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THE APARTMENT NEWS Apartment Association Of Northwestern Pennsylvania, Inc. 1127 W. 38th St. Erie, PA 16508 · (814)866-7414 · Open Mon-Fri 9:30a.m. to 5:00 p.m. Fax Number (814)866-2732 · E-Mail Address: [email protected] Website: WWW.APTASSOC.COM June 2013 WE’RE 1,600 STRONG, REPRESENTING 14,800 RENTAL UNITS Inside The Newsletter Page 2…..Important Information For Our Members Page 3…..The Tortoise and the Hare in Real Estate Investing Page 6-7….Attributes of a Good Property Manager Page 8……..New Members Page 9…..Fair Housing: A Slip of the Tongue Can Cost You Page 10…… Rental Inspection Violations Page 11… Question & Answers Page 12…..A Message from the Office Page 14…...For Sale By Owner Page 15……. Eviction Schedule, Clauses, Procedures & Notices PRESIDENT’S MESSAGE By Joel Miller Two big changes for members obtaining credit reports through the Association… The first change is that beginning June 1st, all credit reports will cost $10 per person. We will no longer offer a reduced rate for a joint (married couple) credit report. This is because we no longer receive a special ‘joint fee’ from TransUnion. The next change is that all members who wish to run credit reports will be required to be credentialed through the Association. This credentialing will be a one-time procedure that must be completed before the office will be permitted to run credit reports on your prospective tenants. It will not have to be repeated unless you move your place of business because it involves qualifying not only the member but also the office in which you process and keep your applications. This is being required of us by TransUnion (our credit information provider) in order to be in compliance with the Fair Credit Act in an attempt to cut down on identity theft. The credentialing process: (1) Either print the End User Application and Disclosures from the members’ section of our website or pick up the packet at the Association office (we will not be mailing them out). (2) Return the completed application and documentation to the Association office along with a $60 processing/inspection fee. We must have the original signed application, so faxing or emailing will not be acceptable. (3) Make sure your office meets the requirements outlined in the application. You will need a paper shredder, a lockable doorknob on the room you use for an office, and a lockable file cabinet. (4) Wait for a call from the site inspector to schedule a visit to your office. The inspection should take less than 15 minutes, and will involve a uniform checklist that the inspector goes through to verify certain things. The check list will be part of the application. (5) Wait for notification from the Association office that the inspector has turned in the report and that you are clear to run credit reports. If there are issues from the inspection, the office will call you to discuss these matters. In the meantime, since so many of these are being processed at one time, you may still run reports as long as you have submitted your application and supporting documentation before your inspection. UPCOMING MEETINGS Dinner Meetings Resume in September Christmas Party December 10th The office will be closed Thursday July 4 and Monday September 2

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Page 1: Apartment Association Of Northwestern Pennsylvania, Inc. · Apartment Association Of Northwestern Pennsylvania, Inc. 1127 W. 38th St. Erie, PA 16508 · (814)866 ... The tortoise remained

THE

APARTMENT NEWS

Apartment Association Of Northwestern Pennsylvania, Inc.

1127 W. 38th St. Erie, PA 16508 · (814)866-7414 · Open Mon-Fri 9:30a.m. to 5:00 p.m. Fax Number (814)866-2732 · E-Mail Address: [email protected] Website: WWW.APTASSOC.COM

June 2013 WE’RE 1,600 STRONG, REPRESENTING 14,800 RENTAL UNITS

Inside The Newsletter

Page 2…..Important Information

For Our Members

Page 3…..The Tortoise and the

Hare in Real Estate Investing

Page 6-7….Attributes of a Good

Property Manager

Page 8……..New Members

Page 9…..Fair Housing: A Slip of

the Tongue Can Cost You

Page 10…… Rental Inspection

Violations

Page 11… Question & Answers

Page 12…..A Message from the

Office

Page 14…...For Sale By Owner

Page 15……. Eviction Schedule,

Clauses, Procedures & Notices

PRESIDENT’S MESSAGE

By Joel Miller

Two big changes for members obtaining

credit reports through the Association…

The first change is that beginning June 1st, all credit reports will cost $10 per

person. We will no longer offer a reduced rate for a joint (married couple) credit

report. This is because we no longer receive a special ‘joint fee’ from TransUnion.

The next change is that all members who wish to run credit reports will be required

to be credentialed through the Association. This credentialing will be a one-time

procedure that must be completed before the office will be permitted to run credit

reports on your prospective tenants. It will not have to be repeated unless you move

your place of business because it involves qualifying not only the member but also

the office in which you process and keep your applications. This is being required of

us by TransUnion (our credit information provider) in order to be in compliance

with the Fair Credit Act in an attempt to cut down on identity theft.

The credentialing process:

(1) Either print the End User Application and Disclosures from the members’

section of our website or pick up the packet at the Association office (we will not be

mailing them out).

(2) Return the completed application and documentation to the Association office

along with a $60 processing/inspection fee. We must have the original signed

application, so faxing or emailing will not be acceptable.

(3) Make sure your office meets the requirements outlined in the application. You

will need a paper shredder, a lockable doorknob on the room you use for an office,

and a lockable file cabinet.

(4) Wait for a call from the site inspector to schedule a visit to your office. The

inspection should take less than 15 minutes, and will involve a uniform checklist

that the inspector goes through to verify certain things. The check list will be part

of the application.

(5) Wait for notification from the Association office that the inspector has turned in

the report and that you are clear to run credit reports. If there are issues from the

inspection, the office will call you to discuss these matters.

In the meantime, since so many of these are being processed at one time, you may

still run reports as long as you have submitted your application and supporting

documentation before your inspection.

UPCOMING

MEETINGS

Dinner Meetings

Resume in

September

Christmas Party December 10th

The office will

be closed

Thursday July 4 and

Monday September 2

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Page 2

NEW CREDIT REPORT REQUIREMENTS FOR MEMBERS

We were recently notified by TransUnion that in order to continue to provide credit reports to our members

we will be required to verify and document the credentials of our members. This means that each member

will fill out an application, provide supporting documentation, pay a one time fee and have an on-site

inspection at their place of business (or their home office if they manage their rentals from home).

The application packet to comply with these new requirements is ready to distribute. You can download

one from the website or pick one up at the Association office. Our members should be aware that, to

continue obtaining credit reports from the Association, you will be required to complete this process.

The following is required by all members who run credit reports to screen their prospective tenants:

IMPORTANT INFORMATION

Credentialing Checklist

Complete and sign application and service agreement. Provide all supporting documentation as required in the application

Proof of Business—documents proving that the applicant owns rental property or operates a licensed rental management business

Banking Reference—copy of VOIDED bank check or bank statement in the applicant’s name

Photo ID—2 legible copies of valid driver’s license, state photo ID or passport of the primary account holder and of each person authorized to obtain credit reports on their behalf

Three (3) Rental Documents (residential leases and/or rental applications)

Letter of Intent (a sample letter will be in application packet)

Site Inspection

Sole Proprietor or Partners personal credit report(s) verified along with a secondary fraud risk evaluation.

End User's web site verification (if applicable)

Business license verification (if applicable)

For businesses opened for one year or less, two of the following items are required:

Copy of utility or phone bill in the business name for service at the End User's principal place of business

Proof the End User owns or leases their principal place of business (copy of deed or lease)

Copy of business bank statement addressed to End User's principal place of business

Proof of commercial insurance

TO OUR NEWLY APPOINTED BOARD

MEMBERS

Dorothy Butala &

Daniel Omniewski

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Page 3

The Tortoise and the Hare in

Real Estate Investing By Bradley S. Dornish, Esquire

In over twenty years of working with real estate investors, and being personally involved in real estate investing for even

longer, I have had the opportunity to weigh the advantages and disadvantages of different types of real estate investing. That

review has led me to the almost perfect analogy to the old fable of the Tortoise and the Hare.

For those too young to remember the old fables, the hare challenged the tortoise to a race believing it was a sure thing the hare

would win. The hare sprinted from the gate at great speed, recognized that he was immediately far ahead of the tortoise, who

carried his home on his back as he steadily advanced on the race course. The hare became comfortable with the size of the lead

and stopped to pursue other interests. The tortoise remained on track steadily moving towards his objective. In the end, the

tortoise crossed the finish line first, much to the surprise of the hare.

I see the almost perfect analogy to real estate investors who focus on flipping or quick turn properties as the hares, and

investors who focus on long term holding of rental property as the tortoises. Flipping properties requires a burst of energy and

commitment at the beginning and, indeed, for each project thereafter, and returns in a relatively short period of time between

the purchase and the sale, a profit, directly measuring the success of the investment.

In contrast, while buying and renovating long term investment properties requires a similar upfront commitment and energy,

the reward for that activity is not quickly realized. The long term investor does not realize the entire value of the improved real

estate by cashing out quickly after the improvements are made. Rather, the investor retains the asset and simply gets a return

on the value of that asset, much of which is diverted to paying down the investor’s mortgage on the property. The investor’s

monthly increase in available cash is only a small fraction of the cash realized by the flipping, wholesaling or quick turn real

estate investor.

However, the long term investor realizes a large number of benefits from his or her investment activities over the entire time

he or she holds the property. First, there is of course the increase in cash flow from the rent received from the property.

Second, there is the increase in net worth which accrues each month in the amount of the principal paid down on the financing

of the property. Third, there is any appreciation of the value of the property during the period in which the property is held

by the investor. Fourth, there is the availability of depreciation to offset and defer tax liability on other income of the investor.

Fifth, there is the increase in cash flow which comes from the increase in the rental value of the property, roughly keeping up

with inflation. Of course, once the mortgage is paid off, there is a dramatic increase in cash flow and value which I call the

“retirement plan effect” of long term holdings.

For younger investors, this can be accomplished even with financing extending over twenty years or more. For older investors,

a shorter mortgage term is required to reach more quickly the dramatic increase in value and cash flow. Often, current cash

flow can be sacrificed to shorten the mortgage term and increase retirement age cash flow.

Finally, with the mortgage paid off the property is an asset which appreciates roughly to keep pace with inflation and provides

a ready source of capital through refinancing or sale to cover more substantial financial needs later in life. Upon the investor’s

demise, the remaining equity value in his or her properties becomes available to heirs as part of the investor’s estate.

Substantial assets can obviate the need for life insurance to pay obligations and can provide a supplemental retirement income

for a spouse or can be available to cover the cost of long term health care. Unless our tax structure changes, a long term capital

gain, including the recapture of any depreciation, can be realized on the sale of the investment property, subject to

advantageous capital gains tax rates rather than the highest marginal tax rate of the investor. Further, if depreciated property

is passed to heirs in the real estate investor’s estate plan, the heirs receive a step up in basis to the date-of-death value of the

property, and do not pay capital gain tax based upon the depreciated basis held by the deceased.

As you can see, none of the myriad of benefits which accrue to the long term real estate investor are available to the flipping,

quick turn or wholesaling real estate investor. Flipping properties is a “sexier” investment with a quicker return, but the value

of that investment is simply limited to a one-time return.

As I write this article, I have in mind two ACRE members who have been real estate investors for over twenty-five years. One has remained an active flipping and wholesaling investor, quit his “day job” years ago and has enjoyed a life style which he

has been able to achieve from those transactions. His income has ebbed and flowed in direct relation to the ease of credit

available to his back end buyers, and over the years he has shifted from doing most of the construction work himself on his

flips to hiring others and supervising their work as age has limited his physical stamina. Continued on page 5

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Page 4

EFFECTIVE JUNE 1, 2013

CREDIT REPORTS

WILL COST

$10 PER PERSON JOINT REPORTS ARE NO LONGER AVAILABLE

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Page 5

Coldwell Banker Select, Realtors Commercial Division 814-833-3331

448 Erie Street—18 total units, 16 residential and 2 commercial spaces. Overlooks

Edinboro Lake. Great CAP rate. 30963. $525,000.

Bill Bucceri, CCIM,SIOR, 882-6781

615 Walnut Street - 3 unit. Remodeled with new roof, electric

panel, windows, etc. Well maintained and close to Gannon.

28099.$119,000. Todd Sesler, 440-4002

819 Cherry Street—Well maintained 2 unit. Attached garage and parking pad.

Updated electric and windows. 31066. $89,900. Nancy Placidi, 882-1303

950 Brown Avenue — 3,584 SF, Fully occupied 4 unit. Good rental history, shared

driveway. 24683. $59,900. Tom NeCastro, 881-1186.

633-635 West 8th Street—1,568 SF. Fully occupied 2 unit. Low maintenance brick

exterior. Separate water, gas, and electric meters. Includes 2 stoves and refrigerators.

32516. $69,000. Bill Bucceri, CCIM, SIOR, 882-6781

This publication is designed to provide informative material of interest to its readers. It is distributed with the

understanding that it does not constitute legal, accounting, or other professional advice. Although the published material is

intended to be accurate, neither we nor any other party will assume liability for loss or damage as a result of reliance on

this material. Appropriate legal or accounting advice or other expert assistance should be sought from a competent

professional.

SOLD

Continued from page 3

The other investor used front end flips, lived in properties during renovation to cut costs, and borrowed money from

a wide range of sources to begin to grow a long term portfolio of real estate. That investor lived a tight financial

existence for the early years of his career, but became more and more financially secure and comfortable as time

went by. His many rental units paid for themselves, he built his equity, and for years now, he has enjoyed the

financial benefits of a long term investing strategy. He has a large number of possessions including Florida real

estate, high end vehicles and jewelry and pays other people well to maintain and manage his various investment

properties, while he himself works fewer hours and significantly less physically than the first investor. The second

investor’s most pressing problems are minimizing his income taxes and maximizing the benefit of his estate plan,

while providing for several generations of his family a comfortable living.

The second investor doesn’t have to worry about where he will find his next good deal on a

flip, or about who will be available to do the renovations or to buy the property when it is

fully renovated. He doesn’t have to worry about carrying life insurance or long term care

insurance because his assets are more than sufficient to cover those concerns and still

provide a comfortable inheritance for his family.

To return to the fable of the Tortoise and the Hare, I believe the second investor, the tortoise,

has already won the race. Don’t you agree?

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Page 6

ATTRIBUTES OF A GOOD

PROPERTY MANAGER www.synergyprofessionals.com

Property Management is a career profession. The industry

allows for employment growth, continual learning

experiences, and the opportunity to work with diverse

people and income groups. The Property Manager can

work either directly for an owner of real estate properties,

or for a property management company, contracted by an

owner or legal entity to care for the real estate over a

specific period of time.

The Property Manager has a fiduciary relationship with the

management company and property owner. A fiduciary

relationship is one that is based on a mutual trust and

complete confidence in one another.

The Property Manager is provided an owner’s real estate

portfolio to manage to its “highest and best use” in

exchange for an employment contract or salary. Real estate

assignments for the property manager includes apartment

buildings, condominiums, hotels, storage facilities,

shopping centers, office buildings, government subsidized

properties, rooming houses, abandoned buildings and plots

of vacant land, to name a few.

I have managed almost all of the above types of properties

for over twenty years. I have managed public and private

housing, for non-profit organizations, for the federal

government, and for private developers and real estate

investors. I also owned my own property management

company for eight years. I now teach, speak, and write

about property management standards and techniques.

Here are some crucial skills, which I know from first hand

experience, must be accepted as required attributes and

learned skills in order to be a good property manager.

1. Must Know and Stay Current on Local

Ordinances, Federal and State Laws

Managers are required to perform their work according to

the laws of the land. The government (city, state, and

federal) dictates how real estate is to be managed, from

requiring a real estate license (depending on the state), to

the use of the real estate (such as rent control laws). From

proper trash removal to how and where we must keep

security deposits, the manager has to keep abreast of the

many legal requirements of managing real estate. If a

mistake is made or a task is forgotten, it could cost the

owner his or her property, and/or a management

company’s reputation, loss of the account, or even the loss

of real estate licenses.

2. Must Be Highly Ethical and Honest

Property Managers work on the Honor Code when they

handle other people’s money. By collecting rent, security

deposits, laundry machine money et al, the property

manager holds a fiduciary relationship with the property

owner and/or management company. The owner entrusts

the property with thousands of dollars each month, plus the

value of the real estate itself. The manager is hired to

perform at his or her highest level of integrity. On a daily

basis, the property manager’s good judgment and sense of

what is right and wrong is called into play.

3. Must be Detail Oriented and Organized

Managers collect the rent daily, and must ensure that each

rent is paid and posted to the tenants’ account as received.

Financial records detailing each and every rent transaction

are kept, either by rent cards, or on the computer. Lease

expirations and renewals, rent increase letters, and rent

invoices must be mailed on time. Deadlines for court

appearances must be kept, and clients must receive their

written monthly report of operations. A skilled property

manager is able to multi-task, keep site files organized, and

prioritize repairs and assignments.

4. Must Have Good Communication Skills

Managers must be able to communicate with people from

all walks of life, cultures, ethnicities, and personalities.

Managers must be able to articulate their cases in front of

judges, talk to the owner, negotiate with vendors as well as

speak appropriately with tenants, who are often frustrated,

upset, or angry. A good manager must be able to stay calm,

and communicate in a professional manner. Familiarity

speaking in other languages is always a plus.

5. Must have Good Computer Skills

Computer competency is a technical skill, like driving,

typing, etc. The use of email, mail merge, and faxing

through the computer is at the heart of property

management today. This is especially true if the property is

on one part of the city or state, and the home office is a

distance away from the site. If a manager does not have a

solid command of the computer and its basic programs,

such as Microsoft Word and the spreadsheet Excel, you

may be hard pressed to find an administrative position in

this field.

6. Should Enjoy Working with the Public

If everyone paid the rent on time by the fifth day of each

month, the manager would not have rent collection work to

do. If a property never had problems, such as toilet

overflows, lost keys, or defective smoke detectors, a prop-

erty manager would have little to do. Therefore, it is

important that a manager enjoy dealing with people with

problems. A manager should at least like helping tenants

with dignity, and in a responsible manager. If you do not

like being interrupted several times a day with a

dilemma to solve, this type of job may not be for you.

Continued from page 6

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Page 7

2013 AWARDS PROGRAM

Enter the AANP Awards Program which recognizes the efforts of our

members to improve their property. Take pictures BEFORE you begin your

project and after your job is complete. Submit the pictures along with

your Award Program Application before October 31, 2013. Official Rules

and application form are available on our web site, in your March 2013

newsletter or at the Apartment Association office.

An association is only as good as its members’ desire. If the members desire an involved association, then the members must get involved. Don’t sit back and let someone else do the job.

It is a proven fact that when “everyone” waits for “someone else” to do the job, “nobody” gets it done.

Continued from page 6

7. Must Be Patient and Have a Sense of Humor

There is some pressure involved working with the public.

There are days when nothing seems to go right, and if you

happen to have a headache that day, it could be a long 9

to 5. A calm personality or a good sense of humor will

take you a long way in property management. If you tend

to be high-strung, anxious, or become angry or impatient

while working within deadlines or with people with

problems, you may want to re-consider taking on this

profession.

8. Must Like to Read and Conduct Research

There are many types of leases, agreements, forms, and

other legal documents that must be signed between

tenants, the manager, government agencies, the site

attorney, and/or the owner. Real estate and governmental

regulations change; the manager must be willing to read

up on them and stay current. Documentation must be read

and checked before submitted to tenants, agencies, the

owner, etc. If you do not like to read in order to keep up

with the latest trends, legal and industry changes and

terminology used, you will not be able to properly do your

job.

9. Must Have a Strong Sense of Duty and

Commitment

Ensuring that the tenants under your control are treated

with respect, have heat and hot water, are not subjected to

or committing illegal activities or disruptive behavior of

their neighbors, are some of the managers’ duties. Tenants

depend on the manager’s sense of obligation to the

property and the families or professionals who live in it.

The manager may not always have the funds to do

everything all the time, but what can and should be done,

such as keeping the building clean, and having a sense of

urgency to get work completed in a timely manner.

10. Should Have a Flexible Attitude

Property Management is a fluid profession, in that it

follows economic, governmental, industry, and societal

changes that impacts how a property is managed.

Managers who still like the “good old days” of mistreating

tenants and making rental applicants jump through

unnecessary hoops to get an apartment (or the opposite,

by not checking anything), will find him or herself out of

touch, and maybe out of a job. The ability to accept

changes of law, obey fair housing laws, have a positive, or

at least a neutral, attitude about people who are different,

and above all, to be open-minded, is a key element of a

successful manager.

11. Must Be an Excellent Follow-Up Person

A manager can never assume that a repair or rent payment

plan will happen on its own. Our mantra is: “Follow Up,

Follow Up, Follow Up!” This is one of the most critical

skills of a good property manager. The ability to multi-

task, keeping several balls in the air without dropping any

of them is challenging, and difficult at times. The ability

to successfully multi-task is often rewarded both

financially and in promotion decisions.

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Page 8

WELCOME NEW MEMBERS

Edward & Ann Walker * Mary Huffman * Nadine Hoppe * Charles & Rhonda Moore

Bernie Baker * Heather Kelley * Brandon Lehman * Hydetown Court

TJ McGraw * Holly and Rick VanDyke * James Clayton * Peter Frank

Adam Montanye * Terry Myers * Jennifer Reed * Robert & Dawn Irwin * Heidi Lutz

Jonathan Muroski * Paul Knobloch * Matthew D. Hines

We look forward to seeing each of you at our meetings and hope you will

make many new friends. Please take advantage of the networking opportunities before and

after the meetings. You may learn something or teach something to someone.

SIGN UP A NEW MEMBER TODAY AND RECEIVE

A $10 CREDIT ON YOUR ACCOUNT!

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Page 9

VIDEO RECORDING AND PICTURES CAN REDUCE DISPUTES

Pictures speak a thousand words!

Reduce disputes with tenants by video recording or photographing the unit’s condition before move-in and

after move-out. If you do this when the unit is vacant, the tenant cannot claim his or her privacy was invaded.

When move-out is completed, repeat the process again and obtain evidence of any damage that occurred

during the occupancy of the affected tenant.

Fair Housing A Slip of the Tongue Can Cost You

(Landlords of Jackson City, Nov. 2003)

How do you respond to prospective residents when they ask questions that are discriminatory? Have you had someone

who may not be knowledgeable about fair housing laws ask you to give out information that you believed was

discriminatory? Are you unsure of what you can or can’t say to avoid fair housing violations? These are some of the

concerns expressed by rental owners.

With the number of complaints on the rise, not to mention the amount of penalties and fines, housing providers must be

familiar with the laws. We must THINK before we speak. The following list of No-No’s may inspire you to

re-evaluate the statements you may be making.

Housing providers are often asked discriminatory questions by applicants. Prospective residents commonly ask, “What

kind of people live here?” Or, “who lives next door?” Appropriate responses include: “We are an equal opportunity

housing provider” or “everyone who lives here meets our rental qualifications.” If they persist, say “I’m sorry, but

responding to that kind of question violates fair housing law.”

Sometimes an applicant may request a rental that is not next to someone from a protected class, or an existing resident

may ask that you not rent to a family with children, for example, next door to them. Again, it is safest to respond with

“We are an equal opportunity housing provider and all of our rentals are open to anyone who meets our screening

criteria”. If pushed, remind the applicant that because of fair housing laws, you are not able to respond to their request.

If you don’t understand why these comments are discriminatory, or you are not familiar with the fair housing laws that

underlie them, then we recommend you become familiar with them or you may find yourselves on the receiving end of

a costly mistake.

References to a person’s protected class. For example – Gosh, that’s an interesting last name,

what nationality is it?

Is this for you and your husband?

Do you have children?

We have a very quiet property. Mostly older people, but we will consider children.

This property isn’t very safe for children because of the (fill in the blanks) balconies, creek, fountain,

busy street, cliff, stairs, crime…

You know, we don’t have a playground, or any place for children to play here. This property wasn’t

designed for children. But, the “Acme Apartments” down the street have great playground.

We prefer to have our families with children live on the first floor.

Sorry, but our rentals are not handicap accessible, so we can’t rent to you.

We will have to charge you a higher security deposit because of your guide dog.

We don’t rent to anyone on welfare.

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Page 10

Attention Landlords

As fellow landlords we know the

landlord business is all about

cash-flow. Now you can not only

save money on your energy cost

but you can earn extra money

while helping your tenants save

money on their energy cost.

Ron Irwin, Consultant

814-425-8340

http://Landlord.ambitenergy.biz

RENTAL INSPECTION CODE VIOLATIONS

The Association is aware that, during rental property inspections by BIU, some

of our members have been written up for code violations that are related to

certain aspects of the building that were acceptable code when the building was

constructed or renovated and which are relatively unchangeable now without

significant cost. These members have subsequently lost their case when they

took it before the review board. Such cases usually involve matters of ceiling

height, hallway or stairwell width, or window size for example.

If you have been denied a rental license on any unit after appealing your case

to the review board, please provide the Association a copy of your denial with

the code violations that were cited (in other words the particular code that

they were enforcing and the section and paragraph cited) by the board when

they denied you.

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Page 11

The “GARBAGE CAN”

Man We do COMPLETE CLEANOUTS of Residential and Commercial Properties including Houses,

Estates, Basements, Garages, Attics, Barns, etc. Remove all your unwanted materials/rubbish/

scrap/appliances & all other junk.

Fast Affordable-Reliable Insured

(814) 504-7080 Treasures Galore 4960 Iroquois Avenue, Erie, PA 16511

Request to see the

applicant’s social

security card

and driver’s license.

Question: My tenant just informed me that they have just filed for bankruptcy. What should

I do as a landlord? It appears that I haven't been named in the bankruptcy filing.

Answer: It doesn't matter if you were named in the suit or not. If you are the landlord and

you have been informed in any manner by your tenant that they have requested bankruptcy relief, you must request a stay from bankruptcy relief. Any disregard for the law could result in a contempt of court charge and/or legal fine. It would be best you seek the assistance of an experienced attorney that specializes in bankruptcy law as these laws are constantly changing and are complicated.

Question: Can I raise one tenant’s rent but not the other? One of my tenants pays $475 and the other pays

$625 per month. Can I raise only the lower price renter?

Answer: So long as the reason you are raising the tenant's rent is not based upon illegal discrimination: personal

characteristics or being a member of a protected class, there is no law requiring you to raise rents at the same time.

Question: I have a tenant with six children who has frequent plumbing issues. In one instance, a broken piece of

plate caused the dishwasher not to work. The sink constantly backs up due to hair and food. She refuses to reimburse for the repairs. What can I do?

Answer: You should document any evidence that shows these issues are due to her lack of maintenance. If you

have sufficient proof you, could serve her with a five day notice to perform conditions outlined in the lease. If she refuses, you could then take the necessary steps to start the eviction. It is, however, illegal for any landlord to discriminate against tenants with children.

By Ray Andel, AANP Board Member

FLAG DAY

June 14th

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QUALIFING

APPLICANTS

When qualifying prospective tenants

here are some tips to consider.

After you ask a question, BE SILENT! If they don’t

answer, don’t help them to say something. They may

hate the silence and tell you something

they had not intended to tell you.

Ask open ended questions. The key words are ‘who,

what, where, why, and how’. No question with these

words included in it can be answered yes or no.

A message from the office…..

Due to the volume of credit report requests that come in during the spring and summer months, just a minute

of your time would help speed up the turn around time in processing your request. Before the prospective

tenant leaves the premises, please check the application to make sure everything is LEGIBLE. Make sure

that the BIRTH DATE, SOCIAL SECURITY NUMBER and PRESENT ADDRESS (CITY, STATE AND

ZIP CODE) are complete. Finally be sure the application is SIGNED on the back by each person that is on

the application. We cannot process an application if any of these items are missing or illegible. Take another

minute to go over it before you submit it to the office for processing. These items are very important to

obtain an accurate credit report in a timely manner. We appreciate your help with this process because if you

can’t read the application, then we can’t read it either.

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LANDLORDS, BE DISCREET

Landlords, remember, the information that you receive from

our office is for your eyes only, and is not to be passed along

to the tenant. If a tenant doesn’t meet your criteria because

of the credit report that you received from our office, you

CANNOT give them the credit report, but you can give them

the 800 number at the end of the report. They can call that

number and get a free copy of their report because they were

rejected as a result of their credit. Please do not tell them

that the Apartment Association won’t let you rent to them or

to call our office.

Print all our forms at no cost

Read current and past newsletters

Print or read Reference Material

List your property for rent or

for sale

Listing guidelines

Useful links to Rent-o-Meter,

PROA, Legal Encyclopedia for

Landlord Tenant Disputes,

National Registered Sex Offenders,

Lead Paint Websites, and more…..

www.aptassoc.com

ERIE— Flat, each has 2 BDR, Bath, LR, DR, Kit. There is a front porch and 2 addl rooms on 3rd floor. New roof, siding, windows in 2007. Lot size 30 x 100. Occupied. $84,500 OBO. 115/117 West 24th Street. Call 814.825.8506

ERIE— Flat. Each flat has 2 BDR, Bath, LR, DR, Kit, 2nd floor has rear porch. 1 car garage. Windows updated 1997. Occupied. $91,500 OBO. 74 Orchard Street. Call 814.825.8506

ERIE—Income Property. 4 unit, 1 BDR/unit. 100% occupied. 2127 Chestnut St. $75,000. Call 814.873.2150 or 727.392.1848

ERIE—Single family 3BR, 1BA, appliances included, A/C, New Roof 2012, Off Street Parking. 917 West 26th Street, Long term tenants $45,900. Call Nick 814.864.8509

ERIE—Single family house 1320sf. 3BD, 1BA, new roof, soffit, fascia, gutter, vinyl windows, plumbing, carpet, and paint. Updated electric & inspected. Good Eastside location. Move-in ready. $47,500. Call Tom 814.836.5999

ERIE—Flat. Each 3 BR, Bath, LR, DR, Newer roof, elec-tric. Long term tenants. $860/month. Money maker. First $35,000. 2105 Wayne Street. Call 814.392.8628

ERIE—Flat. Each 2 BR, Bath, LR, DR. Newer roof. Two garages. $900/month—easy money. First $51,000 takes it! 1062 East 28th Street. Call 814.392.8628

ERIE—2 Unit Flat, each unit has 2 BD, LR, DR, KIT. Rent is $425 for each apt and both currently are rented. $34,900 751 East 7th Street. Call 814.450.9991

FAIRVIEW—Two BDR duplex w/attached garages 7541/43 Fairfield Drive. $160,000. Owner retiring. Also, buildable multi-family dwelling lot, 160ft X 132ft. Located at 7545 Fairfield Dr. West of Fairview High School. Cleared lot, $35,000. Call Dale 814.474.3651

FRONTIER PARK AREA—Single family house, one story, 1300sf, 2 BDR, 1.5 Bath, LR, DR, Eat-in Kitchen, Attached 1 car garage, Private back yard, large dry basement for hobbies. Tenant occupied. Rents for $850/month 636 Connecticut Drive $119,000. Call Anne 973.769.6262

MILLCREEK—Single Family Home, 3BDR, 1.5 BA, LR, DR, eat-in KIT, Den, fenced yard, 2 car garage, new KIT w/oak cab , newer roof, dry semi-finished BSMT, landscaped yard. Lease until 7/13 @ $1,100/month. Located on E Gore b/t Koehler & McClelland . $143,500 Call 814.397.8368 or email [email protected]

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Page 15

ATTENTION MEMBERS You may want to add some of these clauses to your lease.

Municipal Rental Fees Clause: Tenant shall reimburse Landlord for any municipal service

fee, special assessment, inspection fee, license fee, rental

permit fee, or special tax levied upon the rental unit which

must be paid to permit its use as a residential rental. Tenant

shall be responsible for such fees and taxes whether they are

in effect at the start of this lease, or if they become effective

during the Lease term. The amount due shall be considered

as additional rent, and must be paid within 10 days of billing

by the Landlord.

Inflation Clause: Any fees, taxes, or other charges enacted, assessed or

increased by any agency, business or utility that do not

exist at the signing of this lease shall be passed onto the

tenant as additional rent and due on demand.

Plumbing Clause:

No, grease, coffee grounds, sanitary napkins, or smoking

materials in drains or toilets. Plumbing repairs

necessitated by resident carelessness or neglect shall be at

the expense of the resident.

Don’t forget that every property that was built prior to

1978 MUST disclose that it may contain lead paint.

Every new tenant must be given the lead paint booklet

and must sign the lead disclosure form. That’s the

law! You must keep your signed lead disclosure forms and leases for a minimum of 5 years. You can purchase these forms

at the office or download them from our web site.

Landlords of the Apartment Association will comply with

all provisions of the (Fair Credit Reporting Act). The

information that is requested is for the Landlord’s exclusive use.

The landlord certifies that inquiries will be made ONLY for

permissible purpose, namely: in connection with credit

transaction involving the extension of credit to, or review of

collection of an account of the consumer. The law prohibits

the landlord from providing a copy of the report to the

applicant. Landlords are FORBIDDEN to obtain reports on

themselves, associates, or any other person except in the

exercise of their official duties. Any person who knowingly

and willingly obtains information on a consumer from a

consumer reporting agency under false pretenses shall be fined

$5,000 or imprisoned not more than one year or both.

CREDIT REPORTING PROCEDURES

When obtaining a credit report on an individual, you must

have a signed Apartment Association Rental Application with

the following information:

First & Last Name

Current address; including street with number, city, state and

ZIP CODE

Previous address; if above address is less than 1 year

Social Security Number

Date of Birth

Signature giving permission to run their report

Our computer system holds all the Landlord/Tenant

complaints filed in the State of Pennsylvania for the past seven

years. When a credit report is run in our office, we will

automatically check our files to see if a Landlord/Tenant

complaint has been filed on that person at no additional costs to

you. If you prefer just a Landlord/Tenant Complaint check and

no credit report then there is a charge for the L/T check.

Funds may be placed on account in order for you to run

credit reports. This will allow you to fax or scan and email the

rental application to the office and it will be returned to you by

fax or email. The office fax number is 814-866-2732.

EVICTION SCHEDULE UNDER ACT 36

This schedule is for the best case scenario, if using the

Apartment Association Lease or a lease that allows a 5 day

notice

Day (1) Rental payment due

Day (2) For unpaid rent must give a 5 day notice

Day (8) File landlord/tenant complaint at District Justice

Office

Day (15) Scheduled hearing to take place and judgment given.

A decision must be given within 3 days of hearing

Day (26) Writ of Possession can be requested 11th day after

judgment. The Writ of Possession must be served within 48

hours

Day (39) The eviction takes place around the 11th day after

service of the Writ of Possession.

FOR YOUR CONVENIENCE…

Credit reports can be ordered by any member that has money

on account or wishes to use a credit card. Simply mail, fax or

email the signed rental application to the office. It will be

completed and returned per your request. Forms may also be

ordered by telephone, fax, or mail if the member has money on

account or wishes to use credit card. Postage will be added to

the cost for any mailings to a member.

HARD COPIES Warning: All credit reports on accepted and rejected

tenant applications should be saved for at least three (3)

years. It is imperative that owners request hard copies of

credit reports. Credit reports can change daily, and there

will never be another report exactly the same as the one

the owner ran to determine acceptance of a tenant.

Without a hard copy, the owner cannot prove the

financial reasons for acceptance or rejection if

challenged in court.

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1127 West 38th Street

Erie, PA 16508

Address Service Requested

Would YOU Like to be a Part of the WORKING

Apartment Association Board?

It is time for our members to start thinking about the Board of Directors election coming later this summer.

An applicant must have been an Association member for at least one year. Directors serve for a 3 year

term. This year the Directors that are up for re-election are: John Baldwin, Mike Shugerts, Kathie Kreider.

It doesn’t matter if you have had long time experience in being a landlord and would bring some valuable

insight to the board or if you have been a landlord for a short time and have some fresh new ideas. We

have always been fortunate in the past with the dedication and loyalty of our Board members and trust that

we can continue recruiting that same quality of individual. Are you interested? If you are, please submit

your letter of intent along with a resume to The Apartment Association C/O Nomination Committee, 1127

West 38th Street, Erie, PA 16508. All letters and resumes must be received in our office on or before

August 31, 2013. Please consider running for office. We understand that this is a time commitment on

your part, but there is so much that can be done if we all work together. Is it time for YOU to get

involved? Time to give back? Especially now with so many issues facing landlords and so many things

changing. Times are tough and may get tougher before they get better.

YOU Can

Make A

Difference!

We Hope

To Hear

From YOU!