continuing education and I was hooked after a few meetings!

TN: I called and “asked” if I could be a member! The rest is history…

TM: When NextGen began, Josh Nichols invited me in and I was hooked!

What do you like most about AAA? PR: Networking! The relationships you build are for a lifetime and they help you both professionally and personally.

TN: Joining AAA did not only help me professionally to succeed, it also allowed me to make lifelong friends that I consider family.

TM: The camaraderie. Everyone who I have encountered have basically become my extended family and have found people who are passionate about their career, the association, and their family, which are all things I love.

How long have you been involved?

PR: Since 1995 TN: I joined in 2010.

What do you like most about being a committee chair?

PR: The feeling that I am truly involved

and helping for the greater good of the Association.

TN: I enjoy giving my time and like being involved.

TM: I enjoy being able to listen to committee members and make a change that they want to see while implementing new ideas that come from such a collaborative environment.

What was your first job?

PR: Cashier at Little Caesars Pizza TN: I worked at Seton Medical Center as a candy striper.

TM: I worked at American Eagle from the moment I turned 16. I am a master clothes folder.

What was your favorite school subject?

PR: Anything Science related TN: History/Social Studies TM: History and I loved it so much I received my undergrad degree in it!

Geography was a close second, but I think they go hand in hand.

What inspires you?

PR: Being appreciated by someone for a job well done or an act of service.

TN: To be able to do for others TM: If you haven’t picked up on it yet, it’s people. Traveling and meeting new people to learn more about anything really fills my bucket. I love listening to someone and hear a new perspective or idea and feel my brain expand and tingle.

What is your leadership style?

PR: Coaching TN: Not sure how to categorize this, but as a Leader/Manager, I would never ask someone to do something that I wouldn’t do myself.

TM: I pull a lot of inspiration of my leadership style from the way the Disney Company is ran. In grad school, I took a class on Leadership Development and read, “Creating the Magic” by Lee Cockerell, who was an Exec VP of the Disney Company. He truly believed in putting people first and that leadership at the top was to support the front lines to empower and be there for them versus the other way around.

What do you do in your free time?

PR: Cook for family/friends and enjoy the outdoors TN: Spend as much time as possible on the lake.

TM: Anyone who knows me knows it is traveling. I try to see as much of the world and meet as many people with

different experiences and perspectives as I can.

Which movie or TV character are you most like?

PR: No idea TN: Olivia – Law and Order SVU TM: My dramatics and theatrics are most closely similar to Moira Rose from Schitts Creek.

What is your favorite Drink?

PR: Wine or Coconut LaCroix TN: Coffee/Tea…… Old Fashion/Margarita/Beer (do I have to have just one???)

TM: This is so blasphemous but I absolutely love UNsweet tea. I know, I know.

Where were you born?

PR: Beaumont, TX-the armpit of the US (so humid)…hahaha TN: Austin TM: The Edna Gladney Adoption Center in Fort Worth, Texas.

What is your favorite family tradition?

PR: I have 2: New Years day PJs, brunch and movies and Night before Halloween pumpkin carving and chili night!

TN: Christmas Eve TM: Ah man, I am slightly embarrassed to say that we don’t have any family traditions.

What is your favorite thing about Austin, TX? PR: The vast things you can do all in one day…once we had soccer games in the am, headed to the lake for the afternoon and then attended ACL in the evening…what a day!!!

TN: Lake Travis TM: My favorite thing about Austin has been watching it grow and find its identity coming from a smaller city to a global hub.

What is your favorite AAA Event?

PR: Cool down at the Salt Lick or Fall Fest… can’t remember the name these days.

TN: Holiday Gala TM: That’s a hard one because they are all so great and so different! However, if I HAD to choose just one it would have to be Food Drive Delivery Day. Working together with everyone to deliver meals across Austin is so humbling and gratifying to know that you have made a huge impact in someone’s life.

What would your super power be?

PR: Teleportation- get to anywhere quickly.

TN: To see into the future TM: 100% be a time traveler What would people be surprised to know about me?

PR: My husband and I rode Harley’s and attended many rallies prior to our kids being born!

TN: I love to listen and dance to “old” country music.

TM: Any food that is circular in shape, I will eat in a circular manner, i.e. pancakes, burgers - I eat the edges and then work my way in. If that makes any sense.

If you were shipwrecked on a deserted Island, and all your human needs – such as food and water – were taken care of, what two items would you want to have with you?

PR: Sunblock and a Raft TN: My cat and a phone that worked so I could stay in touch, or not.

TM: A solar powered satellite radio because I have to have music, and sunscreen because I am assuming I am shipwrecked in the Caribbean and I’d have my luggage because obviously I was on a 3 hour tour.

If someone wrote a biography about you, what do you think the title would be?

PR: Hold On, Let Me Overthink it!

TN: She Cared.

TM: Well, That Wasn’t What I Had Planned: Precious and Personal Anecdotes of a Woman Who Doddled.

MORE ABOUT FOOD DRIVE COMMITTEE When do they meet?

Meet weekly from August through mid-November Who can join?

All members! This is open to suppliers, owners, and management company members.

How to join?

Contact the Committee Chairs or Staff Liaison to obtain the meeting schedule.

Join anytime throughout the year.

Staff Liaison: Amber Collins, Director of Marketing & Communications, amber@austinaptassoc.com, direct (737) 300-1101

To find out more, contact Amber Collins at amber@austinaptassoc.com

2020 / SEPTEMBER - OCTOBER /

25

Marketing Your Business During a Crisis:

The Top Do’s and Don’ts

By Ashley Tyndall, CriterionB

Ever hear of the French highwire artist who successfully tightrope walked between the Twin Towers back in the 1970s?

Well, marketing your business during a crisis is a lot like that — a careful balancing act.

Luckily, just like the 400-meter high tightrope walk, it is highly possible to be successful.

When the fabric of society changes, it’s easy to begin tip-toeing on social media and experience hesitation when moving forward with a marketing plan. It’s a tricky conundrum between not wanting to seem insensitive but also not allowing your business’s growth to halt.

We recommend your strategy aim for the sweet spot in the middle.

To help, here are the top dos and don’ts of crisis marketing:

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The DO’s of Crisis Marketing Overall, we do not recommend that you put your foot on the break with your marketing, but rather switch gears.

DO: Employ Empathetic Marketing While empathetic marketing should always be a component of your messaging, during a crisis it should be at the forefront of your strategy. You want to resist alienating your audience by seeming insensitive to what’s going on.

Empathy-based marketing is understanding the emotional needs and motivations of your customers and aligning your plan to meet them.

During a crisis, you and your team are likely experiencing the same exact things that your customers are, so there’s no need to “imagine” walking in their shoes. You know exactly how they feel. Consider what content you would want to see from brands you follow. What language would you find insensitive? What offers would you like to see from a business you support?

This is exactly how we approached a new marketing strategy for one of our multifamily clients recently. Rather than continuing to promote their online reputation management tool, we decided that property managers, their target audience, would find positive stories about acts of kindness between properties and residents to be most beneficial. This was information that property managers could take and implement at their respective properties. We titled this campaign #CommunityKindness and since its launch a month ago, we have experienced a 58% increase in email subscribers and a 112% increase in the likes, comments, and shares of our social content.

DO: Share Business Updates Even during times of a crisis, it’s important to keep your customers up to date with any changes to your business. Whether it’s a change in operating hours, shipping time, product offering, or purchase process, it’s important to let your audience know.

As well, we encourage you to share anything your business may be doing to support consumers, especially those directly being affected by the pandemic.

DO: Offer Specific Deals When it comes to offering sales during a crisis, it’s all about the consumer’s perception. Obviously, the goal of making a profit will always be clear to your audience; there’s no hiding that. However, if the consumer can perceive your offer, sale, or deal as helpful rather than simply a ploy to push product, then that’s a success.

If you are offering a sale or discount, keep from talking about it in all of your posts. During a pandemic, there may be a portion of your audience who are looking to engage in making purchases, but there are may also be many who are struggling with finances. It is important to maintain balance.

The DONT’s of Crisis Marketing The main aspect of traditional marketing to stay away from during a crisis is consistent product/service promotion. The general rule of thumb we follow with our clients during a crisis is 20% promotional content and 80% helpful or relevant content.

Here are a few other don’ts in crisis marketing:

DON’T: Fall Into Copying or Cliches Feel free to follow good examples other businesses are setting, but be sure to construct your own marketing approach for your brand and your distinct target audience. Over the years, you’ve probably conducted tedious research into your target audience. Use that knowledge and don’t be afraid to reach out to your customers to learn more during this time.

If you copy what other brands are doing, it will come off as insincere.

Similarly, resist using cliche language that many businesses fall trap to during times of crisis. These cliches are often vague, such as, “In times like this” or “We’re all in this together.” Instead, use language that conveys what your business is doing to help others and be more direct with your marketing.

DON’T: Ignore the Situation Being completely silent is not the answer and neither is continuing on “business as usual.”

Your audience will notice this and it will leave a sour taste in their mouths when they think of your business in years to come. Consumers remember how brands respond in times of difficulty. In fact, in a recent study done by GfK, 73% of consumers say the way companies act during crisis will affect future purchase decisions.

It is important to address the current situation and show your understanding yet also push on forward.

No Perfect Solution When it comes to marketing during a crisis, there is no perfect solution, there is no perfect strategy.

If you make a mistake with your strategy and messaging, don’t hesitate to apologize for it. The quicker you do, the quicker you can continue to engage with your audience on a positive and productive basis.

The goal of marketing during a crisis is to build a good rapport with your customers that you can continue to grow for years to come.

2020 / SEPTEMBER - OCTOBER /

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Property of the Year Finalists

20 20 P E A R L AWA R D

(Lease-up Property Award) Affordable and mid/high-rise not included in this category) A ny property that is less than 12 months old, either at the time of nomination, or within one year of 1st move in at time of nomination.

Altair Tech Ridge, Roscoe Properties Copeland, Roscoe Properties The Ridge at Headwaters, Greystar At Copeland, our spectacular customer service really sets us apart. We personally call to check in and hand write notes.

Our maintenance team also completes work order follow up calls after completing work orders to answer any questions and to ensure our residents are happy with the work provided. We are very active on our social media platforms! The Copeland has almost 700 followers on Instagram - we strive to keep our current residents engaged and up to date, while capturing our prospects attention inviting them to come and live here! We create a community here at The Copeland through resident events. We get feed back on what our residents like and make sure to keep a variety of events to accommodate everyone!

The Ridge at Headwaters team has a great advantage, as we all live in Dripping Springs. We live and breathe the Dripping Springs lifestyle, and you won’t meet a team more passionate about this area. We believe this is how we were able to lease an entire building before we were even in our offices. We have strived from the very beginning, even during construction, to ensure that everyone has the best idea of what their new home will look like, and where it would be located.

We take the time to really find what makes our future residents feel at home and narrow down their needs to find their dream apartment home. And in doing so, we would go the extra mile to take photos of their future home, of their view and our community amenities, and shared

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The Austin Apartment Association proudly announces the finalists for the 2020 Property of the Year Awards. Winners will be announced at the NEW APEX Awards event to be held VIRTUALLY in conjunction with the Professional of the Year Awards – on December 3, 2020.

This year, we asked our finalists to list specific examples of unique things that make them stand out against their competition.

those with them, so they would feel like they were home. We strive to stand out each and every day, by offering exceptional customer service, being there for our residents, and truly loving the property, which people love to see.

T O PA Z AWA R D

(Mid/High-Rise) Any property that has 9 or less residential floors, has interior corridors, elevators and parking garage.

7East, Greystar FLORA Luxury Apartments, JCI Residential The Kenzie at the Domain, Greystar 7East has grown into the epitome of Eastside Austin living. With so many comps, our team knows that in order to truly stand out, there has to be a genuine care for our residents. The team also recognizes that one must take pride in their work and be committed to nothing short of excellence. Team members go the extra mile as residents, monitoring the breezeways, common areas, and dog park on or off the clock. Both team members have made themselves available to solve after-hour non-emergency issues, with no complaints. One team member even went above and beyond to make an afterhours move in happen when a new 7East resident’s flight was delayed arriving to Austin for the first time.

At Flora, we approach every prospect or resident as a friend. We show interest in their lives and gather specific information that personalizes our interactions with each of them. In a mid-rise community, it can feel like a hotel at times. As such, we like to keep various items in our office such as; salt, pepper, small tools, measuring tape and a dolly that residents might find themselves needing. We enjoy having these items available and ready to run up to their apartments. We are big on supporting local businesses. When one of our residents owes or works for a small or

local business, we like to advertise their businesses in our resident flyers and on social media platforms to help them gain more exposer.

If you miss the bright orange tiles on the exterior of The Kenzie at The Domain, you won’t forget our captivating infinity pool or our swoon-worthy customer service. We also offer complimentary fitness classes for residents seven days a week, a coffee bar that is open 24 hours a day, an Instacart fridge that is always accessible, laundry service that picks up and delivers multiple times a week super-fast access gate and online permit registration system. Our two bedroom, fully-furnished guest suite is open yearround as a cozy space for visiting guests of our residents. We host at least three events per month and build relationships with neighboring businesses that give our residents discounts off services from local businesses or from nearby restaurants.

C RYS TA L AWA R D

(Mid/High-Rise) Any property that has 10+ residential floors, has interior corridors, elevators and parking garage.

The Bowie, Pinnacle The Catherine, Christopher Commercial Whitley, Greystar The Bowie’s location may initially draw people in, but combined with our 24-hour concierge services, guest suite accessibility, high-end finishes, picturesque views, and record-breaking amenities our residents are delighted to call The Bowie Home! Pre-COVID, the Bowie offered all day access to the coffee and refreshment bar, state of the art fitness center, beautiful clubroom connected to an expansive deck with views that span from Zilker to the UT Tower, 10th floor dog park, and the highest heated pool in the city.

Community Customer Service is a major factor of our daily operations at The

Catherine Tower. Specifically, throughout this terrible pandemic. To assist residents as best as we could during the COVID-19 we began delivering resident packages to their unit directly. We also worked with local Austin vendor to have food trucks stop by weekly for those working from home.

Whitley dedicates eleven of its sixteen floors to apartment residents offering studio, one- and two-bedroom designs.

On the sixth floor you will find our serene waterfall on the urban sundeck overlooking the stunning Austin skyline. Take a dip in the pool, lounge at the outdoor fire pit, host a dinner party in the aqua lounge kitchen, or clear your mind on the fitness center terrace. Whitley achieved Silver LEED® Certification, so our apartment homes not only bring harmony to your ecological conscience but are designed meticulously with all the details you will be proud to call home.

E M E R A L D AWA R D 50 -299

(50 – 299 Units) Any garden-style property with four stories or fewer and surface parking built between 2010 and 2018 Hays Junction, Roscoe Properties The Green at Plum Creek, Embrey Management Services The Sarah, Carroll Management Group Our team at Hays Junction reaches out to all prospects by phone before each visit.

We want to make a connection so each person feels like they matter. We ask prospects to follow us on Instagram before visiting for 2 reasons. First, we want them to see what it would be like to live at Hays Junction. Second, we want to be able to connect with them during the tour.

We either do a video chat or phone call as the prospect walks through a model home. We invite prospects to check out one of our resident events before moving in also to get a sense of everything we offer at Hays Junction.

In addition to the 5-Star Amenities, efficient completion of maintenance requests and the upkeep of our beautifully landscaped grounds, The Green at Plum Creek provides additional resident perks, such as monthly golf course passes to the Plum Creek Golf Course and a Full Car Care package including complimentary EV charging stations, car wash passes and roadside assistance.

We are also actively involved in supporting the local City of Kyle community with a “Live Here, Give Here” initiative, with our annual Bowling for Backpacks/Back to School Supply Drive, collecting over 1000 items in 2019 in support of Hays CISD students and teachers. We also host an Angel Tree each year to collect

holiday gifts for under privileged local children. We are more than just a place to call home. Our team is empowered by our ownership to make a difference in our local community.

At The Sarah, we engage with our residents and prospects through social media.

We develop relationships where we strive to serve and provide the best customer service experience to everyone we come into contact with.

E M E R A L D AWA R D 30 0+

(300 + units) Any garden-style property with four stories or fewer built between 2010 and 2018.

Bexley at Whitestone, Weinstein Properties Century Travesia, First Communities Pearl Lantana, Morgan Group At Bexley at Whitestone, we believe in turning the conversation into an experience, taking detailed notes during the initial interaction, and reiterating that information when following up.

We are sure to mention items the prospect mentioned being really important to them, and even sometimes the little things. For example: I had a prospect state that they loved to enjoy their morning coffee on the patio/balcony and listen to the birds chirp… that it really helped them relax and get ready for the day. When I followed up, I was sure to include that the apartment I was discussing had some great mature trees nearby so they could have their morning coffee and relax. I would hope this would show the prospect that we really were listening to what they were interested in.

What really sets Century Travesia apart from all other properties is our outstanding team. Each team member has a distinct, individual, and creative approach in assuring our residents have the best experience and atmosphere. The confidence our company has in our staff is quite evident as we are a pilot property for all new company incentives. We have a Community Manager Trainer, Assistant Manager Trainer, and a Leasing Professional Trainer all in our office, and we travel to help other properties in need of direction or new properties that are just starting out.

The team at Pearl Lantana set themselves apart when it comes to their social media presence as well as their online reviews and surveys. Social media is completely managed at the site level with primary social media outlets being Facebook and excel at Instagram stories featuring not just apartment community specific posts but also posts related to the surrounding area, businesses and events.

The team is now learning to also incorpo-

rate TikTok into their social media strategy. Posts are very fun and engaging with the majority of the content created by the Pearl Lantana team, including resident contests, fun videos of staff and events.

D I A M O N D AWA R D 50 -299

(50-299 units) Built between 2000 and 2009

5th Street Commons, Greystar AMLI Eastside, AMLI The Vue, Presidium Property Management At 5th Street Commons, our team is what really sets us apart! We developed a collaborative greeting method, where one of our team members stands up to welcome any new prospect or a resident that walks into our leasing office, and that team member then takes them around the office introducing them to every single team member working that day. While on tour, we also introduce them to any resident and service team members that we see along the way. It’s a small way to make a BIG impact.

The AMLI Eastside team has made personal growth a priority this year.

We have multiple employees who have achieved or are currently working to achieve certifications. All employees have participated in educational opportunities and at least twice per year we discuss team members long term goals and the steps needed to accomplish them.

At The Vue, we strongly believe the best way to stand out, is to provide an exceptional living experience with an emphasis on our community member’s specific and individual needs. Our team consistently works towards educating ourselves with innovative ways to get to know and stay engaged with our community members; From exciting community events, friendly visits to our office and coffee bar, to walking our community and speaking face to face with our community members.

D I A M O N D AWA R D 30 0+

(300+ units) Built between 2000 and 2009 Alister Balcones, Mill Creek Residential Trust Ellie, Roscoe Properties Waters at Bluff Springs, Atlantic Housing Management

As we know everyone does resident events, the Alister Balcones team takes it up a notch! “Breakfast On The Go” is truly “On The Go” by not leaving your vehicle for a morning treat! We provide personal hand towels while working out in our fitness center! Our customer service starts when you tour and continues through until day of move out.

At Ellie, we create a personal touch/relationship, making a difference in our residents’ lives and keeping them engaged. We

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always listen and ask questions to rectify any issues that arise and make communication a core competency.

At Waters at Bluff Springs, we are committed to supporting each other to achieve specific goals, to continuous education and improvement, and to our mission of improving residents’ lives. We promptly respond to resident requests with urgency and professionalism, anticipating residents’ needs. By this approach we have maintained over 60% annual retention.

We offer exceptional resident services and after school programs, and often step outside our typical roles to accomplish a goal. Response shows an upward trend across platforms 1/20 - 6/20 Google reviews increased from 4.3% to 4.4%. FB recommendations increased from 3.8 to 4.0. Yelp ratings increased from 3.5 to 4.0.

Apartments.com maintained 4.0 rating.

SA P P H I R E AWA R D 50 -299

(50-299 units) Built between 1990 and 1999 Belara Apartments, Roscoe Properties Creekstone Apartment Homes, Greystar Montelena, Greystar Regal Parc Apartments, Greystar

The Belara team stands out against competition with creative resident event, such as Pet Portraits and Ice Cream Sundae Bars. We also have hosted numerous Instagram contests featuring great giveaways. Our overall average review rating is 4/5.

Creekstone is at the crossroads of casual living and true Austin charm. Tucked away in the Walnut Creek business park, Creekstone is conveniently located near many of Austin’s major highways including IH 35, Mopac, 183 and the SH I30 toll road. Creekstone’s team values the importance of being a part of a community and focuses on making sure that is a top priority with current/prospective residents as well as vendors and local businesses.

At Montelena, we work closely with our amazing Round Rock schools and have been able to organize consistent afterschool and weekend on-site tutoring opportunities as well being a free lunch distribution location. Our team focuses on getting to know our residents, being on a first name basis with our two and fourlegged neighbors. To encourage socialization, we maintain a beverage bar with many options and pets treats. Our team offers monthly resident functions, such as movies night in our theater, pet costume contests, holiday themed patio decor contests and hand signed birthday cards.

At Regal Parc, outreach marketing is a top priority, and on a weekly basis we get out in the community and connect with

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the local businesses. In doing so, we have created a Perks program exclusive to our residents offering special discounts. We are also a proud sponsor of our neighboring Reed Elementary whom we partner with and are a part of the annual spring carnival. Our Regal team interacts with the students and volunteers their time handing out flyers, candy and playing games. We’ve also worked closely with the school to create an easy access gate for the students to the have passage to the community to avoid an hour-long bus ride.

SA P P H I R E AWA R D 30 0+

(300+ units) Built between 1990 and 1999 Folio, Greystar Mesa Verde, Greystar The Village at Gracy Farms, Greystar The Folio team acknowledges the importance of community and engaging with our residents by creating a neighborly environment. For example, we have an annual Cupid’s Couples party where residents play dating games and throughout the year, we partner with Gym Studios to provide yoga by the pool for our residents. Most recently, we have pivoted to virtual events such a virtual cooking class, virtual movie nights, and food trucks to promote social distancing. In addition, we have added enclosed yards so residents can enjoy an extended space for themselves and their furry loved ones. Folio being a pet friendly community and with few competitors with enclosed yards, we saw an opportunity to continue to enhance our residents living experience.

In addition to its’ Tuscan inspired landscapes and impeccable Domain centric location, The Mesa Verde team is customer focused and you feel this as soon as you step foot inside. They strives to go above and beyond on a daily basis by consistently connecting with each and every resident on a first name basis. It is all in the details at Mesa Verde, as each new resident is professionally introduced the Community Manager with a personalized greeting as part of the move in experience. During the interaction, the Community Manager makes it a point to personally invite them to one of the many upcoming thoughtfully crafted resident events. The Mesa Verde experience is incomparable and this is what establishes the community as the leader of the pack!

With being limited on having in person tours, we at wanted to ensure that the Village at Gracy Farms prospects still had a welcoming experience, so we created a tour folder specifically addressed to them with a written guide including floor plans, property map, area details, and a personal message from their leasing professional.

RU BY AWA R D 50 -299

(50-299 units) Built prior to 1989

Mesh Apartments, Roscoe Properties South Lamar Village, Greystar The Ivy, Roscoe Properties Villas of La Costa, Belco Equities, Inc.

We as the staff at Mesh strive to give the best customer service. We strive to be very professional and exceed our clients needs.

South Lamar Village offers every resident a completely renovated apartment home, allowing us to remain competitive against the nearby luxury Class A properties in our sub-market. Our renovations are consistent throughout the apartment – granite counters are installed in the kitchen and bathrooms, brand new cabinets are provided instead of simply painting existing cabinets, and a washer/ dryer is included in every home. Situated across three acres, South Lamar Village is an outdoor paradise in the midst of the urban South Lamar neighborhood. Our large grassy knolls and mature oak trees provide a peaceful environment for residents to walk their dogs, sunbathe, or picnic. Shaded hammocks, multiple picnic and grilling stations, and tree-lined paths emphasize our park-like setting.

What makes The Ivy stand out is our amazing onsite team and the amazing support we have from Ownership. Not only does our team go above and beyond in customer service with our customers, we also do that with our competitors and vendors. For example, we hired a food truck to come and serve dinner to our residents during COVID-19, and it was a great turnout. What set us apart from the rest – we crafted a personal “Thank You” card to all of our residents, put it in each dinner bag, and our service and leasing team delivered dinner to every single door. We wanted our residents to have an afternoon off, no cooking, and no need to run out of the house. Additionally, we offer rotating food truck visits to the community once a week. And we did not forget about fitness! We also offer our residents at home virtual work outs, 20% off food prep meals, and free delivery.

At Villas of La Costa, we are consistently proactive with preventative maintenance in resident’s homes, grounds, and amenities. Our staff aims to be as transparent and communicative as possible when working with prospects and residents to build trust in our team.

We focus on anticipating the needs of prospects and residents. We encourage resident engagement by hosting resident events throughout the year. Our goal is to not only foster the relationship between our staff and residents, but also among residents and their neighbors. At our last resident event, we also incorpo-

rated a canned food drive, and donated all proceeds to the Central Texas Food Bank.

The Residential Perimeter Security Specialists

RU BY AWA R D 30 0+

(300+ units) Built prior to 1989

Balcones Club, Presidium Property Mangement Skyline at Barton Creek, Roscoe Properties Solaris, Presidium Property Management

Balcones Club understands the importance of team development. One unique way we have developed our team is through “creative thinking” sessions which foster new ideas and ways of enhancement. Together, we come up with effective and creative solutions to overcome our daily challenges and provide each team member an opportunity to speak and share their ideas. We strongly feel that team members who feel valued are more engaged. Another unique way we develop our team is through independent research that we share with the team, webinars, classes through the Austin Apartment Association, obtaining additional certifications and by reading and discussing books such as Legendary Service.

One thing that truly makes the Skyline at Barton Creek team stand out against our competition is our resident events. We take great pride and find genuine excitement in planning our resident events and building a real sense of community for our residents. These events have ranged from crawfish boils, movie nights, and 101X hosting a DJ at our pool, to candle making parties and happy hours at local restaurants. We even hosted a dodgeball tournament with our staff participating as referees and players! Our team really takes the time to listen to feedback from residents and gage what they would be most excited to participate in. Many of our residents are new to Austin and don’t yet know many people in Austin so our events are the perfect chance for them to meet neighbors! We have had countless residents thank us for the time, effort, and detail we put into planning our resident events and we really appreciate this heartwarming feedback and use it to inspire our future events!

The Solaris team was built on a foundation of inclusiveness, transparency, and respect. These core values not only shape how we interact with our community but also shapes how we approach our future endeavors. Our team strives to be a positive inf luence by supporting local organizations and events as a way to give back and continuously grow our community. The Solaris team is continuously searching for and imple-

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menting genuine and innovative ways to provide the best living experience to our residents. Solaris also participates in Austin Creative Alliance and Friends of Riverside Neighborhood Association to stay intricately involved with our ever-changing surrounding community.

O N Y X AWA R D

(Renovation Award) Any property with renovations having been done within the last three calendar years. Property must meet both interior and amenity renovations as identified.

AMLI South Shore, AMLI Establishment, Roscoe Properties Toscana, Greystar At AMLI South Shore, we provide selfguided tours that allow personal space and flexibility, integral to our business during COVID-19 restrictions with 40 leases in May 2020. We offer accessible services through (services company). We have touchless move-in with Latch 100% digital access and FaceTime/Zoom video orientation, as well as self-service/DIY routine preventive maintenance utilizing a grab-

and-go station, live Video tutorials and inspections, and photo documentation.

Establishment has always offered great resident events, but we offered one during COVID 19 that we will never forget. We hosted a “Concert on your Patio”. The lead singer of SUEDE, Robert Wagner, performed for our residents while they stayed on their patios to enjoy the entertainment. We spaced out some tables and chairs 6 feet apart for everyone else to enjoy while remaining socially distant.

We offered food from a neighborhood food truck and drinks. We shared it on Facebook LIVE and our residents absolutely loved it. The event gave our residents some normalcy and peace during this unique COVID time. It was also great to be able to support our local musicians and restaurants.

The last year at Toscana has provided an entirely new set of challenges in operations as it relates to COVID and our $7.2MM property-wide renovations and reposition. Our team has creatively overcome resident buildings being covered in scaffolding, ongoing construction

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from dawn to dusk, lack of access to amenities, and adjusted resident services. Through this time, we have added virtual fitness classes, secured neighborhood gym memberships, pool day sneak peeks, online resident events, courtyard concerts, food truck visits, and have made our customer service the number one priority day in and day out.

VIRTUAL

O PA L AWA R D

(Active Adult/55+) NEW CL ASSIFICATION 85% of residents must meet minimum age requirement of 55+.

Overture Arboretum, Greystar Overture Domain, Greystar The Overture Arboretum team is one successful and powerful force. Since we are an age restricted community, it is common that the reason a prospect first walks in our door is due to a life changing experience. We handle these life situations with gentle loving care and show them grace. They are often so overwhelmed they tell us they just don’t know where to start. We provide resources to help them every step of the way, including partnering with providers that will prepare their home to market it including repairs, purchase the home if it does not sell and even pack and move them to our community. We have become downsizing experts and show care and compassion. We guide our prospects through the process of finding their new apartment home. We realize that it is imperative they feel warm and welcome as we wrap our arms around them as they embrace their new endeavor and trust the magic of new beginnings.

Here at Overture Domain we offer the community feeling of being part of an amazing family who cares and supports each other through it all.

We love to extend a stay in a Guest Suite so that the prospect(s) can see what a day or two is like at Overture Domain. One of our biggest amenities are the residents themselves. The prospects are offered the opportunity to attend one of the many resident events we offer such as happy hours, music by the pool, or murder mystery dinners which inevitably allows them to meet many of our wonderful residents, creating new friendships and connections. Ultimately this leads to the prospect becoming a new member of the Overture Domain family.

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Education

OPPORTUNITIES YOUR CHANCE TO GROW AND LEARN Visit austinaptassoc.com/education for more class info and to register.

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8:30 a.m. – Noon Presented by Bill Warren, Warren Law Firm AAA – 8620 Burnet Rd., #475 $80 per AAA member$70 early bird rate!

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Presented by Bill Warren, Warren Law Firm $234 per AAA member $140 to add Redbook to registration CECs: 5 Sharpen your knowledge of your legal rights and responsibilities as a rental housing owner or manager by

participating in one of the REDBOOK seminars being offered by AAA in Austin in 2020. Continuing Education Credits: You must be present for your entire session. Course is approved for Five (5) NAA/CEC credits. If you need TREC credits, please contact AAA to be redirected to a qualifying virtual Redbook event.

The ever-changing situation with the COVID-19 pandemic continues to impact Education. Several topics will still be covered in the coming months, either live in-person, or virtually. Please refer to the education calendar at: http://bit.ly/AAAEducationCalendar for dates and times of upcoming education.

Topics planned for the rest of 2020: Topic Presenting Your Best Self Maintenance for Managers Evictions Assistant Managers Wear All the Hats Assistant Manager Best Practices: Delinquency & Collections So You Want to Be a Manager Difficult Conversations Time Management & Preventative Maintenance What Fair Housing Means for Maintenance and Resident Relations Leasing 102 – Show Me the Money Leasing Bootcamp

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LAW IN ORDER

The Warren Report CALLING OUT THE DISHONEST INTERNET PEDDLERS

By William S. Warren, Warren Law Firm

L

The announcement of the HUD Guidance, said Secretary Carson, responds to the ambiguity surrounding proper documentation for assistance animals.

38

ately it seems everything is coming up COVID. There has not been a great deal of optimism in the multi-family industry, to say the least. Yet at the end of January 2020, we were presented with some good news. It came from HUD no less.

On January 28, 2020 HUD issued FHEO-2020-01. The HUD Public Affairs Office calls it a guidance clarifying how housing providers can comply with the Fair Housing Act when assessing a person’s request to have an animal in housing to provide assistance because of a disability. For purposes of this article, let’s refer to it as the HUD Guidance. Its twofold purpose, said HUD Secretary Ben Carson, was to provide peace of mind to individuals with disabilities, while also taking into account the concerns of housing providers.

The announcement of the HUD Guidance, said Secretary Carson, responds to the ambiguity surrounding proper documentation for assistance animals. According to HUD, its latest guidance provides information regard-

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ing the reliability of documentation of either a disability, or a disability-related need for an animal, that is obtained from third parties. Internet-based services offering animal certifications or registrations for purchase are specifically addressed in the HUD Guidance.

We are discussing animals, so pardon the forced reference to horse-riding from an old black and white cowboy western, but “Whoa Nellie!” A neutral focus by HUD on service animal documentation purchased on the internet? This is headline grabbing news! Let us explore …

As of January 28, 2020, FHA complaints concerning denial of reasonable accommodations and disability access comprised almost 60% of all FHA complaints; and those involving requests for reasonable accommodations for assistance animals have significantly increased. Such complaints are now one of the most common types of fair housing complaints that HUD receives.

According to the HUD Guidance, most HUD charges of discrimination against a housing provider, following a full investigation, involved the denial of

William S. Warren, Warren Law Firm

a reasonable accommodation to a person who has a physical or mental disability that the housing provider cannot readily observe.

The HUD Guidance is being provided, it states, “… to help housing providers distinguish between a person with a non-obvious disability, who has a legitimate need for an assistance animal, and a person without a disability, who simply wants to have a pet or avoid the costs and limitations imposed by a housing provider’s pet policies, such as pet fees or deposits.”

The mere fact that HUD is now recognizing the gamesmanship which often surrounds requests for service or assistance animals is enormous!

The HUD Guidance may, if properly implemented, remove the adverse consequences to a property owner or manager who pursues a factually warranted “pushback” against an accommodation request supported primarily by clearly dishonest if not fraudulent documentation.

The HUD Guidance points out there are two types of assistance animals: (1) service animals, and (2) other animals that do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for individuals with disabilities.

This is a broad definition. Yet HUD confirms that an animal that does not qualify as an assistance animal under (1) or (2) above is a pet for purposes of the FHA. As such it may be treated as a pet for purposes of the lease, and the

shutterstock

housing provider’s rules and policies.

HUD also confirms that a housing provider may exclude, or charge a fee or deposit for pets, in its discretion and subject to local law. It may not do so, however, for service animals or other assistance animals.

On April 25, 2013, nearly seven years prior, HUD issued its Notice No. FHEO-2013-01. Its subject was “Service Animals and Assistance Animals for People with Disabilities in Housing”. The purpose of HUD’s 2013 notice was to explain certain obligations of housing providers under the FHA with respect to animals that provide assistance to individuals with disabilities.

Supported by HUD’s 2013 notice, No. FHEO-2013-01, the law of the land generally prohibited a housing provider from asking a tenant or applicant to provide meaningful documentation showing either the disability, or the disability-related need for an assistance animal. HUD’s 2013 notice also stated that a housing provider may not ask an applicant or tenant to provide access to medical records or medical providers or provide detailed or extensive information or documentation of a person’s physical or mental impairments.

In 2013, therefore, HUD set housing providers adrift in a boat without a paddle.

That has finally begun to change. The January 28, 2020 HUD Guidance replaced HUD Notice No. FHEO-2013-01, which had been the controlling HUD document on a housing provider’s obligations regarding service animals and assistance animals for seven years. Not just a paddle, but oars as well have now been provided for that drifting boat!

In HUD’s new 2020 guidance, HUD immediately created potential downside for an applicant or resident who less than truthfully seeks an accommodation for an animal. Here is how. The HUD Guidance states that “… a housing provider, at its discretion, may make the truth and accuracy of information, provided during the [ac-

commodation request pertaining to an animal] process, part of the representations made by the tenant under a lease or similar housing agreement, to the extent that the lease or agreement requires the truth and accuracy of other material information….”

What does this somewhat convoluted statement mean? Let’s focus on Texas and the TAA for an example. In TAA’s Rental Application for Residents and Occupants, there is an acknowledgment on the last page which reads, in pertinent part, as follows: “you declare that all your statements in this application are true and complete... You authorize us to verify your information through any means... You understand

that if you fail to answer any question or give false information, we may reject the application and terminate your right of occupancy… Giving false information is a serious criminal offense….”

In TAA’s Apartment Lease Contract, it states in paragraph 32.1(D) that if an applicant or resident gives incorrect or false answers in a rental application, that will be an act of default. Such an act of default, moreover, entitles the property owner to end a resident’s right of occupancy pursuant to paragraph 32.2 of the lease.

If you use the TAA application and lease forms, therefore, you make the truth and accuracy of information a requirement which, if not adhered to, can

lead to rejection of an application or termination of a right to possession, followed by eviction.

In an indirect sort of way, therefore, the HUD Guidance provides that those who fail to speak the truth, or provide false or inaccurate information when seeking an accommodation for a purported service animal, will also be exposing themselves to rejection of their application, termination of their right to possession, and eventual eviction.

Score one for HUD. Texas law also creates potential downside for an applicant or resident who less than truthfully seeks an accommodation for an animal. Here’s how. In Section 121.006 of the Texas Human Resources Code, Texas creates penalties for improper conduct in connection with assistance animals. Section 121.006(a) provides that a person who uses a service animal with a harness or leash of the type commonly used by persons with disabilities who use trained animals, in order to represent that his or her animal is a specially trained service animal when training has not in fact been provided, is guilty of a misdemeanor.

On conviction, that person shall be punished by a fine of not more than $300, and 30 hours of community service for an organization that primarily serves persons with visual impairments or other disabilities.

Score more than one for Texas.

Everything is not, however, quite coming up roses for the housing providers. A resident may request a reasonable accommodation even after bringing the animal into the housing.

In this scenario, the animal is often unauthorized and undisclosed. Once discovered, an accommodation request often follows.

The assessment of any animal accommodation request should be handled the same. HUD sets forth some best practices for the assessment, in the form of questions which the housing provider may use to help them determine whether to grant the accommo-

HUD Guidance provides that those who fail to speak the truth will also be exposing themselves to rejection of their application, termination of their right to possession, and eventual eviction.

2020 / SEPTEMBER - OCTOBER /

39

Under the FHA, a housing provider may request reliable documentation when an individual requesting an accommodation has a disability.

40

dation requested. Here are some examples provided in the HUD Guidance: • Does the person have an observable disability?

• Does the housing provider already have information giving them reason to believe that the person has a disability?

• Has the person requesting the accommodation provided information that reasonably supports that the person seeking the accommodation has a disability?

• Has the person requesting the accommodation provided information which reasonably supports that the animal does work, performs tasks, and provides assistance or therapeutic emotional support with respect to the individual’s disability?

• Is the animal of the type commonly kept in households? Determine, suggests HUD, if the animal is a dog, cat, small bird, rabbit, hamster, gerbil, other rodent, fish, turtle, or other small, domesticated animal that is traditionally kept in the home for pleasure rather than commercial purposes. Also note that reptiles (other than turtles), barnyard animals, monkeys, kangaroos, and other non-domesticated animals are not considered common household animals. (FYI, those are the animals HUD identifies, not this author).

We know that under the FHA, to be a person with a disability requires satisfaction of two elements, the second of which requires the disability to impose a substantial limitation on a major life activity. In the HUD Guidance, there are many examples given of disabilities which generally impose such limitations, some of which include deafness, blindness, mobility impairments requiring the use of a wheelchair, autism, cerebral palsy, major depressive disorder, post-traumatic stress disorder, and schizophrenia.

Some of these impairments are neither observable nor identifiable. That calls for investigation. What should be considered? For one, information from a licensed healthcare professional. Examples are a physician, optometrist, psychiatrist, psychologist, physician’s

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assistant, nurse practitioner, or nurse.

Notable is the requirement of licensing.

Information given by a licensed healthcare professional will typically be general to the condition. To be reasonably supporting information, however, it should be specific as to: (1) the individual with a disability and (2) the assistance or therapeutic emotional support provided by the animal. The individual should be identified, as should the things the actual animal will do.

The HUD Guidance reiterates that a relationship or connection between the disability and the need for the assistance animal must be provided.

There must be a nexus. This is particularly the case, says HUD, where the disability is non-observable, and/or the animal provides therapeutic emotional support.

Certain impairments, especially those that may create a need for an emotional support animal, are not readily apparent. In those instances, states HUD, a housing provider may request information regarding both the disability and the disability-related need for the animal. Care must be exercised that only the appropriate information be sought.

The HUD Guidance refers the reader to two additional documents for direction. One is the Guidance on Documenting an Individual’s Need for Assistance Animals in Housing.

The other is the Joint Statement of the Department of Housing and Urban Development and the Department of Justice, Reasonable Accommodations Under the Fair Housing Act (“the Joint Statement”). The latter is frequently relied upon, cited in court opinions and especially pertinent.

Under the FHA, a housing provider may request reliable documentation when an individual requesting an accommodation has a disability and disability-related need for an accommodation that are not obvious or otherwise known. That documentation is easily acquired from the Internet. The standards to acquire it are, shall we say, extremely lax. The HUD Guidance provides especially constructive and long overdue comments about documentation from the Internet.

HUD says, for example, that “… in HUD’s experience, such documentation from the Internet is not, by itself, sufficient to reliably establish that an individual has a non-observable disability or disability-related need for an assistance animal….”

Some websites, according to HUD, sell certificates, registrations, and licensing documents for assistance animals to anyone who answers certain questions or participates in a short interview and pays a fee. HUD now recognizes that this can be (and actually is) problematic.

In fact, on November 6, 2019, HUD Secretary Ben Carson wrote to the Chairman of the U.S. Federal Trade Commission, Joseph J. Simons, as well as to Director of the Bureau of Consumer Protection, Andrew Smith, requesting that their organizations investigate certain websites that may be selling assistance animal documentation. Less than three months later, the HUD Guidance was issued. We now have a multifaceted exercise of probative government scrutiny being undertaken of a notoriously misleading industry. At last.

As reported by the HUD Public Affairs Division, “… websites that sell verification for assistance animals take advantage of persons with disabilities who need a reasonable accommodation to keep their assistance animal and housing. This request for FTC action reflects HUD’s ongoing commitment to protecting the housing rights of persons with disabilities….”

Secretary Carson’s letter contains a pointed and well-deserved calling-out of the internet peddlers: “… housing providers, fair housing groups, and disability rights groups have brought to HUD’s attention their concern that certain websites may be misleading consumers with disabilities into purchasing assistance animal documentation that is unreliable and unnecessary.

According to these groups, the websites may be selling assistance animal documentation to people who do not have disabilities substantially limiting a major life activity, enabling such people to claim that their pets are assistance animals in order to evade housing provider’s pet restrictions and pet fees. HUD shares these concerns……”

The letter then sets the bar at an appropriate entry level: “… In HUD’s view, the websites in question offer documentation that is not reliable for purposes of determining whether an individual has a disability or disability-related need for an assistance animal because the website operators and healthcare professionals who consult with them lack the personal knowledge that is necessary to make such determinations. The websites typically obtain information from the individual purchasing documentation by requiring the individual to answer an online questionnaire or, at most, having the individual participate in a brief interview….”

It goes on: “… HUD is concerned that these websites may be misleading low-income individuals with potentially deceptive statements and information suggesting that their worthless products are required, will provide some benefit, and/or are endorsed by HUD or other federal agencies. These websites are also interfering with the rights of individuals with disabilities substantially limiting a major life activity under the FHA by selling documentation that people without disabilities can use to pass off their pets as assistance animals….”

HUD Secretary Carson then makes a plea for the FTC to consider this matter and investigate whether such websites violate the FTC Act or any other authority that the FTC is empowered to use in its efforts to protect consumers from deceptive and unfair business practices.

This no holds barred acknowledgment by HUD that animal accommodation requests made to multi-family housing providers are besieged by deception and unfair business practices is grounds for increasing optimism.

HUD is saying what many have known for a long time, that you cannot believe everything you read on or obtain from the Internet.

In addition, the HUD Guidance

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makes suggestions how a person with a disability may craft a response to a housing provider’s request for additional information. It offers best practices for documenting an individual’s need for assistance animals and housing.

Some key takeaways from that portion of the guidance address what healthcare professionals treating individuals with disabilities should include in information they provide. For the information to be provided by the healthcare professional to be sufficiently informative, HUD notes that healthcare professionals should use personal knowledge of their patient/client when creating their documentation. This means the knowledge used to diagnose, advise, counsel, treat, or provide healthcare or other disability-related services to their patient/client.

As a best practice, the HUD Guidance also recommends that individuals seeking reasonable accommodations for support animals ask healthcare professionals to disclose the patient’s name, whether the healthcare professional has a professional relationship with that patient/client involving the provision of healthcare or disability-related services, and the type of animal(s) for which the reasonable accommodation is sought.

In addition, it should be disclosed whether the patient has a physical or mental impairment, whether the pa-

tient’s impairment(s) substantially limit at least one major life activity or major bodily function, and whether the patient needs the animal. As applicable, the healthcare professional’s disclosure should state whether the animal works, provides assistance, or performs at least one task that benefits the patient because of his or her disability, or because it provides therapeutic emotional support to alleviate a symptom or effect of the disability of the patient/client. It should clearly conclude the purported assistance animal is more than a pet.

Also, it may be helpful to provide the date of the last consultation with the patient, any unique circumstances justifying the patient’s need for the particular animal or particular type of animal and whether the healthcare professional has reliable information about this specific animal. The healthcare professional should also sign and date any documentation provided and provide contact information and any professional licensing information.

Due to COVID-19, this good news has not generated the positive attention it deserves. But it has certainly raised the bar for a service animal request and empowered rental housing owners and managers to demand truth and accuracy in all information supporting the request. Thank you, HUD.

The year 2020 marks BILL WARREN’s 40th year of practicing law. His law practice focuses on a variety of issues and cases, the majority of which address the concerns of those active in the multi-family industry. He founded and manages Warren Law Firm. In addition, he serves as Of Counsel for the Texas Apartment Association and as Legal Counsel of the Austin Apartment Association. Bill is also a Credentialed Mediator in Texas. He writes and speaks regularly, and as author of Law In Order: The Warren Report he has had over 120 articles published. His topics cover all nature of issues pertaining to rental housing, from onsite to the boardroom to the courtroom. Bill has been Board Certified in Civil Trial Law by the Texas Board of Legal Specialization for 30 years, and is also a Fellow of the College of the State Bar of Texas. He can be reached at Warren Law Firm, 1011 Westlake Drive, Austin, Texas 78746, (512) 347-8777, or through his firm’s website at www.WLFtexas.com.

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