Category Archives: News

New Law Will Stick it to Landlords

 

So much for property rights.

A councilman in Prince George’s County, Maryland has come up with a way to stick it to landlords, by making them responsible for law enforcement against their tenants. 
 
The proposed law is part of the county’s new crime reduction program.  Under the rules, landlords, not police, are responsible for dispensing justice on unruly tenants. 
 
Forced Evictions
 
The new proposal requires that landlords evict tenants who have been ticketed for noise violations.  This includes any sort of noise that can be heard a short distance outside the rental property.  The evictions are at the landlords’ expense, in a county where the backlog can take several months to complete. 
 
Landlords who fail to comply will lose their rights to rent in the county.
 
 
Blacklist 
 
Once a tenant has been evicted under this new law, they are to be blacklisted from any rentals in the county, possibly for as long as a year.  It is not clear whether the tenant actually has to be convicted of the noise ordinance violations before they are blacklisted. 
 
Landlords who rent to these black sheep may face penalties, increasing the already difficult burden of screening tenants, and creating possible liability for discrimination.
 
Opponents to the measure point out that law enforcement is not a landlord’s job, nor their responsibility.  But it appears many local residents feel that it is unruly tenants who are ruining their otherwise tranquil neighborhoods. 
 
This law is not unlike other measures proposed in small college towns around the country, where council members are experimenting with zoning restrictions that prohibit unrelated roommates, restrict the number of residents per property, limit parking rights, impose curfews, or beef up police patrols around rental properties.  In a neighborhood adjacent to the University of Colorado, a school that rates high on the party meter, the city attempted to discourage the barrage of raucous keggers and outdoor couch fires by prohibiting all residents of the neighborhood from setting any upholstered furniture on their porches, decks or lawns.
 
If the Maryland law does take effect, there is some controversy over whether it is constitutional to single out rental property owners. 
 
After all, the homeowner with the chronically barking dog is not being threatened with seizure of their property. 
 
See AAOA”s feature,  Landlord Too Lax on Noise Enforcement.
 
American Apartment Owners Association offers discounts on products and services for landlords.

Pending Home Sales on a Record Roll

Contract activity for pending home sales has risen for six straight months, a pattern not seen in the history of the index since it began in 2001, according to the National Association of Realtors®.

The Pending Home Sales Index, a forward-looking indicator based on contracts signed in July, increased 3.2 percent to 97.6 from a reading of 94.6 in June, and is 12.0 percent higher than July 2008 when it was 87.1.  The index is at the highest level since June 2007 when it was 100.7.

Lawrence Yun, NAR chief economist, said the housing market momentum has clearly turned for the better.  “The recovery is broad-based across many parts of the country.  Housing affordability has been at record highs this year with the added stimulus of a first-time buyer tax credit,” he said.

“Other buyers are taking advantage of low home values before prices turn higher.  Nationally, the typical mortgage payment now takes less than 25 percent of a middle-income family’s monthly income to buy a median priced home, with payment percentages so far in 2009 being the lowest on record dating back to 1970.  As long as home buyers stay within their budget, mortgage payments will be very manageable,” Yun said.

NAR estimates that about 1.8 to 2.0 million first-timebuyers will take advantage of the $8,000 tax credit this year, with approximately 350,000 additional sales that would not have taken place without the credit.  Buyers have little time to act because they must complete the transaction by November 30 to qualify for the credit.  Unless extended, contracts signed but not completed by that date will not be eligible – it is taking approximately two months to complete home sales in the current market.

The Pending Home Sales Index in the Northeast declined 3.0 percent to 78.8 in July but is 4.7 percent higher than July 2008.  In the Midwest the index slipped 2.0 percent to 88.1 but is 8.1 percent above a year ago.  In the South, pending home sales activity rose 3.1 percent to an index of 103.8 in July and is 12.0 percent above July 2008.  In the West the index jumped 12.1 percent to 112.5 and is 20.0 percent above a year ago.

NAR President Charles McMillan, a broker with Coldwell Banker Residential Brokerage in Dallas-Fort Worth, said Congress needs to keep the momentum going.  “Even with a good recovery taking place, the market is not yet back to normal.  With a gradual absorption of inventory, we are on the cusp of a general stabilization in home prices,” he said.

“To ensure that housing has a broad stimulus to the overall economy and stays on sound footing, we’re encouraging Congress to extend the tax credit into 2010, and to expand it to all buyers of primary residences.  The faster we stabilize home prices, the fewer families will face foreclosure and the quicker credit can be extended to other sectors of the economy,” McMillan said.

NAR’s Housing Affordability Index stood at 158.5 in July, below the peak set in April but is still 36.0 percentage points higher than a year ago.  The HAI is a broad measure of housing affordability using consistent values and assumptions over time, which examines the relationship between home prices, mortgage interest rates and family income.

Yun expects existing-home sales to rise through the fourth quarter.  “Unless the Pending Home sales on a record roll ……continued from front covertax credit is extended, no one should be surprised to see home sales drop in the firstquarter of next year,” he said.  “However, the fundamentals of the housing market and the economy are trending up, and we expect home sales to generally pick up in the second quarter of 2010.  The buyer psychology may be shifting from, ‘Why buy now when I can purchase later,’ to ‘I don’t want to miss out on a recovery’.”

The National Association of Realtors®, “The Voice for Real Estate,” is America’s largest trade association, representing 1.2 million members involved in all aspects of the residential and commercial real estate industries.

The Pending Home Sales Index is a leading indicator for the housing sector, based on pending sales of existing homes. A sale is listed as pending when the contract has been signed but the transaction has not closed, though the sale usually is finalizedwithin one or two months of signing.

Article courtesy of Professional Edge.  The Bronx-Manhattan North Association of Realtors.  September 2009.  www.BMAR.org