The US Department of Housing and Urban Development (HUD) has just released new guidelines on handling those reasonable accommodation requests to help landlords and property managers with those obligations.

The document indicates that the most HUD charges of discrimination are against housing providers denying reasonable accommodations. It goes on to say FHA complaints regarding denied reasonable accommodations are up 60% and are on the rise.

They anticipate that these new guidelines will help landlords understand their obligations and set best practices for addressing requests while reducing the number of discrimination claims and complaints. 

The new HUD guidelines cover how to assess a person’s request to have a service animal as a reasonable accommodation under the FHA and includes: 

• Understanding what is and isn’t an emotional support animal and/or service animal
• The two important (and ONLY) questions to ask someone requesting a service animal
• Request analysis for assistance animals other than service animals 
• Criteria for assessing whether to grant requested accommodations
• Types of animals including unique animals for unique circumstances
• Best practices for documenting an individual’s need for an assistance animal

With the weather beginning to show sign of cooling off, the KROA office has gotten several calls about heating requirements in rentals. The first place we looked was the ORHA 2014 Law Book.

We all know we must maintain our properties in habitable condition, most of the requirements are spelled out in easily understandable, unambiguous language, not the heating requirements though.

According to ORS90.320, section d, "Adequate heating facilities that conform to applicable law at the time of installation and maintained in good working order." 

Okay, but what does that really mean? We went on a quest to find something that would give us a better idea of "how warm is warm?". We did several internet searches and all of the relevant answers quoted ORS90. Not what we needed. Next we contacted several large property management companies around the state. Still nothing. Next, we contacted the Klamath County Community Development Department (building dept). The head of the department was finally able to give us some answers that made sense.

In the 2011 Oregon Residential Specialty Code the definition of "Conditioned Area"

 

- That area within a building provided with heating and/or cooling systems or appliances capable of maintaining, through design or heat loss/gain, 68 degrees Fahrenheit during the heating season and/or 80 degrees Fahrenheit during the cooling season, or has a fixed opening directly adjacent to a conditioned area.

 

From the 2012 International Mechanical Code, [B] Section 309

 

[B] 309.1 Space-heating systems. Interior spaces intended for human occupancy shall be provided with active or passive space-heating systems capable of maintaining a minimum indoor temperature of 68 degrees Fahrenheit at a point 3 feet above the floor on the design heating day. The installation of portable space heaters shall not be used to achieve compliance with this section.

 

Exception: Interior spaces where the primary purpose is not associated with human comfort.

Now we have a definition we can use.

Happy Landlording!

Are you missing out on a major part of the rental market? You might be if you allow smoking on your property.

As research on the harms of smoking and anti-tobacco policies continue to emerge, more people are trying to protect themselves from toxic secondhand smoke and fire hazards. In Klamath County nearly 80 percent of adults don’t smoke, and of those who do, 69 percent report that they want to quit. In fact, more than half of them made a quit attempt in the past year.

What does this have to do with rental housing? According to ORS 479.250 to 479.300, landlords must disclose: whether smoking is permitted; allowed on the premises; or allowed in limited areas. Thanks to this law, renters will know if they will be impacted by secondhand smoke before they sign a lease.
As a property owner, protecting your housing investment and meeting the market demand are at the top of your list, and smokefree policies are an easy way to meet the demand.

Secondhand smoke is incredibly destructive in your rental property: stained the walls and fixtures; carpets saturated with stubborn odors; and burns to countertops and flooring. When turning over the property, the cost of cleaning a unit that has been smoked in can be 2 to 3 times higher than in properties with no-smoking policies.

Furthermore, allowing smoking in even one unit can cause damage and negatively impact health of tenants in neighboring units. The Centers for Disease Control states that secondhand smoke travels through doors, windows, and ventilation systemsundefinedseparation of smoking and smokefree units is inadequate.

Landlords may be hesitant prohibit smoking on their property in fear of losing renters, but there is a rapidly growing market for smokefree rental properties.

A survey conducted by Campbell DeLong Resources Inc. in 2008 found that 70 percent of renters would prefer to live in a smokefree building, and 40 percent would even pay a little more rent to do so. Safe and healthy homes should be a given, not a luxury.

A no-smoking policy does not mean no-smokers. Seventy four percent of adults in Klamath County report that they already have no-smoking rules in their home.

Plus, no-smoking rules are legal! It’s similar to prohibiting pets or setting limits on the number of tenants that can occupy the unit. The Fair Housing Council of Oregon states “property owners have every right to restrict smoking in and on property.”

In 2008, Oregon’s largest property management company, Guardian Management successfully took its 12,000 properties smokefree and has received very positive feedback. Seventy five percent of tenants are happy with the policy, 50 percent of smokers have made a quit attempt, and 43 percent have reduced the number of cigarettes they smoke.

Are you ready to protect your investment and establish a smokefree rental property?
Here’s what to do:

1: Get Input from Tenants and Give Adequate Notice

“More cooperation than expected. Take time for resident involvement and input.” –Kris Still, Director of Leased Housing, Northeast Oregon Housing Authority

2: Develop the Policy and Update Your Lease

Forms are available through your rental housing association.

3: Transition the Property

You can wait until a lease is up or simply phase in the policy.

“Once the property is clean and restored, keeping it smokefree leads to many benefits for the property manager and owner. We have seen more timely lease-ups, increased rents, and a very satisfied client.” –Barb Casey, Kennedy Restoration

4: Market Smokefree as an Amenity

For more information and support go to smokefreehousinginfo.com or contact Jennifer Little at Klamath County Public Health at 541.882.8846.