rental housing journal utah may 2016

Advertise in Rental Housing Journal Utah

Circulated to over 6,000 apartment owners, on-site and maintenance personnel monthly.

Call 503-221-1260 for more information

2. President’s Message – Avoiding Bad Press

3. Director’s Message – Utah Law Firm Actively Representing Tenants

Official Publication of The Utah Apartment Association Utah’s Leading Advocate for the Rental Housing Industry – 888-244-0401 – WWW.UAAHQ.ORG

www.rentalhousingjournal.com • Professional Publishing, Inc

Rental Housing Journal Utah May 2016 - Vol. 8 Issue 5Pr

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EVENTSGood Landlord ClassSouth Ogden ................................... Jun 8th 6pm

Salt Lake ................................... Jun 18th 8:30am

www.GoodLandlordingTraining.com

UPCOMING EVENTSGeneral Membership MeetingsCedar City ............................... Jun 21st 7pm

Orem ....................................... Jun 22nd 7pm

Salt Lake ............................... Jun 23rd 7pm

www.uaaGeneralMembershipMeetings.com

continued on page 4

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5. Ask the Attorney – Dealing With Bug Beds Part 3

mation. Over 800 lunch attendees heard from Keynote Lunch speak-er Amanda Dickson. Amanda is the co-host of KSL morning news radio. She talked about the impor-

tance of landlords and property managers in society, and how to find joy in your day to day work. She encouraged attendees to for-give, move on, don’t complain, and

understand who you really are. One thing that Amanda brought

up was the nobility of being a land-

Fair Housing Conference and Trade Show a Record Breaking Success

What You Need To Know About The New HUD Criminal Exclusion Guidance

By Kirk A. Cullimore, The Law Offices of Kirk. A Cullimore

On April 4, 2016, the Department of Housing & Urban Development” issued a fair housing guidance which appears to provide some pro-

tection to individuals with criminal history. This new guidance prohibits the use of arrest records to deny an applicant. It also requires that landlords who deny based upon convictions consider the nature of the

crime, the severity of the crime, and the amount of time that has passed.

The guidance states that blanket exclusions based upon general criminal history likely violate the Fair Housing Act. Landlords need to tailor their approach

SANDY, UT – Over 1,550 attend-ees participated in the annual Fair Housing Education Conference and Trade Show on Wednesday April 27, 2016.

A record breaking 137 exhibi-tors made this show one of the best yet. “We had great leads, and made amazing contacts with potential clients” said Steve Fredine with Delta Disaster Kleenup, one of the exhibitors. This year exhibitors gave away thousands of dollars in prizes as well as handing out pro-motional items and gear.

“This year’s show was awesome. There were so many people and the exhibitors were so fantastic”, said Jean Smith, a regional manager with Staker Property Management.

Attendees could choose between over 25 property management and other education classes, with valuable and cutting edge infor-

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48-HOUR NOTICE OF ENTRYTENANT(S): ____________________________________________________ DATE:________ADDRESS: ____________________________________________________ UNIT: _________CITY: _________________________________________ STATE: __________ ZIP: _________48-HOUR NOTICE OF ENTRYPursuant to RCW 59.18.150, this is your 48 hour notice that your landlord or their agents will be

entering the dwelling unit and premises located at (Address)______________________________________________________________________________on between the hours of and . (Date) (Time) (Time)The entry will occur for the following purpose:______________________________________________________________________________

______________________________________________________________________________ Landlord Phone

Method of Service: Personal Service: Post and Mail: ** Add one additional day for compliance if served by post and mail.

WA-RTG-40 Washington

©2009 NO PORTION of this form may be reproduced without written permission.

CHECK-IN/CHECK-OUT CONDITION REPORTTENANT(S): __________________________________________________________________ADDRESS: ________________________________________________UNIT: ______________CITY: ___________________________________ STATE: ________ ZIP: _________________Rating Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor Rating Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor Rating Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor Rating Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor Rating Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor Rating Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor Rating Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor Rating Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor Rating Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor IN Out In Out In OutLIVING AREAS KITCHEN BEDROOM 3Walls Walls Walls

Windows Stove/Racks WindowsBlinds/Drapes Refrigerator Blinds/DrapesRods Ice Trays RodsFloor Shelves/Drawer FloorCarpet/Vinyl/Wood Disposal Light FixturesLight Fixtures Dishwasher Doors/WoodworkDoors/Woodwork Counter Tops LocksLocks Cabinets CeilingsCeilings Sink Electric OutletsElectrical Outlets FloorGarbage Cans WindowsTV Antenna/Cable Blinds/Drapes BATH ROOMFireplace

Towel BarsCleanlinessSink & Vanity

ToiletBEDROOM 1 BEDROOM 2 Tub/ShowerWalls Walls Fan (Exhaust)Windows Windows FloorBlinds/Drapes Blinds/Drapes Electric OutletsRods Rods Light FixturesFloor FloorLight Fixtures Light Fixtures Essential ServicesEssential ServicesDoors/Woodwork Doors/Woodwork PlumbingLocks Locks HeatingCeilings Ceilings ElectricityElectrical Outlets Electric Outlets Hot Water

Smoke Detectors

OR-RTG-20 Oregon

PET AGREEMENTTENANT INFORMATION

TENANT(S): ____________________________________________________ DATE:________ADDRESS: ____________________________________________________ UNIT: _________CITY: _________________________________________ STATE: __________ ZIP: _________

DESCRIPTION OF PET(S)

1) Type _______________ Breed _______________ Size ______ Age __ Weight ___ Color ____ Name ________ Vaccinations: Yes____ No____ License Number: ______________



Additional Security Deposit Required:$

AGREEMENTTenant(s) certify that the above pet(s) are the only pet(s) on the premises. Tenant(s) understands that the additional pet(s) are not permitted unless the landlord gives tenant(s) written permission. Tenant(s) agree to keep the above-listed pets in the premises subject to the following terms and conditions:

1) The pet(s) shall be on a leash or otherwise under tenant’s control when it is outside the tenant’s dwelling unit. 2) Tenant(s) shall promptly pick up all pet waste from the premises promptly. 3) Tenant(s) are responsible for the conduct of their pet(s) at all times. 4) Tenant(s) are liable for all damages caused by their pet(s). 5) Tenant(s) shall pay the additional security deposit listed above and/or their rental agreement as a condition to keeping the pet(s) listed above. 6) Tenant(s) shall not allow their pets to cause any sort of disturbance or injury to the other tenants, guests, landlord or any other persons lawfully on the premises. 7) Tenant(s) shall immediately report to landlord any type of damage or injury caused by their pet. 8) This agreement is incorporated into and shall become part of the rental agreement exe -cuted between the parties. Failure by tenant to comply with any part of this agreement shall constitute a material breach of the rental agreement.

_____________________________ ______________________________Landlord Tenant ______________________________ Tenant

nogerO 42-GTR-RO

©2011 NO PORTION of this form may be reproduced without written permission.

CHECK-IN/CHECK-OUT CONDITION REPORTTENANT(S): __________________________________________________________________ADDRESS: ________________________________________________UNIT: ______________CITY: ___________________________________ STATE: ________ ZIP: _________________Rating Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor

Rating Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor







Rating Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor IN Out In Out In OutLIVING AREAS

KITCHENBEDROOM 3

WallsWalls

WallsWindowsStove/Racks

WindowsBlinds/Drapes

RefrigeratorBlinds/Drapes

RodsIce Trays

RodsFloorShelves/Drawer

FloorCarpet/Vinyl/WoodDisposal

Light FixturesLight Fixtures

DishwasherDoors/Woodwork

Doors/WoodworkCounter Tops

LocksLocksCabinets

CeilingsCeilings

SinkElectric Outlets

Electrical OutletsFloor

Smoke DetectorsGarbage Cans

WindowsTV Antenna/CableBlinds/Drapes

BATH ROOMFireplace

Towel BarsCleanliness

Sink & Vanity

ToiletBEDROOM 1BEDROOM 2

Tub/ShowerWalls

WallsWindows

WA-RTG-20 Washington

5 REASONS TO USE RENTEGRATIONColor Standards for National Tenant Network Logo

• Logos are provided on the CD in all three forms: all black, reversed to white, or in PMS 280 Blue/PMS 7543 Gray spot or 4/color applications. Please see below for speci�c use examples.

• No other colors are acceptable for use for the logo.

• No altering of the logo is allowed. If you have a special circumstance that requires something not provided on the CD, please call NTN NA TIO NAL HEADQUAR TERS 1.800.228.0989 for assistance.

• Logos should not be put over a busy background.

BLACK WHITE (with 40% gray circle)

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access to forms generation, archives, prop-erty management database, basic account-ing, vendor ordering and other services.

2. Rental and Lease Forms - Unlimited use

forms. All Rentegration.com forms are cre-ated by attorneys and/or local rental hous-ing associations.

- Owners and managers can track income and expense for each unit, property and company. Per-fect for mid and small size property manag-ers and independent rental owners, who neither have the need or budget for larger, more expensive software.

4. Management Database - Rentegration.com is an easy to use, database driven soft-

from the database. The modules are all in-tegrated and work together. For example, a customer can use the rent-roll function to identify all delinquencies, apply fees, and create eviction forms with a few simple clicks of the mouse.

5. Value - Large property management companies that use Rentegration.com for only forms generation will save time and money over other methods. Mid and small size property managers and independent rental owners can manage their entire busi-ness at a fraction of the cost of other soft-ware and forms.

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Advertise in Rental Housing Journal UtahCirculated to over 6,000 apartment owners, on-site and maintenance personnel monthly.

Call 503-221-1260 for more information

2 Rental Housing Journal Utah · May 2016

Utah Apartment Association

448 E Winchester St Ste. 460Salt Lake City, UT 84107

Ph: (801) 487-5619Fax: (801) 484-8649

www.uaahq.orgPresident’s Message

Peter Harradine Board Chair Utah Apartment Association

Avoiding Bad Press

Recently I’ve noticed proper-ty management companies and apartment communi-

ties getting bad press. Some exam-ples include:

y A Utah County property management company getting in trouble for not allowing children. y A northern Utah property management company getting beat up over bedbug problems in low income housing. y Multiple landlords and property management companies getting negative exposure for meth and mold management issues.

y A Salt Lake City apartment complex getting national news for its policy for friending tenants on Facebook.

What all of these issues illustrate is that we don’t do business in a vacuum. With social media, the press, and so many other ways of getting bad publicity we need to know what we are doing.

The Utah Apartment Associa-tion is our safety net. It is our life-line. The training, resources, and network it provides us can help us avoid many potential problems. We can’t avoid all bad press, but

tapping into that UAA can reduce your likelihood of receiving nega-tive publicity.

All we need to do is to be in-volved, utilize the resources, and take advantage of the education and training. Property manage-ment companies and landlords that do that will be more successful.

I encourage you to get more in-volved and utilize more of the as-sociations resources in the coming year. As you do, I am confident you will be more successful.

I would like: PRINT E-MAIL

Editions: ARIZONA COLORADO PORTLAND, OR SALEM/EUGENE, OR SEATTLE/TACOMA UTAH

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OR MAIL A CHECK TO: Rental Housing Journal

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PublisherWill Johnson – [email protected]

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Advertising SalesWill Johnson – [email protected]

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Rental Housing Journal Utah is a monthly publication published by Professional Publishing Inc., publishers of Real Estate Opportunities in

Investing & Real Estate Investor Quarterly

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The statements and representations made in advertising and news articles contained in this publication are those of the advertiser and authors and as such do not necessarily reflect the views or opinions of Professional Publishing, Inc. The inclusion of advertising in this publications does not, in any way, comport an endorsement of or support for the products or services offered. To request a reprint or reprint rights contact Professional Publishing Inc. PO Box 6244 Beaverton, OR 97007. (503) 221-1260 - (800) 398-6751 © 2015 All rights reserved.

3Rental Housing Journal Utah · May 2016

448 E Winchester St Ste. 460Salt Lake City, UT 84107Ph: (801) 487-5619Fax: (801) 484-8649www.uaahq.org

Utah Apartment Association

Director’s Message

L. Paul Smith, CAEExecutive DirectorUtah Apartment Association

Utah Law Firm Actively Representing Tenants

Their primary area of practice is eviction defense. In the past, it has been fairly uncommon for ten-ants to be represented by counsel during the eviction. Recently, how-ever, landlord attorneys report it is much more common for tenants to bring an attorney with them to eviction court, and it is generally this law firm representing them. If landlords and property manag-ers have done everything correctly, they will still prevail. But if there were any corners cut or the land-lord didn’t strictly follow the law, there may be difficulties in com-pleting the eviction. What’s more, if a tenant’s rights were violated there can even be damages as-sessed against the property owner.

From the Hepworth and Murray website (www.hepworth-murray.com/utahevictionlaw). Here is a list of questions they ask tenants to see if they might have a case against their landlord.

yAre you current on your rent and your landlord is kicking you out? yDo you have bed bugs that were not caused by you? yIs your landlord not following the terms of your lease? yHas your landlord entered your apartment home without notice? yHas your landlord locked you out of your apartment home? yHas your landlord threatened to call the police on you if you don’t leave? yDoes your apartment home have a serious mold or other health related problem? yHave you reported a health code violation and now your landlord is evicting you? yHas your landlord denied your access to the property? yHas your landlord improperly served a notice to pay or quit?

It is more important than ever for landlords and property man-agers to know the law and apply it correctly. That’s where the UAA and all of our resources come in. We can make sure you know the best practices and laws and avoid the most common mistakes. Call us if you ever have any questions or anything is unclear to you. Don’t risk getting your eviction thrown out, or worse, getting dam-age judgments against you for act-ing improperly.

You don’t have much to fear if you do things correctly. But having a law firm in Utah actively repre-senting tenants increases the risk if you cut corners or don’t do things correctly. Just make sure you fol-low the book and you will be fine.

In the past few years a law firm representing tenants has in-creasingly gone after landlords

and property managers who ar-en’t doing things by the book. The law firm is Hepworth and Mur-ray, and the primary attorney who represents tenants is Zach Myers. They actively advertise, encour-aging tenants who feel they have been mistreated to contact them and get a free consultation about their rights.

Toll Free: (800) 526-0955www.hainsworth.biz

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Life’s Good

Amanda Dixon speaking to the “Lords of the Land” 2016 Trade Show grand prize drawing winner Jon Hiller (left) with 2016 Board Chair, Peter Harradine

(center) and Paul Smith (right)

2016 Board Chair, Peter Harra-dine (right) presenting flowers to

the 2016 Events Committee Chair, Holly Sanford (left)

Entrance Gate to the 2016 Fair Housing Education Conference & Trade Show

4

Rental Housing Journal Utah

Rental Housing Journal Utah · May 2016

Record Breaking Success...continued from page 1

lord, or as she claimed satirically “Lord of the land”. Dickson said “We get to do this wonderful thing. We get to provide a home for other people, where they will have their families, where they will dream their dreams… where they will re-group and have a second chance. We get to do this wonderful thing – and we should be proud of it.”

Holly Sanford, 2016 Events Com-mittee chair thanked all of the vol-unteers and staff who made it such a great event. “What a wonderful thing it is to be involved in the rental industry, and the 2016 Fair Housing Education Conference and Trade Show was a wonderful thing for all those who attended.”

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Ask the Attorney

By Kirk Cullimore, Jr.Law Offices of Kirk A. Cullimore

Dealing With BedBugs – Part Three

Now that you have con-firmed that your resident has bed bugs and you

have a clear understanding of the enemy you are facing, how should you address the situation and are there things you can do to possibly prevent future infestations? Time-ly and proper treatment is key to avoiding the situation from becom-ing a full blown infestation either within a single unit or commu-nity wide. In addition, educating your residents will be vital towards keeping your community bed bug free. Consider the following re-garding treatment and prevention.

TreatmentI. Retain Professional Pest Man-

agement Specialists to Conduct Bed Bug Eradication

The vast majority of over-the-counter pesticides and insecticides used to treat traditional household pests such as cockroaches, rodents, ants and termites are typically no match for bed bugs. Upon discov-ery that bed bugs are indeed pres-

ent in a unit, management should contact a professional pest man-agement specialist with experience in bed bug eradication. It is im-portant to hire professionals who have documented experience in bed bug management and who use a comprehensive strategy (not just spraying pesticides).

Some of the most effective tech-nologies for bed bug control have been the development of heating

systems that are capable of su-perheating infested rooms to kill all the bed bugs. The advantages of these heat systems are that the resident does not have to remove or bag their belongings, and most infestations can be cured in a single treatment.

II. Notify and Inform Residents of Eradication Protocol

Notifying and informing resi-dents of eradication protocol will enable them to make prepara-tions necessary to ensure that the treatment process is executed as seamlessly as possible. Residents must comply with bed bug eradi-cation protocol set forth both by management as well as the pest management company charged with carrying out the eradication procedure. To completely erad-icate bed bugs will often require several treatments.

continued on page 7

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New HUD Criminal Exclusion ...continued from page 1

to criminal history on an individ-ualized basis. The review should take into account factors that are specifically narrowed to achieve the safety and security goals of the property.

Management and owners of rental housing need to immediate-ly review and revise their policies relating to the use of criminal his-tory in the application process.

A more concrete policy state-ment is being reviewed and eval-uated. It is clear that sex offenders listed on a public list gives cause to deny. It is also clear in the HUD guidance that the manufacture or distribution of a controlled sub-stance is grounds for denial. For almost any other issue, a landlord will need to have a basis that is grounded in some study or facts that assist in supporting the denial. For instance, if there was a study that says 70% of persons released from prison will re-offend within the first 3 years, that MAY give us a reason to deny any person who was released from prison in the last 3 years. (Business reason is that we have a substantial risk that 1. a new crime will be committed and 2. the lease could not be fulfilled.)

As studies are evaluated, the pol-icy can and will be updated to in-clude the new areas where support can be found to have “blanket” denials. It is anticipated that these policies will change over the next few months. The above criteria is as close to a safe harbor (to the extent anything can be safe) as is believed to exist at this time. The policy and application information should be implemented as quickly as possible.

Sample Criminal History Policy

It is the policy of this commu-nity to obtain information on past criminal activities of pro-

spective residents. Such crimi-nal information may include ar-rests, convictions and pending criminal actions.

This community shall not deny applicants solely on the basis of ar-rests or pending criminal actions. Those may be included with other factors that may as an aggregate be determined to warrant denial.

This community shall not al-low persons who are on any sex offender list. Likewise, persons with criminal convictions which relate to the manufacture or dis-tribution of controlled substances shall be denied. Persons whose convictions relate to possession of controlled substances may be accepted if they provide evi-dence of completion of a treat-ment program.

Persons who have convictions involving violence, gang activity, arson, and injury to persons will be required to provide additional information to establish that they do not pose a risk to the property or the other residents.

In evaluating prior criminal history, this community will con-sider the type of crime, severity of the crime, and the length of time since conviction and re-lease. Terms and conditions of parole and probation may also be considered. Each case will be evaluated on a case by case basis. Denied applicants may petition for reconsideration by providing additional information regard-ing mitigating circumstances and other information that may assist the community in a review of the applicant’s criminal history.

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Ask the Attorney ...continued from page 5

The following requirements are common among typical bed bug eradication protocols:

y Move all furniture 3 feet from walls in all rooms. y Remove from unit all personal/sensitive items (e.g. clothes, toys, plants, etc.), leaving furniture. y Place all clothing, linens and other personal effects, which are to be treated separately, into

plastic bags. Such items should be cleaned/washed, dried or heat treated at 130 Degrees Fahrenheit for 1 hour, or fumigated, before returning to the treated unit. y Remove from mattresses bed coverings, blankets, comforters, sheets, etc. and clean/wash according to above instructions for treating clothing and personal effects. y Remove from furniture blankets, linens, pillows, etc. and clean/

wash according to above instructions for treating clothing, personal effects and bedding. y If possible, wrap in plastic and discard bed bug infested mattresses and box springs, or place infested mattress in bed encasement prior to treatment according to above instructions for clothing, personal affects and bedding. y Wrap infested mattresses, box springs and furniture in plastic

before removing from the unit so as to prevent the inadvertent spread of bed bugs to other units and areas of the community. Once removed from the building, destroy infested items and have hauled away from the property immediately. y Unplug all electronics. y Vacuum all surfaces (e.g. floors, carpets, upholstered furniture, etc.) y Vacate the unit prior to the arrival of the pest management professional; plan to return no sooner than four hours following treatment.

Prevention:III. Encourage Residents to Avoid

Bringing Used Furniture from Unknown Sources into Their Apartments

Countless bed bug infestations stem directly from the introduc-tion into a resident’s unit of sec-ond-hand furniture, abandoned furniture, and even rental fur-niture. Our office has received several recent reports of bed bug infestations stemming directly from rental furniture. Although some rental furniture companies claim they treat/spray furniture for bed bugs before re-renting, in-fested, non-treated furniture that has been picked-up can often be in the same truck for the delivery of treated furniture. Unless the determination can be made with absolute certainty that a piece of second-hand/rented furniture is bed bug-free, residents should as-sume that one reason a seemingly nice looking leather couch, for ex-ample, is sitting curbside, waiting to be hauled off to the landfill, may very well be due to the fact that it’s teeming with bed bugs.

IV. Promptly Address Bed Bug Sightings

Management should promptly respond to resident bed bug noti-fications by inspecting units sus-pected of hosting bed bugs. Units above, next to, and below those where bed bugs have been identi-fied should be inspected as well. By moving to quickly execute the eradication of bed bugs in one unit can severely lessen the risk of a community-wide infestation.

By working together, manage-ment and residents can successfully prevent and treat bed bug infesta-tions. A helpful brochure regard-ing bed bug prevention, detection, and control can be found at:

EPA - Bed Bug Prevention, De-tection, and Control

ht t ps : //w w w.epa .gov/s ite s/production/files/2014-02/docu-ments/bed-bug-prevention-detec-tion-control.pdf

LOWER MAINTENANCE COSTS AND LESS TENANT TURNOVER. GO SMOKE-FREE.

www.tobaccofreeutah.org/muh-intro.html

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rental housing journal utah may 2016

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