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The articles and other information included on this web page are intended to inform and educate and are not intended to convey legal, accounting or other professional advice. Articles are the opinions of their authors and are not necessarily the official positions and/or views of the Treasure Valley Rental Owners Association, its members, officers, board of directors, employees, the Oregon Rental Housing Association or any other company, agency, or other entity. The editor, TVRA, its members, officers, board of directors, employees, and ORHA assume no liability for loss or damage as a result of reliance on the material provided. Appropriate legal, accounting or other expert assistance should be sought from competent professionals.

NewsLetters

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News

  • January 28, 2020 10:52 AM | Anonymous

    HUD SEEKS INVESTIGATION OF WEBSITES SELLING "WORTHLESS" ESA DOCUMENTATION

    U.S. Department of Housing and Urban Development (HUD) Secretary Ben Carson is seeking action against online companies that profit from selling sham assistance animal documentation at the expense of rental housing providers and renters who have legitimate needs. These companies’ documents are intended to justify reasonable accommodation requests for assistance animals (service animals and emotional support animals (ESAs)) in housing but are often used to skirt pet restrictions under false pretenses.

    In a letter sent to Chairman of the U.S. Federal Trade Commission Joseph J. Simons and Director of the Bureau of Consumer Protection Andrew Smith, Secretary Carson expresses several concerns in line with those of the apartment industry and asks the FTC to investigate some websites selling assistance animal verification documents. As HUD General Counsel Paul Compton states, “These websites are using questionable business practices that exploit consumers, prejudice the legal rights of individuals with disabilities, dupe landlords, and generally interfere with good faith efforts to comply with the requirements of the Fair Housing Act.”

    Read More

  • January 26, 2020 9:40 AM | Anonymous

    Landlords can send it new information at any time to the HUD office.  


    HOUSING AUTHORITY OF MALHEUR AND HARNEY COUNTY

    959 FORTNER STREET, ONTARIO, OR 97914

    PHONE: (541) 889-9661; FAX: (541) 889-6487

    ANNUAL REQUEST FOR LANDLORD INFORMATION ON PROPERTY RENTALS

    Dear Landlord:

    HUD requires the Housing Authority of Malheur & Harney County to determine that rents for units under the Section 8 Housing Choice Voucher Program are reasonable when compared to comparable unassisted units in the market area.

    No HAP contract can be approved until the HAMHC has determined that the rent for the unit is reasonable. The purpose of the rent reasonableness test is to ensure that a fair rent is paid for each unit rented under the HCV program.

    HUD regulations define a reasonable rent as one that does not exceed the rent charged for comparable, unassisted units in the same market area. HUD also requires that owners not charge more for assisted units than for comparable units on the premises. The following attached policy from our administrative plan for the Housing Choice Voucher Program explains the method used to determine whether a unit’s rent is reasonable.

    Attached are forms that we are requesting from all landlords to list ALL of their rental units and return these forms back to our office either via mail, fax or by email at kristyrodriguez@cableone.net This is necessary to have as we have experienced negative feedback from HUD for not having rent reasonableness done. This has been done in the past, but not within the last few years, and it is mandatory to update these records annually to keep our program running. PLEASE FILL OUT THE FORMS FOR ALL RENTALS THAT YOU HAVE REGARDLESS IF THEY ARE RECEIVING SECTION 8 RENTAL ASSISTANCE OR NOT. THIS IS HOW THE SURVEY SHOULD BE DONE.

    Please take the time to fill out the enclosed forms. Enclosed are 5 blank forms that are front and back for you to list your units. The more units that we have, the better. If you need more, please contact us to provide you with additional copies. We sincerely appreciate all of the surveys to be returned back to us no later than November 15th, 2019. If anyone has any questions, please feel free to contact me at ext. 111 or the email indicated above.

    Thank you for your assistance,

    Kristy Rodriguez

    Executive Director

    Rent Reasonableness Letter to Landlord.pdf

    Rent Reasonable questionarrie.pdf

  • October 24, 2019 7:51 PM | Anonymous

    UPDATED CALENDAR AS OF JANUARY 25TH, 2020


    October is our planning month for the following year and the TVRA board has put together a list of 31 events for 2020.

    To start the year, we will have the Annual Membership Banquet and Elections on Saturday,  January 25th, 2020.  This is going to be a fun event with good food, local and state news, games, and an election of four New Board Members.  Please think about being a Board Member, as you get the most up-to-date information on a continual basis.  But most of all, we are hoping to have more fun this year, so please come out and join us.

    We will conduct five local and free workshops for members, two paid Seminars from the Portland and Lane County Presidents, and four new member training classes.  Even if you have been a member for a while, the new member trainings will cover everything you need to know, what is available for you and your business, and what you should setup to be successful in the rental housing industry.   If you haven't attended them, please do so.  You must sign up for these classes, so we know how many people are coming. Click the register now button on the event emails or click on the TVRA Calendar and sign up directly on the website.

    Overall, this gives you eleven chances to receive training, ask questions, meet other landlords, and meet industry associates offering services that can help you.  It's going to be a great year for education, and we don't want you to miss any opportunity to better your business. 




    To download a copy of the 2020 Calendar, please click the link below:

    TVRA Calendar 2020.pdf


  • October 24, 2019 6:58 PM | Anonymous

    Payment standards are established according to HUD's FY FMR 2020 and HAMHC's rent comparable.  All amounts have been increased by 110%.  

    Effective 10/01/2019




    For a copy of the standards, click on the link below:

    10.01.19 HUD Malheur County Payment Standards.pdf



  • September 26, 2019 3:30 PM | Anonymous

    The Oregon’s Office of Economic Analysis has decreased the permissible rent increase for 2020. State law sets the permissible rent increase at 7% plus CPI. CPI fell from 3.4% to 2.9 %.  

    This makes the allowable statewide rent increase cap 9.9% for 2020.


    For those of you planning to issue a rent increase, effective January 1, 2020, you would need to serve/deliver your rent increase notice by October 1st, 2019 and use the new CPI (no more than 9.9%) for 2020.


    Click the orange box below for more detailed information. ​

     

    Oregon Maximum Annual Rent Increase for 2020


  • August 13, 2019 5:54 PM | Anonymous

    Attached is an update to the Oregon State Bar Seminar pertaining to the Senate Bill 608, The Tenant Protection Bill.

    Legal Q&A: An Update to Landlord/Tenant Law in Oregon

  • July 26, 2019 7:40 PM | Anonymous

    Email from:

    Good morning,

    As you are all familiar, the Law and Rule Required Course (LARRC) is updated following the regular legislative session and after changes to real estate law and rule. Per Oregon Revised Statute (ORS) 696.425(3), the Real Estate Board “shall create or approve a real estate continuing education course for real estate licensees based on recent changes in real estate rule and law.”

    Previously, Agency staff would develop a draft course outline for the Real Estate Board to review and approve.  For this LARRC update, the Board is taking an active role in creating the course outline. 

    A timeline of public meetings and the comment period associated with LARRC can be found at https://www.oregon.gov/rea/about_us/Documents/LARRC-Schedule.pdf.

    Sincerely,

    Madeline Alvarado | Customer Service Manager

    Oregon Real Estate Agency

    530 Center St. NE Ste. 100, Salem, Oregon  97301-2505

    503-378-4590 | Fax: 503-378-2491

    madeline.c.alvarado@oregon.gov | www.oregon.gov/rea

    The Oregon Real Estate Agency is conducting a customer satisfaction survey. Your participation and comments are important to us and we would appreciate you taking a few minutes to complete the survey.  The survey can be found here:

    https://www.surveymonkey.com/r/MDD9LPP


  • July 26, 2019 7:30 PM | Anonymous

    Members,

    The new 2019 Forms Manual is here!

    Complete with updated information about completing your Landlord/Tenant forms to comply with the new SB 608 Tenant Protection Bill requirements, it is a MUST for your Business.

    This is the most important tool in your landlord or property management toolbox, so much so, that we will be changing our next regularly scheduled TVRA workshop to teach you how to use your Forms Manual appropriately. 

    Don’t miss this Workshop! 

    _______________________________________________

    2019 ORHA Forms Manual Training

    by Cloud Miller

    The most important tool for Landlords and Property Managers is the Forms Manual.   Come learn how to use the manual and prepare your Rental Forms properly.  

    You can purchase your 2019 ORHA Forms Manuals before the event, starting today at Pine Valley Property Management, 95 SW 4th Ave, Ontario, OR 97914

    or

    You can buy a manual before the event at Matsy's Restaurant from 5:00pm-5:45pm.  We have only 50 Manuals available, so don’t delay!

    This is a very long class, so please do not be late. 

    ___________________________________________________

    August 27th, 2019

    6:00 – 9:00pm

    Matsy's Restaurant, 1241 SW 4th Ave, Ontario, OR 97914

    *****No Registration Needed*****

    But seating is limited, so be early, if you can!

    _____________________________________________________


  • July 26, 2019 7:27 PM | Anonymous

    Members,

    SB 608 – the Tenant Protection Bill has considerably changed the Landlord/Tenant Laws.  The Oregon Rental Housing Association has spent a considerable amount of time and effort producing new forms that are compliant with the new Laws. 

    It is imperative that you start using the new forms to protect your business and investments, today!

    Unfortunately, due to the amount of time and legal review needed to prepare these forms, prices have gone up. 

    The New Forms Pricing are as follows:

    Leases and Rental Agreements are $2 each

    NCR – 3 page carbon forms are $2 each

    All other forms are $1 each

    Lead-based paint pamphlets are $1 each

    Applications are 50 cents

    But, you can print your own applications for FREE!  Yes, that right…..ORHA is now giving away applications and form completion instructions for FREE. 

    Just visit the ORHA Forms Store at https://store.oregonrentalhousing.com/ and download your free copy today. 

    Photocopying is allowed for this form only!  We will still stock the printed forms at Pine Valley, but they will cost you 50 cents to acquire, as we have to order the printed forms from the ORHA office in Salem.

    2019 FORMS MANUALS are $50 each

    2019 LAW BOOK are $50 each and will be available at the end of the year

    LANDLORD BOOTCAMP BASIC TRAINING CLASS BOOK 2019 is $30. 

    This is the best comprehensive “beginning to end” Landlord/Property Management Manual, we have ever seen.  If you didn’t attend the class by Tia Politi, the Lane County President, then you definitely need the manual. 

    Prices and availability for the manual is limited, so get yours immediately, while supplies last.  We only have 30 copies left.

    Remember, some forms are “Online Purchase Only” and you will need to visit the ORHA Forms Store at https://store.oregonrentalhousing.com/ to purchase those forms.

    Also, when the Pine Valley office is closed you can purchase the forms online 24 hours a day. 

    Forms are $6.99 each for non-members and $2.99 each for members. 

    Use the your TVRA Membership Code:   TVRA.2011    

    This code is good until 31 August 2019 and a new code will be issued to only members on 1 September 2019.

    I have attached the TVRA Order Form, which lists all available Forms and Manuals.  The Order form lists each of the 67 Forms, Manuals, and Class Books that available and their current price. 

    You can complete this form and take it to the Pine Valley office to acquire your forms or complete the form at the office.

    Remember, you can write off your publication & forms purchases to your business and/or personal taxes, so please don’t hesitate to get the best industry forms available


  • July 26, 2019 4:46 PM | Anonymous

    By Tia Politi, ROA President


    With the passage of SB 608, buyers, sellers and realtors are finding that the law’s mandates are dramatically changing the world of property sales when there are tenancies of more than one year in place. The new law restricts a landlord’s ability to terminate a tenancy of more than one year to a for-cause termination, or for one of four Qualifying Landlord Reasons: 1) the property is being demolished or converted to a different use within a reasonable time; 2) the landlord intends to undertake repairs or renovations to the property within a reasonable time and the property will be unsafe or unfit for occupancy during repairs or renovations; 3) the landlord intends for the landlord or a member of the landlord’s immediate family to occupy the dwelling unit as a primary residence and the landlord does not own a comparable unit in the same building available that is available for occupancy; or 4) the landlord is selling the property separately from any other unit to a buyer who intends in good faith to occupy the dwelling unit as their primary residence.

    It’s becoming clear that especially for sellers of single-family homes, planning will need to start well in advance of offering their property for sale.

    Buying or Selling a Single-Family Home

    For an owner selling a single-family home occupied by a tenant for longer than one year to a buyer who wants to occupy the home as their primary residence, the new law requires that the tenant be provided with a 90-day notice of termination, and that at the time the notice is delivered the landlord also provide written evidence of the offer to purchase the unit not more than 120 days after acceptance (names and private information can be blacked out), and state that the buyer intends in good faith to occupy the dwelling unit as a primary residence.

    How is a seller to know if a buyer will want to keep the property as an investment and be willing to take on the existing tenancy, or if they want to purchase the home to live in? They won’t until they get an offer. If a buyer does want to live in the property and makes an offer, most buyers will need to get a mortgage to purchase, have an interest rate lock that expires in 45 days, and be required to occupy the home within 30 days after closing, so what are buyers and sellers to do?

    For a full cash sale, once the offer is accepted, the seller can provide the tenant(s) with ORHA Form #5A - Notice of Termination-Qualifying Landlord Reason, check the correct box, provide the evidence of the accepted offer to purchase, and pay the tenant the relocation expense of one-months’ periodic rent unless exempt. (Owners of four or fewer dwelling units are exempt from the payment of relocation expenses.) The notice must be prepared and served in accordance with ORS 105, and will remain in effect for the next owner. Even with an all-cash sale, however, the buyer could end up purchasing a huge liability if the seller failed to prepare and serve the notice in accordance with the law. The tenant could choose to stay and challenge the notice. If the buyer proceeds to eviction court, and they have inherited a defective or imperfectly served notice of termination, they could lose the case in court, have a judgment against them, possibly have to pay the tenant’s attorney, and start over again.

    In a case where a seller believes that it is likely the property would be sold to a buyer who wants to live in the property, and will need to get a mortgage to purchase, the best option may be to remove the tenant for another Qualifying Landlord Reason, such as the owner intends to undertake repairs or renovations to the unit within a reasonable time and the unit will be unsafe or unfit for occupancy during repairs or renovations.

    The question then becomes, how significant do the repairs or renovations need to be in order to claim the right to terminate? It depends. The owner may be challenged and have to justify their decision to a judge, so need to be prepared to think about this ahead of time. Many repairs or renovations would make a property unsafe or unfit for occupancy, and most contractors will refuse to do substantial work in a unit with tenants in place, but sellers should make sure they can justify the level of work they are doing to prepare to sell.

    Realtors encourage sellers to spruce up the unit prior to marketing, so a full interior repaint would likely qualify as would replacement of flooring throughout, kitchen or bath remodels, etc., but things like new windows may not as new windows can be installed from the outside and would not make the property unfit for occupancy during the install. (As a side note, remember that your insurance company will likely not provide full coverage for your unit if it is vacant for more than 30 days, so sellers should have a plan for that, such as a house sitter.)

    The Duplex Rule

    SB 608, does provide a narrow exception to the new termination rules for owners with two units on the same tax lot where one unit is their primary residence. The new law continues to allow termination of tenancy for no-cause with a 60-day notice, or with a 30-day notice if the property is to be sold and the buyer intends in good faith to occupy the tenant’s unit as their primary residence. If the buyer does not intend to occupy the tenant’s unit as their primary residence, then the tenant comes with the property. There are pitfalls in this scenario as well, and while the exemption exists for this type of property, landlords are still obligated to payment of the relocation expense of one-months’ periodic rent at the time the notice is delivered, unless exempt. (Owners of four or fewer rental dwelling units are exempt from payment of the relocation expense.) Use ORHA Form #5C – Notice of Termination – Two-Unit/Owner-Occupied Property.

    If the duplex is being held as an investment property and the seller does not live in one unit, but the buyer wants to occupy one side as their primary residence after closing, the same rules would apply as if for a single-family home. If the tenancy has been in place for more than one year on the side the buyer wants to live in, the seller would either have to issue the 90-day notice of termination – Qualifying Landlord Reason, for one of the four reasons allowed by law, or sell the property as-is and the buyer can issue the notice for the qualifying reason of wanting to live in the unit as their primary residence. Once the notice expires and the tenant vacates, the buyer can then move in.

    Cash for Keys

    This is a tried and true method for regaining possession of a property and nothing in the new law prohibits both parties from making a mutual termination agreement. Just make sure that the terms are clearly spelled out in writing, and that the agreement states what will happen if the tenant complies and what will happen if they don’t comply (It’s a smart decision to have an attorney draft the agreement). Also, don’t hand over the cash until the resident is ready to hand over the keys.

    Marketing an Investment Property

    SB 608 does not impact property sales where the seller and buyer are both investors and the buyer won’t be living at the property, but there are still issues that can make the property easier or more challenging to market – mostly in regards to the price of rents, the quality of the tenancies, and the completeness of the seller’s documentation.

    Owners who have under-market rents will find that their properties cannot prove sufficient cash flow to meet the demands of sophisticated investors, and they won’t be able to command the same price. If you are planning to sell an investment property in the not-too-distant future, and your rents are below market, plan ahead to increase rents within the limits imposed by SB 608 until your rents are market rate so that your property can command the best sales price.

    The quality of the tenants can help or hurt investment property sales as well. Residents who are keeping to their lease and caring for the property are a fantastic marketing asset for sellers; problem residents are not.

    The completeness of the seller’s tenancy documents can also help or hurt the sale. If there are gaps or flaws in your paperwork, fix them now before you market your property for sale, or be prepared to accept a lower price as a buyer will have to agree to accept the increased liability and correct the deficiencies.

    Paperwork Pitfalls

    What does good paperwork look like? The rental agreement and all addenda are complete, initialed, signed and dated by all adult occupants; the seller has good documentation on the condition of the units on move in; there are accurate tenant ledgers; and good notes and copies of notices regarding lease violations during the tenancy.

    Without good paperwork, a buyer may be purchasing liability. For example, the seller is marketing their property built prior to 1978, but has no signed lead-based paint disclosure. The penalty for this violation if reported to the EPA, is $6000. The buyer could require as part of the sale, that the seller fixes the deficiency in the paperwork so that they are not taking on that kind of liability. Or the buyer could agree to accept responsibility for fixing that problem after the sale, but use that deficiency to negotiate a lower price. To ensure they are fulfilling their fiduciary duty to their clients, Buyer’s Agents should request copies of all leases, addenda, and tenant ledgers and review them for completeness, or have an attorney review them. Also, any existing notices of termination should be reviewed by an attorney or professional consultant to ensure that they will hold up in court if the buyer purchases a property before a notice of termination expires.

    Planning ahead

    Depending on the timeframe required for renovations, if owners are planning to renovate ahead of marketing their property, they should think about providing notice to vacate in November, December or January to hit the sweet spot on the sales season. I can’t stress enough how essential it is that owners ensure their notices of termination are prepared and served perfectly. A defective notice of termination can result in a loss in court. For sellers that can mean a lost sale; for buyers it can mean a long delay in being able to occupy the property; and for both it can mean a court judgment against them, payment of attorney fees to the prevailing tenant, and starting the process all over again.

    Also, sellers need to consider that even with a good notice of termination in place, the tenants may not move out, requiring an owner to initiate an eviction action in court. If uncontested, the court process takes two or three weeks, with more time added if there’s substantial abandoned property to address; if contested, the process can be delayed further, so owners should factor that into the timing of the notice to vacate. And just to complicate matters even more, remember that tenants may still provide just 30 days’ notice to vacate which could throw off the timing as well.

    The takeaway

    A property sale with tenants in place for more than one year now requires better advance planning by sellers, more thorough investigation by buyers, and for realtors, it requires a higher level of due diligence than ever before. Fulfilling their fiduciary duty to their clients means educating themselves on the mandates of SB 608 and all of its intricacies to provide their clients with the best information possible as to the benefits, drawbacks and possible outcomes of selling rental property.

    This column offers general suggestions only and is no substitute for professional legal counsel. Please consult an attorney for advice related to your specific situation.


Disclaimer:

Treasure Valley Rental Owners Association (TVROA) Board Members and Mentors and Office Staff do not give legal advice. Any advice or guidance does not constitute legal advice. You should seek appropriate counsel for your own situation as needed.

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