Rental Property Manager Training Tips and Tricks – Propertyware

8 Pro Tips to Refine Your Move-Out Process

Anthony Maiella — Fri, 04 Jun 2021 14:00:33 +0000

By: Laurie Mega This is the fourth in a series of posts to help single-family property managers make their leasing processes more efficient, reduce costs, and increase profits. This article will highlight the top lessons taught by Propertyware’s training team and focus on move-out process enhancements by way of technology. When you, your tenant, or your rental owner decide to terminate a lease, it sets in motion a move-out process with several stages. Often, this can feel like a rush to the finish line because there’s so much your team has to get right in a short amount of time to avoid too many days of vacancy. There are opportunities to make the process more efficient and get the next tenant lined up before the lease has even expired. And if you have several properties coming on the market at once, finding those efficiencies is key so you aren’t caught with multiple vacancies that put a damper on your rental owners’ cash flows. In this article, we’ve provided eight areas of the move-out process where property managers can get faster (with reduced turn times) and leaner—from optimizing maintenance to security deposit dispositions.

1. Encourage Two-Way Tenant Communication Early On

In the previous post, we discussed specific steps you should take at 120, 90, 60, and 30 days to reach out to determine tenants’ renewal eligibility, their intent to renew, and then sign a new lease. If they don’t intend to stay, or if they aren’t eligible for a renewal, it’s important to know that early, so you can list the property as soon as possible. As a refresher, at 120 days, begin the process by looking at each tenant’s eligibility to renew. Keep a record of which tenants are and which ones are not. A software solution that lets you create custom fields for your renewal and termination processes will help you do just that. At 90 days, determine rental owner intent, and at 60 days, communicate with tenants about their intent. Record all of that information in a scheduling system customized to your process. To make communication quick and easy, give tenants (and rental owners) the option to communicate their preference to renew the lease through a tenant portal with the click of a button if you prefer.

2. Leverage Tenant Referrals

If a tenant decides to move out, there’s still room to turn the loss into an opportunity. By referring them to another property or broker, you’re still able to generate revenue for your business in the case they’d like to rent or purchase another property outside of your portfolio. Keep a record of all tenants referred to you, so you can call up their name when they decide to move out. If they were referred to you, you can send them back to that particular broker if you prefer. While this won’t generate a referral fee, it still strengthens the relationship you have with your network of agents and brokers along with the likelihood of future referrals. In a software solution such as Propertyware, you can track all of your referrals more closely in the Move-Out Dashboard.

3. Organize the Lease Termination Process

If you’re terminating a lease for reasons other than expiration, you know that local laws will generally dictate the process you must follow to be compliant. States and jurisdictions have different laws concerning when and how to notify tenants of a lease termination. Most notices of nonrenewal have to be sent within a certain period of time. To that effect, having an automated email process can help you comply with the law. If you have several notices of nonrenewal to send out at once, try setting up a mail merge to complement your digital communication. Again, just make sure your lawyer approves them before you start using them. If your tenant wishes to end the lease, a tenant portal can provide an easy way for them to trigger a notice to vacate. It can include fields that capture move-out date, date of notice, forwarding address, and reason for leaving. Once the move-out procedures are triggered, use the portal to follow up with tenants and rental owners on key dates and actions that have to be taken.

4. Get Ahead of Move-Out Prep

Once a tenant has been given a move-out date, it’s time to start prepping for turnover. There are four main areas in the move-out prep process where property managers can find efficiencies: inspection, maintenance, utilities, and follow-up.

Inspection

Using a mobile inspection app, you’ll want to conduct a pre-move-out inspection. A mobile inspection will allow you to record any damages in real time and then generate reports for tenants and rental owners once the inspection is completed—and can sync with your property management software. Tenants can use their report to repair damage ahead of their move-out date. That gives them the opportunity to get their full deposit back and avoids any last-minute surprises from their perspective. You’ll also want to provide the report to rental owners so that they’re aware of any damage and can approve funds for mandatory and recommended repairs. Finally, you can use the inspection report to assess the marketability of the home, so you can take the right actions to get it on the market as soon as possible. This also could be the perfect opportunity to recommend a renovation that will help maximize property rents.

Maintenance

With your inspection report in hand and a move-out date set, you can start notifying maintenance crews and vendors about tasks on upcoming vacancies. First, you’ll want to make sure that you pause or adjust any maintenance that’s planned given the timing of the move-out. Additionally, it’s a good chance to make sure that you have the funds to cover the estimated turnover expenses. Through Propertyware’s exclusive vendor app, vendors can be notified of upcoming work and then record when work begins and ends. Invoices can also be uploaded directly into the vendor portal.

Follow-Up

Finally, use a tenant and owner portal to follow up with all parties. Communicate inspection, maintenance, and move-out dates, and keep rental owners in the loop about needed repairs and tenant turnover.

5. Take Possession of the Property Judiciously

When a tenant is ready to move out, both the property manager and a tenant may have to sign a written agreement stating that the tenant is turning over possession, and the property manager is accepting it. In some states, however, simply handing over the keys is enough to constitute surrendering the home. If a formal agreement is needed, this is another opportunity to create and store a template (with your lawyer’s okay) that you can send to your tenant to sign. When it comes time to collect keys, remotes, and other devices for the home, use a tracking system within your software solution to ensure everything is collected at the time of move-out. Provide tenants with a move-out envelope, which they can use to deposit all items connected to the home. If you haven’t already, use your property management software to start the inspection process and mobilize staff and vendors to get the home ready to go on the market.

6. Support Your Maintenance Process with Technology

Let’s dive a little deeper into the maintenance process. This is a crucial and time-sensitive step that can become a key factor in the amount of time a home remains vacant, and there are efficiencies you can put in place to speed it up. Using a mobile app, for example, can help you create projects or tasks and track progress on the go. You can also follow the money, collecting estimates, and tracking resources and costs by providing reporting fields for maintenance staff, as well as vendors, using that open API.

7. Templatize Your Security Deposit Disposition

This is another area where you lawyer should be involved. Every state has its own laws surrounding keeping and distributing security deposits kept in escrow accounts over the term of the lease. To speed up the process and remain compliant with local and state laws, consider using direct deposit to release security deposit funds. Use lawyer-approved templates to provide any documentation needed for security deposits and record when and how each tenant received their deposit.

8. Track the Most-Essential KPIs

To get a sense of how well your move-out process is working, we recommend following the list of eight KPIs (key performance indicators) below. With a software solution such as Propertyware, you can track essential KPIs and make improvements where you need to. Vacate Notifications: Track the number of vacate notifications every month to keep tabs on your turnover rate. Referred Tenants: Track referral fees as well as the name of the brokers and property management company to which they were referred. Terminated Lease-Reason: Track the reasons why leases were terminated. If a pattern begins to emerge, you can look into solutions to adjust your properties and remain competitive. Pre-Move-Out Inspections and Move-Out Inspections: Keep tabs on the number of pre-move-out and move-out inspections scheduled each month. You can then use that information to follow up with rental owners. Scheduled Move-Outs: Monitor of all move-outs each month so that you can follow up on possession procedures and security deposit dispositions. You can even look at the number of move-outs over the course of a year, by month. Move-Out Pending Security Deposit Disposition: Keep an eye on which of your former tenants has not yet received their security deposit to remain compliant with local and state laws. Ready to Market: This is a list of all properties that are ready to go on the market and whether or not they are already listed. You could compare this list with vacate notifications and scheduled move-outs to assess how long it’s taking to move homes through the move-out process. A successful – and quick – turnover process saves you and your rental owners money, while making sure your team is staying compliant. It also takes the worry of a vacant property off your owners’ minds and helps to deliver a solid tenant experience. With all of these boxes checked, you’ll be able to refine your move-out process in pragmatic ways that can strengthen your entire leasing cycle. When you focus on making your move-outs more efficient and a great experience for all, you’ll be surprised at how this last part of the leasing process can actually be a lucrative beginning. While this article is a high-level overview of the leasing process, Propertyware gives users detailed guides to unlimited customizations. If you’re interested in learning more about Propertyware’s software or the detailed onboarding provided to our clients, contact us.

The post 8 Pro Tips to Refine Your Move-Out Process appeared first on Propertyware.

Mastering Your Lease Renewal Process: Pro Tips for a Full 120-Day Cycle

Anthony Maiella — Tue, 18 May 2021 13:00:53 +0000

By: Laurie Mega This is the third in a series of posts to help single-family property managers make their leasing processes more efficient, reduce costs, and increase profits. This article will highlight the top lessons taught by Propertyware’s training team and focus on lease renewal process enhancements by way of technology. Unsurprisingly, in 2020, lease renewals hit an all-time high—fueled by tenants’ inability or hesitancy to move during the pandemic. But as the economy continues to reopen, along with more options and tenants’ willingness to move, the lease renewal process could quickly become one of the most critical areas for single-family property managers. In fact, Propertyware and Buildium fielded a survey of tenants, owners, and property managers for their 2021 Rental Owners’ Report. Of the owners they surveyed, filling vacancies ranked number two as their top sources of stress, and this is bound to continue. For property managers, it’s always been a matter of making the process as efficient as possible to maximize renewal rates and resident retention. Still, to truly realize efficiency in the months ahead, you have to play the long game and start planning now. In this article, we’ll take you through efficiencies and the pragmatic improvements you can make at 120, 90, 60, and 30 days ahead of a renewal decision.

120 Days Out

The lease renewal process should start four months before leases expire. By taking the first steps this far out, you ensure a smooth process without any hiccups or last-minute issues as the lease renewal date looms. Here are three things you can do 120 days ahead to get an efficient process kicked off.

Standardize the Lease Renewal Process

Before you even get to 120 days out, you should have standardized forms and procedures locked and ready. You can start by setting up shared documents that record every step of the renewal process. If you’re using a property management software solution, set up custom fields that keep track of every part of the process – from assessing renewal eligibility to signing the new lease. For lease types that follow a unique time table and have similar needs, you can set up subcategories within your custom fields to group them together in Propertyware. For example, you can group all of your six-month leases under the same sub-category. This is also an opportunity to encourage tenants and owners to put all communications through your tenant and owner portals. Propertyware, for example, provides tenants with the ability to communicate their intent to stay or vacate with just a click of a button through the portal. Having that capability keeps all communications in one place and allows property managers to trigger other actions based on tenant responses. Outside of the portal, you can use notifications (or automated emails) to keep tenants informed. Use this time to set up a cadence with your owners, as well. Communicate at regular intervals and set expectations on your availability to meet and answer questions.

Ask for Tenant Feedback

At this point, you don’t want to make any commitments to tenants, but you do want to get an idea of their intent to stay or leave. If they’re staying, you can update your fields to reflect that and start putting the wheels in motion for renewal. You can also ask about pending maintenance, repair issues and create work orders to get those fixed before the lease renewal date. If they don’t intend to stay, you should find out why. You can also walk tenants through the steps they need to take to terminate their lease officially. It’s recommended that they submit their intent to vacate within a tenant portal that will inevitably lead to a pre-move-out inspection.

Determine Lease Eligibility

This is where a good software solution really comes in handy. Use the reporting functionality to pull up rent payment history, maintenance requests, or other issues connected to each tenant. It’s all recorded in one place, so you don’t have to go hunting for check stubs or emails between you and each tenant up for renewal. Share the reports with owners, as well, so you both can determine how you want to proceed with upcoming renewals.

90 Days Out

Determine Renewal Rates & Terms

Once you know which leases are up for renewal, you can figure out lease renewal terms and rates. Take the time to hash out rate increases or new terms that you recommend (or your renters would like to include in leases). Be sure to get a sense of what’s happening in the rental market by:

conducting an MLS comparative analysis
looking at data on Internet Listing Services (ILSs)
taking a look at other similar properties in your portfolio

You’ll also want to take into account seasonality. It’s never good to be caught with a lease ending during the slow season, as that will limit your ability to get the rental price that the property is worth.

Verify Owner’s Intent to Renew

Now is the time to bring owners into the mix to verify that they intend to renew the lease before reaching out to a tenant. One of the most critical steps in this process is getting their response on the record, officially. The good news is that property management software makes it easy to communicate with your owners through a variety of channels such as email, texts, mail merges, and conversations inside an owner portal.

Tracking Owner Responses

While most owners will get back to you quickly, it’s still important to stay on top of your owners and their responses in an organized fashion so that too much time doesn’t go by. Again, all of this followup and communication is easily more efficient and organized in property management software. A huge benefit is also that it’s easy for everyone on your team and your owners to have access to the same up-to-date information. To facilitate communication, a best practice is to share your renewal recommendation of eligibility, rental rates, and terms with the owner through a published letter, which can be sent through your software requesting an esignature. Note that you can also rescreen tenants at the time of renewal—and it’s a good best practice to again check for criminal history. With Propertyware, you can also get this done with the click of a button, at a reduced rate.

60 Days Out

At 60 days, tenants should give you written confirmation on their intent to stay or leave. Again, if you’re using a tenant portal, they should be able to do that just by clicking a button if you want to enable that option. Even if they do that, it’s still a must to get a lease renewal agreement signed. This just takes a few clicks in Propertyware. You simply have to select the lease agreement you wish to send and use the mail merge functionality to send it to your renewing tenants. They can use eSignature to sign the new lease.

30 Days Out

At 30 days, run a report to verify that all leases are signed. If some are outstanding, follow up with your tenants through the tenant portal. You can also use your reports to confirm move-out dates and trigger staff and vendor requests for maintenance, inspections, and cleaning. You can also use custom lease views to track if there’s anything still outstanding, which is helpful because there’s so much ground to cover. The lease renewal process is inherently a complex one with back-and-forth communication between property managers, tenants, and owners. The ability to create and tweak a process flow through software that leverages customized fields, simplifies communications, and allows document storage will make lease renewals more transparent and efficient for everyone involved. Every 120 days offers up a new opportunity to get it right. While this article is a high-level overview of the leasing process, Propertyware gives users detailed guides to unlimited customizations. If you’re interested in learning more about Propertyware’s software or the detailed onboarding provided to our clients, contact us.

The post Mastering Your Lease Renewal Process: Pro Tips for a Full 120-Day Cycle appeared first on Propertyware.

4 Pro Tips to Level Up Your Move-In Process

Anthony Maiella — Mon, 26 Apr 2021 15:00:08 +0000

By: Laurie Mega This is the second in a series of posts to help single-family property managers make their leasing processes more efficient, reduce costs, and increase profits. This article will highlight the top lessons taught by Propertyware’s training team and focus on move-in process enhancements by way of technology. Property managers are always looking for efficiencies and cost-saving measures in every corner of their business that will benefit their owners, while delighting their renters—and you’re no different. A good place to examine in your leasing cycle is your move-in process. Why? It sets the tone for how you do things with your residents and can kick off healthy, long-term relationships that solidify your retention rates. Not to mention individually coordinating every detail of move-ins across multiple properties leaves you vulnerable to measures that take up precious time and resources. Finding room for improvement in your move-in process has some quick-hit benefits:

It finds those efficiencies and cost savings you’re looking for.
You can do more with fewer team members.
It will save your existing team time.
A smoother move-in process will leave a good impression with tenants, who will be more likely to recommend you and become long-term tenants.
A faster move-in process reduces vacancy time and turnover complications, which makes owners happy.

To get you started, here are six pro tips to increase efficiency and reduce costs at every stage of your move-in process.

1. Automate, Centralize, Monitor Your Payments

According to 2021 Rental Owners’ Report from Propertyware and Buildium, payments are the number one process that rental owners want their property managers to handle digitally. In fact, 73% of single-family rental owners would like the option of making and receiving payments electronically. You may have found yourself in a situation where your team is spending far too much time collecting your rent payments, and physical checks. Allowing renters more options to pay doesn’t have to complicate the rent-collection process. You can automate and centralize your rent collection using property management software and a tenant portal. In general, property management software allows you to accept rent payments in three ways: ACH (electronic check), credit card, or cash payments through approved payment centers. And the more types of payment options are available, the more convenient paying rent becomes for tenants, reducing the number of late or missing payments and getting those funds to your owners even faster—especially with features like recurring payments. If you want to give tenants the flexibility of cash payments, but you don’t want to handle the cash yourself, you can offer a service such as Propertyware Cash Payments, which syncs you up with bill pay services through retail locations like Walmart. Even if you already have multiple options set up, you should still be monitoring each payment channel across your portfolio to determine which are the most effective—and where there might be some adoption gaps. Usually, education takes clear and concise communication with tenants at all the right points in their tenancy. Consider where you might be able to set payment expectations from the start along with where to communicate their options on a regular clip.

2. Go Mobile With Your Inspections

When you have multiple move-in and move-out inspections happening at once, it’s hard to sync up all that information. Between the tenant reports, damage logs, and repair tickets, there are just so many moving parts. Consider using a mobile app to help conduct and record inspections, and then create reports and repair tickets on the go. An app with camera mode will also allow your inspectors to take pictures of damage, tag it, and log it in your reporting system. Once the inspection is completed and the mobile device is connected to the internet, everything will synch automatically. Later, you can compare previous inspection reports with current ones, and create repair and maintenance tickets based on what your inspectors found.

3. Stay on Top of Your Turnover Maintenance and Repairs

Before a move-in happens, you’ll want to closely manage your maintenance expenses during the vacancy period. While you never want an extended vacancy, making sure your routine maintenance is appropriately transitioned can save you money. First, you’ll want to make sure you pause any unnecessary routine maintenance. This might include lawn or pool service, for example. Second, you’ll want to make sure you prepare for any special agreements that were outlined as part of the impending tenancy. You can also manage your vendors for repairs, maintenance, landscaping, and other work all in one place. Look for ways to standardize costs, make work orders easier to generate, and create recurring tasks across properties.

4. Lean Into Your Delivery of Possession Experience

Communication with your tenants will always be a central part of your move-in regimen to make a smooth handoff of the property happen. Setting the tone from the moment a new tenant signs a lease is key to starting the relationship off with the right expectations in place and everything they’ll need to know for a solid move-in experience. You’ll want to create orientation content and welcome communications to provide next-level service and save your staff from answering the same questions on repeat. You can include information such as trash pick-up, utility services (if you’re not using a centralized bill-paying system), area schools, and even local restaurants. Think about the information that tenants should receive at the different stages leading up to move-in. Next, build an outline of a series of emails that supports the intended experience—emphasizing the most important information. You’ll want to get them logged into their tenant portal right away so they can find all the same information 24/7. You can also take this time to introduce opt-in services like the AssetProtect Insurance Program as an added bonus that heightens the tenant experience, safeguards all parties, and gives your business an additional revenue stream. When it comes to running a successful property management business, you’re always looking for ways to make processes more efficient, improve services for tenants and owners, and create new revenue streams that improve your bottom line. We’ve already talked about the lead-to-lease process in the previous article. Now, take a look at your move-in process. Where is there room for improvement? How can you leverage software to standardize tasks and pull everything into one central location, ensuring nothing falls through the cracks? With customizable technology (and your imagination), you’ll be surprised with the process efficiencies that you can make happen. Check out the first post from our leasing technology series: 7 Pro Tips to Improve the Lead-to-Lease Conversion Process. While this article is a high-level overview of the leasing process, Propertyware gives users detailed guides to unlimited customizations. If you’re interested in learning more about Propertyware’s software or the detailed onboarding provided to our clients, contact us.

The post 4 Pro Tips to Level Up Your Move-In Process appeared first on Propertyware.

Training Your Staff to Protect Tenant and Owner Data

Mary Rose Hogaza — Thu, 02 Jul 2020 18:00:40 +0000

By Laurie Mega

A property management business gathers a lot of valuable information from tenants and owners. That information is used to collect rent, transfer money, keep emergency contacts, and verify prospective tenants. Information such as credit history, social security numbers, addresses, and credit card numbers should be kept only as long as you need them and then deleted. But as long as this information is in your possession, you need to do everything you can to protect it from hackers. In 2019, 86 percent of cyberattacks were financially motivated, according to Verizon. All of that data you hold is very valuable to hackers, who can either use it to commit identity theft or sell it to the highest bidder on the dark web. It’s important that both you and your staff are aware of the dangers. Your staff should have a basic knowledge of cybersecurity and what they can do to protect tenants and owner data.

Threats to Your Business

Before you can train your staff on how to prevent cyberattacks, they first need to know what they’re up against. Of course, there are hackers who simply access your network remotely (usually through your wifi) and try to guess your passwords to get at the information. But there are more sophisticated ways they can gain entry to your system, as well.

Malware

First, let’s talk about what malware is since it’s involved in so many different kinds of cyber threats. Malware is a program that hackers use to infect computers. A piece of malware can be programmed for a number of ill-begotten goals. It can track keystrokes to get passwords and other important information. It can download files from your computer. Or it can lock your computer entirely, holding it hostage until you pay a ransom to hackers. There are different types of malware, such as trojan horses, viruses, and botnets. Some are meant to merely cause mayhem by slowing down your system or preventing apps from working, while others, like trojan horses, hide inside your computer system stealing information. Malware can be picked up through a phishing scam or a malicious website.

Phishing Scams

A phishing scam is usually an email or a message through social media that entices the recipient to click on a link. Scammers do that by pretending to be someone the recipient knows or an institution they trust, such as a bank or a local municipal department. The link usually downloads some kind of malware, or it may direct you to a site and prompt you to enter private information. For example, a hacker may send an email posing as your bank, requesting your account or social security number (or both) to complete a transaction. Note that a reputable bank would never ask for that kind of information in an email. A hacker would then use that information to access your accounts or even steal your identity. If they get the information for your business account, they could do serious damage to your business.

Malicious Sites

A malicious website may look legitimate on the surface, but it’s really set up to do harm. Some are simply there to disseminate false information or fake news. But others lure in users with promises of useful downloads that really hide malware. A lot of times, these sites show up as ads in social media feeds, particularly Facebook. When students were first sent home during the COVID-19 outbreak, for example, numerous ads popped up on Facebook for websites with free downloads for teaching resources. The sites looked legit, but when an unsuspecting parent tried to download a worksheet, they were hit with malware, instead.

Phone Scams

Finally, there are good old fashioned phone scams. You’ve probably received one of these, where a robotic voice or even a real person threatens you with the freezing of your assets, the possibility of malware on your computer, or even your arrest if you don’t give up vital information to help them fix the problem. Educate your staff on how to recognize phishing scams through emails, social media, and phone calls. The National Cybersecurity Alliance provides resources to help you get started.

How to Train Your Staff

Once a hacker is in your network, they can access your information as well as that of residents, prospective residents, and owners, as well as your own. If a well-intentioned staff member receives any of these scams and gives up company information, it could put your business, your residents, and your owners at risk. That’s why it’s important to make your employees aware of the risks and how to avoid them. Knowing is half the battle. The other half is a good defense.

Strong Passwords and Two-Step Verification

Train your staff on using strong passwords and two-step verification. Strong passwords are random and are made up of enough characters to contain a variety of letters, numbers, and special symbols, such as # and @. Weak passwords are shorter, using just letters, and are related somehow to you, your business, or your employees. For example, you wouldn’t want to use a password like propmanagement123. It’s too obvious. You and your staff shouldn’t use the same password across apps and programs, either. Make every password unique to make it harder for hackers to get into multiple systems. Finally, train your employees on two-step verification and use it wherever you can. When you enable two-step verification, after you enter a password, the app or account you’re using sends a security code to your phone or email. Only after you enter that code can you access the program.

Restrict Internet Use in the Office

It’s important to teach your staff how to recognize a bogus site. But even the savviest user can be fooled into clicking on what looks like a legit site. That’s why you should consider restricting internet use on company devices. Allowing staff to use the company network for personal browsing may seem harmless, but it can put your company and your data in danger. If an employee falls for a phishing scam from their personal email or clicks on an ad from their social media newsfeed, it can affect your computer system. There are plugins that can assess a website’s security before you even click on it. Avast, for example, is a Chrome plugin that assesses the safety of websites on Google search results page. Safe pages will appear in search with a green check mark next to them. Websites that appear to be unsafe will appear with an orange x. Questionable sites will have a gray question mark. A plugin like this can be really helpful for keeping staff off of questionable websites. But it doesn’t work for sites navigated to through social media platforms such as Facebook or Pinterest.

Use Encryption, Anti-Virus Software and Firewalls

There are safety measures you can put in place to keep your data secure, as well. Firewalls restrict incoming and outgoing network activity based on a set of rules that you set up for your network and your devices. If a piece of malware should breach your network, antivirus software can help identify and eliminate the threat. Finally, and this is particularly important when you’re handling tenant data, use encryption software to secure data entered into your website. Of course, you may have thought to implement all these measures on your desktop or laptop computers in the office. But did you think about your mobile devices in the field, as well? Phones and tablets are especially vulnerable to attacks since they often connect to public wi-fi. Make sure your employees are using only company-issued devices to access your network and that the devices are as protected as your in-office computers. It’s not enough to educate yourself on keeping your data safe. Your staff has to be in the loop, as well. They should be able to recognize phishing scams and know to stay away from shady sites. They should know how to create strong passwords, and ensure the proper software is installed on their company devices. It’s really hard to keep hackers at bay once you’ve become a target, but arming your staff with the right knowledge and tools will go a long way in helping you protect data for your business, your owners, and your tenants.

The post Training Your Staff to Protect Tenant and Owner Data appeared first on Propertyware.

Pet Screenings: When Are They Useful and When Are They Not a Good Idea?

Mary Rose Hogaza — Wed, 24 Jun 2020 18:00:29 +0000

By Laurie Mega

Allowing pets in your units is a calculated risk. There’s always the chance a dog, cat, or other pet could cause damage to your property. On the other hand, 72 percent of American renters have pets, according to the Humane Society. So prohibiting animals may cost you. But you can minimize the risk pets can pose by implementing a pet screening process and creating rules around pets in your properties. You may even consider adding a monthly pet fee to the rent. Of course, this only applies to animals considered pets. If you have a current or prospective tenant making what’s called a reasonable accommodation request for a service animal, you can’t restrict or prohibit the animal. In this article, we’ll discuss the pet screening process and when it is not appropriate to require one.

How Does a Pet Screening Work?

When a prospective tenant applies for one of your units, you can include a pet application along with your human one. A current tenant can also fill one out for a new pet. A pet application, also called a pet resume, collects basic information, including:

Number, names, types, and sizes of pets
A photo of each pet
Registration information
Veterinary information
History of destructive or aggressive behavior
Training certifications
The name of a renters insurance policy (if you require it)

Basically, you’re trying to get as much information about each pet as you can. What you do with this information is up to you. You can use it to approve or deny pets on your properties, or you can simply keep it on file should you ever have an issue with your tenant’s animals. If your city bans certain breeds of dogs as house pets, you can determine if your tenant will be violating that ban. If they have more unusual pets such as ferrets or exotic birds, you can decide if these are the kinds of animals you’re okay within your properties. It’s also helpful information for members of your staff, as well. If a property needs maintenance, for example, you can share information about animals on the property with your crew. Making them aware of a pet on the property ahead of time can prevent an animal from escaping or an allergic reaction. If a dog doesn’t like strangers, you can instruct your tenant to restrain the animal before your maintenance team arrives. Want help managing all your pet screening needs? Visit PetScreening.com for more information.

Pets vs. Service and Emotional Support Animals

There are instances where a property manager or owner can’t require a pet application or screening. That’s when an animal, usually a dog, qualifies as a service animal for a disabled person. When a disabled person makes a reasonable accommodation request, owners can’t charge pet fees or require a deposit. Any restrictions your owner may have on the size or weight don’t apply, either. Nor do city restrictions on breeds. Keep in mind, though, that service animals still have to meet city and state requirements on registration and vaccinations. When an animal qualifies as a service animal under the Fair Housing Act (FHA), there is only one instance where a service animal can be restricted or banned. That is if the animal poses a direct threat to the health and safety of others. In January of this year, the Department of Housing and Urban Development (HUD) released new guidelines on service and emotional support animals. The regulations are based on both the FHA and the Americans With Disabilities Act (ADA), and discuss when an animal is allowed as a reasonable accommodation and when it isn’t.

What Is a Service Animal?

Under the ADA, a service animal is

any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual’s disability.

Note that the definition covers dogs only. Service animals of any other species are considered pets under the FHA, but there may be state or city regulations that include other animals under the service definition. A person with a disability can also make a reasonable accommodation request for another type of animal if they can prove they can’t use a dog; for example, if they are allergic. If a current or prospective tenant requests an accommodation for a service animal, there are only two questions an owner or property manager can ask:

Is the animal required because of a disability?
What work or task has the animal been trained to perform?

You cannot ask about the person’s disability, nor can you require documentation to prove that they are disabled.

What Is an Emotional Support Animal?

Under the FHA and the ADA, an emotional support animal doesn’t count as a service animal and can be treated as a pet. Just keep in mind that state and local laws may make accommodations for certain types of emotional support animals. An emotional support animal is different from a service animal in that it doesn’t perform specific work or tasks for its owner. Instead, its presence provides emotional stability. There have been a lot of stories in the news about accommodations for emotional support animals from cats and dogs to miniature horses and snakes. Essentially, it’s up to you and your owner to determine what you will allow, provided you stick to state and local regulations. If you want to make sure you’re compliant, NOLO provides a list of each state’s laws and regulations. Allowing pets opens up a larger pool of prospective tenants, and putting measures in place to protect your properties is a good idea. But it’s important to remember that accommodations have to be made for tenants with disabilities. According to HUD, 60 percent of the FHA complaints made concerned denial of reasonable accommodations and disability access. “In fact,” writes HUD “such complaints are one of the most common types of fair housing complaints that HUD receives.” Understanding when and how to screen pets and the FHA and ADA laws around service animals will keep you on the right side of the law and allow you to provide a wonderful rental experience for all of your tenants.

The post Pet Screenings: When Are They Useful and When Are They Not a Good Idea? appeared first on Propertyware.

Rent Payment Options: Why Online Payments Will Now Dominate

Murphy McNutt — Tue, 23 Jun 2020 23:52:48 +0000

By Laurie Mega

Even before the coronavirus outbreak, rental payments were going through something of a revolution. The once ubiquitous check or money order has been giving way to more secure and immediate forms of payment, from credit cards to payment apps to online portals. There were several reasons for this, from sheer convenience to security, to the demand for mobile availability from millennials and Gen Z. The current pandemic is now the straw that broke the camel’s back. As property managers search for ways to keep their businesses running and their residents happy while practicing social distancing, mobile and electronic payment options are becoming a more appealing choice over paper checks, money orders, and cash that requires interactions with residents, bankers, and postal workers. So will online rent payments eliminate more traditional options? We think they just may.

The Pros and Cons of Traditional Rent Payment Options

Traditional rental payments are still popular, especially with certain demographics. Cash, Check, or Money Order In a 2014 study by the Federal Reserve Bank of Boston, the most recent data, 22 percent of American renters paid with cash, 43 percent paid with check, and 16 percent paid with a money order. In a 2017 survey, the FDIC found that 25 percent of Americans either don’t have a bank account or use financial services outside their bank account to make payments. And half of them said it was because they don’t have enough money to keep a minimum balance. Paying with cash or purchasing a money order are still go-to methods of paying the rent with low-income renters. Or they may pay through a walk-in payment system (WIPS) available at many chains or big box stores. With a WIPS, residents pay in cash at a participating store. The store then transfers the money directly to the property manager. For residents who do have bank accounts, money orders and certified or cashier’s checks have traditionally been preferable for both property managers and residents. Both cashier’s and certified checks are guaranteed by the bank that issues them, which means they won’t bounce. Money orders also guarantee funds. All of these methods are trackable, so there can be no dispute overpayment.

The Disadvantages of Traditional Payment Methods

All of these payment options may serve your residents best. But there are disadvantages for both residents and property managers with each of these. First, cash is hard to trace. Even with banking statements and deposit slips, it’s easy to lose track of cash payments, especially if you’re getting the same cash amount for multiple tenants. There’s no name or check number attached to cash, after all. Personal checks can bounce. And certified or cashier’s checks can be a hassle to obtain and cost your residents extra money (up to $10 per check). Money orders, too, cost a little bit extra (up to $5 per order), and as with WIPS, your residents have to go to a physical location to get one.

Traditional Payments and COVID-19

And that’s the final nail in the coffin for payments of these types. They have to be made in person or sent through either a store, a bank, or the mail. Experts now fear a second virus spike could happen in the fall and winter of this year. And a vaccine will not be available to the public for at least a year, by researchers’ best estimates. That means social distancing will remain the norm for some time to come. The fewer residents and property managers have to come in contact with each other, the better. And rent payments is one area where property managers can proactively reduce infection risk.

Electronic Payment Options

Electronic payment options eliminate the need for contact. But there are some facts.

Credit or Debit Card

In April 2020, credit card payments for rent were up 30 percent over the previous month as people avoided going out for even the simplest walk to the mailbox. Credit and debit card payments are indeed becoming a more popular way to pay for rent. Not only is it convenient, but residents with cashback or points cards can benefit from a large, regular charge to their card.

Wire Transfer

Some property managers allow wire transfers, but this isn’t really a good idea. In order for a wire transfer to happen, you would have to share account and bank routing information with your residents.

Online Payment

Millennials now make up a large portion of the rental market, and their preference for online and mobile convenience is well known. At the same time, Gen Z, who have never lived in a world without the internet, are starting to enter the rental market. These new populations, coupled with the new need to remain socially distant, are driving a surge in popularity with both payment apps and online portals. There are a whole host of payment apps you can use to charge and collect rent money from tenants, but you should really use a payments platform integrated with your property management system so that you don’t have to rekey entries, eliminating potential mistakes. Pro Tip: If you use a payment app for rent, spell out in the lease which app you use, what the service charge is, and how that affects the rent. You may even want to look into an online portal for charging and accepting rent. Online solutions such as Propertyware handle rent payments seamlessly while providing a whole host of other services for residents, owners, and property managers. You can use them to sign and store lease agreements and other documents, track work orders, send messages to residents, and the PMC can even interact with owners through their own portal. There will still be resident populations who will use more traditional forms of rent payment. But as younger renters flood the market and the current pandemic continues to act as a catalyst for change, online payments just may replace check, cash, and money orders as the principal way residents pay for rent.

The post Rent Payment Options: Why Online Payments Will Now Dominate appeared first on Propertyware.

Online Leasing: How to Attract Great Tenants

Mary Rose Hogaza — Thu, 04 Jun 2020 18:00:17 +0000

By Laurie Mega

Even before the global pandemic, the ease and convenience of online leasing made it a popular choice for property managers and tenants alike. With online leasing, prospective tenants can find you and contact you via your site whenever it’s convenient for them, even in the middle of the night. That means more leads for you. And with everything from applying to signing to document storage done online, it’s much easier to keep track of the process and keep it moving, even on the go. Now that social distancing has become the new normal, the benefits of online leasing are more important than ever. But how do you attract a whole bunch of great tenants to your properties online? We have some tips to help you get going.

Syndicated Listings

First things first. Your listings should be optimized to stand out. A great listing includes the following:

Lots of great images that highlight all of the features and amenities of your properties
Concise descriptions that detail exactly what your properties have to offer
Summaries of all the things the neighborhood has to offer
Consistent branding with your site as well as your other listings

Once you have a strong listing that speaks to your target audience, you need to place it on all the right platforms. That includes listing sites, social media, and your website. A property management software or a listing widget can help you create branded listings that you can post in several places at once with one click. Prospective tenants can then contact you or apply for the property from the listing.

Think Beyond Ads and Listings

Of course, posting your listings and advertising your units is important. But you’ll get more interest if you build a good reputation with renters. Using your social media channels, online reviews, and community events can help you do that.

Leverage Your Social Media

Did you know that 30 percent of millennials engage with a brand via social at least once a month? Leverage your social media channels to build a large following and become a trusted resource in your community. Think of your social media platforms as a way to start a conversation with your audience. To do that, post more than just your listings. Post about events in your area, or helpful information having to do with rentals. You can even include fun memes or images from time to time. At this time, you may be sharing articles about how you’re conducting open houses while maintaining social distancing or your local government’s plans to reopen the economy, for example. And post regularly. Businesses that post only occasionally lose their audiences. The important thing to remember is to know your audience, get on the platforms they use, and post the kind of information they appreciate. Then, when you do post your listings, you’ll have a large, engaged audience to click and share your posts.

Collect Online Reviews

Online reviews should be a big part of your marketing plan. In fact, almost 97 percent of millennials make their purchases based on online reviews. They don’t trust advertisements alone. If your tenants come to you with positive feedback, thank them and encourage them to write a review of your business and your units on sites like Yelp or Apartment Ratings. Just remember, you can encourage tenants to write reviews, but you can’t make it a requirement of their tenancy or tell them what to write.

Get Involved in the Community

When people think of renting or property management, you want your name to pop in their heads. One great way to do that is to get involved in your community. Sponsor an event (online or otherwise) or local team. Donate time, materials, or money to a nonprofit. Getting involved in your community is a win-win. You get your name out there and a deserving organization gets the resources it needs.

Optimize Your Website

Optimizing your website allows prospective tenants to find you through search engines like Google. It also makes your site user-friendly, so when people do find you, they can navigate to find what they need. Here are the steps you need to take to optimize your site:

Create a keyword strategy: Keywords are the words and phrases users enter into search engines when looking for something. Including them on your site helps Google and other search engines match you to the right search queries.
Optimize the back end: The back end of your site is everything that’s working behind the scenes to make it searchable. File names and alt text for images also tell Google what your site is about.
Create User-Friendly Pages: Pages should be easy to read and easy to navigate. Forms should be easy to fill out. Listings should be easy to find.
Make It Responsive: Most people are browsing sites from their phones or tablets. Don’t get caught with a site that’s formatted only for a computer screen. Making it responsive means your site will fit to whatever device prospective tenants are using.

If you’re looking for an easy way to create an optimized site, check out Propertyware.

Use Your Relationships

Networking is a great way to find new tenants. After all, wouldn’t you rather have a referral from a trusted source? Here are some great ways to get those referrals.

Tenant Referrals

Referrals from current tenants are a great way to bring in good tenants. If you have a good relationship with your tenants, chances are they’re going to recommend trustworthy, responsible people for your vacant units. To incentivize tenants, you could even set up a referral program. Offer a gift card or access to exclusive amenities to tenants who refer someone who signs a lease.

Realtor Referrals

Stay in touch with realtors. They’re well connected in the housing community and can refer prospective tenants to your properties. Just note there might be a finder’s fee involved.

PM Referrals

It may seem counterintuitive to rely on other PMs for referrals, but it’s actually not a bad idea. If there are other PMs in your area, for instance, who serve apartment complexes and they come across someone looking for a single-family home, they can give that person your name. And you can do the same for someone looking for an apartment setting. Helping someone find the right home, even if it’s not with you makes you stick in their minds. Then, they may recommend you to a friend because they remember your excellent service. The idea of contactless leasing is an attractive one these days. And it absolutely can be done from beginning to end. Leveraging all of your online tools to attract the best tenants will make the whole process that much easier.

The post Online Leasing: How to Attract Great Tenants appeared first on Propertyware.

Property Manager Job Description

Murphy McNutt — Thu, 31 Oct 2019 18:37:16 +0000

Most of you already know how critical it is that you find and hire the absolute best possible property manager job candidate you can, to provide tenants and owners alike with the absolute best customer service possible while increasing the net operating income for each of your managed properties. So how do you do that? How do you find the diamond in the rough? A lot of work and a little patience helps, but also using the sample job descriptions below and following these tips can greatly increase your chances of successfully hiring a property management professional who can positively impact your business on day one.

Format of an Awesome Property Manager Job Description

Eye-Catching Job Title You need to stand out from the crowd to attract the best, so make the job title jump out from the page. Include the name of the position as well as a few of the best selling points of this job, like a competitive salary or excellent benefits.

Humanized Intro Ok, the opening paragraph may not a tearjerker, but you get the drift. An emotional pitch can show you are an engaging company of human beings and not a drab robotic company. A single paragraph listing the top three most exciting aspects of your company and their job will go a long way.

Tell Your Company’s Story What interests candidates is knowing your company has an energetic and engaging culture, is stable and professional, and works with and for interesting clients and technology.

Sell The Job Posting Include the bare essentials of perhaps three must-have requirements but avoid laundry lists, you want the best candidate to interview with you so don’t scare them away. You can always go into further details when they are sitting in front of you, but until that time keep the posting informative with hours of work, salary, office culture, benefits, and perks. Keep it interesting but concise.

Location, Location, Location Not only for buying or selling real estate, but also for attracting top talent. If you own a small or rural business, it can be competitive to get the best so you have to let job seekers know why they want to work for you. Put it all out there if it’s relevant; short commutes to downtown, great schools, low crime rate, thriving arts district, busting at the seams with restaurants and shops. Whatever the ‘it’ factor is for your location, sell it.

Next Steps Let them know what happens next by detailing your entire hiring process. Keep it brief, but keep it clear and show the steps like; Apply-Email invitation to Interview-Phone Interview-In-Person Interview-Start. A great candidate may be motivated to work for you if they know by this time next week they could be earning a paycheck.

Run It By The Crew The best way to know you are writing a killer job posting is to run it by the people in your office. Seek honest and concise feedback, and make the changes if you all think it’s right. Also, remember they need to know what you’re saying to the new hire about your company.

Follow-up with Email If your hiring process promises prize candidates that they’ll be receiving an email, send them an email. Of course, you need to do some early vetting here, and this step although at the bottom of the list is still vital. You can sort out quickly who it is you want to pursue further even before getting to the interview stage. And remember to keep the emails personable but professional, clear, concise and reinforce to the candidate that the role they are interested in will be one worth interviewing for.

[Additional Reading: How To Start a Property Management Company]

Example Job Description No. 1: For an Experienced Property Manager

Job Summary The Property Manager is responsible for achieving the highest possible property net operating income through the implementation of effective cost control and revenue improvement programs. Specifically, the Property Manager will develop and implement marketing plans, operating budgets and forecasts to meet the company and owner’s objectives. A minimum of three years prior experience in Property Management is preferred. Industry designations like CPM, CAM, NALP, or MPM is a major plus. Experience with leading property management industry tools like Propertyware and RealPage is desired. Please respond to this ad with your resume and salary requirements. We offer competitive pay and company paid benefits. EOE Job Type: Full-time Salary: $50,000.00 to $65,000.00 /year

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Example Job Description No. 2: For an Assistant Property Manager

Job Summary The Assistant Property Manager is responsible for effective computing, classifying and recording numerical data to keep financial records accurate. They assist with the day-to-day leasing, marketing and resident relations for the community. Essential Functions

Process rental payments and obtain primary financial data for property accounting records
Prepare and deliver notices to residents
Provide exceptional service to residents, future residents and internal team members
Listen to resident requests, concerns and comments
Assist in marketing activities as needed
Assume Property Manager’s duties in their absence
Follow Bridge policies and procedures and comply with Fair Housing, state and federal laws
Follow all safety procedures and notify supervisor of safety hazards
Regular, on-time attendance
Special projects and other responsibilities as assigned

[Additional Reading: Service Animals and The ADA: The Definitive Guide For Property Managers] Skills

Competence in the use of standard office equipment including telephones, Internet, fax machine, and photocopier
Intermediate computer and data entry skills
Must be professional, energetic, organized, detailed and service-oriented at all times
Ability to meet deadlines
Strong oral and written communication skills
Ability to communicate with residents, co-workers & management tactfully

[Additional Reading: 5 Skills That All Successful Property Managers Need] Education High school diploma or equivalent; Must possess a valid Real Estate Agent’s License (most states) Experience Minimum of two years combined leasing, marketing, or operations experience Work Environment Regular office work, however, occasional outside duties in all weather conditions Salary $33,000 to $56,000 depending on experience and education. [Learn More: How To Become a Property Manager] The job description is the part where you go into detail. It should indicate the responsibilities and expectations that your company has for the new employee. In case you’re still not sure, see the points below:

Property Manager Hiring Considerations

They’ll be expected to take on responsibilities which include daily operations, finding, screening and keeping qualified tenants, overseeing the financial operation of the properties they manage and keeping their properties well maintained and attractive to future tenants with the mutual goal of preserving the value of the rental property.

Facility Management

One of the primary jobs of your property manager is ensuring the real estate under their management is well-maintained and occupied. This can include promptly responding to resident complaints such as emergency maintenance issues, the scheduling of regular maintenance or repairs, managing or finding reliable contractors and negotiating their contracts, and of course conducting regular walk-through inspections of the properties they manage.

Marketing

This can often be overlooked by property managers, but is a key factor in driving interest and therefore ensuring rental rates and occupancy of properties is sustainable. A lease won’t be signed if new tenants are not aware that your property is available. When discussing the Property Manager Job Description with your candidate, spend some time on this point with them. Let them know that the vital part of their job, includes finding qualified tenants to fill vacant properties through advertising, prompt follow-up of inquiries, and showing of apartments to prospective residents.

Tenants

Your property manager’s job should focus on keeping tenants happy wherever practically possible and resolving the tenants’ complaints promptly. Also, a huge piece of the property management puzzle comes from screening and selecting qualified tenants. Finding the best possible renter first can save your property management company a lot of money and headaches later. Speaking of headaches, creating and enforcing of rental agreements is a desirable property manager skill, invariably at some point, a tenant will break a condition of their lease agreement more than once and have to be evicted. Job seekers should understand that this is the least fun part of their job that without question must be carried out if the time comes. Last but not least, collecting security deposits and rent is the lifeblood of your business and prompt consistent collection can drastically increase your NOI.

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Reporting

This is a business that relies on consistent reporting. Another desired skill in the property manager’s job description is the ability to keep and maintain records. It’s unlikely you’ll find a property manager with Accountant-level bookkeeping skills, but if they are truly seasoned they should have an understanding of how to maintain the following;

A balance sheet as a snapshot of a property’s financial position
A general ledger which provides greater details from the balance sheet, income and expense statement that reflects the actual income and expenses compared to the budgeted income and expenses
Accounts payable reports which provide property owners a money trail of expenses and debts paid
Tenants receivables which go into detail for things like rent collected/delinquency/deposits
Copies of reconciled bank statements for owners that verify all of the above

Owners

The other side of the coin from residents is property owners. Without the owner, you’d have nothing to manage. So, it is key when you look to hire a new manager that you highlight the fundamental property manager duty is to drive net operating income (NOI) and keep the owners happy. Put in place processes where property management includes the sensitive responsibility of communicating with property owners regularly on issues like vacancies, financial issues, resident issues and the physical condition of their rental property.

Salary

It isn’t always true that you get what you pay for, but is almost certainly true that if you pay peanuts you’ll get monkeys. So, keep your salary offerings truly competitive. In order to attract the interest of an experienced property manager, understand that the salary offered must reflect the value you place in them. The national average for experienced property managers is approximately $54,000 per year but can range from $36,000 up to $79,000 depending on experience, qualifications and the location of your real estate business.

General

Finally, you’ll want an organized self-motivated job seeker with good references that possesses strong communication and interpersonal skills and a real estate license (if your state requires that). As well as someone who is experienced with local, state and federal housing laws and competent with general office and financial reporting software. If you need someone that can contribute right away while being a positive addition to your company, follow the steps we went over in this article. If you want the best available, they need to know you want them and what you want from them. Best of luck and happy hunting!

The post Property Manager Job Description appeared first on Propertyware.

23 States With Fake Service Dog Laws

Brian Rakowski — Tue, 05 Jun 2018 00:26:24 +0000

As we saw in the ‘Service Animals and The ADA: The Definitive Guide For Property Managers’ article, much progress has been made in the search for fairness and protection of disabled Americans and their legitimate service animals. But for those of you that have been property managers for any significant amount of time, you are well aware of the issue of tenants trying to pass off their dog as a service animal in an attempt to circumvent pet policies or to otherwise avoid paying pet deposits and fees. The issue of fake service dogs or animals transcends property management and has become such a problem that a number of states are passing their own state laws that exceed the federal law – Americans with Disabilities Act (ADA) – in order to combat this issue. To date, there are a total of 23 states in the US that have enacted some level of punitive response to owners of fake service dogs or other pets who would pretend to be disabled and/or attempt to pass off their pet as a legitimate service animal going against the spirit of the Disabilities Act.

What Is The Difference Between a Legitimate Service Dog and an Emotional Support Animal?

First, it’s worth defining what a service and/or emotional support animal is since it helps to understand why so many states would impose civil or even criminal penalties for impersonating a person with a disability. Think of it this way; Service Animals are specifically dogs or miniature horses (seriously) which are trained to help legitimately disabled people with physical needs. Support animals can vary by species and help pet owners with emotional support issues like depression, PTSD, or anxiety. That’s about it in a nutshell. So, the service animal laws in various states are now slowly catching up to the reality that some people would falsely claim to be disabled for their own gain. Check the list below to see the states that have passed ‘fake service dog/animal’ laws, a brief overview of what the penalty is, and where you can find more information on that states law.

Fake Service Dog/Animal Laws By State

Arizona
California
Colorado
Florida
Iowa
Idaho
Kansas
Maine
Michigan
Missouri
Minnesota
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
Texas
Utah
Virginia
Washington State
Wyoming

ARIZONA. House Bill 2588 introduced in 2018 states those who “fraudulently misrepresent” service animals can be fined $250. CALIFORNIA. Penal Code 365.7 introduced back in 1995. Those pretending to be an owner of a service dog is a criminal misdemeanor punishable by a fine of up to $1,000 and/or up to six months’ imprisonment. COLORADO. House Bill 16-1426 passed in 2017 states it is a class 2 petty offense to intentionally misrepresent an animal as a service animal in the state. Violators of this new law will be hit with a fine of $25 for their first offense, $50-100 for a second offense and $100-500 for a third or subsequent offense. FLORIDA. CS/SB 414 This law passed in 2015 classifies misrepresenting a dog as a service animal as a second-degree misdemeanor. Those who are caught breaking the law face a $500 fine and up to 60 days in jail. IOWA. Senate File 2365 Passed this year in 2018, an offender can face 30 days in jail, a fine, or possibly both. IDAHO. § 18-5811A Since 1997 in Idaho, any person, not being a disabled person or being trained to assist disabled persons, who use an assistance device or assistance dog to gain treatment or benefits as a disabled person, is guilty of a misdemeanor. (No specific punitive measures stipulated e.g. fine or imprisonment) KANSAS. K 39-1112 Introduced in 2015, this is a class A Misdemeanor: No fines or penalties specifically indicated. MAINE. 17 M. R. S. A. § 1314-A Passed in 2015, any person who commits a civil violation for which a fine of not more than $1000 may be adjudged for each occurrence.

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MICHIGAN. MCL 752.61 – 63 Passed in 2016 a violation is a misdemeanor punishable by 1 or more of the following: imprisonment for not more than 90 days, a fine of not more than $500.00, community service for not more than 30 days MISSOURI. V. A. M. S. 209.204 Introduced in 2017 any person found in breach of this law is guilty of a class C misdemeanor and shall also be civilly liable for the amount of any actual damages resulting from such impersonation. Any second or subsequent violation of this section is a class B misdemeanor. MINNESOTA. HF3157*/SF2646/CH106 This year in 2018 an offender will be subject to a $100 fine 1st offense, and a misdemeanor charge for a 2nd offense which can include $1000 fine and/or 90 days in prison. NEBRASKA. Neb. Rev. St. § 28-1313 A person commits unlawfully using a white cane or guide dog if not blind as defined by law and carries, displays, or otherwise makes use of a white cane or guide dog. Unlawful use of a white cane or guide dog is a Class III misdemeanor. Passed in 2008. NEVADA. N.R.S. 426.805 Since 2005, a person is guilty of a misdemeanor and shall be punished by a fine of not more than $500. NEW HAMPSHIRE. N.H. Rev. Stat. § 167-D:10 Passed in 2015 any offender shall be guilty of a misdemeanor and subject to enhanced penalties in paragraphs II and III. (fines and penalties not stipulated) NEW JERSEY. N. J. S. A. 10:5-29.5 Introduced in 2013 an offender shall be fined not less than $100 and not more than $500. NEW MEXICO. N. M. S. A. 1978, § 28-11-6 Violations dating back to 1978 is a misdemeanor. (fines and penalties not stipulated but referred to as misdemeanor under NM Common Law)

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NEW YORK. McKinney’s Agriculture and Markets Law § 118 Updated in 2018, 1st violation is $25 fine. 2nd if $50 fine. 3rd offense a fine of $100 or more than 15 days’ imprisonment or both. NORTH CAROLINA. N.C.G.S.A. § 168-4.5 Passed in 2005, a violation of this section shall be a Class 3 misdemeanor. (fines and penalties not stipulated) TEXAS. V. T. C. A., Human Resources Code § 121.006 Punishable by a fine since 2014 of not more than $300 and 30 hours of community service to a governmental organization or a nonprofit organization which primarily serves disabled individuals. Habitual offense can see the fake service animal seized by the state. UTAH. § 62A-5b-106 Passed in 2007 an offender is guilty of a class C misdemeanor (fines and penalties not stipulated) VIRGINIA. VA Code Ann. § 51.5-44.1 Passed in 2016 this is a class 4 misdemeanor (fines and penalties not stipulated) WASHINGTON STATE. HB 2822 – 2017-18 Passed this year in 2018, an offender can be $500 fine for a civil infraction. WYOMING. House Bill 114 Introduced in 2017, a guilty person can be charged with a misdemeanor offense, punishable by a fine of up to $750.

States With Pending Fake Service Dog/Animal Legislation

MASSACHUSETTS & SOUTH CAROLINA. Both states have legislation pending passage in their respective states as of 2018. [Additional Reading: Service Animals and The ADA: The Definitive Guide For Property Managers] As shown above, it’s clear by these recently introduced laws that many states are finally taking seriously the real problem of fake service animals. With this issue gaining more publicity and public awareness across the country, expectations will likely rise to provide nation-wide safeguards and protections for our disabled community and their legitimate service animals. So if your state does not appear on this list right now, just give it time. Please Note: While every attempt has been made to provide accurate and up-to-date information, this list is not intended to replace the qualified advice of a legal professional.

The post 23 States With Fake Service Dog Laws appeared first on Propertyware.

Service Animals and The ADA: The Definitive Guide For Property Managers

Brian Rakowski — Sun, 03 Jun 2018 20:14:13 +0000

Property managers around the nation have often been confronted with the emotional issue of animals in rental properties, with managers, landlords, and tenants rarely finding common ground. Often the property manager will be unaware of the animals’ presence during a background check or screening. And it’s not unusual for animals, typically dogs and cats, to cause damage to a rental property over and above damage caused by their human owners.

What is the Difference Between a Pet, a Service Animal, and a Support Animal?
Service Animals Are Working Animals, Not Pets
- Types of Service Dogs
- Miniature Horses
Emotional Support Animal (ESA), Companion, Assistance, and Comfort Animal
Therapy Animal or Facility Animal
What Do the ADA and FHA Say?
What About My State Laws?
What Are Some Examples Involving Incidences of Pets and Service Animals or Companion Animals That Might Affect Me?
What Are Your Rights as a Property Manager?
FAQ’s

Got (Service) Animals?

According to the American Humane Society, with 20,000 registered Service Animals in the US, you can be sure this emotional issue will be one of an increasing number of property managers will be confronted with. Much of the distress and confusion for property managers comes from not understanding the law as it is written, or the rather unclear terminologies surrounding an animal and its handler. Issues relating to a Service Dog, an emotional support or companion animal, persons with a disability, the requirement according to the ADA, FHA, HUD including public accommodation, are all just some of the topics that we’ll cover in this article. But before we review the legal requirement for a property manager, let’s define the animals in question.

What is the Difference Between a Pet, a Service Animal, and a Support Animal?

There are numerous terms used by individuals to describe an animal deemed by a handler as one of the following; Service Dog, Service Animal, Companion Animal, Assistance Animal, Emotional Support Animal (ESA), Comfort Animal, Therapy Animal, and Facility Animal. These terms may appear interchangeable in most cases but they are not. To best understand the distinctions between these terms, it is best for us to look at the Americans With Disabilities Act (ADA) and the Fair Housing Act (FHA) for clarity. Service Animals are defined only as dogs and miniature horses that are individually trained to do work or perform tasks for people with disabilities. Examples of work or tasks performed by Service Animals include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a veteran or other person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties.

Service Animals Are Working Animals, Not Pets

The work or task a service dog or horse has been trained to provide must be directly related to the person’s disability in order to not be considered a pet. It’s worth noting, however, that The ADA does not require service animals to be certified, licensed, or registered as a service animal. Nor are they required to wear service animal vests or patches, or to use a specific type of harness. While there are individuals and organizations that sell service animal certification or registration documents to the public, The Department of Justice does not recognize these as proof that the dog is a service animal under the ADA. A service dog or miniature horse may accompany persons with disabilities into places that the public normally goes, even if they have a “No Pets” policy. These areas include state and local government buildings, businesses open to the public, public transportation, and non-profit organizations open to the public.

Types of Service Dogs.

Guide Dog/Seeing Eye Dog – is a carefully trained Service Dog that serves as a travel tool for persons with severe visual impairment or blindness.
Hearing or Signal Dog – is a Service Dog that has been carefully trained to alert a person who has significant hearing loss or is deaf.
Psychiatric Service Animals – is a service dog that has been trained to perform tasks that assist individuals with disabilities to detect the onset of psychiatric episodes and lessen their effects. Tasks performed by psychiatric service animals may include reminding the handler when to take medications, turning on lights or providing safety checks or room searches.
Social Signal Dog – is a dog trained to assist a person with autism. The dog alerts the handler to distracting repetitive movements common among those with autism.
Diabetes Alert Dog – is a dog trained to alert a person before their blood sugar becomes too high or low.
Mobility Assistance Dogs – are dogs trained to assist a person with mobility issues such as standing up, stabilizing when walking, retrieving items, turning on lights, opening doors etc.
Seizure Response Dogs – are trained to assist a person with a seizure disorder. The dog aids the handler by making sure the handler stays safe during a seizure, or the dog may go for help.

Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA .

Miniature Horses.

In addition to the provisions about service dogs, the Dept. of Justice revised ADA regulation has a new, separate provision about Miniature Horses that have been individually trained to do work or perform tasks for people with disabilities.

Emotional Support Animal (ESA), Companion, Assistance, and Comfort Animal.

While these terms are often used interchangeably, these animals and their terms are all essentially the same thing. However, while untrained companion animals, assistance animals, emotional support animals, comfort animals are not classified service animals under Title II and Title III of the ADA. If an owner has legitimate documentation from a health professional prescribing a disability-related need for the animal, that pet does qualify as an emotional support animal under the broader FHA definition. As such emotional support animals are offered protection under the law and therefore permitted to live in places where they may otherwise be prohibited. The FHA states Emotional Support Animals can be a dog, cat, or any other species the health professional deems appropriate. These pets do not require any special training. ESA’s that meet these criteria can live with their owners in housing in spite of a No Pets policy and are exempted from pet deposits. They are also allowed on airplanes without a pet fee. Again, while the ADA specifically does not consider these animals as Service Animals (trained specifically to perform a task) their broader definition as medically prescribed animals does provide these animals with some legal protections under the FHA with regards to housing.

Therapy Animal or Facility Animal.

Therapy animals are animals of any species that visits hospitals, schools, nursing homes and other facilities to interact with patients or students in a mentally or emotionally beneficial way. Dogs, cats, pigs, rats, bunnies and even horses, alpacas and lizards have served as therapy pets. Often dogs and cats go through a rigorous evaluation and are certified by an organization to perform therapy pet duties. These animals are mainly pets who are privately owned by a volunteer, and other than their assigned visits, they have no protections under federal law. As such, these animals are generally deemed to be pets and subject to all requirements and restrictions a non-pet owning tenant may have to comply with when renting or leasing accommodations.

What Do the ADA and FHA Say?

Current laws exist now at the federal and state level. In order to define what type of animal is legally permitted to reside in a rental property, we must first define who is allowed to own them and what the legal requirement is for both the handler and the property manager.

Image Credit: NorthStar WI

The Fair Housing Act (FHA) and the Americans With Disabilities Act (ADA): Both are civil rights acts, enacted to provide certain protected classes with equal access to the use of housing and public accommodation.

The FHA more broadly provides certain classes of people with equal access to housing and to the facilities and services associated to housing. The protected classes include race, color, national origin, religion, gender, familial status, disability. However, many of the provisions of the FHA regarding renting, selling and advertising of housing are not mandated to, and typically do not apply to community associations. However, a community association must be careful that adopted rules & regulations apply equally to all residents, and this cautiously considers requests for reasonable modifications and reasonable accommodation as to avoid any claim of discrimination.
The ADA specifically addresses the issue of discrimination against individuals with a disability in the use and enjoyment of places of public accommodation. Places of public accommodation are required to maintain certain accessibility features to allow persons with a disability the equal opportunity to access and use the public accommodation.

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What About My State Laws?

As of August 2018, there were twenty-three states across the nation that enacted some kind of legislation to crack down on pet-owners who falsely claim their pet as a service animal. While all states comply with the federal laws protecting disabled Americans, the laws and the associated penalties for service animals vary widely between states. [Additional Reading: 23 States With Fake Service Dog/Animal Laws] For example, the crime of misrepresenting service dogs/animals in Texas is considered a misdemeanor and punishable by a $300 fine and up to 30 hours of community service. In California, for instance, it is a misdemeanor to falsely and knowingly claim that you are an owner or trainer of service animals. If found guilty, the perpetrator can face up to six months in jail and/or a fine up to $1000. Some states even go so far as to make it a crime to impersonate a person with a disability in order to obtain service animals or companion animals. This increased awareness by states is an indication of just how serious the issue of fake service animals has gotten. If the states are passing laws to combat this phenomenon, surely property managers should be made aware of their legal and moral responsibilities too.

What are some example incidences of pets and service animals or companion animals that might affect me?

Animal on Animal Attack. To illustrate an incident that a property manager would have been involved with, check out Earle’s story from 2017 where a resident seemingly attempted to smuggle a pet onto the premises “disguised” as a service dog. The pet owner did not herself claim to be disabled, but the story took a turn for the worse when the smuggled pet attacked another residents dog – and that dog was a certified service animal. Needless to say, it did not end well for the tenant who’s aggressive pet was discovered to have been in fact, just that, a pet. This story highlights the very real legal challenges faced by property managers, landlords, and tenants with a disability when navigating the issue of service animals or emotional support animals. Sadly there are some individuals in our community who will do whatever it takes to game the establishment. The comparison made in this story is a good one, it is not unlike people parking with fake handicap signs in disabled parking spaces. To intentionally deceive a property manager, landlord or other tenants about the status of a pet is not only immoral, but it is also increasingly becoming illegal. Specific Breeds. Another major consideration for property managers is balancing the well-being of residents and the public on their premises at all times. This can be a challenge regarding certain breeds of dogs that are, fairly or unfairly, often viewed in a negative light. I think a breed that springs to mind, of course, is pit bulls. Love them or not, they are out there in ever-increasing numbers. I can hear you saying, “Surely pit bulls can’t be trained as service animals?”. Well, here’s the thing…yes. They can. Despite the identification of pit bulls as a particularly dangerous breed, more and more cities are lifting breed-specific bans on pit bulls and others ‘dangerous breeds’ to once again allow them within city confines. Ultimately, pit bulls and other perceived dangerous breeds that can act as service animals will always fall under the protection of the regulations that count most; The FHA and ADA. A city may have local laws that include a dangerous breed regulation, but that does not overrule the right any person with a disability has to freely access any public or private area with a service or companion animal. Remember, service animals are not pets. The breed, size, and weight may not be scrutinized when determining whether an animal should be accepted as a service animal.

What Are Your Rights as a Property Manager?

Property managers have to walk the tightrope between providing a welcoming and professional environment for all new or existing residents, while also following due diligence in adhering to the conditions and expectations of a lease, on behalf of the landlord or management company they represent. So, you now know what constitutes a service animal or an emotional support animal (ESA), and what legal protections their handlers are afforded when seeking public accommodations. But what about you? What can you do that displays a clear act of non-discrimination but is also fair to you in the undertaking of your tasks? What you cannot do is as ask the person what their disability is, even if it is not plainly apparent. You cannot ask for medical documentation of any kind – for the handler or for the Service Dog. You also cannot ask the Service Dog demonstrate its ability to perform the work or task. And finally, you cannot ask for a special identification card or proof of training documentation for Service Dog. What you can do is determine first if the animal is either: A Service Animal (trained) or an Emotional Support Animal (untrained). Service Animal: If the animal in question is presented as a Service Dog or Horse, how you determine the status of that Service Dog or Horse is laid out clearly by HUD by asking exactly two questions to determine whether an animal qualifies as a service animal. You may only ask:

Is this a Service Animal that is required because of a disability?
What work or tasks has the animal been trained to perform?

That’s it. If in doubt? Don’t ask! Emotional Support Animal (ESA): Now, the law is less definitive and does not require that level of compliance when the animal is presented by the owner as an animal providing emotional support.

A property manager can ask for proof of medical need, such as a note from a doctor or therapist or other official documents supporting the claim.
A property manager can charge a security deposit and may still seek money from the tenant if there is any damage caused by the animal to the home.
If the animal presents itself as a nuisance to others, a property manager does have the right to try to remove the support animal through legal proceedings.
The owner of an ESA must request the accommodation in writing – unlike Service Animals. An example could be a brief personal statement explaining to the property manager or landlord that they are asking for “a reasonable accommodation to keep their pet who functions as an emotional support animal.”
A property manager cannot request an ESA perform a certain task.
A property manager cannot inquire about the extent of a person’s disability, or ask for detailed medical records.
A property manager cannot refuse to accommodate an animal based on the limitations of their insurance policy including the species, breed or weight of the support animal.

Again, service animals and emotional support animals are not considered pets so property managers cannot prohibit these animals from living in or freely moving around the rental property. You also cannot charge a pet deposit or pet rent and as such cannot apply a standing Pet Policy to these animals. You may, however, collect a security deposit for a support animal and seek compensation for any damages caused by that specific animal (ex. relieving itself in a carpeted area) such as cleaning or repair costs.

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Frequently Asked Questions (FAQ’s)

Can a cat, bird, snake or other animals be classified as Service Animals?

NO. According to the FHA, service animals are distinctly classified as being a dog or miniature horse only.

Can a cat, bird, snake or other animals be classified as Emotional Support Animals?

YES. According to the FHA, a support animal can be a cat, dog or another type of companion animal, and does not need to be trained to perform a service. The emotional and/or physical benefits from the animal living in the home are what qualify the animal as an assistance animal. A letter from a medical doctor or therapist is all that is needed to classify the animal as an Emotional Support Animal.

How many Service Animals can a resident have?

A resident can have more than one service animal. It may mean a person with a disability requires, for example, two service animals as this person may have a visual disability and a seizure disorder, so uses one service animal to assist with navigating the world and the other as a trained seizure alert dog. There is no maximum number of service animals explicitly stated in current laws.

How many Support Animals can a resident have?

A resident can have more than one Emotional Support Animal. There are no specific rules stating the maximum number of ESAs a person may have. As long as the animal(s) does not violate any state or local laws and the residents’ therapist provides supporting documentation for each and every animal, the animals are permitted. As long as this reasonable accommodation clause does not cause any undue burden to the rental unit’s landlord, manager or owner. The number of emotional support animals should also make sense for the accommodation sought. For example, having one or more horses in an apartment may not be feasible, especially given the health and wellbeing of the Support Animals must also be addressed. All animals will need to be fed, groomed and given veterinarian care. More FAQ’s from the ADA.

So Now You Know!

Of course, discrimination is the last thing anyone wants to be accused of in any aspect of life but for property managers, this takes on a whole other significance when looking at the all-encompassing requirements found within the FHA and ADA regulations. For further information on both FHA and ADA over and above what we covered in this article, I’d strongly suggest you check out the following link and sign up your free copy of ADA and FHA Accessibility Guide For Property Management eBook which is an invaluable resource for property managers. If you’re a property manager dealing with the types of issues discussed in this article, my advice to you is to brush up on the state laws or Service Dog Law in your state, as there may be some further pertinent requirements not covered here. Ultimately I would advise you err on the side of caution, knowing that when a person walks on to your premises and declares the animal with them as anything other than a pet, chances are the law is on their side. Call it a Service Animal, an emotional support dog, an assistance dog, but just don’t call it a pet. Of course, you and the property owner have rights, but as any business owner will tell you – the customer is always right. Don’t risk being in breach of the Americans with Disabilities Act in order to collect a pet deposit or deny an application on a hunch. Take the time to meet with the applicant and their animal, ask the right questions and if you still have serious concerns about the validity of a tenant and the status of their animal, seek legal advice from an attorney. Please note: While every attempt has been made to provide accurate and up-to-date information, this should not replace the qualified advice of a legal professional and is provided for entertainment purposes only.

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