Apartment News August 2018

AMA raises more than $1 million for charties

Making a Difference

Consider Industry Endorsed Candidates this Fall

A Talk with the CEO of Centurion Management Co.

‘Shoot for the Stars’ at Tucson Reverse Trade Show

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EXECUTIVE COMMITTEE Chair, Nicole Wray, Greystar Real Estate Partners Vice Chair, John Carlson, Mark-Taylor Residential Secretary, Wendy Weiske, Dunlap & Magee Treasurer, Kim Pacheco, Scotia Group Management Imm. Past Chair, Chris Evans, HSL Asset Management AMC Exec., Adam Greco, Burns Pest Elimination BOARD OF DIRECTORS Elizabeth Beaulieu, Quarterpenny Management Krisanne Beckstead, Picerne Real Estate Group Lesley Brice, MC Residential Reid Butler, Butler Housing Company Sue Campbell, Redi Carpet Linda Coburn, NexMetro Development Scott Cook, Shelton-Cook Real Estate Services, Inc. Stacey Deal, Kay-Kay Realty Kimberly Fitch, Nicolosi & Fitch, Inc. Shelly Griggs, Baron Properties Robert Hicks, Alliance Residential Company Scott Hines, PEM Real Estate Group Stacey Hogue, Greystar Real Estate Partners Michelle Howland, Blue Steel Security David Kotin, Kay-Kay Realty Jim Kowalski, Kowalski Construction Jeff Krohn, Alliance Residential Company Dustin Lacey, MarkTaylor Residential

Courtney Gilstrap LeVinus President and CEO clevinus@azmultihousing.org Erika McDowell Director of Operations emcdowell@azmultihousing.org Phone: 602-296-6210 Michelle Rill Director of Membership, Events & Education mrill@azmultihousing.org Phone: 602-296-6205 Lauren Romero Tucson Area Association Executive lromero@azmultihousing.org Phone: 520-323-0643 Fax: 520-447-7747 Aine Fitzgerald Coleman Community Outreach Administrator acoleman@azmultihousing.org Phone: 602-296-6204 Sharon Hosfeld Manager of Community Outreach & Smoke-Free Community Coordinator shosfeld@azmultihousing.org Phone: 602-296-6214

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Lesa LaRocca, Avenue 5 Residential Pam McCarthy, Fairfield Residential Omar Mireles, HSL Asset Management April Morris, Cox Communications Melanie Morrison, MEB Mangement Services Laura Mros, For Rent Media Solutions Gloria Munoz, Maricopa County Housing Kevin Ransil, JLB Partners/ JLB Residential Erica Reinke, Camden Property Trust Rich Renta, Weidner Apartment Homes-Arizona German Reyes, Tiempo John Rials, Greystar Real Estate Partners Lisa Rosenfeld, HSL Asset Management Stacey Searl, Weidner Mark Schilling, MEB Mangement Services Christina Shipley, Dunlap & Magee Michelle Sinclair, MC Residential Amy Smith-Montoya, Bella Investment Group Justin Steltenphol, P.B. Bell Companies Tammi Tupper-Dimmig, Redi Carpet Bob Venberg, PEM Real Estate Group Luis Verger, Shelton-Cook Real Estate Services, Inc. Debbie Willis, P.B. Bell Companies Mark Zinman, Williams, Zinman & Parham, PC

Deanna Jordan Manager of Membership and Business Development djordan@azmultihousing.org Phone: 602-296-6212 Amanda Perkumas Assistant to Tucson Area Association Executive aperkumas@azmultihousing.org Phone: 520-323-0643 Lisa Garcia Membership Administrator lgarcia@azmultihousing.org Phone: 602-296-6202 Kyle Simplot Accounting and Operations Manager kyles@azmultihousing.org Phone: 602-296-6207 Melissa Balletta Events and Education Administrator mballetta@azmultihousing.org Phone: 602-296-6209 Hannah Goodman Communications and Public Relations Administrator hgoodman@azmultihousing.org Phone: 602-296-6203

The tools to succeed At the AMA, we have a vested interest in serving our members and providing them with the necessary tools they need in order to succeed. For example, as an affiliate of NAA, we are able to provide individuals in the industry the opportunity to receive certifications for their own personal growth. The certification classes, which are meant to help both the individual and their employer, include NALP, CAM, CAPS and CAMPT. The AMA understands that these certifications can be costly and are time intensive. In a proactive response to better serve our members and offset the cost, we created scholarships to make these certifications more accessible to those interested. We could not have done this without the help of our amazing associate members.

Similarly, in 2017, the AMA began to develop maintenance classes for service professionals. Rodney Wilson, a Regional Maintenance Manager at Greystar Real Estate Partners noticed a demand for maintenance training and worked closely with the AMA and Wilmar to develop 15 maintenance classes for 2018. The classes have been a huge success. From the beginning of the year to present day, attendance rates for these classes have doubled from their original projections.

Wilmar has played an integral role, providing course instructors, course materials and testing materials. I would personally like to thank Wilmar for their partnership, and hope to continue working with them in 2019. This would not have been made possible if it weren’t for people like Rodney who saw a demand and came to us with this idea. We would like to keep this momentum going.

— Nicole Wray, AMA Board Chair, Greystar Real Estate Partners

Help us shape the industry Here at the AMA, our mission is to unite Multifamily Housing Leaders in one trusted voice for Arizona’s rental community. We work to fulfill this obligation every day by helping to improve and strengthen the Arizona rental housing industry. In our continuous efforts to enhance our approach, we are open to making the necessary changes as we strive to achieve our goals. We are looking to you, our members, for feedback on how we can better serve our industry.

If you could please take some time to complete our member survey, it would be greatly appreciated. We want to know what your thoughts and experiences have been with our organization, and what we can do to better serve our members in the future. Furthermore, this survey asks questions relating to what the AMA currently offers our members.

This includes evaluating the events we host, the education classes we provide, and our committees. Our goal is to continuously refine our offerings and delivery to ensure that the AMA continues to be an integral part of your company’s success now and in the future. We can’t do this without your time and feedback. Please take 10 to 15 minutes to fill out the survey and provide us with your perspective.

The board will review the survey results at our August board retreat which will enable us to better plan for 2019 and beyond.

— By Courtney Gilstrap LeVinus, AMA President/CEO

August/September 2018 | Apartment News

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AMA raises more than $1 million for charties

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Consider Industry Endorsed Candidates in the Fall 73 candidates earn AMA endorsement

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Jake Hinman is the Director of Government Affairs for Capitol Consulting. He can be reached at 602-712-1121

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he Midterm elections are quickly approaching and many offices — from U.S. Senate all the way down to local city council members — will be on this year’s ballot. This year’s midterm election could not only have a dramatic effect in Washington, but some are even speculating that Arizona could also see some changes in several key races.

If historical trends for midterm elections and the party controlling the White House holdup, then the U.S. Senate and House of Representatives could be in store for some changes. After all, in the modern era of the U.S. presidency, presidents have generally seen significant changes in the House and Senate between presidential elections. President Reagan in 1986, Clinton in 1994, Bush in 2006 and Obama in 2010 all experienced presidential midterm setbacks. Few exceptions to the rule have occurred:

Apartment News | August/September 2018

Clinton in 1998 and Bush in 2002.

It certainly won’t take much for Democrats to regain some control in Washington, most notably in the Senate where the GOP maintains a narrow margin of control with 51 seats to the Democrats 47 (two members are left-leaning independents). The House may be steeper hill for Democrats to climb as 24 seats would need to flip in order to shift the chamber’s balance of power.

Voter turnout What will be the determining factor in Arizona? Simple — voter turnout. Traditionally, midterm gubernatorial elections in Arizona result in low voter turnout. Will 2018 buck the trend? If history is the guide, then the answer is, quite simply, no. But some factors could make 2018 unique. Voters may be more energized than usual due to the Trump presidency, the

prospects of the top-of-the-ballot candidates (think U.S. Senate), the ‘Red for Ed’ movement, and certain ballot propositions; all of which could result more voter participation.

As far as the numbers go, there are currently 3,610,377 registered voters in Arizona.

Of those voters, 1,258,994 are registered Republicans. Believe it or not, independents represent Arizona’s second largest voting block with 1,223,219 Arizonans not designating a political preference. Democrats come in third with 1,090,310 registered voters. As an interesting aside, our state’s population currently sits at around 7,016,270 Arizonans with roughly 23 percent of the population below eighteen years of age. That means nearly 1.8 million Arizonans are eligible to vote, but cannot participate in elections because they simply are not registered!

Historically, primary elections in Arizona produce low voter turnout. The last gubernatorial/midterm primary (2014) in Arizona saw a 27 percent turnout by registered voters.

The general election that same year, 48 percent of the registered voters actually cast a ballot. For comparison sakes, our last presidential election (2016) boosted voter turnout in Arizona to 29 percent in the primary and all the way to 71percent in the general election.

So while midterms traditionally result in changes in Congress, the real question is, how will state legislatures, including Arizona’s, fare?

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Maintaining control After the 2016 presidential elections, Republicans around the country retained their commanding control of 68 out of 99 legislative chambers across the country (Nebraska has a nonpartisan single-chamber legislature), the highest number in the history of the Republican party.

Republicans also gained full control of 33 out of 50 legislatures (i.e., the party controls both the House and Senate), to the Democrat’s control of thirteen.

Arizona has a long-standing history of electing GOP-controlled legislatures and governors. In fact, one would need to go all the way back to 1966, to find the last time Democrats held control of the Arizona legislature.

Will Republicans maintain control of the Arizona legislature in 2018?

That’s certainly the burning question on every Arizona political insider’s mind. Democrats need to flip three seats in the Arizona Senate and six seats in the House to achieve the majorities and control of the respective chambers.

While most insiders seem to agree that chances of the House flipping are slim to none, the Senate may be a different story — though even a complete shift to Democratic control is still a bit of a long-shot.

Perhaps the more realistic (but still somewhat of a stretch) scenario

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is that Democrats gain two more seats in the Senate and create a 15-15 split, a rarity that hasn’t occurred in Arizona since the year 2000.

Local politics matter State and local elections are critically important to the apartment industry since many important issues — property taxes, utility rates, landlord-tenant laws, licensure requirements, building codes etc. — are all decided by the state legislature and local city councils.

Whether it was a proposal to prohibit landlords from restricting residents from bringing firearms into the common areas of apartments, requiring leasing agents to verify immigration status of all prospective residents, requiring that all routine maintenance in apartment communities be performed by licensed contractors, or even the recent legislative victory for the AMA related to tenant’s abandoned property, elected officials have considered numerous proposals that have or would have had a direct impact on the industry.

This is why the AMA places such an emphasis on supporting candidates that are receptive to the needs of the apartment industry and why the AMA strongly recommends that members consider AMAPAC endorsed elections when heading to the polls in August.

AMAPAC ANNOUNCES 2018 CANDIDATE ENDORSEMENTS The Arizona Multihousing Association Political Action Committee (AMAPAC) has endorsed candidates seeking election statewide, in the legislature and local jurisdictions. AMAPAC made the endorsements based upon the candidates’ track record in office or their participation in a candidate interview process.

“These were difficult choices since many of the candidates are qualified for the job. However, we were charged with identifying candidates that will be receptive to the issues of the apartment industry, we feel these candidates fit that bill,” said AMAPAC Chair Reid Butler.

Over one third of Arizonans live in apartments. Our owners, developers, managers and residents contribute $13.1 billion to the Arizona economy annually. “It is critical for our industry to have elected leaders who understand the issues that impact our industry. The decisions they make not only impact property owners, but also the residents that live in communities throughout Arizona,” said Butler.

The AMA strongly recommends that members consider AMAPAC endorsed elections when heading to the polls.

Governor Doug Ducey Secretary of State Michelle Reagan Attorney General Mark Brnovich ARIZONA LEGISLATURE District 1 Senate: Karen Fann House: Noel Campbell, Jopdi Rooney District 2 Senate: Shelley Kais House: John Ackerley, Daniel Hernandez District 3 - House Alma Hernandez

District 5 Senate: Sonny Borrelli House: Regina Cobb District 6 Senate: Sylvia Allen House: Stuart McDaniel, Robert Thorpe District 8 Senate: Frank Pratt House: David Cook, TJ Shope

District 12 Senate: Eddie Farnsworth House: Warren Petersen, Travis Grantham District 13 Senate: Sine Kerr House: Darin Mitchell, Tim Dunn District 14 Senate: Drew John House: Gail Griffin, Becky Ann Nutt District 15 Senate: Heather Carter House: Nancy Barto, John Allen District 16 Senate: David Farnsworth House: Kelly Townsend District 17 Senate: JD Mesnard House: Jeff Weninger, Nora Ellen District 18 Senate: Sean Bowie House: Jill Norgaard District 19 - Senate Lupe Contreras

District 10 Senate: David Bradley House: Todd Clodfelter

District 20 Senate: Paul Boyer House: Anthony Kern, Shawna Bollick

District 11 Senate: Vince Leach House: Mark Finchem, Bret Roberts

District 21 Senate: Rick Gray House: Kevin Payne, Tony Rivero

District 22 Senate: David Livingston House: Ben Toma

District 23 - House John Kavanagh Jay Lawrence District 24 Senate: Lela Alston House: John Glenn District 25 Senate: Tyler Pace House: Rusty Bowers, Michelle Udall District 27 - House Reginald Bolding District 28 Senate: Kate Brophy McGee House: Maria Syms, Kathy Pappas Petsas District 30 - House Robert Meza LOCAL ELECTIONS Mesa City Council Jake Brown Phoenix Mayor Daniel Valenzuela Scottsdale City Council Bill Crawford Linda Millhaven Justice of the Peace Doug Coleman (Pinal County #6) Craig Wismer (Arrowhead) Ken Cheuvront (Encanto) Bob Robson (Kyrene) Jay Tibshraeny (San Marcos) Fred Arnett (West Mesa)

August/September 2018 | Apartment News

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AMA raises more than $1 million for charties

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he AMA believes in giving back to the community. Our goal is to cultivate opportunities and generate financial resources to provide safer communities and enhance residents’ lives. Since 2005, the Arizona Multihousing Charitable Foundation (AMCF) and the Big Hearts committees have raised more than $1,000,000 to support and address the needs of the community, children, veterans, housing and education.

Last year alone, AMCF Big Hearts raised a total of $82,040, with AMCF Big Hearts Phoenix Committee raising $50,536 and AMCF Big Hearts Tucson Committee raising $31,504. All the money raised last year was distributed to UMOM New Day Centers, the Julie Hurst and Steve Peters Education Fund, Autism Speaks, Our Family Services and Tucson Homeless Connect. Members of the AMCF Big Hearts Committee in both

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Apartment News | August/September 2018

Making a d Phoenix and Tucson host annual fundraising events such as the Bowl-a-thon, Car Raffle, Silent Auction, Dollar-A-Door FUNdraiser, Gaslight Theatre, El Tour de Tucson, and Annual Fun Run. These events make it possible for us to make a difference in our communities.

AMCF Big Hearts originally started as

the Big Hearts for Little Hands Committee through the AMA. It was created by the Board of Directors in 2005. The goal of this committee, bringing together both regular and associate members, was to create volunteering and fundraising events that support organizations like UMOM New Days Center and Our Family

www.azmultihousing.org

LOCAL STUDENTS BENEFIT FROM AMA SCHOLARSHIPS In 2015, the Arizona Multihousing Charitable Foundation created a scholarship fund to provide post-secondary educational funding for the employees of AMA member companies in good standing, and their immediate family members. The AMA Board of Directors named the education fund in memoriam, honoring Julie Hurst, a Senior Vice President with Riverstone Residential.

Julie served on the AMA Board of Directors until her passing in 2012. In 2017, the Arizona apartment industry lost another dear friend, Steve Peters, a Senior Portfolio Director with Shelton-Cook Real Estate Services. Steve’s accomplishments in our industry inspired the Board

to rename the fund to include his name.

For the Julie Hurst and Steve Peters Education Fund to be sustained over time, AMCF Big Hearts set out to raise $50,000. The original goal was to have the funds available for distribution by January 1, 2019. With the help of the Associate Member Council (AMC), AMCF Big Hearts hit their $50,000 goal early, making 2018 the first year that applicants could apply for and be awarded.

Administered by the Arizona Community Foundation (ACF), the Julie Hurst and Steve Peters Education Fund will distribute academic scholarships annually. Employees of AMA member companies in

good standing, and their immediate family members, including children spouses or dependents of a legal guardianship, are eligible to apply.

These scholarships can be used for post-secondary Arizona accredited institutions including trade/vocational school, community college, or a university. Applicants can be part-time or full-time students. Applicants may reapply in subsequent years to be considered for additional funding.

This year, the Julie Hurst and Steve Peters Education Fund scholarships have been awarded to three participants — congratulations Madison Furnas, Daniel Sinclair and Kaitlyn Lockett.

difference Services. As the donation amounts grew each year, the AMA felt it was important to formalize the efforts of the committee, so in 2011 the Board of Directors created the Arizona Multihousing Charitable Foundation (AMCF), a 501(c)(3) organization.

The creation of AMCF allowed the Association to expand its fundraising efforts. In 2015, the AMA Board of Directors tasked the AMCF Big Hearts for Little Hands Committees to begin fundraising for an Education Scholarship, and decided to name the fund in memoriam, honoring Julie Hurst, and in 2018 Steve Peters was added. With the new and expanded role of the committees, the “for Little Hands” was removed from

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the committee name, and a new logo was created for Big Hearts. Today, Big Hearts continues to grow, expand and adapt to the needs of the organization in supporting different charities that are important to members. Now, the AMCF and Big Hearts names have been combined together to create ACMF Big

DANIEL SINCLAIR Daniel, a rising junior at ASU majoring in Materials Science and Engineering and minoring in Spanish. He is involved on campus, working as both a peer health educator and community assistant in addition to doing research for a lab that focuses on solar energy. He is passionate about solar energy and medical devices. Once Daniel finishes his undergraduate program, he plans to pursue a master’s degree in engineering. He believes getting his master’s degree will help him achieve his dream job - doing materials work in Spain.

KAITLYN LOCKETT Kaitlyn is set to graduate from Northern Arizona University this December with her Bachelor’s degree in Criminal Justice. She plans to further her education in the American Sign Language (ASL) Interpreter Preparation Program at Phoenix College. Kaitlyn’s dream is to become a legal ASL interpreter in the courtroom. In addition to going to school, Kaitlyn also works part time for Greystar Real Estate Partners. She is very excited to have the opportunity to continue her education and excited to be one step closer to her dream career MADISON FURNAS Madison, Benson High School Class of 2018 Salutatorian, held an array of leadership roles throughout high school. These positions include Student Government, National Honor Society, band, basketball, track, and Future Business Leaders of America where she found her passion for business. Beyond school, Madison has been involved in volunteer work at the state and national levels. She has been accepted into the W.P. Carrey School of Business and Barrett the Honors College at ASU. Madison is following her passion for business and getting her degree in marketing.

Hearts Phoenix and AMCF Big Hearts Tucson Committees. The logo has once again been updated to reflect the organization becoming one entity. AMCF Big Hearts has always adapted to the changing charitable and philanthropic interests of the AMA’s members and the changing needs of their communities.

UPCOMING AMCF BIG HEARTS EVENTS Aug. 10 Big Hearts Bowl-a-thon Sept. 14 Tucson Tradeshow Afterparty Oct. 28 Walk Now for Autism Speaks Nov. 17 El Tour De Tucson

Dec. 31 Dollar-a-Door FUNdraiser ends Jan. 2019 AMCF Big Hearts Awards Ceremony & Car Raffle Drawing

August/September 2018 | Apartment News

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Centurion Management Company A talk with Brian Wareing, President/CEO Q: What about this industry inspired you to start Centurion Management Company?

When I started in this business, employers treated their employees much differently.

Employers used intimidation to instill fear into employees in hopes they’d perform better. The goal was to scare employees so they would work harder and feel like they would not lose their job. This created a lack of customer service due to stress and actually made employees perform worse. I decided to run Centurion with tremendous respect and thankfulness to all our employees. I figured that if I showed our employees that I cared about them and their families as more than just numbers, they’d want to work hard and impress me.

It has worked incredibly well for more than 27 years.

Q: Over the years you have been in business, what do you think has changed the most in the industry?

Well for starters, significantly improved customer service on the property level.

Also, the software available to property managers, including using smart phones and tablets, is beyond anything we dreamed of.

Q: How did these changes impact your decision to rebrand your company?

When our Vice President, Austin Harte, first approached me about a rebrand, I was initially against it. However, they say that if you don’t evolve, you die.

Austin Harte We hired some of the best people that Austin had worked with

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Brian Wareing

in the past and decided we’d try to form a company that used all the great things from Centurion and from the other companies that these people had worked for.

From there, we’d throw out all the not great things to create the best property management company possible!

Q: With all the changes you’ve made thus far, what do you feel now sets Centurion Management Company apart?

We have the most positive energy that we’ve ever had. Every single decision we make is based upon the question, “Does this decision make us a better property management company?” We have so many people who are so appreciated and

Apartment News | August/September 2018

so love to come to work every day that I’m supremely confident we will provide the best property management services possible.

Q: What are the benefits for you as an AMA member? Are you involved in any committees that are helping your business or your team members?

The AMA has one of the best lobbyist groups in the country. They have gotten the state legislature to pass laws that make Arizona one of the most apartment friendly states in the country. In the past, we have been involved with many AMA committees and we are eager to do so again!

www.azmultihousing.org

AMA REVERSE TRADE SHOW

‘SHOOT FOR THE STARS’

The tables were flipped on July 19th at the Tucson Reverse Trade Show. Every year, this Trade Show continues to grow, and this year was no different. The ‘Shoot for the Stars’ themed event was a huge success with over 200 people in attendance — including a 25% increase of property management representation compared to last year. As the Tucson Property Management Members set up behind tables, Associate Member Teams and Sponsors had the opportunity to network and set appointments with the Property Management Members in a “speed dating” styled format. Next year’s Tucson Reverse Trades Show is currently set for July 18th, 2019. Due to the event’s continuous growth over the years, the Trade Show will be held at a larger venue next year.

Of course, this event would not be possible without our sponsors. Thank you to this year’s Title Sponsor American Technologies, and all our other amazing sponsors: the Law Offices of Scott M. Clark, Maintenance Supply Headquarters, Koglmeier Law Group, L & M Custom Painting & Tile Works, Leslie’s Poolmart, Sunland Asphalt, PPG Paints, Valley Wide Security, Wingspan Media Group, LLC, Arizona Smoke Free Living, Apartments.com, Redi Carpet, Aire-Master of Tucson, Concepts: Space Planning & Design, MRI Software, Interior Logic Group Property Services, Tucson Appliance Company, Silverado Rooter & Plumbing, Capitol Floors, Delta Mechanical, The Garzella Group-Multifamily Risk Advisory. www.azmultihousing.org

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August/September 2018 | Apartment News

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At a social crossroads Navigating the intersection of Facebook and fair housing

BY MARK B. ZINMAN

Mark B. Zinman is an attorney with Williams, Zinman & Parham P.C. He can be reached at 480-994-4732.

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acebook is a multi-billiondollar platform that allows people throughout the world to connect with their friends and their family. It seems like everyone has an opinion about Facebook, whether it is a useful tool for communicating, a dying social media website or a place filled with stories about people’s kids. Usually Facebook potentially violating fair housing laws is not the first thing that comes to people’s mind.

Managers generally think about fair housing in terms of how they treat their applicants and residents. Managers are quick to tell stories about the time they had to allow a goat as an assistive animal to help the resident deal

with anxiety.

Given the complexity of how fair housing laws are applied on property, managers often forget that fair housing laws apply to advertising done in the real estate market. This can affect not only what the advertisements look like, but also what models they use, what language is included and to whom the advertisements are sent. Just like the prohibition on steering, advertisements should not target or avoid a specific protected class.

This rule becomes more complex when applied to online ads. There is a federal law called the Federal Communications Decency Act (“CDA”) which provides that websites will not be liable for discriminatory content, where the site has no control over what is posted. In a case that went to the Supreme Court, it was found

that Craigslist was not liable for discriminatory postings because the website merely provided a blank space for people to write in what they wanted. The Court found that Craigslist didn’t control what was written nor did it target specific groups. The author that made a discriminatory post could still be liable for violating fair housing laws, but Craigslist was not liable.

A new lawsuit filed against Facebook in March, comes from a different angle and has good arguments as to why Facebook is different from Craigslist. While Facebook also only provides a blank slate for a person to write what they want, Facebook is different in that it is actually an advertising platform. Therefore, once the user types in the description it wants, it can then use Facebook tools to target which users see the advertisement.

It can target men compared to women, for example. This means that an advertiser on Facebook could ensure that certain groups of people see more of its ads than members of another protected classes. This is a form of advertising discrimination that the FHA is intending to protect against.

Facebook has already publicly announced that it denies any discrimination and that it will defend itself in court. We will keep readers advised of developments in this case.

The views expressed here are generalized advice or information. Fact-specific questions should always be referred to legal counsel. Statements and opinions expressed in these legal columns are solely those of the author or authors. This advice does not necessarily represent the views or opinions of the Arizona Multihousing Association.

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Apartment News | August/September 2018

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Abandoned pets and property

county enforcement agent under A.R.S. 11-1001 or animal control of the presence of the animal. If the landlord does one of these three steps, they are no longer liable to the tenant for the animal.

Suggested changes to your leases and policies as AMA bill becomes law

BY CHRISTOPHER R. WALKER & MARK B. ZINMAN

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his legislative session the AMA sponsored Senate Bill 1376, which Mary Schramm, Chris Walker and Mark Zinman testified in support of. The bill has been signed into law and will become effective August 3. This article will discuss some of the details of the bill and suggest changes that landlords may want to make to their leases, policies, and procedures.

SB 1376, which is now codified in A.R.S. 33-1368 and A.R.S. 33-1370, changes several laws regarding storage of a tenant’s property. Here are the main provisions of the law, which would require you to change your lease and/or your policies and procedures: (because there are countless variations of leases in circulation, we have not set forth the exact language you should use in your lease.

When reading these changes, be sure to check the verbiage in your lease).

1. The law changes the holding period for storing a tenant’s property to 14 days, regardless of whether possession is obtained through an eviction/ writ, or through abandonment of the unit. Previously, possessions had to be held for 21 days after an eviction and for 10 days after abandonment. The new law creates consistency between the two periods, requiring 14 days of storage.

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2. The law now provides that if a tenant returns possession (keys) to the landlord and leaves personal property in the unit, the landlord may immediately dispose of the personal property without liability to the tenant. In other words, if a tenant voluntarily turns in keys (instead of eviction or abandonment), the landlord doesn’t have to store the tenant’s belongings.

3. If a tenant abandons a pet in the unit, there is a three step/option process a landlord can immediately follow. First, the landlord can immediately remove the animal and take it to a shelter or boarding facility. Second, the landlord can provide reasonable care for the animal for the 14 days. Third, (if the first two won’t work), the landlord shall notify the

4. A landlord is not required to store any perishable or contaminated items, nor is the landlord required to store any items that pose a health and safety risk to others. This would apply, for example, if a tenant with bed bugs left belongings in a unit and the personal property was infested. The landlord could immediately dispose of such property.

5. Previously, under the old law, after storing the personal property, if the tenant still had not taken steps to get his/her property, the landlord was required to conduct a sale of the property. Now, the landlord can still conduct a sale if they want to do so, but alternatively, the landlord can also donate the personal property to a qualified charitable organization and then be relieved of further liability. The landlord should keep proof, including receipts, of the donation.

Any tax benefits goes to the tenant.

Remember, under the law, a landlord must still inventory and notify the tenant of the location of the personal items. This should be done as soon as the landlord gets possession of the unit. A Notice of Location of Personal Property should be sent to the tenant’s last known address.

Christopher R. Walker is with the Law Offices of Scott M. Clark P.C., Mark B. Zinman is with Williams, Zinman & Praham P.C.

August/September 2018 | Apartment News

13

AMA Perspectives & Projections Conference

Sept. 28, 8 am – Noon Hyatt Regency Phoenix 122 N 2nd Street, Phoenix 85004 Featured speakers include, Sandra Watson, President & CEO, Arizona Commerce Authority, and a closing keynote with Elliott D. Pallack, Elliot D. Pallack & Co.

Classes held at the AMA, 818 N. 1st St., Phoenix 85004

EVENTS Bowl-A-Thon

Aug. 10, 2018, 2pm – 6 pm Brunswick Zones

EDUCATION 2018 August Fair Housing

Aug. 8, 9 am – Noon

New Member Breakfast

Turn Ready Maintenance

Aug. 15, 2018, 8-10 am AMA Gallery

Aug. 9, 9 am – 3 pm Location TBD

Phoenix Dinner Meeting

Landlord Tenant

Sept. 20, 3:30 – 6:30 pm Phoenix Country Club 2901 N. 7th St. Phoenix, 85014

Flagstaff Fair Housing

Sept.18, 9 am – Noon

National Apartment Leasing Professional Certification Course Sept. 24-28, 9 am – 5 pm

Sept. 6, 9 am – Noon Coconino Center for the Arts 2300 N. Fort Valley Rd., Flagstaff, 86001 FOR MORE INFORMATION ON HOW TO BECOME A PATRON MEMBER OF AMA, PLEASE CONTACT DEANNA JORDAN, DJORDAN@AZMULTIHOUSING.ORG, 602-296-6212.

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Check the AMA website for class locations.

EVENTS AMC New Member Mixer Aug. 9, 3 – 5 pm Reforma Kitchen

Tucson Trade Show

Sept. 14, 9 am – 4 pm Tucson Convention Center 206 S. Church Ave. Tucson, 85701

Tucson Dinner Meeting Oct. 18, 5 – 7:30 pm Radisson Suites Tucson 6555 E. Speedway Blvd.

Tucson, 85710

Tucson Fall Family Festival & Chili Cook Off Oct. 25, 5 – 7:30 pm Redi Carpet Warehouse 6000 S. Country Club Rd. Tucson, 85706

EDUCATION AZ Landlord Tenant Act Aug. 14, 9 am – Noon

Maintenance Work Place Safety Aug. 21, 9 am – Noon

Tucson CPR & First Aid Training Oct. 19, 8 am – 2 pm

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