April 2017 - Vol. 9 Issue 4
Rental Housing Journal Utah
2. President’s Message – How to be More Involved
UPCOMING EVENTS
3. Director’s Message – Fair Housing Means Being Conscientious and Persuadable
Good Landlord Class South Ogden ...... Wed, June 7th 6:00 pm Salt Lake.................... Fri, June 9th 8:30am www.GoodLandlordingTraining.com
4. New Forms Available on the UAA Website
EVENTS UPRO Marketing Class ........... Fri, June 16th 8:30am UAA Office
(448 E Winchester #460, Murray)
UAA Golf Tournament
(Talon's Cove Golf Course, Saratoga Springs).... July 12th
5. Ask the Attorney – Reasonable Modifications Do I Have to Pay For it?
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
UAA Trade Show a Tremendous Success
2017 Industry Insights Report
show. There was something there for everybody. Several panels gave information on topics including Fair Housing, Utilities, Meth contamination, Liability protection and how to set rents. Nationally renowned speaker Bill Nye presented several classes, and numerous opportunities for Real Estate Continuing Education were given. Some of the classes were packed to standing room only, and feedback on all of them was overwhelmingly positive.
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he Utah Apartment Association is proud to present our Industry Insight’s Report. This report is a unique benefit to our members and contains detailed, aggregated analysis for the entire state, major counties, and most significant submarkets along the Wasatch Front. By using information provided by members, industry partners and other databases we are able to present you with timely information about the neighborhoods where your properties are located, including average rent by type and by square foot. This report is designed to help you understand the market, spot trends and evaluate the position of yourself and your investments. As time goes by more information
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continued on page 1
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he Utah Apartment Association Fair Housing Education Conference & Trade Show was held on April 25th, 2017 at the South Towne Expo Center. This annual gathering is the largest meeting of landlords, property managers, apartment supervisors and others connected in some way with the rental housing industry. This year we had record breaking attendance with attendees from every corner of the state. Dozens
of volunteers were needed to make sure that the event ran smoothly. And over 130 vendors – from large nationwide companies to local small businesses – came from all across the country to introduce landlords to the products and services that can help them to make their jobs easier and more effective. In addition to the large number of vendors in the exhibit hall we had numerous classes available to those who attended the trade
Every year the Trade Show gets better. We have grown from a modest gathering of a couple hundred people to a large event – and we expect to continue to grow every year. Please join us next year for an even bigger and better event!
Avoiding Familial Status Discrimination
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any landlords aren’t familiar with their responsibilities when it comes to renting to families with children or don’t even know that families with children enjoy a protected status under federal housing discrimination laws. The Fair Housing Act protects tenants against discrimination based on seven protected classes, including “familial status.” This means that if you refuse to rent to tenants simply because they have kids or you treat tenants differently continued on page 6
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
President’s Message How to be More Involved
Peter Harradine, AIT, CAM 2017 UAA Board Chair Utah Apartment Association
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was thrilled to attend a record breaking Fair Housing Conference & Trade Show recently. Every year the trade show increases in size and improves in quality. This is in part due to the diligent efforts of the UAA staff. However, most of the credit needs to go to the volunteers, committee members, sponsors, vendors, presenters and attendees who make this even such a wonderful
experience for all of us. Thanks for everybody who did such a fabulous job. If the Association is going to continue to thrive we will all need to do our part. So I would like to invite you to be more involves in the association. One way you can start by attending meetings and events – including the free monthly General Membership Meetings that the Association puts on. I would also like to encourage you to get involved with one of the UAA committees. There are five committees (Events, Membership/ Community Service, Government Affairs, Associate Members, and Education) made up of volunteers who help provide direction and planning for all that the association does, as well as ensure that there are enough volunteers available to fulfill our mission.
If you are interested in joining one of these committees, please contact the UAA staff at 801-487-5619 or by email and info@uaahq.org I would also like to encourage you to participate in the UAA PAC. One of the biggest reasons for having an Apartment Association is to represent us as an industry in the Government Affairs arena, and we can only accomplish these goals with donations from members like you. 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 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. Your PAC contributions make a real and lasting impact. No matter what kind of rental homes you have, or how many you have, the UAA is here to help you succeed. Let’s all work together to make sure it stays that way. Thank you for being involved and for participating.
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Rental Housing Journal Utah Circulated to over 6,000 apartment owners, on-site and maintenance personnel monthly.
Call 503-221-1260 for more information www.rentalhousingjournal.com Rental Housing Journal Utah · April 2017
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 Fair Housing Means Being Conscientious and Persuadable
L. Paul Smith, CAE UAA Executive Director Utah Apartment Association
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n the past few years, litigation and risk with Fair Housing issues has increased substantially. One of the reasons is that there will always be advocates for tenants who are on a crusade to stop landlords from denying people housing. They feel like every person should have a right to a housing opportunity. We feel the same way about every person having opportunity, but landlords have to be concerned about risk and cost and have to carefully screen potential tenants,
since not all will turn out to be good customers. It’s this denial over risk that causes the friction. In 2015, the Supreme Court ruled that landlords do have a right to deny people for legitimate business risk. However, if a policy is not well thought out, it can be interpreted and prosecuted under the theory of “disparate impact”. For instance, a flat criminal exclusion that says no one with any criminal history can EVER rent, can be deemed discriminatory because minorities are six times more likely to have criminal history than whites. You may not mean the policy that way, but that is how it will be interpreted. So we have taught Utah landlords to have reasoned out standards on criminal history. For instance, never have a blanket exclusion (excluding all criminal history forever). Depending on the type and severity of crime exclusion times should vary, possible between three and ten years depending on the crime.
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Drug possession exclusion will be shorter than manufacture or distribution. We might not have any exclusion time for white collar crime that wouldn’t be a risk to the property or ability to pay, but might have longer time exclusions on property crime like vandalism or assaults, since they affect the risk to us, other tenants and the property. We also need to have an appeal process for denials where we consider the “totality of the situation” and let denied applicants make their case why extenuating circumstances should be considered. For instance, someone with possession of drugs history, could argue completion of a drug treatment program and participation in a recovery program like a 12 Step Program, and no problems for a length of time, would be grounds for ignoring the criminal activity and giving them an opportunity to rent sooner than the normal time exclusion. The point is, rather than having inflexible black and white standards, we live in a time where we need to be conscientious and persuadable. You can make exceptions to rules because of an accommodation request or an appeal and not be violating Fair Housing laws. Recently, a lawsuit was filed on a policy denying people for any eviction action. According to the
plaintiff, they told a manager that they had an eviction filing on their record, but that they had worked out a payment program and ended up staying in the unit and getting a “satisfaction” of judgement. Despite these extenuating circumstances, according to the lawsuit, the company, using an inflexible standard, wouldn’t reconsider their policy. While we don’t know all the facts or the outcome of the case, a conclusion can be drawn. Be persuadable. Look at extenuating circumstances. Negotiate things like higher deposits or co-signers in an effort to offer housing opportunities. Or risk being sued. Even a win costs time, money and reputation. A screening company owner I know once told me he felt like landlords because of inflexibility and rigid standards deny more people who would have been good tenants than prevent bad tenants from renting from them. Consider if your standards are too rigid and create fair housing litigation risk. Try to find ways to qualify people and give them opportunity. It can’t always be done, but as litigation risk proves, it may worth the effort to stay away from risk of being sued or accused of discrimination, by being flexible and persuadable.
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Rental Housing Journal Utah
New Forms Available on the UAA Website
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he UAA has recently uploaded several new forms and updated Uniform Residential Rental Agreement (aka, the UAA some old ones. Here is some information on what is new and what Lease) has been updated: Changes: Updated format to 6 pages, 8 ½ × 11 in. pages. Carbon Copy versions are again available from the UAA office. Minor grammatical 3 Day Eviction Notices (Pay, Vacate, & Nuisance) changes and formatting updates (increased font size). No longer need to Changes: Cleaned up some of the language to make it more clear, use an attorney to get Eviction Turnover Fee. Owners can place a lien on removed the option of service by certified mail, and included language abandoned property. “Agency Disclosure” statement added for landlords stating that “and any and all other tenants and residents of the following using a property manager. address” to ensure that all tenants are served as part of the process
New Forms Option to Purchase
Notice of Declaration of Abandonment
Changes: standardized the “return of service” section to be the same This addendum can be used with the UAA lease to create a “rent-toas other forms and included a third party notice telling the tenant that it own” relationship with the tenants. However, you should talk to a real is their responsibility to notify anybody besides them who owns items at estate agent before using this form to make sure you understand what the abandoned premises. you are doing.
Garage & Parking Addendums
Settlement Agreement
Changes: Standardized the liability waver and clarified the termination You can use this form in a “Cash for Keys” situation or to resolve any conditions issue where you need to settle an issue between you and the tenant and get them to move out. Call the UAA for more information if you need to Security Deposit Disposition Accounting use this form. Changes: Added legally required notice of potential collections and added more information fields for the form
Cosigner Addendum Changes: Tightened the language protecting landlords. Allowed landlords to run credit on cosigners as needed. Added a “Selfauthentication Declaration” section.
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TENANT(S): __________________ ____________________________________ _________48-H ADDRESS: ___________________________ ___ OUR NOTICE OF ENT RY OR-RTG-24 _________ Oregon ____________UNIT: ______________ CITY: ___________________________ ________ STATE: ________TENA : _____________ ZIP: NT(S) _______________ _________ __________ ADDR Rating
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IN Out TENANT INFORMATION LIVING AREAS TENANT(S): ____________________________________________________ DATE:________ KITCHEN ADDRESS: ____________________________________________________ UNIT: _________ Walls Walls CITY: _________________________________________ STATE: __________ ZIP: _________
48-HOUR NOTICE OF ENTRY
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Walls
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503-933-6437 Rental Housing Journal Utah · April 2017
Rental Housing Journal Utah
Ask the Attorney Reasonable Modifications — Do I Have to Pay For it?
By Kirk Cullimore Jr.
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easonable Modifications for the Disabled- Rentals built before March of 1991. This article is primarily for residential rental units which were made available for occupancy prior to March 13, 1991. Since handicap/disability has become a protected class, there has been much said and discussed about what modifications should or must be done for those that request such accommodations. Buildings made available for occupancy after March of 1991 must have been constructed in such a way as to
meet the design and construction requirements established under the provisions of Fair Housing Act to aid the handicap/disabled protected class. However, HUD failed to provide any real guidance on these design and construction issues for over a decade. Many builders, developers, and operators of multi-family housing units were left to guess what was required. It wasn’t until a few years after the turn of the century that the uniform building codes caught up to the anticipated guidelines for Fair Housing. But what of the many units that were built prior to March of 1991. What are the requirements to provide modifications to those units for the handicapped/ disabled? Do modifications have to be made that change the esthetics of a multi-family community? Who bears the cost of those changes? Do common areas and
amenities have to be modified in communities built prior to 1991? The answers to these questions are not easy nor can they be answered in general terms without looking to the modification request. However, there are guidelines that can be used. As with any accommodation request, the landlord should always engage the tenant in a review of what is being requested and how to best meet that need. All accommodation requests should be put into writing (if not by the tenant, then by the landlord). A log should be kept as to the interaction relating to the request and the ultimate determination of how the request was resolved. When the request is a modification request on a building that was built prior to March of 1991, in most cases the cost of the modification will be borne by the tenant. HUD has determined that any such request that requires a “de minimus” cost should most times be paid by the housing provider. For example, signage for a reserved stall based upon a modification request. Any modification that will ultimately be retained by the housing provider and that improves the property may also be a factor in determining who pays for the modification. As with all reasonable modif ication/accommodation requests, the tenant must meet the definition of being handicapped as stated in the Fair Housing Acts, and there must be a nexus (a connection) between the request and the handicap. A ramp over a large threshold to a unit for a person confined to a wheelchair would be an example of such a modification request. Within a housing provider’s policies should be the process for obtaining and
reviewing the information to determine that a tenant qualifies for an accommodation/modification. A tenant must obtain approval from housing provider prior to making any modifications. Owner/ landlord may not require that a specific contractor be used but may require that the contractor be licensed and bonded and complete the work in a workman like manner. It may also be required that all building and other required permits be obtained. After the modifications are made, if it is reasonable to do so, housing provider may require that the premises be returned to the normal condition. Housing provider should negotiate with the tenant to make sure that there will be funds available to restore the premises. Generally the requirement to place funds in an escrow are based on the following factors: 1) the extent and nature of the proposed modifications; 2) the expected duration of the lease; 3) the credit and tenancy history of the individual tenant; and 4) other information that may bear on the risk to the housing provider that the premises will not be restored. As with all requests for modification or accommodation by those that are disabled, each request should be reviewed on a case by case basis. Modifications must be allowed to be made if the criteria is met. Housing providers should be careful to not impose burdens or restrictions that the Act and guidelines do not allow. As with all fair housing matters, seek legal assistance to make sure of compliance and requirements. Kirk Cullimore Jr., Esq. Law Offices of Kirk Cullimore Phone: 801-571-6611 Fax: 801-571-4888 Email: info@cullimore.net
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Rental Housing Journal Utah · April 2017
Real Estate Opportunities in Investing (ROI) Finding Investing Success in Today's Housing Market 5
Rental Housing Journal Utah
Avoiding Familial Status ...continued from page 1 because they have children, you may be violating federal law. Here’s a rundown on exactly whom the FHA's familial status discrimination ban protects and how it applies to your property.
any other adult who has legal 3. Children must be under 18 years old. The FHA doesn’t simply custody of them. In addition, if a child is living with someone protect people who happen to be living with their children. whom a parent or legal custodian has designated in For familial status protection writing, then such a household to apply, the law requires that is also protected against there be at least one person in a What Types of Families familial status discrimination. household under 18 years old. With Children Does the So, for example, a couple who’s 2. The marital status of adult FHA Protect? looking to rent an apartment tenants is irrelevant. As far The FHA’s familial status with their 18-year-old son as familial status protection protection is broad. Here’s what you isn’t protected (even if the son is concerned under the FHA, need to know to determine if the ban is still a high school student). it makes no difference if the on familial status discrimination Similarly, a couple who starts adult members of the family applies to your tenants: renting an apartment with a are married, divorced, single, child when he’s 17 years old will 1. The FHA protects families widowed, or separated. So, for lose familial status protection with children even if the example, a single father with on the child's 18th birthday. children aren’t living with one child is protected just as their biological parents. much as a married couple with 4. Children don’t have to be part Children may live with a three children. of a household yet. Tenants are biological parent, stepparent, also protected against familial foster parent, grandparent, or status discrimination if they’re
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expecting a child to become part of their household. So, landlords can’t discriminate against tenants because they’re pregnant or in the process of adopting a child. It is fair to have reasonable limits on the number of people that can live in a rental home. However, when it comes to families with children you have to be reasonable, and the Department of Housing and Urban Development (HUD) has ruled that usually means allowing two people per bedroom, with one additional person in the rest of the unit. So in a two bedroom apartment you should allow a family of up to five people to live there, and in a one bedroom you should allow a family of three. (Again, this applies to families—unrelated individuals can have a different occupancy standard). Recently a large number of apartments nationwide have been taken to court for not using this standard. This standard is especially important when it comes to a small apartment and tenants who are pregnant or who have a newborn. Refusing to rent to such tenants (or making them move) is the most common violation of this rule, and will always get you in trouble. As far as a judge is concerned the amount of space and the additional wear and tear on a unit caused by a newborn is so negligible that if you were to force them to move to comply with a “two people per bedroom” occupancy standard it would be almost impossible to justify that in court. Two other common problems with familial status discrimination involve steering and rules. Steering occurs when managers discourage a household with kids from renting upper floor units or in areas they want to have adults (like near the swimming pool). Don’t do this, you’d be asking for a $10,000 fine. When setting rules, you should make sure they don’t have disproportionately negative effects on families. For instance, a rule that the swimming pool has “adult swim hours” when families can’t go is discriminatory. Requiring adult supervision on a playground may also be discriminatory. NOTE: For health and safety reasons it may be ok to set some rules for things like pools, but consult an attorney before setting any such rules.
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Rental Housing Journal Utah · April 2017
Rental Housing Journal Utah
2017 Industry Insights ...continued from page 1 will be made available in newer editions of the report, including information on amenities and new developments. So check back frequently to see what is new! Deciding how much to charge for rent is one of the most difficult tasks for a landlord or property manager. Get it wrong and you can lose lots of money – either from vacancy and turnover rates on the one hand or lost opportunities on the other. This Industry Insights Report for the first time draws together market data from across the state into a comprehensive listing of information in 25 regions. More than 36,000 apartment listings from 2016 were used to create this report.
Regional Information Each of the 25 regions used in this report was created based off of the combination of zip codes. The beginning of each area section lists the zip codes included and displays a basic map of the area. Every effort has been made to ensure that the regions are roughly equal in population and are of areas that more or less have similar rental markets. Demographic information is summarized at the beginning of each area.
Since the regions are made of zip codes rather than city or county boundaries, sometimes a property might be in a region that you wouldn’t at first think to look. For more information check the zip code index at the back of the book.
Apartment Communities Vs. Non-Apartment Rentals Each area report has two parts. The first part has two tables, one dedicated to rentals in apartment communities which lists the number of apartments advertised in that region by the number of bedrooms and bathrooms, and gives the average square footage, rent and rent-per-square-foot for each type of floorplan. The second table is labeled “NonApartment Rentals” and tracks for what economists sometimes call the “shadow market” – rentals in Single Family homes, Multi-Family Homes (aka duplexes, fourplexes, etc.) and Condominiums or Townhomes. Like the apartments it lists the number of each type for each type of floor plan and the average square footage, rent and rent-per-square-foot. The second section of each area report has three graphs. The first is called the “Unit Mix”
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Rental Housing Journal Utah is a monthly publication published by Professional Publishing Inc., publishers of Real Estate Opportunities in Investing & Real Estate Investor Quarterly
www.rentalhousingjournal.com The statements and representations made in advertising and news articles contained in this publication are those of the advertiser and authors and as such do not necessarily reflect the views or opinions of Professional Publishing, Inc. The inclusion of advertising in this publications does not, in any way, comport an endorsement of or support for the products or services offered. To request a reprint or reprint rights contact Professional Publishing Inc. PO Box 6244 Beaverton, OR 97007. (503) 221-1260 - (800) 398-6751 © 2015 All rights reserved.
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and breaks down the percentage of rentals in the area into three different types of apartments (1 bedroom, 2 bedroom and 3+ bedroom), as well as multi-family homes, single family homes and t ownhomes/condos. The next two graphs show the average rent that different types of apartments and rentals command on average in the area. The apartments are broken down by studio, 1 bedroom, 2 bedroom, 3 bedroom and 4+ bedrooms. The one, two and three bedroom apartments are also subdivided to show the difference in rent between 1 and 2 bathroom units. The non-apartment rentals are shown in a similar manner, except instead of studio apartments the 5 bedroom rentals are shown.
Bedrooms, Bathrooms And Average Rent Per Square Foot It is important to compare your apartment to a similar floorplan. Each table in this report has a listing by bedrooms and bathrooms (BR and BA respectively). The larger the number of units reported in your region with a similar floorplan, the more reliable the information will be. Perhaps the most useful measurement is the Average Rent per Square Foot which will allow you to adjust your calculations specifically to your unit. You also must keep in mind the quality of your rental – if your place is nicer than average, then you can charger higher than average rent. Conversely, if your apartment is dated or functionally obsolescent, you may be charging less than the average.
More Information At the end of this report is a Zip Code Index which will give you a better idea of more specific information for the zip code where your property is located. You can find a specific average rent for that zip code as well as an average square footage, number of bedrooms and bathrooms, and rent per square foot. If you are unsure which
region your property is located in, this index will tell you which page to turn to for more information. Naturally there are limitations to any generalized report like this. If you have any questions, would like a full copy of the report, or if you would like a personalized report of comparable units listed in your area from our database, please contact info@uaahq.org for more information. Likewise, if you would like to help us with suggestions or data for the compilation of the next edition of this report please feel free to contact the UAA staff.
Areas Covered In The Report Salt Lake County Downtown Salt Lake City The Avenues & University South Salt Lake & Sugarhouse Murray & Holliday Draper & East Sandy South Jordan, Herriman & Oquirrh Mountain Cottonwood Heights Midvale & Historic Sandy Taylorsville & West Jordan West Valley, Kearns & Magna Utah County Lehi & Pleasant Grove Orem Provo Eagle Mountain & Saratoga Springs Spanish Fork Davis County Bountiful & Centerville Kaysville, Layton & Clearfield Weber County Ogden, South Ogden & Roy North Ogden & North Weber County Logan & Cache County St George & Washington County Cedar City w& Iron County Park City & Eastern Utah Tooele & Western Utah Central & South-Eastern Utah
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Rental Housing Journal Utah · April 2017
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Rental Housing Journal Utah · April 2017