Jul 31

https://www.hud.gov/program_offices/healthy_homes/smokefree

This rule is helpful for private owners who wish to ban smoking, as well as offering a marketing opportunity, I guess, for owners that permit smoking.

I agree with HUD on this, the advantages of smoke-free housing outweigh any market advantage of allowing smoking.

https://archives.hud.gov/news/2016/pr16-184.cfm

HUD’s smoke-free rule will reduce damage and maintenance costs associated with smoking. According to the Centers for Disease Control and Prevention (CDC), HUD’s national smoke-free policy will save public housing agencies $153 million every year in repairs and preventable fires, including $94 million in secondhand smoke-related health care, $43 million in renovation of smoking-permitted units, and $16 million in smoking-related fire losses. It is estimated that smoking causes more than 100,000 fires each year nationwide, resulting in more than 500 deaths and nearly a half a billion dollars in direct property damage.

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
Mar 11

Follow up to the Milwaukee County Proposal on making Rent Assist a protected housing class.  with a hearing is Monday March 12th, 9:00 AM at the Milwaukee County Courthouse building, Room 201B,  901 North 9th Street,  Milwaukee, WI 53233

My company accepts,  and likes the Rent Assist program.  We also have not found the inspections particularly cumbersome.  In our market we see Rent Assist as a benefit to both owner and tenant.

Yet, I oppose the bill.

  1. Mainly because it attempts to hide the fact that the true reason that people do not get Rent Assist is that Milwaukee County does not provide as many vouchers as there are folks eligible to receive vouchers.If Ms Dimitrijevic wanted to help tenants in need of Rent Assist she would look at her own branch of government and say ’We need to increase the available vouchers.’  If that was her proposal the Association and I would fully support her, as would most tenant advocates.Instead she tries scapegoating owners, making it look like discrimination against voucher holders is the problem.
    Ask Ms Dimitrijevic if there are more applicants than vouchers and how many months or years the Rent Assist waiting list is.The other reasons I oppose this are:
  2. Rent Assist does not allow for month to month occupancies.  Owners are more likely to take a chance on a questionable applicant if they can use a month to month and terminate tenancies that are not working as expected.  If you are a tenant, I’m sure you do not want to live in an apartment next door to a disruptive neighbor and when you complain the owner tells you that this person that is making your apartment less enjoyable has to stay for 11 more months due to a year lease.
  3. Another issue is that per the RA contract an owner must serve both the tenant and the RA agency with notices of default, such as non payment.  This creates an additional opportunity for an eviction for good cause to have problems.
  4. Finally, an owner may have to wait for the first payment.  While not a concern to our company, this is a big problem for mom and pop owners who are often under capitalized.

What the bill actually does.

Supervisor Marina Dimitrijevic, the bill’s author,  states on FaceBook:  “This change to the ordinance does not mandate acceptance of certain sources of income rather it makes it illegal to discriminate against tenants based on source of income.”  The bill is worded consistent with her statement.

Currently.

Prospective tenant:  ‘Hi, I have a Rent Assist voucher.  Will you accept my app?

Landlord:  ’Sorry.  We do not do Rent Assist.’

Prospective tenant:  ‘Okay,  There are thousands of other owners that love the program and I am one of a few tenants who are eligible.’ and under her breath says ‘What a donkey’

Result: The tenant does not waste time and possibly money apply for a unit they will not receive.  Everyone understands upfront.  And the owner who does not accept the Rent Assist voucher holder loses a  great tenant, and the accompanying revenue,  that we end up with. 😉

Image what a terrible experience this will be for the tenant under the new law if they apply with an owner that will not accept Rent Assist vouchers.

Prospective tenant:  ‘Hi, I have a Rent Assist voucher.  Will you accept my app?

Landlord:  ‘Of course you can apply. I follow all laws.’

Prospective tenant: ‘Was my app approved?

Landlord:  ‘Why yes.  You met all my requirements and seem like a wonderful tenant!’

Prospective tenant: ‘Great!  Here is the Rent Assist app you must sign.’

Landlord:  ‘Sorry.  I do not accept Rent Assist, but I did accept you.’  and legally the owner could say ‘By the way, because you are accepted I expect you to take the place or forfeit the earnest money’

Prospective tenant: ‘WTF! This is an outrage.

Landlord:  ‘Sorry. This is the unintended consequences of  Ms, Dimitrijevic’s law.’

Result:   Confusion, a terrible experience  and possible negative financial consequences.

Instead of this bill, a true tenant advocate would require that owners disclose in advance of taking an app if they will accept Rent Assist or other programs.  That is what is fair and equitable, not some non discrimination code that will harm and confuse tenants.

Mar 07

Note: While Affordable accepts Rent Assist, I personally am opposed to mandating its acceptance.  Proposals like this reenforces the falsehood  that people who need Rent Assistance and not receiving it due to landlords not accepting the program.  This would make one believe that hundreds of eligible families are suffering  because no one would accept their voucher.  The truth is the waiting list is due to the County not providing enough vouchers to meet the demand.

This is more of the anti landlord posturing used by politicians to shift the blame for government actions and inaction onto our industry and make us look like the cause.

Here’s a legislative alert from AASEW Attorney Heiner Giese:

Here’s a big alert:

Milw Co. Supervisor Marina Dimitrijevic is proposing an ordinance to REQUIRE all landlords to accept Section 8 housing vouchers or any other kind of voucher for rental assistance. This would mean landlords would have to get a property registered under a section 8 program and submit their property for inspections. It would also require you to use one year leases — you could not rent month to month anymore because the Section 8 program mandates one year leases.

Further, it is so loosely drafted that a landlord could not evict a tenant who is behind on the rent if they get an Emergency Assistance check.

This may be coming up for a hearing before the County Economic Development Committee next Monday, March 12, starting at 9:00 AM.

We need people to appear and speak against this. Also, contact your County Supervisor..

The Milwaukee County Board of Supervisors does ordain as follows: 
 
Section 1. Chapter 107 of the Milwaukee County Code of General Ordinances is hereby amended as follows:
 
107.01. – Intent.
 
It is the intent of this chapter to render unlawful discrimination in housing and to enact this chapter pursuant to the authority granted to counties by s. 66.432(2) 66.1011, Wis. Stats. It is the declared policy of the county that all persons shall have an equal opportunity for housing regardless of sex, race, color, disability, religion, creed, national origin or ancestry, marital status of a person maintaining a household, lawful source of income, receipt of rental or housing assistance, age, sexual orientation, as defined in s. 111.32(13m), Wis. Stats., status as a victim of domestic abuse, sexual assault, or stalking, gender identity and gender expression, or status in a domestic partnership.
 
 
107.02. – Definitions.
 
(9) “Receipt of rental or housing assistance” means the receipt of any form of financial
contribution from a third party for the purposes of creating or keeping affordable housing for tenants, purchasers, or other potential housing recipients, including but not limited to, assistance provided pursuant to Title 42, United States Code, section 1437f (commonly known as the “Section 8” housing program), the HOME Partnership Program, the Community Development Block Grant program, or any other public or private rental assistance vouchers or programs.
 
 
Section 2.
The provisions of this Ordinance shall become effective upon passage and publication.

Atty Heiner Giese
1230  N. Prospect Ave.
Milwaukee, WI. 53202-3014
Tel. 414-276-7988 Fax: 414-276-8342

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.


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