Rental Housing Journal Utah May 2016

May 2016 - Vol. 8 Issue 5

Rental Housing Journal Utah

2. President’s Message – Avoiding Bad Press 3. Director’s Message – Utah Law Firm Actively Representing Tenants

5. Ask the Attorney – Dealing With Bug Beds Part 3

UPCOMING EVENTS General Membership Meetings Cedar City ................................ Jun 21st 7pm Orem ........................................ Jun 22nd 7pm Salt Lake ................................ Jun 23rd 7pm

EVENTS Good Landlord Class South Ogden .................................... Jun 8th 6pm Salt Lake .................................... Jun 18th 8:30am www.GoodLandlordingTraining.com

www.uaaGeneralMembershipMeetings.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

Fair Housing Conference and Trade Show a Record Breaking Success SANDY, UT – Over 1,550 attend-

ees participated in the annual Fair Housing Education Conference and Trade Show on Wednesday April 27, 2016.

A record breaking 137 exhibitors made this show one of the best yet. “We had great leads, and made amazing contacts with potential clients” said Steve Fredine with Delta Disaster Kleenup, one of the exhibitors. This year exhibitors gave away thousands of dollars in prizes as well as handing out promotional items and gear.

“This year’s show was awesome.

There were so many people and the exhibitors were so fantastic”, said Jean Smith, a regional manager with Staker Property Management.

Attendees could choose between over 25 property management and other education classes, with valuable and cutting edge infor-

mation. Over 800 lunch attendees heard from Keynote Lunch speaker Amanda Dickson. Amanda is the co-host of KSL morning news radio. She talked about the impor-

tance of landlords and property understand who you really are. managers in society, and how to One thing that Amanda brought find joy in your day to day work. up was the nobility of being a landShe encouraged attendees to forcontinued on page 4 give, move on, don’t complain, and

What You Need To Know About The New HUD Criminal Exclusion Guidance

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

PRSRT STD US Postage P A I D Sound Publishing Inc 98204

By Kirk A. Cullimore, The Law Offices of Kirk. A Cullimore

O

n April 4, 2016, the Department of Housing & Urban Development” issued a fair housing guidance which appears to provide some protection to individuals with criminal history. This new guidance prohibits the use of arrest records to deny an applicant. It also requires that landlords who deny based upon convictions consider the nature of the

crime, the severity of the crime, and the amount of time that has passed.

The guidance states that blanket exclusions based upon general criminal history likely violate the Fair Housing Act. Landlords need to tailor their approach continued on page 6

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

Call 503-221-1260 for more information

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

Avoiding Bad Press

R

ecently I’ve noticed property management companies and apartment communities getting bad press. Some examples include: yy A Utah County property management company getting in trouble for not allowing children. yy A northern Utah property management company getting beat up over bedbug problems in low income housing. yy Multiple landlords and property management companies getting negative exposure for meth and mold management issues.

Peter Harradine Board Chair Utah Apartment Association

yy A Salt Lake City apartment complex getting national news for its policy for friending tenants on Facebook.

What all of these issues illustrate is that we don’t do business in a vacuum. With social media, the press, and so many other ways of getting bad publicity we need to know what we are doing.

The Utah Apartment Association is our safety net. It is our lifeline. The training, resources, and network it provides us can help us avoid many potential problems.

We can’t avoid all bad press, but

tapping into that UAA can reduce your likelihood of receiving negative publicity.

All we need to do is to be involved, utilize the resources, and take advantage of the education and training. Property management companies and landlords that do that will be more successful.

I encourage you to get more involved and utilize more of the associations resources in the coming year. As you do, I am confident you will be more successful.

ARIZONA, ALASKA, CALIFORNIA, COLORADO, DELAWARE, FLORIDA, GEORGIA, ILLINOIS, INDIANA, KANSAS, KENTUCKY, MASSACHUSETTS, NEVADA, NEW JERSEY, NEW YORK, NORTH CAROLINA, OHIO, OREGON, PENNSYLVANIA, TEXAS, UTAH, WASHINGTON, WASHINGTON D.C., WEST VIRGINIA & MORE.

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Pursuant to RCW 59.18.150, this is your 48 hour notice that g the dwelling unit your landlord or their and premises located agents will be _______________ at (Address) Blinds/Drapes _______________ Rods _______________ 1) Type _______________ Breed _______________ Size ______ Age __ Weight ___ Color ____ Name ________ WA-RT Ice Trays G-20 _____ Washin _____ gton _____ Rods _____ Vaccinations: Yes____ No____ License Number: ______________ _____________ on Floor CHECK-IN/C Shelves/Drawer between the hours 2) Type _______________ Breed _______________ Size ______ Age __ Weight ___ Color ____ Name ________ Floor HEC of K-O (Date) and UT CON Carpet/Vinyl/W Vaccinations: Yes____ No____ License Number:ood ______________ DITION(Time) Disposal REPORT(Time) .

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Tenant(s) Sink Good (G)Good Electric Outlets understands that the additional pet(s) are not permitted unless the landlord gives ten (F)Fair (P)Poor Electrical Outlets IN Out ant(s) written permission. Tenant(s) agree to keep the above-listedFloor pets in theLIVING premises In Landlo AREAS rd Out Garbage subject to the following terms and Cans conditions: KITCHEN In Windows Out Walls Phone BEDRO Windows

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

Call 503-221-1260 for more information 2

Rental Housing Journal Utah · May 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

Utah Law Firm Actively Representing Tenants

L. Paul Smith, CAE Executive Director Utah Apartment Association

I

n the past few years a law firm representing tenants has increasingly gone after landlords and property managers who aren’t doing things by the book. The law firm is Hepworth and Murray, and the primary attorney who represents tenants is Zach Myers.

They actively advertise, encouraging tenants who feel they have been mistreated to contact them and get a free consultation about their rights.

Their primary area of practice is eviction defense. In the past, it has been fairly uncommon for tenants to be represented by counsel during the eviction. Recently, however, landlord attorneys report it is much more common for tenants to bring an attorney with them to eviction court, and it is generally this law firm representing them.

If landlords and property managers have done everything correctly, they will still prevail. But if there were any corners cut or the landlord didn’t strictly follow the law, there may be difficulties in completing the eviction. What’s more, if a tenant’s rights were violated there can even be damages assessed against the property owner.

From the Hepworth and Murray website (www.hepworth-murray. com/utahevictionlaw). Here is a list of questions they ask tenants to see if they might have a case against their landlord.

yAre y you current on your rent and your landlord is kicking you out? yDo y you have bed bugs that were not caused by you? yIs y your landlord not following the terms of your lease? yHas y your landlord entered your apartment home without notice? yHas y your landlord locked you out of your apartment home? yHas y your landlord threatened to call the police on you if you don’t leave? yDoes y your apartment home have a serious mold or other health related problem? yHave y you reported a health code violation and now your landlord is evicting you? yHas y your landlord denied your access to the property? yHas y your landlord improperly served a notice to pay or quit?

It is more important than ever for landlords and property managers to know the law and apply it correctly. That’s where the UAA and all of our resources come in.

We can make sure you know the best practices and laws and avoid the most common mistakes. Call us if you ever have any questions or anything is unclear to you.

Don’t risk getting your eviction thrown out, or worse, getting damage judgments against you for acting improperly.

You don’t have much to fear if you do things correctly. But having a law firm in Utah actively representing tenants increases the risk if you cut corners or don’t do things correctly. Just make sure you follow the book and you will be fine.

Publisher Will Johnson – will@propubinc.com Designer/Editor Kristin Flores – kristin@propubinc.com

Advertising Sales Will Johnson – will@propubinc.com Terry Hokenson – terry@propubinc.com Larry Surratt – larry@propubinc.com

Rental Housing Journal Utah is a monthly publication published by Professional Publishing Inc., publishers of Real Estate Opportunities in Investing & Real Estate Investor Quarterly

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Rental Housing Journal Utah · May 2016

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Rental Housing Journal Utah

Record Breaking Success...continued from page 1 lord, or as she claimed satirically “Lord of the land”. Dickson said “We get to do this wonderful thing.

We get to provide a home for other people, where they will have their families, where they will dream their dreams… where they will regroup and have a second chance.

We get to do this wonderful thing – and we should be proud of it.”

Holly Sanford, 2016 Events Committee chair thanked all of the volunteers and staff who made it such a great event. “What a wonderful thing it is to be involved in the rental industry, and the 2016 Fair Housing Education Conference and Trade Show was a wonderful thing for all those who attended.”

Amanda Dixon speaking to the “Lords of the Land”

2016 Trade Show grand prize drawing winner Jon Hiller (left) with 2016 Board Chair, Peter Harradine (center) and Paul Smith (right)

Entrance Gate to the 2016 Fair Housing Education Conference & Trade Show

2016 Board Chair, Peter Harradine (right) presenting flowers to the 2016 Events Committee Chair, Holly Sanford (left)

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Rental Housing Journal Utah · May 2016

Rental Housing Journal Utah

Ask the Attorney Dealing With BedBugs – Part Three systems that are capable of superheating infested rooms to kill all the bed bugs. The advantages of these heat systems are that the resident does not have to remove or bag their belongings, and most infestations can be cured in a single treatment.

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

II. Notify and Inform Residents of Eradication Protocol

N

ow that you have confirmed that your resident has bed bugs and you have a clear understanding of the enemy you are facing, how should you address the situation and are there things you can do to possibly prevent future infestations? Timely and proper treatment is key to avoiding the situation from becoming a full blown infestation either within a single unit or community wide. In addition, educating your residents will be vital towards keeping your community bed bug free. Consider the following regarding treatment and prevention.

Treatment I. Retain Professional Pest Management Specialists to Conduct Bed Bug Eradication The vast majority of over-thecounter pesticides and insecticides used to treat traditional household pests such as cockroaches, rodents, ants and termites are typically no match for bed bugs. Upon discovery that bed bugs are indeed pres-

ent in a unit, management should contact a professional pest management specialist with experience in bed bug eradication. It is important to hire professionals who have documented experience in bed bug management and who use a comprehensive strategy (not just spraying pesticides).

Some of the most effective technologies for bed bug control have been the development of heating

Notifying and informing residents of eradication protocol will enable them to make preparations necessary to ensure that the treatment process is executed as seamlessly as possible. Residents must comply with bed bug eradication protocol set forth both by management as well as the pest management company charged with carrying out the eradication procedure. To completely eradicate bed bugs will often require several treatments.

continued on page 7

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Rental Housing Journal Utah

New HUD Criminal Exclusion ...continued from page 1

to criminal history on an individualized basis. The review should take into account factors that are specifically narrowed to achieve the safety and security goals of the property.

Management and owners of rental housing need to immediately review and revise their policies relating to the use of criminal history in the application process.

A more concrete policy statement is being reviewed and evaluated. It is clear that sex offenders listed on a public list gives cause to deny. It is also clear in the HUD guidance that the manufacture or distribution of a controlled substance is grounds for denial. For almost any other issue, a landlord will need to have a basis that is grounded in some study or facts that assist in supporting the denial.

For instance, if there was a study that says 70% of persons released from prison will re-offend within the first 3 years, that MAY give us a reason to deny any person who was released from prison in the last 3 years. (Business reason is that we have a substantial risk that 1. a new crime will be committed and 2. the lease could not be fulfilled.)

As studies are evaluated, the policy can and will be updated to include the new areas where support can be found to have “blanket” denials. It is anticipated that these policies will change over the next few months. The above criteria is as close to a safe harbor (to the extent anything can be safe) as is believed to exist at this time. The policy and application information should be implemented as quickly as possible.

spective residents. Such criminal information may include arrests, convictions and pending criminal actions.

This community shall not deny applicants solely on the basis of arrests or pending criminal actions.

Those may be included with other factors that may as an aggregate be determined to warrant denial.

This community shall not allow persons who are on any sex offender list. Likewise, persons with criminal convictions which relate to the manufacture or distribution of controlled substances shall be denied. Persons whose convictions relate to possession of controlled substances may be accepted if they provide evidence of completion of a treatment program.

Persons who have convictions involving violence, gang activity, arson, and injury to persons will be required to provide additional information to establish that they do not pose a risk to the property or the other residents.

In evaluating prior criminal history, this community will consider the type of crime, severity of the crime, and the length of time since conviction and release. Terms and conditions of parole and probation may also be considered. Each case will be evaluated on a case by case basis.

Denied applicants may petition for reconsideration by providing additional information regarding mitigating circumstances and other information that may assist the community in a review of the applicant’s criminal history.

Sample Criminal History Policy It is the policy of this community to obtain information on past criminal activities of pro6

Rental Housing Journal Utah · May 2016

Rental Housing Journal Utah

Ask the Attorney ...continued from page 5 before removing from the unit so as to prevent the inadvertent spread of bed bugs to other units and areas of the community. Once removed from the building, destroy infested items and have hauled away from the property immediately. yy Unplug all electronics. yy Vacuum all surfaces (e.g. floors, carpets, upholstered furniture, etc.) yy Vacate the unit prior to the arrival of the pest management professional; plan to return no sooner than four hours following treatment.

Prevention: III. Encourage Residents to Avoid Bringing Used Furniture from Unknown Sources into Their Apartments

The following requirements are common among typical bed bug eradication protocols: yy Move all furniture 3 feet from walls in all rooms. yy Remove from unit all personal/ sensitive items (e.g. clothes, toys, plants, etc.), leaving furniture. yy Place all clothing, linens and other personal effects, which are to be treated separately, into

plastic bags. Such items should be cleaned/washed, dried or heat treated at 130 Degrees Fahrenheit for 1 hour, or fumigated, before returning to the treated unit. yy Remove from mattresses bed coverings, blankets, comforters, sheets, etc. and clean/wash according to above instructions for treating clothing and personal effects. yy Remove from furniture blankets, linens, pillows, etc. and clean/

wash according to above instructions for treating clothing, personal effects and bedding. yy If possible, wrap in plastic and discard bed bug infested mattresses and box springs, or place infested mattress in bed encasement prior to treatment according to above instructions for clothing, personal affects and bedding. yy Wrap infested mattresses, box springs and furniture in plastic

Countless bed bug infestations stem directly from the introduction into a resident’s unit of second-hand furniture, abandoned furniture, and even rental furniture. Our office has received several recent reports of bed bug infestations stemming directly from rental furniture. Although some rental furniture companies claim they treat/spray furniture for bed bugs before re-renting, infested, non-treated furniture that has been picked-up can often be in the same truck for the delivery of treated furniture. Unless the determination can be made with absolute certainty that a piece of second-hand/rented furniture is bed bug-free, residents should assume that one reason a seemingly nice looking leather couch, for example, is sitting curbside, waiting to be hauled off to the landfill, may very well be due to the fact that it’s teeming with bed bugs.

IV. Promptly Address Bed Bug Sightings

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Management should promptly respond to resident bed bug notifications by inspecting units suspected of hosting bed bugs. Units above, next to, and below those where bed bugs have been identified should be inspected as well.

By moving to quickly execute the eradication of bed bugs in one unit can severely lessen the risk of a community-wide infestation.

By working together, management and residents can successfully prevent and treat bed bug infestations. A helpful brochure regarding bed bug prevention, detection, and control can be found at: EPA - Bed Bug Prevention, Detection, and Control ht t p s: //w w w.e p a . gov/sit e s / production/files/2014-02/documents/bed-bug-prevention-detection-control.pdf

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Rental Housing Journal Utah · May 2016

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Rental Housing Journal Utah

LOWER MAINTENANCE COSTS AND LESS TENANT TURNOVER. GO SMOKE-FREE. www.tobaccofreeutah.org/muh-intro.html

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Rental Housing Journal Utah · May 2016