Valley ( Eugene, Salem, Corvallis , OR ) RHJ March 2018 by Professional Publishing, Inc

March 2018

Rental Housing Journal Valley

3. RHAO President’s Message – A Letter to Mayor Wheeler 6. The Outdoor Furniture Market is Booming! 7. Dear Maintenance Men

EUGENE · SALEM ·ALBANY · CORVALLIS WWW.RENTALHOUSINGJOURNAL.COM • PROFESSIONAL PUBLISHING, INC

6 Types of Fencing for Your Rental Property

encing for your rental property is the maintenance checkup this week, provided by Keepe, who reports getting a record number of repair requests from property managers and tenants about weather-damaged and broken fences this winter. When it comes to installing a fence on your rental property the kind of fencing you choose can make a serious difference on your finances, maintenance and most of all, the safety of your tenants and your property. Broken fencing can be an inconvenient and time-consuming expense. Being prepared against costly last-minute repairs is possible, and it begins with knowing how to best protect your investment. Different kinds of fencing materials have different maintenance needs, which are fundamental to explore for the purpose of selecting which fencing option really is best for both your needs and expectations. Wooden fences are a traditional favorite and have historically been an iconic component of American homes everywhere. This is likely due to the fact that wood is a widely available material, and a great number of varieties - especially pine and cedar, two of the most commonly used for fencing - are rather inexpensive. Different cuts, grains, colorations, staining treatments and painting styles make wooden fences very versatile as they are easy to customize to match homes and gardens as desired. The main downside with wooden fencing is the fact that it requires regular maintenance work to both last and look appealing: it can be severely damaged by weather, vegetation and parasites. The best available way of protecting wooden fencing is ensuring that the wood is regularly treated by a professional, who can apply sealants, stains and preservative coatings. A pricier option, “Pressure Treated” (PT) fences, are made with wood that has been thoroughly treated with preservative chemicals when manufactured, and generally come with special warranties. ...continued on page 8 Professional Publishing Inc., PO Box 6244 Beaverton, OR 97007

Two Portland Landlords Resign from Rental Services

wo Portland landlords have resigned from the Rental Services Commission in protest after Mayor Ted Wheeler flip-flopped on his position about small landlords and Portland’s relocation ordinance, according to reports. Wheeler now wants to remove the current exemption for small landlords who own only one property. The reloca-

tion ordinance requires landlords to pay moving expenses if they evict a tenant for no-cause or increase rent more than 10 percent. One of the landlords who resigned, according to the Portland Tribune, is professional property manager Ron Garcia. He is also president of Rental Housing Alliance Oregon. It represents approximate-

ly 1,900 landlords, 62 percent of whom own one to four units. “The people I represent feel betrayed. I can’t continue to serve on the commission in good conscience. That would make it look like the landlord point of view is being considered, which it isn’t,” Garcia told ...continued on page 7

Can a Landlord Say no Guns in My Apartments? by John Triplett

enerally a private landlord can make a decision about whether to say “no guns in my apartments,” unless a state forbids landlords from banning guns in apartments or rental property, according to Denny Dobbins, general legal counsel and vice president of CrimShield, Inc. State laws vary on the issue of what landlords can mandate regarding saying “no guns in my apartments,” and gun possession in general by tenants in privately owned rental properties. Landlords and property managers need to be aware of whether their state or local government has specific laws, Dobbins said in an interview with Rental Housing Journal. Only four states have specific statutes laws regarding guns in apartments and rental properties: • Minnesota says a landlord cannot restrict the lawful carry or possession of firearms by tenants or their guests Minnesota Statute 624.714• Tennessee: A private landlord can prohibit tenants, including those who hold handgun carry permits, from possessing firearms within a leased premises. Such a prohibition may be imposed through a clause in the lease. Tennessee Statute § 39-171307(b). PRSRT STD US Postage PAID Portland, OR Permit #5460

• Virginia public housing prohibits landlords from restrictions on gun possession for tenants – Virginia Rental Housing Act 1974 Tennessee 55-248.9.6. • Wisconsin has a complicated maze of where a weapon can and cannot be possessed. Wis. Stat. § 175.60(21)(b). All the other states are generally silent on the issue, Dobbins said, meaning that private housing providers can choose

what they want to do on the issue. California, Arizona, Colorado, Oregon, Utah and Washington are five of the states that are silent. For instance, Virginia law says public landlords cannot use a prohibition clause in their lease, and it does not require that a gun-free zone sign be applied or at the property. “Now in Minnesota they have a different law. Generally, private landlords may ...continued on page 4

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Landlord Study Hall: Balances Owing: Pros/Cons of Installment Agreements

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HR Issues: Creating a Learning Culture

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Confessions of a Millennial Mind: Intro to Leading Millennials

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Unit Inspections and Turnover Techniques

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Fair Housing 101

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Landlord Study Hall: Move-In Forms and Electronic Access

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HR Issues: Equal Pay

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It's the Law: Habitability Issues: The Grand Chess Game With Unreasonable Tenants

4/17/2018

CAM: Financial Management & Industry Essentials

Form of the Month of Violation Form M040 Holding tenants responsible for violations of the Rental Agreement is one of the most critical roles of a landlord or property manager. The Notice of Violation form provides an easy template to take the initiative to enforce the rules to help maintain peace and order to your property. Although this form does not terminate the tenancy, it does assertively and politely remind the tenant of the violation and creates a useful written record your response.

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Housing Journal Metro 2. 4 Reasons Rental Housing Journal Metro May Look a Rental Property 2. 4 Reasons a Beat-Up Rental December 2017 May Look Beat-Up Property 4. Top Trends 7. 4 Ways 2. 4 Reasons a Rental Property 7. 4 Ways to Be to December 2017 7. 4 Ways to Be Proactive in Rental in HOA & 13. Dear Proactive Property Be Proactive in in Rental May Look Beat-Up Maintenance Property COA Men 4. Top Trends in 5. Ask Property Propertie Maintenance Maintena Rental 13. Maintenance Dear Maintenance HOA & COA s nce December PropertiesKen Schriver Men 10. Property 13. Dear 4 $2 ToolsBeat 15. The One About 4. Top Trends in HOA & COA Properties 2017 10. 4 $2 Tools the 5. Ask Ken Schriver 6. Want Maintena 10. 4 $2 Tools that Could that 15.that TheCould Save One About toyou $$$ nce Men Save thaton withCould Know an Ugly you $$$ Stick that on the Property 15. Next Maintena Save you Next Training Working? that Next Maintenance Maintenance 5. Ask Ken Schriver The One Beat with annce Call – Askif Your 6. Want to Know Ugly Call 12. Stick $$$ on About the Call if Your Training Your Employe Is the 16. Retail is with an Ugly Research Market 12. Is the Property Report Outdoor is Outdoor Is the Outdoor Faucet 16. Retail 6. Want to Know if Your Training isWorking?12. – Ask es at Your Property Faucet at Your Rental Beat Stick Your Faucet Research Property 18. Rental Market Report at Your 16. Retail PropertyEmployees Winter-P Winter-Proof? 9 Insights for Property Winter-Proof? Working? – Ask Your Employees Rental Managers Research roof? 18. 9 Insights Market Report Heading into 2018 for Property Managers 18. 9 Insights Heading into 2018 Heading for Property Manager into 2018 s

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Rental Housing Journal Valley · March 2018

Rental Housing Journal Valley

President: Ron Garcia • Vice President: Phil Owen President Elect: Mark Passannante • Past President: John Sage Secretary: Lynne Whitney • Treasurer: Sandra Landis • Office Manager: Cari Pierce

RHAO President’s Message

s your current President, I want to provide you with insight to one of my recent actions. As you know, I was appointed to Mayor Wheeler’s Residential Services Commission in November. In February, however, I chose to resign. I would like to share with you my reasoning. My hope is this may motivate you and other members to rally into a concentrated effort to fight the new heavy-handed, un-fair and self-defeating policies the mayor and other politicians in our state are now adopting. Following is my letter to the Mayor’s office:

A Letter to Mayor Wheeler

10520 NE Weidler, Portland, OR 97220 (503) 254-4723 • Fax (503) 254-4821 info@rhaoregon.com • www.rhaoregon.org

Mayor Wheeler, This letter is to confirm my termination as a Commissioner from your newly formed Residential Services Commission, (RSC) effective immediately. As an appointee, I was honored to be a participant in what I understood was an advisory body to help shape policies to address the Portland housing crisis. During my short time on the commission, however, I found it resulted in little more than a megaphone for anti-property owners’ advocacy and protest groups, including me being personally “hissed” at while speaking during session. Public testimony has been staged primarily with members from PTU; of the 13 people who testified during 2 sessions, only 1 person spoke on behalf of property owners’ rights. Most disappointing of all has been your lack of direction outside of proposing an agenda that includes limiting screening criteria, lowering security deposits, registering all landlords and regionalizing further Portland anti-landlord policies. There has been no discussion (or room to allow for the opportunity to discuss) any practical land-use policies and/or owner incentives for protections that might spur investment or rapid growth of housing units to help increase supply and ease rising rents. Now, with your announcement to repeal the single family exemption without any prior notice to the RSC, it shows a disregard for any valued input that might have (even a remote) chance of being presented before making sweeping legislation. Additionally, I submit that this single decision will do more to remove a large supply of rental properties faster than any other policy or directive, as it only serves to motivate small landlords to get out of the rental business and sell to new owner occupants. As such, being the president of the Rental Housing Alliance of Oregon (RHA Oregon), in good conscious, I can no longer support this commission’s momentum in any way. I appreciate the opportunity to have served, and I hope my replacement finds more opportunities for success. Sincerely, Ron Garcia Principal Broker, The Garcia Group 2017-2018 President, RHA Oregon

Rental Housing Journal Valley · March 2018

Rental Housing Journal Valley

Guns ...continued from 1 not restrict the lawful carry of firearms by tenants. All the other states are silent on whether private landlords can prohibit tenants from carrying weapons or possessing weapons on the property,” Dobbins said. Unless your landlord is a governmental entity, like a city, or state, agency, public housing or receives state or federal funding for rental assistance on your property, the 2nd Amendment is unlikely to apply. However, private housing providers who say ‘no guns my my apartments’ and prohibit tenants from possessing firearms in a residential rental unit, raises other constitutional and insurance issues. Can a landlord say ‘no guns in my apartments’? “Generally, the answer is yes” that a landlord can say ‘no guns in my apartments.’ But, I think we need to take the most practical approaches we can for all the issues surrounding the question such as having something in our lease that says, ‘Keep your weapons inside, and if you bring them onto the common areas we will evict you. If you keep them to yourself, safely tucked away in the private confines of your apartment unit, that’s fine. We don’t care.’ “For me, I would simply say to private landlords, ‘Look, the real issue here that you want to protect against is for tenants having guns willy-nilly, or just being carried around and shown off on the property common area. “You can stop that kind of behavior cold in the common areas altogether so go ahead and put something in your lease to stop it. Prohibiting that kind of behavior will help protect against liability issues, insurance issues and 2nd Amendment

challenges. What about prohibiting tenants from having guns in their apartment unit? Generally, a private landlord can do that too, but there are a wide variety of issues to think about when you do so.” “Most states have not made a decision whether or not to prohibit the constitutional rights of someone who wants to have a weapon in their apartment unit for their own protection. What that means is that leaves it up to the private landlord to make a decision,” Dobbins said. “Yes, a private landlord can say, ‘We prohibit all tenants from possessing a gun anywhere on the property.’ The private landlord can make that decision because there hasn’t been a case yet that draws the 2nd Amendment into the private landlord decision-making process on the issue as has happened with Fair Housing issues like race, color, national origin, familial status, religion, gender, age, military status and Americans with disabilities.” “That’s going to pit the private landlord who says, ‘No guns in my apartments’ or weapon possession in the rented apartment unit against the tenant who says, ‘Well, I have a constitutional right to a weapon to protect myself.’ That case has not been heard yet.” Dobbins said he thinks we will eventually hear that issue because “someone is going to finally get that case to the Supreme Court.” “From a practical point of view on the liability issue, let’s say a landlord says, ‘No weapons possession in the rented apartment unit.’ The tenant moves in and he wants to possess a weapon in the rented apartment unit but he decides to live there without possessing a weapon. Now somebody breaks into his home and kills his wife and his kids and he didn’t have a

weapon to protect himself and his family. I don’t want to be that landlord who says ‘No guns in my apartments’ because I don’t want to get sued because I took that personal constitutional right away. “The landlord is going to say, ‘He agreed to it and he moved in.’ Of course, the person who had their family killed is going to say, ‘Yeah, but I still had a right and you made me not have a gun and took away my 2nd Amendment constitutional rights to protect my family.’ “I don’t want to be that landlord,” Dobbins said. On the other side, if weapons are allowed on the property and someone gets killed or injured by a tenant intentionally, or even negligently, from a discharge of a weapon on the property, even while inside their own apartment unit, you know the attorney for the injured is going to go after the deep pockets of the landlord and manager and their insurance companies. It is an ugly Catch 22.” Issues on how ‘no guns in my apartments’ would be applied “You run into a few issues in terms of how that is applied in actual practice. For instance, where you have a law that says landlords can prohibit gun possession in an apartment unit in a lease, well, how are you possibly going to enforce that? You don’t know what a tenant brings into the property,” Dobbins said. “You don’t know what they’re going to have in their home. You don’t know if they have weapons in their apartment unit. You can’t really go in and inspect for weapons. If they have a safe you can’t go look in the safe to see if they have weapons. Even if a state has a rule that says you can prohibit weapons, there’s no practical way to enforce that rule.

“The second issue then becomes really important, ‘Do you really want to be the case of first impression?’ Meaning, do you really want to be the landlord who takes on some attorney and a 2nd Amendments rights person because the landlord says you can’t have a gun in your own apartment unit to protect yourself? We have all seen lately that the crazy people, mentally ill people, criminals and terrorists can get guns. So, why should a private landlord have a rule where concerned tenants cannot possess a gun in their rented apartment unit? A private landlord does not want to become the trial case for a tenant who says, ‘Wait a second. I have a 2nd Amendment right to carry and to have weapons to protect myself and my family.’ “The landlord says, ‘Well, having a weapon on a private property is not a protected class like the protected classes listed above. Having a right to possess a weapon in one’s apartment unit is not a current enumerated protected class,” Dobbins said. “But, I tend to disagree with those people who say it’s not a protected class because there is a constitutional personal right to bear arms - period. The protected classes in the housing arena listed above are all federal mandates. Well, an enumerated constitutional right in my mind is the same thing. A court case will determine that issue at some point.” Let’s back up and look at the issue if a landlord wants to say ‘no guns in my apartments’ If a landlord says “no guns in my apartments,” Dobbins suggested looking at two 2nd Amendment cases he thinks makes ...continued on page 5

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Rental Housing Journal Valley · March 2018

Rental Housing Journal Valley

Guns ...continued from 4 the tenant’s right to a weapon in the tenant’s apartment unit a personal right, and thus, a protected class. “Here’s what we know. The federal government can impose some restrictions on guns. There have been a lot of debates over time as to what the 2nd Amendment means because it has a phrase in it regarding militias and it also talks about “the people’ right” as opposed to a “person’s right”. There’s been this idea that the ability or the right to bear arms is not a personal right. Rather, that it is a right of the people for a prepared militia. “This issue came up in a case in the U.S. Supreme Court in 2008. It’s called the Heller Case. It dealt with individual rights to possess weapons. The Heller case made it very clear that there is an individual right to possess weapons as opposed to just a right of the people for the purposes of maintaining a militia. “The restrictions, Heller goes on to say, deals with felons and the mentally ill. Such people have no personal rights because those rights are stripped for the mentally ill and felons. There still remained a question after Heller. The question after Heller was, ‘Well, that’s great but what about the states? How does the Federal law impact state laws on the subject? ‘ “In 2010, the McDonald case went before the Supreme Court and that dealt with the 14th Amendment, which forbids states from passing rules to the contrary of the federal law. There were basically four elements in McDonald that they dealt with: whether there could be a state prohibition against handgun ownership, whether a state could force an annual gun registration and impose a fee for annual registration, require that guns be registered prior to acquisition, and whether a gun could be forever unable to be registered if the registration lapsed. Those laws were struck down in the McDonald case. Basically the opinion stated that the 14th Amendment applies as to the individual right to possess guns and that states cannot pass laws that infringe upon that federal constitutional right. “So it seems to me that private landlords forbidding tenants from possessing firearms in their apartment unit could be successfully challenged based on the 2nd Amendment, I think, because Heller and McDonald make it a personal right, which I think makes it a protected class,” Dobbins said. “I guess the simple answer is in those five states that we mentioned…private landlords in those states can choose what they want to do, but when a private landlord chooses to ban tenants’ ability to possess a firearm in their apartment unit they

face the ugly music of liability issues and constitutional infringement,” he said. A proposed lease clause on how landlords might walk the fine line of dealing with tenants’ possession of guns in their apartment units Dobbins said he would propose the following lease clause for landlords to consider. “For me, as a landlord, I would say ‘No weapons in the common area.’ This is something that I put in my leases and in my client leases. It provides reason, accountability and protections for the Landlord, the tenants and staff. It’s a section called ‘Weapons’ for the lease and this is what it says: “Weapons of any kind, including, but not limited to, dart guns, air guns, BB guns, slingshots, handguns, rifles, or any mechanism that could be used to propel an object that could cause harm to person or property are not allowed in the common areas, are not allowed in the office, are not allowed anywhere on the premises outside of the actual unit, and are not allowed to be displayed, shown, exposed, demonstrated, or exhibited anywhere in the community premises, except in case of self-defense or the need for imminent and immediate protection of residents’ life or property, or for self-defense or immediate and imminent protection of resident, resident’s occupants, guests or invitees life, or property. If a resident desires to possess a legal weapon in resident’s unit in that case the resident must safely and inconspicuously carry said legal weapon to and from the resident’s unit in a manner that resident ensures other residents and staff do not see said weapon. Illegal weapons are never allowed visibly on the property outside of the unit. If resident or resident’s occupants do possess a legal weapon in the unit, resident shall be responsible for the proper and safe possession, handling and storage of said weapon. Landlord is not and shall not be responsible in any way to resident, occupants, guests, or invitees for any accidental, negligent, or intentional act involving any weapon or discharge thereof on, near, or off the property.” “That’s my clause,” Dobbins said. “It covers a lot of ground because I don’t want to take away tenants’ the right under the 2nd Amendment after the Heller and McDonald cases yet we need to make sure that tenants understand, in the common areas especially, if they brandish or show

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a weapon they will be evicted. However, I do not think it is a good idea to take away a tenant’s right to possession in their own apartment unit. That is just how I personally look at it. Each private landlord has to make a decision on this subject based on an analysis of all the factors set forth in this article. I suggest you talk to your attorney and your insurance broker to make your own decision on the subject,” Dobbins said. What about restrictions on ammunition in apartments? If a private landlord says ‘no guns in my apartments’ can the landlord say you can only have so much ammunition? Or no ammunition? “Yeah, private landlords can if they want to, but the same factors are at issue as for gun possession in a tenant-rented unit.” “Here’s another issue to think about. Let’s say a private landlord prohibits the possession of firearms and the private landlord calls their property now a ‘gun-free zone’ or a ‘weapon-free zone.’ In my mind, they’ve done exactly what the schools have done when you call a school a gun-free zone. You’ve just opened it up to the crazy people and you’ve said, ‘Hey, nobody here has weapons. Come over here and break in. Come over here and cause havoc to our property because no one is allowed to have weapons here and cannot defend themselves. Come in and steal from them, rob them, do whatever you want to do with them.’ “I think that sets a very bad precedent and as a premises liability expert, I would say that by doing that you’ve now opened yourself up to say you called yourself a gun-free zone, when it is just not true. You’ve invited bad guys to your property and you intentionally, unknowingly maybe, but still intentionally put your residents at risk of harm. That’s how I look at it. “Once you invade someone’s privacy in their home for their own protection and their own desires regarding the 2nd Amendment, now you’re creating some issues that you don’t really need to create. Even if a landlord has a prohibition for tenants regarding guns or ammo, it’s not going to stop someone from having weapons if they want them in their apartment unit. So why have the rule at all? Why take on extra liability and extra problems when we know that possessing a weapon in one’s apartment unit is practically unenforceable. A tenant should be able to possess a firearm if they want one, but if the tenant goes around bragging about it, or showing it off, that tenant needs to go. “Now if a management company maintenance employee goes in and he sees a stockpile of ammunition or weapons I would immediately contact the authorities and let them deal with it as they will,” Dobbins said. Should property managers have guns? Two property managers in Portland were shot by a tenant following an eviction last year. Should property managers have guns? “Well, I think we’re getting into that debate a little bit with one of the remedies that’s been brought up about possibly arming teachers. In Israel the government trains and allows trained teachers to

be armed for many years now. Israel has no problem with gun violence in schools because everyone knows the teachers are not only armed but they’re trained. “Now that’s something for management companies to decide because they’re put in the pickle of, ‘Okay, if my managers and staff have a weapon and they use it, am I going to be sued?’ If they don’t have a weapon and can’t use it, am I going to be sued? They’re in a real pickle because if they do allow staff to carry they need to make sure those staff members are very well-trained and don’t misuse that weapon.” “For me as a property owner I would not mandate my staff to possess weapons. However, I would not take my staff’s constitution right to protection away either. If the staff lawfully carries a concealed weapon, that is their choice. However, I would not want them to carry openly. Again, you have to decide as a landlord how to handle this issue after consultation with your attorney and your insurance carrier.” Summary: “There’s something to the deterrent factor, whether you have a liberal slant on guns or a conservative slant on guns. The facts are the facts. We just have to deal with them in a practical way. There are no easy answers as to what private landlords should do about whether or not they allow their tenants to possess a legal firearm in their own apartment unit in the face of constitutional rights, liability issues, insurance coverage and individual feeling about weapon possession. But, it is an issue that needs deep thought and consultation with professionals. “I think we need to take the most practical approaches we can for all of these issues, having something in our lease that says, ‘keep your weapons inside’ and if you bring a weapon in the common area we’re going to evict you. Or, no weapon possession allowed period and if we learn you possess a weapon on the property, we are going to evict you. Whatever your chose, make sure that it in writing and cannot be misunderstood. If you have something in your lease on the subject, make it crystal clear.” Resources: What Was At Issue In District Of Columbia V. Heller?, Minnesota Gun Laws: Banning Weapons at Private Establishments, Concealed Carry Laws and Property Management, Can My Landlord Ban Gun Ownership? About Denny Dobbins: J.D. “Denny” Dobbins, Jr. is CrimShield’s general legal counsel. He brings more than 20 years of experience and a passion for protecting businesses, their customers and their bottom lines. Dobbins works with company attorneys to develop pertinent criteria to assess risk factors for granting access by individuals to customers and facilities. He also testifies as an expert on negligence, negligent hiring and negligent retention, especially relating to non-delegable duties. His job is to help CrimShield investigators understand the laws of every state, as each state has different statutes and legal terminology. About CrimShield: CrimShield is a company devoted to protecting companies from negligent hiring and negligent retention as well as providing tools to stop management headaches, reduce customer complaints and eliminate lawsuits. This unique preventative approach to reducing criminal activity transforms the way companies hire and monitor employees, contractors, vendors and volunteers. CrimShield helps companies assess potential risk and implement easy-to-use solutions.

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Rental Housing Journal Valley

The Outdoor Furniture Market is Booming! Chaise Lounges And Heaters Are Leading The Way by Jeannie Flynn

nseasonably warm weather in the Southwest and below zero temperatures in the Midwest is keeping outdoor furniture an patio accessories on the minds of apartment managers and rental property owners across the country. Trends and popular styles are ever changing, but the in-fashion patio furniture look for this year is Nantucket, cool, carefree and comfy. We’re seeing navy blues, and cool grays popped with reds and yellows as the popular color pallet for many new projects. Chairs Adirondack chairs, a classic look for Summer furniture, are more popular than ever. The 2018 version is no longer made from clunky, heavy wood. Instead these popular chairs are now manufactured in a long lasting “faux wood” -- a high-density polyethylene (HDPE) product. Available in traditional and contemporary designs, Adirondack chairs are comfortable, colorful and add additional seating to your pool, deck and other outdoor public areas. Eco-friendly “faux wood” products are typically made of recycled plastic. This durable, long lasting material is easy to

clean and will withstand the extreme elements, proving to be a smart amenity investment for your properties. Whether Adirondack chairs are you’re choice or not, make sure that you always ask for commercial rated products that offer commercial liability insurance and warranties when purchasing patio furniture and accessories for your apartment community or commercial buildings. Heaters There are many outdoor heaters available on the market today. How to find the best product for your patio is the key. Whether it be electric, natural or liquid propane, there are a variety of options. Heaters are not always about heat. Fire is alluring and draws attention to a location. Sometimes they are designed for

ambiance or to be used as outdoor signage at night. When shopping for heater, I suggest that you keep these questions in mind: • How many BTU's (British Thermal Units) does a heater offer? The lower the BTU's the less heat output? • Does the heater come with a replacement parts program? • Does the heater come with a commercial warranty? • If so how many years and what does it cover? • Is there a local representative or dealer that can help you with any issues that may arise?

Ask about the frames and finishes. Are they stainless steel? If they are steel with a painted finish, are they powder coated or just painted. When it comes to commercial rated heaters, price plays a huge part on the difference between something that is built to last or something that will need to be replaced after one season. You definitely get what you pay for when it comes to really inexpensive products. In this case, if you are using a heater that is not up to code or considered to be commercial rated, you could be setting yourself up for a liability situation that could cost you much more in the long run. CMS Commercial Furniture offers the finest selection in commercial rated outdoor furniture and accessories. We've worked with many hospitality and multi-family housing properties to create revenue generating spaces and provide custom designed products to offer that one of a kind feel. All of the above combined with flexible price points, has allowed us to find our niche in this industry. www.cmsfurniture.com 480-892-3212 info@cmsfurniture.com

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Windows 1) The pet(s) shall be on a leash or otherwise under tenant’s control when it is outside the Antenna/Cable tenant’s dwelling TV unit. Blinds/Drapes 2) Tenant(s) shall promptly pick up all pet waste from the premises promptly. Fireplace 3) Tenant(s) are responsible for the conduct of their pet(s) at all times. 4) Tenant(s) are liable for all damages caused by their pet(s). Cleanliness 5) Tenant(s) shall pay the additional security deposit listed above and/or their rental agreement as a condition to keeping the pet(s) listed above. 6) Tenant(s) shall notBEDROOM allow their pets to cause any sort of disturbance or injury to the 1 BEDROOM 2 other tenants, guests, landlord or any other persons lawfully on the premises. Walls 7) Tenant(s) shall immediately report to landlord any type of damage Walls or injury caused by their pet. Windows 8) This agreement is incorporated into and shall become part of Windows the rental agreement exe Blinds/Drapes -cuted between the parties. Failure by tenant to comply with any part of this agreement Blinds/Drapes shall constitute a material breach of the rental agreement.

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BEDROOM 2

Smoke Detectors

NO PORTION of

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this form may be Floor reproduced without Electric Outlets Light Fixtures

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Rental Housing Journal Valley · March 2018 uNaCCePTaBLe CoLor uSaGe

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Rental Housing Journal Valley

Dear Maintenance Men: by Jerry L’Ecuyer & Frank Alvarez Dear Maintenance Men: I have a toilet that runs every ten or twenty minutes. I have replaced the fill valve, the flapper valve and I have even scrubbed under the rim! In other words, all the items I can think of that are replaceable in the tank are new. What else should I be looking at? Sam Dear Sam: You replaced all the easy ones!! When all else fails on a toilet leak down issue; it is time to put on your rubber gloves and get an adjustable wrench. Chances are the problem lies with the Flush Valve Seat. The rubber flapper valve seals against the flush valve seat (the big hole at the bottom of the tank.) to either keep the water in the tank or let the water out of the tank. The seat may have a burr, crack or calcium deposits that allow a small amount of water to seep past the rubber flush valve. Sanding the seat to remove the burr or calcium deposit is a short-term solution and rarely solves the problem for long. A permanent solution is to replace the flush valve. Start by turning off the water supply, completely empty the tank and remove the water line. Remove the two or three bolts holding the tank to the toilet bowl. Turn the tank upside down and remove the large nylon or brass nut that holds the flush valve to the tank. Install

the new flush valve. Be sure the tank bottom is clean and no debris gets between the new valve’s rubber gasket and the tank. Tighten the large nut on the outside of the tank and you are ready to reassemble the tank and bowl and put the toilet back into action. When reassembling the tank to the bowl, install new rubber washers and bolts. Dear Maintenance Men: I have a number of buildings that have old sliding windows and glass doors where the track is ground down to the point where the slider drops and barely maintains its position in the frame. Is there an insert or rollers that attach to the slider that elevates it and maybe even makes it easier to open and close? With the age of these buildings, I’m finding this is becoming a common problem. Craig Dear Craig: The best solution would be to replace the window assembly, but that can be costly. What we do is install a nylon or vinyl track insert or rail cap (Brand name: EZ-Slide) and replace the wheels to match the new insert. The inserts can be found at local hardware stores or at a company called Prime-Line Products. (/www. primeline.net) or Blaine Window Hardware Inc. (www.blainewindow.com).. These companies carry replacement parts for most windows. It might be best to call

the company and tell them what brand windows you have and they might be able to get you exactly what you need. Dear Maintenance Men: While walking around my building, I found white powdery stuff growing on the surface of the building’s concrete foundation. What is this and do I need to worry about it? Fred Dear Fred: The effect is called efflorescence and it is a natural occurring condition on wall or floor material such as concrete, brick and stucco. These porous materials absorb water and when the water evaporates, it leaves behind an alkaline salt. The efflorescence appears as a white, crystalline powder. Water is always the culprit. First thing to check would be sprinkler locations and if the spray hits the wall, relocate the sprinkler. Another problem is moisture wicking up into the stucco from the ground. Older buildings built before 1974 probably do not have a “weep screed” at the bottom of the wall. A weep screed is a metal flashing designed to act as a vapor barrier and transition between the concrete slab or stem wall & wood framing. Installing a weep screed after the fact is not feasible. A solution would be to locate the transition between the slab or stem wall and the wood framing. Saw cut through the stucco to the base plate. Now

fill the saw cut with a bead of silicone sealant. The silicone will act as a vapor barrier, effectively stopping the moisture from wicking up into the stucco. Refinish your stucco and paint to suit. WE NEED Maintenance Questions!!! If you would like to see your maintenance question in the “Dear Maintenance Men:” column, please send in your questions to: DearMaintenanceMen@gmail.com If you need maintenance work or consultation for your building or project, please feel free to contact us. We are available throughout Southern California. For an appointment please call Buffalo Maintenance, Inc. at 714 956-8371 Frank Alvarez is licensed contractor and the Operations Director and co-owner of Buffalo Maintenance, Inc. He has been involved with apartment maintenance & construction for over 20 years. He is also a lecturer & educational instructor and Co-Chair of the Education Committee of the Apartment Association of Orange County as well as being Chairman of the Product Service Counsel. Frank can be reached at (714) 956-8371 Frankie@BuffaloMaintenance. com For more info please go to: www.BuffaloMaintenance.com Jerry L’Ecuyer is a licensed contractor & real estate broker. He is currently on the Board of Directors and Past President and past Chairman of the Education Committee of the Apartment Association of Orange County. Jerry has been involved with apartments as a professional since 1988.

Portland Landlords Resign ...continued from 1 the newspaper. “In today’s housing market, landlords are going to say, now is the time to cash out.” Landlords resign saying commission premise is that tenants are victims Nick Cook, of Sleep Sound Property Management, also resigned from the Rental Services Commission according to the Portland Mercury and saying in a statement, “The premise guiding the agenda and terminology is that tenants are victims who need more protection,” Cook wrote. “There have been zero ideas or discussions on how to relieve the hardships, liability, and risk landlords face every day. This is not to suggest we have a perfect system, but that absence of concern for both the landlord and tenant is disconcerting.”

Cook also wrote in his resignation statement to the mayor that “instead of being able to share and debate ideas that could be presented for review to the City Council, Portland Housing Bureau and your office, we have been spoon fed what appears to be an already ironed out agenda. “The city portrayed ‘ideas’ as if they are under review, when in fact they have already started implementation,” he wrote. Also he said he was “shocked and alarmed at the gross lack of knowledge” by commissioners on how tenant screening works “in the real world.”

Last month a new research study recommended Portland remove the exception for small landlords who own only one property and require them to pay moving expenses if they evict a tenant for no-cause or rent increases over 10 percent, according to reports. Chariot Wheel Research Consultants authored the study which says, “This single-unit exemption not only undermines the spirit of the law, it leaves nearly 20% of renter households vulnerable to the same double-digit rent increases and no-cause evictions which precipitated the housing state of emer-

gency to begin with, thus perpetuating and exacerbating the very hardships the RELO ordinance seeks to mitigate. Furthermore, this exemption effectually creates two classes of renters – those who are protected and those who are excluded – by virtue of the size of their landlord’s local real estate investment portfolio.” Resources: Wheeler’s Change of Heart on Renter Protections Has Property Managers Ditching a City Committee Wheeler’s reversal prompts rental manager to quit commission

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Rental Housing Journal Valley

Wood fence a traditional favorite requiring maintenance

Vinyl easy to install but can be damaged

can easily collapse due to harsh weather or impact. The plastics utilized are cold temperature-sensitive and can become brittle, which is why vinyl is not ideal for areas where cold and harsh weather is common. One last issue is that the manufacturing processes behind vinyl production are not very environmentally friendly. Aluminum ideal for decorative fencing for your rental property Aluminum is known for its malleability, which is indeed why it is widely utilized to craft decorative and elegant fencing. Also, it is lightweight and easy to clean. Aluminum fencing is generally similarly priced to vinyl, but it is important to keep in mind that this bargain could be offset by repair costs: Aluminum is delicate, and while they’re fairly easy to repair, our experts find that bends and dents are common. Aluminum is ideal for beautiful decorative fencing, but it is not the best option for privacy and safety as it is not made to provide significant shielding. Chain-Link fencing for your rental property Chain-link is a very simple and inexpensive kind of fencing, making it ideal for very large spaces or pens, especially

Overall, our experts suggest to avoid letting vegetation to grow on the wood to protect it from excessive moisture, and to have it regularly treated to protect it against parasites, like termites. It’s important to keep in mind that very wet and very hot and dry climates can cause the wood to damage rapidly and crack, warp and splinter. A man-made material, vinyl (also called PVC) does not rot, splinter, crack or warp. The synthetic plastics utilized to craft this kind of fencing are inexpensive, and unlike wood, Vinyl can be manufactured, thus making it so that its standard market price is controlled and not likely to suddenly become more expensive. Another benefit to vinyl is that it is often made to be extremely easy to install, consisting of lightweight pieces that can be simply snapped together. Vinyl does cost slightly more than wood, but in contrast, it is not so easily damageable and it is not demanding when it comes to maintenance. Manufacturers claim that the only maintenance issue that is likely to affect Vinyl over time is discoloration, but this can be easily resolved by simply re-painting the fence. While those characteristics are certainly appealing, our experts point out that vinyl is not as strong as wood, and it

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2. 4 Reasons Rental Housing Journal Metro May Look a Rental Property 2. 4 Reasons a Beat-Up Rental December 2017 May Look Beat-Up Property 4. Top Trends 7. 4 Ways 2. 4 Reasons a Rental Property 7. 4 Ways to Be to December 2017 7. 4 Ways to Be Proactive in Rental in HOA & 13. Dear Proactive Property Be Proactive in May Look Beat-Up in Rental Maintenance Property COA Men 4. Top Trends in 5. Ask Property Properties Maintenance Maintenance Rental 13. Maintenance Dear Maintenance HOA & COA December PropertiesKen Schriver Men 10. Property 13. Dear 4 $2 ToolsBeat 15. The One About the 4. Top Trends in HOA & COA Properties 2017 10. 4 $2 Tools 5. Ask Ken Schriver 6. Want Maintenance 10. 4 $2 Tools that Could that 15.that TheCould Save One About toyou $$$ Save thaton withCould Know an Ugly you $$$ Stick Men that on the Property 15. Next Maintenance Save you Next Training Working? that Next Maintenance Maintenance 5. Ask Ken Schriver The One Beat with an Ugly Call – Askif Your 6. Want to Know Call 12. Stick $$$ on About the Call if Your Training Your Employees Is the 16. Retail is with an Ugly Research Market 12. Is the Property Report Outdoor is Outdoor Is the Outdoor Faucet 6. Want to Know if Your Training isWorking?12. 16. Retail – Ask Faucet at Your Property at Your Rental Beat Stick Your Faucet Research Market Property 18. Rental 16. Retail PropertyEmployees Winter-Proof?at Your Winter-Proof? 9 Insights for Property Winter-Proof? Working? – Ask Your Employees RentalReport Managers Research 18. 9 Insights for Market Report Heading into 2018 Property Managers 18. 9 Insights Heading into 2018 Heading for Property Managers into 2018 Journal Metro

www.rentalhousi ngjournal.com www.rentalhousingjournal.com • Professional • Professional Publishing, www.rentalhousingjournal.com • Professional Publishing, Inc Inc Publishing, Inc Published

Portland/Vancouver Portland/Vancou Portland ver /Vancouv

in association Published in association with: Multifamily with: Multifamily NW; Rental Published in association with: Multifamily NW; Rental Housing Housing Rental Housing Association ofNW; Association Oregon; IREM & Clark Association County Association of Oregon; IREM & Clark County of Oregon; Association

13 New NewSubtly Tax Laws New Tax Laws Tax Laws 13 Affect Subtly Subtly Affect Affect

IREM & Clark

County Association

Ways to Pet Ways to Pet Proof your Rental Proof your Property Ways to Pet Proof your Rental Property Rental Property

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by John Chang

Alter Capital Flows, Alter Capital Flows, Alter Business Capital Flows, Business Structures Structures Structures and Portfolio Strategies by John and Portfolio Business Chang and Portfolio Strategies by John Chang Strategies

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The Buyer was in a 1031 and maintenance checkup this week provided be sure you on ways to petprotecting out. hadThe a Buyer proof your investment huge are rental property to was in a 1031 to sort it by Keepe focuses on ways to pet your In a similar situation, another clientamount of tax penalty at risk.huge well as and income be proof amount of and had a as protecting your investment sure you arekeeping your tenants In a similar situation, tax penalty your rental property to be sure you was recently bitten by the prepayment happy. another client and income at risk. Waysasto In a similar was recently bitten wellare as keeping your tenants pet proof protecting your investment and income penalty snake. She refinanced a property, by the prepayment as happy. was recently situation, another client your rental with a property snake. She refinanced bitten by the well as keeping your tenants happy.Ways to pet assuming that she was going to holdpenalty makeover it for a property, penalty snake. proof your rental prepayment Property makeovers assuming that she was going to She refinanced an additional five years. She intended with a property to hold assuming Ways to pet proof your rental it for that are makeover minimize an additional five years. She intended she was going a property, property damagethe best way to use the refinance funds to buy another Property makeovers with a property makeover an additional to to hold it for inway durable, are the best by investing the refinance funds five property. Then, out of the blue use to long-lasting to buy another - just use the refinance years. She intended solutions. Property makeovers are the bestminimize property. 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Portland, OR Permit #5460

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OR Permit #5460

REALESTATE

Wrought iron strong and saves on maintenance

for pets. Installing chain-link fencing is also simple and fast. Chain-link is not very sturdy and does not offer much privacy, which is why it is not the best choice for residential properties where tenants and/or property managers are wanting a fence that offers protection and privacy. When it comes to maintenance, the thin links of the fence and their junctions are vulnerable to rusting and corrosion. Vinyl coating can extend the life of chainlink, but most people opt for a complete replacement when wear and tear becomes evident. Wrought iron is made to be durable while looking beautiful. It can be molded to create elegant styles, and the natural strength of the iron makes it a good option for a secure fence that won’t need much maintenance over the years. Wrought iron can develop a patina as it ages and oxidizes, which some find appealing and some do not: if desired, this can be addressed by having a professional restore the iron with appropriate treatments. While wrought iron makes it possible to save money on regular maintenance, in

most cases it is the most expensive fencing option available. Installing heavy-duty iron fencing is also a work-intensive project that should be left to a professional. Wrought iron can rust easily in regions where the weather climate is wet. Rust develops where the iron is most worn down, which makes it essential to fix scratches and chips as soon as one notices them. Brick and stone a serious investment Having a fence built with cement and bricks or stones is going to be one of the much pricier options available for fencing. While those fences are unaffected by weather and most other common sources of tear and wear, they require quite a lengthy and work-intensive installation process, and they can’t be easily modified, making expansions or alterations an issue. Our maintenance professionals point out that opting for brick and stone fencing is a lengthy commitment and a serious investment. •

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503.390.6060 gabe@smicre.com www.smicre.com Rental Housing Journal Valley · March 2018