This Probably Never Happened to You, but … No. 204

Written by Apartment Management Magazine on . Posted in Blog

by C. Finley Beven, JD, CPM, CCAM

Unit #3 had been vacant for about 8 days. We were just finishing the “make over” process, ads were running, and we had begun accepting applications. While at the property, we happened to notice that someone was parking in the space intended for unit 3. It was highly probable that one of our tenants was using that space. As no current tenant was being inconvenienced at this time, we did not need to act in haste. We will resolve this, but we will do it thoughtfully.

Shifting Attorney’s Fees and Costs in Landlord Tenant Litigation Understanding and Planning for the Bottom Line Risks for Apartment Owners

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By Nate Bernstein, Esq., Managing Counsel- LA Real Estate Law Group

In any landlord v. tenant litigation scenario, the risk of an award of attorney’s fees and costs against you or your company  (as the landlord or property management company) is a serious financial risk if your opponent prevails on the merits in landlord tenant litigation.  The risk can be present at the level of “law and motion,” the level of “trial practice,” or the level of “appellate practice.”  Landlords and property management companies are generally not “judgment proof.” Their assets are visible on the boulevard and the public title records !!   If the risk is not insurable, landlords and tenants have financial exposure if a tenant prevails in an eviction case or other type of litigation case. If you are a plaintiff in a hotly contested case, you have the burden of proof, and if you lose on the merits before a judge or jury you have exposure for an award of attorney’s fees and costs against you, not to mention a potential lawsuit for “malicious prosecution.”  

How to Follow Up with Vendors after a Multifamily Conference

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By Becky Bower | ApplyConnect

Whether you’re a networking newbie at multifamily events or you’re a true rental tradeshow veteran, knowing how to follow up with exhibitors and vendors after the conference is a crucial step to networking. Don’t let the connections you built up at a tradeshow go to waste. If you take the time to properly follow up and build relationships with your colleagues and vendor representatives, you’ll be able to reap the career benefits later on.

Reasonable Accommodation or Undue Burden?

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Jessica S. Weisman, Managing Partner of Client Education | Kimball, Tirey & St. John LLP 

Disability is the most common basis for the filing of housing discrimination complaints in California and nationally. According to the California Department of Fair Employment and Housing (DFEH) 2016 Annual Report, 39% of the housing complaints filed were based on mental or physical disability. According to The Office of Fair Housing and Equal Opportunity (FHEO), in 2016, out of 8,385 complaints, over 50%, 4,908, were based on disability.    

Congress Enacts Tax Reform for 2017 and 2018

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by Richard Page

A congressional aide placing a placard on a podium for House Republicans’ legislation to overhaul the tax code. Thomson Reuters

Except for three provisions, all of the new tax changes included in the recently passed Tax Cuts and Jobs Act (TCJA) go into effect beginning in 2018 or beyond.

The changes applicable for 2017 federal returns are:

  • The adjusted gross income threshold for medical expenses on Schedule A will be 7.5% for all taxpayers for 2017 and 2018.
  • 100% of bonus depreciation is eligible for qualifying assets purchased after September 27, 2017.
  • The home mortgage interest deduction is limited to no more than $750,000 of principle residence acquisition indebtedness for loans incurred beginning after December 14, 2017. The limit is $1,000,000 for loans incurred before December 15, 2017.

A Slip of the Tongue Can Cost You

Written by Apartment Management Magazine on . Posted in Blog

by Jessica S. Weisman, Managing Partner of Client Education | Revised from a previous KTS article prepared by D. J. Ryan, former Director of Education (Retired)

One of the most common questions asked by managers, leasing professionals, and owners during our fair housing trainings is, “What can I, or can’t I say, so I won’t get in trouble with fair housing?”

It should come as no surprise that what you say, type, text or post on social media could increase your potential for a fair housing complaint or lawsuit.

Revenue, Retention, Reputation: Why the Traditional Landlord Approach is Changing

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by Charlie Wade | VTS

Historically the primary focus of the vast majority of office landlords was to secure enough tenants to fill their buildings as quickly as possible. Their modus operandi was simple: persuade an occupier to sign as long a lease as possible, with a minimum rent-free period and on a maximum pounds per square foot rent, in the quickest way possible. Once the tenant signed on the dotted line the landlord could essentially not worry about that tenant/building until a lease event loomed large on the horizon.

The Economic Implications of Rent Control

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This article was originally published on the Resident Screening Blog.

Since the housing crisis, the demand for affordable rental housing has skyrocketed as Americans have shifted from a homeownership mentality to a renter mentality. As Richard Florida from CityLab might argue, the migration from suburban homeownership to renting has been increasing since 2006. In fact, from 2006 to 2014 the number of U.S. renter households did increase by 5%. With a large percentage of the renter population concentrated in or near urban areas, some of the most major cities in the U.S. lack the necessary housing supply to meet the demand.

The Future of Rental Housing: More 2018 Regulations and Legislation

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By Becky Bower | ApplyConnect

2017 was undoubtedly a busy year for rental housing legislation. With bills like California’s immigrant housing protections and the City of Seattle’s ban on criminal records within background reports, you’ll start to feel the effects of these passed bills this year. Take a look at pending and future rental housing legislation that could affect properties across the U.S. in 2018, and be aware of legislative trends that surfaced last year. One prominent bill in one state could very easily turn up in another state down the road.

2018’s Hot Item: Online Rent Collections

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by Becky Bower | ApplyConnect

Let’s face it – physically collecting rental checks is outdated. It requires you to invest a lot of time into recording the payment into your tenant ledger, and standing in line at the bank to deposit it. This process doesn’t even include enforcing late fees, bounced check fees or any time spent talking to a tenant that doesn’t have the rent. Bring your rent collections into the future by switching to a convenient, easy, and hassle-free online solution in 2018.

PayRent.com