Rental Housing Journal Utah April 2016

April 2016 - Vol. 8 Issue 4

Rental Housing Journal Utah

2. President’s Message Government Affairs: Primary Focus of the UAA 3. Director’s Message – April is Fair Housing Month – You Will Be Tested!

5. Industry News

UPCOMING EVENTS

7. Ask the Attorney – True or False

General Membership Meetings Landlord Tax Seminar with Mark Kohler

UAA Office ............................. Apr 27th 7pm

EVENTS

TRADE SHOW

South Towne Expo Center ................ Apr 27th www.UAATradeShow.com

www.uaaGeneralMembershipMeetings.com

Good Landlord Class

www.GoodLandLordClass.com

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

Using Rental Criteria to Avoid Violating Fair Housing law

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pril is Fair Housing month and a good time to brush up on ways to avoid discrimination claims. One of the best ways to avoid discrimination claims is to have a list of the criteria you use when evaluating a tenant. It is better to have objective criteria and use those than to compare people to each other or use you “gut instinct” to evaluate if someone is qualified to rent from you.

It is natural for owners to want to compare prospects against each other. But BEWARE! Because of Federal Fair Housing Laws this can get you in trouble. Here is an example: A landlord puts a sign in front of their duplex for rent. At 9:00 am Marie shows up with two children, looks at the property and decides she wants it. While she fills out the application her children run around the yard and are loud. At 10:00 a nice looking young man, Derek, shows up. He tells the landlord he is starting law school at the local university, is actively involved in his church, and that he

R

Utah Apartment Association’s Unequaled Commitment to Fair Housing

ecently a Fair Housing advocacy group that was upset at the Utah Apartment Association over a policy difference that they refused to partner with us on a group initiative because they didn’t want it to look like they and UAA were “equally committed to Fair Housing”.

While meant as a slight, it illustrated a point all property managers, landlords and industry members should always remember about the Utah Apartment Association – that no organization in Utah is as committed to, or has been as effective in advocating for and protecting Fair Housing Rights! Unlike some organizations who claim to advocate

for Fair Housing Rights, the UAA doesn’t use government money taken from taxpayers, or administrative fines taken from landlords to do it.

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continued on page 4

Passing Fair Housing Testing Paired Testing

continued on page 4

Professional Publishing Inc., PO Box 6244 Beaverton, OR 97007

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et’s be honest, no one likes tests! But when failing a certain test can lead to fines or law suits, it is especially important to be prepared. In Utah the Disability Law Center conducts testing to verify landlords are complying with

Fair Housing law. While most will be on disability issues, tests can be for any of the protected classes: race, color, sex, religion, country of origin, disability, familial status, source of income, sexual orientation and gender identity.

Advertise in Rental Housing Journal Utah Circulated to over 6,000 apartment owners, on-site and maintenance personnel monthly.

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When the DLC tests, they generally use paired testers. This means they send (or have call on the phone) two applicants. They measure if the two prospective applicants are treated the same. One tester is not in a protected class (the “control” tester).

The other is (the “protected class” tester). The tests are normally done on the same day, to the same leasing person or landlord. If any red flags are discovered, the DLC orders a second test. If both tests suggest the landlord uses discriminatory practices, a complaint is filed with the state or Housing and Urban Development (the Federal Agency in continued on page 6

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Utah Apartment Association

President’s Message

448 E Winchester St Ste. 460 Salt Lake City, UT 84107 Ph: (801) 487-5619 Fax: (801) 484-8649 www.uaahq.org

Government Affairs: Primary Purpose of the UAA the local Housing Authorities

yy Reducing barriers to providing affordable housing for the community and finding ways to enhance affordable housing investment opportunities for landlords yy Simplifying and unifying the rental license application processes statewide

Peter Harradine, AIT, CAM Board Chair Utah Apartment Association

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ne of the biggest reasons for having an Apartment Association is to represent us as an industry in the Government Affairs arena. This is why the Utah Apartment Association was founded over 80 years ago, and this is why advocacy at all levels of government continues to be a major priority for us today.

For the past 10 years the Utah Apartment Association has been one of the most energetic, proactive and pragmatic advocacy groups in our state. We have helped to find solutions for problems, proposed fair regulations, and worked with

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other groups such as city governments, tenant advocates, and the courts to negotiate win/win solutions for the issues that have come up in our industry.

This has enormous value for us. As members of the association and part of the rental housing industry we have all benefited significantly from the Utah Apartment Association’s advocacy efforts.

But there is much more to do. If you have had problems or have suggestions as to what we should work on next please let us know. Not only does it help us to know what issues you are facing, it is important for us to have real live examples of what is

going on when we take your problems to the other parties involved.

Here are some of the biggest issues we will be working on this year:

Let us know what suggestions and ideas you have so that the Utah Apartment Association can continue to protect us and advance our industry’s interests.

yy Reforming the Section 8 Housing Choice Voucher Program and

Rental Housing Journal Utah · April 2016

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

April Is Fair Housing Month You will be tested! yy Disability yy Familial Status (kids in household) yy Source of Income yy Sexual Orientation yy Gender Identity

Remember, do not treat anyone differently or charge higher rents fees or deposits based only on membership in ANY of these protected classes.

L. Paul Smith, CAE Executive Director Utah Apartment Association

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pril is Fair Housing Month, and the UAA wants to make sure you understand this important part of providing rental housing.

The protected classes that you cannot discriminate based on in Utah are: yy Race

yy Color yy Sex yy Religion yy National Origin

The Government Does Fair Housing Testing in Utah

To ensure that Landlords are not discriminating illegally, the government has put in place testing procedures. They do this by having two different applicants call or visit. One is in a protected class. One is not.

You’ll be judged on whether or not you treat them equally.

The most common problem is with disability. The best way to avoid problems is to remind yourself of a few rules when answering the phone (most of their screening will be over

the phone, followed up by personal visits in some cases).

1 – Focus on whether or not the applicant qualifies first. If somebody asks if you about something related to a disability accommodation or anything else related to a protected class, simply refer them to your rental criteria and say something like “we can deal with that after we see whether or not you otherwise qualify for the apartment.”

2 – Understand disability issues.

For instance, if someone asks for an assistance animal remember you CANNOT CHARGE EXTRA DEPOSIT OR FEES. An assistive animal is like a wheelchair. It helps someone with a disability adapt to society. If the animal does damage to the place, charge them for the actual damage when it happens. There is a verification process you can to go through. Don’t deny someone with a disability just because they are disabled.

3 – Don’t pre-screen on the phone and treat everyone the same. While you can answer questions about your policies (such as do you allow smokers, how many people are allowed in the place, etc.) don’t ask questions that could be construed as discouraging or pre-screening people. For instance, don’t ask if they have assistive animals, children, their race or religion, etc.

4 –If you ever have a question, feel free to contact the UAA. You can also call Michelle Hutchins with HUD (Housing and Urban Development, the agency in charge of Fair Housing enforcement) at 801-5246097.

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Rental Housing Journal Utah

Avoid Violating Fair Housing ...continued from page 1 wants to stay in the place the entire three years he is in school.

The landlord decides Derek is the tenant for her and puts Marie’s application and deposit in an envelope and immediately mails it off without checking any references.

If Marie were to make a fair housing complaint, would she win? Unless the landlord can prove that Marie was not qualified, the landlord will likely lose this case and incur a $10,000 fine. Marie can also sue the landlord for civil damages. By not even checking Marie’s references to see if she qualified under the landlord’s rental criteria, the landlord discriminated against her. Derek may turn out to be a better tenant, or he may not. It is best to check individual tenants out against our own standards and not each other. The only way to prove someone is not qualified is to compare them to a pre-created standard applied to all applicants.

Rental Criteria Tips

Some of the most common criteria include: Income. To rent your place, how much income do you want someone to earn? Industry standard is that people should spend somewhere around a third of their income on rent. So the way to express this could be “Applicant must provide proof of income equal to or more than three times the rent amount.”

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Pets. Do you allow them? If so, what type? Do you charge higher deposits, fees or monthly rent? (Remember, you cannot charge pet rent, fees or deposits for service and companion animals.)

Application Fee. How much do you charge to cover the cost of doing the background check?

Deposit. At what point do they have to provide it?

Identification. What type of identification you require to make sure they are who they say they are and aren’t using a stolen identity?

Rental History. What type of rental history you require, and what would disqualify them (such as eviction, owing other landlords money, etc.)?

Credit History. Determine and list what type of credit would disqualify them and what type you are willing to accept.

Criminal History. A common statement is something like “you will be disqualified if you have committed any type of crime that, had it been committed on the property, would be considered a serious threat to the rental property, other residents or neighbors.” Some landlords like to see a certain number of years since convictions for certain crimes, or are unwilling to rent to individuals on parole or probation.

Remember –criminal history is not a protected class. Take risks only if you are comfortable. You are not ever required to rent to anyone with any criminal history.

Maximum Occupancy. Because of Fair Housing you shouldn’t restrict occupancy to less than 2 related people per bedroom. You can however say “we allow up to two people in a one-bedroom, four people in a two-bedroom”.

If you create a list like this you will find your risk of a fair housing complaint decreases dramatically and that it is easier to judge applicants using your written standards. You will also find these standards “prescreen” or turn away renters you didn’t want to waste time on anyway.

For a sample of rental criteria, visit the UAA website under the members section or contact the UAA at info@uaahq.org.

Unequaled Commitment to Fair Housing ...continued from page 1 ing sure all Utahans Fair Housing Rights are protected.

Equal Housing Statement in Utah

“We are committed to equal housing opportunity and provide housing opportunities regardless of basis of race, color, religion, sex, national origin, physical or mental disability, familial status, source of income, sexual orientation or gender identity.”

This statement, which we encourage property managers and landlords to incorporate in their documents and paperwork, embodies what Fair Housing is all about – opportunity. Nobody has a right to demand that you let them live in your rental. That can be dependent on ability to pay, past history, etc. But everyone should have an equal opportunity when it comes to applying for housing.

The Utah Apartment Association’s Record on Fair Housing Since the 1990’s, UAA has been an engaged partner with the Utah Anti-Discrimination and Labor Division in fighting discrimination and educating property managers on how to assure equal treatment of renters and applicants under Fair Housing law. Both board members and staff of UAA have served on influential boards and committees including the Utah State Fair Housing Advisory Committee. We have worked with HUD as a part of the Utah Fair Housing Forum and spearheaded the annual Fair Housing Education Conference each April.

Education

Understanding Fair Housing is more than knowing the 10 protected classes. Practitioners need to understand what policies and practices to implement and how to respond to questions, specific situations and issues.

No one has done more Fair Housing best practices (policies and procedures) education, gotten more Fair Housing materials in to the hands of Utahans, or been a bigger advocate of equal treatment than the Utah Apartment Association.

The annual Fair Housing Conference which the UAA sponsors is only the tip of the iceberg. Our publications, manuals, classes and trainings all heavily revolve around Fair Housing. “It’s hard to talk about any aspect of being a property manager without including a Fair Housing component,” says Jeremy Shorts, landlord attorney and co-chair of the UAA education committee. “The UAA intersperses Fair Housing training into practically every topic we teach,” he says.

In addition to training, UAA publishes a landlord guide with detailed

instruction on Fair Housing practice and equal treatment principles.

Publications like this one heavily push Fair Housing.

Enforcement

The UAA has been instrumental over the years is assuring that the enforcement of Fair Housing is geared towards education and not punishment. Let’s be honest, while housing discrimination may seem like a black and white issue to some, to housing providers who make their living and take all the risks it’s not always so simple. We believe most landlords who violate Fair Housing principles do so because they don’t understand a) the law, or b) how their policy or action affects others.

Not only does the UAA help educate housing providers how to follow the law, but we engage housing providers who are on the wrong side of the law and help them correct their actions. As an industry advocate who is on their side we can explain the rationale behind the law and point out the benefits that the community and the landlords receive from providing Fair Housing.

We are also able to provide information to help landlords understand their protections and options under the law.

There are numerous ways that we help landlords in specific situations understand and implement Fair Housing laws. Recently we helped an advocacy group who was having a problem with a landlord approving a live-in aid. We regularly help in emotional support animal situations. We explain to landlords worried about families with children both the law, and how to mitigate the risk of damage to the property by all tenants without being discriminatory.

UAA – An Organization to Be Proud Of

“We all can be proud of the UAA and what we do to advocate for and protect Fair Housing rights. I think we also can thank the UAA for the very minimal number of serious fines, penalties and discrimination cases here in Utah, one of the lowest states for Fair Housing issues in the country, “ said Peter Harradine, 2016 Utah Apartment Association Board Chair. “Being proactive in educating and teaching us has saved Utah landlords millions in fines and lots of headaches,” he said “while also ensuring that the applicant’s rights are respected.”

Rental Housing Journal Utah · April 2016

Rental Housing Journal Utah

Industry news Trent Hickman, President of Operations

Utility Billing West

Utility Billing West has announce that Trent Hickman has been promoted from his long-term position as Vice President of Corporate Operations to take the helm as the new President of Operations of Utility Billing West. Trent has been a part of the Utility Billing West family since November of 2005, overseeing growth from 3,000 to over 97,000 bills per month. With the original founders having moved on, in new directions on their own projects, Trent is the perfect candidate to guide Utility Billing West and its incredible team into the future.

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He is an approved APT. NEWS VALLEY, METRO, ARIZONA property management instructor for both the state of Texas and NARPM, Salsbury Industries and he serves on the NARPM Board of Directors as the National Treasurer.

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Rental Housing Journal Utah

Passing Fair Housing Testing ...continued from page 1 charge of Fair Housing). Findings of discrimination by the state can result in fines of $10,000 for first time offenders. The most effective way to avoid red flags from paired testing is to be sure and treat EVERY PROSPECT the same.

What are red flags?

A landlord recently called the UAA after receiving a letter from the state notifying them it was beginning an investigation based on testing from the DLC. In this case, they had twice been asked (a few weeks apart) if they allowed service animals. Both times they said yes, BUT, both times she told them they charged an extra $500 deposit to have a service animal. That is an illegal practice. The first offense was the “red flag”. The second led to a formal complaint.

According to the DLC, a significant number of initial tests find “red flags” suggesting discrimination or discriminatory practice, leading to follow-up. Some of the red flags included: yy Apartment manager asked about the nature of a person’s disability (a clear no-no)

yy Tester was told there would be $50 additional rent added each month for a service animal. yy A protected class tester was told no unit was available while a control tester was told there was one ready now. yy A protected class tester was referred to

another complex while a control tester was shown a unit at that complex yy The control tester was offered a move-in special while protected class tester was not

Using Rental Criteria and Equal Treatment

The best way to help you treat everyone equally is to use the same process, procedure and criteria for everyone. Having a firm list of rental criteria can help make sure applicants are only judged on those items (income, credit, rental history, etc.) and not on some prohibited criteria like having a service animal or children in the home.

In addition to rental criteria, have, in writing if possible, a “script” you use with everyone. For instance, write down in advance how you will answer every question you might receive. When you do a tour, make it the same for everyone. When getting an application and doing screening, follow the same procedures and require same information from all.

What to Avoid when Renting a Vacancy

Answering questions differently can get you in trouble. For instance, if you ask one applicant how many people will live there, but ask another how many kids they have, it might look like you are discriminating against children.

Doing a tour of the grounds, pool and neighborhood for one person, but not doing it for the next could look like you prefer the one over the other. Treat everyone the same.

When you get an application, run it immediately. Don’t wait for “a few to choose between”. This could look like you are waiting for someone who “is not in that protected class” to rent to. That would be discriminatory.

Deny people only for failing one of your rental criteria, like insufficient income, poor rental or credit history, previous criminal history, etc.

Never use your “gut” instinct. Denials must be based on qualifications, not feelings.

Housing Isn’t a Right – but all Should Have Equal Opportunity yy You don’t have to rent to someone in a wheelchair, who is also an axe murderer and has been evicted five times. But you should give everyone opportunity by letting them view the housing and apply if they think they can qualify.

yy While you can set reasonable occupancy standards (like two people per bedroom), you cannot deny families with children the opportunity to rent your place, if they qualify, simply because they have children. yy You don’t have to rent to people who are loud and disturb others.

But verifying families with kids were not too noisy at their last place

and having them agree to abide by your noise standards rather than assuming they are too loud to live there gives them opportunity. yy To provide opportunity, your rental criteria shouldn’t be so high as only to describe the top 1% of renters. It should be set only to screen out high risk individuals, not setting the bar so high that good tenants can’t qualify. yy The best indicator of future performance is past performance. Give everyone an opportunity to show you how well they performed in their last rental, and base qualifications on that not how well they speak English. yy You don’t have to rent to pets or allow people who are high risk.

But if someone with an emotional support animal applies, give them an opportunity to verify they qualify for that “accommodation” for an assistance animal (and the commensurate waiving of all pet fees, pet rent, etc.). If you need help with that process please contact us.

Many landlords find people they were initially uncomfortable about but couldn’t exactly say why, turn out to be great tenants when given the opportunity.

Whether it is a tester or an actual applicant, the best way to run your business and comply with the law is to provide opportunity for all, treat people equally and qualify tenants on risk based (not opinion or emotion based) criteria. If you do that, you will be successful in business and in passing Fair Housing testing.

WHAT ARE THE BENEFITS FOR A PARTICIPATING LANDLORD?  Steady Monthly Cash Flow. The rent subsidy or the Housing Assistance Payment (HAP) check is mailed directly to the landlord on or about the first of every month. Direct deposits are deposited on the 1st day of the month.

 Less Turnover, More Profit. Once Section 8 families find a good place to live, they tend to stay. This translates to lower vacancy rates, fewer operating costs and higher profits.

 Some programs at the Housing Authority offer supportive services to help ensure stability in landlord support.

 Elimination of Advertising Costs. Participating landlords  Screening is left to the landlord as you would for any can post available rentals online free at gosection8.com and in the Housing Authority’s main office lobby.

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resident. Landlords are encouraged to develop their own tenant selection criteria. This can include: credit history, personal references, home visits , and previous rental history. Please remember, all screening must be done in accordance with Federal Fair Housing requirements and evenly applied to all potential residents.

HELP FAMILIES, INDIVIDUALS, VETERANS, THE ELDERLY AND PERSONS WITH DISABILITIES OBTAIN SUITABLE HOUSING TODAY Rental Housing Journal Utah · April 2016

Rental Housing Journal Utah

Ask the Attorney True or False evidence to suggest that bed bugs are vectors for disease. In fact, the U.S. Environmental Protection Agency and the Centers for Disease Control and Prevention have refused to elevate bed bugs to the threat level posed by disease carrying pests. The stigmas associating bed bugs with disease are ill-founded.

By Kirk Cullimore, Jr., Esq. Law Offices of Kirk A. Cullimore

3. Most over-the-counter n order to have a clear under- insecticides and pesticides standing of the enemy you face are effective at eradicating in bed bugs, it’s essential that bed bed bugs.

I

bug fact be separated from fiction.

Armed with the right information, the joint vigilance of management and residents can go a long way toward helping to ensure that a single-unit bed bug incidence doesn’t turn in to a full-blown, community wide infestation.

So, true or false: 1. Bed bugs are typically found to inhabit and thrive in residences of persons with poor hygiene.

FALSE – Experts agree that one of the main factors behind bed bugs’ recent and alarming resurgence is increased global travel and trade. Stigmas stemming from the association of bed bugs with poor hygiene and uncleanliness have caused apartment residents, out of shame, to avoid notifying management of bed bugs’ presence, which only serves to enable their proliferation. While bed bugs are, by their very nature, more attracted to clutter, they’re certainly not deterred by cleanliness as they’re really only after one thing: blood. Bottom line is that bed bugs know no socioeconomic bounds and any claims to the contrary are patently false.

2. Bed disease.

Bugs

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FALSE - There exists no scientific

FALSE - Due in large part to their ability and inclination to hide in the most unreachable of places, such as drywall cracks and household electronics, most over-the-counter pesticides and insecticides are ineffective at treating bed bug infestations.

In fact, entomologists have reported that bed bugs in certain regions of the country have shown to be outright resistant to certain forms of otherwise highly-effectual pesticides that attack the bug’s nervous system.

Still, other insecticides and pesticides meant for digestion are completely useless at treating bed bug infestations because bed bugs feed only on the blood of warm-blooded humans and animals.

Management and residents should be discouraged from attempting to remedy bed bug infestations through the use of over-the-counter chemicals, pesticides and insecticides intended to treat cockroaches, rodents, ants and termites.

4. There are no other ways to control bed bugs other than killing them.

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those on untreated fabric, and the majority were unable to feed successfully. Even when they were successful, their bloodmeals were only half the size of bed bugs that were not exposed to the fabric. Even more surprising, out of 52 females tested, only one laid a single egg. The results of the study suggest that even sublethal exposure can have far reaching consequences. Takeaway – ActiveGuard mattress liners may be a promising new tool for bed bug control programs. These mattress liners could be recommended to surrounding units who don’t have bed bugs, but there’s concern about the possibility of the bed bugs migrating to other units.

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One of these changes is fecundity – the bed bugs’ ability to lay eggs and reproduce. In order for a female bed bug to lay eggs, it must first have a bloodmeal. According to Dr. Jones, if a female bed bug doesn’t feed, then it is unlikely to lay eggs, and if it doesn’t lay eggs, then the life cycle is interrupted.

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Rental Housing Journal Utah 路 April 2016