LB Property Management Today

FCC Affirms retroactive lift of ban on bulk agreements for video services.

2010-03-17T22:06:00.000-07:00

In March 2010 the FCC entered an important Order that affirms the right of apartment building owners the right to enter into exclusive marketing agreements and bulk billing agreements with video service providers. The exclusive marketing agreements are different that the exclusive access agreements which are not allowed. The exclusive marketing agreements are allowed because they promote one service but still allow competitors to service the property and compete for business. It was determined that the bulk agreements are actually beneficial to the consumers because of the price reductions that typically go along with the bulk agreements. While an owner may enter into these agreements the owner cannot prohibit a tenant from utilizing another service at their own expense. Owners can however control how and where other equipment may be installed on the property. The tenant would bear the expense of any installation expenses and the cost of the alternative service.

The first link below takes you to the FCC Order. The second link takes you to the National Mutli-Housing Council site which discusses this ruling in further detail. The third link takes you to a sample form and installation instructions used at a homeowner's association. Property owners should have something similar included in their lease package which is delivered to the tenant when they move in to their apartment.

http://www.nmhc.org/Content/ServeFile.cfm?FileID=7941

http://www.nmhc.org/Content/ServeContent.cfm?ContentItemID=5610

http://www.lbprop.com/kk.pdf

HOA's Don't Lose Your Corporate Status

2010-03-13T15:10:00.000-08:00

All California homeowner associations must file the Nonprofit Corporation Statement of Information (SI-100) and the Statement of Common Interest Development (SI-CID) with the Secretary of State every two years. If you choose not to file these every two years your corporate status will likely be suspended. Do not confuse the need to file these with filing your taxes. It is not necessarily going to happen at the same time.

The fee to file these forms is not substantial and run at $20 for the SI-100 and $15 for the SI-CID. The due date is tied to the association’s incorporation month, not its fiscal year. So be sure to place a reminder in your personal calendar to remind you to file these forms every other year. If you are using Outlook, simply schedule the reminder once as a recurring Task and you computer will remind you when the forms are to be filed. These forms are often overlooked but it is an important detail. The State will send out these forms but if the mailing address for the association has changed the forms may not get to you.

You may access fill-in forms directly through the links below.

Both forms are available through the Secretary of State website at www.ss.ca.gov.

Boards should follow these steps to avoid the suspension of your corporation.

Know the incorporation date of your association.
Determine when the forms were last filed.
Schedule a reminder for the next due date.
Advise any new manager/management company of the due date.
Ask for a copy of the completed forms that were filed

New rules about lead based paint every landlord who owns buildings built before 1978 should know.

2010-03-05T23:38:00.000-08:00

Effective April 2010, landlords and contractors have some new Federal requirements when working on properties that were built before 1978. The Renovation, Repair and Painting Rule (RRP) goes into affect in April of this year. The rule imposes requirement on all contractors that work in building built prior to 1978 to become Lead Certified Renovators by taking a one day course on working in these types of buildings. California has similar and even more stringent rules in place already, but with the Federal RRF Rule going into effect it is likely that we will see increased enforcement of the rules as the enforcement seems to be well funded.

Aside from the fact that the enforcement will be more tightly monitored, landlords need to be aware of this law because failing to follow the RRP rule can create a tremendous amount of liability. Landlords I know and work with are good people and care about the well being of their tenants and do not need the threat of lawsuits or fines to do the right thing when dealing with a hazardous materials. That said people do make mistakes because they are not aware of the potential dangers or the requirements when dealing with hazardous materials. We are all aware of the dangers of lead poisoning but there are many misconceptions about how lead poisoning occurs. It is widely believed that most poisoning occurs when somebody ingests paint chips but the fact is that most lead poisoning occurs from lead-contaminated dust. This can occur from repetitive opening and closing of windows and doors or improper handling of a job site wherein lead based paint is disturbed. When contractors do not properly handle the work areas when disturbing areas that contain lead based paint, harmful dust particles can be released into the air. People breathing in that dust can suffer severe health problems. Children and pregnant women are especially susceptible to the harmful effects of lead poisoning and the effects of lead poisoning are irreversible.

A brief summary of the Rule is found below. For more details about lead based paint rules visit the sites listed at the end of this article.

1. The RRP applies to all target housing where more than 6 square feet in a room or 20 square feet outside is being disturbed.

“Target housing” means “any housing constructed prior to 1978,” except any “0-bedroom dwelling,” and housing for the elderly or disabled (unless a child younger than six years old resides, or is expected to reside, there)

2. This applies to literally millions of jobs done each year. It does not only apply to painting but includes, window replacement, repairing doors and walls, electrical work, heating and air-conditioning, demolition, plumbing and many other jobs. The bottom line is when most work is being done in a pre-1978 building you should assume there is lead paint involved and take the necessary precautions to comply with the RRP Rules and the more stringent rules imposed by the State of California.

3, Contractors performing the work must distribute a pamphlet entitled 'Renovate Right" and obtain a signed receipt from the occupants before starting work.

4. One RRP Certified Renovator must be at each job site. They do so by taking a class.

5. In addition to individual certification each firm doing work must be Certified. They do so by filing the proper forms and paying the fees which run around $300. April 2, 2010 is the deadline and after that date firms may not perform work without this certification.

6. Lead Safe Work Practices must be followed. The checklist found at this site explains those safe work practices. California requires Lead Safe Work Practices in all instances whereas the Federal rules apply only to "Target Housing".

http://www.deh.enr.state.nc.us/ehs/children_health/Lead/10-07LeadSafeWorkPracticeChecklist.pdf

7. Contractor must perform a cleaning verification upon completion of the job. This is referred to as the dust wipe clearance. This is a controversial step because the reliability of such test is questionable. Nevertheless the step is required. A study on this clearance test can be found at

http://www.sanama.hr/Administration/_Upload/Documents/0506_DustwipeApp.pdf

Some additional information about the RRP rule and handling lead based paint can be found by clicking on the link below.

http://www.healthyhomestraining.org/LSWP/NCHH_Federal_LBP_Benchbook_1-23-09.pdf

There are some serious penalties that will be imposed on firms that violate the RRP Rules. The civil fine is $32,500 per offense and an additional criminal penalty of $32,500 if they are knowingly violating the RRP Rule and could face jail time. The link below gives you a little more information about the potential penalties and the RRP rule.

http://www.agc-oregon.org/public/resource_center/lead_AMEC_1.pdf

You're Fired!!! Because you hit "Reply All". Some Tips on email etiquette and getting the message out that you intended.

2009-08-21T13:59:00.000-07:00

You know it as soon as you clicked on the "Send" button. You copied your boss on an email that contained an inappropriate response. It is too late to recall the message and no way to explain your comments. It is just time to gather up your personal belongings and head for the door.

This is obviously an extreme case, and who knows maybe your boss will laugh it off. But the real message here is "Are your email messages holding you back or helping you get ahead?" I recently read a book entitled Send, written by David Shipley and Will Schwalbe. The ideas below predominantly come from this book and the balance comes from my personal opinions and experiences.

We all use email these days to communicate, just as we previously used the fax machine, telephone calls, memos, letters and meetings. While none of these other forms of communication have become obsolete, email certainly has taken over much of the communication market share these days. Keep in mind, email is a very new form of communication and really got started around 1990. Despite the fact that it has been around less than 20 years, it's use continues to increase exponentially. For example, President Clinton's administration turned over approximately 32 million emails to the National Archives. Eight years later the Bush administration turned over more than 100 million emails. The use of email in businesses and for personal use has grown in similar fashion. As with all technology it takes time to perfect the use of the new tool. Now is the time for you to take a look at how you communicate via email in business situations. We will avoid discussions about personal email at this time.

The Deadly Sins of Email:

Let's start by listing the "8 Deadly Sins of Email" as listed in the book entitled Send. If any email you write falls into these categories, don't send the message. Delete the message and start over.

The email that is unbelievably vague.
("Remember to do that thing")

The email that insults the recipient so badly they have to leave their desk.
(HOW CAN YOU NOT HAVE DONE THAT THING?!!!!")

The email that puts you in jail.
("I got rid of the evidence. You should shred your documents too")

The cowardly email.
(This message is to let you know you are being let go.")

The email that won't go away.
(Re:Re:Re:Re:Re:Re:Re: that thing)

The sarcastic email that makes the recipient want to get up from their desk.
(Smooth move on that thing. REALLY SMOOTH.")

The email that is too casual
(Hiya! any word on that promotion thing?)

The email that is inappropriate.
(Want to come to my hotel room to discuss that thing?")

These are good for starters but I have a couple others that I personally consider email sins.

The lazy email.
("Please advise.").

That's it. That's the whole message. Typically the sender has attached a letter or some other document, offers no opinion of their own and sends it to their supervisor. While the sender thinks they are merely asking for assistance they are sending the message to their supervisor that either they have not taken the time to give the matter any thought or they do not have the ability to come up with even a single solution to the problem. Is that the message you want to send? Would you walk up to your boss and hand him a document and simply say "Please advise." No of course you wouldn't. Communicate in email as though you were speaking with the person directly

The email follow up.

This is when the email author calls or stops a coworker within a few minutes or even hours after sending a message to ask, "Did you get my email?". This is a huge time waster and defeats the very purpose of communicating via email. It shows a lack of respect for the person to whom you are writing.

The email sender who always hits "Reply All".

Too often people think that if somebody was copied on the original message they should be copied on every response generated. Sometimes they do need to be copied but certainly not on every 'Thank You" or "Me too!" message. Before hitting "reply all" and sending any email, ask yourself is the message even necessary. Sometime no response is the best response. If everyone else does not need the information reply only to those who do need the information.

Did the email you just sent accomplish anything?

Bob Geldof, a famous musician and businessman recently said he hates email because it gives us a "feeling of action" even when nothing is actually happening. This is a valuable thing to keep in mind as we write email messages every day. It is an easy trap to fall into and if we do not give the proper amount of thought to when to send an email and about the content of that email we can do more damage than good. Activity is not to be confused with productivity. One can send hundreds of emails everyday but accomplish nothing. With that in mind let's go over how to construct an effective email message. There is more to it than you think.

A quick checklist before you send that next email message:

Who is the recipient and what is your relationship to them?

Employee - Boss; coworker - coworker; supervisor - subordinate; friend to friend. The content of the message should be determined by this relationship. For example you would not send an email to the CEO about some small issue just as you would not interrupt his day by walking into his office with that minor complaint. Because emails so easy to shoot out to the world we often forget to give any thought to the message before it goes out.

Would you have the same exchange if it were in person?

If the answer is no rewrite your message.

Is the email too familiar?

You should not lose a sense of decorum because you are communicating with email. People make the mistake of thinking email is somehow more casual than other forms of communication and therefore common courtesy and respect is dropped. This can be a costly mistake professionally.

Who is in the 'To" line?

Give this some thought. Include only one person in the "To:" line whenever possible. It indicates a need for that person do something. If you put more than one, specify what each person listed is to do in the body of the text. Don't hope they understand who is to do the tasks. For example see the message below. Who is supposed to bring the slides?

To: Bob, Susie, Jane
Re: slide show
From: Craig
Please bring the slides, the projector and the coffee.

Who is in the "cc" line?

Consider this an FYI line. You use it to keep people informed. The recipient will assume no action required when they see their name in the "cc" line.

Who is in the "bcc" line?

This is a tricky one and is used when you do not want to let others know who else may be copied on the message. Avoid this entirely except when you are trying to protect the recipients by hiding their email addresses. If you want to send a message to a party you don't want included on the original message, for whatever the reason, just send a separate message only to that person. To help keep privacy with email addresses: Use the bcc field. Check out this site for more details on that topic. http://bccplease.com/

Did you use the "Subject" line?

The subject should be clear and informative never blank. You also want to be careful not to use words that cause your recipient's computer to interpret your message as spam. The following site will give you the top 100 words not to use in you subject line. http://www.digitaldialogue.com.au/marketing/131-top-100-words-not-to-use-in-your-email-subject-lines

Should I be responding with an email or is a fax, letter or meeting more appropriate?

Email is not the correct answer always. Sometimes your response to an email message should be a letter because the situation demands a more personal touch. A meeting may be best if the matter is sensitive, a fax may be better because they need an original signature and a call may be needed because you need to convey emotions. There are many other reasons to use other forms of communication as well but the important idea here is to give the matter some thought. Because somebody communicated with you via email does not mean the response should be an email.

To include attachments or not to include attachment?

First consider whether or not the attachments are necessary. If possible include the information in the body of the message and skip the attachments. Don't just send the attachments with little or no explanation and if you know the person works on a handheld regularly explain a bit about what the attachment contains because often attachments are difficulty to access and read on a handheld.

There are many other pointers available for writing emails, managing emails and communicating in today's business world. I recommend reading "Send" if you really want to fine tune your use of email. It just may be the thing that is holding you back. the world is full of hard workers but if they do not grow and cannot demonstrate the ability to continue to learn, even the hardest of workers can get passed by as their peers get promoted. You can learn more about the book at the following link; http://www.thinkbeforeyousend.com/index.php?c=book.

Another site with some of the same ideas discussed above as well as some other really great ideas not addressed her is http://www.emailreplies.com/

My thanks to Brian Theobald who contributed to this post prior to it being published.

If you have some additional thoughts on the subject please share them via the comments button below. Thanks

Tenants are vacating. Are you handling them properly?

2009-06-25T15:43:00.000-07:00

The job of a resident manager is an important one. When a resident manager employs consistent procedures in handling recurring situations at their property the tenants are happier, the building saves money and the manager's job becomes easier.

How a manager handles a tenant that is vacating can dramatically affect the performance of an apartment building. Mishandling the situation results in owner's paying for repairs caused by tenants, tenants leaving with ill feelings that may affect future leasing efforts, litigation and even penalties and fines assessed on the property owner. The move out process starts as soon as a tenant advises the manager that they are moving out and continues until the day they receive an accounting of their security deposit and their refund check, if they are in fact entitled to receive a refund. The steps below have helped the resident managers with our organization avoid these pitfalls and helped save our property owners money.

1. Notice of Intent to Vacate: Tenant delivers a written 30 Day Notice of Intent to Vacate. This must be done in writing to be valid. A tenant telling the resident manager they may move in thirty days as they pass him or her in the laundry room is not valid, nor is leaving a voice mail message on an answering machine. It must be in writing to be valid.

2. The resident manager should be required to send the written notice to the management company the day they receive it. This is a very important step. The notice should be faxed or emailed to the office and they should keep the fax confirmation page.

3. Initial Inspection: The resident manager must deliver, to the tenant, a written notice advising the tenant of their right to request an inspection prior to vacating the apartment. Our managers use a form which is delivered to all tenants once they deliver their notice of intent to vacate. Language has also been added to most of our leases which also advises the tenant of this right. The second notice is to ensure we are in compliance with every tenant. It is important to remember that the tenant has a right, not an obligation to have an initial inspection. If they request an inspection we must do one. If they do not request an inspection or refuse an inspection you must have them sign a form acknowledging they have chosen not to have an initial inspection. A landlord cannot force the tenant to have an initial inspection. If the tenant asks for an inspection it cannot be scheduled earlier than two weeks before the end of the tenancy and they must receive written notice 48 hours in advance of the inspection time. Written notice is necessary even if you have agreed with the tenant on the date and time. You will identify during this initial inspection all items that will result in a deduction from the tenant's security deposit. The tenant must be given a copy of this list and he or she may repair, correct, or replace the items prior to vacating to avoid the deductions from their deposit.

4. Final Inspection: You must inspect the unit immediately after the tenant has moved out of the unit. This means the same day. It is at this time that you will list on a "Move Out Report" all items that need to be repaired and/or damages caused by the tenant. You do not include on the move out report items that are ordinary wear and tear. Only include items that are damages caused by the tenant on the Move Out Report. Make sure you have recovered from the tenant all keys, remotes, mailbox keys, and any other items belonging to the property. If any items are not returned they should be noted on the Move Out Report so the tenant is charged to replace those items. Also keep damaged items whenever practical. Sometimes you will keep a piece of the carpet that was stained or burned as evidence should the deposit deductions be disputed. It is not always practical but whenever possible it should be done. Photos should always be taken. You will need these should the tenant dispute the charges. You should also prepare a "Make Ready Report" which will include all items needed to bring the unit back to rent ready status. This report will include items for which the tenant will be charged, and items that are ordinary wear and tear.

5. Request a Vacancy Code: The resident manager should then call the management company to obtain a Vacancy Code. A vacancy codes is a unique code issued by the management company that confirms the unit has been vacated and the date on which it was reported. The manager should write the vacancy code on the top of their copy of the Move Out Report.

6. The Move Out Report is to be sent to the management company the day the tenant vacates the unit. It should be sent via facsimile or email with the vacancy code written clearly at the top. Do not allow a gap in time between the unit vacating and when this report is delivered to the management company.

7. The resident manager should then work with their property supervisor and schedule all work needed to return the unit to a rent ready status.

8. The tenant should receive from the management company an accounting of all deductions and a refund check within 21 days from the day they delivered possession of the unit to the resident manager. Enforcing the policies above, whether you are self managing or working with a professional management company will help ensure this deadline is not missed. It will also help keep the peace with departing tenants. There is no easier way to find yourself in litigation than to disregard this legal deadline.

Proper and efficient handling of a tenant when they are vacating a unit is a fundamental aspect of a resident manager's duties in most cases. While the steps above do not cover every scenario they will help save money, make tenants feel they are being treated fairly and avoid unnecessary disputes over deductions. They will also help ensure vacancies are reported and turned as soon as possible. It today's rental market tightening up the policies and procedures will result in a better performing asset.

The Protecting Tenants at Foreclosure Act of 2009 was signed May 20, 2009

2009-06-11T14:58:00.000-07:00

There is a new law that everyone should become familiar with if they are involved with foreclosed properties. On May 20, 2009 the Protecting Tenants at Foreclosure Act of 2009 ("PTFA") was signed by President Obama. The new law will definitely change the ability of the a new property owner to recover possession of a foreclosed property. This new law and how it will affect the purchaser should be considered before foreclosing on a unit.

Understanding who is protected by the law is first. The law states that the "bona fide tenant" is protected by the new law. One must first understand who is a bona fide tenant. A bona fide tenant of the previous owner is someone who entered into a lease agreement before the Notice of Foreclosure was recorded, the lease was negotiated at "arms-length," and the rent is not "substantially" lower than the fair market rent for the property. An exception may apply to the fair market value requirement if the rent is reduced because of a subsidy. The protections do not apply if the tenants are a child, spouse or parent of the former owner. If this is the case then the tenants are not bona fide.

So you have purchased a foreclosed property or you have foreclosed on a property and you have determined the tenant is bona fide and is on a fixed term lease. That tenant may remain in possession of the property until the lease expires. However, they must comply with the terms of the lease. Should the tenants fail to comply with the lease terms, the property owner may utilize the same remedies they would otherwise to enforce the lease terms. For example the tenant does not pay timely, a 3 Day Notice to pay or Quit may be served. PTFA does not affect any federal, state or local provisions for subsidized tenants that have longer time periods or other additional protections for their tenants. In other words, the tenant still receives the same rights and obligations provided by the subsidized housing rules or rent control.

There are a few exceptions that will allow the new owner to recover possession prior to the end of the lease term. If the new owner is going to use the property as his principal residence, a 90-Day Notice to Quit can be served notwithstanding a fixed term lease with the prior owner.

It is also important to note that if the tenant is a bona fide tenant and the tenancy is month-to-month a 90-Day Notice to Quit may be served to recover possession of the subject property. They may not stay there indefinitely but you would have to wait for the 90 Day Notice to expire.

Homeowner associations should consider the impact PFTA will have on their association when they are deciding whether or not to foreclose on a unit. Certainly this is not the only thing to consider but it should be part of the equation. It is most certainly something an association should be familiar with before they take steps to recover possession of a foreclosed property. this posting is not meant to cover all aspects of the new law and you should consult with your attorney and real estate professional prior to purchasing a foreclosed unit or before attempting to gain possession of a foreclosed unit. The law will terminate on December 31, 2012. To see the complete text of PFTA click on this link.

Los Angeles DWP has new rules. You will lose money if you do not comply.

2009-04-23T12:49:00.000-07:00

Reduce your water usage or pay a premium is the message sent by the DWP and the City of Los Angeles. Effective June 1, 2009 the DWP has imposed some new rules and rate changes. While we are currently in Phase I of the water conservation plan the City has decided to skip Phase II and jump to Phase III. The rules affect when you may use your automatic sprinklers, how you may wash vehicles and how you may use water at your property for cleaning among other things. The goal of the ordinance is to reduce water usage by 15%. There is a big push coming from the City to enforce these rules and there are fines for failing to comply. Property owners need to be sure they know the rules and are doing their part to reduce water usage. Failure to do so will result in a dramatic increase in utility expenses. The DWP has set up a phone line to report offenders and they will have teams surveying neighborhoods to identify offenders. This will be additional revenue so I expect there to be a push to find situations that warrant a fine under the new ordinance.

You should make note of the items below because property owners that do not adhere to the ordinance will be fined.

RULES REGARDING USAGE:

WATERING THE LANDSCAPING:

Automatic sprinkler systems may only be used on Monday's and Thursday's. Using the systems on any other days will result in a warning letter on your first offense. The second offense will result in a $100.00 fine and the fines increase to $600.
You may not water, irrigate landscaped areas between the hours of 9:00 am and 4:00 pm on any day, including Mondays and Thursdays.
You may use a hose and hand water on days other than Monday and Thursday before 9:00 am and after 4:00 pm but you cannot leave the hose unattended.
When using an automatic system you may only water for 10 minutes per watering day per station.
You may not water in a manner that allows excess or continuous water flow or runoff onto an adjacent sidewalk, driveway, street, gutter or ditch.
You can be cited and fined for watering during periods of rain even.

DECORATIVE FOUNTAINS, PONDS, LAKES AND OTHER AESTHETIC WATER FEATURES

You must have a recirculation system if you are going to use water to fill, clean or maintain water levels.

WASHING CARS:

Nobody is allowed to wash a car with a hose that does not have a self closing water shut off device.

WASHING SIDEWALKS, WALKWAYS, DRIVEWAYS AND PARKING AREAS

You may not use a hose to wash these areas unless you are using a Department-approved water conserving cleaning device. (A simple Spray nozzle does not qualify)

NEW RATES:

The new rates go into effective June 1, 2009 as well. At this time the Tier 1 allotment for each property will be reduced by 15%. This means that if your property is presently using all of the Tier 1 water allotment you will now be charged Tier 2 rates for the last 15% of the water used. This could be a substantial increase because Tier 2 rates are set to be increased by 44% as part of the new rate plan. All DWP customers must do their best to reduce their overall usage by 15% to avoid paying substantially more for the water each month. If you do manage to reduce the usage by 15% below your current Tier 1 level you should see a savings. If you want to determine your Tier 1 level you can do so on the DWP website lapwd.com . You will need your customer number and address. You can also find tips to reduce your water consumption on this website.

I recommend that you or your resident manager distribute a tip sheet to all your tenants. Most people want to preserve the environment and often just need a reminder. Owners should also routinely inspect every unit to be sure there are no water leaks, running toilets and such that are wasting water. A running toilet can waste hundreds of gallons of water each day. Hoping everything is OK because your tenants have not pointed out the issue will surely result in unnecessarily high water bills after June 1, 2009.

The DWP website lapwd.com has information about these new laws and rates. In addition to this site. You may also view articles recently published on the topic at

http://www.latimes.com/news/local/la-me-lawn-watering23-2009apr23,0,2958435.story

http://www.latimes.com/news/local/la-me-lawater18-2009apr18,0,2991632.story?track=rss.

A summary of the ordinance can be found on the DWP website as well or by clicking on this link.

http://www.ladwp.com/ladwp/cms/ladwp010964.pdf

Fair Housing: Reasonable modifications and reasonable accommodations. What do they mean?

2009-04-15T11:49:00.001-07:00

Are you complying with the 1988 Fair Housing Amendments Act (FHAA) at the properties you own? The obligations do not end with your leasing practices. This is especially true when you have tenants that have a disability. The rights of people with disabilities and a landlord's obligations to those people are often misunderstood. Part of the reason that there are misconceptions is that the rights of disabled persons are more complex than other protected classes. Landlords find themselves being sued because they do not fully understand that the discrimination not only encompasses refusal to rent and imposition of unequal terms and treatment, but also includes the denial of reasonable accommodations and reasonable modifications. These requests may be made at the time the new tenant is applying, but often the requests are made after the tenant has taken possession of the unit.

Landlords must understand that they are required to make reasonable accommodations and reasonable modifications when a tenant with a disability or their agent makes such a request, whether or not the request was made at the time the tenant signed their lease. The first step in avoiding a discrimination lawsuit is to make sure you and your employees understand the definitions of “reasonable accommodation” and “reasonable modification”. According to the FHAA a reasonable accommodation is “a change, exception or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling” and a reasonable modification is “a structural change to existing premises, in order to afford a person with a disability full enjoyment of the premises.” If you are unsure whether a request falls under the protection of the FHAA you should contact your attorney and ask them to provide you a legal opinion. I also recommend that you review the Joint Statement issued by the Department of Housing and Urban Development and the Department of Justice which can be found at http://www.teamlink.com/Disability_Accomodations_DOJ.pdf.

Some common examples of modifications and accommodations are listed below:

Installation of a wheelchair ramp (modification)
Removal of carpet and installation of hard wood flooring (modification)
Having a dog or a cat or other assistive animal in the apartment or condo (accommodation)
Widening a door way (modification)
Provide a parking space closer to the occupants dwelling (accommodation)
Request to have third party drop off the rent check rather than tenant personally delivering the check (accommodation)

It is best to start with the assumption that you are going to grant the request for either a modification or accommodation and then go through a check list to determine if the request is “reasonable”. The list below is not all inclusive but gives you some idea about the complexity of what is required of a landlord.

Does the request indicate a relationship between the modification/accommodation and the individual’s disability? If documentation is provided to establish that relationship or the relationship is obvious proceed to #2. If no, ask the requestor to explain and document the relationship. If there is no relationship the request may be denied. I again recommend consulting your attorney or management professional before denying a request.
IMPORTANT! If requesting documentation you may not inquire about the severity of the disability.
Was the request made by or on behalf of a person with a disability? If yes proceed. If no you may deny the request.
Will the modification/accommodation impose an undue financial and administrative burden on you? If yes you may deny the request but make sure you are clear on the requirements to qualify for this exception. It is complicated and the landlord must do to fully comply with the law.
Did you discuss alternatives with the requestor? This is imperative and doing so often leads to an effective result which does not pose an undue burden on the landlord, avoids lawsuits and keeps the tenant happy.

Once a request for a reasonable modification is granted, it is important that a landlord understand who is responsible for the costs associated with the modification and who is responsible for the maintenance of that modification. They are not always the same. In general the rule is that the requesting party is responsible for the cost of making the modification. However, if the modification is in the common area of the property the landlord is responsible for the maintenance of that modification. For example a wheelchair ramp is installed in the parking area. The requestor pays for the installation but the landlord must pay for the on going upkeep and maintenance. The law does state that a landlord may be required to make an accommodation or modification that involves some costs on their part so long as the costs do not pose an undue financial or administrative or a fundamental alteration of the landlord’s operations. When a modification is made that is used exclusively by the tenant, the tenant is typically responsible for the maintenance. Landlords who have made the mistake of passing on the maintenance of modifications made in common areas have found themselves in hot water, even though they happily granted the request for the modification.

When a request is received it is very important that you take each request seriously and that you determine how to respond to that request on a case by case basis. The laws are complex and typically the requestor is far more familiar with those laws than the landlord. When you are unsure about how to respond, and even when you think you are sure, it is a good idea to consult with a property management professional and your attorney. It is much cheaper to get a quick opinion on the front end of an issue like this than to pay for the cost of defending a lawsuit. Plus you end up with happy tenants that appreciate being dealt with professionally.

Property Management 101: Getting a job as a resident manager. Installment #1

2009-04-08T12:50:00.000-07:00

Finding a job as a resident manager seems to be more popular than ever. Every business day for the past several months I have received no less than 5, and as many as 15 unsolicited resume submissions or emails from individuals hoping to become a resident manager. Some are looking for a second income, others to reduce their rental expenses and some are looking for a career change. When we did advertise for a position the volume was even more astounding. We had over 130 people show up for a two hour, cattle call interview session in March 2009. What has surprised me most was not the volume of unsolicited inquiries or the volume of those responding to active recruiting, but the few people who actually properly prepared for the interview. Less than 15% of those looking for work satisfied some very fundamental requirements. It was amazing that people, looking for work, submitted poorly written resumes full of grammatical errors and typos, did not wear business attire to the interview, did not submit resumes with their initial inquiry, blatantly disregarded the requests of the potential employer and passed the burden on to the employer to track them down. I will elaborate a little on each of these points in hopes that those interested in obtaining jobs incorporate these fundamental ideas into their job search.

Resumes must be proof read and should never be typed in all capital letters.
Always bring the resume to the interview even if you have sent it electronically or mailed it previously.
Always dress better than is required for the job for which you are applying. In 20 years I have never dismissed a prospect because they were over dressed but have dismissed many because they failed to wear proper attire.
Don't send emails or letters looking for work without including a current resume. When you do this, the message you are sending is that you were too lazy to include the information or there is something you want to hide. Neither is a good scenario for the applicant.
Follow instructions. If an employment ad says, "Please don't call the office", DON'T CALL THE OFFICE. Respect the potential employer’s wishes. Kidding yourself that you are somehow getting a leg up on the other applicants by doing so is foolish. You are showing the employer that you have trouble following simple instructions. If an advertisement says you are to submit a resume, do so with your first submission, also submit references, don't wait to be asked a second time.

You may wonder why anyone would anyone waste their time writing this article because the concepts are so basic. Certainly people looking for work know to follow these rules. That is what I thought until recently as well. Some where these rules did not get passed on or were forgotten. There are many other pointers that should go onto this list but I wanted to cover the basics first. While doing these things will not ensure that you get hired, not doing them will certainly ensure you will continue to look for employment as a resident manager or whatever job offer you are seeking.