Apr 30

 

Bloomberg reports on a case in CA where  Deutsche Bank is being sued for evicting the tenant of a foreclosure in violation of the federal Protecting Tenants at Foreclosure Act of 2009

Rothschild, legal director at the Western Center on Law and Poverty, said the January ruling established that tenants can take owners who acquire properties through foreclosure to state court for violating protections Congress afforded renters under the 2009 Protecting Tenants Against Foreclosure Act. The law doesn’t give renters the right to sue in federal court.

An attorney for the United Trustees Association states:

The overly broad decision may lead to a proliferation in lawsuits for breach of the lease imposed upon purchasers at a foreclosure sale. With no prior knowledge, a purchaser at a foreclosure sale now may be burdened with a lease with unlimited combinations of potential contractual obligations ranging from unilateral renewal rights to mandatory substantial improvements to the property.

All of this could make buying an occupied or recently vacated unit a dicey situation.

Apr 30

Perhaps not, especially  if your tenant is on a HUD lease such as Section 8.

In an April 11th, 2014 opinion a NY Appellate Court ruled  against the landlord in the eviction case, finding that an arrest for possession

“was insufficient to meet its burden of showing that tenant engaged in “drug related criminal activity,” a term defined under governing federal regulations as “the illegal manufacture, sale, distribution, or use of a drug, or possession of a drug with intent to manufacture, sell, distribute or use the drug” (24 CFR 5.100).”

It is difficult to believe, but the court did not view the tenant’s possession to be an intent to at least use the drugs.

Apr 29

Vox Explains that Donald Sterling was accused of housing discrimination as well as all that NBA stuff, with the reported parts of fines and settlements in the millions.  One described as “one of  the largest ever discriminatory housing case.”  If you had doubts on the authenticity of the claims, this story seems to put an end to them.

Housing discrimination

In 2004, Sterling was sued by the Los Angeles Housing Rights Center for discriminatory rental practices. After buying the Ardmore Apartments complex, he attempted to force out minority tenants by refusing to do repairs and refusing rent checks, then accusing them of nonpayment. When told that a 66-year-old, legally blind, partially paralyzed tenant named Kandynce Jones wanted to be reimbursed for the damage to her flooded apartment, he reportedly said, “Just evict the bitch.”

The case brought by the Housing Rights Center was eventually settled for an undisclosed sum. The plaintiffs were reimbursed $4.9 million for their legal fees, and the judge described the total judgement as one of the largest ever in a discriminatory housing case.

In 2006, Sterling was sued by the Department of Justice after he allegedly refused to rent to Mexican-Americans and African-Americans in his apartment complexes, reportedly saying that “Black tenants smell and attract vermin.” Sterling paid $2.73 million to settle the suit.

Apr 28

This is regarding possible expansion of the lead paint renovator rules to public and commercial buildings.

From the EPA press release (link)

EPA seeks self-nominations directly from the small businesses, small governments and small organizations that may be subject to the rule requirements to facilitate the selection of SERs. An entity is eligible to be a SER if it will be directly subject to the particular proposed regulation under development and meets one of the SBA’s definitions http://www.sba.gov/content/table-small-business-size-standards

to qualify as a small entity.

EPA encourages the actual owners or operators of small businesses, community officials, and representatives of non-profit organizations to participate in this process. However, a person from a trade association that exclusively or primarily represents potentially regulated small entities may also serve as a SER.

Self-nominations may be submitted through the link below and must be received by May 9, 2014.

To nominate yourself, visit: How can I get Involved: http://www.epa.gov/rfa/lead-pncb.html

Apr 19

 

My wife provides training for professional event decorators, and those who wish to become one through her business, the Event Decorating Academy.  Most of the classes are held at a facility in Hollywood, FL.  However occasionally she does seminars elsewhere. I generally go along on the road trips to lift heavy things.

Earlier this month she held a week long session in Ocho Rios, Jamaica.  We had quite a few students from Jamaica and nearby islands such as Haiti as it is hard for them to get visas to come to the US. ‘

Typically the first stop when doing a tour date is at the local Home Depot or Lowes to pick up pipes, conduit and assorted fittings used to make the frame work for fabric and balloon decor.  There are no Home Depots in Jamaica, but there is a large chain of True Value Building Centres – so we were set.

We were in for quite a culture shock at the local Jamaican building material supply store.

Jamaica_True_Value

 

12 pieces of PVC pipe and two fittings cost us $7,748.91.  Fortunately those were Jamaican dollars which equal $71 USD.  Our driver mentioned this was the first time in his career he was asked to take an American to a building supply store.

Jamaican_HammerFriendly people, but clearly they do not have an equivalency of  OSHA, or traffic cops for that matter as there was a lot of chaos both at the building center and on the roads.

We got back to the upscale resort where the seminar was being held and realized that our staff forgot to pack a hammer.  We asked the hotel if we could borrow one.  “No problem mon” said the head of maintenance as he handed us his hammer. Upon further inquiry this was the best they had.

Moral of the story is we do not realize how good we have it in the States until we venture outside to do something other than a tourist trip.  Boy, I missed Home Depot that week.

Apr 18

A reader of ApartmentAssoc Yahoo Group asks:

A tenant killed himself in an apartment in March. He paid March rent. Is under lease. His mother wants his sec. dep. back. Am I legally obligated to give her the sec. dep? I couldn’t get a new tenant in time for April.

Always look first to the statutes:

§704.165 (1) 

(a) Except as provided in par. (b), if a residential tenant dies, his or her tenancy is terminated on the earlier of the following:

1. Sixty days after the landlord receives notice, is advised, or otherwise becomes aware of the tenant’s death.

2. The expiration of the term of the rental agreement.

(b) Notwithstanding s. 704.19, in the case of the death of a residential periodic tenant or tenant at will, the tenancy is terminated 60 days after the landlord receives notice, is advised, or otherwise becomes aware of the tenant’s death.

(2) The deceased tenant or his or her estate is not liable for any rent after the termination of his or her tenancy. Any liability of the deceased tenant or his or her estate for rent under this subsection is subject to the landlord’s duty to mitigate damages as provided in s. 704.29 (2).

(3) Nothing in this section relieves another adult tenant of the deceased tenant’s premises from any obligation under a rental agreement or any other liability to the landlord.

(4) A landlord under this section may not contact or communicate with a member of the deceased tenant’s family for the purpose of obtaining from the family member rent for which the family member has no liability.

Apr 12

A reader of the ApartmentAssoc Yahoo Group asks:

Has anyone ever had tenants sign a waiver that would prohibit them from suing a landlord in case of a fall?

In the process of creating such a provision you could make your entire lease unenforceable.  Below is the language from Chapter 704 of the Wisconsin Statues.  ATCP 134 contains similar prohibitions.

§704.44  Residential rental agreement that contains certain provisions is void. Notwithstanding s. 704.02, a residential rental agreement is void and unenforceable if it does any of the following:

(7) Imposes liability on a tenant for any of the following:

(a) Personal injury arising from causes clearly beyond the tenant’s control.

Of course you can point out they are liable for failing to do maintenance they agree to under a lease, such as shoveling walks and keeping the yard free of clutter, as long as the wording in your lease cannot be read in a manner that violates the above statute.

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