FROM THE PRESIDENT - Don Schmidt
This year is well on its way. Winter is over, I think we had a winter, and spring is coming in full bloom. I am happy to announce that our organization is now officially at 107 members. We not only retained the majority of our existing members, but we increased our membership by over 50%. I hereby declare our membership drive a success. It also points out the need for an organization such as ours.
The subjects discussed during our March meeting were legislation, taxes, and daffodils. But, we never promised you a rose garden. There was a high degree of interest in John Roth's presentation on the new Federal Tax laws. Some of the items he addressed were capital gains changes, depreciation, and buying, selling, and trading properties. A representative from "Operation Brightside" described the ongoing activities of this organization. Among them are all the daffodils along the interstate highways and Blitz days in the neighborhoods. For your
information, Blitz day for the Carondelet was May 2. Your tenants should have received a flyer from "Operation Brightside" concerning Blitz day.
Jim Magnus gave us a legislature update. He presented various House and Senate bills that are presently being considered in Jefferson City. The proposed legislation deals with such subjects as fair housing, property reassessment cycle, interest to be paid on Security deposits, legislation dealing with nuisance properties, seller disclosure statements, and possible property tax changes.
By a majority vote of the membership present at our March meeting, it was decided that the membership would conduct a mailing campaign to our state legislature on certain proposed Bills that relate to real estate, tenants,
and rental properties. The first proposed bill that was chosen was the requirement to provide interest to tenants on their security deposits. You should have received all the information required to send the letter to your state Representative on H.P. 1209 addressing security deposits to be held in interest bearing accounts. We will advise you of other proposed legislation that requires your attention via this newsletter. Please keep in mind that anybody can recommend new laws to their State Senators and Representatives. If poor types of bills are presented, and there is no resistance to them from other state voters, there is a good chance that these proposals could become law. Lack of interest is how poor proposed bills become law. Remember, rental property is your business. Stay involved and keep informed. Your business will be profitable and a asset to the community .
An organization of our size should be able to make a difference and work towards our mission, "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.
LEGISLATIVE REVIEW - Smoke Detectors - Jim Magnus
This column will review both recent and not so recent legislation that is helpful to landlords and their neighbors.
This month we will cover the Chapter 25.52, SMOKE DETECTORS, from the Revised Code, City of St. Louis, MO.
Your attention is brought to section 25.52.060 "OWNERS RESPONSIBILITY TO INSTALL, TEST AND MAINTAIN. You will note in this section the responsibilities that are on the tenant.
Reference is made to Ordinance 59376.
25.52.040 Location Requirements.
The owner of each existing dwelling or newly constructed or rehabilitated unit shall install at least one smoke detector to protect each sleeping area. In an efficiency, the owner shall install the smoke detector in the room used for sleeping. In all other dwelling units, the owner shall install the smoke detectors outside the bedrooms, but in the immediate vicinity of the sleeping area. An owner subject to this chapter shall install each smoke detector on the ceiling at a minimum of four inches from the side wall to the near edge of the detector or on a wall located 4 to 12 inches from the ceiling to the top of the detector and within 15 feet of all rooms used for sleeping purposes, with not less than one detector per level containing a habitable room and in the basement or cellar. The smoke detector shall not be installed in dead air space, such as where the ceiling meets the wall. Where one are more sleeping areas are located on a level above the cooking and living area, the smoke detector for such sleeping areas shall be placed at the top of the stairwell. An owner shall also install not less than one smoke detector on the upper most ceiling, not less than four inches from any wall, or on a wall, locate 4 to 12 inches from the uppermost ceiling of all the interior stairwells. For good cause shown, the Director of Public Safety or his designated Department Representatives have the authority to modify the location requirements of this chapter. (Ord 59376.4, 1985.)
25.52.050 Types of Detector.
The owner shall install a smoke detector which is capable of sensing visible or invisible particles of combustion and admitting an audible signal that may be wired directly to the building power supply, are be powered by a self-monitored battery. The smoke detector shall comply with all the specifications of the Underwriters Laboratories, Inc. Standard UL217 (Standards for Safety- Single and multiple station smoke detectors) 2nd Edition October 4, 1978 as revised May 19, 1983 or any recognized standard testing laboratory that certifies the detector meets the requirements of National Fire Protection Association (NFPA) Standard 72E and 74. Smoke detectors shall bear the label of a nationally recognized standards testing laboratory that indicates that the smoke detectors have been tested and listed under the requirement of UL217 2nd Edition or NFPA 72E and 74. (Ord 59376.5, 1985).
25.52.060 Owner Responsibility to Install, Test and Maintain. (also includes tenant responsibility.)
It shall be the responsibility of the owner to supply and install all required detectors. The owner shall be responsible for the testing and maintaining detectors in common stairwells. It shall be the responsibility of the tenant to provide and maintain functional batteries for each detector, to test and maintain detectors within dwelling units, and to notify the owner or authorized agent in writing of any deficiencies. The owner shall be responsible for providing each tenant with written information regarding detector testing an maintenance. (Ord. 59376.6, 1985.)
25.52.070 Enforcement and Inspection.
The Director for Public Service or his designated Department representatives shall have jurisdiction to inspect dwelling units for the installation of any smoke detector required to be installed under this or any other ordinance. Said inspections may be held between the hours of 9:00 A.M. and 5:00 P.M., Monday through Friday. (Ord 59376.7, 1985.)
25.52.080 Battery Removal Prohibited.
It shall be unlawful for any person to remove batteries and in any way make smoke detectors inoperable. (Ord. 59376.8, 1985.)
25.52.090 Penalty for Violation.
Any owner or other person who is convicted of violating any provision of this chapter shall be punished by a fine of not less than twenty five dollars ($25.00) or more than five hundred dollars ($500.00) or by imprisonment for not more than 90 days or by both such fine and imprisonment. (Ord. 59376.9, 1985.)
To help you comply with the "SMOKE DETECTOR" ordinance the following suggestions are made.
Under Section 25.52.060 --Owners responsibilities-- the owner (the landlord) should include this statement in the lease as follows: Tenants acknowledge that all smoke detectors were tested in their presence and found to be in working order, and that the testing procedure was explained to them. Tenants agreed to test all detectors at least once a month and to report any problem to the landlord/manager, in writing. Tenants agree to replace all smoke detector batteries as necessary. Tenants states that they have received a copy of the written information regarding the testing and maintenance of the smoke detector(s). This statement should be signed by the tenant(s). Give the tenant one copy and keeps one copy for landlord file.
To comply with the requirement "The owner shall be responsible for providing each tenant with written information regarding detector testing and maintenance", do the following. Make copies of the instruction sheet that comes with the smoke detector and give each tenant a copy, leave a copy in the unit and attached a copy to the leagues.
The above is for information purposes only. You must consult with an attorney if you have any additional questions or desire to take advantage of any parts of the above legislation.
THE ADVENTURES OF JETHRO - Tenant Screening, Why Bother? - Don Schmidt
Jethro has been a landlord for several years. In the past he has been able to rely on his gut feel when picking new tenants. Our story begins when he has a nice two bedroom duplex vacant.
Elvira looked to be in her late thirties or early forties. She said that she worked for the city of St. Louis and needed to find a place to live in the city. Jethro's feeling said that she would be a good tenant. He excepted her security deposit and the first month's rent and Elvira immediately moved in.
Everything was fine for the first four to five months. Then she stopped paying the rent. This is when Jethro discovered that she never worked for the City of St. Louis. Jethro filed for eviction. Shortly after the filing, he discovered vandalism to his outside central air conditioning units. Four units sustain damage and one unit had to be replaced. Of course the unit that had to be replaced was not the unit that cooled Elvira's duplex. Elvira showed up in court with some religious organization that provided the money for her back rent. The judge told Jethro he could not evict because the back rent was paid.
Things went back to normal for about nine months. Elvira again stopped paying the rent. Jethro again filed for eviction. This time he was determined to get her out of his duplex. Elvira again showed up in court with another religious organization who also paid her back rent. She again failed to pay any rent. Damage to other rental properties close to Jethro's began to occur. Jethro contacted a lawyer and instructed him to take the necessary legal action to get Elvira out of the his duplex.
After two to three months he succeeded in evicting Elvira out of the his duplex. Elvira left her calling card. She stuffed an uncooked chicken deeply in a heating vents of the duplex which left a terrible odor throughout the unit. She threw trash in the main sewer line and sewage backed up into both basements of the duplex. She took all the grates from the gas stove and all the shelving from the closets. Most of the screens in the duplex were destroyed.
In total, Elvira cost Jefro $2000 to $3000 dollars in lost income, legal fees, and repairs. To make matters worse, Elvira moved into a rental unit not more than three blocks away. That landlord obviously did no Tenant Screening and is in for some tough times with his/her new tenant who probably does not go by the name of Elvira any longer.
How many of us have done what Jethro did and got away with it. Did little are no screening and had no problems. I say to you that those days are over. The Elvira's of the world are on the increase and they are looking for the Jethro landlords. I myself have had to evicted more tenants in the past 18 months than I did in the prior 10 years.
The above story is true and happen to one of our members. The names have been changed to protect both the innocent and the guilty. The second landlord could very well be a member. Needless to say Jethro is now a
firm believer of tenant screening. They say that experience is the best teacher. Unfortunately, however, experience is usually a very expensive teacher.
CHECK YOUR CALENDAR
Our next meeting will be on May 18, 1998 at Southern Commercial Bank, 5515 S Grand at 7:00 P.M. This will be a special joint meeting with the Holly Hills Improvement Association (HHIA). Your President will be a guest
speaker and present "Landlords, What Good Are They". Another guest speaker will be Ron Bolte, President of the Carondelet Historical Society. Ron will describe the overall mission of CHS, some of its latest accomplishments and ways you can get involved in upcoming events.
HHIA has also invited us to participate in a ProChef gas grill raffle that will take place at this meeting. The grill is valued at more than $500 and donated by Laclede Gas. Tickets are $1 each and you can buy as many as you wish. Don't forget our regular meeting raffle. The prize is now up to $90. To win, all you have to do is be at the meeting.
ELECTION TIME
Election time is drawing near. The present Board of Directors was part of the Steering Committee charged with establishing a Landlord organization for the Carondelet Holly Hills area. That has been accomplished and the organization has grown, proving a need for such an organization. Now the organization needs new blood with new ideas. The present Board members have agreed to volunteer to head committees as required. This will be a great help to the new Board of Directors. Any member is eligible to be a candidate. Think about it. We plan to have elections on our July meeting.
NEXT MEETING
PLACE: Southern Commerical Bank - 5515 S. Grand
DATE: Monday, May 18, 1998
TIME: 7:00pm-9:00pm
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