Rental Housing Journal Metro January 2014

Page 1

Rental Housing Journal Metro

January 2014 14 CLARK COUNTY RENTAL ASSOCIATION – President's Message

2 MULTIFAMILY NW – New Beginnings 4 The Housing Choice Act Of 2013, Otherwise Known As “The Section 8 Bill”

15 Everything You Need to Know about Aid Animals

6 DEAR MAINTENANCE MEN

16 RHA OF GREATER PORTLAND Happy New Year!

6 Security Deposits 8 SHOPTALK – Alive at Five??

17 How to Ensure a Successful Business or Property Sale in 2014

10 IREM – Communication on the Fly 11 POWER HOUR – Double Your Property Management Productivity... In 30 Days!

METRO PORTLAND/VANCOUVER

Professional Publishing, Inc www.RentalHousingJournal.com

PORTLAN

Published in association with: METRO Multifamily Housing Association; Rental Housing Association of Oregon; IREM & Clark County Rental Association

How Deep Are Your Pockets? Liability Insurance is Important to the Financial Wellbeing of Your Business

By Ken Stewart, Capital Insurance Group Director, CIG Commercial Lines Earlier this year, a federal court judge ordered RadioShack to pay almost $675,000 to a 55-year-old employee who claimed that he was fired in retaliation after complaining of age discrimination. In February 2013, a California-based real estate services company agreed to pay $50,000 to settle claims that it fired an employee rather than extending her medical leave while she recovered from a stroke. And last year, a Nevada-based supplier of onsite portable toilets paid $50,000 to settle claims of racial harassment and retaliation filed by an AfricanAmerican driver for the company.

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Discrimination, wrongful termination, sexual harassment, hostile working environment, failure to promote – the range of grounds upon which employees can file suits against their employers is vast, and employees are suing more often and receiving greater judgments and settlements than ever before. The U.S. Equal Employment Opportunity Commission (EEOC) reports that almost 100,000 discrimination charges were filed in fiscal year 2012 against employers under EEOCenforced statutes, leading to more than $365 million in settlements and judgments. Jury Verdict Research reported a median compensatory award for EPL lawsuits in 2011 of $291,500 (Punitive Damages may not be covered in certain states).

Your business is at risk. Whether you are a huge conglomerate or a small neighborhood shop, if you hire and manage workers, you are at risk of being sued by an existing, former, or prospective employee. Even when you consistently treat your employees fairly and professionally, have employment procedures, policies, and handbooks in place, and have known your staff personally for years – it could happen to you. And even when employers can prove that they are not at fault, the costs to retain legal counsel, prepare a defense, and face possible litigation can add up quickly. According to recent statistics, defense costs for employment practices claims can exceed $100,000 per claim.

Current Resident or

How can you protect your business? Employment Practices Liability Insurance (EPLI) provides protection for an employer against claims made by past or present employees, as well as prospective employees who were never actually hired. It covers a wide span of employment-related allegations – including discrimination (age, sex, race, disability, etc.), wrongful termination of employment, and sexual harassment. Increasingly, in fact, investors are requiring companies to carry EPLI coverage, since they can also be held liable in suits relating to employment practices. It can happen to ANY firm, large or small. Small business owners may be tempted to think that only large companies are at risk of EPL claims. In fact, EPL lawsuits are among the largest and most common risks faced by companies both large and small. A 2009 discrimination claims survey* found that two out of three small business owners were concerned that employees might bring discrimination claims or other employmentrelated charges against them. And 60 percent were aware of new employment laws and legislation that could make it easier for workers to file an employment-related claim or lawsuit. The survey also revealed that 60 percent of those responding vastly underestimated how much it would cost to defend and settle an employment-related charge. In reality, it’s continued on page 3

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Top New Year’s Resolutions for Property Managers

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ere is a list of four resolutions that property managers should have on their list for 2014. None of them are difficult or require an immense amount of work, and all of them would bring rewards throughout the coming year. Start the New Year off organized. An organized landlord is a more profitable landlord. File your documents and paperwork logically and neatly in a file folder with brackets on each side of the folder. Two-hole punch the top of each document and file them in a way that works for you. Some landlords put all “pre-move in” documents on one side, and all other documents on the other. Being organized is simply a good business practice. Whether you manage one rental unit or a thousand, being organized and consistent will make you a better landlord and put more of the profit in your pocket. Aim for more work/life balance. Build down time into your schedule. When you plan your week, make it a continued on page 7

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President • Paul Hoevet Past President • Jeff Denson Vice President • Pam McKenna Secretary • Kirsten Bailey Treasurer • Chris Hermanski

New Beginnings

Paul Hoevet

Multifamily NW President

Multifamily NW steps into 2014 with a new name, a renewed affiliation with the National A p a r t m e n t Association and the addition of three Councils in Bend, Salem and Eugene. I am honored to serve as your 2014 President and I am committed to the Association’s success. It’s a New Year and with it comes the opportunity to set fresh goals for the year ahead. A quote from Benjamin Franklin states, “Without continual growth and progress, such words as improvement, achievement, and success have no meaning”. Our goal for 2014 is to continually improve the association, add value for our members, and pursue our mission to be The Association EDUCATIONAL OPPORTUNITIES January 10, 2014 12:00 PM - 1:00 PM It's the Law Lunch Time Series: FEDs - What Really Happens After Your Case Is Filed January 14, 2014 9:00 AM - 2:00 PM CAM: Legal Responsibilities

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Promoting Quality Rental Housing. What does this encompass? Further reach creating value for all members through access to more opportunities, enhanced networking events, improved communication through an updated website and dedicated vocal representation in the 2014 legislative session. Educational offerings including Certified Continuing Education Real Estate License courses, CAM, NALP, CAS and CAMT Designations, Fair Housing, Leasing and Customer Service, Landlord Tenant Law for Washington and Oregon, Monthly Member Luncheon Hot Topics, Maintenance training, Management and Financial classes, Risk Management, and many more. Legislative updates are sent out on a consistent basis ensuring our members are aware of changes to the

January 15, 2014 12:00 PM - 1:00 PM PDX Monthly Luncheon Legislative Update/New Forms January 20, 2014 7:30 AM - 10:00 AM New OSHA Requirements Certification Class (Salem, OR) January 21, 2014 9:00 AM - 12:00 PM NALP: Keys to Success in Leasing

law that may affect their compliance. Multifamily NW focuses on statewide efforts to make sure our voices are heard at the legislature across all jurisdictions. I’m look forward to working with all the members and volunteers that

The Rental Agreement is the indispensable blueprint of a tenancy’s financial expectations and operational rules. Landlords and property managers will want to make sure to have the newest version of the Rental Agreement for all new tenancies after January 1, 2014. Several law changes will come into effect that has made the new version of this form imperative. The

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Landlord/Tenant Law Update will keep you on top of the most recent changes in the rental housing law, assisting you as property managers and landlords to stay legal and out of court! This seminar covers the essentials of Oregon’s landlord/tenant law, with an emphasis on what’s new. While the legislation changes made this past session where modest, they will affect most landlords. Michael J. Ross, Slater Ross Attorneys, will bring you current on issues that affect landlords in the Portland area. Michael has 22 years of Landlord/Tenant expertise. There will be plenty of time available for your questions.

commit countless hours serving to make up this incredible association. Collectively, you all create the success of this organization. With your help, I look forward to a year filled with continual growth and progress.

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Rental Agreement offers the best way to safeguard your property and gives the ability to harness the take advantage of the protections written into the Oregon Landlord/ Tenant Act. The Rental Agreement is now 4 pages long including new parameters addressing Renter Insurance and changes to assessing non-compliance fees as a few of the many legal edits to this form.

February 3, 2014 1:00 PM - 5:00 PM Oregon Landlord/Tenant Law Part I February 7, 2014 9:00 AM - 12:00 PM NALP: Legal Aspects

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PLEASE RSVP IF YOU PLAN TO PAY AT THE DOOR! Portland Area Rental Owners Association is the newest chapter of Oregon Rental Housing Association’s 15 chapters. ORHA was formed by rental owners and property managers over 30 years ago. The associations across Oregon and many direct members represent over 4000 rental owners and property managers working together as one group for more effective landlord/tenant legislation and to speak with one voice. ORHA offers excellent landlording forms, education, seminars, meetings, and a strong network of support to help make you a better owner or manager.

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Deep Pockets ...continued from front page the smaller companies, with fewer resources, that are most vulnerable to the potentially significant financial hit of an EPL suit.

What makes sense for your business? Now more than ever, your business needs to consider EPLI coverage. A professional insurance advisor can recommend the amount of EPLI coverage you may need to protect your business. He or she can also provide you with the resources to develop a clearly written and regularly updated employee handbook, strong anti-harassment and anti-discrimination policies, and training for supervisors in HR procedures and

policies. Consider the potential costs of going without: Could your business afford to pay out hundreds of thousands of dollars – or potentially much more – to a disgruntled employee? Or even just the $50,000 to $100,000 it could cost for legal advice and fees to prove that a claim is fraudulent or groundless? Taken together with the escalating frequency and severity of EPL claims, the relatively low cost of EPLI seems like a much more prudent investment. * Source: http://www.hsbwhistlestop. com/agents/express/2010_01_discrimination.html

Editorial Correction: Our November edition featured an article titled: Changes Made to the Oregon Landlord Tenant Act. Our staff inadvertently ran the article without crediting the author or including the following byline: Cliff Hockley, President, CCIM Bluestone & Hockley Real Estate

Services. Mr. Hockley is a valued, long time contributor to our publications. We apologize for this oversight. Will Johnson Publisher

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The Housing Choice Act Of 2013, Otherwise Known As “The Section 8 Bill”: A Summary And Commentary For Oregon Landlords - Part 1

couldn’t improve on Ms. Hebb’s Summary 2013’s HB 2639 summary, which is provided below. Provisions Related to the Housing Ms. Hebb and I together served on Choice Voucher Program Oregon the Oregon Landlord-Tenant Law Laws Chapter 740 (2013) The Housing Choice Act of 2013, Coalition, which developed the Effective date: July 1, 2014 otherwise known as the “Section 8 Landlord-Tenant Omnibus Bill By Sybil Hebb, Oregon Law Center Bill,” will go into effect on July 1, (Senate Bill 91). Ms. Hebb is the Background: The Section 8 2014. This law includes federal rent Director of Legislative Advocacy at subsidies and other local, state, and the Oregon Law Center and is an Housing Choice Voucher program is federal assistance under the state’s attorney who is deeply knowledge- a federally funded program adminissource of income protections. No able about landlord tenant law in tered through housing authorities These vouchers are landlord will be forced to accept Oregon. We greatly appreciate her statewide. Section 8 under this law, but no land- permission to share her summary intended to help people with low incomes find housing in the private lord will be able to refuse to rent to with our ORHA members. someone solely because their income R elia Once Ms. bleyou’ve a nd completed pro a c tiv e –market that will maximize their Hebb’s article, please keep reading opportunities for success. Currently, is a Section 8 voucher. lity of lathe nds c ain pe As I began writing this article, I for qua my analysis ways which the program is not achieving its R elia ble a nd pro a c tiv goals: e – too many tenants struggle to Landscape received a copy of Sybil Hebb’s arti- this may ORHA m alaw inte naimpact nc eMaintenance c a rememfor cle on the Housing Choice Act. It bers and Oregon qua landlords. lity la nds c a p e find places where their vouchers will y our pro erty. be accepted, and fear of administrabecame rapidly clear to me that I Specializing in-Multi Familym a inte napnc e c a re for tive issues causes landlord relucShopping y ourCenters-Industrial. pro p erty. tance to participate. As a result, families have fewer choices and face R elia ble a nd pro a c tiv e – Emphasis on swale barriers to success. When vouchers qua lity la nds c a pe and vegetative corridor not accepted, “ W e ’re METRO, invCenters-Industrial. este dARIZONA in your are APT. NEWSthe important pubSpecializing in-MultiVALLEY, Family-Shopping Specializing in-Multi Familymaintenance andd in yourlic purpose of the housing assistance m a inte na nc e“ Wcestm reinv ea’re este inv efor nt.” Emphasis on swale, vegetative corridor maintenance program is undermined, and the staShopping Centers-Industrial. management. inv estm e nt.” y our pro p erty. and management. bility of low-income families is threatened. HB 2639 is intended to Emphasis on swale balance and meet the needs of vulInc. Ste v e nsonStevenson & Asso&&cAssociates, ia tes, Inc . Stevenson Associates, Inc. By Sybil Hebb, Oregon Law Center, with Comments and Commentary By Jim Straub, ORHA Legislative Director

R elia ble a nd pro a c tiv e – qua lity la nds c a pe Landscape Maintenance m a inte na nc eMaintenance c a reON-SITE-NW for SEATTLE Landscape y our pro p erty. Salsbury Industries

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nerable tenants and communities, landlords, and housing authorities. Procedural Overview: The language of 2013’s HB 2639, sponsored by House Speaker Representative Tina Kotek (D, Portland, was negotiated by stakeholders over months of regular meetings, beginning in September of 2012. Stakeholders: Landlords and representatives of the state’s three landlord associations; Tenant representatives; Housing authorities and their representatives; the Oregon Housing Alliance, representing broad community interests; and the Oregon Department of Housing and Community Services (OHCS). Key Features of the Bill Source of Income Protection: (Section 1) A landlord may not refuse to rent to an applicant or tenant, or treat an applicant or tenant differently from others, because their source of income is a Section 8 voucher or other form of housing assistance. • Amends ORS 659A.421(1)(d) to include federal rent subsidy pay...continued on page 5

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Section 8 Bill ...continued from page 4 ments under 42 U.S.C 1437f, and any other local, state, or federal housing assistance, in the definition of the term “source of income.” o Under Oregon’s current fair housing law, a landlord cannot discriminate against an applicant or a tenant based on the tenant/applicant’s source of income. However, current law

exempts housing assistance from the definition of the term “source of income.” o HB 2639 removes this exemption, effective July 1, 2014, and provides that Oregon’s “source of income” fair housing protections apply to applicants and tenants who are voucher holders or recipients of federal, state,

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RENTAL HOUSING JOURNAL METRO or local housing assistance. o Under the new law, a landlord may not refuse to rent to a person or treat a person differently from other applicants or tenants because their source of income is a Section 8 voucher or other form of housing assistance. • Amends ORS 659A.421(2)(a) to specifically clarify that this new protection does NOT prohibit a landlord from refusing to rent to an applicant with a voucher based upon the applicant’s past conduct or inability to pay rent, so long as the screening or denial is otherwise consistent with local, state, or federal law. o The value of the applicant’s housing assistance must be considered when assessing an applicant’s ability or inability to pay rent. Housing Choice Landlord Guarantee Program: (Sections 2, 3, 4, and 5) Improves upon a revolving fund

currently managed by OHCS to provide financial assistance to landlords to mitigate unreimbursed damages caused by tenants as a result of occupancy under the Section 8 voucher program. Tenants must reimburse the Program for amounts paid to qualifying landlords. Definitions: (Section 2) • Defines terms for the purposes of the Housing Choice Landlord Guarantee Program • “Housing Choice Voucher Program” means the Section 8 voucher program • “Landlord” means a landlord who has entered an agreement with a local housing authority to receive section 8 vouchers as full or partial payment for rent, and who has entered a rental agreement with a tenant who is a voucher recipient. • “Local housing authority” is a housing authority with a contract with HUD to make payments to landlords under the section 8 voucher program. • “Tenant” is a person/family eligible for a Section 8 voucher in a rental agreement with a landlord. ... continued in next edition of Rental Housing Journal Metro

Rental Housing Journal Metro January 2014

5


RENTAL HOUSING JOURNAL METRO

Dear Maintenance Men: By Jerry L'Ecuyer & Frank Alvarez

Dear Maintenance Men: I have a large apartment complex that has become the nesting place for several groups of pigeons. I have used owls, the high pitch sound, and sticky feet; of course the entire place is covered with the metal spike strips. The pigeons walk thru them and build their nest on top of the bent down spikes. I cannot buy poison corn anymore. What can I do to get rid of the pigeons?? Jill Dear Jill: Thank you for a great question. Looks like you have tried most of the common antidotes for getting rid of unwanted pigeons. The key is to make them as uncomfortable as possible and not stopping until they are

war of wills. If you give up, they will return. The area most be monitored constantly until the birds have found a new nesting area.

gone. First thing to do is clean the area with bleach to remove any pigeon nesting smells and spraying any stubborn pigeons with a water hose over and over. If the area lends itself to be closed off, put up netting to keep the birds from entering the area. If the spikes are broken, replace with stronger ones. Check at your local farm supply or the internet for stronger better quality spike strips. Getting rid of pigeons is a

Dear Maintenance Men: The wood fence patios on my property are not very old, yet the posts appear to be rotting out in the ground. I feel they should have lasted much longer. The fence now leans and is a danger. I will be replacing all the posts soon and want to know how to stop the posts from rotting in the concrete footings. Do you have a suggestion? Mark Dear Mark: Your problem is most likely poor drainage. The posts rot away because of excessive moisture. For a long-term installation, use either

redwood or pressure treated lumber. Dig your posthole at least 6 inches deeper than normal. Fill the bottom six inches of the hole with ½” sized gravel. Then set your post in place, level it and pour in another 2 or 3 inches of gravel. Fill the balance of the hole with Ready-Mix or Post-Mix concrete. Taper the top of the wet concrete at a slight angle to the post; that will help drain water away from the post. For added protection, you may want to consider water proofing your post with Thompson’s Water Seal or roofing tar. That should help keep your post healthy for much longer. Dear Maintenance Men: I am starting my planning for a major kitchen cabinet remodeling project in my rental units. However, I am havcontinued on page 9

Security Deposits Did you know that a recent industry survey determined that 1 in 4 renters do not receive their security deposit back after vacating a rental unit? Though reasons varied, one statistic in the survey clearly stood out – nearly 36 percent of renters

claimed that they never received a reason why their deposit was withheld. Their deposit simply wasn’t returned – an act that is illegal in almost every state. The temptation to forego an explanation can be overwhelming when

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staring at a completely trashed unit or home. Faced with the task of completing several thousand dollars in repairs before the unit is rentable, property managers may feel that providing the former renters with justification for retaining their security deposit is time-consuming and unnecessary. After all, the tenant knows they trashed the unit. But most states have laws that protect renters from unscrupulous landlords from keeping a deposit without justification; placing the burden of proving that damage occurred directly on the shoulders of the property manager. Today, most states have very specific laws in place for handling security deposits. While laws vary from state to state, in most cases property managers need to provide former tenants with a statement containing details on how funds from a security deposit are used to repair damages. Managers must also provide this

statement to former renters within a defined period of time – usually within 30 days of vacating the unit. It’s also important to note that simply providing former tenants with a brief explanation such as ‘cleaning’ or ‘damages’ is not sufficient – specific damages and repair/replacement cost must be included in the statement. It’s also a good idea to include a copy of the unit walkthrough that was completed when the tenant moved in. This will show that any damages being deducted are not for damages that were present at the time of the move-in. To avoid legal disputes and the very real possibility that you will have to return a security deposit to a tenant despite damages; be sure to do the following: • Complete a thorough unit walkthrough with the tenant • If possible, complete a second walk-through with tenant after move out continued on page 7

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RENTAL HOUSING JOURNAL METRO

Resolutions ...continued from front page

Security Deposites

batteries. Increase Productivity. Move just one routine task online such as creating an online maintenance request form for your tenants. There is a host of property management software available to make every day management a little easier. Whether you manage one unit or 25, property management software can help you manage your rental properties more effectively and fill vacancies faster. With features like self-service customer portals, powerful accounting and advanced marketing, you’ll not only save time and increase productivity, but also reduce costs. Property management software helps you easily manage tenants, leases, contracts, documents, vendors and more. Go Green. One strategy a landlord can employ to stand apart is going green. Using environmentally responsible practices can save money, attract more prospective tenants and help the environment. A landlord's office should be as green as the rental units themselves. Using email and telephone to communicate with tenants saves paper and also speeds up the process. Energyefficient computers, fax machines and scanners all use less electricity. Print fewer checks and pay bills online or sign up for online bank statements. While you may have

point to schedule time with your family and friends, and activities that help you recharge. Drop activities that zap your time or energy. Take stock of activities that don't enhance your career or personal life, and minimize the time you spend on them. You may even be able to leave work earlier if you make a conscious effort to limit the time you spend on the web and social media sites, making personal calls, or checking your bank balance. Rethink your errands. Consider whether you can outsource any of your household chores or errands. Could you order your groceries online and have them delivered? Hire a kid down the street to mow your lawn? Order your stamps online so you don't have to go to the post office? Even if you're on a tight budget, you may discover that the time you'll save will make it worth it. Get moving. It's hard to make time for exercise when you have a busy schedule, but it may ultimately help you get more done by boosting your energy level and ability to concentrate. Try to exercise at least 30 minutes 2-3 times per week. Don't assume that you need to make big changes to bring more balance to your life. Set realistic goals, like leaving the office earlier 1 night per week. Even during a hectic day, you can take 10 or 15 minutes to do something that will recharge your

many other resolutions set for 2014, definitely consider these as they are simple to implement and will no doubt benefit your business moving into the New Year.

...continued from page 6

• If damages are found, document

them thoroughly and list cost of repair on tenant statement • UTAH Be sure that the statement is sent out in the allotted time – usually Katie Poole – Hussa is a Licensed 30 to 45 days after move-out Property Manager, Continuing • In Part 2, I’ll provide an example Education Provider and Principal at of what a tenant security deposit Smart Property Management in statement should contain. Portland, OR. She can be reached with questions or comments at Katie@ By Mary Girsch-Bock in Business SmartPM.com. in BusinessPropertyManager.com a Service of AppFolio

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vailable for a limited time! Only one of its kind! Offer expires at midnight! These and similar phrases are used to make people “spring boldly into action.” They conjure up images of people rushing into department stores and retail outlets to take advantage of incredible offers on quality merchandise, especially during the holiday season. The advertisers and merchandisers are trying to create a sense of urgency in the minds of their customers; which will motivate them to take immediate action. They are in the “sales” business and want the customer to immediately purchase a product and part with some of their money! You may not have to meet monthly or quarterly sales “quotas,” but undoubtedly you have specific occupancy standards which must be met and maintained. Therefore, you need to rent a certain number of apartments each day, week or month to

8 #

Alive after Five?? achieve the goals set for your community. It’s no secret that in the Pacific Northwest, many prospective renters decide to hibernate for the winter and dig in their heels until after the holidays. The phone isn’t ringing off the hook like it was in July, and the few people who are moving, may or may not make it to your community before they decide to rent somewhere else first. A vacant apartment TODAY, could be “ringing in the New Year” with you on January 1st. The SECRET SHOPPER phoned three communities, looking for immediate availability. I told each consultant that I was new to the area and needed a place to live right away. Each leasing person seemed interested in helping me, but only one motivated me to visit immediately. My first call was answered promptly by a friendly voice. I stated that I was new to the area and needed to find a place right away. The

consultant asked where I was moving from and what was bringing me to the area. She then asked for my name and began to inquire about the specific needs and requirements that I had. It was a pleasant exchange that went on for several minutes. Once the consultant learned what was important to me, she began to talk about various openings. She said that I had called at a good time because there were a couple of great apartments to choose from. The consultant invited me to visit and told me the office hours. She said, “If I’m not here, anyone in the office can help you.” She gave me directions and closed with, “I hope to see you soon.” The next call I made was answered with a great deal of enthusiasm. The consultant asked for my name right away, and I could hear the smile in her voice as she spoke and offered her assistance. I explained that I was new to the area and needed to find a place to live right away. The consul-

tant asked questions to determine my needs and find out what was important to me. She told me there were only two apartments available, and briefly described the positive attributes of each one. She asked when I would like to come by, and we discussed the driving distance and the fact that it was raining. The consultant said, “It’s been kind of slow today because of the weather. If you want to wait and come by tomorrow, I’m sure the apartments will still be available.” I said, “I think I’ll do that.” The consultant said, “Great! I’ll see you tomorrow!” My final call was met with an energetic greeting and an immediate offer of help. When the consultant learned that I needed an apartment immediately, she said, “Well, you better get right over here because I only have one left!” I laughed and asked if she could tell me a little bit about it first. The consultant described the apartment interior, as well as the view. She explained that continued on page 13

MetroHousing Apartment Manager 2008 Rental Journal Metro• October January 2014


Dear Maintenance Men ...continued from page 6 ing a difficult time making material and design decisions. What recommendations can you give? Allen. Dear Allen, When doing a kitchen or bath material selection, cohesive and functional design is important. Kitchen and bath rehabs are some of the most expensive work you can do in an apartment unit and proper planning is a must. In order to appeal to a larger segment of the population, try to keep the interior color scheme to neutral earth tones. Cabinetry quality varies greatly. Don’t let the cabinet fronts fool you. Manufactures designed their cabinets to look good at first glance. Keep in mind, being in a rental environment, the cabinets also need to hold up to abuse. Look at the actual construction of the cabinet box or frame. Keep in mind; you do not need to use custom cabinets to fit your existing layout. The use of prefabricated modular cabinetry can greatly reduce the time and cost to have a finished kitchen or bathroom. Using real wood cabinet fronts with 3/8” plywood sides is essential for durability. The drawer fronts and sides should be connected with a dovetail or other positive lock construction. Drawers that are

held together by nails or cabinets built with particle board will not hold up to tenant abuse. On a side note; if you are gutting the kitchen or bathroom, use this time to relocate and add more electrical outlets and under cabinet lighting. QUESTIONS? QUESTIONS? QUESTIONS? We need more Maintenance Questions!!! To see your maintenance question in the “Dear Maintenance Men:” column, please send submission to: Questions@BuffaloMaintenance.com Please “Like” us on Facebook.com/ BuffaloMaintenance Please call: Buffalo Maintenance, Inc for maintenance work or consultation. JLE Property Management, Inc for management service or consultation Frankie Alvarez at 714 956-8371 Jerry L’Ecuyer at 714 778-0480 CA contractor lic: #797645, EPA Real Estate lic. #: 01460075 Certified Renovation Company Websites: www. BuffaloMaintenance.com & www. ContactJLE.com www.Facebook.com/ BuffaloMaintenance

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INSTITUTE OF REAL ESTATE MANAGEMENT President - Cammie Allie, CPM • President Elect - David Genrich, CPM • Treasurer - Stephanie MacPherson • Additional Officers - Julie Muir, CPM, Traci McCauley, CPM, Kathi Pearce, CPM, Tammy Mills, ARM, Kathi Pearce, CPM, Jeanna Rae Petty, CPM, Jennifer Gerritz, CPM, Chris Pasteur, ARM • CPM Admissions Contact - Traci McConley, CPM • ARM/ACoM Admissions Contact - Tammy Mills, ARM AMO Admissions Contact - Cliff Hockley, CPM • Education Contact - Kathi Pierce, CPM • Income/Expense Contact - Nutan Engels, CPM and Michelle Schiffer, CPM

IREM Chapter #29 11575 SW Pacific Hwy Suite 210 Tigard, OR 97223 (503) 228-0002 (503) 406-2003 fax

Communication on the Fly

By: Julie L. Muir, CPM Flight 201 to tower, come in tower. Over. Flight 201 requesting assistance with turbulent landing. Over. Tower to Flight 201, too much sta ic. Say again?

Much like air traffic controllers assisting pilots and their crews in landing planes at an airport, real estate managers are responsible for clearly directing their management teams, clients and vendors. Any misinterpretation, hesitancy or static on the line can spell disaster. As a real estate manager, you need to ask yourself how you can best assist your team members. How can you help them land their “planes” safely and on the correct runways? The answer is by being an effective communicator. ALL IN THE DELIVERY Each and every day I assist a variety of people an on-site manager, property management assistant, facility manager, leasing agent,

accountant, my supervisor, my clients, my vendors, office manager, broker, lender, attorney, all “pilots,” so to speak—coming to me for help. One of the key instructions taught in both property management and flight school classes is that how you deliver instructions is just as critical as the message provided. Technology is a blessing and a curse at the same time. A little blip on the radar screen means nothing without some live “chatter” to confirm all is well. Most of us like being connected on e-mail 24-7, 365 days a year with our Blackberries or iPhones. However, using this technology too much can make our interactions too impersonal. Remember the old days when people actually spoke to one another on the phone or in person? During an Executive Committee planning retreat, IREM® PastPresident Reggie Mullins, CPM, relayed a story about the trials and tribulations that one of her real estate managers had in getting a tenant to pay their past due rent. Reggie asked the manager several times if she had spoken to the tenant. The manager always replied, “Yes.” After a short time, Reggie asked the manager whether she had actually held a live conversation with the

tenant. “Well, no,” she answered. “I just sent e-mails.” Mayday! Mayday! As you may have guessed, Reggie immediately instructed her manager to speak with the tenant in person. And guess what? After a 15 minute live conversation, arrangements were made for the rent to be paid.

CLOSE CONTACT Nowadays, I receive 10 times more e-mails than I do telephone calls. And I’ve noticed that I’m taking on the habit of text messaging and e-mailing more and more as my main source of communication. It’s so fast and convenient! I am also not very comfortable with confronting or dealing with angry people. However, as the hub for my management team, this lack of in-person communication can lead to problems. E-mails require readers to interpret the written word. Without hearing inflection and tone, without seeing body language, and without that trust that comes from personal contact, it is often difficult to decipher the true meaning of someone’s e-mail or text. I used to have a difficult client who lived in California. Located in Oregon, I could only communicate

with her remotely on a regular basis. To be frank, I thought she was the meanest, driest, most disrespectful client on the planet! Then, one day we had the chance to meet in person at a pre-sale property inspection. When she spoke and I looked her in the eyes, it became clear that she communicated with a sense of humor that just didn’t come across online. Her dry, saucy communiqué was delivered with a smile and a wink. All that time I had dreaded meeting her, but when we were finally faceto-face, my entire perception of her changed. That brief in-person meeting altered our whole working relationship for the better. LIVE WIRED Air traffic controllers direct the flight paths of planes from a control tower. They have to know what aircraft are landing at the airport and what aircraft are taking off. They have to know when and where the planes will be arriving or departing, and at what altitudes. They must confirm that pilots have their instruc

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Rental Housing Journal Metro January 2014


RENTAL HOUSING JOURNAL METRO

Double Your Property Management Productivity… In 30 Days! By Ernest F. Oriente, The Coach {Article #214…since 1995} Double your personal productivity in 30 days? Is it possible? Absolutely! This article will provide three important steps for making the best investment you have ever made…an investment in you! Why is this critical? Because a small investment made today will yield huge dividends for you in the future. As a business coach since 1995, increased productivity is a popular topic with my property management clients. Why? Because finding a way to leverage small shortcuts, which generate large results, continues to be an important theme in the fast-paced world we experience today and the pace we can anticipate in the future. Using a recorder: Begin by using the recording features in your Smartphone to capture your voice thoughts and ideas. This is the perfect way for taking voice-notes while you are walking/inspecting your properties and these notes can be used to develop a checklist for your next team/maintenance meeting. Voice recordings are especially useful for dictating a company letter or memo as you can rapidly speak your ideas into your Smartphone and have a support person or your assistant actually do the typing for you, thus giving you the time to handle other more important tasks. Tip From The Coach: Your mind is a powerful tool but frequently it works in overdrive creating new ideas or solving problems, which distract you from fully concentrating on the task or person in front of you. Use your voice recordings to dump all your thoughts/ideas and then return to the task or project you are working on with a clear head. Start by capturing a steady-stream of your powerful ideas as voice recordings, and watch to see how many of these turn into great ideas! On a personal note, voice recordings are great for making grocery lists, for building a list of errands, or storing the notes from a cellular telephone call you have just completed. Learning to speed-read: On a daily basis you are bombarded with thousands of words/images/text messages and E-mails and it can be overwhelming just trying to keep up. Yet keeping up becomes more and more challenging with the pace of technology and the increased performance expectations in the property management profession. The solution…take a speed-reading course and learn how to triple your reading velocity and improve your learning comprehension, at the same time. Organizations, such as Evelyn Wood, offer one-day seminars for $149 and will teach you how to become a more powerful reader and give you a step-by-step plan for Rental Housing Journal Metro January 2014

increasing the comprehension of what you read and see. Tip From The Coach: Once you have learned to speed-read, you will no longer experience informationoverload because you will be able to grasp concepts and learn new ideas at a more joyful and fun pace. On a personal note, learning to speedread will help you become a dailylearner which will be critical to your continued success in the property management profession. Those who understand this important concept will be the future leaders in this industry. So…become a speed-reader and learn at least one new idea every day because one year from today, you will own a treasury of 365 new ideas! Developing a database: A database manager is powerful software that stores important information that can be quickly accessed, can easily store a person’s name, phone number, address, his/her type of business, and will even remind you when a variety of projects/tasks are due. The real power in having a database is being able to access a vendor, a supplier, a prospect or an industry expert in just seconds. Plus, you will be able to sort your database and print an endless variety of reports, telephone numbers, mailing labels and resident/prospect lists, which will increase your daily closing ratio and resident retention. Tip From The Coach: For database software consider purchasing ACT, Goldmine, Telemagic, Maximizer, Sharkware or Salesforce. com. Most database programs perform similar functions so ask those in your property management company which software they use and ask them to show you how they use it. On a personal note, a database is great for birthday reminders, for

printing labels when mailing holiday cards or for planning a family reunion. Want to hear more about this important topic or ask some additional questions? Send an E-mail to

ernest@powerhour.com and The Coach will E-mail back to you a free invitation to be a participant on a PowerHour conference call. continued on page 12

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RENTAL HOUSING JOURNAL MERTO

Double Productivity ...continued from page 11 Ernest F. Oriente, a business coach/ trainer since 1995 [31,500 hours], serving property management industry professional since 1988--the author of SmartMatch Alliances™, the founder of PowerHour® [ www.powerhour.com ], the founder of PowerHour SEO [ www.powerhourseo.com ], the live weekly PowerHour Leadership Academy [ www.powerhourleadershipacademy.com/pm ] and Power Insurance & Risk Management Group [ www.pirmg.com ], has a passion for coaching his clients on executive leadership, hiring and motivating property management SuperStars, traditional and Internet SEO/SEM marketing, competitive sales strategies, and high leverage alliances for property management teams and their leaders. He provides private and group coaching for property management companies around North America, executive recruiting, investment banking, national utility bill auditing, national real estate and apartment building insurance, SEO/SEM web strategies, national WiFi solutions [ www.powerhour.com/propertymanagement/nationalwifi.html ], powerful tools for hiring property management SuperStars and building dynamic teams, employee policy manuals [ www.powerhour.com/ propertymanagement/employeepolicymanuals.html ] and social media strate-

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gic solutions [ http://www.powerhour. com/propertymanagement/socialmedialeadership.html ]. Ernest worked for Motorola, Primedia and is certified in the Xerox sales methodologies. Recent interviews and articles have appeared more than 8000+ times in business and trade publications and in a wide variety of leading magazines and newspapers, including Smart Money, Inc., Business 2.0, The New York Times, Fast Company, The LA Times, Fortune, Business Week, Self Employed America and The Financial Times. Since 1995, Ernest has written 225+ articles for the property management industry and created 400+ property management forms, business and marketing checklists, sales letters and presentation tools. To subscribe to his free property management newsletter go to: www.powerhour.com. PowerHour® is based in Olympic-town…Park City, Utah, at 435-615-8486, by E-mail ernest@powerhour.com or visit their website: www.powerhour.com

Rental Housing Journal Metro January 2014


RENTAL HOUSING JOURNAL METRO

Alive ...continued from page 8 the “view apartments” don’t open up very often, and said this one was especially nice because of its southwestern exposure. The consultant said she had a model to show, and she could take me by the location of the apartment for rent. She told me they were still getting it ready, but that I could move into it by the week-end. The consultant asked if I had time to come over right now. She said she had another appointment in an hour and if I waited, the upcoming apartment would probably be gone. I agreed to come over within the next twenty minutes. The consultant then gave directions carefully, since I had stated I was new to the area. She suggested I bring along her phone number, in case I get lost so I could call from the road. Before we hung up, she asked for my number to be able to check back with me if I didn’t make it by. The consultant thanked me for calling and ended with, “I look forward to meeting you. I’ll see you when you get here.” What are you doing to create URGENCY when the telephone rings at your community? How do you convince the caller that what you have to offer is worth their time and

consideration? Your community may be just one of a dozen competing for their attention. Why should they visit YOUR place, and why should they DO IT NOW? Is there something about your apartments or community that stands out from all the rest? Could it be a unique floor plan or desirable location? What about the easy access to area conveniences or your sensational staff? Whatever it is, use it to create urgency to get your callers to visit TODAY! Tomorrow is TOO LATE! By then, they will have already rented from the leasing consultant who invited them to visit YESTERDAY!

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CLARK COUNTY RENTAL ASSOCIATION President • Lyn Ayers Vice President • Blain Cowley Secretary • Patty Silver Treasurer • Janine Ayers Membership Committee • Roger Silver Contact • Lyn Ayers • Phone (360) 693-0025 • info@ccrawa.org 5620 Gher Rd., Suite H Vancouver, WA 98662-6166 (360) 693-CCRA www.clarkcountyrentalassociation.org

Happy New Year for 2014! We have been waiting for a new beginning for some time. 2013 was good, and much better than previous years. Let’s focus on this year as being even better. So what does “being even better” mean? In all probability, this will mean different things to each one of us. However, I would venture to say that there will be a few items that we would nearly all appreciate. For example, what about more considerate tenants? How about 10% or more

President's Message rent increases? How about no maintenance or repair surprises? There are undoubtedly more examples I could present. But are these really realistic? Could we raise all our rents by 10%? Really? Would you expect tenants to be more considerate of landlords? Think about how many of them are in survival mode, only one paycheck away from being unable to pay their rents. Our properties will always need maintenance or repairs. A new home might have a poor roof installation and

experience a slow leak that after months of soaking the attic insulation finally shows a wet spot on the ceiling. The bottom line is that running our rental business could always be better. Being a landlord means being prepared for surprises. Managing rentals means knowing the laws and diligently following them. Having tenants means being sensitive to them and treating them fairly. 2014 gives us another opportunity to be better landlords, improve the

quality of our tenants, our units, and our bottom lines. I’ve said this before, and I say it again, be as knowledgeable as possible, treat people with respect, and follow the law and Fair Housing laws diligently. Focus on 2014 as being the best year you have ever experienced, whatever that means to each of us.

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Everything You Need to Know about Aid Animals

By Jim Straub, Oregon Rental Housing Association Legislative Director

The question I get most often about aid animals is whether one has to allow them, especially if you have a “no pet” policy in place. Of course, once you have aid animals in your rental properties, there’s even more to know. Many landlords decide not to allow any animals in their rentals and then aren’t quite sure about their rights when along comes a tenant with an aid animal. In fact, many landlords even think that an aid animal doesn’t change their “no pet/ no animal” policy? If you think that, you may need to think again.

Aid animals, companion animals, assistance animals – they all practically mean the same thing, and as long as your tenant has authoriza-

tion from a care provider, they all mean you generally have to allow them. If your tenant contacts you to say they have an aid animal, your first step is to get the legal authorization, and the courts have been fairly generous about who can write that authorization: physicians, psychologists, psychiatrists, social workers, case managers. (If you have questions about whether someone qualifies to provide the authorization, call your local rental owners association for clarification.) Then make sure you have the tenant and care provider sign two ORHA forms: ORHA #53 Reasonable Accommodation Request and Verification and ORHA #46 Assistance Animal Agreement. Generally speaking, if the proper authorizations are presented, you have to accept the animal. Because it is an aid device (just like a wheelchair), you can’t charge for it like a pet. That means no extra deposits or increased rent. If you’re in doubt about accepting the animal, just insert the word “wheelchair” into whatever statement you’re about to make. “I don’t accept (wheelchairs)” or “I charge extra for (wheelchairs)” may make it all a little clearer in your mind.

The one caveat to all this is reasonableness. In a very few instances it might be acceptable to contact the care provider in writing for clarification. I recently spoke to a landlord whose tenant wanted to bring five (yes, five!) aid animals into a studio apartment. It might be appropriate to contact the care provider to confirm. You don’t want to ask “why” they need the animals (that’s confidential medical information) or “if” they need an aid animal (they’ve already said they did). You could write, though, and find out if it absolutely needs to be five animals in such a small space. The same could go for a breed you usually don’t

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allow, say a pit bull. You could write and say that you know that the tenant is allowed an aid animal but ask if it has to be THAT animal. If the care provider says yes, you are probably stuck with it. Always weigh carefully, though, the risks of being accused of discrimination against writing to the care provider. Make sure you only write to the care provider in cases that appear to be very reasonable cases to question. Definitely call your local rental owners association first if you want to use this option. The financial risk of misusing it is too great! continued on page 19

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RENTAL HOUSING ASSOCIATION OF GREATER PORTLAND President • Elizabeth Carpenter Treasurer • Jon Moon Office Manager • Cari Pierce Member Services • Teresa Carlson Bookkeeper • Pam Van Loon

Happy New Year!

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other rental housing organizations and associated industries. To assist them in having the best rental forms, education, screening, mentoring and legislative representation for their members. We are working towards reaching out to smaller organizations to build a stronger landlord & property management alliance in Oregon. We do understand there are differences in city laws and that is where local organizations can help best. For the bigger picture RHA is

This New Year we are happy to announce our new Name for Rental Housing Association of Greater Portland drum roll please……… Rental Housing Alliance Oregon. This name change brings to light that we are here for all landlords in Oregon and to rally support from other industries that have similar concerns in the real estate industry. No matter where in Oregon, the laws are the same and we are here to help. We want to make an alliance with

Elizabeth Carpenter RHAGP President

here, just like we have always been, since 1927. Keep your eyes out for an easier to use website in the coming months. Our strategic planning retreat in November was very successful. RHA has a great bunch of volunteer Directors who are all working hard to make this a great organization. I really can’t say enough about all of them. Everyone has their passions and cares deeply about this organization. At the all day meeting the Board was able to identify goals for 2014 and the value of those goals for our members. Some of those goals include, growth in membership and affiliates/vendors, improving membership value and continuing RHA long term financial stability. We discussed the strengths and weaknesses of our organization to meet these goals. There was a great discussion on serving our affiliates/vendors. We know by doing so, we create tre-

mendous value for our membership and goodwill across our industry. One exciting new benefit to come, is the RHA’s plan to add meeting room space adjacent to the existing office. This will allow us to increase our class sizes, allow more people to attend and thereby improve our live educational meetings. The RHA also has plans to rent out this space to our members at a discount, as an added value to you and your local organizations who may have need. Our legislative lobbyist, Cindy Robert, has been an integral member in our strategic planning and has contributed significantly to 2014 plans. Keep an eye out for more to come from her in this bright and shiny New Year! Happy New Year from RHA we are excited for what 2014 has in store.

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RENTAL HOUSING JOURNAL METRO

How to Ensure a Successful Business or Property Sale in 2014 Surprise, It’s Not Only About The Price! Corporations are holding record levels of cash, interest rates are low and the housing market is rebounding. The result? Merger and acquisitions professionals are buying more businesses and high-end homes are selling faster -- Silicon Valley had a 26 percent increase in sales of $1.5 million-and-up houses in the first half of last year. If you’re considering selling a business or property in 2014 – while business is good and before mortgage rates climb – keep in mind: Focusing only on the price can short-change you in the long run. “A lot of sellers are rushing to close the deal because they’re worried about what may be around the corner,” says attorney John Hartog of Hartog & Baer Trust and Estate Law. “My first rule: Sell smart, not fast.” Sales of commercial properties were up 11 percent in the third quarter of last year, notes wealth management advisor Haitham “Hutch” Ashoo, CEO of Pillar

Wealth Management. “These sales can constitute a significant money event, so you have to consider how they may impact your future lifestyle needs,” he says. Adds CPA Jim Kohles, chairman of RINA accountancy corporation: “And you have to factor in how the transaction will affect your tax position. A great sales price doesn’t look so good if it costs you more in taxes.” The three offer these tips for a successful business or residential property sale:

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• Know the true value of your business! A surprising number of entrepreneurs have an unrealistic idea of what their business is worth, says attorney Hartog. He tells of a man who owned a large chain of fast-food franchises. “He told everyone he knew the business was worth $150 million. After he died … the business was sold for $35 million.” That resulted in a drawn-out lawsuit by relatives of the man

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continued on page 18

Ultimate Cleaning Solutions specializes in apartments move-in and move-out cleaning services. We will make sure that your vacated apartment or rental property is ready for the next client. First impression is important and therefore, our goal is to help you show your prospective client a polished, clean and inviting apartment! Ultimate Cleaning Solutions can make a vacant apartment, or office “move-in” ready by cleaning everything from top to bottom. You can feel confident that we are busy returning your rental to showcase condition. We are ready to help you! Our services include move in/move out cleaning services to apartment community managers and individuals owning rental property. We are your one-call apartment turnover solution.

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RENTAL HOUSING JOURNAL METRO

Successful Business 2014...continued from page 17 who accused the sellers of undervaluing the company. “Whether you’re selling a business or real estate, get it appraised,” Hartog advises. “It may sound obvious, but I’ve seen savvy business owners make big mistakes due to delusions of value.”

• How confident are you that the

transaction will help you maintain the lifestyle you want? Before their clients take one step toward moving forward on a significant sale, wealth managers Ashoo and his partner, Chris Snyder, analyze how it might affect them in the future. “This is a must-do step. You need to have

confidence that this money event will help you maintain your lifestyle until you’re in your 90s,” Ashoo says. He and Snyder run the transaction through an economic simulation factoring in major world and financial events since 1925, then use the information to project its future effect on

the client. “If we’re not 75- to 90 percent confident that it will help them reach their goals and maintain their lifestyle, we advise the develop a Plan B -- or not sell at all.”

• The pre-tax price and the aftertax price must both be part of the negotiations. Getting the highest price for your business won’t result in the most net gain if you end up paying a high tax rate on the proceeds, notes accountant Kohles. If you sell the shares in your company, you’ll pay a lower tax rate. If you sell the physical plant, you’ll pay a higher rate. In the first case the buyer is on the losing end of the tax question; in the second you are. “You have to package the deal so that there are some tax advantages for both of you; this is where having professional help is crucial,” he says. If you’ve taken depreciation on the equipment, you’ll pay a higher rate. Sales of some assets, such as patents, are taxed at the lower capital gain rate. Selling your goodwill – elements of the business that relate to the value of your relationships – allows your buyer to write off depreciation.

Call Gary at 503-490-1993 for more information.

About John Hartog, Haitham “Hutch” Ashoo & Jim Kohles: John continued on page 19

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RENTAL HOUSING JOURNAL MERTO

Successful Business 2014...continued from page 18 Hartog is a partner at Hartog & Baer Trust and Estate Law in Orinda, Calif. He is a certified specialist in estate planning, trust and probate law, and taxation law. Haitham “Hutch” Ashoo is the CEO of Pillar Wealth Management, LLC, in Walnut Creek, Calif., specializing in client-centered wealth management. Jim Kohles is chairman of the board of RINA accountancy corporation of Walnut Creek, Calif. He is a certified public accountant specializing in business consulting, succession and retirement planning, and insurance. All three advise ultra affluent families. If you would like to run the above

article, please feel free to do so. I am able to provide images if you would like some to accompany it. If you’re interested in interviewing any of the experts mentioned or having them write an exclusive article for you, let me know and I’ll gladly work out details. Ginny Grimsley National Print Campaign Manager News and Experts 3748 Turman Loop #101 Wesley Chapel, FL 33544 Tel: 727-443-7115, Extension 207 Twitter: @PrintcessGinny www.newsandexperts.com

Aid Animals ...continued from page 15 Finally, just like a wheelchair, owners are responsible for damage done by their aid animals. If a wheelchair did damage to your carpet, the tenant would be responsible. The same principle applies to aid animals. Do your inspections and if there is damage, bill the tenants. If they won’t pay or the damage doesn’t stop or is severe enough, you can even serve ORHA #38 – Notice of Termination with Cause, meaning the tenants pay for the damage and make sure it doesn’t happen again or the animal has to leave the property. The law says you

must allow the animal as a reasonable accommodation, but you don’t have to allow the damage caused by the animal. You also don’t have to risk losing other tenants if the aid animal is barking incessantly or acting in a threatening way to others. If this happens, a warning notice or a Notice of Termination with Cause would be applicable in this situation as well. In other words, while you might have to allow the animal, you don’t have to give the animal or tenants cart blanche for their behavior. You still have rights as a landlord, so don’t be afraid to exercise them.

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