July 2021
A monthly newsletter published by the Rental Housing Alliance Oregon
rha est. 1927
www.rhaoregon.org
In this issue: RHA Calendar of Events...................................page 2 & 4 Executive Director Message.......................................page 3 RHA Oregon Annual Picic.................................page 5 Dear Maintenance Men..................................................page 7 SnowCap At A Glance...........page 8 Look to the Past for a Glimpse of the Future.............................page 9
Rental Housing Alliance Events & Classes
Under A S
h g i t n y r tA r
UNDER A STARRY NIGHT EVENT
JULY 21, 2021 6PM $25.00 per member
Fine Dinner & Wine Complementary Craft beer and Lager Silent Auction, Oral Auction & Raffle to support mom & pop landlords struggling during the Pandemic RSVP at info@rhaoregon.org
Under A StArry night
RHA Oregon Conference Annex and Patio, 10520 NE Weidler, Portland OR 97220
Some of the items up for auction:
Two night stay at a Seaside Oregon beach front house that sleeps 8 people. Two night stay at a cabin in Trout Lake WA. 8000 BTU Air Conditioner Whiskey & Cigar Basket Margarita Gift Basket Wild Waves Gift Basket Wi-Fi Garage Door Opener Jewelry Framed Artwork and much, much more
DATE
EVENT
LOCATION
TIME
INFORMATION
07/05
Closed
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RHA Office will be closed in Observance of Independence Day.
07/14
Board Meeting
Zoom
4:00pm
07/17
Mentor Round Table
Zoom
11:30am
07/21
Under A Starry Night Event
RHA Office & Patio
6:00pm
08/11
Board Meeting
Zoom
4:00pm
08/18
Annual Picnic
Oaks Amusement Park Area 1
2:00pm
08/26
Mentor Round Table
Zoom
6:00pm
Fundraiser Event
For additional class/event information visit: https://rhaoregon.org/education 2
RENTAL ALLIANCE UPDATE June 2021
www.rhaoregon.org
From the desk of the Executive Director Ron Garcia, RHA Oregon Executive Director
On June 28, 2021 Oregon Legislature adjourned “sine die”. Adjournment sine die (from the Latin "without day") means "without assigning a day for a further meeting or hearing". To adjourn an assembly sine die is to adjourn it for an indefinite period. With 3 significant bills passing that have impacted all Residential Hosing Providers throughout the state, some Landlords might wish they’d opt to adjourn “in perpetuum” –that’s Latin for “enough is enough”! Let’s take a look at the bills that passed that most affected Housing Providers, then I can also share their positive aspects. So first, here are the quick abc’s of what we need to know beginning July 1, 2021: • SB 282 has a.) extended the pay-back period for tenants who owe past rent from the Eviction Moratorium (dating from 4/1/2020 -6/30/2021) until 2/28/2022, and it b). creates a tenants’ right to have as many permanent guests as is allowable under local, state and federal occupancy standards without restrictions (except that a landlord may screen them for standard yet non-financial criteria and require them to sign a Temporary Occupancy form). • SB 278 a.) grants a one-time 60 day delay to tenants facing eviction for non-payment of rent from 7/1/2021 through 2/28/2022 when they show they have applied for Rental Assistance, while b). requiring the landlord to provide a specific disclosure that informs the tenant of this right, and c). it creates an independent fund to pay the landlord for the loss revenue if the tenant does not obtain assistance and allows the eviction process to proceed. In addition, this bill also d). removed the 80% cap from the Landlord Compensation Fund, authorizing all recipients 100% of the rent relief granted to them. • SB 291 requires that a.) all landlords have written Screening Guidelines and it b.) limits the ability to deny applications for criminal background without first providing an Individual Assessment, taking into consideration the (A) The nature and severity of the incidents that would lead to a denial; www.rhaoregon.org
(B) The number and type of incidents; (C) The time that has elapsed since the date the incidents occurred; and (D) The age of the individual at the time the incidents occurred. To unpack these new rules, it is important to understand three priorities lawmakers had when they convened this session on January 21, 2021, on the heels of 2 extraordinary emergency sessions in 2020: 1. Eviction moratoriums were mandated nationwide while at the same time thousands of Oregonians became instantly homeless from the ravages of unprecedented wildfires. 2. The state had no pre-existing system or infrastructure in place to manage and disperse the unprecedented sums of hundreds of millions of dollars in federal aid it would be receiving. 3. The Social Justice movement erupting from the death of George Floyd demanded a need to address institutional, systemic prejudices, including those found in the housing market. SB 282 was written because over $500 million dollars had already been committed to pay back-rent owed to landlords. This volume of aid funding has never been distributed and caused logistic, technical and personnel backlogs. The state wanted to give tenants enough time to apply for the aid and get the money paid to the landlords. The state remained committed to NOT extending the moratorium again, so they extended only the forgiveness period for 8 months. They used this opportunity to also add provisions in the law to address wildfire victims by requiring landlords to allow tenants the right to house “temporary occupants” during this same 8 month period. The WINS for the Landlords in this bill were preventing the law from adding presumptive retaliation language and harsh penalties for violations, and for also allowing landlords the right to screen all temporary occupants for criteria other than financial status. The sentiment in the bill was derived (continued on page5 5) 3
RENTAL ALLIANCE UPDATE June 2021
Rental Housing Alliance Events & Classes DATE
CLASSES
LOCATION
TIME
INSTRUCTORS
07/06
Online Tenant Screening Class
WebEX
11:00am
Marcia Gohman w/National Tenant Network
07/08 Online Tenant Screening Class
WebEX
7:00pm
Marcia Gohman w/National Tenant Network
07/15
Is It Time to Hire a Property Manager
Zoom
6:30pm
Kurt Lane w/Chroma Property Management
07/22
Online Tenant Screening Class
WebEX
11:00am
Marcia Gohman w/National Tenant Network
07/22
Is It Time to Hire a Property Manager
Zoom
11:30am
Kurt Lane w/Chroma Property Management
07/27
Online Tenant Screening Class
WebEX
7:00pm
Marcia Gohman w/National Tenant Network
Join.me
7:00pm
Robert Collier, w/Landlord_Reference.com
08/10
Imporve Your Chances of Collecting Covid-Era Join.me Rent
7:00pm
Robert Collier, w/Landlord_Reference.com
08/10
Online Tenant Screening Class
WebEx
11:00am
Marcia Gohman w/National Tenant Network
08/12
Online Tenant Screening Class
WebEx
7:00pm
Marcia Gohman w/National Tenant Network
08/12
Update on State & Federal Landlord Tenant Moratoriums
Zoom
6:30pm
Charles Kovas w/Charles Kovas Law
08/18
Improve Your Chances of Collecting Covid-Era Join.me Rent
7:00pm
Robert Collier, w/Landlord_Reference.com
08/19
Update on State & Federal Landlord Tenant Moratoriums
Zoom
11:30am
Charles Kovas w/Charles Kovas Law
08/24
Rental Regulations
Zoom
6:30pm
Kurt Lane w/Chroma Property Management
08/24
Online Tenant Screening Class
WebEx
7:00pm
Marcia Gohman w/National Tenant Network
08/26
Improve Your Chances of Collecting CovidEra Rent
Join.me
7:00pm
Robert Collier, w/Landlord_Reference.com
08/26
Online Tenant Screening Class
WebEx
11:00am
Marcia Gohman w/National Tenant Network
Your Chances of Collecting Covid08/05 Improve Era Rent
All educational classes/seminars are open to members in good standing and the general public. A member in good standing may register and pay for an invited guest at the member rate for the educational class. General public must pay at the time of registration and at the non-member rate. To qualify for the early bird registration rate you must have your registration into the RHA office no later than 4:59pm on the listed early registration date in the advertising for the event. Deadline for refund/credit or cancellation of registration is up until 48 hours prior to the date and time of the class/seminar, up until 48 hours prior you will be refunded 100% of the cost to attend. If a registered guest/member does not cancel and/or does not show to the scheduled class/seminar then the registered guest/member will be required to pay the full amount of the class/seminar. All registrations are non-transferable. Currently all classes are in Zoom meeting format. RHA Oregon is not responsible for attendee’s inability to log into Zoom meeting. The Zoom invite will go out as an email to all those registered. Please check your spam folder email settings to make sure you receive the email invite. RHA is not responsible for lost or spammed emails.
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RENTAL ALLIANCE UPDATE June 2021
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FROM THE DESK OF THE EXECUTIVE DIRECTOR CONTINUED FROM PAGE 3
from the fact that the $200 million Landlord Compensation Fund had been previously negotiated to aid Housing Providers for lost rents due to the pandemic and much more federal money was on its way. SB 278 was a last minute end-of-session “gut and stuff” bill arising from the fear that on July 1 there would be a mass eviction event resulting from the Moratorium’s end. There were 13 re-writes of this bill in less than 1 week and it passed both houses with only days to spare before sine die. Landlords were resistant to this measure, but stayed active in the long hours of proceedings and testimony. The WINS for Landlords in this bill were that they negotiated for both the creation of a special fund to repay landlords for the 60 day pause for any tenant that could not get assistance, and that this fund would be independently managed rather than using the same logjammed agencies handling the other assistance dollars. Also important is that as a measure of good faith from Housing Providers were able to re-negotiate the Landlord Compensation Fund to pay 100% of the qualified reimbursement instead of the 80% that was originally slated to be paid, without any further application process involved. SB 291 was initiated by Governor Brown through her Director of Equity and Racial Justice and was carried to the Senate Committee on Housing and
Development by Sen. Deb Patterson of Salem. Because of the political tone of this bill there was very little negotiation to be had. RHAO opposed the measure on its perception to allow criminals a protected status. In so doing, we also made clear that our opposition for the merits of this law did not reflect any racial or systemic bias, and those sentiments were received and validated by the Governor’s office. The WINS for Landlords came from the parties in the work group sessions that argued for its passage, stating that most people with criminal convictions that may not be denied for that basis, also come with other types of obstacles including bad credit and/ or financial hardship – which remain as criteria useful in screening applications. It was therefore claimed that the number of cases where Independent Reviews would reverse the Landlords’ denials would remain low. Ultimately, however, with its passage we will all now wait to experience this bill’s affect on housing. In closing, it's easy for us to get discouraged when law changes occur that we may not agree with, or when we perceive them as unfair. However, I just want to say thank you to all the individuals and organizations throughout the state who have worked together this year to help craft these bills, and to the legislators who work tirelessly trying to do the right thing. And special kudos for Cindy Robert, the lobbyist for Rental Housing Alliance Oregon for her dedicated efforts. At the end of the session, and at the end of the day, we all want to make our state a great place to live. Sine die.
FIND EVICTIONS STRESSFUL?
503-‐242-‐2312
Full FED Service First Appearances evict@landlord-‐solutions.com Small Claims
www.rhaoregon.org
RENTAL ALLIANCE UPDATE June 2021
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RHA Oregon Annual Picnic
Bring an ageappropriate prize if you want to play Bingo!
at Oaks Park Picnic Area #1 Wednesday August 18th
Thanks to our sponsors, members pay just $6.50 per person and children 10 and under eat for free! $25.00ride bracelets! Schedule: 2:00 Registration Open 4:30 Vendor Fair 5:00 BBQ Dinner BINGO to follow Dinner! Pre-registration IS required! Sign up today at rhaoregon.org, by emailing info@rhaoregon.org, or by calling the office at 503-254-4723 ext. 0. Please note the number of adults, children 10 and under, and ride bracelets.
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RENTAL ALLIANCE UPDATE June 2021
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Dear Maintenance Men By Jerry L’Ecuyer & Frank Alvarez
Dear Maintenance Men: Should I check smoke alarm batteries in my units or is that the resident’s job? Also, how often should I clean out my water heaters, not to mention A/C filters and so on? Linda Dear Linda: 1- Most rental agreements have a check box that says the resident is responsible for the operation of the smoke alarm. The newest rental agreements now have a check box for Carbon Monoxide alarms. We lay awake at night thinking about that little check box. In order to sleep, we check the residents smoke and CO alarms every time we do maintenance on the unit. We keep a log of each time we check and what action was taken. The smoke and Carbon Monoxide alarms should be “Officially” checked and logged, at least once a year. Typically, January is a good month for the annual check. 2- A typical 100-gallon water heater depending on the BTU rating will costs anywhere from $4,700 to over $6,500 installed. That cost alone should be incentive to clean out the heater regularly. Normally, the clean out should be done at least once a year. If the water at your building has a high mineral content, then it should be cleaned out every nine months. Again keep a log of each clean out; it will help in remembering when to do the next cleaning. 3- If your building has forced air & heating, the filter should be checked, cleaned or replaced each October or November and each May or June. This will help keep your systems working properly and reduce strain on the components. It will also ensure proper filtration before the winter and summer workloads. 4- Cleaning out the exhaust vent tubes of the laundry room dryer. Everyone knows about cleaning out the dryer lint basket and throwing it on the laundry room floor. We’re talking about cleaning out the lines leading out the back of the dryer. Keeping the exhaust vent tubes clean will help cut down on gas and electric usage, longer machine life and shorter drying time and lint in these tubes have been known to be a fire hazard. It should be done at least once a year and again, keep a log of each cleaning for reference. Dear Maintenance Men: How do I get rid of mice or rats? I have found droppings in the house and I’m not happy and I need a solution. Annie Dear Annie: We have written about dealing with mice and rat issues in the past and below is what we recommend if you want to get rid www.rhaoregon.org
of the rodents yourself. Keep in mind that rats and mice are smart & conservative. They are not risk takers. In the rat or mouse’s mind, a trap out in the middle of the floor is too risky to investigate. Rodents will run along walls, rafters and other low exposure areas. Put the traps along these routes about ten feet apart. A good bait to use is peanut butter. Patience is king when trying to trap a rat. Place all your baited traps, but DO NOT set them for a day or two. Let the rat nibble at the bait danger free. This last part is the hardest to do. However, patience will win out. If you rush ahead and set the traps and the rat triggers one and is not caught; he will remember! Also, avoid using traps designed for mice; it will only annoy the rat and he will be smarter for it. The same goes for using rat traps to catch mice. The trap is too big and when sprung may miss the mouse. Using poison is another option. Anticoagulant poison is very popular. This poison causes the rat’s blood to thin. It will make him thirsty and when he drinks water, he will bleed internally. When using this option, be sure to leave a saucer of water near the poison. The poison normally comes in bars that can be broken up into pieces. Remember rodents hoard, so just because the poison is gone, does not mean they ate it. Put more until they stop taking it. The local hardware store should carry this product, but it is best to go to a farm supply store. They will have the best quality supply. Be careful with placement, so other animals do not eat this poison. The hardware store or farm supply store carry approved bait dispensers designed for rats or mice. Again, patience is rewarded. Before using poison bait, use crunchy peanut butter to let the rats get used to the bait station for a few days. Then add the poison bait with a little bit of peanut butter. Glue traps are also a viable option. It is important to use large rat sized traps. Put the glue trap along a known rat runway, or along a ledge or rafter used by the rodents. It is important to nail or fasten the glue trap in place. Place a bit of peanut butter in the middle of the trap as an attractant. Happy hunting! Dear Maintenance Men: I own a small apartment building with an average amount of landscaping around the property. I have a garden service that comes each week; they cut and edge and do what their supposed to do, I think, although they don’t spend a lot of time at the property. What should I expect from my landscapers or garden service? John Dear John: We have a minimum list of items that must be completed at a property. If these items are skipped or ignored, we feel the property will suffer. On a weekly
(continued on page 10)
RENTAL ALLIANCE UPDATE June 2021
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RENTAL ALLIANCE UPDATE June 2021
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LOOK TO THE PAST FOR A GLIPSE OF THE FUTURE By David Pickron- reprinted with permission from the Rental Housing Journal
With the advent of DNA testing, more and more people are looking at their ancestry and learning vital information. What is their heritage? Do they have a direct line to royalty? Are there certain markers in their genetics that expose them to specific illnesses or maladies? It is often by looking backward that we can discover and prepare for our future. By applying that same methodology to the business of being a landlord, I have discovered the answer to the question I am repeatedly hearing from hundreds of landlords: What do you think 2021 will bring? Let me begin with a positive response: Great things are around the corner. I also caution that we must prepare for challenges, as the liberal policies that will inevitably come from seemingly united legislative and executive branches of government will directly affect our industry. As a private investigator, if I were hired to do a background check on the more liberal parts of our country in an effort to better understand the how and why of where they are in relation to landlords, I’d simply need to look back at the recent history of actions of city councils, state legislatures and federal agencies across the United States to determine what we can expect in the future.
seen as the source of funds to subsidize for the effects of these criminal acts. It’s a modern-day Robin Hood if I’ve ever seen one. Its almost as if these government entities are saying “we can’t fix it,” so let’s make landlords responsible for the fix.
THE DEGRADATION OF AMERICA’S GREAT CITIES If you’ve recently visited some of the most notable cities in the country, you see they are riddled with homeless individuals, many mentally ill, some addicted to drugs, some with lengthy criminal records. While it’s an admirable position to help where we can, the programs and allowances given to these individuals has created a very challenging environment for landlords in these cities. The shortcomings of government assistance and programs is they rarely fix anything. The government shut down mental institutions in the ‘70s, leaving no alternative for many who ended up on the streets. Programs to eliminate illegal drugs seem ineffective, as drugs pour over our borders in record numbers. With the legalization of gateway drugs, more and more users could end up committing crimes and eventually joining the ranks of the homeless. On the legal side, courts are deferring and dismissing most cases that come through the court, removing the consequences of illegal behaviors. For example, if you steal something in San Francisco that is valued under $750 and claim it was an act of survival, then in the eyes of the law, no crime was committed. So, who pays for these changes of the past? Not the government. Business owners, like landlords, are
• Seattle: Landlords in the Emerald City must rent to the tenant who has the first qualifying application, called first-in-time, and they cannot perform a criminal background check on a potential tenant. The city controls almost every rent, deposit, and fee you can imagine
Here are a few examples of how landlords are being treated in cities governed by liberal policies around the country: • Chicago: Windy City landlords have to follow a precise onboarding process dictated by the city. A landlord must first run an applicant’s credit and give a preliminary approval. After that they can run a criminal history, but if you deny them as a tenant, you must provide a reason as to why that crime would affect the rental. • Portland: Rose City landlords may raise rent only seven percent per year. Landlords can terminate a monthto-month lease for any reason for the first year, but after that, you must have a justified reason to ask your tenant to leave or you will be forced to pay the tenant’s relocation cost, which is $4,500 for a three-bedroom.
• Colorado: Centennial State landlords must accept Section 8 housing; they have no choice. They cannot discriminate against “source of income” or who pays the rent. • Nationally: Landlords have been forced to carry tenants for months without being able to evict due to several eviction moratorium decisions handed down through the U.S. Legislature and executive branch. These are just a few of hundreds of laws stacked against landlords around the country. As you can see, they are coming from all levels of government: city, state and national. LANDLORDS IN LOCKSTEP As a group, how can smaller landlords even compete with the massive strength of these government entities? (continued on page 10)
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DEAR MAINTENANCE MEN CONTINUED FROM PAGE 7
basis, we expect the garden service to provide the following: 1. Cut the grass. 2. Edge the grass. 3. Pull out weeds between the sidewalk cracks, walk around the building, including the alley. 4. Turn over the dirt in all the flowerbeds each week. 5. Pick up any trash around the property. 6. Broom, blow or hose down the walkways. 7. Turn on the sprinkler lines, check for clogged heads, broken lines etc. 8. Check that the timer is set properly. 9. Cut, trim and thin any shrubs or bushes. 10. Maintain communication with the owner about problems or improvements The above list takes time, half hour minimum at a small property. If your landscape gardener completed the list on a weekly basis, you could very well have the best-looking property on the block! Which means higher rents … if you add color flowers … even higher rents!
Finding a landscape gardener to do above list consistently is not easy. Ask your local apartment association for recommendations or look in your neighborhood or city for a property with outstanding landscaping and ask who the gardener is. Have him give you a quote according to your “list”. Keep in mind a landscape company or gardener who give the above service will charge more than a “blow and go” gardener, however your property will reflect their above average service. Bio: 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 30 years. Frankie is President of the Apartment Association of Orange County and a lecturer, educational instructor and Chair of the Education Committee of the AAOC. He is also 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 real estate broker. He is currently a Director Emeritus and Past President of the Apartment Association of Orange County and past Chairman of the association’s Education Committee. Jerry has been involved with apartments as a professional since 1988.
LOOK AT THE PAST FOR A GLIMPSE OF THE FUTURE CONTINUED FROM PAGE 9
This is the year of banding together. If you are not part of a local or national association, it’s time. We need representatives in our local, state, and federal government to fight for us. We need attorneys filing lawsuits and taking our cause to the Supreme Court. I believe property rights will be on the table, and possibly hang in the balance, in the next 4 years. It’s not all doom and gloom … just the opposite. Landlords are smart and, in the end, we will win. Being a landlord is the best job in the world, we just have to be willing to pivot and know we will have some fights that start at city hall and make their way to the highest courts in the land. By banding together, arm in arm, we can overcome any challenge the government throws at us. I am grateful for the amazing years I took for granted, but my instinct says we must roll up our sleeves and get to work; but we as landlords are used to that. In the end, the Constitution drafted by our founders will be the saving grace, as they were wise enough to know that property rights are at the core of being American.
national landlord associations. To find your local REIA go to https://nationalreia. org/find-a-reia/ David Pickron is president of Rent Perfect, is a private investigator, and a fellow landlord who manages several short- and long-term rentals. Subscribe to his weekly Rent Perfect Podcast (available on YouTube, Spotify, and Apple Podcasts) to stay up to date on the latest industry news and for expert tips on how to manage your properties. Reprinted with permission from the Rental Housing Journal.
Make 2021 the year of getting your house in order and then banding together with others in your local, state and 10
RENTAL ALLIANCE UPDATE June 2021
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RENTAL ALLIANCE UPDATE June 2021
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Avoiding a Window Fall
Each year, Tualatin Valley Fire & Rescue responds to incidents involving children falling out of windows. Most of these incidents occur during the spring and summer months when windows are open due to warmer weather. In the most serious of cases, children have fallen from second-story windows and have been transported to a hospital.
To help you avoid a tragedy, we encourage you to take some simple precautions: Talk to your children about the risk of window falls and teach them to play a safe distance from windows. Keep furniture such as beds, dressers, and shelves away from windows to reduce your child’s temptation to climb near the window. Only allow windows to open 4 inches and install a window stop to keep children from opening them further. Be sure an adult can open the window in an emergency.
STOP AT 4”
Do not rely on insect screens to prevent a window fall. Screens are to keep bugs out, not kids in. When buying new windows; ask for the type with built-in safety hardware. For more information visit www.stopat4.com
NOTE: Whatever device you use, ensure that it is easily removed should you need to exit your home due to fire!
PE-12 (1/13)
For additional safety information, visit our website at www.tvfr.com or call us at (503) 649-8577
