Law pg 11,12.qxp_Layout 1 10/19/22 8:45 AM Page 1
It’s the Law
By HOWARD BOOKSTAFF, Hoover Slovacek LLP , HAA General Counsel
GIVING THANKS! (Legally speaking.)
THE YEAR WAS 1621. The date was November 24. The Plymouth colonists and the Wampanoag shared an autumn harvest feast. Who would have thought that their meal would be thought of centuries into the future and celebrated by millions? But wait! It wasn’t until the author of a well-known child’s poem bugged a U.S. president, who finally heeded to many requests to officially proclaim Thanksgiving as a national holiday. That’s right (according to the History Channel website), Sarah Josepha Hale, the author of “Mary Had a Little Lamb,” launched a campaign to establish Thanksgiving as a national holiday. For over three decades, Ms. Hale tried to get the government to declare a national holiday. It wasn’t until 1863, during the height of the Civil War, that President Lincoln finally proclaimed Thanksgiving as our national holiday. So, it appears that the Thanksgiving holiday, as we know it today, was born out of a time of tremendous strife in our country. If the country could give thanks during that period of time in our history, it stands to reason that we should be able to find a way to give thanks during present times, even though we are coming out of a pandemic. Since this is the time to think about what we are thankful for, from a legal standpoint, what thanks can we give? Well, believe it or not, there are many things from a legal standpoint in the apartment industry that we can appreciate. Here’s my Top 10 list: 1. Our new Zoom culture If you asked me in 2019 what “Zoom” was, I would probably try to think of some DC Comics superhero. No longer. Technology (not only Zoom, but also Teams, Google and others) has allowed us to have many webinars, meetings and events without leaving www.haaonline.org
the confines of our home or office. Although one could argue we have lost the benefit of some personal connections, it certainly is a time saver and convenient to be able to click a button and get all the information you need. It’s also cool to be wearing shorts during business meetings!
Since this is the time to think about what we are thankful for, from a legal standpoint, what thanks can we give? Well, believe it or not, there are many things from a legal standpoint in the apartment industry that we can appreciate.
2. Remote court proceedings The Supreme Court of Texas has issued a number of emergency orders which provide that all courts in Texas may, without a participant’s consent, allow or require anyone involved in any hearing, deposition or other proceeding of any kind – including but not limited to a party, attorney, witness, court reporter or juror – to participate remotely, such as by teleconferencing, video conferencing or other means. The court’s orders have also given guidance to judges with respect to how to accept evidence and conduct proceedings remotely. Remote proceedings have the advantage of allowing parties to avoid traffic and be able to attend court from their office or home. It also could have the effect of minimizing court time and attorneys’ fees. Although these orders will expire at some point, the idea of remote proceedings may very well be part of our “new normal.” 3. Speedy eviction trials Believe it or not, Texas Law has a rule of civil procedure which requires that eviction trials must be held not less than 10 days nor more than 21 days after the petition is filed. While the rules also provide that a resident must be served at least six days before trial is held, the rules recognize that the eviction process should be a speedy one. Although the process has been somewhat elongated
over the last couple of years, many courts have been able to get back to a speedy eviction process. 4. The TAA lease The Texas Apartment Association lease offers a lot. The lease contains numerous provisions needed to hold a resident accountable for bad behavior. The new TAA lease form, section 11, has a number of provisions that would allow you to declare a default of the lease if residents act in a manner that is loud, obnoxious or dangerous, disturbing or threatening or disruptive. Aside from the conduct provisions, the lease will answer most questions either you or the residents have regarding your respective rights and responsibilities. If you have not already done so, you should become familiar with the provisions of the lease which should allow you to minimize problems down the road. 5. Rental assistance Many owners and residents have taken advantage of the robust rental assistance programs that were offered by the state and local jurisdictions. Although court involvement in the rental assistance programs has not been ideal (that’s where the 60-day abatement procedure comes from), the programs have allowed owners to get paid much needed delinquencies and kept residents housed during the COVID-heavy months. November 2022
ABODE
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