Oct 21


https://www.politico.com/news/2019/10/19/ben-carson-hesperia-california-discrimination-charge-051504

The ordinance also mandated unannounced annual inspections and criminal-background screenings by the sheriff’s department. The county sheriff’s department enforced the ordinance in a way that targeted minorities and evicted some residents who were the victims of crimes, including people who had called the police, HUD alleges.


HT: Tristan Pettit

This is similar to, Magner v. Gallagher a case that went to the SCOTUS. St Paul withdrew under political pressure from the Obama Administration.

Five years ago almost to the day, I shared the comments of Attorney John Shoemaker who represented the property owners in Magner. You can read that here:

Aug 18

The Fall 2019 Apartment Association Landlord Tenant Law Boot Camp is October 26, 2019

Even though I know the law well, we’ve sent our staff. It is good for them to hear the rules from someone else. Plus if they learn one new thing, it more than pays the modest cost.

Wisconsin landlord tenant law has changed dramatically in 2012, 2014, 2016 and 2018 to Wisconsin’s Landlord Tenant Law with Act 143, Act 76, Act 176 and Act 317.

Tristan obviously knows the latest law, but that’s the easy part. He also is one of the most prolific landlord tenant attorneys in Southeastern WI. That gives him great insights into how the courts are ruling today and what the most recent “Gotcha’s” are.

At $189 for members, it is far cheaper than learning from your mistakes. Not only does it help prevent costly errors, you also will learn how to legally screen better, thereby reducing evictions, and other things that will result in profitability.

AASEW Landlord Boot Camp 2019
WHEN: Saturday, October 26, 2019
WHERE: Four Points Sheraton 5311 S. Howell Avenue, Milwaukee, Wisconsin, 53207 (Across from the airport)

Registration opens at 7:10 AM

The seminar runs from 8:30 to 5 PM with a 30 minute break for a complimentary lunch. There will be a one hour question and answer session afterwards, ending promptly at 6 pm. Many will find the Q&A invaluable, therefore you may wish to arrangements to stay until 6 pm.

Updated to include the latest law changes and court rulings!

INCLUDED: 100 plus page manual to help you put what you learn into practice.

More info and sign up at http://LandlordBootCamp2019.com

Jul 01

List of  Wisconsin Landlord Tenant Law changes

 

There have been a lot of questions lately regarding which Wisconsin landlord tenant laws have been changed in recent years. Below is a list of state law changes since 2011.

The Association’s Landlord Tenant Law Boot Camp is a good way to learn how to implement these changes in your rental procedures.    It is a full Saturday of intense information.  Attorney Tristan Pettit, AASEW Board Member and the guy who drafts the standard forms you get at WI Legal Blank is the presenter.  Tristan sat at the table as a lot of this was drafted.

Many of the changes were promoted by the Apartment Association of Southeastern WI, Inc., which I have been a board member of for all but one of the last 30 years.  You should consider membership so that we can continue these good works. 😉  Join at https://AASEW.org

While portrayed by some as anti tenant, it is the good tenants who meet their obligations who ultimately pay for those tenants that don’t pay or are disruptive.

Some changes were just common sense and benefit both owners and tenants.  Previously, you could only give a month to month tenant a 14 Day notice without right to cure for lease violations.  Now you use a 5 Day Breach to clean up their garbage or get rid of that  one hundred pound Pit Bull – Rottweiler that is chasing the mail carrier down the block. If the tenant complies, their rental continues.

Another example was the change to waiver.  For a while the tenant advocate attorneys would raise the issue of waiver if you had waited until, lets say the 15th, to give a five day.  Then you get tired of constant late payments and issue a five day on the fifth. The argument was raised that by waiting until the 15th that you changed the terms of the agreement.  Owners responded by adopting a no leniency policy, giving everyone a five day on the fifth.  Now that this has changed owners have the option of giving tenants extra time before issuing a notice, remembering that notices appear more confrontational that a note reminding them rent is due.


2017 ACT 317

 

2017 Wis. Act 317

https://docs.legis.wisconsin.gov/2017/related/lcactmemo/act317

Summary by Tenant Resource Center


2015 ACT 176

 

2015 Wis. Act. 176

https://docs.legis.wisconsin.gov/2015/related/lcactmemo/act176

Tenant Resource Center Summary of 3/2/16 Changes


2013 ACT 76

 

2013 Wisconsin Act 76

2013 Wisconsin Act 76 Evictions, Towing Practices, and Prohibitions 

Tenant Resource Center Summary of 3/1/2014 Wisconsin Law Changes 


2011 ACT 143

 

2011 Wis. Act 143

2011 Wisconsin Act 143: LC Act Memo

Tenant Resource Center Summary of 3/31/2012 Wisconsin Law Changes


2011 ACT 108

 

2011 Wis. Act 108

2011 Wisconsin Act 108: LC Act Memo


I think this is the full list

 

Jun 17

I had seen this years ago and then forgot about it until I ran into it this morning while searching for something.

A real wealth of info, of course much of it slanted towards tenants rights. Some of it is outdated, such as the eviction notice grid does not contain 5 Day Breach for Month to Month.

We should work to get eviction prevention (very different than eviction defense) as part of this, as well as more tenant responsibility focused pieces.

Eviction prevention is providing the resources and tools necessary for tenants to succeed. When tenants fail, landlords suffer or fail.

http://wilawlibrary.gov/topics/landlord.php

 

Apr 04

From a Fair Housing perspective, you probably must account in some manner for the value of the Section 8 payment when calculating an income multiplier guideline.

I’ve read of the argument made in other jurisdictions that if an owner is using a rent multiplier, that it should be on net rent to the tenant. This is probably not a workable answer for either tenant nor the owner. If the net payment by the tenant is $20 with a three times multiplier, a $60 per month income is not going to cover living expenses like heat and lights. A good discussion of this issue from a while ago is at: Bigger Pockets

In WI you must include the value of child support, food stamps and perhaps* Rent Assistance Vouchers in income calculations. So if the gross rent is $800 and the tenant receives $700 RA, $500 in food stamps, they would need to earn $1200 additional to meet the three times multiplier.

*Wisconsin Lawful Source of Income definition:

Wis Admin Code DWD 220.02(8)  “Lawful source of income” includes, but is not limited to, lawful compensation or lawful remuneration in exchange for goods or services provided; profit from financial investments; any negotiable draft, coupon or voucher representing monetary value such as food stamps; social security; public assistance; unemployment compensation or worker’s compensation payments.

There is a 1995 federal case, Knapp v. Eagle Property Management Corp, that found the value of Section 8 vouchers are not required to be included as income.

But that was nearly 25 years ago. Sentiments have changed over that time. I believe that if Knapp was tried today the court would find against the owner on this question as concepts like disparate impact were not widely argued then. Today we are restricted by HUD in using criminal records in screening because of the disparate impact on members of protected classes.

The plain language reading of the WI code makes not including the voucher value in the rent multiplier calculation open to expensive litigation, which the Knapp court determined that their insurer had no duty to defend.

To form your own opinion on this and other WI fair housing standards, a good starting point is:

STATE OF WISCONSIN Fair Housing Plan Analysis of Impediments to Fair Housing and Actions to Overcome Them Update to the 2015-2019 Consolidated Plan

Jan 13

The Spring 2019 Apartment Association Landlord Tenant Law Boot Camp is February 9th, 2019. (Less than a month away.)

Even though I know the law well, we’ve sent our staff.  It is good for them to hear the rules from someone else.  Plus if they learn one new thing, it more than pays the modest cost.

Tristan knows the latest law, but that’s the easy part.  He also is one of the most prolific landlord tenant attorneys in Southeastern WI.  That gives him great insights into how the courts are ruling today and what the most recent “Gotcha’s” are.

At $179 for members, it is far cheaper than learning from your mistakes.  Not only does it help prevent costly errors, you also will learn how to screen better and other things that will result in profitability.

AASEW Landlord Boot Camp 2019

WHEN: Saturday, February 9, 2019

WHERE: Four Points Sheraton 5311 S. Howell Avenue, Milwaukee, Wisconsin, 53207 (Across from the airport)

Registration opens at 7:10 AM

The seminar runs from 8:30 to 5 PM with a 30 minute break for a complimentary lunch. There will be a one hour question and answer session afterwards, ending promptly at 6 pm. Many will find the Q&A invaluable, therefore you may wish to arrangements to stay until 6 pm.

Updated to include information from Wisconsin ACT 317!

INCLUDED: 100 plus page manual to help you put what you learn into practice.

 

More info and sign up at LandlordBootCamp2019.com

May 22
A lot of PhDs say the same thing we’ve said for years about landlording in general and Section 8 in particular in peer reviewed papers.  Typically we only see those critical of owners, but there are many that accurately explain the dynamics of rental housing.
Here is a excerpt from two.
 
How to attract more landlords to the housing choice voucher program: a case study of landlord outreach efforts –  David P. Varady , Joseph Jaroscak b and Reinout Kleinhans
Our interviews suggest that existing stereotypes of Section 8 (HCVP) landlords as greedy and unconcerned about their tenants are inaccurate. Moreover, our findings provide new support for the classic studies of inner-city landlords cited earlier. Currently, many landlords in the HCVP are themselves experiencing significant financial burdens and risks as they try to deal with the low-income rental market. Tenants exhibiting various forms of problematic behavior, such as drug dealing, substance abuse, and violent crime, exacerbate the problem.
Urban Landlords and the Housing Choice Voucher Program – Prepared for U.S. Department of Housing and Urban Development by The Poverty and Inequality Research Lab Johns Hopkins University Philip Garboden Eva Rosen Meredith Greif Stefanie DeLuca Kathryn Edin
Of small properties with affordable rents (below the regional median), only those without debt service are viable. Only 25 percent of mortgaged properties have positive cash flow (Garboden and Newman, 2012). Taken together, these quantitative analyses and our own findings described in the following suggest that much of the stock is financially precarious, which could theoretically lead to under maintenance, abandonment, and conversion.
June 11th, 2018: The publication is back up on HUD USER at a new address above
Note: this publication has been removed from HUD USER.  I reached out to the authors who said it will be reposted soon, that the removal was to improve the formatting
Jan 20

From Reuters:

Effective March 1, Delta, the second largest U.S. airline by passenger traffic, said it will require passengers seeking to fly with pets to present additional documents outlining the passenger’s need for the animal and proof of its training and vaccinations, 48 hours prior to the flight.

People love their animals. What they often do not comprehend is the impact an animal can have on others.

My wife has severe animal allergies. The allergies are so bad she went anaphylactic on a flight over the Atlantic due to an undeclared purse dog when we were coming back from teaching in Jamaica. When an emergency inhaler did not do the trick, we used her Epipen and the flight crew gave her oxygen.

I thought she would die. Anaphylaxis is terrible it’s like a fish out of water, struggling to breath. It was the absolute scariest couple of hours of my life.

Similarly, she cannot go into a house or a hotel room if there has been a dog in the place, without similar reactions. And animal allergies are not as uncommon as some believe.

Once every rental has to be pet friendly, where do the people with life threatening allergies live?  One would hope that Fair Housing laws give more weight to issues that can cause death.

 

Sep 27

Attorney Tristan Pettit, you know, the guy that writes the standard legal forms for Wisconsin Legal Blank, is doing his landlord-tenant Boot Camp again on Saturday, October 7th. There are still a few seats left.

You get a full day of landlord-tenant law training for the price you’ll spend for 30 minutes of attorney time after you make a mistake in this complex area of law,

All the details are at:
http://www.landlordbootcamp2017.com

But the proof of value is I send my staff to Tristan’s Boot Camps.  Even though I know the laws, it is of great value to have staff learn what they need to be concerned about in a different setting than the office.

Feb 09

For the past couple of years, we have sold out both the spring and fall sessions of Attorney Tristan Pettit’s AASEW Landlord Tenant Law Boot Camp.

It looks like we are on track to do the same for the upcoming February 18th, 2017 Boot Camp.

Last fall I waited too long to sign up my new staff members and could not get them in. I signed up three staff people very early for this one. 😉

You may ask ‘Why would Tim pay $537 plus wages to send three people to Boot Camp when he knows the laws so well?’

The answer is easy: One small mistake or missed opportunity will cost us far more than this. It is important that my folks know the law as WI landlord Tenant Law is not always what a reasonable person would assume it to be. And this is ever evolving, with both new laws, new interpretations by courts and new tricks by tenant advocates*. This is not the first time we’ve sent staff either.

This course is presented by Attorney Tristan Pettit. Tristan’s law practice focuses on landlord-tenant law, he is a current board member of the Apartment Association as well as former president, and drumroll please, he writes all the standard landlord tenant forms for Wisconsin Legal Blank.

If you want to go, now that my seats are secure ;-), you can sign up online or call Joy at the Association 414-276-7378 and reserve a spot.

http://www.landlordbootcamp2017.com

* Most “tenant advocates” only advocate for tenants that break the rules. This ultimately costs the rest of the good tenants more in increased rents and decreased service or more noise and disruption… but this is another story for another day.

preload preload preload