FROM THE PRESIDENT - Don Schmidt
 The main topics presented in our March meeting were the screening of tenants, liquor license control as it exist in the City of St. Louis, and the eviction process. The presenters were Sue Bollegar of Apartment Tenant Services of America, Inc., Brian Wilson from the Liquor Control Office of the City of St. Louis, and Paul Rauls of the Carondelet/Holly Hills Landlord Association. All presenters did an excellent job and made some interesting points.
Sue explained in detail the thoroughness of the credit search that her organization performs. They have access to more information than we do as individuals. Not only does her organization perform credit searches, they also maintain a data base of bad tenants from input from her membership and will attempt to collect back rent for the members for a fee of 50% of what is collected. (Like I always said, 50% of something is better than 100% of nothing). I firmly believe if all landlords did proper tenant screening, it would have a significant positive impact on the rental property business and improve the neighborhoods. You as the landlord make the final decision on who will be your tenants. The more information that you have, the better your decisions.
Brian Wilson spelled out in detail how the people in a neighborhood can either prevent a liquor license being issued or prevent a liquor license being renewed. If your rental property is in a neighborhood that is being effected negatively by a local tavern or entertainment establishment, this information provided you the tools required to eliminate the problem.
A handout was distributed by Paul Rauls that explains in detail the mechanics of the eviction process. Landlords can do the total eviction process if they are the owner of the involved rental unit. In most cases, evictions are the result of poor tenant screening.
Our membership continues to grow, but members that come to the meetings remain about the same. To be an effective organization, we must have a participating membership. The information gained by the interchange between members at the meeting cannot be summarized in a newsletter and it is invaluable. Each member must ask themselves, do I really want "TO MAINTAIN AND IMPROVE PROPERTY VALUE, IN PARTNERSHIP WITH THE COMMUNITY, TO ATTRACT QUALITY TENANTS AND TO HAVE A SAFE, DESIRABLE NEIGHBORHOOD." Remember, there is no saturation level for knowledge. A knowledgeable Landlord is a good Landlord and an effective business person. Hope to see you at the next meeting.
AVOIDING DISCRIMINATION
Federal and state anti-discrimination laws limit what you can say and do in the tenant selection process. The following are three important basic points to keep in mind.
1. Your are legally free to choose among prospective tenants as long as your decisions are based on legitimate business criteria. You are entitled to reject people with bad credit histories, income that you reasonably regard as insufficient to pay the rent, or past behavior--such as property damage or consistent late rent payments--that makes someone a bad risk. A valid occupancy limit that is clearly tied to health and safety or legitimate business needs can also be a legal basis for refusing tenants. It goes without saying that you may legally refuse to rent to someone who can't come up with the security deposit or meet some other conditions of the tenancy.
2. Federal law prohibits discrimination on the basis of race, religion, national origin, gender, age, familial status, and physical or mental disability.
3. Consistency is crucial when dealing with prospective tenants. If you don't treat all tenants more or less equally, you are violating federal laws and opening yourself up to lawsuits.
When prospective tenants call about the rental, Its best to describe all your general requirements, such as, rent, deposits, pet policy, maximum number of occupants, and any special rules and regulations up front. Avoid changing or adding requirements after you have seen the applicant or during the application process.
Show the property to and accept applications from everyone who's interested. Even if after talking to someone on the phone, you doubt that a particular tenant can qualify, it's best to politely take all applications. Make decisions about who will rent the property later. Be sure to keep copies of all applications.
SUMMARY OF HB361
HB361 is a bill proposed by State Representative Brian H. May. The following is a brief summary of the bill pointing out some of the major items.
1. Permits landlords to initiate eviction proceedings against tenants who engage in or allow the illegal sale or possession of drugs on the rental property. If the evidence is submitted properly and the proper bond is posted, it could be possible to have a tenant evicted within 48 hours.
2. Shields the landlord from liability for claims that the tenant possesses or is distributing a controlled substance if such claims are supported by written notification of such activity by a law enforcement
agency.
3. Makes the tenant civilly liable for 3 times the amount of property damage that occurs after the tenant receives a notice to vacate.
4. If after seven days of a court - ordered eviction, a service officer fails to deliver possession of the premises to the landlord, the landlord may, in the presence of a law enforcement officer, remove property from the premises and place it outside at the nearest public easement. The landlord is not liable for property damage or loss unless removal is done in a negligent, willful, or wanton manner.
5. Permits landlords to remove property from property that has been abandoned.
6. Adds knowingly causing more than $750 damage to leased property to the conduct that constitutes first degree property damage, a class D felony. Damage to property worth less than $750 will be property damage in the second degree. This offense is raised from a class B misdemeanor
to a class A misdemeanor.
7. Establish a "Landlord-Tenant Court" for quick adjudication and resolution of landlord-tenant disputes, including requiring a return date of 10 days for each summons, an allowance of 10 days to file a motion for a rehearing, and 20 days for the rulings on such motions. The judges will be authorized to make findings of fact and conclusions of law, and will be able to issue orders for the payment of money, delivery of possession of residential property or any other equatable relief necessary to resolve landlord-tenant disputes.
It should be noted that this is only a brief summary of HB361 and does not include all the conditions of the Bill. Also, THIS BILL HAS NOT YET BEEN PASSED AND HAS NOT BEEN MADE A LAW. As it stands now, this bill looks favorable to rental property owners and you might want to contact your state representative and senator and make them aware of your position on this bill.
ITS A WINNER
Our next meeting promises to be a winner. We will have three guest speakers. You will meet Matt Villa the newly elected alderman in our area and Fred Wessels, the other alderman in our area. Find out what they have to say about the future of the city and what we can do to help them achieve success. You owe it to yourself, as an investor in the Carondelet/Holly Hills area, to be familiar with the elected officials and their plans, concerns, and the service that they can provide. We will also present Allen Weber, who is an attorney that is actively involved in legal issues pertaining to property management. Get the most out of your organization, be active, attend the meetings, and keep informed about your investment. Looking forward to seeing you at the next meeting on May 19, 1997 at 7:00pm.
WELCOME NEW MEMBERS
Barbara & Vasil Cuciureanu
Edna Morrison
Melvin Ossowsky
HELP WANTED
Our list of contractors & businesses in which the membership has had successful experience with and are presently using or will continue to use in the future continues to grow. We now have over 25 contractors and businesses on the recommended list. Be sure to pick up your updated list at the May meeting.
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