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A real estate-focused publication from your Chapter No. 29 of the Institute of Real Estate Management

1215 E. Powell Boulevard | Gresham, OR 97030 503.228.0002 phone | 503.512.8745 fax www.iremoregon.org | website www.irem.org | national website Institute of Real Estate Management Oregon-Columbia River Chapter No. 29

www.iremoregon.org Winter, 2014 Edition

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OREGON-COLUMBIA RIVER CHAPTER NO. 29

Inside Oregon-Columbia River Chapter No. 29

Industry News & Notes PAGE

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3 4 5 6 7 8 9 10

11

President’s Message Friends of IREM® 2014 Volunteers! Focus on Ethics

Inaugural Gala Highlights

IREM® EDUCATION—2014 Scholarships are Available!

12

PAPARAZZI!! 2013 Inaugural Gala Highlights

13

Fair Housing Council of Oregon Report

14

New Member Spotlight!

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®

IREM Young Professionals IREM® Income & Expense Data

16 17 Institute of Real Estate Management Oregon-Columbia River Chapter No. 29

www.iremoregon.org Winter, 2014 Edition

Inaugural Gala Highlights

Fair Housing Council of Oregon Report Continued...

Shadow

IREM® to Launch Job Initiative! New IREM® Publication: The Leasing Process, Landlord & Tenant Perspectives

Meet IREM®’s new IREM® Association Executive—Sarah Pierce! 2014 Membership Event Schedule PLEASE JOIN US!

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OREGON-COLUMBIA RIVER CHAPTER NO. 29

Cammie Allie, CPM ®, ARM®, 2014 IREM ® Chapter President Dear IREM® Affiliates:

Members,

Friends

and THANK YOU to Friend of IREM®, Millenium Building Services who presented Building Safety and OSHA standards.

And a New Year begins! Can you feel the excitement in the air? All around me are enthusiastic people who share my anticipation of what 2014 may bring. Your expert leadership in 2014 is no exception. We are thrilled to bring new possibilities and value for your membership in the coming year. I’d like to take this opportunity however, to reflect on 2013 and the accomplishments of the Oregon Columbia -River Chapter No. 29. Christina DuCoté, CPM® started 2013 as our Chapter President, yet an unexpected relocation lead her to San Francisco where she joined their IREM® chapter in July. During that first half of the year, we brought you several topics that included adjusting your attitude, fire safety, electrical safety, and the obligations of property managers pertaining to medical marijuana and their dispensaries.

Our annual Inaugural celebration was quite different this year as we combined IREM’s 80th birthday bash, awards ceremony and the inauguration of our 2014 officers. It was held at the Jupiter Hotel on a Friday evening and attendance nearly doubled that of previous events! Everyone had a fabulous time enjoying plenty of food, awards, dancing and socializing. Check out the award winners on following pages in this newsletter. A heart-felt congratulations to each of you! Wrapping up the year, we held our 26th annual Forecast Breakfast. A special thank you to the entire Forecast Breakfast committee as they took a risk in changing the format after so many years! Our new “Fireside Chat” received rave reviews, confirming the fact that attendee’s really enjoyed the new formatting. A thank you goes to the Portland Business Journal as well for the three-page review following the event. If you missed the article, it can be viewed here: http:// www .bizjournals.com/portland/blog/real -est at edaily/2013/12/micro-apartments-creative-office.html? surround=etf&ana=e_article. Transcripts of this year’s Forecast Breakfast are still on line at www.iremoregon.org.

We partnered with Terra Firma Foundation Systems who provided FREE continuing education credits to our members and presented great instruction on what to look for with failing building foundations. A big thank you The 2014 board and committee chairs are looking is also due to Pacific Landscape Management who forward to this coming year as we continue to bring you provided our annual sustainability program, also offering cutting-edge value for your membership. FREE continuing education credits to our members. Finally, please join all of us in welcoming Sarah Pierce as This year, we revamped our silent auction (benefiting your new IREM Association Executive (IAE). She can be JOIN), which incorporated a wine tasting tour with reached at 503-228-0002 or via e-mail at sarah@irem.org. Grape Escape Tours our auction this year. Let’s not She is excited to join our Chapter to provide you with the forget that we welcomed 2013 National Secretary/ resources and information you need in order to get the Treasurer Lori Burger to present and end the auction at most from your membership. McMenamin’s in Forest Grove, where we gave the west Wishing you and yours the most successful and side some love. prosperous 2014! The second half of the year was just as full – providing our third annual Par-3 golf tournament at Edgefield. A huge Institute of Real Estate Management Oregon-Columbia River Chapter No. 29

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Program Benefits & Information REFER A FRIEND ® FOR 2014!! Throughout the country, Friends of IREM® programs are a Chapter’s life-line. Without the support of our Friends, both financially and through participation, our Chapter would be hardpressed to provide quality member services and programs, such as today’s Forecast Breakfast. We consider our Friends as our partners—an enthusiastic and dedicated group of professionals who are always willing to lend a helping hand—from committee work and event planning—to donations of goods and services, thereby allowing us to raise money for charity and make a difference in the community and our local real estate industry. THANK YOU FRIENDS...FOR ALL THAT YOU DO! If you’re interested in our 2014 Friends of IREM® Program...a relationship with IREM® brings:

…with industry leaders who manage nearly $2 trillion in real estate assets. With nearly 16,700 members worldwide, IREM® is the largest organization dedicated to advancing the professional interests of commercial and multi-family real estate managers. In addition, IREM® Members:  Have responsibility for over 10.4 billion square feet of commercial properties.

 Manage more than 11.4 million residential units.  Manage, on average, commercial properties totaling 828,000 square feet.  Manage, on average, 1,293 residential units. …with the most respected organization in the real estate management industry. IREM ® has been the source for education, resources, information, and membership for real estate management professionals since 1933. An affiliate of the National Association of Realtors, IREM ® is the only professional real estate management association serving both the multi-family and commercial real estate sectors. Membership includes more than nearly 16,700 individual members and 535 corporate members. With 80 U.S. chapters, 14 international chapters, and several other partnerships around the globe, IREM® is an international organization that also serves as an advocate on issues affecting the real estate management industry.

…with an audience with $9.3 billion in buying power. Through networking, education and digital exposure, IREM® helps connect you to target the top firms in the country.

For 2014 sponsorship opportunities, or Friends of IREM® Program information, please contact the Chapter office at: info@iremoregon.org. Or, contact the 2014 Friends of IREM® Chair, Mark St. Pierre at: MStPierre@InterstateRoofing.com.

Institute of Real Estate Management Oregon-Columbia River Chapter No. 29

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OREGON-COLUMBIA RIVER CHAPTER NO. 29

2014 Chapter Leaders! CHAPTER OFFICERS PRESIDENT

Cammie Allie, CPM®, ARM®

VP OF EDUCATION

Kathi Pearce, CPM®

PRESIDENT-ELECT

David Genrich, CPM®

ARM® CHAIR

Tammy Mills, ARM®

VP OF FINANCE

Stephanie MacPherson, CPM®

1st MEMBER AT LARGE

Kathi Pearce, CPM®

VP OF MEMBERSHIP

Traci McCauley, CPM®

2nd MEMBER AT LARGE

Jeanna Rae Petty

VP OF COMMUNICATIONS

Julie L. Muir, CPM®

3rd MEMBER AT LARGE

Jennifer Gerritz, CPM®

4th MEMBER AT LARGE

Chris Pasteur, ARM®

COMMITTEE CHAIRS ARM®

Tammy Mills, ARM®

INAUGURAL DINNER

David Genrich, CPM®

AMO® LIAISON

Cliff Hockley, CPM®

INCOME/EX CO-CHAIR

Nutan Engels, CPM®

ASSOCIATION LAISION

Caitlin Kroeker, Associate

INCOME/EX CO-CHAIR

Michelle Schiffer, CPM®

CANDIDATE MENTOR

Traci McCauley, ARM®

IYP CO-CHAIR

Jocelyn Burmester, CPMC®

COMMUNITY SERVICE

Monique Clouser, CPM®

IYP CO-CHAIR

Audrey Jacobson

®

EDUCATION

Kathi Pearce, CPM

NEWSLETTER

Carmella Jaskiewicz, CPMC®

FORECAST BREAKFAST

Cini Apostol, CPM®

PROGRAMS CO-CHAIR

Ben Wickham, CPM®

FRIENDS OF IREM®

Mark St. Pierre

PROGRAMS CO-CHAIR

Brett Shockey, CPM®

SPECIAL EVENTS

Jocelyn Burmester, CPMC®

SCHOLARSHIPS

Troy Rappold, CPM®

IAE LIAISON

Julie L. Muir, CPM®

Being a part of the IREM® community means commitment to ethics – and specifically the IREM® Code of Professional Ethics. Ethics is part of our rich legacy and has been a cornerstone since the very beginning. Ethics awareness is not only important because of the value to IREM®; it is also important because of the long standing value it adds to your business as a member. Your commitment to IREM® ethics is what sets you apart from many others in the industry. There is no better time than the present to refresh your understanding of the ethical standards that make you unique. Reading the JPM® “Know Your Code” and “Higher Ground” ethics articles will provide guidance Download your copy today at: and prevention tips for how to conduct business in an ethical manner by focusing on www.irem.org/membership/ethics the Code. Institute of Real Estate Management Oregon-Columbia River Chapter No. 29

www.iremoregon.org Winter, 2014 Edition

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OREGON-COLUMBIA RIVER CHAPTER NO. 29

Committee Reports

EDUCATION + Continuing Ed Credits

By: Kathi Pearce, CPM®

HAPPY NEW YEAR! We are excited to promote our 2014 Education Schedule for the region. A very special THANK YOU to Melissa Joye and Bill Naito Company for donating educational space this year! Because of their generosity, all of our courses will be held at the beautiful Montgomery Park Building at: 2701 NW Vaughn Street in Portland. Please see the schedule below and register early. Don’t forget...we have local and national scholarships available—but applications should be submitted at least 30 days in advance of the course. Please feel free to contact me directly at: kpearce@wyseinvestment.com with any questions. We hope to see you in class!

COURSE

Oregon

Washington

ASM TRACT

10/6—10/10/14

5/18—5/23/14

CAPSTONE

Idaho

Alaska

9/22—9/26/14

ETH 800

4/23/14

9/19/14

FIN 402

9/15—9/16/14

1/23—1/24/14

HRS 402

5/5—5/6/14

MKL 405

5/7—5/8/14

3/5—3/6/14 7/16—7/17/14

MKL 406

2/27—2/28/14

MNT 406

3/27—3/28/14

RES 201

3/6—3/15/14

2/17—2/21/14

3/10—3/15/14

IREM ED is an advanced professional development program to maximize your potential and the value of the real estate assets you manage. Take your skills to the next level – get the knowledge advantage in a constantly changing world. The best instructors. Expert practitioners teach skills and share their experience. Flexibility. Learn at your pace, on your schedule, either online or in the classroom. Maximum performance. Providing industry best practices in the core competencies of real estate management. COURSES Expand your knowledge, work toward an IREM credential, and choose the learning option that works for you – or try them both! SELF-PACED ONLINE Set your own schedule, Access anywhere with an Internet connection. Six months to complete a course. Same content as classroom courses. Earn education credit towards IREM credentials. CLASSROOM Expert instructors with professional experience. Take courses individually or combined in convenient "tracks" Offered in the U.S. and globally. Earn education credit towards IREM credentials. ON-DEMAND LEARNING Maintain your skills or learn new ones with quick, easy-access options that can be accessed online anywhere, at any time. WEBINARS Each month IREM offers LIVE online webinars with expert discussion on industry issues, trends and best practices. Participants get copies of presentation materials and access to recordings. Registration is FREE to IREM members. Institute of Real Estate Management Oregon-Columbia River Chapter No. 29

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OREGON-COLUMBIA RIVER CHAPTER NO. 29

Committee Reports...Continued

By: Troy Rappold, CPM®

Did someone say Scholarship ??

Available Scholarships Bette Fears, ARM® Scholarship Bette Fears, ARM® served as the community manager for ParkPlace Apartments in Coeur d’Alene, Idaho. ParkPlace Apartments was a member of Tomlinson Black Management Inc., an ACCREDITED MANAGEMENT ORGANIZATION®. Bette was an active member of IREM® Inland Northwest Chapter No. 49, serving in local, regional and national positions within IREM®. As a member of the Foundation’s Scholarship and Grant Committee, Bette brought a sense of caring for all applicants as they exhibited a desire to advance careers in multi-family housing. The purpose of the Fears Scholarship is to assist recipients with the cost of tuition associated with achieving the ARM ® certification.

Donald M. Furbush, CPM® Scholarship Donald M. Furbush, CPM® was senior vice president for BRE Properties, Inc. of San Francisco, heading the company’s asset management department. He served as IREM® President in 1990, which capped a leadership commitment that began as president of IREM® San Francisco Bay Area Chapter No. 21. Mr. Furbush also held the Counselor of Real Estate (CRE) and the Real Property Administrator (RPA) designations. He was a member of the Society of Real Property Administrators, Building Owners and Managers Association of San Francisco, and the International Council of Shopping Centers. The purpose of the Furbush Scholarship is to assist recipients with the cost of tuition associated with achieving the CPM® designation.

Diversity Outreach Scholarship

The Foundation is committed to helping the Institute increase diversity in the real estate management industry and within IREM®. The purpose of the Diversity Outreach Scholarship is to assist individuals from underrepresented population groups with the cost of tuition associated with achieving an IREM ® credential.

Paul H. Rittle, Sr. Memorial Scholarship Paul H. Rittle, Sr., CPM® was president of the Pittsburgh real estate firm of Rittle-Rosfeld, which he founded in partnership in 1945. He served as IREM® President in 1972. He played an active role in local and national real estate organizations, having served as president of the Pittsburgh Board of Realtors in 1966 and chaired the NAREB Make America Better Committee for the state of Pennsylvania. In 1967 he was selected Realtor of the Year by the Pittsburgh Board. The purpose of the Rittle Scholarship is to assist recipients with the cost of tuition associated with achieving the ACoM® certification.

Available Scholarships from Oregon-Columbia River Chapter No. 29 Steven Barber Scholarship Thanks to the generosity of Steve Barber, CPM®, (whose long-standing service to the IREM® Oregon-Columbia River Chapter No. 29 ARM® program was the basis for this scholarship) Chapter No. 29 is proud to award scholarships to deserving real estate professionals who seek the ARM® designation.

Jack Stevens Scholarship Thanks to the generosity of many IREM® members and friends and family of Jack Stevens, IREM® OregonColumbia River Chapter No. 29 is proud to award scholarships to deserving real estate professionals who are seeking the CPM® designation, in the memory of Jack Stevens.

■For more information or to apply for any of these scholarships, visit www.irem.org or www.iremoregon.org, or contact Troy Rappold at: troy@rappoldpropertymanagement.com Institute of Real Estate Management Oregon-Columbia River Chapter No. 29

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OREGON-COLUMBIA RIVER CHAPTER NO. 29

NEW CPM® Member Spotlight

Committee Reports...Continued NEW Member Spotlight

l:

Michele Schiffer, CPM®

l:

Caitlin Kroeker, Associate Member Caitlin Kroeker is a Transitional Specialist & Property Manager with Fortress Property Management in Gresham, Oregon. Caitlin recently joined IREM as an Associate Member and currently serves as the Association Liaison on the Chapter No. 29 Board.

Michele R. Schiffer joined NAI Norris, Beggs & Simpson in 2012 with an extensive commercial real estate background spanning more than 15 years. Michele began her commercial real estate career as an intern with CBRE in 1996. During her year-long internship, she worked side by side with the top office leasing team in the Albuquerque office, and worked on over 60 lease and 5 sale transactions. One of Michele’s accomplishments was managing and leasing the Science and Technology Park at University of New Mexico, which is comprised of 360,000 square feet in eight office buildings on 163 acres. Michele was responsible for managing startup and existing leases, hiring and managing short-term and long-term vendors based on property valuations, and day-to-day issues with tenants. Michele has held additional positions in property management and commercial real estate brokerage. As a Portfolio Manager with Grubb & Ellis, she managed a portfolio comprising more than 450,000 square feet of Albuquerque industrial and retail properties. She also completed over $15 million in retail leasing and sales transactions as a Sales Associate with NAI Maestas & Ward.

Caitlin studied geography and anthropology at the University of Oregon. She became a property manager “because of my love of real estate and creating relationships with my tenants and peers. I have been with Fortress for 2 years and I really value the team atmosphere we encourage.” “My goal for every property is to improve and sustain a community for every party involved. I work to meet the owners goals for their investment and I work with the tenants to create a well-maintained community that they can call home.” Caitlin—we’re happy to have you be a part of our IREM® family. Welcome!

Michele is a licensed real estate broker in Oregon and Washington. Welcome to IREM® Michele and Congratulations!!

Institute of Real Estate Management Oregon-Columbia River Chapter No. 29

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OREGON-COLUMBIA RIVER CHAPTER NO. 29

Committee Reports...Continued

By: Jocelyn Burmester, CPMC®

FRESH is a networking event organized by the young professionals of IREM, ICSC, ULI, BOMA, NAIOP and CREW to collectively showcase building owners, real estate managers, retail, office and industrial brokers, and development representatives. The purpose of this event is to bring together the members of these organizations under one roof for an annual “SUPER” networking event in January of each year. The IREM® Young Professionals committee continues its support for, and is currently involved in planning the Second Annual FRESH PDX event scheduled for Thursday, January 30, 2014. For more information about IYP or FRESH PDX, please contact your IYP Chair Jocelyn Burmester at jburmester@wyseinvestment.com.

Register at : Fresh-PDX.com $25 includes entrance, 2 drink tickets, and delicious snacks from Simpatica Catering Location: Holocene 1001 SE Morrison Time: 4-7pm

Institute of Real Estate Management Oregon-Columbia River Chapter No. 29

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OREGON-COLUMBIA RIVER CHAPTER NO. 29

INCOME & EXPENSE COMMITTEE

By: Nutan Engels, CPM® & Michele Schiffer, CPM®

Committee Reports...Continued MONEY! MONEY! MONEY! MONEY! MONEY! MONEY!

It’s time to submit your Income & Expense data for 2013! Please help us gather the data needed to reach our submittal goals and ensure that the resulting reports are filled with data from multiple properties. The more data we can gather, the better the data can help us benchmark income & expenses for our own properties!

PROPERTY TYPE

SUBMITTALS NEEDED

OFFICE

43

CONDOS

71

MULTI-FAMILY

44

RETAIL

12

TOTAL

170 To submit data, simply go to IREM’s contributor workbench at: http://ie.irem.org/ Thank you for your contribution!

Institute of Real Estate Management Oregon-Columbia River Chapter No. 29

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OREGON-COLUMBIA RIVER CHAPTER NO. 29

If you happened to miss this year’s Inaugural Gala...you missed one of the best parties of the year! Over 100 attendees arrived ready for great food, lively conversation and well-deserved accolades for our 2014 board members, committee chairs and Friends of IREM®. Our 2014 board was also inducted by IREM’s Regional Vice President, Mindy Gronbeck, CPM® from Boise, Idaho. Here are our award winners for 2013:

PRESIDENT’S AWARD: David Genrich, Shorenstein Realty Services & Julie Muir, CBRE, Inc. CPM® OF THE YEAR: Traci McCauley, NAI Norris Beggs & Simpson CPM® CANDIDATE OF THE YEAR: Stephanie MacPherson, NAI Norris Beggs & Simpson ARM® OF THE YEAR: Tammy Mills, Fortress Property Management PAST PRESIDENT OF THE YEAR: Kathi Pearce, Wyse Investment Services

BOARD MEMBER OF THE YEAR: Cini Apostol, Kidder Mathews 2013 Board Appreciation Award: Lindsey Chrysler-Curtis, Elliott Associates, Inc. FRIEND of IREM® SPONSOR OF THE YEAR: ABM Janitorial FRIEND OF IREM® SPONSOR OF THE YEAR: Columbia Roofing FRIEND OF IREM® VOLUNTEER OF THE YEAR: Tiffany Boyson 2013 FRIEND OF THE YEAR: Squires Electric AMO® FIRM OF THE YEAR: NAI Norris Beggs & Simpson

Enjoy this You-Tube video of the Inaugural Gala:

Institute of Real Estate Management Oregon-Columbia River Chapter No. 29

https://www.youtube.com/watch? v=iP6Y5zO64QM&feaure=youtu.be

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OREGON-COLUMBIA RIVER CHAPTER NO. 29

Paparazzi Inaugural Gala…

IREM® National SVP Julie Muir congratulating Cammie Allie, Fortress Property Management on her 2013 Past-President’s Award. Next up: another year of Chapter Presidency!

From left to right:

Cini Apostol (Kidder Mathews), Peter May (Pacific Landscape Management [in background]).

Will

Harris of JOIN,

accepting IREM® Chapter No. 29’s donation of 2013 Community Service Proceeds.

It’s DJ Zimmie What ?! getting ready to mix & spin...

David Genrich (2014 President-Elect) accepting the 2013 President’s Award.

Irresistible!

Kathi Pearce accepting

RVP Mindy Gronbeck, CPM® swearing in our 2014 Chapter Officers from left to right:

the 2013 Past-President of the Year Award. Congratulations!

Christopher Pasteur, Jennifer Gerritz, Kathi Pearce, Tracey McCauley, Julie Muir, David Genrich & Cammie Allie.

From left to right: Laura Gentry (KG Investment Management) and Ronda Butler (Raindrop Supply)

Institute of Real Estate Management Oregon-Columbia River Chapter No. 29

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OREGON-COLUMBIA RIVER CHAPTER NO. 29 FAIR HOUSING CASE BROUGHT & EPA TAKES ACTION ON LEAD VIOLATIONS By Jo Becker, Education/Outreach Specialist, Fair Housing Council Serving Oregon and SW Washington

In May 2013, Connecticut complainants were awarded over $76K (before attorneys’ fees) by the courts in The U.S.A v. There are several salient points in this case, none of them Hylton. This is a rental case but the ruling holds several new but none-the-less noteworthy. important legal lessons for any housing provider. MRS. MURPHY’S EXEMPTION The complaint alleged that the Hyltons, a Black married First, the housing providers in this case were ‘mom and couple, violated the Fair Housing Act (FHA) by refusing to pop’ landlords representing themselves. Their blatant allow a mixed-race couple, the Bilbos, to sublet their unit to disregard for the law and others’ civil rights is clear from a Black woman with children because they did not want the case but the harm they caused – to the complainants "too many Blacks" at the property. and to their own pocketbook – may have been avoided with fair housing education and / or by hiring a The decision awarded the following damages: professional manager who’s practice it was to know and  $31,750 to Mr. And Mrs. Bilbo because their landlord abide by all federal, state, and local laws. made discriminatory statements to them about being a As their defense, the defendants argued they were not mixed-race couple, and about the race of their prospective subject to the Fair Housing Act given what is commonly subtenant refusing to allow them to sublet the home to an referred to as the ‘Mrs. Murphy’s Exemption’ which states: African American woman and her children because of race.  $10K of this sum was awarded for emotional distress. Any single-family house sold or rented by an owner that such private individual does not own more  Because Ms. Wilson, the prospective subtenant, was provided than three such single-family homes at anyone time… if denied the home she sought and was qualified for, she such house is sold or rented (A) without the use in any continued to live in a racially concentrated area of poverty. manner of the sales or rental facilities or the sales or Her damages were awarded at $44,431.05 rental services of any real estate broker, agent, or  As part her damages, the court awarded Ms. Wilson salesman, or of such facilities or services of any person in $20K for compensation for the lost opportunity to live in a the business of selling or renting dwellings… and (B) neighborhood of lower crime, higher educational opportu- without the publication, posting or mailing, after notice of any advertisement or written notice in violation of [the nities, and greater upward mobility.  Nearly half of the judgment, before attorneys’ fees, was FHA]. for punitive damages.

An additional $37,422 in attorneys’ fees brings the total judgment against the defendants to over $113K. Details of the case can be found online. A summary of the case is available on the HUD site: http://portal.hud.gov/hudportal/HUD?src=/ press/press_releases_media_advisories/2011/ HUDNo.11-198. The court’s decision can be read at http:// law.justia.com/cases/federal/district-courts/ connecticut/ctdce/3:2011cv01543/94677/23 The Hyltons were independent rental owners managing their own property. They initially rented to the Bilbos; however, the Bilbos found that their personal circumstances required them to move and to break the lease agreement. The Bilbos agreed to find a suitable renter to sublease to. When they did the defendant asked if the person is white. When told she was Black, Hylton stated that he “did not want too many Blacks at the property” and that “the neighbors would not want to see too many Blacks there.” The defendant also told the Bilbos the only reason they were rented the house was because his wife is white and it was “a good mix.” Institute of Real Estate Management Oregon-Columbia River Chapter No. 29

Put plainly, small, independent landlords can discriminate based on protected class only if they do not hire a professional (thereby enjoining someone else in the act of discrimination) and if they do not ‘advertise’ a discriminatory preference. Here, ‘advertising’ means, essentially, any outward expression ranging from verbal or written statements (ads whether printed or online, flyers, etc.). Interestingly, in this case the property in question was held by Hylton Real Estate Management, which only Mrs. Hylton had an ownership interest in. Because her husband, Mr. Hylton did not have an ownership interest in the company that owned the property only she, not he, qualified for this exemption. Mrs. Hylton argued that the Mr. acted as her husband and not as ‘someone in the business of renting dwellings’ in dealing with the Bilbos. However, Mr. Hylton himself stipulated that he was in the business of renting dwellings and detailed the tasks he performs in such capacity and, indeed, his behavior substantiated this. All of that aside, his outward expression, or ‘publication’ of a discriminatory intent trumped the Mrs. Murphy’s Exemption binding him to the full responsibilities of the FHA, even if he had had an ownership interest in the property.

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OREGON-COLUMBIA RIVER CHAPTER NO. 29 FAIR HOUSING CASE BROUGHT & EPA TAKES ACTION ON LEAD VIOLATIONS Continued...

It should be clearly noted here that Oregon state law provides greater protection than federal and does not allow for the Mrs. Murphy’s Exemption. Essentially, all housing providers must comply with federal, state, and local fair housing laws in Oregon.

of “neighborhood effects.” The court concluded that there were “vast differences between the neighborhoods” in which she sought to leave and that which the subject property was located in amounting to “fewer ‘life chances’.”

VICARIOUS LIABILITY Secondly, this case reaffirms what preexisting case law has already established in terms of vicarious liability. As stated in the court’s decision, “Although Mr. Hylton is the individual who directly discriminated against Ms. Wilson and the Bilbos, both Mrs. Hylton and [the company] may be held vicariously liable for this discriminatory actions.” …‘It is clear under the FHA, owners of real estate may be held vicariously liable for discriminatory acts by their agents and employees.’ Glover v. Jones Therefore, if Mr. Hylton was acting as Mrs. Hylton’s agent, Mrs. Hylton, as sole owner of [the property] is also liable for his discriminatory actions. See Cabrera v. Jakabovitz”

It’s clearly not only important to be familiar with the federal FHA, but to know applicable state, local, and case law, as well. Issues such as vicarious liability, and what kinds of damages may be awarded, as well as other legal precedents such as disparate impact, what constitutes illegally discriminatory advertising, etc., should all be relevant to housing providers both at the company or organizational level and at the individual level. As this case illustrates, the owner was personally liable for her agent’s actions, even though she did not directly violate the law. This is true for ‘rank and file’ staff / employees / contractors as well, not just owners – that is, if a maintenance tech. or leasing agent violates the law, not only is the company and property owner liable, that individual may personally be sued as well.

DAMAGES FOR EMOTIONAL DISTRESS Here, the court said it best in its decision: “Third, as to the request for damages for emotional distress, ‘it is axiomatic that civil rights plaintiffs may recover compensatory damages for emotional distress.’ Ragin It is not necessary for a plaintiff to provide evidence of treatment by a healthcare professional or use of medication to be entitled to damages for emotional distress. See Parris v. Pappas… (distinguishing “significant” and “egregious” claims for emotional distress from “garden variety” claims…). In the context of Fair Housing Act violations, courts have ‘recognized the severe mental trauma associated with unlawful discrimination and have upheld large compensatory awards for the victims in such cases.’ Broome v. Biondi ‘The key factors in determining emotional distress damages are the complainant’s reaction to the discriminatory conduct and the egregiousness of the respondent’s behavior.’ HUD v. Walker When claims have been categorized as “garden variety” – meaning the claim for distress is devoid of evidence of medical treatment or physical manifestation – the amount of damages authorized ranges from $5,000 to $125,000. Parris” PUNITIVE DAMAGES As stated above, the judge found in this case that the defendant acted with evil motive and showed no remorse justifying an award of punitive damages amounting to tens of thousands of dollars.

It is important to follow fair housing case law and to commit to a regular educational routine for yourself and all who work with you. Start today by signing up for our free, electronic, periodic newsletter (this you can do at the bottom of any page of our website, www.FHCO.org) and by following us on FaceBook or Twitter (www.facebook.com/FairHousingCouncilOregon and @ FairHousingOR, respectively). We also invite and encourage you to check out the range of courses we offer at www.FHCO.org/pdfs/classlist.pdf. Our classes include, of course, Fair Housing Basics, as well as Fair Housing BINGO, Fair Housing Jeopardy The Game and Fair Housing and Advertising. In addition, we have developed advanced classes for repeat trainees such as 50 Shades of Fair Housing and the RA/RM Intensive.

This article brought to you by the Fair Housing Council; a nonprofit serving the state of Oregon and SW Washington. All rights reserved © 2013. Write jbecker@FHCO.org to reprint articles or inquire about ongoing content for your own publication. To learn more… Learn more about fair housing and / or sign up for our free, periodic newsletter at www.FHCO.org. Qs about this article? ‘Interested in articles for your company or trade association? Contact Jo Becker at jbecker@FHCO.org or 800/424-3247 Ext. 150

Want to schedule an in-office fair housing training program LOST HOUSING OPPORTUNITY DAMAGES or speaker for corporate or association functions? Finally, the issue of lost housing opportunity damages is Visit www.FHCO.org/pdfs/classlist.pdf also interesting. Here the court found that Ms. Wilson suffered based on key testimony from an expert in the field

Institute of Real Estate Management Oregon-Columbia River Chapter No. 29

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OREGON-COLUMBIA RIVER CHAPTER NO. 29

Expanding its already aggressive efforts to promote real estate management careers and attract a pool of new talent to the field, IREM® is set to launch a nationwide job shadow initiative to connect industry practitioners in their respective workplaces with high school, community college and university students. The program will launch from Feb. 3 to 7, 2014, with a second week of intensive job shadow activities slated for Sept. 15 to 19, 2014. According to IREM® 2014 President Joseph Greenblatt, CPM®, property management has long been a career of chance, rather than choice. “Luckily,” he observed, “that sentiment is changing, partially attributable to property management making appearances in recent years in CNN and other annual

rankings of ‘Best Jobs in America,’ plus a recent jobs satisfaction survey finding that positioned it as the second-happiest career (tied with executive chefs and surpassed only by software quality assurance engineers). Moreover, growing numbers of academic institutions are adding property management to their real estate curricula,” stressed Greenblatt, “with 14 institutions involved in collaborative relationships with IREM® to advance the profession’s education and career opportunities. Collateral material developed specifically to support the job shadow initiative include fact sheets for students and participating companies, with detailed information provided at www.irem.org/jobshadow.

Which side are you on? Get both sides of the leasing story with this new IREM ® publication! The Leasing Process: Landlord and Tenant Perspectives is the only publication of its kind to give the unique perspective of both the landlord and the tenant. Crucial in this time of troubled finances, this new publication also addresses market conditions and how they affect the leasing deal. With over 70 years of combined experience, authors Richard F. Muhlebach, CPM®, SCSM, CRE, RPA and Alan A. Alexander have included key components that go into each party’s role in the process, and will provide tips for handling the toughest negotiations to accomplish a win-win outcome. Inside you’ll find a comprehensive review of the lease negotiation process, from the initial stages through execution. Details will include:

       

All the players in the leasing process, including legal and support staff. Landlord/tenant concessions and options that may be granted. Maintaining a building’s value through the value of its leases. Negotiating the brokerage agreement. Knowing how market conditions affect the leasing deal. Determining monthly rent and pass-through charges. Elements found in a commercial lease document. Successful communication strategies for negotiations.

Utilize your member discount and increase your expertise with this new IREM ® publication! Order your copy today at www.irembooks.org! Institute of Real Estate Management Oregon-Columbia River Chapter No. 29

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OREGON-COLUMBIA RIVER CHAPTER NO. 29

IREM® Welcomes new IREM® Association Executive... Beginning January 1, 2014, the IREM® Oregon-Columbia River Chapter No. 29 has contracted with Fortress Property Management, Inc. to provide association management services. Sarah Pierce has been hired to fulfill the association executive role. Sarah brings a wealth of knowledge in association management to our chapter! Sarah grew up in Wood Village and graduated from Reynolds High School. Shortly thereafter, she moved to Vancouver, WA to work as a medical insurance biller for RSMedical. After returning to Oregon in 2011, Sarah was an Administrative Assistant at PSI on Swan Island from 2012-2014. During her time with PSI she learned what it takes to sell, network, manage and grow with a business. In 2012 she started volunteering as the Programs Chair for the Association of Women in the Metal Industries Board where she created a new standard for events. Helping coordinate monthly dinner programs, Annual Fundraising Auctions and member appreciation events, she quickly learned the ins and outs of event planning and working with a not-for-profit association. This experience prepared her for joining the IREM® Oregon-Columbia River Chapter No. 29 team as the IREM® Association Executive. When not putting her all into her new position, she enjoys much of what the Northwest has to offer, along with her family of five. Sarah says: “ During the summer months we spend all of our weekends camping in the wilderness, rafting and hiking .”. The association office address has changed to: 1215 E. Powell Blvd., Gresham, OR 97030 and Sarah can be reached at: 503.228.0002 and sarah@iremoregon.org Please help us welcome Sarah to the IREM® family, and please feel free to introduce yourself to her at the next IREM® event!

Welcome Sarah!!

Institute of Real Estate Management Oregon-Columbia River Chapter No. 29

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OREGON-COLUMBIA RIVER CHAPTER NO. 29

IREM® CHAPTER EVENTS Have you forgotten some of the lessons you learned while earning your CPM® or ARM® designations? If so, then please join us as Cascade Management’s CEO, David Bachman, helps refresh our memory and apply what we learned to our properties! This one-hour presentation will begin at 3:00 p.m., followed by networking and a tour of Hollyfield Village Apartments!

March 19, 2014

Capital Improvement Workshop

TBD

April 25, 2014

IYP & CPM® / ARM® Mixer

TBD

May

PGE—Energy Conservation

World Trade Center

June 1, 2014

Starlight Parade—IREM® Float!

Downtown Portland

June 27, 2014

JOIN Fundraiser

TBD

August

IREM® Fundraiser for Scholarships

TBD

September

Friends of IREM® Appreciation Party and Capital Budgeting

TBD

October

IREM® Education Workshop

TBD

November 14, 2014

Inaugural Dinner

TBD

December 4, 2014

27th Annual Forecast Breakfast

Oregon Convention Center

Please support your local IREM® Chapter by attending our educational and networking events! Your support enables us to provide quality education, networking opportunities and the sharing of best practices among the top leaders in our industry! Bring a friend—bring a few friends—and make the best of your IREM® membership! The saying is true…”you get out of it what you put into it” so GET INTO IT, come and say “hello” and make your membership count!

1215 e powell blvd. | gresham, or 97030 503.228.0002 phone | 503.512.8745 fax www.iremoregon.org | website www.irem.org | national website Institute of Real Estate Management Oregon-Columbia River Chapter No. 29

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IREM® Has News For You!