EPA Seeks Imput for Lead Paint

EPA Seeks Small Businesses Input on Exterior Lead Paint for Public and Commercial Buildings


Contact Information: Dale Kemery (news media only) kemery.dale@epa.gov 202-564-7839 202-564-4355

WASHINGTON -- The U.S. Environmental Protection Agency (EPA) is inviting small businesses to participate as consultants for a Small Business Advocacy Review (SBAR) panel as the agency considers steps to reduce lead-based paint dust during the renovation, repair, and painting of the exterior of public and commercial buildings.

The SBAR panel will include representatives from the Small Business Administration, the Office of Management and Budget and EPA. The panel will ask a selected group of small entity representatives (SER) to provide advice and recommendations on behalf of their company, community or organization to inform the panel about the impacts of a proposed rule on small entities involved in the renovation, repair, and painting of the exterior of public and commercial buildings. SERs may participate by telephone, webinar or in person.

EPA seeks self-nominations directly from the small businesses, governments and organizations that may be subject to the rule requirements to aid in the selection of SERs. An entity is eligible to be an SER if it will be directly subject to the particular proposed regulation under development and meets one of the Small Business Administration’s definitions (http://www.sba.gov/contractingopportunities/officials/size/table/index.html) to qualify as a small entity.

EPA usually prefers to have the owners or operators of small businesses, community officials, and non-profit organizations participate for this purpose. However, a person from a trade association that exclusively or primarily represents potentially regulated small entities may also serve as an SER.

Self-nominations may be submitted through the link below and must be received by December 3, 2010.

Nominate yourself: http://www.epa.gov/sbrefa/lead-pncb.htm

More information: http://www.epa.gov/sbrefa/faq.htm

Crime Prevention Through Environmental Design

Crime Prevention Through Environmental Design also known as CPTED is field of knowledge developed in response to research demonstrating that the set up of some buildings deters crime while that of others invites crime. The concept of CPTED was originally designed to help reduce crime to a property (i.e. vandalism) CPTED is now known to help prevent crime from a property such as gang activity. Proper design and effective use of the built environment can lead to a reduction in the incidence and fear of crime, and to an increase in quality of life.

CPTED focuses on three concepts that attempt to reduce these factors so important to perpetrators:

Surveillance. Create clear and unobstructed sight lines in activity areas, reducing hiding places and creating the perception of witnesses.
Access Control. Emphasize primary entry points and minimize secondary outlets.
Define Ownership. Take pride in what is yours and challenge those who do not belong.
CPTED Strategies:

Clearly define the borders of space.
Clearly mark transition zones that indicate movement from public, to semi-private, to private space.
Locate gathering areas to places of natural surveillance and access control.
Put unsafe activities in safe spots, where surveillance is high and access is limited.
Place safe activities in unsafe areas. This will increase the perception of safety in these areas and help to establish territorial behavior.
Designate the use of space to provide natural barriers to conflicting activities.
Improve the scheduling of space to allow for more effective use.
Redesign the space to increase the perception of reality of natural surveillance.
Overcome distance and isolation through improved design and communications.
Why CPTED works:

Criminals usually commit crimes in "comfortable" environments. A criminal's comfort is heightened by isolation and concealment, where few witnesses exist and the chance of being identified is minimal. Criminals form perceptions about the environment surrounding a target, not the target itself. Any crime from a simple theft to the most heinous homicide will show that criminals are most fearful of being observed during the commission of the crime. Witnesses are the first step toward identification, arrest, prosecution and punishment for many criminals.

Sometimes, simple changes to an area can mean the difference between a desirable target and one that is uninspiring for the perpetrator.

The rotation of a school secretary's desk so it faces people who enter and leave the building can improve surveillance.
Educating normal users not to prop open doors for convenience can assist in better access control.
Community gardens enhance territoriality in those who tend to them and foster ownership in areas, which might otherwise be considered no man's land.
These are all simple examples of making CPTED work to improve security. CPTED requires some non-traditional thinking to arrive at the best solutions for a particular environment.

FIX it FRIDAY: What's wrong with my furnace

What’s Wrong With My Furnace?


When heat comes on, lights go dim

by Paul Bianchina

Q: We recently moved into a home with electric forced-air heat. In the winter, every time the furnace kicks on, the lights in the house dim for a nanosecond. Is this something that can be addressed or fixed?

Before we moved in we had to replace the electrical panel (it was made by a company that went out of business years ago because their panels were known to start fires), and I’m wondering if there is something associated with that we can correct. Any help before furnace season starts is greatly appreciated! –Lea


A: The dimming of the lights is caused by a voltage drop that occurs during the startup phase of the furnace. When your thermostat calls for heat, the electric elements in the furnace begin to heat up before the furnace motor kicks on, a process called “heat anticipation.” It’s set up that way so that the furnace fan doesn’t blow cold air through the ducts before the furnace itself heats up. So when you hear the furnace kick on, that’s actually the sound of the fan motor starting up and activating the fan itself.

A couple of possible problems come to mind: The wires leading to the furnace may be too small, or you may have a loose or corroded connection. There should be two circuit breakers on the furnace itself, and they may be loose or faulty. It’s also possible that the furnace motor is going bad, or that you have some problems with the fan, the belts, or other internal furnace parts that are requiring an excessive amount of electricity in order to get turning.

Given the fact that the panel was replaced recently, you definitely want to have an electrician come out to inspect everything — the new panel, the circuit breakers, wire sizes, connections (including the connection to the utility company wires), grounding, etc. All this should be covered under the one-year warranty from the electrical contractor who did the work. I would also strongly recommend that you have the furnace checked and serviced by a heating company that deals with your particular brand of furnace.

One other thing: Since the electrical panel was replaced recently, your local building department will have a record of the permit. I would suggest that you obtain a copy of that, and make sure that the installation was inspected and approved and that the inspector didn’t note any problems.

Remodeling and repair questions? E-mail Paul at paulbianchina@inman.com.
Copyright 2009 Inman News

Reduced Oil Program for Members

Earlier this month I was contacted by district manager Eddie Doyle of Alliance Express.

For those not familiar with the company Alliance Express has been providing heating and other comfort services to the community for over 90 years! They’re home comfort experts and are proud to provide our customers with responsive service and affordable heating oil pricing and payment plans. Some of the services they offer are...

· Competitive oil pricing programs
· 24-Hour emergency service, including Weekend and Holidays
· Preferred Payment Plan that spreads out your energy costs evenly over 12 months(we also accept Fuel Assistance Customers)
· Accurate and dependable automatic fuel oil deliveries (42 Trucks)
· Comprehensive Annual Heating and A/C Service Policies
· Highly trained and licensed service technicians (49 Techs)
· Expert heating and air conditioning sales, service and installations

Mr. Doyle and Alliance Express would like to create an Oil and Service Plan specifically for the members of the Greater Salem Landlord Association. If you have any interest in this money saving opportunity please contact me directly by email at M_Woodcock@verizon.net so that I may register you.

Landlord Support: Mediation for Results

Recently several members of the Greater Salem Landlord Association attended a workshop sponsored by housing authority Community Teamwork Inc and Greater Lowell Landlord Association.
Guest speaker Peter Shapiro of Mediation For Results discussed effective landlord practices and key responsibilities of a landlords life. Mr. Shapiro's organization supports independent income property owners with affordable help in all aspects landlord and tenant relationships. By learning to handle situations in a professional manner often times a landlord can avoid of prevent many crisis's from occurring. For more information about the Mediation for Results visit there website www.mediationforresults.org

More on Recycling and Trash

During our November on site meeting we had guest speaker, Lynn Murray from Salem's Recycling Committee, update the group on the current program. Tremendous improvement have been implemented to keep the city on the green path. If you wold like to be more involved with the recycling committee, they meet the first Monday of every month at the city hall annex: 93 Washington Street Salem Ma.

Ms. Murray will be updating us on the status of non-resident landlords being able to avail themselves to the recycling programs such as hazardous waste day and yard and leaf disposal. Currently if you are not a resident of Salem you are unable to participate in these events. The groups hopes that this policy is amended. Below is some additional information about the
Holiday Trash & Recycling Pickup Schedule

Veterans Day
Because of the Thursday, November 11th Veterans Day holiday, Thursday and Friday trash and recycling pickup will be a day late.

Regular Thursday trash and recycling pickup will take place on Friday, November 12th.
Regular Friday trash and recycling pickup will take place on Saturday, November 13th.

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Thanksgiving
Because of the Thursday, November 25th Thanksgiving Day holiday, Thursday and Friday trash and recycling pickup will be a day late.

Regular Thursday trash and recycling pickup will take place on Friday, November 26th.
Regular Friday trash and recycling pickup will take place on Saturday, November 27th.

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Reminder:

November 29-December 3, 2010 will be the last yardwaste curbside pickup of the year.

Salem announces a FREE pilot program for expanded e-waste recycling!

Northside Carting and Winfield Allied have partnered with the City of Salem to initiate a drop off e-waste recycling pilot program. Bring items from the list below to deposit in containers at DPS-5 Jefferson Avenue, City Hall Annex -120 Washington Street, 4th floor, and the Senior Center- 5 Broad Street.

Items included in expanded pilot e-waste program are:
Batteries
Battery back up units
Car Audio equipment
Cell phones
Computer wire
Digital cameras
Fax machines
Flash Drives
Gaming equipment (XBOX,PLAY STATION,NINTENDO)
GPS units
Home Stereo Equipment
IPods
Laptops
LCD panels-flat screen TV’s
Memory Sticks
Mp3 players
Office phones base and head set
Portable gaming equipment TOO
Power cords
Printers
Semi conductors
Servers
Telecommunications equipment
Telephone wire
Wire and wireless head sets for phone systems

Not Included: Anything covered by the current sticker program including CRT computer monitors, CRT televisions, Air Conditioners, Light Ballasts, Refrigerators and Freezers.

Making More Money

Marketing “Dead” Building Space

by Gary Zaremba
You need more money. The rent roll doesn’t cut it and the banks won’t return your phone calls. Before the ulcers set in, there might be some ways to squeeze more juice from the lemon.
Billboards: Let’s start at the top. If your building is near a major thoroughfare, you roof is a source of valuable income for very low maintenance. By placing a sign atop your structure, you can generate a monthly rental without doing a thing. A sign company changes the advertising which you can market yourself or sub out to an agency.
Down at street level you might be able to place more signage that advertises local businesses. These signs are much smaller in nature and usually would be placed for longer periods of time.

With both these ideas, you must consult local zoning codes to make sure you can place these signs.
Storage Lockers: Take a good look around your basement and the lightbulb might go off in your head signaling dollar signs. By turning dead rooms into paid storage space you can again invent money from nothing. For instance, placing private storage lockers in newly painted, well lit rooms will let your tenants keep more things without renting at outside facilities. Not only will this generate immediate income, it will also add another amenity to your building.
Laundry Rooms: Everyone in your building at some time will be down in the laundry room. This audience is captive and bored with time to kill. You can exploit this by setting up a locked display board and charging local merchants for putting in their ads. Tenants with items to sell or meetings to announce can also use this vehicle to reach their neighbors.
Roof Decks: Outside space! That’s all your hear from landlocked New Yorkers. If you can turn your roof into a patio area, a whole new area of revenue will open up. You can either subdivide the space and rent it out individually or make it a common area and adjust the rents accordingly. Here again, you’ve not only created more income, but you’ve added an amenity which will make your building more attractive to potential tenants.
Air Rights: Look up. It’s a bird, it’s a plane, it’s money raining down into your lap. The space above your building might not mean anything to you, but to a developer, it may mean big bucks. Here, it’s a good idea to consult your attorney to find out exactly what air rights you do have and what is the best way to sell or lease them.
Back Office Space: Sometimes all a business needs is space for a desk and a phone. A small storage closet or some dead space in a larger room could be converted into a commercial area for a small businessperson. As with some other ideas, this will have some upstart charges, but they will quickly recouped through you new rental income.
Yard Space: The back alleys or rear yards are sitting idle just waiting for the right idea to spring them to life. Many businesses need storage areas for machinery and equipment they don’t use everyday. If you have access which will not interfere with your other tenants and the hours that these areas are in use are limited, then you might have a workable solution.
Lobbies: Since essentially everyone who enters your building comes through the lobby, a display board similar to the one in your laundry room will generate income without costing you anything. It can be bright and cheerful and blend into your existing decor.
Consult Your Professionals: Your team of dedicated advisers will help you discover which ideas work for you. Your Engineer and Architect will help find out what is technically feasible, while your Attorney can help explain which ideas are legal for your building. Your Building Manager can help market and sell these new spaces to tenants.
In these slim times, it takes new thinking to just stay in place. Anything which can make you money without causing you headaches is worth a closer look.
COPYRIGHT 2010 Gary Zaremba

Do you have vacancies? Consider Specializing

Is Specialized Housing For You?

by Michael Monteiro

Particularly if you own a property in an urban area or near a university or center of business, many specialized tenant markets are just waiting to be captured.

Specialized property management may be just the solution you’ve been looking for to decrease vacancies and guarantee steady rental income.

When considering just a few of your options below, be sure that you take your property, location, property management style, and goals into consideration.
Section 8 and low-income housing
Essentially, the Section 8 program provides low-income individuals with government-assisted rent. Generally, tenants pay approximately 30 percent of a unit’s rent and the government pays the remaining balance directly to the tenant’s landlord.

In such a scenario, the Department of Housing & Urban Development (HUD) will determine the unit’s fair market rate (FMR) and the landlord is not allowed to charge the tenant anything over this amount. While it is up to you to choose whether or not to participate in Section 8, keep the following points in mind:
You will be subject to property inspection to ensure you meet HUD’s Housing Quality Standards.
You will not be able to charge a Section 8 tenant more than FMR.
Regardless of your state’s laws, you cannot evict a Section 8 tenant without judicial action for eviction.
While there may be some similarities, low-income housing is not the same as Section 8. Rather than receiving rental income from the government, property owners who run low-income properties are eligible for the Low-Income Housing Tax Credit (LIHTC).

But it’s important to bear in mind that these tax credits apply only if you adhere to the rules and regulations that determine who can live in your building and how much they can be charged. Not abiding by the rules that are set forth can result in a whole lot of headaches, not to mention economic loss.

Despite the red tape that can come with low-income housing property management, there is a large pool of renters in need of low-income housing. If your property is in an appropriate situation, low-income property management may be a good solution for you.
Student housing
College students can be a landlord’s best friend or worst enemy. The problems with renting to students are fairly straightforward. Generally speaking, you’re dealing with younger renters (many of whom may be living on their own for the first time).

With this in mind, you may be more likely to experience noise and upkeep issues. Because of the school schedule, you may also find yourself turning apartments over annually or having to deal with sub-lets during the summer months.
But there are some very real positives when it comes to renting to students as well, most of which are financial. If you are living in an area that houses a college or university, chances are you will have a more dense renting population than you would otherwise.

This means that—for at least nine months out of the year—students offer a very real way to keep your vacancy levels low. Also, while students may not inherently have a lot of income (or any at all), when a parent or guardian co-signs the lease, in most cases that monthly check is just as reliable as it would be under any other circumstances.
Sure, you may have to be a bit more hands-on than you would otherwise be when it comes to running student housing. But the bottom line is, they offer a nice steady flow of income.
Corporate housing
More likely than not, managing corporate housing is fairly different from any other kind of property management you’ve done to date. First of all, you’ll be dealing with a company rather than an individual tenant.

In most corporate housing situations, a company will rent out one or more rooms in a property, with the understanding that one or more of their employees or clients will occupy this space over the duration of the rental term.

The way this actually works out may vary from having one stable tenant for a year at a time to having a cast of different tenants in and out on as little as a daily or weekly basis.
The good news here is that signing a lease with a corporate entity allows property managers to feel relatively secure that payment issues will be avoided.

There are not necessarily downsides to this scenario, just things to consider that make this situation different from renting to an individual such as: assuming the responsibility for furnishing the unit; the potential inability to build a relationship with the tenant or screen for undesirable tenant behavior; and, in some cases, the knowledge that you will not necessarily have a tenant occupying the unit at all times to immediately alert you when repair and upkeep issues crop up.
If you are looking for ways to decrease vacancy rates and generate more income, remember: There are always ways to think outside of the box when it comes to property management. Before you undertake one of these (or any other) specialized property management endeavors, just make sure you have carefully thought out the pros and cons and are well versed on any specific tax considerations or rules and regulations that may apply.
Check out the Buildium Blog for more property management resources.

How to Win in Court

Documentation: A Landlord’s Best Friend in Court
by Nathan Miller

I was reading a property management advertisement the other day from a property management company trying to earn my business and on their information sheet they say “less than 1% of our leases end up in court”. 1%?!!?!? So as many as 1 in 100 leases end up in court. They were bragging about this, so perhaps other property managers are 2 in 100 or more? That tells me that of all the industries I participate in, the property management (landlord) industry by far and away spends more hours in a courtroom than any other that I’m aware of.
Nobody wants to end up in court, it’s a drain on valuable resources; time, money, energy. Then there’s always the worst that can happen and the tenant has a better case and walks away with the prize. Granted, some property managers run bad business and it is good that tenants have a recourse through the court system; however, in many cases property managers are doing their best and are just winding up defending a frivolous claim because the tenant felt they should really live in your house free for a year, plus emotional damage of course for the eviction letter trauma you caused.
This leads me to my next point. Documentation is EVERYTHING. Whether you’re initiating a proceeding and you’re sitting on the right side of the courtroom or a past or current tenant did and you’re on the left side, the best protection you can enter with is full and complete documentation of the event. Some may argue having an attorney at your side is the best protection; however, while attorneys do know the system well, I would certainly say having documentation is your first defense, and an attorney (if one can be afforded) will present that documentation. However, without the documentation the attorney won’t have much ammo to defend the case.
You never know what might end up in court, so it’s best to document everything
Here are some tips I’ve learned through the years:
Ask for it in writing. Unless you can legally and are recording every call and voicemail, a phone call is as good as nothing. Get it in writing whether it’s a complaint from a tenant, an invoice, an issue with a neighbor, whatever it is, get it in writing, scan it, and save it electronically where it can be easily accessible if needed.
Save all your receipts. Great tip not only for documenting repairs, etc, but this also provides solid proof of expenses in the event of a tax audit. I scan my receipts and upload them with the expense transactions to my property management software.
Take pictures. A picture is better than almost anything. If one person says it was this way, and another person says it was a different way, it’s simply word vs word and a court cannot make a decision. However, if one or another brings a picture to backup what they are stating their position all of a sudden is much stronger and can also discredit the others thereby not only proving this point but strengthening the whole case.
Take video. If you have a lot of area to cover, it may take a hundred pictures to cover everything. On the other hand, video handles this situation nicely. If you want to record the condition of a property for instance, walking through with a video is a great way to document the condition of a large area. Ideally use the highest quality video setting on your device so if need-be the video can be paused and details of that area can be seen. Also pan slowly as to be sure not to blur your video. Taking a video to document the condition of a property before a tenant moves in is a very good idea.
Save your documentation, pictures, and videos electronically in a safe place. Paper can be messy, especially if you have file cabinets (or chronologically filed piles as the case may be) which means it can take a very long time to find what your looking for. Scan and save your documentation electronically where it can easily be accessible if the need arises.
There’s a bit of a misconception about how hard it is to electronically store documents. Nowadays it’s very easy. Drop by your local office supply, Costco, Staples, or almost any electronics store and pickup a multi-function printer that includes a sheet feed scanner. They can be purchased for as little as $150. There’s also scanners designed strictly for the purpose of scanning documentation which work very well, do two sided scanning, rarely jam, and cost a bit more. Any of these options work. Also, most scanners include software to automatically save to PDF, which is a universal format that can be opened on any computer.
Now saving it somewhere safe. If you maintain your own IT infostructure, be absolutely sure you are backing everything up. Hard drives die all the timeand people can lose all their valuable data when this happens. Backup your data ideally off-site to a secure storage medium or online backup service. Another very convenient method is if you use a property management software that allows attachments and a file library, simply upload your documentation here for safe keeping and easy access, which is what I have found the most convenient.

is an experienced landlord and real estate investor with superb computer skills who co-created Rentec Direct property management software.

Leaky Roof: Where to find the problem and the solution by Jay Dee

So your roof is looking a little shabby and you are wondering when it's time to replace your roof. There are some places on your roof you can check, they tend to be the weakest points on the roof due to high volume of water or trees covering a section of a roof.

Asphalt shingles are a large blanket covering an area of a lot of moisture. Over the years it is quite common especially with bad ventilation to notice that the shingles curl upwards. Over the years the moisture need to find a way out, when the heat softens the asphalt the shingles actually go against gravity and curl upwards, cedar shake has a tendency to do this as well. over time the curling cause the shingles and shakes to split and crack. It generally takes three in a row to split vertically and trouble will begin.

Chimney and skylights over time have the ability to accumulate debris and moss growth around the base where they meet the roof. generally behind the chimney or skylight enough debris accumulates for the water to dam up and push the flow against gravity up a shingle and into the attic. you could stop this leak by cleaning around the flashing and making sure that water has a clear path towards the eaves trough.

Valleys are the area on a roof where two angled roofs meet and is also a point on the roof that has the most water running along it. Using steel in valleys is a common but new practice with the majority of the roofs have knitted shingles in the valley. Shingles are strong against the elements but are not designed to deal with that kind of flow of water. Valleys are probably the biggest reason roofs leak.

New Snow Policies that affect Property owners

Man's fall leads to a change in snow law
By Julie Manganis
Staff writer of the Salem News posted July 27, 2010

DANVERS — An elderly Peabody man's trip to Target to stock up on soap one winter morning ended in a fall and a broken pelvis.

Now, more than seven years later, his case has led to what one lawyer called a "sea change" in the law.

The state's highest court yesterday scrapped a 19th-century standard that absolved property owners of liability for accidents that occurred on "natural" accumulations of snow and ice, in favor of the same legal standard that is applied in all other slip-and-fall cases: Did a property owner use "reasonable care" to ensure that his premises were clear of hazards like snow and ice?

"This is a major, major decision," said former Massachusetts Bar Association President David White of the firm Breakstone, White and Gluck. "It reverses a century-old rule on the duty of landowners and landlords."

It also brings Massachusetts into line with other states, including states that get as much snow — or even more — than the Bay State.

Emmanuel Papadopoulos, now 84, drove to the Target store in Danvers on the morning of Dec. 20, 2002, to buy soap he'd seen advertised on sale. He parked in a handicapped spot, which happened to be next to a large pile of plowed snow.

As he left the store that cold morning and walked back to his car, he slipped on what he described as a "globber" of dirty, icy snow, breaking his pelvis in the fall.

A Suffolk Superior Court judge later dismissed his lawsuit against Target Corp., which owns the lot, and the Weiss Landscaping Co., which had been hired to plow the lot.

The judge found that the "globber" of snow (a word coined, apparently, by Papadopoulos) was a natural result of the snow pile freezing, melting and refreezing, as opposed to an unnatural or man-made condition.

Under a doctrine established in an 1883 case involving a Salem tenement owner, property owners in Massachusetts couldn't be held liable for what Mother Nature left behind, only for hazards that were the result of some action, or inaction, such as ice from a leaking gutter.

But that left a lot of room for interpretation — including in the Papadopoulos case.

The natural vs. unnatural distinction "has sown confusion and conflict in our case law," Supreme Judicial Court Justice Ralph Gants wrote in yesterday's decision.

"We now discard the distinction between natural and unnatural accumulations of snow and ice, which had constituted an exception to the general rule of premises liability that a property owner owes a duty to all lawful visitors to use reasonable care to maintain its property in a reasonably safe condition in view of all the circumstances."

The court held that it will now be up to a jury to determine "what snow and ice removal efforts are reasonable in light of the expense they impose on the landowner and the probability and seriousness of the foreseeable harm to others."

The ruling reverses the lower court's dismissal of the case and puts it back on the trial docket.

Emmanuel Papanickolas, the Peabody lawyer who represents Papadopoulos, said his client was "extremely happy" about the ruling.

"The decision is a well-reasoned, well-written decision by Justice Gants, and it's the right decision," Papanickolas said. "It's really a victory for all of the people in Massachusetts."

Papanickolas said injuries from falling on snow and ice can be devastating because they happen so quickly and because "there's no give on ice. It's like crashing into stone."

"I don't care whether it's natural or unnatural," said the lawyer, who called the ruling the most significant one he's achieved in a 50-year legal career. "The standard should be reasonable care. That's the standard for every other situation for a property owner."

"All of the other states seem to be doing just fine with this rule," said Danvers attorney Paul Moraski, who also represented Papadopoulos.

"It's a notice to landowners that they have to use caution," White said.

"You're better protected now," said Moraski, who called the decision "monumental."

"More people are going to clear their sidewalks and lots and clear them properly," Moraski said. "Before, you didn't have any duty to shovel at all."

"The only real losers here are the insurance carriers," Moraski said.

Indeed, the major opposition to the change came from attorneys representing insurance companies — including the lawyers who argued on behalf of Target.

Martin Rooney, who submitted a friend of the court brief on behalf of the Massachusetts Defense Lawyers Association, expressed disappointment in the decision.

"We did not and still do not see any reason for this sea change in the law," Rooney said. "This decision will engender a lot of litigation."

Rooney said that while other states use the "reasonable care" standard, their courts have had time to establish guidelines on what "reasonable" means.

"Right now," he said of yesterday's decision, "it's the wild, wild West."

Sign Ups for New EPA Lead Paint Classes

Just sent an email out today about any member interested in signing up for the new EPA Lead Paint Certification. The Greater Salem Landlord Members qualify for a group discount. Anyone interested in signing up please contact me. Classes are usually held Monday through Friday from 8am to 5pm with a half hour lunch break.

Another Holiday, Another Late Payment

This article was written by Kris Rudeegraap, Marketing Coordinator for RentPayment. For more information visit www.RentPayment.com or email krudeegraap@RentPayment.com or call 1-866-289-5977 ext 212.

Fourth of July weekend just passed and for many us that meant fireworks, BBQing, and celebrations with friends and family.
As with any holiday that falls in the beginning of the month, renters frequently delay paying their rent until they are back from vacation. Many companies give their employees the 5th of July off which means rent checks might be delayed even longer.

These rent payment delays can cause headaches and cash flow issues for property managers, along with unhappy residents who are hit with late fees. These issues can all be resolved by simply accepting electronic payments.
Electronic payments such as credit cards and e-checks make paying rent on time much easier. Residents can pay online or by phone and also have the option of setting up a recurring automatic payment that debits their bank account each month.
With an electronic payment solution in place, property managers can focus more on closing leases and spend less time collecting rent.
For holidays like the Fourth of July, residents can easily setup a one-time payment before leaving on vacation or have their recurring payment setup months in advance.
If you have more questions about electronic payments or want more information about signing up please contact a payment expert at RentPayment today.
This article was written by Kris Rudeegraap, Marketing Coordinator for RentPayment. For more information visit www.RentPayment.com or email krudeegraap@RentPayment.com or call 1-866-289-5977 ext 212.

More on Lead Paint Legislation

Published June 29, 2010 in the Salem News

Our view: New lead-paint rules a nightmare for contractors, homeowners

"Bureaucracy is the death of all sound work," Albert Einstein once said, and sadly, we haven't come very far since his time on this planet.

The latest victims of bureaucratic misfortune are contractors, and ultimately, homeowners, who make improvements in homes or other buildings that may contain lead paint.

Starting in April, the federal Environmental Protection Agency enacted a major change in how contractors deal with lead paint. The regulations have greatly increased the cost to consumers who want to have their homes painted or have work done that involves disturbing anything over six square feet in area that may contain lead paint.

Your bill will likely be 15 to 30 percent more under the new regulations. For people wanting to have the entire exterior of their home painted, the added cost will amount to thousands of dollars.

That's bad enough. For contractors, bureaucratic bungling has caused even more problems.

The new law calls for contractors to be professionally trained or face fines of up to $37,500 for each violation. But the EPA failed to ensure there would be an adequate number of trainers available to teach the 8-hour course. As a result, some states had no trainers in place when the law went into effect. Massachusetts had relatively few trainers — there were only a couple of dozen or so to handle the tens of thousands of contractors who needed to be trained. The entire state of Maine had only three trainers.

The net effect was many small contractors simply stopped working on homes that were built before 1978, the year that the United States banned the use of lead paint. Which means the pool of contractors has dwindled significantly.

Under howls of protest from Congress and trade organizations, the EPA last week postponed enforcement of the regulations until the fall, in hopes that trainers will catch up with the long line of contractors waiting to take the course.

No one would argue it's a bad idea to remove lead from homes and from buildings where children come in contact with it. Exposure to lead — in this case, through lead paint — can cause severe health problems. It is linked to developmental disabilities in children.

It's the disconnect between bureaucracy and the working world that it is supposed to regulate, that is most frustrating. Enacting laws from on high without giving contractors an adequate way to comply, is irresponsible. Congress should look into this matter, trace it through the EPA's chain of command, and hold the responsible bureaucrats accountable.

The United States banned lead from paint in 1978, and even back then we were decades behind the times. As early as 1904, doctors clearly traced lead paint's health impacts on children. In 1909, France, Belgium and Austria were the first nations to ban interior use of lead paint, followed in short succession by most European countries. America had a chance to join its League of Nations allies in 1922 in a ban on lead paint, but opted out.

Our efforts to catch up should be better planned than the fiasco we are currently witnessing.

Congress May Delay Fining for New EPA Lead Paint Laws

Congress may delay fining contractors and property owners until at least September to allow more time for training. The U.S. Senate voted 60-37 to approve a bill that would prevent contractors from being fined for not complying with a new U.S. Environmental Protection Agency rule on lead paint by blocking funds in a supplemental appropriations bill from being used to levy fines. A contractor who is not certified faces a fine of $37,500 per day. The bill, sponsored by Sens. James Inhofe, R-Okla., and Susan Collins, R-Maine, passed Thursday with the support of all of the Senate Republicans who were present and opposition from 36 Democrats and one Independent. The senator also called on the Senate Environment and Public Works Committee to hold an oversight hearing on the rule.

The EPA's Lead Renovation Repair and Painting Rule, which went into effect April 22, 2010, requires that renovations of homes built before 1978 be supervised by a certified renovator and conducted by a certified renovation firm to prevent workers from contaminating homes with potentially harmful lead dust.

The new law was not well advertised so no one was aware that it would become effective in April of 2010 and the EPA has too few instructors to train everyone before the deadline. As of May 7, there were 212 training providers to service the entire country with 10,000 courses offered*. Massachusetts had only five instructors to cover the entire state and the Moderate Risk Deleading training that most property owners were certified in was not accepted by EPA as proper training.

The bill's passage is a sign that "there is bipartisan concern about the disastrous implementation of EPA's lead-based paint rule," Inhofe said.

Inhofe and Sen. Tom Coburn, R-Okla., have also introduced another bill that would put off enforcement of the lead paint rule for at least a year, until contractors have a chance to take the required training course.



*EPA says that as of June 14, 2010, 247 accredited training providers have conducted more than 15,000 courses.

Tenant Rights Landlords Should Know

As landlords learn to be better landlords and tenants learn to be better tenants, frustrations, costs, unnecessary complexity, and animosity wane from the historically bitter tenant/landlord relationship, breaking new ground in the way rent is approached. Let's begin making this world a better place, one renter and one landlord at a time with the fundamentals - basic tenant rights.

The following review of rights will hopefully provide a basis on how to act in certain situations, be you a landlord or tenant. The goal today is to shed light on how to prevent mishaps and act appropriately when mishaps do occur without ever overstepping the legal parameters, designed to protect both landlords and tenants under the cloak of Tenant Rights. Let's start with the tenant selection process - don't discriminate!

No Discrimination - It is illegal to reject tenant applications based on discriminatory reasons, set forth by the Fair Housing Act. Discrimination based on the following is illegal, (so don't get the Department of Justice on your back) race, color, religion, national origin, age, familial status (children, pregnant), physical or mental disability.

Obvious enough, right? Think again. How many times have you heard "I only want girls living here; boys are too messy." Maybe, you even heard the sentence flipped around. Regardless, the gender stereotype is insufficient to circumvent discrimination laws, and it is illegal to operate in this fashion. In fact, it is even illegal to advertise in any discriminatory way. There is, however, an exception to the rule worth noting - Landlords with 4 or fewer rental units are exempt from such discriminatory laws, so spare yourself the litigious thoughts if you got rejected by Mrs. Smith who won't rent you her basement (her only rental) because you are a 21-yr old, male, student/party connoisseur.

Other exceptions to the rule include housing specifically designed to meet certain needs of certain people. Example: retirement home, low income housing etc.

Next, the tenant has a right to "Habitable Premises." Here's another deceptively dicey one. As it may, again, seem straightforward and obvious that all living conditions must be safe and clean for tenant use, it is often mistaken by the tenant that a gross infestation, for example, of rats or cockroaches is justification for breaking the lease. This, however, is not always the case. If the infestation or poor living condition is a result of the the tenant's lifestyle, than the tenant is financially responsible for the correction, and it provides no grounds to legally break the lease agreement. It is however, the landlord's responsibility to respond to a tenant request regarding the treatment of the inhabitability issues, but the bill may be forwarded from landlord to tenant.

Why Is it Important for your Residents to have Renters Insurance?

Nowadays more property management companies are requiring that residents carry personal liability coverage as a condition of their lease agreements. One reason why they are requiring it is simply because many renters do not choose to obtain it voluntarily. The question of whether to purchase various types of elective insurance is difficult for many because it is money spent on the unknown. This can be especially true of renters insurance. Although many people are long-term renters, many residents live in their properties temporarily and do not want to invest any additional funds in renters insurance. Overall, most renters don’t believe they need insurance. A survey conducted by Cambridge Reports, Inc, for the Insurance Information Institute found that fewer than 3 out of every 10 renters purchase renters insurance. So why should any resident invest in renters insurance and why is it important for you to require it?
Renters insurance provides a simple peace of mind when it comes to the resident’s valuables and personal liability. Nearly 75% of residents have no renters or liability insurance, and community owners often end up paying the price. Losses can be in the form of damages caused by fire, smoke, explosion, and in some instances, water.
Have you ever thought about what would happen if you or one of your residents accidentally started a grease fire and it damages one or more of your units? Don’t think it can’t happen. The Wall Street Journal recently reported a fire that swept through an Austin, Texas apartment building leaving all the building’s units uninhabitable and 20 tenants without homes. Just this month an apartment fire in Detroit took the lives of a mother and her 3-year-old son. Investigators said the fire started on an electric stove. Catastrophes such as these could easily happen on your property and cause immeasurable damage.
Policies for renters insurance will cover your residents’ personal property in the event of a fire, theft, or other liability damages. The policy can also cover living expenses if there are forced to vacate their home because of damages due to a covered loss.
By encouraging your residents to obtain insurance you are informing them that they are the ones responsible for potential losses or personal liability. Explain to them that renters insurance is really the only security they have to replace their belongings in the event they are damaged or destroyed, and to protect their personal liability if others are accidentally injured in their home. Requiring renters insurance can ultimately offer peace of mind to both the property manager and the resident.

Deflation? Inflation? Lessons from the Three Little Pigs

by Steve Stanganelli, CFP ®, CRPC ®
Just when you thought it was safe to get back into the investing waters, talk of deflation has creeped back into conversation.

Why does it matter? Well, how you position your portfolio to deal with these two scenarios will make a big difference to your personal bottom line.

With inflation, your money is worth less the longer you hold onto it. So you’re more likely to spend in the now because prices may be moving up.

With deflation, your money may buy more later the longer you hold onto it as prices continue to drop. (Not good for a seller but a better deal for a buyer – just ask someone trying to sell a house in Florida these days).

Since consumers respond differently to these two opposing forces, the ultimate direction of them can have a decidedly different impact on how the recovery progresses because of the way consumers react and business respond to their actions. Ultimately, this will impact how to position an investment portfolio accordingly.

The Right Hook
During a fight a boxer may expect to be hit from both the right and left. It’s just not known when and with how much force. But a good boxer, like a Boy Scout, knows to be prepared.

First the economy has been peppered with jabs from the right that could result in higher inflation: expanding money supply, ballooning government deficits, higher commodity prices, weak currency value.

Given the huge inherited, current and projected government deficits here and abroad, the conventional thought has been that all of this government stimulus will ultimately result in “crowding out” private investment and raise the ugly head of higher inflation down the road. The prospect of higher taxes to pay for these past deficits also lends support to these thoughts.

Recent run-ups in certain commodity prices like oil and energy products have resulted in a rise in consumer prices in January bolstering fears of inflation.

The Left Hook

Now comes the left hook – the deflationary threat: asset prices continuing to fall, increasing slack in industrial capacity, and continuing pressure keeping a lid on labor expenses because of high unemployment.

Credit is still tight with bank lending down. While dollars have been pumped into the economy through the TARP program, it’s mostly sitting in bank vaults. Money that isn’t circulating isn’t a cause of inflation.

Recent economic reports have indicated that core consumer prices actually are flat, well below the 10-year average of 2.2%.

Despite some recent reports, housing prices and rents are down and still expected to fall in key markets, dampening the immediate threat of inflation.

Defensive Portfolios: Lessons from Spencer

The best and strongest home depends on your environment and the threats faced.

Each evening before putting our infant son, Spencer, to bed, we read a story. The favorite for now is


The Three Little Pigs
(undoubtedly because of Spencer’s dad’s animation).
We all know the story: Three pigs, three houses built from different materials, one pig survives because of his well-built brick house.

The same can be said for portfolios. Heck, a house of sticks can provide some shelter in some circumstances but what happens if a big bad wolf shows up?

Since we don’t know which type of bad wolf will be showing up at the door (inflation or deflation), it makes sense to be positioned to survive either threat.

The elements of a portfolio will likely be the same regardless of an investor’s mind-set. The differences will be in the proportion of the components used.

Inflation Protection Portfolio
To protect this type of portfolio consider elements more likely to retain value even as inflation increases. Example: Commodity funds or ETFs; inflation-linked fixed income funds that include TIPS and/or floating rate notes; Real Estate Investment Trusts or REIT funds (10%); Cash to take advantage of higher short-term interest rates.

Deflation Protection Portfolio
The majority of this type of portfolio is positioned in long-term Treasurys followed by cash and municipal bonds. As consumer prices and interest rates fall, the fixed income stream from the bonds would be worth more.

To protect against surprise inflation, a smaller proportion would be set aside into TIPS, commodities and higher-quality/large cap US stocks.

Little Pig, Little Pig, Let Me In
Not sure where the market will go? Not sure which threat to expect? Learn from the third little pig: Build the strongest house possible.

If there is inflation, the economy will be expanding. As such equities will be the place to be. So consider an allocation of 20% to 25% in the US and a like amount in foreign equities. A portion of these equities should include high-quality firms that are dividend-paying. Commodities and cash will likely benefit from inflation so a 10% allocation to each is prudent. The fixed income component can include some exposure to TIPS (5%) as well as intermediate high-quality bonds (20% – 30%).

To hedge against the risk of deflation, a portfolio with exposure to municipal bonds (5%) and long-term Treasurys (5% – 10%). And some of the equity portfolio should include exposure to consumer staples that tend to do well in such an environment.

To provide some added diversification consider adding positions in companies that focus on infrastructure and firms that can maintain pricing power like utilities, pipeline operators and the like.

Taking these steps should allow an investor to sleep better at night. At least it works for Spencer.

About Steve Stanganelli, CFP ®, CRPC ®
Steve Stanganelli, CFP ®, CRPC ® is a five-star rated, board-certified financial planning professional with over 20 years of investment and banking experience coaching individuals and businesses on ways to improve and protect their bottom line.
His practice encompasses qualified plan design, retirement income planning, investment management, college funding strategies and exit planning for business owners and professionals.
Steve is a published author on financial matters and has appeared on Boston-area TV and radio. He has also presented on real estate investing strategies to the Greater Lowell Landlord Association.
Steve holds the CERTIFIED FINANCIAL PLANNER ™ and CHARTERED RETIREMENT PLANNING COUNSELOR(sm) designations and has been awarded a Five-Star Quality Rating by independent advisor rating service, the Paladin Registry, earned by fewer than 3% of financial planners.

See his insightful blog: http://moneylinkpro.wordpress.com

Rental Property Quick Fixes

by Michael Monteiro

When it comes to tiny property repairs, a molehill can very easily become a mountain if it’s not resolved quickly.
Whether you’re a DIY kind of person or would prefer to have a contractor or handyman take care of your property’s repairs, time is of the essence.
Not only is it important to take care of repairs and maintenance quickly for your tenants’ sakes, but also for your bank account’s. In so many cases, a little problem that goes unaddressed can turn into a big, expensive problem not so far down the line.
Budget for the unexpected.
Setting money aside for those unexpected repairs that always come up sooner or later is one of the smartest moves you can make as a landlord. No matter how good your intentions are, it’s almost impossible to move on any repair quickly if the funding simply isn’t there.

Move quickly, no matter how innocent an issue appears.
Cracked plaster? Leaking roof? Chipped window? All of these are examples of “little” issues that are easy to set aside, but will only grow with time. Cracked plaster can easily begin to crumble, resulting in a much bigger mess. A leak can expand and run rampant, causing significant water damage. A tiny window chip can quickly spread, leaving no other option than a complete window replacement.

Maintenance and small repairs go hand-in-hand.
There are some maintenance duties that count just as much as repairs, and should be performed just as efficiently. Cleaning gutters on a bi-annual basis, for example, is critical. Sure, it may not seem like the most pressing job, but you’ll save yourself a lot of money in the long run. Other regular maintenance work that staves off big repairs includes: draining your water heater (once a year); cleaning stove grease filters (every time a tenant moves out); and turning off the water for exterior water faucets (every year when the temperature dips below freezing).
Keep the basics on-hand.If you choose to take the DIY route when it comes to repairs and maintenance, make sure you have the basic tools you’ll need to complete a range of tasks on-hand. You’ll be much more likely to take care of things quickly if everything you need to do it is easily accessible. Click here for tips on putting a basic home repair tool kit together—and, of course, you can add to this kit over time.

Have a professional in mind ahead of time.
Much as it pays to budget for problems before they happen, it also pays to research handyman and contractor options ahead of time. If you already know exactly who the man for the job is, you won’t have to waste any time once the need for a repair crops up.
Repairs don’t have to be a big deal. But they may well become one if not addressed in a timely manner. Having a plan of action in place before repair items ever arise and a no-holds-barred attitude about addressing them immediately is a great way to save yourself a lot of money in the long-run.

Michael Monteiro works for Buildium LLC, maker of online property management software and landlord software for professional property managers, condos and homeowner associations (HOAs) and is author of the The Buildium Property Management Blog.

Advertising your Vacant Rentals

These days there seems to be an abundance vacant apartments for rent. Making your vacant rental units stand out from the rest may take a little bit of effort, particularly when there are a dozen other apartments similar to what you are offering. Scroll through any of these rental sites and it’s immediately apparent that most rental listings use a very specific formula. All you have to do is break that mold and you’ll be much closer to making sure that your listings grab the attention of potential renters.

Make your listing title count.
Set yourself apart from the pack from the get-go. Rather than using a standard listing title like $995 – 1 bd/1 ba, take advantage of the listing title as your first opportunity to appeal to potential tenants. After all, if they never click on your listing, posting it is a futile effort.

Obviously, you’ll need to keep the title short, but that doesn’t mean you can’t provide enough information to reel potential tenants in. While you’ll want to include the number of bedrooms in your listing title, it’s also a great place to showcase your unit’s amenities or unique features. Some things you may want to consider featuring in your listing title are: on-site washer and dryer, off-street parking, heat and hot water included, or any rental incentives you’re offering. Titles are also a great place to highlight distinctive unit characteristics like a fireplace, alcove, or garden.

Be as specific as possible.
There’s no reason to hold back—make sure your listing gives potential renters as much information as possible as well as a real flavor for the unit. Avoid generic adjectives like “nice” and “great” and instead use words that really help potential renters visualize the unit: spacious, bright, classic, or modern. When deciding which listings to pursue, potential tenants are more likely to take action on those listings that leave a lasting, visual impression. Carefully chosen, specific adjectives are one of the most effective ways of creating this sort of image.

Be thorough in your description.
Really take your time when it comes to writing your listing, and make sure you’re including all of the features that make your unit unique. Some of your biggest selling points may not be amenities at all but, rather, things like the fact that your building is on a quiet street or close to grocery stores and shops. But again, take your time writing these listings; sometimes it’s hard to see the most impressive or note-worthy things about a place you’re overly-familiar with.

A picture says a thousand words.
Particularly on Craigslist—which has a specific search function that eliminates listings without images from user results—you’ll want to include pictures with your rental listings. A tip about images: Some rental listings include pictures of dirty or messy apartments simply because the property manager cannot do anything about tidying up while the departing tenant is still occupying the unit. Even though potential renters understand the unit will be cleaned before it’s rented out, untidy apartments still don’t leave a great first impression, and that’s what listings are all about. To avoid such situations, always keep stock pictures of your units on-hand for use in this type of scenario.

New Lead Paint Requirements commencing April 22, 2010

RRP RULE AND NEW LEAD-SAFE PRACTICES REQUIREMENT AFFECTING LANDLORDS BEGINNING APRIL 22, 2010

The EPA has issued a Renovation, Repair and Paint rule (RRP) requiring the use of lead-safe practices and other actions aimed at preventing lead poisoning. Under the rule, beginning April 22, 2010, landlords and contractors performing renovation, repair and painting projects that disturb lead-based paint in rental property built before 1978 must be certified and must follow specific work practices to prevent lead contamination. Common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children.

What types of properties and facilities does the lead paint rule apply to?

The RRP Rule applies to "residential houses, apartments, and child-occupied facilities such as schools and day-care facilities built before 1978." In addition, the rule must be followed when "repair or maintenance activities disturb more than 6 square feet of paint per room inside, or more than 20 square feet on the exterior of a home or building." Renovation is broadly defined as any activity that disturbs painted surfaces and includes most repair, remodeling, and maintenance activities, including window replacement.

Exceptions?

The EPA outlines activities which are excluded from the rule, such as emergency repairs and "minor' repair or maintenance, including work with less than six square feet of disturbed interior space. However, the EPA specifically states that "window replacement" is not minor repair or maintenance.

Who must follow the rule?

According to the EPA, the rule applies as follows: "In general, anyone who is paid to perform work that disturbs paint in housing and child-occupied facilities built before 1978, including but not limited to: residential rental property owners/managers; general contractors; special trade contractors including painters, plumbers, carpenters and electricians." As to landlords and property managers, the EPA booklet says, "The receipt of rent payments or salaries derived from rent payments is considered compensation under the EPA's lead paint rule. Therefore, renovation activities performed by landlords or employees of landlords are covered [by the rule]."

What are some of the rule requirements?

Rental property owners or contractors working on your rentals, who renovate, repair, or prepare surfaces for painting in pre-1978 rental housing must, before beginning work, provide tenants with a copy of EPA's lead hazard information pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools. Owners of these rental properties must document compliance with this requirement. The EPA werbsite provides a sample pre-renovation disclosure form, which may be used for this purpose.

Understand that after April 22, 2010, landlords who work on their own properties or contractors doing the work, and perform above mentioned projects in pre-1978 rental housing, must be certified and follow the lead-safe work practices required by EPA's Renovation, Repair and Remodeling rule. If you are the landlord/owner and do the work yourself, you must be a trained renovator. You are allowed to teach any workers helping you and they perform the work under your training. And, if you aren't a contractor, and are an owner/landlord, then besides being "a trained renovator", you have to file with the EPA that you or your company is certified and responsible for your trained workers.To become certified, property owners and contractors must submit an application for certification and fee payment to EPA.

A "certified renovator" must be assigned to each renovation project, and "must be available, either on-site or by telephone, at all times renovations are being conducted." This person must have completed an 8-hour training course approved by the EPA. A full list of providers is listed at: http://www.epa.gov/lead/pubs/renovation.htm

Property owners who perform renovation, repairs, and painting jobs in rental property should also:
* Learn the lead laws that apply to you regarding certification and lead-safe work practices beginning in April 2010.
* Keep records to demonstrate that you and any one working under your supervision have been trained in lead-safe work practices and that you followed lead-safe work practices on the job. To make recordkeeping easier, you may use the sample recordkeeping checklist on the EPA website that was developed to help renovators comply with the renovation recordkeeping requirements that will take effect in April 2010.

Any requirements for homeowners working at their own Home?

If you are a homeowner performing renovation, repair, or painting work in your own home, EPA's RRP rule does not cover your project. However, you have the ultimate responsibility for the safety of your family or children in your care.

Any additional requirements for Contractors working on your rentals?

Any contractors who perform renovation, repairs, and painting jobs on your rental property should also:
* Take training to learn how to perform lead-safe work practices.
* Find a training provider that has been accredited by EPA to provide training for renovators under EPA's Renovation, Repair, and Painting (RRP) Program.
* Please note that if contractors previously completed an eligible renovation training course they may take the 4-hour refresher course instead of the 8-hour initial course from an accredited training provider to become a certified renovator.
* Provide a copy of your EPA or state lead training certificate to landlord clients.
* Tell landlord clients what lead-safe methods you will use to perform the job.
* Learn the lead laws that apply to them regarding certification and lead-safe work practices beginning in April 2010.
* Ask landlord client to share the results of any previously conducted lead tests.
Provide landlord clients with references from at least three recent jobs involving homes built before 1978.
* Firms are required to be certified, their employees must be trained in use of lead-safe work practices, and lead-safe work practices that minimize occupants' exposure to lead hazards must be followed.
* Keep records to demonstrate that you and your workers have been trained in lead-safe work practices and that you followed lead-safe work practices on the job. To make recordkeeping easier, you may use the sample recordkeeping checklistfrom their website that EPA has developed to help contractors comply with the renovation recordkeeping requirements that will take effect in April 2010.
* Read about how to comply with EPA's rule in the EPA Small Entity Compliance Guide to Renovate Right.
* Read about how to use lead-safe work practices in EPA's Steps to Lead Safe Renovation, Repair and Painting. NOTE:


What is the penalty for landlords or contractors who do not comply with the EPA rule?

Fines for violating RRP Rule requirements can be up to $37,500 per incident, per day.

Above excerpts are taken in part from the EPA website. For additional information, clarification or answers to frequently asked questions, refer to the EPA website.

Comments and Opinions

Comments and Opinions are welcomed on this blog. Glad to know that folks are interested in reading this blog. Although it would be extremely helpful if you could translate your comments into english. Of late, several comments are in chinese. I've attempted to translate (using a universal program) the last comment left on the "Tax Tips" post to:

Success is a ladder, his hands in his pockets was not climb the. ........................................

I'm just not sure that I've done this translation justice.

Tax Tips for Income Property Owners

Landlords can greatly increase the depreciation deductions they receive the first few years they own rental property by using segmented depreciation.

Careful planning can permit you to deduct, in a single year, the cost of improvements to rental property that you would otherwise have to deduct over 27.5 years.

You can rent out a vacation home tax-free, in some cases.

Most small landlords can deduct up to $25,000 in rental property losses each year.

A special tax rule permits some landlords to deduct 100% of their rental property losses every year, no matter how much.
People who rent property to their family or friends can lose virtually all of their tax deductions.

Question for discussion: Tenant misses work, should property owner pay?

Q: Due to excessive flooding tenant stayed home from work to monitor the water level and salvage personal belongings stored in the basement. As a result, the tenant requested the property owner for reimbursement of lost wages. Should the landlord compensate the tenant? What is your opinion?

A new Domestic Violence bill (SB2274)

Alert
SB 2274 UPDATE March 3,2010
Update on S B 2274 An Act relative to housing rights for victims of domestic violence.
A new Domestic Violence bill (SB2274) has come out of the Joint Judiciary Committee with significant changes to the original legislation. This bill is a vast improvement over the original House and Senate bills. It seems the committee listened to the testimony of MRHA members who testified at these public hearings. Read the bill at www.massrha.com.
Basically the bill would make victims of domestic violence a protected class. Landlords would not be able to deny renting to tenants that can prove they are victims of domestic abuse by a "qualified third party" which includes licensed mental health professionals, law enforcement officers, officers of the court, licensed doctors, and others.
SB2274 will allow a tenant (victim of domestic violence) to break a lease without the loss of any money beginning the following month. After a do- mestic violence event the tenant has up to six months to move under this provision. Any last month rent or security deposit would be returned unless the owner has cause to keep a portion of security deposit.
The landlord would not be able to evict a tenant who is sheltering a domestic abuse victim (sibling, friend) move in to their unit for less than four weeks.
The landlord would retain the right to evict a tenant if they become a problem for other tenants or cause damage, but could not evict for the domes- tic violence event.
"Nothing in this section shall interfere with any rights or remedies not proscribed herein and available to an owner to protect other occupants or other persons lawfully on the premises or to protect the premises from physical harm."
The last provision of the bill is that at the tenant can ask that the exterior locks of the building be changed. If so requested, the owner, upon ac- knowledgement of the tenant being a victim of domestic violence, rape, sexual assault or stalking, has forty-eight hours to comply. The tenant can be charged "the normal cost in the community" for the locks to be replaced.
This bill is now heading to the Ways and Means Committee and if passed favorably in that committee then there will likely be a vote on the floor.
All landlords in the state owe a debt of gratitude to MRHA members who took the day off from work to testify and to those who called or wrote their legislators about their concerns. Because of their testimony we now have a bill that is a significant improvement over the original legislation. It rec- ognizes the rights of other tenants and physical damage done to the property.
To voice your concerns about this bill you should contact your legislator if they sit on the Ways and Means Committee. It is too early to contact all our reps until we know what changes the Ways and Means committee makes.
### MRHA is closely monitoring this bill!
THIS BILL WILL HAVE TO PASS THE WAYS AND MEANS COMMITTEE THEN BE VOTED ON IN THE FULL LEGISLATURE.
Find out who your Representatives and Senators are www.mass.gov and click on "legislators" on your left, or www.wheredoivotema.com and enter your street address.

Dealing with Flooded Basements

As noted in the previous post, Governor Deval Patrick declared Massachusetts was in a state of emergency after 2 major rains storms this past month of March. If your basement has undergone a flood, the first step is to remove the water. If the flooding is minor, then all you need to do is mop the wet areas up with a mop or old towels. However, if the flooding is major, it’s time to bring out the big weapons.

If you don’t have one of the following: portable sump pump, wet vacuum, or wet shop vacuum, go to the store and purchase one or see if you can borrow one from someone that you know. Additionally, places are available where you can rent these. Look in your local telephone book for contact information if you decide to rent the equipment.

You need to consider a few things when determining which equipment you are going to use. The sump pump will require an outlet for the water to be removed. Realize that if your basement is flooding, then the existing drains in your basement may be inaccessible for draining purposes. You will probable need to obtain a long hose to attach to the sump pump so that you can hang it out the window and as far away from the home as possible.

If you select the wet vacuum, realize that it will only be a matter of minutes before you have to empty the holding receptacle. The wet shop vacuum will hold more water, but it will be heavier and more difficult to empty, especially if you are trying to empty the water outside of the home. Make your decision wisely.

Once you have the equipment that you need, begin to remove the water. The best place to begin is most likely the area that is going to sustain the most damage if the water sits. Another option is to begin on the highest section of the room where the water is the lowest and work your way in to the larger pools of water.

If the rain has stopped, open the windows to allow moisture in the air to escape. This will help with the drying out process. Once the water has been removed from the floor of the basement, it is time to begin drying the area as completely as possible ass quickly as possible.

If your heating system has not been affected by the flooding, turn the heat to a higher setting to help with the drying out process. However, remember to open the windows to allow the moisture in the air to escape. Using heat will evaporate the water into the air and the air will become humid and dense with moisture.

Consider using fans to circulate the air and speed up the drying process. Place the fans in such a way that the air is blown away and out rather than into the room. This will help to prevent the growth of mild and mildew.

Another option to speed up the drying out process is to use a dehumidifier. It’s important to close the windows and doors when using a dehumidifier so that it works properly. Keep an eye on the dehumidifier’s holding container and empty it as frequently as is necessary. Once the dehumidifier no longer extracts any moisture from the room, place it in another area of the basement and begin again.

You may need to call in a professional if your heating system sustained water damage. Most likely, your homeowner’s policy requires that it be cleaned by a professional prior to operating it again.

Massachusetts Declared State of Emergency Following Days of Heavy Rains

Massachusetts governor Deval Patrick declared that his state was in a state of emergency after several long days of heaving rain fell on New England this March, which left entire neighborhoods, streets and basements flooded with deep, muddy water.
Patrick has ordered state agencies to step into action and said that displaced residents have been re-located to shelters in those communities getting the worst of the storm damage. Declaring a state of emergency is a much needed step to make sure the state gets all of the federal aid it is entitled to. For now, flood waters must reside before a full assessment can be made. There was much fear that the Waltham Moody Street Dam would burst under the tremendous pressure, but soon relief came when the rains finally subsided.
Many of Massachusetts’ rivers were in the critical flood stage and numerous counties were under flood watch and warnings. Many schools were forced to close down and numerous workers were sent home. The strong winds and driving rains downed trees and power lines as river banks could no longer hold their own-sending muddy water rushing into yards and homes. Flooding is the most costly type of emergency that the state of Massachusetts faces each year, but this giant storm was not expected and left most people in its path dazed and terrified.
For those living in the storm damage area, it is good to remember to watch and listen for reports related to localized flooding as small streams in low-lying areas can swell quickly over their banks if another rain moves through the area. It is a good idea to minimize the chance of having basements flooded by elevating utilities and materials that could be prone to basement flooding. Know the evacuation procedures and listen to local public officials so that the appropriate emergency action is taken if need be.
Flash flood waters move swiftly and can sweep away vehicles, uproot trees, knock down buildings and destroy bridges. Just six inches of fast moving water can knock you completely off your feet so if you are forced to walk through a flood area, use a walking stick to be sure you are on solid ground at all times. If you have discovered water has entered your home, It is highly advisable that you do not turn on your home’s electricity to check for damage as a spark could cause a fire if there should happen to be a gas leak. Take care to clean everything in your home that has gotten wet as floodwater often picks up sewage and run-off from streets and factories. Throw away anything you have doubts about and locate your insurance company as soon as possible.

The Science of Paying Rent

Behavioral Economics: The Science of Paying Rent
by Kris Rudeegraap

Retailers and businesses know that allowing consumers to delay payment can dramatically increase their willingness to buy. National retailers such as Best Buy even have their own in-house credit card to entice users to buy their products now and pay at a later time. So why isn’t this principle applied to the multifamily industry?
Comparing the psychological purchasing behavior of buying a new television with that of where to rent is more similar than you may think. If a renter was standing at an intersection and there were two apartment communities with very similar amenities and price points, but one apartment community accepted credit cards while the other did not, then the willingness of a renter to make an immediate decision is obvious – go with the one that accepts credit cards.
The benefits of an apartment community accepting credit cards are noticeably clear; renters can move into an apartment immediately rather than waiting to save for the deposit, renters can earn airline miles which can we redeemed for traveling expenses, and best of all renters can easily make their payment online or via mobile phone – 24 hours a day, 7 days a week.
Another principle to understand is the “mental accounting” that affects decision making. When renters pay with a paper check, which is directly withdrawn from their bank account, they associate that payment negatively, as can be proven when asking any renter if they like paying rent. Now compare that with a renter who paid by credit card who is earning airline miles and managing their money more efficiently. The time value of money comes into play which makes future payments less costly than immediate ones. Now all of a sudden they like paying their rent by credit card and the benefits that accompany it.
An additional behavioral targeting technique that is used by the most savvy property management firms is the ability to harness the power of the “default option.” The evidence is overwhelming that presenting one option as a default increases the chance it will be chosen. If you are not already accepting e-payments via credit cards and e-checks then you are far behind your competition. If you are already accepting e-payments then instead of just accepting “all forms of payment,” make the default option credit card or e-check and watch the results. Many innovative property managers are taking this one step further and requiring residents to pay their rent electronically by inking it into the lease terms on the rental agreement. Renters don’t need tons of options, and when given something by default, it becomes more valuable than just another option.
Technology is creating new opportunities that benefit both renters and property management firms. When behavioral economics is applied to electronic rent collection, the results are astounding. Employing the techniques mentioned above can produce operating efficiencies and administrative cost savings that directly benefit your bottom line. It’s a lot easier than it sounds, so get started today before your competitors do!