Apartment Pet DNA Testing Expands To “Travel Dog” Concept

August 7, 2017

Pet friendly apartments have turned to pet DNA testing to help keep common areas clear of dog poop. It has worked for many apartment complexes.

By John Triplett

The company that started pet DNA testing for apartment buildings, PooPrints, has recently launched the Travel Dog membership program that

Brody, pictured above, is a Travel Dog member.

allows pet owners to register their pets in the DNA World Pet Registry using a simple DNA sample, according to a release.

“Due to the success of our PooPrints DNA testing program in multifamily properties, we are now looking to expand pet access to other types of properties. We are also receiving inquiries from cities and towns because they are looking for ways to promote responsible dog ownership,” David Woody, director of business development for BioPet Labs, told Rental Housing Journal.

“Travel Dog is a voluntary program for the actual dog owner, because across the country dog owners are losing access to places they can take their dogs,” Woody said which is one reason the new program was started.

However if a city was trying to require PooPrints, he said he was not sure how well that would work because “a typical city that requires pet registration is only going to get about 10 percent of the people to register their dogs, so from a compliance stand point it doesn’t really work.”

From the apartment and condo standpoint, it can be difficult to find rental condos that are pet friendly. Woody said if a pet owner can show they have their pet DNA on file, that can help show the condo owner that they are a responsible pet owner. That is not the sole reason. But at least that gives the dog owner a little more ammunition to show the apartment or condo landlord or owner – who might consider being pet friendly – that they are a responsible pet owner.

““For the multifamily industry in the United States we have the PooPrints program,” he said, but there are situations where private condos and apartments don’t have the ability to implement the program’s entire infrastructure, and dog owners want to make the rental housing owners more comfortable with being pet friendly.” So Travel Dog could be a step in that direction.

Looking to promote responsible dog ownership through pet DNA testing

This is Knox, whose owner purchased a Travel Dog membership.

“We are looking to promote responsible dog and pet ownership as a whole,” Woody said. “We want to give dog owners a way to be proactive” which they can do with Travel Dog.

“We are focusing on the environmental side because we see article after article,” of pet owners being denied access to areas due to pet waste. “We saw there was a large dog park in Colorado that shut down due to pet waste,” he said. “Dog owners had been visiting this park for years, and the dog owners basically said we will DNA our dogs – we can show we are responsible and we are not causing this problem.”

Woody said another problem is that sometimes dog owners will bag the poop, and then drop the poop bag beside a trail or even leave it next to a garbage can, instead of putting it inside he said. This contributes to dog owners losing their access to public areas. “Every time we turn around we are seeing, for environmental reasons, dog owners are starting to lose their access to areas,” he said.

“Frankly that extends to apartment buildings as well,” he said. “On the PooPrints side, we are in about 2,500 apartment buildings. We have tenants that go from one PooPrints property to another,” and they can transfer their world pet registry to the new apartment building, if it is pet friendly.

Dog waste problems in Colorado parks

The Denver Post reported earlier this year that for the second time in five months, the Railyard Dog Park in downtown Denver was closed because of piles of dog poop not picked up by pet owners. “Once it gets to the point where it’s unsanitary, we have to close it,” Yolanda Quesada, director of communications for Denver Parks and Recreation, told the newspaper.

Another dog park in Evergreen, Colorado, Elk Meadow, was closed permanently, partly because Jefferson County Open Space officials had declared high levels of E. coli from dog waste. That, plus parking problems, forced them to permanently close Elk Meadow Dog Park.

Dog waste environmental problem not new

“The dog waste problem is not new, especially as a source of water pollution. The U.S. Environmental Protection Agency classifies dog waste as a major pollutant and most recently the University of Minnesota found dog waste is the third largest pollutant of the Mississippi River,” J Retinger, President BioPet Laboratories, said in a release.

“What is new, is that the strong human animal bond is creating dramatic growth in dog ownership, especially in urban areas. The result is a true dog waste crisis meaning many dog owners are banned from bringing their dogs to parks, beaches and even cemeteries. In extreme cases, such as Colorado’s Evergreen Dog Park, permanent closures are occurring.”

Travel Dog is a membership club for responsible dog owners that will serve as a global brand representing responsible pet ownership and concern for the environment through pet DNA testing, according to the release.

Each Travel Dog member registered through pet DNA testing, receives an exclusive Travel Dog tag and is registered in BioPet’s 250,000 member DNA World Pet Registry. Travel Dog membership also enables each owner’s dog to be recognized by pet friendly hotels, restaurants, attractions, and other businesses. Through the Travel Dog logo these businesses will display to pet owners that they are pet friendly. A percentage of Travel Dog sales are donated to animal welfare causes, according to the release.

“Cities and counties also benefit from BioPet’s Travel Dog and DNA World Pet Registry™ as they provide the basis and infrastructure for developing dog waste control programs,” added Retinger.

Portland can fine dog owners up to $150

According to Portland’s Parks and Recreation Department, “Dog poop is essentially raw sewage; it contains harmful organisms like E. coli, Leptospira, and roundworms. These organisms can be contracted by other dogs, wildlife, and even children. Bacteria from dog poop can wash into rivers and streams when it rains.

City Code also requires that all poop must be picked up and disposed of into the proper receptacle. Violation of either leash or scoop laws will result in a fine of up to $150.”

Resources:

What pollutes the urban Mississippi? Lawns, dogs and lots of pavement runoff

Piles of poop shut down Railyard Dog Park in Denver — again

Seattle people, dogs and parks plan

Frequently Asked Questions about dogs in Portland’s parks

The Scoop On How Pet DNA Testing Fixes Your Apartment Poop Problem

Why Are Some Property Managers Not Solving Pet Poop Problems?

About Biopet Laboratories

BioPet Laboratories is an international biotechnology company specializing in animal genetics. The company’s full-service laboratory provides comprehensive DNA analysis, reporting, research and product development. BioPet Laboratories’ mission is to promote responsible pet ownership, provide pet waste management solutions and to improve public facility access enabling owners to take their pets anywhere. For more information about BioPet Laboratories or its DNA-based pet products, contact us at www.biopetlabs.com or call (865) 546-2862.

Majority Of Rental Property Investors Are Small Entrepreneurs

the-editors

July 18, 2017

Most rental property investors and owners are small landlords who own five or fewer single-family rental housing units, according to a new study.

The study showed that landlords and real estate investors lease 44 million rental households that house about 60 million people across the U.S., according to a release from Real Property Management. The study found this means there are about 10 million real estate investors representing 98 percent of all rental property owners and about 80 percent of all rental properties.

“The single-family residential investment market has long been misunderstood and dismissed as only an option for those wealthy enough to use real estate investing as a business,” Bob Pifke, CMO of Property Management Business Solutions, LLC, the franchisor of Real Property Management, said in the release.

“The results of this study have painted a clear picture that single-family residential investors are becoming more and more serious, and that rental properties are being recognized as a mainstream asset for investors building a portfolio for retirement,” he said.

Pike was referring to findings from The Iceberg Report, an annual report and analysis of the American single-family residential investment industry. Real Property Management was a primary sponsor of the study, which was created in partnership with 2020 REI.

“With the Iceberg Report, we now have a better understanding of this unique market including who they are, what they are interested in, how and when they buy properties, and the impact of their investment activity,” Pike said.

Rental property investors find property managers through referrals

In addition, the findings show that personal referrals from family, friends, and real estate agents were the primary means by which more than half of rental property investors found a property manager – contrary to what most believe is internet-driven research and validation.

There is an increasing level of sophistication amongst rental property investors and a higher level of financial acumen than previously thought, according to the study.

Single-family residences second only to apartments as rental housing

The Real Property Management organization, along with other sponsors, uncovered the following key information through the administration of this research study:

Types of Structures of Renter Households. Out of the 43.7 million rental households, 15.2 million or 35 percent are single-family residences that represent 43 percent of rental residences. This segment of the rental industry is second only to apartment buildings.

First vs. Subsequent Investment Opportunities. The first rental property investors purchase is typically found with the help of others. Real estate agents are the leading source, followed by friends and real estate investment clubs. Real estate investment courses also play a major role. In contrast, subsequent investment property purchases involve a much greater variety of inputs including personal contacts and internet sources. Investors quickly learn how to leverage multiple information sources to build their portfolios.

Investor Location Preference. Two thirds of rental property investments are made in the investor’s local area and 52 percent occur in the investor’s city or town. The role of national investors who have no location preference remains a small segment of the market.

Price for Residential Property. Most investors buy rental properties priced below both the average new or existing home price. Only one-third are willing to pay for housing above $275,000.

Intent of Property Acquisition. Property investors play an important role in upgrading and improving housing. Two thirds of properties are renovated after purchase, and nearly half of all property investments are turned into rentals. Only a third of investors are “flippers”, who plan to sell the property as-is or with renovations.

Property Management Preference. Doing it yourself and having a professional property manager is not a black and white decision for investors. Although half of investors handle all aspects of property management, 22 percent enlist the aid of a third party for some aspects of property management (primarily leasing vacancies), while 28 percent have a professional do all the property management work.

Most Frequent Rental Problems. The number one problem for rental property investors is unexpected maintenance. Since most investors have full time careers outside of property investing, unexpected maintenance issues interfere with work and family activities. Secondly, one in four investors frequently deal with late or delinquent rent collection, and tenant damage to property is the third most frequently reported rental problem for investors.

The Iceberg Report is a new annual study designed to understand the behavior of the American single-family residential investment industry from Steve Murray of REAL Trends and Andrew Waite of NEXZUS Publishing Group, former publisher of Personal Real Estate Investor Magazine. The authors pioneered studying this market in 2007 when Murray, a real estate brokerage consultant, questioned Waite about the market impact of intentional investors on housing resales. At the time, investors were considered an irritant to traditional real estate agents, yet little had been done to quantify the amount of recurring business opportunity real estate investment offered the real estate sales industry. After years of industry expansion, and no subsequent industry wide surveys, polls, or reports being published, the 2020 REI Group commissioned the authors of the previous reports to embark on this new format. Adding a qualitative aspect to the proven quantitate approach was a key factor to the mission of the project.

To obtain the executive summary of the Iceberg Report, please visit https://www.propertymanagementfranchise.com/iceberg-report/.

About Real Property Management

Real Property Management is a franchise organization owned by Property Management Business Solutions, LLC, a privately held corporation based in Utah. With over 30 years of industry expertise, Real Property Management offices provide full-service residential property management for thousands of investors and rental home owners from more than 300 independently owned and operated locations throughout the United States and Canada. For more information about Real Property Management or property management services, please visit the following link: www.realpropertymgt.com. For information on franchising opportunities, please visit www.propertymanagementfranchise.com.

Portland Landlords Lose First Round In Suit Against Relocation Ordinance

john-triplett

July 11, 2017

A federal judge has ruled a landlord did not have to automatically waive its animal fee for a tenant with an emotional support animal

A judge has ruled in Circuit Court in Portland against landlords who had challenged the city’s relocation ordinance passed earlier this year.

Judge Henry Breithaupt, a tax court judge sitting in Circuit Court, upheld the relocation assistance ordinance and ruled against the landlords’ argument that the relocation ordinance amounted to rent control and illegally sought to stop no cause evictions.

The city’s law allows tenants to collect between $2,900 and $4,500 when landlords use no-cause evictions or raise rents more than 10 percent in a year. Portland’s ordinance is set to expire in October along with the City Council’s housing emergency declaration.

“There were three things happening at the same time to put it in perspective,” John DiLorenzo Jr, the attorney representing landlords, told Rental Housing Journal.

“First of all we have a state law in Oregon that “pre-empts local governments from enacting ordinances which control rent – so it is a prohibition on rent control.

“We also have a state law that makes it clear that landlords have a right to issue no fault, or no cause, tenancy termination notices for month-to-month tenants,” he said. “The city believes that the state law prohibits it from banning no cause notices.” He explained that the city acknowledges that the state law imposes parameters on their ordinances that control rent or attempt to regulate no cause notices. They do believe that their home rule authority allows them to enact tenant relocation payment requirements, even if they tie them to rent increases or no cause notices.

At the same time HB 2004 is now dead in the legislature. “That bill was a total failure,” he said.

Relocation ordinance was disguised rent control

“We argued in court that requiring landlords to pay relocation expenses that could amount to up to three times the amount of rent, when rent was raised 10 per cent or more, was tantamount to a penalty for doing what landlords have a perfect right to do under the state statute. And was in essence was disguised rent control,” DiLorenzo said.

“The court just did not buy that argument. I think it is a good argument. And I think the Court of Appeals may be receptive to it,” he said.

City officials cheered the ruling

Jamey Duhamel, the policy director for Commissioner Chloe Eudaly who was instrumental in bringing the law forward, issued a statement, according to the Portland Mercury saying: “At a time when the legislature has so blatantly turned its backs on tenants in Oregon, it is deeply gratifying to know that the only tool available to us has been upheld in the courts. Relocation assistance helps stabilize families and we intend to make sure as many tenants as possible know about it.”

In a letter to officials, Deputy City Attorney Dennis Vannier boasted that Breithaupt “just comprehensively rejected John DiLorenzo’s challenge to the City’s relocation-assistance ordinance enacted earlier this year, and conclusively ruled for the City on every claim…,” according to the newspaper.

Landlords considering appeal

“There are some complications. Under normal circumstance I would just tell you yes we are appealing. And we may in fact appeal,” he said.

“But the ordinance is set to expire on its own accord in October. So it is going to be up to our city council to decide whether they are going to renew it, or change it. They might renew it, or they might change it. And it might be a different ordinance and so the likelihood is that we will appeal.

“The appeal may be disrupted depending on what the city council in turn does. If they allow it to expire the appeal would be moot.

In terms of whether we appeal or not, “We cannot wait until October. We have to decide within 30 days of the judgment. And the judgment should be finalized next week. So I would say by mid-August we should know what we are going to do.”

Photo credit Feverpitched via istockphoto.com

Divided Oregon Supreme Court Upholds Portland Relocation Payment Ordinance

Rent Control And No Cause Evictions Bill Dies In Senate

By The Editors

July 7, 2017

Controversial legislation to remove the state-wide ban on rent control in Oregon and to set new rules for no-cause evictions has died in the Oregon Senate, according to reports.

The bill, HB 2004 , passed the Oregon House 31-27 in April, but lacked support in the more conservative Senate and failed after several attempts to amend it.

The Senate Human Services Committee modified the bill to make it less punitive against landlords. The committee’s amendments reduced the circumstances under which landlords would have to pay relocation fees to tenants who were forced to leave at no fault of their own. The Senate also removed a provision to lift a ban on local rent control, according to koin.com.

However, the proposal lacked support from the Senate’s 13 Republicans.

The bill, called a tenant protections bill by advocates, was a chief priority for House Speaker Tina Kotek and several other Portland-area lawmakers.

Sen. Tim Knopp, has said restrictions on landlords are counterproductive to solving Oregon’s shortage of affordable rental units and has advocated for measures that make it easier for investors to develop new housing units.

Originally as passed by the House, the measure would have allowed cities and counties to enact local ordinances that would control how much landlords could raise rents each year, removing the state-wide ban.

Rep. Bill Kennemer, R-Oregon City, who is a landlord, also told Oregonlive.com when the bill passed the house that HB 2004 is “a well-intentioned effort,” but isn’t the right approach. “This bill does not build a single apartment unit,” he said.

The bill originally stated:

“Prohibits landlord from terminating month-to-month tenancy without cause except under certain circumstances with 90 days’ written notice and payment of relocation expenses. Provides exception for certain tenancies for occupancy of dwelling unit in building or on property occupied by landlord as primary residence. Makes violation defense against action for possession by landlord. Requires fixed term tenancy to become month-to-month tenancy upon reaching specific ending date, unless tenant elects to renew or terminate tenancy. Requires landlord to make tenant offer to renew fixed term tenancy. Repeals statewide prohibition on city and county ordinances controlling rents.”

Pet-Friendly Workplaces Improve Employee Morale And Retention

the-editors

June 20, 2017

Pet-friendly workplaces improve the morale and retention of employees, according to a new survey.

Research has found that employees who bring their pets to work tend to have lower stress levels by the end of the day, and that their pet can help reduce blood pressure, decrease loneliness, help lower cholesterol levels and encourage physical activity, according to a release.

The survey called Pets At Work, done by Penn Schoen Berland (PSB), an independent research company and commissioned by Purina, found that pet-friendly work environments are viewed as both exciting and innovative, and even discovered that more than half of dog owners in pet-friendly workplaces bring their dog to work at least once a week in addition to lunch meetings, work parties and meetings with their boss.

Pets at work more valuable than free coffee and parking

The data on pet friendly workplaces comes from a recent survey conducted May 11-16, 2017 among 1,004 U.S. general population respondents currently employed, including those who work in pet-friendly workplaces.

Employees at pet-friendly organizations ranked having pets at work second in terms of most valuable work benefits – ranking higher than free coffee and parking.

Additional findings about pet-friendly workplaces from the report:

63 percent of employees in pet-friendly workplaces indicated they are "very satisfied" with their work environment – and this is nearly twice as many as those in workplaces where pets are not allowed

Eight in ten people in pet-friendly workplaces also say that having a pet at work would make them feel more happy, relaxed and sociable

65 percent of employees at pet-friendly workplaces say that it is important to them that a potential employer allows pets

19 percent of cat owners in pet-friendly workplaces bring their cat to work daily; 20 percent of dog owners bring their dog daily

One in three people in non-pet-friendly workplaces wish they could bring their pet to work

Three out of five employees wish they had pet-friendly workplaces

"Pets bring a wealth of benefits – both physical and emotional – to pet owners and their families, so it's no surprise those same benefits also apply to the workplace and employees," Dr. Kurt Venator, DVM, PhD, and Purina's Chief Veterinary Officer, said in the release.

"Whether a pet helps provide a calming sense during a challenging situation or encourages employees to take a walk during their lunch break, here at Purina, we experience the benefits of pets at work every day and want others to as well.

"Based on the findings in the report, three in five of those surveyed who wish their workplace had a pet-friendly policy said they would spearhead efforts to make it happen," Venator said.

"With that said, our hope is that the annual report will continue to raise awareness and arm employees and employers with insight that can help facilitate pet-friendly environments within their companies," he said in the release.

Purina released the report In celebration of National Take Your Dog to Work Day on June 23.

For almost 20 years, Purina has encouraged its associates to bring their pets to work, while recognizing the positive impact pets can have in a professional environment. The pet food maker wants other companies and organizations to follow suit and open their doors to pets, according to the release.

To help other employers who are considering starting their own Pets at Work program, Purina has created a digital toolkit with tips and tools such as office checklists, signage and authorization forms. The free toolkit is available for download at www.purina.com.

About Nestlé Purina PetCare

Nestlé Purina PetCare promotes responsible pet care, community involvement and the positive bond between people and their pets. A premiere global manufacturer of pet products, Nestlé Purina PetCare is part of Swiss-based Nestlé S.A., a global leader in nutrition, health and wellness.

About the Survey

Penn Schoen Berland (PSB), an independent research company, conducted the poll on behalf of Purina, distributing 1,004 total online interviews among U.S. general population respondents who are currently employed, including those who work in a Pet-Friendly workplace, between May 11-16, 2017. Randolph T. Barker, Janet S. Knisely, Sandra B. Barker, Rachel K. Cobb, Christine M. Schubert, (2012) "Preliminary investigation of employee's dog presence on stress and organizational perceptions", International Journal of Workplace Health Management, Vol. 5 Iss: 1, pp.15 – 30.

Photo credit top LightFieldstudios and photo credit bottom Humonia via istock.com

Man Who Shot Portland Property Managers Sentenced to 13 Years

By The Editors

June 12, 2017

A man who shot two employees working as property managers at the Cascadian Terrace Apartments in Portland during an eviction last December has been sentenced to 13 and a half years in prison, according to reports.

Reynaldo Diaz Cabrera who pleaded no contest in April to two counts of attempted murder was formally sentenced in May.

The two managers for Guardian Real Estate Services, working at Portland’s Cascadian Terrace Apartments developed by Community Development Partners, were shot and wounded by Cabrera during an eviction.

Doris Bray, 64, and Bill Maddrell, 45, were shot after Cabrera walked into the apartment management office and shot them. Police later said Cabrera told them he fired the gun shots because he was mad about being evicted from his apartment.

Property managers just doing their jobs

During the sentencing, Bray’s daughter, Roxanne Wilson, told the court it had taken more three months to take Cabrera to court to get the eviction due to a list of items he had been cited for.

“She was doing her job and doing it well,” Wilson told the court according to Oregonlive.com. “Residents felt unsafe because of him, and my mom was doing everything she legally could.”

Wilson said her mother was traumatized and suffers from post-traumatic stress disorder and depression, according to Oregonlive.com.

What property managers can do to protect themselves

Community Development Partners, the company that developed the apartment complex and hired Guardian to manage it, offered some thoughts earlier this year in a report on what could be learned from the shooting to help other property managers possibly avoid such issues in the future.

Part of the advice to help property managers is a suggestion that It might be wise to talk with the police if there is a concern of a threat. The police can escort the manager to the occupant’s unit to help ensure the manager’s safety. If the tenant fails to vacate upon eviction, management can take advantage of a police lock-out.

The police can escort the person off the property, and set a time for the person to come back and pick up their belongings when management can arrange for more security to be present. These resources should be used carefully, however, as they can inflame a situation, according to the report.

Read more here on ways property managers can protect themselves from violent tenants.

Photo credit dzyx via instockphoto.com

Tenants United Protests Portland Property Managers Awards Ceremony

the-editors

May 29, 2017

Protests by Portland Tenants United happened for the second year in a row at the annual awards ceremony of a Portland property management association as pickets showed up at the event, according to various reports.

The protesters were at Multifamily NW’s annual recognition ceremony for outstanding work by property managers in the Portland area, called the ACE awards, held by Multifamily NW which is an association promoting quality rental housing.

Demonstrators lined the sidewalks around the event. There was no report on how many demonstrators were at the event.

"We reject the fact that in an unprecedented housing crisis that they celebrate raising rents," Margot Black, PTU co-founder told the Portland Tribune in an interview prior to the event. "We intend to be as much of a nuisance as possible."

Protests targeting the wrong people

A spokesman for Multifamily NW pointed out that the protestors were targeting property managers while it is the property owners of apartment buildings who make decisions about rent increases and eviction policies.

“Portland Tenants United was off-target in its protest,” John McIssac said in an email release. “It is in no way a political event, and it has nothing to do with property owners.”

“The ACE Awards serve to recognize excellence among Multifamily NW property management employees—the people who work with property owners and tenants to make living in, working at and owning a multifamily property the best experience it can be. Each year we come together to acknowledge and celebrate the work of property managers, leasing associates, maintenance personnel, and compliance specialists, all of whom make Multifamily NW properties among the very best in Oregon,” he said.

Protests comes as Oregon legislature considers rent control

A bill that lifts the ban on statewide rent control and leaves the rent control issue up to cities has passed the Oregon House 31-27 and is now under consideration in the Senate.

The bill, HB 2004, also prohibits no-cause evictions.

The measure would allow cities and counties to enact local ordinances that would control how much landlords could raise rents each year, Oregon Public Broadcasting reported. Currently, there’s a statewide ban on such ordinances.

House Bill 2004 is part of a package of legislation meant to address the state’s growing housing crunch.

"This is the second annual disgrACE Awards," protest co-organizer Hannah Howell told the Portland Tribune. "While renters all over the state are being displaced and priced out of their homes and neighborhoods, their children are being pulled out of their schools because of the housing crisis, the folks who are responsible for these rent increases and evictions are treating themselves to a really fancy dinner and patting themselves on the back for those impacts that they've caused in people's lives. We came here to draw attention to that."

Photo copyright Multifamily NW from last year's protests at ACE awards.

Do I Have To Pay For Tenant Housing While I Fumigate Apartments?

richard-montgomery

May 23, 2017

An apartment building owner has to fumigate apartments due to termites and wants to know how to handle the issue as well as the tenants. Here are several things to consider say blogger Richard 'Monty' Montgomery.

Reader Question: I need termite fumigation. I own property in located in Florida, where termites are a big part of the pest population. I will be selling the five unit building soon, and four units are rented currently. Two of the four units have leases expiring in July. The property has to be tented to exterminate the little buggers. When they fumigate, the building must be empty.

Do I have to pay for these four tenants who have pets to stay somewhere?

Do I make the reservations for them or do they?

How do I control the costs for it?

Do I have to send them a letter in regards to this?

How does it work?

Monty’s Answer: The answer will assume that your leases do not contain any pest abatement language. Otherwise, your contract documents would provide much of the information you seek. Amending your leases to include a pest abatement clause may improve the property’s marketability. Be certain the lease contains language that conforms with all the state and local building and health laws. Because each state’s laws are different, consulting an attorney practicing in your state is the practical solution to implement the additional lease clause.

According to the website Sciencing.com, the discovery of termites has occurred in every state except Alaska. Termite damage is seldom discovered in the drier, higher latitude states while southern and southwestern states experience significant termite damage.

Because you have no pest clause in your lease, you have to create a plan to fumigate apartments based on timing, legal requirements, tenants’ circumstances, the cost to implement fumigation, and more.

Here things to consider if you have to fumigate apartments:

Coordinate the fumigation when the fewest tenants occupy the building. Vacant units may reduce your costs. As an example, July is right around the corner, are the tenants with their leases expiring, moving out? If they are moving out, and you have a current vacancy, you will only have to deal with two occupied units. You re-rent after fumigating. You need to talk with your tenants to make a plan.

Negotiate a daily room rate allowance. A four-day fumigation duration, a hotel room, plus a daily meal allowance per occupant per day, provides you with a per-person per-day cost. Writing a letter in itself is likely not enough information to prepare a tenant for this event. Perhaps a letter that explains your plan and asking for a time to meet and discuss it, or meeting first and then a follow-up letter to confirm the agreement. How long will your structure be tented? Do they offer a guarantee? Will pets be affected on re-entry? Tenants will be interested in gathering this kind of information.

Ed Smith, of RE/MAX Coastal Properties in Destin, FL, stated, “The prices for fumigation can vary widely. I would suggest that the landlord call two trusted local real estate brokers for recommendations. Based on my experience, the bigger national firms are often the highest prices, yet not always the best. Three quotes from providers are sensible. Hugely important are the warranties. These will vary tremendously!”

Smith also noted that “going from four units to five units can be a factor in some rule changes,” so be confident your advisor understands this difference and researches the law.

It may be possible is to sell the building with the termite infestation, and let the buyer deal with it. Offer the building at fair market value, less the cost of the fumigation, less an incentive to the purchaser for managing the work.

Tenants may also be the cause of termite infestations, so understanding the impact of state law, health codes and housing regulations is such cases. Furniture has been known to house termites, unreported water penetrations, and other sources of termites’ food source, cellulose, can initiate a new colony. Most often, a landlord’s lack of diligence, ignorance of preventive measures or poor maintenance are the cause.

Tenants with health related concerns in some states could resist fumigation with a letter from a physician stating the danger to their patient’s safety. There are a variety of chemicals used in different circumstances to fumigate apartments. Make your tenants aware of the product.

Termites can be discouraged with preventative measures such as rain gutter extensions to move water away from the foundation, construction materials that termites do not eat, decorative stone landscaping and other measures.

Now you have some talking points to help you deal with termites both in your lease document and in your building.

About the Author:

Richard Montgomery gives no-nonsense real estate advice to readers’ most pressing questions through his website Dear Monty. He is a real estate industry veteran who has championed industry reform for over a quarter century. He knows real estate investing, from up-close, get-your-hands-dirty rehab to armchair investing using your self-directed IRA as your funding vehicle. In his nearly half-century in the industry, Monty has bought and sold investment properties, founded a real estate brokerage company using a non-traditional consumer driven model, run his own successful brokerage and is former CEO of Corporate Relocation Services. He is a consultant to businesses and entrepreneurs and also shares his knowledge with inquisitive readers through syndicated newspaper columns. You can ask him your real estate questions at www.DearMonty.com.

Apartment Pet Amenities Draw Millennial Tenants

john-triplett

May 16, 2017

Luxury style pet amenities are a new feature that apartment developers and property management companies are putting in place to draw the increasing number of younger tenants who have pets and want to rent.

By John Triplett

Rental Housing Journal

Apartment developers are creating new spaces both inside buildings and outside to build in more pet-friendly amenities and services for tenants.

In a recent interview, Kristen Gucwa, vice president of national lease-up operations at Richman Signature Properties, talked about some of the top pet amenities in their pet-friendly properties in Florida, Colorado and Texas.

“We have luxury rentals in several states and we do a lot of research when we go into these areas. What we are finding is that a pet is an incredibly important member of the family. So we do need to realize that and make them feel just as welcome as any other member of the family as they are moving in,” Gucwa said.

75 percent of millennials have pets

“We work with BarkBox as one of our partners and they have some research that shows 75% of millennials currently have a pet – just a phenomenal number,” Gucwa said. ”And, most of our renters are millennials and GenXers, so when you are working with them, you look for new ways to pamper their furry friends and put together pet-friendly living spaces.

“Some of the things we do is put pet parks in our properties. You usually do not find great spaces for your pet to run around in downtown areas in apartment complexes.

“We have a project in downtown Tampa called Aurora that has a fantastic pet park so you actually have green space for your dog in a downtown location. Some of our locations have agility courses which are great because they get to run around and have fun.

“We also do social events where they can come out with their pet for our ‘Yappy Hours’ which are always incredibly popular. We will do our pet dress up days where they bring them out for prizes. A lot of our events you can bring your pets to. It is more of a social, inviting aspect that we want to have at our properties,” she said.

Pet spas one of the newest apartment pet amenities

Photos copyright Richman Signature Properties

“One of the newest amenities that we have are our pet spas. They have gotten more and more high-end, and more inclusive of some of the amenities you would find in an outside pet spa that you would pay for – but here it is right downstairs in you building,” Gucwa said.

“These are walk-up tubs, a place to dry – huge spaces that we are dedicating in our buildings to these areas which are incredibly important to our renters.

‘They are huge spaces that fit both large and small dogs, and they do get used quite frequently.”

She said most of their newer project properties now have the pet spas.

Pet amenities and move-in gifts

“We partnered with BarkBox, a popular pet toy and treat service, and our residents can choose it with their move-in gift. We have several different types of move-in gifts too such as the live healthier fitbit move-in gift, or an interior design option with an outside company called Laurel & Wolf. Or they can choose their move-in gift to go to their pet, such as BarkBox.

“BarkBox is a little gift you get each month with different toys and treats delivered to your apartment that are customized to your pet. So each month for the first three months your pet gets that subscription we offer as a gift when you move in.

She said tenants have been very excited about these amenities.

“BarkBox has become one of the more popular move-in gifts.” And “our Yappy Hours” are one of the most well-attended events that we have each month. So it’s a great way for our residents to socialize. It is a little bit easier and less intimidating when you can bring your pet with you.”

She said some of their properties are also involved in monthly pet photo contests. And, all of their properties also do pet DNA testing.

Richman Signature Properties has three properties in South Florida, four properties in the Tampa Bay area, opened the first one in Dallas last year across from White Rock Lake and the newest is in Denver in the LoHi area, she said, and more under construction.

“Our property in St. Petersburg, Florida has an agility park and a place to do the dog wash right there in the park. So they really range between the properties,” she said.

Are competitors matching pet amenities?

Gucwa said they are starting to see some of their competitors starting to do some of the same things with luxury pet amenities.

“One of the things that sets our properties apart is probably the social element. We add to it with our partnerships like the one with BarkBox and the different events we do with them. Or, the Yappy Hours which we are doing which are more on a consistent basis. It is really about the social connectivity and becoming part of the local atmosphere in the community.

“So I think that sets us apart a little bit, but you are seeing a lot more of the local apartment communities becoming much more aware of the fact that they have to adapt to the folks who have pets. And that they are an incredibly important part of their lives.

“Some of the events we have coming up are partnering with groups, like the Humane Society, where we will do pet adoptions and we will waive your pet deposit. That way we can encourage people to adopt as well and give back,” she said.

Some of the move-in gifts offered:

Live Furrier: Residents receive a complimentary three-month subscription to popular pet toy and treat service Barkbox.

Live Prettier: Residents receive complimentary interior design services from designers Laurel & Wolf.

Live Easier: Residents receive a complimentary membership to Shipt.

Live Healthier: Residents receive a complimentary Fitbit and fitness gear.

About the Richman Group:

The Richman Group, a rental property development company and seventh largest owner and operator of residential apartments in the country, has 15 Richman Signature Properties in Florida, Texas and Colorado with more to come in Los Angeles and other locations. These projects range from 240 to 417 residences, depending on their location and market. Some are in urban areas and others in suburban settings, with studios to three-bedrooms ranging from $1,200 to $2,800 per month. What they all have in common is accommodations for pets.

First in Time Lawsuit: Yim et al. v. City of Seattle

By The Editors

May 2, 2017

By Evan L. Loeffler

The First in Time lawsuit continues. The City of Seattle filed an answer to the plaintiffs’ complaint in early April essentially denying all relevant allegations and claiming the matter should not be litigated.

In 2016, the Seattle City Council enacted the “First in Time” ordinance restricting landlord’s tenant-selection process by requiring landlords to rent to the first applicant that satisfies the landlord’s advertised rental criteria. A group of landlords sued the city, arguing that the ordinance improperly violates landlords’ constitutional rights. The complaint argues that the First in Time ordinance improperly affects the rights of landlords by violating the constitutional “takings” clause, the landlords’ right to due process and the landlords’ right to free speech.

The plaintiffs’ first allegation is that the ordinance is an impermissible “taking.” The Washington State Constitution provides that the government may not appropriate the property of a private citizen without just compensation. In other words, the government may not take a citizen’s property without paying for it. This is also a right protected under the U.S. Constitution.

First in time lawsuit curtails rights plantiffs say

The plaintiffs allege that since the right to sell or lease property to a person of the owner’s choosing is a protected property right (the Washington State Supreme Court ruled as such in 2000), and since the First in Time ordinance curtails that right by requiring owners to rent to the first qualified applicant, the City has taken a property right without compensation.

The City filed an answer to the complaint denying that denies this is a taking and therefore no just compensation is required. The City may argue later that, to the extent there may be a taking, it has a right to do so in order to advance a legitimate public purpose whose importance outweighs the individual rights of property owners.

Landlords argue due process rights violated

The plaintiffs’ second argument that the ordinance is unconstitutional states that landlords’ due process rights are violated. The complaint alleges the City Council improperly determined that unfair housing practices are prevalent in Seattle. Members of the City Council were quoted stating the intention of the First in Time ordinance is to curtail unfair housing practices by landlords who may unconsciously make biased decisions when choosing tenants. The housing study relied on, however, concluded that the alleged bias was not a provable fact.

Therefore, the First in Time ordinance is improper and not reasonably necessary as its goal is to police against an implicit bias that has not been proven. Further, the plaintiffs argue that the ordinance is overbroad and unduly burdensome to landlords because the First in Time ordinance would apply even if none of the qualified applicants belong to a protected class.

Landlords’ free speech rights violated they argue in first in time lawsuit

The third charge the plaintiffs make against the ordinance is that landlords’ free speech rights are improperly curtailed. Landlords are already required by the City of Seattle to register with the City in order to be allowed to rent their residential property. In order to keep one’s registration, each landlord must agree to comply with Seattle’s landlord-tenant laws including the First in Time ordinance. The complaint alleges that complying with the ordinance in order to obtain a permit to conduct one’s business impermissibly infringes upon the landlord’s commercial speech rights.

What the landlords are requesting is “declaratory relief,” which means that they want the court to issue an order that says the First in Time ordinance violates the Washington State Constitution. The plaintiffs further request an order prohibiting the City of Seattle from enforcing the legislation.

The City has not responded substantively to the pending action as of this writing. The answer filed with the King County Superior Court states only that the allegations are incorrect and that the controversy is not “justiciable,” meaning that the court does not have the authority to rule on the issues presented. As the case progresses through the system—a process that may take over a year—the plaintiff landlords and the defendant city will better define their arguments. Once the trial court judge makes a decision, the matter may be appealed. The appellate process may take another year.

As with nearly all litigation, the sides have staked out positions that are polar opposites. In their most basic form, the arguments may be characterized as follows:

- The City takes the position that landlords cannot be trusted to not violate fair housing laws, so it is imposing requirements on Landlords to save them from making unconscious decisions that might be discriminatory.

- The landlords opposing the legislation accuse the city lawmakers of enacting laws to stamp out “thoughtcrime,” a term coined in George Orwell’s novel, Nineteen Eighty-Four, where a repressive and overbearing regime criminalized unspoken beliefs and doubts that questioned the ruling party.

The final ruling on this is many months, maybe years, away.

Unless a court makes a preliminary ruling concerning the enforcement of the ordinance—and no such ruling has been requested by the plaintiff as of this writing—landlords must comply with these requirements.

Landlords unsure of how to comply should consult their legal representative for guidance to avoid fines and costly litigation.

See Rental Housing Journal story “Landlords Sue Seattle Over Right To Choose Their Tenants.”

About the author:

Evan L. Loeffler is the principal at the law firm, has practiced law in Washington since 1994 and is the author of multiple landlord-tenant law sections in the Washington Lawyers Practice Manual. He frequently lectures and teaches continuing legal education (CLE) courses on the subject of ethics and landlord-tenant law. Mr. Loeffler relies on extensive litigation experience and knowledge of the law to effectively represent tenants and landlords in Seattle and surrounding counties. He received his law degree from Gonzaga University School of Law in 1994. He is the author of the Real Estate Closing Deskbook, Third Edition, published by the American Bar Association.You can contact him at 206.443.8678.

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