Utah RHJ March 2018

March 2018 - Vol. 10 Issue 03

Rental Housing Journal Utah

Upcoming Events

Contents

2. President’s Message: How to be More Involved 3. Director’s Message: Assistance Animals Do’s and Don’ts 4. Ask the Attorney : Reasonable Modifications for the DisabledDo I have to pay for it?

5. The First UAA Trade Show 7. 8 Tips for Becoming Better at Productive Confrontations

Good Landlord Class (www.GoodLandlordTraining.com) Salt Lake......................................................................................................................................................................May 8th, 8:30 AM (At the New UAA Office) Ogden .............................................................................................................................................................................................................................May 16th, 8:30 AM Salt Lake...................................................................................................................................................................June 16th, 8:30 AM (At the New UAA Office) Ogden ......................................................................................................................................................................................................................... June 22nd, 8:30 AM UAA General Membership Meeting Wednesday, May 30th 7:00 PM .....................................................................................................Vison Real Estate (495 N. University Ave., in Provo) Thursday, May 31st, 7:00 PM .................................................................................New UAA Offices (230 W. Towne Ridge Parkway, #175 in Sandy) Fair Housing Education Conference & Trade Show Wednesday, April 25th 8:00 AM to 5:00 PM ........................................................ Mountain America Expo Center (9575 State Street in Sandy) UAA New Office Open House Thursday, April 26th 10:00 AM to 8:00 PM ...................................................... New UAA Office (230 W. Towne Ridge Parkway, #175 in Sandy)

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

History of Fair Housing

O

n April 11, 1968, President Lyndon Johnson signed the Civil Rights Act of 1968, which was meant as a followup to the Civil Rights Act of 1964.

The 1968 Act expanded on previous acts and prohibited discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, sex, (and as amended) handicap and family status. Title VIII of the Act is also known as the Fair Housing Act (of 1968).

The enactment of the federal Fair Housing Act on April 11, 1968 came only after a long and difficult journey. From 1966-1967, Congress regularly considered the fair housing bill, but failed to garner a strong enough majority for its passage. However, when the Rev. Dr. Martin Luther King, Jr. was assassinated on April 4, 1968, President Lyndon Johnson utilized this national tragedy to urge for the bill's speedy Congressional approval. Since the 1966 open housing marches in Chicago, Dr. King's name had been closely associated with the fair housing legislation. President Johnson

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T

Come See Our New Office!

Open House: April 26th

he UAA has moved our office! Our new location is 240 West Towne Ridge Parkway, Suite 175 in Sandy. (It is on Monroe Street, the frontage road on the East side of I-15, between the Hyatt Hotel and the Windmill Cove Apartments, right up the hill from the new Hale Center Theater and Sandy City Hall. We are on the first floor on the West side of the building.)

Please come by and see us as we are setting in! We will also continued on page 3

The UAA Fair Housing Education Conference:

The Most Important Event on the Association Calendar

T

he UAA has been holding a Trade Show and Exposition for eight decades now.

Every year the event is bigger and better. Since the mid-eighties one of the most important parts of the UAA Trade Show has been the Fair Housing Education Conference held in conjunction with the event.

One of the most important aspects of Fair Housing to remember is that it’s supposed to be fair.

Everyone longs for fairness.

From a very young age children sense what is right and wrong and will often shout out, “That’s not fair!” As adults we learn that one of the most important characteristics we bring to our relationships is the capacity and desire to treat others right. In the business world our reputation is based on our ability to treat others with impartiality and objectivity. Treating others fair is not just a nice idea…it is the basis of successful human interactions in all facets of life.

So let’s keep the FAIR in Fair Housing! Sure, the rules are critical and you have to know how to apply them in every aspect of apartment leasing, maintenance, and management! If you mess up, it can cost you and your company

hundreds of thousands in fines and punitive damages. Remember these basics.

In Utah it is against the law to discriminate based upon a tenant or a prospective renter’s: continued on page 5

Utah Apartment Association 240 W Towne Ridge Pkwy #175, Sandy, UT 84070 Ph: (801) 487-5619 • Fax: (801) 484-8649 • www.uaahq.org

President’s Message How to be More Involved

Jayme Buhlman UAA President Utah Apartment Association

I

f 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.

The committees typically meet every month or two to discuss the

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committee’s area of responsibility, give feedback to the staff, and to create plans for upcoming projects, events, publications and resources.

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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Utah Apartment Association 240 W Towne Ridge Pkwy #175, Sandy, UT 84070 Ph: (801) 487-5619 • Fax: (801) 484-8649 • www.uaahq.org

Director’s Message

Assistance Animals Do’s and Don’ts

L. Paul Smith, CAE UAA Executive Director Utah Apartment Association

O

ne of the most important services that the UAA provides to our members is answering your phone calls. We get dozens of calls every day about all sorts of issues. But one of the questions we get asked about most often is about “Assistance Animals”.

Handling this issue wrong can earn you a $10,000 fine and bad publicity in the news. So I wanted to briefly give you a run down about what you can and cannot do regarding these animal requests.

1. You cannot deny a reasonable request for a medically necessary animal.

If the animal is necessary for their disability, then they are allowed to have it. Even if it is an untrained dog. Or a cat. Or a hamster, gerbil, snake, tarantula, chicken or parakeet. Even if it is just a goldfish that helps them calm down (don’t we wish they were all goldfish? No such luck)

3. You can put in place Reasonable animal (not pet) rules The UAA lease has a provision that allows you to do this. Of course you can prohibit the dog from barking all night, peeing on the carpet, scratching up the door, being outside without a leash, pooping all over the yard without it being cleaned up, or biting the neighbors.

It would be considered discrimination to make somebody pay more just because they are disabled. So you can’t charge a larger deposit of the tenant with an assistance animal – but you can charge a larger deposit of all your tenants going forward to cover the potential risk posed by just a few.

6. Use the Assistance Animal Instructions and Forms on the UAA website.

We have worked on these forms 2. You can verify that the 4. You can evict a tenant for for many years, even consulting person is handicapped and not controlling their animal with HUD. We are confident if you that the animal is necessary and charge them for any use them correctly and follow the to assist their disability damage the animal has instructions you can stay out of done.

This is important. You don’t have to just take their word for it. You And if the tenant doesn’t follow trouble.

If you have questions about a absolutely have the right to require these rules, then you can evict some competent verification that them. You can also charge them tenant’s request for an Assistance they are not just trying to get for any damage that they did not Animal, see the “Assistance Animal Instructions and Forms” around the rules. prevent their animal from doing. on the UAA website or feel free to 5. You cannot charge pet rent, contact the UAA at 801-487-5619 pet fees or a pet deposit – or by email at info@uaahq.org. because the animal is not a pet.

Come See Our New Office! be hosting an Open House on Thursday, April 26th all day long.

We will have food, give-aways, and educational materials avilibe for members who come by. The all-day open house will culminate at 7:00 in a one hour General Membership Meeting on Fair Housing, taught by the Law Offices of Kirk Cullimore.

...continued from page 1

You won’t want to miss out on this great opportunity! So come by, say hi, grab a treat and enjoy the meeting.

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Rental Housing Journal Utah

Ask the Attorney

Reasonable Modifications for the DisabledDo I have to pay for it?

by Kirk Cullimore Jr.

S

ince 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.

This article is primarily for residential rental units which were made available for occupancy prior to March 13, 1991.

The Law Office of Kirk A. Cullimore 12339 S. 800 E., Suite 100 Draper, UT 84020 801-571-6611 info@cullimore.net www.cullimorelaw.com

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Rental Housing Journal Utah · March 2018

Rental Housing Journal Utah

The First UAA Trade Show "Freedom... Economy...

Convenience... The Apartment House Way" was the theme of the first ever Apartment House Week held Aug. 27th – Sept. 2nd, 1939.

By Gavin Gilbert & Taylor Smith

A

t the time of this first Trade Show the Association was only five years old. The board of directors gathered the group’s brightest minds together in effort to promote the apartment industry. Despite an economy still affected by the great depression, and overwhelming war tension across the world the solution was simple: gathering together everybody connected to the Apartment industry for a trade show. Because of the economy the number of renters was increasing,

The UAA Fair Housing Education Conference 1.

2.

3.

4.

Race – Ethnic Background Color – Skin and Hair Religion – Belief System National Origin – Country they or their family are from 5. Sex – Male/Female/Other 6. Disability – Limitations to do specific life tasks 7. Familial Status – Family make up

and with so many being impacted by the Apartment House Industry a trade show would be a great way to improve the industry and educate landlords and the public.

A Committee consisting of Harvey Ross, W.S Barton, Richard E. Ashton, V. A. Bettilyon and F. Orin Woodbury was organized to put the trade show together.

The Director of the Apartment House Association of Utah Harvey Ross, was chosen to chair that Committee. When asked about Apartment House Week he said that the association hoped to give landlords “information as to

courteous treatment, fair practices and improved methods.”

Times were tough back then.

The day before the first Apartment House Week ended fears of war in Europe were realized as Nazi Germany invaded Poland, starting World War II. But through everything that would come in the following decades the Utah Apartment Association has continued to offer our members information, training and networking through our annual Trade Show and other events.

...continued from page 1

8. Source of Income – Government Benefits 9. Sexual Identity – weather they identify as Male/Female or Other 10. Sexual Orientation – Gay/ Straight/Other “No Discrimination” means we treat all people of these 10 protected classes fair and equal in all leasing, maintenance, renewal,

Education Schedule

and management activities. Every person on your property must play by these rules including vendors, apartment locators, owners, and investors!

That is why it is so important to attend the trade show and to come to the Fair Housing classes to learn about the pitfalls and issues that landlords face in the ever changing world of Fair

Housing Enforcement. Some aspects of Fair Housing law are just common sense, but many others are not – and some are even quite counterintuitive. So make sure that you, your staff and everybody involved in making decisions for your business understands this issue and its significance.

See you on April 25th!

Education Session #2 Avoiding Fair Housing Complaints

2:15 PM Fair Housing

Come attend this class and learn the most common mistakes that landlords make, how to avoid them, and how to handle potential problems.

The Price Is Always Right

Kate Good

When the price is not right for your property, you feel it. Find out how to set the right price at this entertaining mash-up of game show and marketing gamesmanship . Once you determine the right price, you have to sell it.

Join game show Kate as she presents a solid strategy for maximizing your property’s income.

Opening Session with Kate Good

9:00 AM

R-410A Maintenance Education (2:15-5:15) -

The Opening Session of the 2018 Conference will feature nationally recognized Multi-Family expert Kate Good. This session is perfect for all team members, managers, and landlords. Kate’s creative energy and insights are sure to make for an unforgettable experience as she recounts her experiences, including crisis management during Houston’s Hurricane Harvey. She will share the most current tools, trends and strategy for success.

Newer air conditioning models are designed to be used with R-410A for reliable and more efficient operation.

This class will goes over everything you need to know about these new systems, and is designed to be a benefit to people of all skill levels.

DON’T MISS THIS SESSION!

How long does it take to evict in Utah? What new rule changes to you need to be aware of as a manager? This class will give you more insights into how to handle evictions quickly and effectively.

Air Conditioning Mechanical Electrical (9:00-12:00) This 3 hour course is a good starting place for any HVAC technician. All skill levels are welcome. We discuss interfacing old and new equipment, service guidelines, repair options and proper charging techniques.

Education Session #1 Current Issues in Fair Housing *

Fair Housing

10:15 AM

Fair Housing can be a difficult maze to navigate, with expensive penalties for doing it wrong. Learn about the most pressing Fair Housing issues that are impacting Utah Landlord’s and Managers.

50 Ways to Market, Connect, and Create a Customer

Kate Good

The secret to earning a new customer is to first attract a new customer. Today we know the laws of attraction are everything but what does it mean in marketing? In this program, we will look at the needs of current customers and the channels you can use to reach them. In this crowded market you need to learn how to stand out.

Property Management 101 (10:00-12:00) This class meets requirement for municipal good landlord programs. At the end of the class, participants will receive certificates for their cities, and understand how to be a successful landlord in Utah.

Keynote Lunch with Sean Bott 12:30 PM The LA Times describes Comedy Mind Reader Sean Bott as “A Crazy Blend of Jack Black and Chris Angel, he’s Amazing!” Sean has appeared on HBO, MTV, NBC, CBS, the CW, the SyFy channel, and in 127 Hours with James Franco. You will not want to miss this one-of-a-kind keynote.

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Rental Housing Journal Utah · March 2018

Evictions

Education Session 3

4:00 PM

Handling Section 8 Tenants & Section 8 Reimbursements

Fair Housing

Section 8 housing continues to be one of the more misunderstood topics landlords have to deal with. This class will help you understand section 8, how to apply for the new state reimbursement, and other HUD Programs.

Is your Rent too high or too low?

The market for rental properties in Utah is changing rapidly. How do you know how much you should charge for rent? And how do you actually go about raising your rent if you are below market value? This class will go over these topics and more.

Collections

Getting a judge to give you a sheet of paper saying that the tenant owes you money is one thing, actually getting the money from your current or former tenants is quite another. Come learn more about how to navigate this process in this class.

Recycling Programs

Beginning this year Salt Lake City has implemented a program requiring that all multi-family properties must provide recycling options to their residents. In this class we will discuss the city ordinance and the options that properties have to come into compliance without breaking the bank.

“He blew my mind. It was one of the best keynotes I have ever attended!”, Joey Gilbert, Vice President, Associated General Contractors of Utah. “Don’t miss this!”

$1,000 Cash Give-away to one lucky Lunch attendee

PREMIER SPONSORS Please Join the UAA and Thank Our Premier Sponsors Below

5

Rental Housing Journal Utah

The History of Fair Housing viewed the Act as a fitting memorial to the man's life work, and wished to have the Act passed prior to Dr. King's funeral in Atlanta.

Another significant issue during this time period was the growing casualty list from Vietnam. The deaths in Vietnam fell heaviest upon young, poor African-American and Hispanic infantrymen. However, on the home front, these men's families could not purchase or rent homes in certain residential developments on account of their race or national origin. Specialized organizations like the NAACP, the National Association of Real Estate Brokers (NAREB), the GI Forum, and the National Committee Against Discrimination In Housing lobbied hard for the Senate to pass the Fair Housing Act and remedy this inequity. Senators Edward Brooke and Edward Kennedy of Massachusetts argued deeply for the passage of this legislation. In particular, Senator Brooke, the first African-American ever to be elected to the Senate by popular vote, spoke personally of his return from World War II and inability to provide a home of his choice for his

...continued from page 1

new family because of his race.

With the cities rioting after Dr. King's assassination, and destruction mounting in every part of the United States, the words of President Johnson and Congressional leaders rang the Bell of Reason for the House of Representatives, who subsequently passed the Fair Housing Act. Without debate, the Senate followed the House in its passage of the Act, which President Johnson then signed into law.

The power to appoint the first officials administering the Act fell upon President Johnson's successor, Richard Nixon.

President Nixon tapped then Governor of Michigan, George Romney, for the post of Secretary of Housing and Urban Development.

While serving as Governor, Secretary Romney had successfully campaigned for ratification of a state constitutional provision that prohibited discrimination in housing. President Nixon also appointed Samuel Simmons as the first Assistant Secretary for Equal Housing Opportunity.

When April 1969 arrived, HUD could not wait to celebrate the

Act's 1st Anniversary. Within that inaugural year, HUD completed the Title VIII Field Operations Handbook, and instituted a formalized complaint process. In truly festive fashion, HUD hosted a gala event in the Grand Ballroom of New York's Plaza Hotel. From across the nation, advocates and politicians shared in this marvelous evening, including one of the organizations that started it all -the National Committee Against Discrimination In Housing.

In subsequent years, the tradition of celebrating Fair Housing Month grew larger and larger. Governors began to issue proclamations that designated April as "Fair Housing Month," and schools across the country sponsored poster and essay contests that focused upon fair housing issues. Regional winners from these contests often enjoyed trips to Washington, DC for events with HUD and their Congressional representatives.

Under former Secretaries James T. Lynn and Carla Hills, with the cooperation of the National Association of Homebuilders, National Association of Realtors, and the American Advertising

Council these groups adopted fair housing as their theme and provided "free" billboard space throughout the nation. These large 20-foot by 14-foot billboards placed the fair housing message in neighborhoods, industrial centers, agrarian regions and urban cores.

Every region also had its own celebrations, meetings, dinners, contests and radio-television shows that featured HUD, state and private fair housing experts and officials. These celebrations continue the spirit behind the original passage of the Act, and are remembered fondly by those who were there from the beginning. (article courtesy of the U.S. Department of Housing & Urban Development)

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Rental Housing Journal Utah · March 2018

Rental Housing Journal Utah

More Productive Confrontations 8 Tips for Becoming Better at Productive Confrontations 1. Prepare Your Mind Getting mentally ready for a confrontation is incredibly important in being able to convey all the information and resolve the problem. Visualize yourself dealing with the person in question, and practice out loud or in front of a mirror on what you will say.

Finalize a list of points you want to get across and anticipate all kinds of questions. "Interview" yourself as the other person might, and prepare general answers as needed.

2. Focus on the Resolution Engaging in confrontation does no good if you don't know where you are trying to end up. In other words, know what you want out of the conversation before it even begins. Is it some kind of action?

Exposing a hidden agenda? An admission of something? Is it a conversation that needs to take place "for the records" during eviction? Knowing what your goal is will help guide your conversation to this positive end.

situation is no good or you aren't 7. Soft on People, Hard on prepared, you should try to defer Problems it to a better time and place after The old business adage of "go everyone has calmed down. hard on the issue and soft on the person" is the best tip for landlords 5. Keep It Simple State your problem to the other who must engage in confrontation. person. Explain your desired Point out your relationship with outcome, then listen to them. It's the person and spend a few minutes a mistake to keep talking, add talking about how you value it. additional explanations, change Stay focused on the issue itself your position, or ramble on. Give and be honest and direct about the other person a chance to what you both need. Of course, be respond after you introduce the open minded and flexible, because 4. Control the Location you never know when a solution A confrontation should take place issue. Use your best listening skills might present itself that you didn't in the location of your choosing. to really understand where they even think about. Above all, don't It's always a good idea to schedule are coming from and what they take anything personally-it’s just such a meeting by communicating do or don't understand about what business. ahead of time that you need to you said.

8. Productive Confrontations discuss a situation, then schedule 6. Stick to the Issue Are Necessary a place and time. The meeting In some cases, it may be tempting doesn't have to be at the property. to unload a host of pent-up By its very nature, a confrontation Borrow a conference room from emotions, problems, and personal means that both parties are starting your attorney, Realtor friend, opinions onto someone. However, at opposite ends of a problem.

CPA, or at a vendor's location. It's in order to engage in a beneficial As the landlord/manager and rarely a good location in front of confrontation, stick to the issue at business person, it's your job to other people, in a busy or stressful the forefront. start the process of meeting in the environment, too early or too late It's never a good idea to run middle. Direct discussions will in the day. If a confrontation is through a litany of past problems, go a long way in resolving issues happening spontaneously and the perceived wrongs, or other things that can be harmful to your real if they aren't really relevant to your estate investment. Always have the current problem. Never pull other courage to say what you need to say people into the confrontation and do it as well as you can. Stay unless they're relevant. Always stay honest, don't argue, and explore solutions from all sides. The more confident and on task. you engage in confrontations, the more productive they will be and the better you will get at engaging people and solving problems.

3. Keep Emotions Out of It When people get emotional, it often seems that rational thoughts fly out the window. Sticking to fact based sentences and delivering them in a calm and professional manner is the best approach. It's OK to be direct and even blunt sometimes during a confrontation.

However, anger will never help the situation and may just make things worse.

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Rental Housing Journal Utah ¡ March 2018

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Rental Housing Journal Utah

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Rental Housing Journal Utah ¡ March 2018