Rental Housing Journal Utah
August 2015 - Vol. 7 Issue 8
4. Board Chair’s Message
UPCOMING EVENTS
General Membership Meetings All meetings 7PM - for addresses go to www.uaageneralmembershipmeetings.com
7. Ask the Attorney Director’s Message
Upcoming Events Economic Forecast......................... Sept. 15th UAA Legal Cruise ............................ Nov. 28th Tribute Awards .................................Sept. 24th
Ogden .................................................Sept. 22nd Orem ....................................................Sept. 23rd Salt Lake City...................................Sept. 24th
www.rentalhousingjournal.com • Professional Publishing, Inc Official Publication of The Utah Apartment Association Utah’s Leading Advocate for the Rental Housing Industry – 888-244-0401 – WWW.UAAHQ.ORG
Background Checks Essential for Your Success
Reverse Tradeshow A Success
By L. Paul Smith, CAE Executive Director, Utah Apartment Association
Conducting background Checks The UAA recommends every landlord do what we call a “Five Finger” background check on all applicants. The Five Fingers are: • Credit • Criminal • Financial (Income, employment and overall stability) • Current Landlord • Previous Landlord Verifying all five areas reduces risk significantly. It is easy for an applicant to lie or misrepresent in one or two areas but checking five aspects of their history makes it much less likely they will succeed in hiding bad history or serious concerns from you.
Goals of Tenant Screening The purpose of tenant screening is to determine if a tenant is a reasonable risk. The four things landlords should look for are tenants who will: • Pay on time • Not commit crime • Not bother the neighbors • Won’t damage the property
S
alt Lake City – On Tuesday August 18th the UAA held a record breaking reverse trade show that raised $12,411 for the UAA PAC. “This was a record breaking year,” said Kirk Cullimore Jr. “Our goal for the PAC this year is $100,000 by year end so this money goes a long way towards our 2015 goal.
The reverse trade show is a forum where company owners and executives volunteer two hours and sit behind a table. Suppliers and service providers, buy tickets to the event and get undivided attention of decision makers for 5 minute increments. “It’s a little like speed dating,” said RileeJo Stone. “People sit down across
from each other and every five minutes we ring a bell and they move. It’s a high energy blast. Everyone, even the property managers that get hounded for two hours by vendors, love it.” “The Reverse Trade Show is a great opportunity for property managers to meet prospective vendors. And it’s a great way for vendors to get in front of ...continued on page 3
Mandatory Section 8 Laws Overturned in Two States
A good screening process can save thousands of dollars in damage, legal costs, lost rent, etc. Don’t use your gut instinct or cross your fingers that everything will be ok. Mistakes are too costly. Use the “First Qualified Appli-
Professional Publishing Inc., PO Box 6244 Beaverton, OR 97007
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...continued on page 2
A
ustin, Texas – Responding to complaints from the rental housing industry about mandatory section 8 laws passed by the city of Austin, the Texas State Legislature recently passed a state pre-emption law prohibiting mandatory section 8, making it the second state to enact such legislation in 2015. “Government subsidy programs like Section 8 and Medicare were designed
to be voluntary,” says Kirk Cullimore Jr., UAA Government Affairs Committee chair. “But tenants groups in 13 states and many cities convinced government leaders that they should require landlords to take these voluntary federal funds and all the accompanying regulations and restrictions.” They do this, says Kirk, by making section 8 recipients a protected class called source of income, and making it illegal under
state fair housing law to discriminate against them. “Mandatory section 8 laws are grossly mislabeled by tenant’s advocates,” says Texas Apartment Association Government Affairs director David Mintz. “They call them source of income as a protected class, but in reality they require landlords to take section 8 vouchers and work with a voluntary federal program many landlords would not ...continued on page 6
Advertise in Rental Housing Journal Utah Circulated to over 6,000 apartment owners, on-site and maintenance personnel monthly. WWW.RENTALHOUSINGJOURNAL.COM
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Rental Housing Journal Utah
Background Checks... continued from page 1 cant Rule” - take one applicant at a time, compare them to pre-created “rental criteria”. Never look for a “best match” or compare applicants to each other.
Rental Criteria The UAA recommends every landlord or property manager create a list of rental criteria, (samples are available from the UAA), that clarifies what your standards for occupancy will be. Each prospect is then measured up individually against the criteria in order of application. If they qualify, the apartment is rented and a lease should be signed within 24 hours. Credit Checks When checking someone’s credit, you must have their consent. They give this by signing the rental application. You never want to accept a credit or criminal report from an applicant. Always use a third party like the UAA or another company. The credit report contains many important pieces of information about a tenant’s consistency in paying obligations, how much they owe and to whom, if they have judgments against them that could be garnished from their wages (making it impossible to pay rent) their previous addresses, and more. Be sure to not just look at their credit score but at the types, amounts, and payment history of their individual credit accounts. To a landlord, the riskiest things on a credit report are generally: • Bankruptcies • Judgments and collection accounts • Evictions, foreclosures, and repos-
Landlord programs in 10 Utah cities agree to be selective by not renting to people with some types of recent criminal history.
sessions (shows using things without paying) • Utility collection accounts (shows they can’t get the utilities in their name)
Income and Employment Checks A fundamental principle of contracts and obligations is that it is prudent to make sure people have the wherewithal and consistency to meet their contractual obligations. Doing financial checks that include verifying income, assessing whether someone has enough income, and assuring the income is regular and consistent is a key part of doing a successful background check. Common methods of conducting employment and financial checks are:
Many landlords have a policy that someone who doesn’t have great credit can still qualify by putting down more deposit or having a co-signer. Be sure you implement it consistently to everyone in order to avoid discrimination complaints.
Criminal Background Checks Modern society contains many prospective renters who have serious criminal history that may make them a significant risk as a tenant. Landlords are encouraged to carefully evaluate a renter’s criminal background. Four of the riskiest types of criminal behavior are crimes of violence, drug possession or distribution, property crimes and sex crimes. Individuals who have committed one of those crimes in the last few years are highly likely to do them again. So it is not uncommon for landlords to require some time to have passed since conviction before they will rent to an individual with certain criminal history. In the state of Utah, ⅔rd ’s of people who are on Parole or Probation are statistically more likely to be sent back to jail. When they are, it is highly unlikely they can continue to pay rent or honor their contract. Landlords are encouraged to consider the risk they are willing to take when renting to individuals who are on parole and probation and make an informed decision. NOTE: Landlords who participate in Good
• Calling employers • Reviewing pay stubs, tax returns or CPA prepared financial statements
Rental History Verification One of the best indicators of future performance is past performance, so landlords are encouraged to verify an applicants rental history. Call two previous landlords if possible. Ask “objective” questions that involve a yes or no answer like: • Did they pay their rent on time? • Did they have any pets? • Did they violate any of your lease provisions or house rules? • How many occupants did they have? • Did they give proper notice?
2nd Annual UAA Cruise!
Denying Applicants If you deny applicants for credit reasons, federal law requires that you give them a letter stating they were denied because of credit. If denial is for any other reason, you may give them written or verbal notice. Be sure to immediately refund their deposit and wish them well in finding another place. What to do When You Approve Them Get them to sign a rental agreement immediately! Within 24 hours is the policy of most professionals. This prevents them from canceling on you after you start turning others away. Even if they don’t move in for several weeks, having a rental agreement in place will protect you from them canceling, and protects them from you changing your mind. It’s a win/win document. Getting a rental agreement before they move in also allows you to go over the rules, expectations and obligations under the contract. Most landlords give renters a list of the things they will need on move-in day including: • First month’s rent • Account numbers for all utilities
• Did they leave on time? • Did they owe you any money when they left?
• Proof of renter’s insurance (like mortgage companies require owner’s insurance)
• Were there any complaints or police incidents?
Providing Advocacy and Education to Landlords and the Multi-Housing Industry Since 1934
Don’t ask questions like “would you rent to them again” or “were they a good tenant”. These allow bias and opinion to creep in. It is better to obtain facts from previous landlords you can use to determine if they meet your unique rental criteria than it is to obtain an opinion.
www.uaahq.org
Office: 801-487-5619 Toll Free: 888-244-0401 448 E. Winchester (6400 S.), Suite 460 Salt Lake City, Utah 84107
Good Landlord Class
General Membership Meetings
This class qualifies you for a discount on your business license State wide.*
www.uaaGeneralMembershipMeetings.com
Salt Lake @ UAA Office September 26, 8:30 AM South Ogden @ City Hall
September 9, 6:00 PM
Topics:
Crime Recognition and Prevention Liability Protection
Ogden @ Northern Wasatch Board of Realtors September 22, 7:00 PM
Learn more at: www.uaahq.org/cruise
If you have any questions feel free to email papayatravel@gmail.com
Orem @ Century 21/Harmon Building September 23, 7:00 PM
UAAPAC
Utah Apartment Association Political Action Committee
Protect your business and make your voice heard. The UAAPAC is scaling back overzealous regulations, limiting fees and taxes, and protecting your property rights. Be proactive, donate today!!! www.uaahq.org/uaa-pac
“I donate to the PAC because it’s critical we have a strong voice on capitol hill and our PAC helps us build relationships with and help keep in office those supportive of our industry.” Gloria Froerer Century 21 Property Management
“I donate to UAAPAC because the only way to protect our industry from over reaching government regulation is to be proactive in building relationships with all levels of government.” Kirk Cullimore Landlord Attorney
~ UAA PREMIER SPONSORS ~
*The discount applies to municipal business licenses that require landlord education for a lower annual fee.
For more classes go to:
www.GoodLandlordTraining.com www.uaahq.org/upro/ The Utah Professional Rental Operator course was created to provide training for rental property manager professionals. 32 hours of Core CE credit is available for licensed Utah Real Estate professionals. Accredited by the National Apartment Association advance your career and become a Certified Apartment Manager.
Salt Lake City @ UAA Office September 24, 7:00 PM
Events Economic Forecast UAA Legal Cruise Tribute Awards
Sep. 15 Nov. 28 Feb. 12
UAA Landlord Guide
Provides essential information for
understanding basic landlord/tenant law and best practices all in one place. Free with association membership.
UPDATED 2015
NOT A MEMBER? JOIN TODAY!!! Online: www.uaahq.org Toll Free: 888-244-0401
Did you know that as a member of the Utah Apartment Association, you are also a member of the National Apartment Association?
August 2015
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Rental Housing Journal Utah · August 2015
Rental Housing Journal Utah
Reverse Trade Show... continued from page 1 decision makers they would normally not have a chance to meet. It’s really a great event,” said Robert Watson with WSI services and 2015 Associate Members chair.
Blue Rim Networks
$288
Hightech Signs
$169
CertaPro painters
$288
Indatus- Real Page
$169
Clarke Wholesale
$288
Instant Rental
$169
The following companies participated and donated this year:
Hardy MFG
$288
Interwest Concrete Lifting
$169
Light Energy Development
$288
Kandace Brewster Insurance Agency
$169
Apartment Guide Rent.com
$526
Mohawk Industries
$288
Mac-Gray
$169
Sherwin Williams
$526
Shield Safety
$288
National Credit Systems
$169
For Rent
$407
Smart Housing
$288
Nive Lives Media
$169
Redi Carpet
$407
Surface Restoration
$288
Precision Concrete Cutting
$169
Law Office of Kirk Cullimore
$400
Apartments.com
$169
Precor Commercial Fitness
$169
Property Pond
$400
Big T Recreation
$169
Real Page
$169
Rent Dynamics
$400
CORT
$169
Reliable Parts
$169
Rentler
$400
Delta Disaster Services
$169
Realtor.com Rentals
$169
Western Reporting
$400
Evans Commercial Laundry
$169
Renters Legal Liability LLC
$169
WSI
$400
Ferguson
$169
$169
Aldous & Associates LLC
$288
FitLogistix
$169
Satisfacts Research and Apartment Ratings
Alpine Cleaning
$288
Hainsworth Laundry
$169
Shinetowing
$169
Squire & Company
$169
Thank you!
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Utah Apartment Association
Board Chair’s Message
448 E Winchester St Ste. 460 Salt Lake City, UT 84107 Ph: (801) 487-5619 Fax: (801) 484-8649 www.uaahq.org
PAC Money Is Needed To Accomplish Our Work
Cheri Goss, Board Chair, Utah Apartment Association
This year the UAA has set a goal to raise $100,000 for our PAC. As the 2015 President, I want you to know that I am proud to say that I am a personal supporter of the PAC and have personally contributed to the PAC. The money we raise is leveraged very effectively to accomplish our goals and protect our industry. Let me share a little with you about how we spend PAC funds.
NAA and Federal Issues This year UAA members will contribute about $10,000 to the National Apartment Association’s federal PAC. This money is donated directly to federal elected officials who have a direct influence on our issues. The NAA PAC cuts checks to our Utah senators and representatives which UAA members then deliver personally. This helps us build personal relationships with elected officials from both parties, and help them understand how federal laws affect rental housing. State and Local Elections Most of the funds we raise for the UAA PAC are contributed to state and local elected leaders and candidates who care about property rights and rental housing. We are privileged to have a governor, a senate president and
a speaker of the house who all own rental properties and care about how laws affect property rights and our ability to conduct professional operations. We need to keep the good leaders we have and assure there are others who support entail housing issues.
Effective Lobbyists Now I understand some people cringe at the word lobbyist, but every industry needs people who can articulate their positions on issues and effectively explain how laws affect property rights and our business. Our lobbyists are the very best in Utah and help protect our industry. They know how to navigate our political system and educate leaders who make decisions that affect us.
Please help us out this year
In the next four months we will have many opportunities and you will be asked several times to support our PAC. We ask everyone to support individually according to your ability. Giving just $10 or $20 goes a long way. Those who have the means we ask for even more. Each year many individuals who have done exceptionally well in rental property give $1,000. Since property management companies and apartment properties benefit enormously from the lobbying efforts that the PAC supports, we ask them to give as well. For apartment communities we ask $500 a property. For property management companies, we ask $500. I can assure you that the UAA is a good steward of this money and leverages it effectively for the benefit of our industry. Thanks in advance for your contribution.
Check us out online at W W W . R E N T A L H O U S I N G J O U R N A L . C O M
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Rental Housing Journal Utah · August 2015
Rental Housing Journal Utah
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Rental Housing Journal Utah
Section 8 Laws Overturned... continued from page 1 choose to on their own.” While Mintz says the section 8 programs work just fine for some landlords, he and others point to many components of the section 8 program that are either burdensome or require landlords to give up their rights. Examples include having to agree to accept reduced rents/rent increases, being subject to onerous inspections, and having to give up their own lease and sign a government contract (called the HAP, or Housing Assistance Program contract) that takes away a lot of their rights. “What few people understand is that when you are forced to sign the HAP, you give up the right to evict tenants for problems caused by their guests, you can’t evict tenants if the government for some reasons doesn’t pay on time, you lose the right to ask them to leave without a reason when the contract is up, and are forced to accept many other restrictions, says Cullimore. According to Cullimore, housing authorities, the entities that administer section 8 funds, sometimes can be as late as 90 days paying rent. “In my mind a “voluntary” federal program should really be voluntary,” says Mintz, and laws that require landlords to participate in “voluntary” programs should be changed. That’s why after unsuccessfully attempting to work with the city of Austin, the Texas Apartment Association felt their only option was to have the legislature step in. Texas wasn’t the only state this year to deal with mandatory section 8 laws. Indiana also passed a similar statewide law in response to a similar push for mandatory section 8 in the city of Indianapolis. “Tenant groups say that requiring landlords to accept section 8 is the only way there will ever be enough rental units for families that receive vouchers, but we showed that simply wasn’t true,” say Lynne Petersen, Executive Director of the Indiana Apartment Association. Petersen says that many landlords are not only willing to accept vouchers and the restrictions that come along with them, but many properties were built specifically to cater to these programs. She says the Apartment As-
sociation showed that in Indiana there has never been a case where someone had to turn a voucher back in because not enough landlords were willing to accept vouchers. Cullimore says while many doctors are willing to jump through hoops and deal with red tape and caps on fees to take Medicare, others don’t want to and are allowed not to.
to use taxpayer dollars to support tenants who have been evicted or were a serious problem the last place.
“Doctors can opt out of Medicare - we think landlords should also be able to opt out of section 8.”
Neighbors were very upset. “Normally you could evict a tenant for the behavior of a guest they should have been supervising, but the HAP contract prevented this and they had to let the tenant stay. “It’s one thing to give up that right (to evict) voluntarily, but Utah law forced us to take section 8 and effectively tie our own hands.” Steve Erickson, a tenant advocate who was instrumental in getting mandatory section 8 passed in Utah in the 90s, thinks the law should stay. He says he worries that if landlords could opt out of section 8, some low-income tenants would have a harder time finding a place to rent. Cullimore says the argument that there won’t be enough places for section 8 if the law changes is based on emotion not facts. “Of the approximately 300,000 rental households in Utah, only about 1% receive section 8 vouchers,” he says. He points out there are over 1% of the rental units that were built using section 42 low income housing tax credits and that all of those take section 8. He also estimates a high percentage of landlords will continue to take section 8 on some properties. “If even 10% of the units do,” he says, “that will be ten times what’s needed.”
Utah is one of the 13 states that require landlords to take section 8 vouchers even if they don’t want to. After seeing what just happened in Texas and Indiana, Cullimore is planning on asking the Utah Legislature this coming session to allow landlords in our state to opt out of section 8 programs, and also to be able to choose which housing authorities to work with. “Some of our housing authorities in Utah, like Salt Lake County and Provo City, are great to work with and respectful to landlords,” says Cullimore. He encourages clients to continue to work with the good agencies, but thinks a law that allowed choice would go a long way towards forcing housing authorities who are abusive to landlords to change. According to Cullimore, housing authorities are supposed to administer the section 8 program for the benefit of both landlords and tenants and be a neutral party. But, he says, staff often see themselves as tenant’s advocates and behave as such. He also complains the housing authority’s policies and systems cause many problems on their own. “I can’t tell you how many problems our landlords have had with housing authorities messing up payments, making unfair deductions, writing threatening letters to landlords, and not providing good customer service,” he says. But the two things that upset Cullimore and his clients most are the restrictions on doing evictions and that housing authorities, who are supposed to not work with tenants who’ve been a problem for a previous landlord pass them along, continue
Cullimore points to a case where a family member of a section 8 tenant had killed and tortured a cat on the apartment property.
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Rental Housing Journal Utah · August 2015
Utah Apartment Association 448 E Winchester St Ste. 460 Salt Lake City, UT 84107 Ph: (801) 487-5619 Fax: (801) 484-8649 www.uaahq.org
Director’s Message
2016 Draft UAA Government Affairs Agenda L. Paul Smith, CAE Executive Director, Utah Apartment Association
dence to property managers (in addition to the owner) • Allows landlords to opt out of the program on some properties without losing their good landlord status on all properties • Caps fees for GL participants and non-participants
Each year, the UAA government affairs team begins early planning what issues to take before the Utah state legislature. This year is no exception. We expect to have a busy year at the 2016 legislature. Below are some of the issues we are planning on dealing with.
Good Landlord Legislation Representative Gage Froerer is spearheading legislation that was delayed last year to adjust good landlord/disproportionate business licensing programs at the city level. Many groups have been involved in the process, including the cities, tenants groups and the real estate industry. The legislation, which is nearly drafted. Does the following:
• Tweaks education requirements so that cities may only require 4 hours training initially and only 2 hours thereafter • Requires training be approved by the division of real estate • Allows disproportionate fees to be passed on to the tenant
pate in any federal or state program.
Constable Reorganization Bill Senator Osmond is running legislation we are supporting that would allow more constables to be appointed. There are currently not enough constables to serve notices and process evictions. Meth Rules Bill The state and local health departments over the past few years have, in our opinion, tilted contamination laws in favor of the cleanup industry, and are doing things to create and ensure business for meth decontamination specialists at the expense of the real estate industry. We plan on dealing with this by running legislation that would:
No Mandatory Section 8 Bill • Prohibit composite sampling (a unIn light of recent victories in Texas scientific “short cut” meth test that and Indiana rolling back source of infails many units that would not fail if come protections (which really mean the proper testing were done) mandatory section 8), we plan to do the same thing here by adding the follow• Instruct the health department to ing to our state fair housing act: reconvene a committee on the meth VALLEY, METRO, NEWSand involve all parties regulations 57-21-3 adding a (10) ARIZONA APT. (currently the health departments (10) This chapter does not require that • Prohibits cities from requiring land- any person be required to participate in favor the remediation industry and lords turnover copies of credit re- any governmental program nor require won’t include the real estate indusports or leases try) that any person is required to modify or change its contracts or sign any other • Prohibits cities from requiring any • Fix that dueling language that testers contract. It shall not be deemed a disdocuments to be notarized have to give results to health departFeb, Apr, Jun, Aug, Oct, Dec criminatory housing practice under ments versus owners can do testing/ • Requires cities to send corresponsource of income to refuse to particiremediation themselves and clean it
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up without involving the health department • Raise Utah’s meth contamination standard to at least California’s level or higher • Prohibit companies that do testing from also doing remediation due to conflict of interest.
Fit Premises Revisions including: • Pre-emption on mandatory recycling programs for rental housing • Banning Inclusionary zoning (a practice where cities require apartments to have a certain number of “affordable units” and • Prohibiting Mandatory benchmarking (a practice where building get an energy score and can be shamed for high energy usage, most of which landlords don’t control – tenants do)
Affordable Housing Funding Utah spends much less on affordable housing than almost any state in the country. Before it becomes a crisis, we are committed to finding more money in our state budget for affordable housing and creating effective programs for delivering affordable housing units for Utah families.
Ask The Attorney
A Notice of Deficient Conditions First, it would be a good idea to conVALLEY, METRO, ARIZONA tact an attorney to make sure you handle the notice properly. If the notice of deficient conditions was served on you properly, you should ask: is the tenant in compliance with the lease agreement? If the answer is no, the tenant cannot take advantage of the remedies My tenant just served me with a allowed for under the fit premises act. Jan,Conditions. Mar, May, Notice of Deficient What Jul, If theSep, answer Nov, is yes, the next question 1010 East 62nd Street, Los Angeles, CA 90001-1598 should I do? you should ask is: do I want to continue Phone: 1-800-624-5269 • Fax: 1-800-624-5299
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the landlord/tenant relationship? When APT. NEWS a landlord is served with a notice of deficient conditions, the landlord can either fi x the problem listed in the notice within the time period described in the notice, or, the landlord can chose to not fi x the problem and terminate the lease. If the landlord chooses to terminate the lease, the landlord needs to provide the tenant with written notice of the termination and notify the tenant that they
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Rental Housing Journal Utah
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Rental Housing Journal Utah 路 August 2015