May/June Apartment News 2021

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MAY/ JUNE 2021 The official publication of the Arizona Multihousing Association

And the finalists are...

The stage is set for the 29th Annual AMA/Cox Communications Tribute Awards, August 13 page 6

AMCF Big Hearts

Legally Speaking

Legislative Update

Phoenix committee reveals “friendly” competition for AMA members

First come the moratoriums and then bankruptcies

AMA has banner year at the Capitol

page 5

page 11

page 13


Apartment News | May/June 2021

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azmultihousing.org


A tribute to those who volunteer their time

818 N. 1st St., Phoenix, AZ 85004 phone: 602-296-6200 fax: 602-296-6178 web: azmultihousing.org

An organization is only as good as its members. Based on that, AMA is one

Gloria Munoz Maricopa County Housing

EXECUTIVE COMMITTEE Chair, Reid Butler Butler Housing Company

Lisa Osborn-Warne Priderock Capital Partners

Vice Chair, Scott Hines PEM Real Estate Group

heck of a great organization, especially

Treasurer, Linda Coburn NexMetro Development

when it comes to those who volunteer

Secretary, Tina Schreiber Greystar Real Estate Partners

their time for our signature event, the annual Tribute Awards.

Imm. Past Chair, Kim Pacheco Scotia Group Management

The COVID-19 pandemic forced AMA

AMC Exec., Sue Campbell Redi Carpet

to hold the 2020 Tribute Awards as a virtual event. That presented a

2021 AMA BOARD OF DIRECTORS

Reid Butler AMA Board Chair

Mark Schilling MEB Management Services

Crystal Sevilla Weidner Apartment Homes

Michelle Sinclair Evergeen Devco, Inc.

Greg Stobart MG Properties

We’re elated that the 2021 Tribute Awards is scheduled to resume

Lesley Brice MC Residential

Dallin Tippets Rainforest Plumbing & Air

Dahnn Brown Camden Property Trust

Kris Tomlinson Cushman & Wakefield

Luz Bruscini MEB Management Services

David Vanek Greystar Real Estate Partners

John Carlson Mark-Taylor Residential

Luis Verger Shelton Residential

Tribute Awards committee members are now Zoom experts.

Crystal DeHoag Bella Investment Group

Christopher Walker Law Offices of Scott Clark

In this issue we debut an exciting new fundraising event, the AMCF

Anna DiSabato Dunlap & Magee

Wendy Weiske Gorman & Company

Kohl Eisenhour Avenue 5 Residential

Debbie Willis P.B. Bell Companies

who proceeds benefit on page 5.

Natalie Evans CoStar/Apartments.com

Nicole Wray Greystar Real Estate Partners

All this stuff just doesn’t happen on its own. Let’s give a shout out to

Kimberly Fitch Nicolosi & Fitch, Inc.

Chris Worrell GPM Landscape, Inc.

Adam Greco Burns Pest Elimination

Mark Zinman Zona Law Group

News on page 6. Congratulations to everyone who was nominated. And thanks to everyone who helped in the judging process. I’m sure

Big Hearts Charity Week Competition. AMCF is challenging AMA members to battle it out for the title of “Biggest Fundraiser.” Find out

those who volunteer their time.

Erika McDowell Finance Director emcdowell@azmultihousing.org Phone: 602-296-6210

Christine Shipley Dunlap & Magee

Krisanne Beckstead Picerne Real Estate Group

You will find the 2021 Tribute Awards finalists in this issue of Apartment

Lauren Romero Tucson Area Association Executive lromero@azmultihousing.org Phone: 520-323-0643

Stacey Searl Weidner Apartment Homes

time to help judge. Still, it was a great event.

in person on August 13 at the Fairmont Scottsdale Princess Resort.

Sarah Fluke Deputy Director sfluke@azmultihosusing.org Phone: 602-296-6212

Lisa Rosenfeld HSL Asset Management

Justin Steltenpohl P.B. Bell Companies

the many volunteers who give their

Courtney Gilstrap LeVinus President and CEO clevinus@azmultihousing.org Phone: 602-296-6200

John Rials Western Wealth Capital

BOARD OF DIRECTORS Elizabeth Beaulieu Quarterpenny Management

challenge for the AMA staff and

AMA STAFF

Kyle Simplot Accounting & Operations Manager kyles@azmultihousing.org Phone: 602-296-6203 Melissa Lanouette Events & Education Manager mlanouette@azmultihousing.org Phone: 602-296-6205 Lisa Garcia Membership & Operations Coordinator lgarcia@azmultihousing.org Phone: 602-296-6207 Amanda Perkumas Tucson Area Executive Assistant aperkumas@azmultihousing.org Phone: 520-323-0643 Jonathan Baldenegro Events & Education Coordinator jbaldenegro@azmultihousing.org Phone: 602-296-6209 Christina Desaubin Communications & Marketing Manager cdesaubin@azmultihousing.org Phone: 602-296-6204

Kristin Heiple Baron Property Services

– Reid Butler, AMA Board Chair, Butler Housing Company

Jenica Hickey Member Relations Coordinator jhickey@azmultihousing.org Phone: 602-296-6214

Robert Hicks Greystar Real Estate Partners Stacey Hogue Greystar Real Estate Partners Michelle Howland Blue Steel Security Services David Kotin Kay-Kay Realty Sharon Kuhlman Shelton Residential Dustin Lacey Mark-Taylor Residential Pam McCarthy Fairfield Residential Omar Mireles HSL Asset Management April Morris Cox Communications

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AMA CONTRACTORS CAPITOL CONSULTING GOVERNMENT RELATIONS Courtney LeVinus Government Affairs Consultant courtney@azcapitolconsulting.com Phone: 602-712-1121 Jake Hinman Government Affairs Consultant jake@azcapitolconsulting.com Phone: 602-712-1121 Bastien Andruet Municipal Lobbyist bastien@azcapitolconsulting.com Phone: 602-712-1121

PUBLIC RELATIONS/ COMMUNICATIONS MadridMedia Peter Madrid Owner, MadridMedia ptmadrid1975@gmail.com Phone: 480-495-3762 Leibowitz Solo David Leibowitz Owner, Leibowitz Solo david@leibowitzsolo.com GRAPHIC DESIGN James Dempsey Design james@jdempsey.com Phone: 602-510-5508

azmultihousing.org


We’re all returning to normal; a good thing for our members

FEBRUARY–MARCH 2021 NEW AMA MEMBERS The AMA would like to welcome all new members from February and March 2021. We are excited to work alongside you and to continue to make our association and industry the best. February ■ Dahle Hi, LLC ■ DC Family Plumbing ■ BetterBot ■ Contract Furnishings Mart ■ Zero Limits, LLC ■ McShane Construction Company ■ Johnson Commercial Fitness ■ VP-Maintenance, LLC ■ The Verification Company ■ Schaefer ■ TNCR Property Management ■ Tides at Downtown Chandler ■ Villa de La Paz ■ Sienna Garden ■ Sienna Park ■ Oakwood Villas ■ Villas at Roger Road ■ Sierra Vista Casitas ■ Mera Goodyear ■ Mera Westgate ■ Acero North Valley ■ Acero Estrella Commons ■ Las Aguas ■ Encantada Rita Ranch ■ The Woodson ■ Sun Creek Apartments

While there are still some pandemic precautions in place, doesn’t it feel good to return to some sense of normalcy? The AMA staff has made the safety of its members a priority as we resume some of our signature events in person. The Phoenix golf tournament in March at Stonecreek Golf Club was

Courtney LeVinus AMA President & CEO

a rousing success. So was the Tucson golf tournament in April at the Randolph Dell Urich Golf Course. Both events were sold out. The April AMC event was also held in person at Evolution at Estrella Falls in Goodyear. Read about the event on page 18. The Tribute Awards are the pinnacle of our industry. We are thrilled the finalist judging in May and the celebration event in August will be in person. We will celebrate August 13 at the Fairmont Scottsdale Princess Resort. There is also great news on AMA-related legislation. AMA proactive bill SB1322 was signed into law by Gov. Doug Ducey in April. Read more about it in the Legislative update on page 13. Let’s keep each other safe as we return to our in-person events. Returning to normal is a good thing for us all.

– Courtney LeVinus, President & CEO, Arizona Multihousing Association

Trailside The Canyons on Colter ■ Hidden Village ■ CTC Mountain View ■ Parq at East Arcadia ■ Grandstone at Sunrise ■ The Logan at Jomax ■ Las Casas at Windrose ■ SL REI Group Inc, PSP ■ ■

March ■ A & B Towing ■ SMS, Inc. ■ Arize ■ Ackerstone ■ Aspen Group Ltd. ■ What’s Bugging You Pest Control ■ Old Town Executive Rentals ■ Self ■ Central Perk ■ Torino Group, Inc ■ San Mateo Apartments ■ The Molino ■ Avenue 25 ■ Cabana on 12th ■ Novella at Arcadia ■ Novella at Biltmore ■ Lazo Apartments ■ Agave at Twenty Two ■ Imperial Apartments ■ Cabana on Hayden

ON THE COVER The April AMC event was an in-person tour of Evolution at Estrella Falls in Goodyear, and what a joy it was to see industry friends and partners again. Approximately 40 Associate Members attended the event hosted by Shelton Residential/Asset Living.

Apartment News | May/June 2021

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to a duel

We challenge you Okay, perhaps a duel is a bit dramatic, but the Phoenix Arizona Mul-

That is why this year, we are excited

tihousing Charitable Foundation (AMCF), AMA’s charitable arm, does

to announce that we are expanding

have a challenge for AMA members in the form of a little friendly

our efforts with our first AMCF Big

competition. Intrigued? Read on…

Hearts Charity Week Competition. AMCF Phoenix is challenging all

The AMCF Big Hearts Committee Phoenix believes it is important to

of AMA’s members to battle it out

give back to our community through charities that impact our members

for the title of “Biggest Fundraiser,”

and their residents. Over the years, the AMCF Big Hearts Committee

with proceeds benefiting AMCF

has raised more than $1 million to support local and statewide charities

Phoenix’s charitable partners –

through a variety of fundraising events such as bowl-a-thons, car

The Resident Relief Foundation,

raffles, silent auctions, dollar-a-door campaigns, fun runs and more.

UMOM New Day Center s,

We truly believe by working together as an industry, we can and will

Southwest Autism Research &

make a difference.

Resource Center (SARRC) and the Julie Hurst and Steve Peters Education Fund. Are you ready to prove that you have what it takes to be top dog? Members are encouraged to sign up as an individual or a team. Once registered, competitors will hold a fundraiser of their choosing any time between June 6 and June 12 to raise as much money as possible for AMCF Phoenix’s charitable partners. Some ideas for fundraisers include: Pancake Breakfast Virtual Trivia ■ Pet Runway Event ■ Bingo Night ■

■ ■

Bean Bag Tournament Dog Walking Change for Charity

These are just a few ideas to get the creative juices flowing. Participants are encouraged to get creative and hold one or more fundraiser that engages their staff, residents and/or customers. If bragging rights and the fullness your heart will feel from helping others isn’t enough motivation, we have some more incentives for you. The top-performing property management and associate member companies will win a grand prize traveling trophy, showcasing their commitment to charitable giving. First-, second- and third-place ranking properties will also receive a lunch sponsored by the AMCF Big Hearts Committee Phoenix. Now that the gauntlet has been thrown down, are you ready to duel? Gather up your teammates and click here to enter what will surely be a fun competition of giving. May the best team win.

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The stage is set for the 29th Annual AMA/Cox Communications Tribute Awards scheduled for August 13 at the Fairmont Scottsdale Princess Resort. AMA received a record 755 nominations from 33 member companies. Volunteers donated 700 hours of their time to judge in the initial round. Apartment News congratulates all the nominees and finalists.

2021 Tribute Awards Finalists Property Supervisor ■

Greg Flatt, MC Residential

Monica Gatlin, P.B. Bell

Bertha Soto, Shelton Residential

Ashley Tran, Mark-Taylor Residential

Denise Trentacosta, MEB Management Service (Tucson)

Community Manager 1-199 ■

■ ■

Jennifer Bagwell, Monaco at McCormick Ranch, Greystar Real Estate Partners Christina Carrano, Villa Vita, Mark-Taylor Residential Maria Flores, Bungalows on Jomax, Baron Property Services, LLC Lauren McCauley, Lex on Central, Baron Property Services, LLC Alanna Taylor, The Standard, Greystar Real Estate Partners

Community Manager 200-299 ■

■ ■

■ ■

Scott Allen, iLuminate/Linear, Baron Property Services, LLC Yvettee Oviedo, The Place at Wickertree, MC Residential Brian Parker, Montero at Dana Park, Baron Property Services, LLC Lindsay Schultz, Vela, Shelton Residential Chrisman Swanson, The Place at Riverwalk, MC Residential

Community Manager 300+ ■

■ ■

■ ■

Teresa Garr, San Tan by Baron, Baron Property Services, LLC Xenia Higgins, The Ryan, Greystar Real Estate Partners Stephanie Mathrusse, The Palms on Scottsdale, Mark-Taylor Residential Ciera Moraga, The Halsten, Mark-Taylor Residential Kim Ritch, Lake View at Superstition Springs, MG Properties –Continued on next page

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Finalists Community Manager OTV ■

Ruben Chavez, Valley View, Nicolosi & Fitch, Inc. Gina Desisto, Circ Tucson, Greystar Real Estate Partners Samantha Devoe, The Colony, Greystar Real Estate Partners

Assistant Manager ■

Michelle Alcantar, Biscayne Bay, MG Properties Danny Kwon, Aspire Pinnacle Peak, Weidner Apartment Homes-Arizona Stacey Marek, LakeView at Superstition Springs, MG Properties Rachelle Ralston, Scottsdale Horizon, MG Properties Crystal Summer, Villa Vita, Mark-Taylor Residential

Leasing Consultant ■

■ ■

John Drown, The Catherine, Security Property Residential Amanda Green, San Lagos, Mark-Taylor Residential Andrew Lopez, The Palms on Scottsdale, Mark-Taylor Residential Troy Row, Acero Cooley Station, IDM Apartments AZ, LLC

Casey Hale, P.B. Bell

Kyle Kik, MG Properties

Ricardo Salinas, MC Properties

Kris Servidio, Mark-Taylor Residential Johani Villanueva, Avanti Residential, LLC

Thomas Bray, Connect on Union, Western Wealth Communities Elmer Merida, Franmar Manor, MEB Management Services Darin Minemyer, Sunwood, Shelton Residential Michael Pantoja, Avilla Camelback, MEB Management Services

Andrew Keel, The Halsten, Mark-Taylor Residential

Randy Risley, Visconti at Camelback, Greystar Real Estate Partners

David Robinson, Cadia Crossing, Olympus Property Management Don Underwood, Sonoran, MG Properties

John Ayers, Parkcrest, Shelton Residential

■ ■

Cheri Stroud, Paradise at P83, P.B. Bell

Aventerra at Dobson Ranch, BH Management Biscayne Bay, MG Properties The Lex, Baron Property Services, LLC Miramonte, P.B. Bell Vaseo, Greystar Real Estate Partners

Ascent at Papago, MG Properties Palm Trails, Avanti Residential, LLC

San Tan by Baron, Baron Property Services, LLC San Hacienda, Mark-Taylor Residential The Tamarron, Shelton Residential

Best Community Team 2013-2020 ■

Branden Mondoc, Cielo on Gilbert, Avanti Residential, LLC

Stephen Munyon II, Noria Robson Luxury Apartment, P.B. Bell

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Jonathan Schuermann, Broadstone Waterfront, Greystar Real Estate Partners

Mark VanBuren, Tamarron, Shelton Residential

Elizabeth Lugo, Sonoran Reserve, Scotia Group Management, LLC

Art Torres, Dakota Canyon, Nicolosi & Fitch, Inc.

Trevor Terrell, Estate on Maryland Apartments, BH Management Services

Cecilia Jones, Residences at 4225, Greystar Real Estate Partners

Best Community Team 2002-2012

Christopher Hazlett, Riverstone, HSL Asset Management-Tucson

Joseph Bynum, Elevation Chandler, Olympus Property Management

Vernice Chavarria, iLuminate, Baron Property Services, LLC

Best Community Team Prior to 2002 ■

Service Technician ■

Housekeeper

Chris Owen, Summerly at Zanjero, Greystar Real Estate Partners

Service Supervisor OTV

Apartment News | May/June 2021

Young Baek, Villa Vita, Mark-Taylor Residential

Service Supervisor 200+

Levi Shaw, Copper Falls, P.B. Bell

Regional Service Supervisor

Service Supervisor 1-199

Linear iLuminate, Baron Property Services, LLC Optima Sonoran Village, Optima Realty Inc. Paradise at P83, P.B. Bell Summerly at Zanjero, Greystar Real Estate Partners The Local, Mark-Taylor Residential

–Continued on next page

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Finalists Best Community Team – OTV ■

Aspen Leaf, MEB Management Services Missions at Sentinel Peak, Quarterpenny Management Retreat at Speedway, Weidner Apartment Homes - Arizona

Best Community Team – Student Housing ■ ■

Aspire Tucson, BH Management Paseo on University, Greystar Real Estate Partners University Villas at Ironwood, Shelton Residential

Industry Partner of the Year ■

Terry Bridges, Rose Paving, LLC

Bry Carter, The Phoenix Staffing

■ ■

Noelia Coria, Kowalski Construction

AZ Executive of the Year ■

■ ■

Developers Award – Low/ Mid Rise ■

Justin Steltenpohl, P.B. Bell Bob Venberg, PEM Real Estate Group

■ ■

Corporate Employee of the Year ■

Jennifer Baird, HSL Asset Management-Tucson Suzie Christenson, MEB Management Services Ian Dangerfield, Greystar Real Estate Partners Khara House, Bella Investment Group Gianna Negretti, Greystar Real Estate Partners

Developers Award – Garden ■

Daniel Vollmer, Blue Steel Security Chris Walker, Law Offices of Scott M. Clark

Mark Schilling, MEB Management Services

■ ■

Acero Cooley Station, IDM Apartments AZ, LLC Copper Falls, P.B. Bell

Camden North End II, Camden Property Trust Paradise at P83, P.B. Bell The McKinley, Baron Property Services, LLC

Renovated Community of the Year ■ ■ ■

Camelback Flats, BH Management Haven at South Mountain, Shelton San Tan by Baron, Baron Property Services, LLC

Affordable Community of the Year ■

Cottonwood Crossing, Shelton Residential Encore on First West, MEB Management Services Tanner Gardens, MEB Management Services

Senderos on South Mountain, MEB Management Services

Industry Partner of the Year – Tucson ■

■ ■

Tim Furnas, Avalanche Security Solutions Sarah Marcarian-Dabb, Redi Carpet Judy Kirckey-Prohow, Law Offices of Scott M. Clark, P.C.

Volunteer of the Year ■

Mike Johnson, HSL Asset Management-Tucson

Rachael Kish, Shelton Residential

Luis Verger, Shelton Residential

Volunteer of the Year – Tucson ■

■ ■

Kimberly Barrow, MEB Management Services Kimberly Fitch, Nicolosi & Fitch, Inc. Lisa Jones, HSL Asset Management-Tucson

Apartment News | May/June 2021

August 13, 2021 marks the return of the Tribute Awards, live and in-person! Be sure to check the AMA website for time and location details. 8

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AMA Happenings AMA Phoenix Golf Tourney a Hit A field of 164 eager golfers hit the links at Stonecreek Golf Club in Phoenix in March at the AMA Phoenix golf tournament. It was one of the first in-person events for AMA members in 2021. A good time was enjoyed by all.

Apartment News | May/June 2021

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Legally Speaking

First come moratoriums, then come bankruptcies By Mark Zinman, Esq.

By the time you are reading this,

to property owners. Due to the restrictions put on rental assistance, many renters will

we are now 14 months into var-

not qualify to obtain rental assistance and

ious eviction moratoriums, and

will be unable to pay what the government has allowed to accrue.

while the CDC moratorium is set to expire in June, there are

Remember, while all residents are protected

rumors that it will be extended.

those residents who earn approximately

from eviction under the moratorium, only $40,000 or less (depending on the county), will qualify for rental assistance. It is ex-

For months, tenant advocates have alleged

pected that as a result, many such residents

that there will be a huge spike in evictions

who have not paid in 14 months, will file

once the moratoriums end and that residents

bankruptcy to further delay evictions.

will be irreparably harmed. We believe this is a false narrative created by tenant advocates to push their agenda – property owners are not interested in harming their own business by pushing out residents.

After a year of eviction moratoriums and having residents not pay rent, the coming spike in bankruptcy filings, will be another negative repercussion for property owners and residents. Government agencies should

It’s an absurd idea to propose that owners

be allowing all residents to obtain rental

like evictions and like vacancy – it runs con-

assistance to avoid this outcome, which is

trary to the very core of renting properties.

bad for residents and owners alike.

Instead of focusing on the alleged increase in evictions when the moratoriums end, more attention should be given to the lack of rental assistance and the next problem: resident bankruptcies. While it is true that the moratoriums

...residents often file BK just to not pay for an extra month or two, and then they vacate.”

have delayed evictions, what they have

Before explaining how a bankruptcy case

really done is allowed some residents to

works, it’s important to highlight how it af-

accrue insurmountable debt that they owe

fects property managers and owners: if your

Apartment News | May/June 2021

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resident files bankruptcy (BK) you are prohibited from taking any action against them until the BK is completed or until you get permission from the BK court to take action. If a resident is in BK and fails to pay the rent, a property manager is strictly prohibited from serving that resident with any non-payment notice or taking any legal action against them. Violation of this rule will lead to severe penalties and should not be taken lightly. –Continued on next page

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As soon as a BK notice is received, the onsite staff should notate

To get their rights (and their property) back, the rental owner must

this in the property management software and the resident’s file

appear (usually through their attorney) in the BK court and get a

so that no notices or legal actions are accidentally taken against the

lift stay order. A Lift Stay Order is the court order which effectively

resident. In short, freeze all actions and talk to your attorney.

removes the legal “bubble” around the resident and permits the rental owner to pursue their rights under the lease and state law.

The reason this is so important is because when a person files

Due to the procedure in BK court, it regularly takes several weeks

BK, it is as if they are in a legal bubble and creditors can’t take any action against them until the BK case is dismissed or the BK court

to get a Lift Stay Order signed, but may take longer if the resident

grants permission to pursue the debtor. A person files for bankruptcy

objects and/or pays the rent. Because of this, residents often file

protection to either erase their debt or to enter into a payment plan

BK just to not pay for an extra month or two, and then they vacate.

on the debt they have.

The pandemic has been very difficult for all people, including residents

The option chosen will control whether the debtor files a Chapter 7

and owners. Partial solutions by our government, like restricted rental

or a Chapter 13 bankruptcy. In most cases, when residents file BK,

assistance, does nothing to solve the problems that will undoubt-

they are filing a Chapter 7 case and they want to simply erase their

ably arise after the moratoriums. As with all matters, we suggest

debts. BK laws protect that person from creditors pursuing them

managers work with their residents to obtain a mutually agreeable

while they are trying to clean up their debt and get a fresh start.

outcome, but know their legal rights so not to get into legal trouble and to protect the owner’s interests.

While it makes sense to protect the debtors during their “fresh start” this is really unfair to rental owner because the resident is in possession of the unit. The rental owner is not only not collecting

Mark B. Zinman is an attorney with Zona Law

the rent, they can’t easily get possession back and rent the unit to

Group. He is a past and present board

a new resident. It’s no different than an eviction moratorium – until

member with the AMA. He may be reached

they get approval from the BK Court, the property owner is left with

at 480-949-1400.

a non-paying resident in a unit.

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Legislative Update

A year in review: COVID-19 and the Arizona rental housing industry AMA has banner year at the Capitol By Jake Hinman and Bastien Andruet

While the initial rollout had some technical challenges, it soon became clear the remote or “virtual” court appearances could be beneficial to rental owners and managers who no longer needed to take time away from their daily responsibilities to appear in person at the actual courthouse.”

One year into the COVID-19 pandemic, the rental housing industry is still reeling from the after effects of both extreme economic duress and unprecedented government overreach on the industry. A year later, the industry is still under the grips of a federal eviction moratorium with no indication from the federal government as to when rental property owners’ rights will be restored. While the federal executive branch has been unrelenting, we are starting to witness the judiciary push back with federal judges in Texas, Tennessee and Ohio declaring the federal eviction moratorium as unconstitutional. Those

It even provided a benefit to renters, as evident by a Failure to Appear

cases are now under appeal.

rate in eviction action proceedings dropping 31% in the Maricopa

The 2021 Arizona Legislative Session has been in full swing since

County Justice Courts.

January and lawmakers have been considering a record-breaking

Seeing the clear benefits to both rental property owners and renters,

1,829 bills and resolutions. While most of them – almost 1,500 bills –

Sen. Warren Petersen (LD-12) introduced SB1322 to make virtual

died throughout the process, the AMA was successful in moving its

court permanent. Once the bill takes effect, any party, including an

priority legislative agenda forward.

attorney or witness upon written notice to the court, will be permitted

Virtual court made permanent

to participate at the initial appearance remotely by using a telephone

The AMA was focused on making one COVID-related policy perma-

or video conference connection.

nent. Nearly a year ago, in response to the pandemic, Arizona courts ended in-person appearances for eviction matters and moved all of

–Continued on next page

the hearings to a video or telephonic court system.

Apartment News | May/June 2021

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property owners. It can

Affordable housing a focus for AMA

be especially challenging when the resident dies and an animal is left

In the past few years,

behind in the unit.

and especially during the pandemic, the rhet-

Animals in these unfor-

oric around housing af-

tunate situations have

fordability has increased

historically been treat-

dramatically. We have

ed like personal prop-

seen a new level of

erty, no different than

scrutiny and a bevy of

a couch or a television.

unconstitutional ideas

Because of this, owners

to address the issue.

are left in the untenable

Unfortunately, there

position of having to

has been little, by way

choose between the

of proposed policy inter-

welfare of the animal

ventions, to address the

or potentially violating

true root cause of the

state law to enter the

issue – supply.

unit to provide care to the animal.

Just about every economic marker indicates

To rectify this grey

that we need to build

area of the law, and

more housing and find

in response to the le-

ways to incentivize

gal conundrum, Rep.

housing construction,

Shawnna Bolick (LD-20)

from creating new fi-

introduced HB2507 to

nancing mechanisms

provide clear guidance

to removing regulatory

to rental property own-

barriers such as antiquated zoning laws, as opposed to creating

ers in the event the resident dies and an animal is left behind.

new regulatory schemes like some policymakers and academics

Under the new law, which was signed by Gov. Doug Ducey in March,

have suggested.

a rental owner may release an animal after one day to a relative if

One such policy intervention is a state-level Low Income Housing Tax

the owner cannot contact a named authorized person on the lease

Credit (LIHTC) program, and it is a policy idea that the AMA, and other

or if the owner was not provided with the contact information of an

housing stakeholders, have been working on in partnership for several

authorized person.

years. This year, Rep. Regina Cobb (LD-5) and Sen. David Gowan (LD-

The bill also allows the same remedy in the event the resident is “in-

14) have been spearheading the efforts to establish a state program

capacitated,” which in light of the COVID-19 pandemic, is especially

and create $480 million in new financing to the state of Arizona.

important for residents who may be hospitalized for long periods.

State LIHTC is modeled after the federal program signed into law

Harmful bills dead for the year

by President Ronald Reagan as part of his Tax Reform Act of 1986.

While the AMA was successful in passing key legislation in 2021, it

Made permanent in 1993, federal LIHTC has since been sustained

was equally successful in defeating legislation that would have been

by both Democratic and Republican presidents as well as continued

detrimental to the industry. The 2021 legislation saw a historic level

by President Donald Trump in his Tax Cuts and Jobs Act, 2017. Federal

of anti-rental owner bills introduced by lawmakers with over 20 bills

LIHTC has helped finance approximately 47,000 affordable housing

introduced that took direct aim at the industry.

units in Arizona since 1987.

Most significantly, once again Sen. Juan Mendez (LD-26) introduced

If state LIHTC is approved this year, it is estimated that nearly 1,000

SB1691 to create statewide rent control and limiting rent annual rent

new affordable units will be created annually under the program.

increases to 5%. Another long-time industry assailant, Sen. Martin

New guidance for dealing with animals

Quezada (LD-29), introduced SB1435, prohibiting owners from inquiring

A rental resident’s animals, whether they are pets, service animals, or

on past criminal records.

emotional support animals, can present unique challenges for rental

Apartment News | May/June 2021

–Continued on next page

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Spearheading the majority of efforts to target the multifamily industry, Sen. Kirsten Engel (LD-10) introduced SB1663 to seal eviction records of renters, SB1038 increasing the 5-day notice to a 15-day notice and repealing various laws that the AMA passed in the last few years including new laws related to partial payments of rent (SB1665), court forms (SB1664), and energy benchmarking (SB1134). Engel’s SB1472 attempted to regulate and dictate how security deposits are returned to tenants, but thankfully never made it to a committee hearing. Engel attempted to further regulate the Landlord-Tenant Act with her SB1130, which would have allowed constables to provide direct resources and assistance to avoid, delay, and prevent an eviction, in direct conflict of the interest of justice and court neutrality, and sweetened the pot by including a provision to reimburse constables for their efforts and “expenses incurred” in providing the eviction notice – in supplement of their salary. Engel also attempted to sneak in an eviction moratorium rider with her SB1666 which, at initial glance, appeared to be a $25 million allocation to the Housing Trust Fund (HTF). The devils were in the details, however, as her bill included language to prohibit a landlord from “… finalizing, or enforcing” any eviction action against a tenant

to create an eviction prevention study committee responsible for

if they received a single dollar of HTF monies.

examining and proposing legislation to regulate housing affordability.

Following up on tenant-advocacy demands from Fall of last year, Sen.

Another Southern Arizona Representative, Charlene Fernandez (LD-

Engel introduced SB1661, attempting to establish a Housing Assistance

4), attempted to create statewide requirements for building permits

Program with $10 million from the General Fund to provide community

issued by municipalities regulating the construction, reconstruction,

and legal resources to those at risk of eviction, including the hiring of

installation, demolition, maintenance, or repair of any multifamily build-

“housing navigators” to direct tenants how to avoid eviction.

ing of five or more units at a cost of more than $250,000. Thankfully, her HB2855 went nowhere.

As happens nearly every year since the AMA was able to pass the state preemption, Sen. Engel introduced a bill, SB1132, seeking to

While the majority of bills targeting the industry were Democrat spon-

repeal the ban on municipalities regarding auxiliary container fees.

sored, there was one bill which came from the GOP that attempted

As a refresher of our efforts from years past, this bill creates legal

to place Second Amendment rights over private property rights. Sen.

precedent for price controls and opens the door for Arizona to adopt

Wendy Rogers (LD-6) SB1785 attempted to mandate that firearms

rent control.

and ammunition be allowed anywhere in an apartment community, including common areas such as pools and gyms.

Sen. Engel also took direct aim at the AMA this year, attempting to have it removed from the Constable Ethics Standards and Training

While none of these proposals moved forward, it is another indication

Board in her SB1662.

of the many challenges facing the industry in the coming years.

Rep. Pamela Powers Hannley (LD-9) attempted to pass HB2573, which would have allowed residents to opt out of paying for community amenities, however despite making it through the House, after

Jake Hinman is the Director of Government

significant amendments by the AMA, it never made it to committee

Affairs for Capitol Consulting.

in the Senate.

He can be reached at 602-712-1121.

Rep. Andrea D’Alessandro (LD-2) recommenced efforts to require energy benchmark reporting with her HB2738, in tandem with Sen.

Bastien Andruet is a Municipal Lobbyist

Engel’s sister bill in the Senate, SB1134. Both bills died without a

for Capitol Consulting.

hearing in committee.

He can be reached at 602-712-1121.

Sen. Engel also teamed up with fellow Tucson-area Representative Andres Cano (LD-3) to introduce SB1039 and HB2197 which sought

Apartment News | May/June 2021

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Making privacy a priority

Technology should help us better operate our properties, not threaten privacy of our residents By Elaine Simpson Privacy, in its simplest definition, is the state or condition of being

Your personal data comes from online databases accessed by

free from being observed or disturbed by others.

internet search engines. Your age, birthday, employment or lack thereof and current and previous addresses are “out there.” Misuse

Information privacy is the right to have some control over how

of the information and the crime of identity theft can occur when

your personal information is collected and used. Human beings

a database of public records also contains your Social Security

value their privacy. Expanding digital resources and advanced

number, credit card numbers and banking information!

electronic technology are being used to create “zero- touch” rental environments.

Have you ever received a traffic ticket in the mail for speeding or running a light but you never saw a law enforcement officer? Most

Does this threaten the privacy of our residents?

of us have encountered electronic surveillance like this before.

Technology has its advantages, but it also has a lot of social and

Cameras and audio devices are now rather commonplace and used

ethical implications that cause concern and privacy is one of

as a crime deterrent by recording our conversations and actions.

them. Electronic surveillance, availability of personal information

Surveillance technology is used in banks, stores and businesses

through internet technology and workplace/home environment

without much of a disclosure requirement, although one generally

monitoring are just a few areas that add to the concern.

can see the cameras in use and a posted sign or two. They don’t

Have you ever Googled your name? Of course, you have Googled

ask for your permission to record you.

your name before, but what did you find out about yourself? You were probably very surprised at what personal information came up with a simple internet search.

Apartment News | May/June 2021

–Continued on next page

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According to J. Heaney, an expert in this field, the court decisions related to privacy issues in most countries lead to two rules that most institutions now follow “the right of privacy is not absolute and must be balanced against the needs of society” and “the public’s right to know is superior to the individual’s right of privacy.” Other than these “rules,” the privacy laws in the U.S., according to Forbes, are “antiquated notions of notice and choice” and are “inadequate to address the rapid evolution in technology, computer science and artificial intelligence.” One thing is sure and that is it is okay for a property owner to use surveillance devices to protect private property.

Surveillance cameras, audio on your property: what you need to know

Are there disclosure requirements for installing cameras and microphones in a residential or workplace environment? Without knowledge or consent there is no opting out of this data intensive world. What can we do? We can use privacy settings and “tools” to hold companies accountable for misuse of our information. What other issues has this created? Fear of making a mistake, censorship, loss of freedom due to intrusion and exposure?

If you are going to use surveillance cameras and audio on

Laws vary from state to state about disclosure of surveillance

your property, here are a few things to keep in mind:

so check with your local authorities. However, some points apply

1.

across the board.

Evaluate your property to determine what kind of system will work best for the spaces you need to monitor. Do you want a

Cameras cannot be used in bathrooms, bedrooms, or anywhere

hard-wired or Wi-Fi system and how many cameras will you

a person might get undressed. Many states say that residents

need? Placement of the cameras determines whether they

have a reasonable expectation of privacy inside their home but

are legal or illegal. Public areas may include mail/delivery

any space considered “public” can be monitored.

rooms, building exits and entries, elevators, staircases, pool areas, game rooms or any other public areas.

It is illegal to install hidden cameras anywhere on private property so cameras must be visible. You must notify the residents that

2.

Determine proper camera positioning for each camera. Avoid

cameras are in use in the community or on property. This can be

backlighting and lens flare (light being scattered due to a

accomplished by adding a clause in the property’s residential lease.

bright light nearby) which will make your images useless.

In some states, due to federal wiretapping laws, audio recording

3.

must also be disclosed in order to avoid breaking the law by

Install your cameras out of reach to avoid tampering or easily being disabled.

having all parties give consent.

4.

If using a Wi-Fi camera system, check your Wi-Fi strength. The

Occupancy Solutions will continue to explore and report on issues

further away your cameras are from the router, the higher

affecting property management and offers online, e-learning

the probability you will have signal problems.

courses and webinars.

5.

Visit our website at www.occupancysolutions.com or call

Program and test your system and periodically check the audio/video quality.

(800) 865-0948 for your free consultation.

6.

In most states, if audio is recorded and you have informed

Elaine Simpson, President

the tenants of being recorded, any conversation that they

Occupancy Solutions, LLC

choose to have in front of a camera is counted as consent. In some states, however, you must have consent from every

Operations, Leasing, Marketing

tenant to be able to record audio.

Consultant and Training Specialist OccupancySolutions.com

7.

(800) 865-0948

Apartment News | May/June 2021

Be informed that residents may install their own cameras inside their homes as long as they do not damage the property.

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A shining star in Goodyear AMC returns to in-person event at sparkling Evolution at Estrella Falls By Michelle Howland

The April AMC event was an in-person tour of Evolution at Estrella Falls in Goodyear, and what a joy it was to see industry friends and partners again. Approximately 40 Associate Members attended as Shelton Residential/Asset Living put on an amazing party. The theme of “All Fun and Games” included games such as Pac Man, foosball and arcade games with more than 200 offerings. There was plenty of good food and drinks as well. Attendees had individual Superfood bowls/treats made for us by Nourish. The highlight of the event was an appearance by Tom Shelton, who gave a wonderful and informative talk about the merger between Shelton Residential and Asset Living. He took us back through the history of the company and brought us all the way to the present. Shelton Residential/Asset Living footprint in our Valley market continues to grow. Rachael Kish, Regional Portfolio Director, and Natalie Green, On-site Community Manager gave us all the details of the beautiful community. Luis Verger, Vice President of Organizational Development, played a big part in planning this event and was in attendance as well. Also joining us was Sharon Kuhlman, Vice President of Property Operations.

–Continued on next page

Apartment News | May/June 2021

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Weekly social events 24/7 access to fitness center ■ Car care center with auto vacuums and air ■ Group yoga, Pilates and Zumba classes ■ Professional wellness partner on site ■ Splash pad ■ Gated access to Bullard Wash Park

Chase McNary from Executive Coatings and

Contracting won the lunch with Rachael Kish

and her team. Built in 2018, Evolution at Estrella Falls, 15361 W. Virginia Ave., in Goodyear, totals 326 units and is managed by Asset Living. Natalie Green is the Manager.

About Estrella Falls

Apartment amenities

Welcome to one of the most desired apart-

ment communities in Goodyear. Evolution

at Estrella Falls boasts an amenity-rich, pet-friendly community offering a world-class living experience. Our luxury apartments offer spacious studios, one-, two-, and three-bedroom apartments with all of the comforts and amenities you desire. We’ve carefully designed our layouts with walk-in closets, full-size washers and dryers, stainless steel appliances, granite countertops and more. Evolution at Estrella Falls offers and ideal West Valley location with convenient access to the I-10 Papago Freeway, Loop 303 and 101 freeways, and unparalleled service from our professional and attentive staff.

Community amenities ■

Saltwater heated pool and spa

Gaming and pool table in The Lounge EVO ■ Yoga, Spin and group exercise room ■ Outdoor fitness stations ■ Outdoor gaming areas ■ Playground ■ Outdoor BBQ and lounge areas ■ Community Garden ■ Bark park ■ Sport court ■ Sand volleyball court ■ Smoke-free community ■

Mountain view

Air conditioning ■ Ceiling fan ■ Controlled access ■ Dishwasher ■ Disposal ■ Dog friendly ■ High-speed internet ■ Full size washer & dryer ■ Granite countertops ■ Garages available ■ Reserved covered parking ■ USB outlet ■ Low emission, low VOC paint ■ Plank flooring with recycled content ■ Private master bath ■ Private patio/balcony ■ Stainless steel, Energy Star appliances

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Apartment News | May/June 2021

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AMA Patron Profile Gorman Roofing Services 2229 E. University Drive, Phoenix, Ariz., 85034

By Peter Madrid

Pardon the pun, but strong client relationships are what keep Gorman Roofing Services on top of its game. Owner Dan Gorman has been affiliated with AMA for more than 35 years; the company itself joined AMA shortly after it was founded in 1998. Marketing Director Ren Du says Gorman Roofing Services was founded on the belief that “we are not just roofers, we are a professional asset management company specializing in the maintenance, repair and replacement of roofs.”

On a professional and personal level, we are extremely appreciative of what AMA membership has provided.” –R en Du, Marketing Director

Ren Du Marketing Director (602) 762-5403 rend@gormanroofing.com

“We distinguish ourselves by providing superior customer service and custom roofing solutions aligned with our clients’ needs and budgets,” Du says. “Most of our business comes from loyal, repeat customers who view us as a trusted business partner focused on lowering operating costs and increasing property value. Strong client relationships are the foundation of our business.” Du says AMA provides tremendously valuable opportunities to meet

How did the recent COVID-19 pandemic affect Gorman Roofing

key decision makers in the Arizona multifamily housing market.

Services?

AMA enables exposure to a wide variety of industry profession-

“It has increased the complexity of our operations but has also

als, she adds, including construction/project managers, property

strengthened most of our client relationships,” Du says. “We rec-

managers and maintenance personnel.

ognize that this pandemic has placed additional financial burden

“Our association with AMA has been an essential part of the com-

on our clients and has required enormous focus on tenant health

pany’s growth and success,” she says.

and safety. –Continued on next page

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“In April of last year, we implemented a comprehensive COVID-19

“Active AMA membership has not only improved our standing in

Exposure Prevention & Response Plan focused on workers’ job-

the Arizona multifamily community but has also connected us

site protocol and procedures to protect our clients’ tenants and

with many companies with properties throughout the country.

employees. In addition, we reduced many of our fees and offered

Although we were founded in Arizona, we now have branches in

flexible payment terms. We are proud that since the COVID-19

five other locations and do work for 16 of the top 20 apartment

outbreak, we have no reported COVID-19 incidents at any of our

owners/managers in the U.S.”

jobs and our major customer list has grown.”

Multifamily is one of the hottest property types in Arizona. How is

How did Gorman Roofing weather the storm?

this benefiting Gorman Roofing?

“We were fortunate that throughout this crisis we have been con-

“We do business in a variety of markets and geographic locations,

sidered an essential service. Many of our clients’ projects were

but our focus is on multifamily housing and our largest branch is in

delayed or downsized, but overall, our business has remained

Arizona.The sustained success of the Arizona economy and growth

very healthy. We have fully maintained our workforce in Arizona

of the multifamily housing market have contributed significantly

and nationwide. We are operating at full strength, and we are

to the company’s success,” Du says.

well positioned to participate completely in the market’s rebound.

Over the past 20 years, Du says, AMA membership has resulted

Industry groups are vital to the success of any business. How has

in many close and long-lasting friendships with customers and

Gorman Roofing leveraged its standing in the Arizona multifamily

industry professionals.

community through its membership in AMA?

“Despite moving to other states, jobs and/or employers, most of

“We believe that the value of affiliations with associations like

these friendships have remained strong,” she says. “On a profes-

AMA is derived from the level of participation in committees and

sional and personal level, we are extremely appreciative of what

sponsorship of events. We have always made it a priority to stay

AMA membership has provided.”

engaged with AMA at the highest possible level,” Du says.

Now that’s a roofing company on top of its game.

Classes. Events. Job Listings. azmultihousing.org Apartment News | May/June 2021

21

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What’s up down in Tucson

Back in the swing of things The AMA Tucson Golf Tournament presented by American Roofing & Waterproofing was a huge success. Members were excited to get out and see one another and the day couldn’t have been more perfect. AZ 1st won the Best Use of Theme for Golfers

Getting their axe together

and Edmondson Law won the traveling trophy

Tucson AMA members had their in-person

for the hole sponsors for this year’s theme

event in March … axe throwing. According

“Golf with a Twist.”

to Apartment News sources in Tucson, teams

Thank you to our golfers and sponsors who

had a great time getting out some frustration

made this a huge success on April 23 at Ran-

while networking with one another.

dolph Dell Urich Golf Course.

3rd Place: Burns Pest Elimination Team –

1st Place: Tucson Appliance Team – Chris Ed-

Adam Greco, Cory Burns and Jason Mayer

wards, Dustin Howell and Brian Kontak Tucson

with Burns Pest Elimination and Todd Horton

Appliance and Lisa Rosenfeld HSL;

from Asset Living;

Upcoming events The Tucson Dinner Meeting is May 13 at 5 p.m. at the Embassy Suites Tucson, 6555 E. Speedway Blvd. … On June 17, Tucson

2nd Place: Guardian Construction Team – Mar-

Most Honest Score: Lowe’s Pro Team – Chris

AMA is hosting a networking event at Culinary

ty Bluethman and Preston Sams with Guard-

Lane and Tommy Smith from Lowe’s Pro and

Dropout. The event begins at 5 p.m., at 2543

ian Construction and Chris Evans from HSL;

Danny Rodriguez & Jeff Voultas from HSL.

E. Grant Road.

Apartment News | May/June 2021

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Apartment News | May/June 2021

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THANK YOU

BGF UPDATE

PATRON MEMBERS! P L AT I N U M

5 million reasons to keep supporting BGF The AMA Better Government Fund (BGF) hit and surpassed its $1 million goal in 2020 at $1.046 million. The BGF is an industry defense fund used to independently support candidates and initiatives and to help support policies that strengthen the

Bringing us closer

apartment industry in Arizona. Click here to learn more.

GOAL $5.0m $4.5m $4.0m $3.5m $3.0m $2.5m

G O L D

$2.0m $1.5m $1.0m S I LV E R

Current BGF Dollars Raised:

$1,478,203

For more information on how to become a patron member of AMA, please contact Sarah Fluke, sfluke@azmultihousing.org, 602-296-6212. Apartment News | May/June 2021

24

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