Legislative
NAA Legislative Conference - Washington DC March 6th thru the 10th. Lenora Carpenter, Christine Lee and Debbie Haukenberry will be attending this years conference and bringing back great information for our membership. Be sure to log on to the website and keep up to date on legislative issues.
Local Issues
KC MO Rental Regulation
01-31-09 January 31st is the deadline for rental unit registration. You must register every year.
Late fees are being assessed for any owners who have yet to register their properties.
KCMO Business License Litigation
11-06-08 Jackson Circuit Court Judge O’Malley granted a one year continuance. At the request of the City Attorney, the HAA/AAKC has outlined its relative “point of beginning” with respect to restructuring the business license funding requirement to a flat fee basis (cost per unit as opposed to paying on a gross receipts calculation). This is being advanced with some understanding that the City may choose to address only the passive ownership of multifamily rental units, and not speak to the gross receipts approach to any other type of income property. There has been no further progress and the anticipation is to have a response from the City Council office as to how negotiations are to proceed.
NKC Proposed Rental Licensing
01-31-08 On the evening of January 29th a meeting of rental property owners was held, and they were advised that by the NKC Fire Chief that it was likely that the city council would soon take up discussion of rental unit licensing and inspections. This would be considered within the context of NKC’s adoption of the updated 2006 International Residential Codes, as well as stronger property maintenance codes enforcement. There is no doubt that the city will be looking for new registrations or license fees to offset the revenue needed for these initiatives.
KCMO Fire Inspection Litigation – There was a recent meeting with the opposing attorneys in Judge Del Muro’s chambers, at which time she ordered that the City draft a letter to be sent to every business of record to communicate the possibility that a refund may be due the recipients (upon proof of payment).
KCMO Sign Ordinances – An upcoming issue to watch for in KCMO is the new sign ordinances being considered by the city. There is a high likelihood that there will be more strictly enforced regulations on sign and letter sizes in the near future.
KCMO Trash Rebate
11-06-08 KCMO communities should be in receipt of coupons from KCMO Public Works Solid Waste Division Manager regarding their trash rebate. The declaration "coupons" for the months of April through September, 2008 (payments were made one month in arrears). Communities should complete and return their coupons to the city, which will ask for a determination of occupied units for the period, will trigger a lump sum remittance (for six months) of the trash rebate to your respective property. It is anticipated that once the city is in receipt of the completed coupon, payment should be processed within a matter of a couple of weeks.
The AAKC is requesting your consideration of providing one month or $3.00 per door contribution of your rebate to support on-going legislative issue. The efforts of the HAA/AAKC has continued to provided significant saving of expenses and representation of multi-family owner support to defend and protect property values and operations.
06-15-08 The Transportation & Infrastructure Committee conducted a hearing about the trash rebate program on Thursday, June 12th. It is anticipated that the full City Council will vote to eliminate the program on June 19th. The payments these owners are currently receiving for providing trash collection to their tenants would cease which would have a major financial impact on apartment owners in Kansas City, Missouri. This year alone the program, which began in 1976, would have given $1.4 million to owners of multi-family communities, collectively. The city council sites budget constraints as the main reason for elimination of the program.
The Apartment Association is working with Jim Bowers in preparation of filing an appropriate lawsuit in response to the City Council's action.
Lenexa Registration Initiatives – Lenexa has begun billing for 2008 license fees, and the bills had improperly calculated. If you have properties in Lenexa, please check your bills to make sure your amount was calculated correctly.
Rick Oddo, AAKC representative on the Overland Park task force committee reported to the owners group that Overland Park had conducted a series of heavily biased (against landlords) task force meetings moving toward the registration and licensing of rental housing in single family, duplex and triplex buildings. Rick will keep AAKC up to date on any changes in the Overland Park registration and licensing issues.
Prairie Village Rental Licenses – The AAKC is requesting as much feedback as possible on the inspection process for occupancy licensing in Prairie Village. Please contact the Legislative Committee to report how inspections are going, whether inspection delays are causing problems with occupancy licenses, what costs are resulting from the inspections, etc.
AAKC meets with other groups, HAA, Landlords Inc, IREM on a monthly basis to stay current on local issues which affect the owners of the apartment industry.
National Issues
For the most current information on government issues facing multi-family housing, visit www.nmhc.org
The National Multi Housing Council
1850 M Street, NW, Suite 540
Washington, DC 20036
Pool and Spa Safety Act
11-06-08 By December 19, 2008, all public pool owners/operators must:
- Install drain covers the meet the ANSI/AMSE A112.19.8-2007 standard on EVERY drain/grate. A list of cover manufacturers can be found at www.cpsc.gov.whatsnew.html#pool.
- Install an automatic shut-off system, gravity drainage system, Safety Vacuum Release System (SVRS), suction-limiting vent system or disable the drain if the pool operates off a SINGLE main drain. Pools and spas with unblockable drains are exempt from this requirement. A list of SVRS manufacturers can be found at www.cpsc.gov.whatsnew.html#pool.
- Ensure that dual or multiple drains are at least 3 feet apart.
Pools and spas not open on December 19, 2008 are not required to be in compliance until the day the pool or spa is re-opened.
The new Consumer Product Safety Improvement Act REQUIRES all new drain and grate covers be certified to all applicable standards starting on November 12, 2008.
The Consumer Product Safety Commission staff recommends that to ELIMINATE and not just MITIGATE the drain entrapment hazard in pools and spas, pool owners should disable old drains or build new pools without any drains and use gutters, overflows and/or skimmers to provide water to the pump.
Pool and Spa Safety Act Pool and Spa Safety Act FAQ's
NAA and Others Decry Apartment Squeeze
Digested From "Industry Groups, Advocates Decry Apartment Squeeze"
Commercial Property News (04/09/08) by Dees Stribling
Apartment groups and advocates for affordable housing have been sounding some similar alarms lately about the squeeze on apartment residents. Both are urging that more action from the federal government is needed in dealing with the worsening problem. The National Apartment Association recently joined with the National Multi Housing Council and the National Leased Housing Association in testifying before the Senate Banking Committee that thousands of affordable housing residents are at risk of losing their housing if lawmakers do not force changes at the HUD. Hector Pinero, senior vice president of Related Management, cautioned that the Section 8 housing program is facing major disruptions as HUD is no longer making timely payments to building owners who take part in the program. A recent report by the National Low Income Housing Coalition, titled "Out of Reach 2007-2008," found that there is no metro area or rural county in the nation in which a full-time minimum wage earner by him- or herself can afford the rent on even a modest one-bedroom apartment.
2008 Highlights
In addition to promoting a smarter, more balanced national housing policy and more affordable housing, NMHC/NAA will weigh in on other important issues throughout 2008, including:
* Green Building/Energy Efficiency. NMHC/NAA ask Congress to provide incentives for energy-efficient and green buildings and equipment and also to fund research to spur energy conservation. We also support the voluntary use of practical, proven and cost-effective energy-efficient and green building principles in new and existing buildings.
* Carried Interest. NMHC/NAA strongly oppose proposals to change the current law governing the tax treatment of carried interests because these efforts, which were originally designed to reign in the hedge funds, also target real estate partnerships. Real estate partnerships are fundamentally different in terms of mission and scope. Taxing the subsequent long-term capital gain on the sale of the apartment asset as ordinary income, as prior proposals have attempted, would have a severely negative effect on the production of much-needed affordable rental housing.
* Federal Estate Tax Reform. NMHC/NAA support efforts to reform the estate tax rather than repealing it. Specifically, the apartment industry is urging Congress to permanently extend the law as it will exist in 2009, but with higher estate exemption amounts, lower tax rates and stepped-up basis retained.
* Immigration Reform. NMHC/NAA urge Congress to enact a comprehensive immigration law that protects our borders and provides a reasonable and enforceable guest worker program. NMHC/NAA also urge Congress to preempt state and local efforts to create immigration policy by reserving for the federal government the authority to enact and enforce immigration policy.
Other important issues that will be targeted by NMHC/NAA this year are outlined in the 2008 NMHC/NAA Legislative & Regulatory Priorities booklet posted at www.nmhc.org/goto/3149.
Missouri State Issues
Missouri Introduces Illegal Immigration Relief Act
Missouri Rep. Vicki Schneider (R-17) proposed HB 1736 to establish the Missouri Illegal Immigration Relief Act to assist the federal government in enforcing federal immigration laws.
Agencies and political subdivisions of the state are prohibited from providing any state or local benefit or federal public benefit to a person who is unlawfully present in the United States, except for certain state or local benefits or federal public benefits exempted under federal law and kindergarten through 12th grade education. An applicant 18 years of age and older must sign an affidavit attesting that he or she is a United States citizen or a qualified alien. Eligibility must then be verified through the federal Systematic Alien Verification for Entitlements Program. Temporary public benefits may be provided until verification is complete or for a period not to exceed 60 days. Applicants denied public benefits will have access to all administrative reviews and appeals to a court allowed by law.
By Jan. 1, 2009, every employer in the state must register with and use the federal E-Verify Program operated by the U.S. Department of Homeland Security to verify the federal employment authorization of all new employees. All documentation received on the authorization must be retained for three years after the termination of the employee. The penalty for employers who do not use E-Verify will be suspension of all business licenses for 30 to 60 days for a first offense, suspension for one to two years for a second offense and suspension for five to 10 years for a third offense. Public employers cannot enter into contracts with contractors that do not use E-Verify.
No government entity or official or political subdivision can prohibit or restrict any other government entity or official from communicating or cooperating with federal officials on the immigration status of any person in this state. No person or agency can prohibit or restrict any public employee from communicating or cooperating with local, state, or federal officials on the immigration status of any person in this state.
The Attorney General must report to the General Assembly on all government entities, agencies and political subdivisions that have written or unwritten policies regarding prohibitions or restrictions on communicating with federal officials regarding immigration issues. Any entity, agency, or political subdivision with this type of policy cannot receive state funding for the next fiscal year.
All political subdivisions of the state are authorized to enact laws prohibiting or restricting employment of unauthorized aliens and the harboring of illegal aliens, including the leasing of rental accommodations. Penalties that political subdivisions can impose include business license revocation and fines of up to $10,000 per violation. (Missouri Apt. Assn. – Patrick M. Horn)
Missouri Considers Property Owners Protections During Evictions
Missouri Rep. Michael Daus (D-67) proposed legislation, HB 1801, to exempt property owners, or their representatives, from liability for any loss or damage to household goods, furnishings, fixtures or personal property resulting from the removal or disposal of the property upon the enforcement of a judgment granting possession of the premises. If any property bears a label or mark identifying it as the property of a third party, the property owner must make a reasonable effort to notify the third party to remove the property within five business days of the date of the execution to recover the property. (Missouri Apt. Assn. – Patrick M. Horn)
Sexual Orientation Protection Being Considered in Missouri
Missouri Sen. Joan Bray (D-24) wants to prohibit discrimination based upon a person's sexual orientation by introducing SB 1019. Under this bill, discrimination includes unlawful housing practices, denial of loans or other financial assistance, denial of membership into an organization relating to the selling or renting of dwellings, unlawful employment practices and denial of the right to use public accommodations.
This act defines "sexual orientation" as male or female heterosexuality, homosexuality, or bisexuality by inclination, practice, identity or expression, or having a self-image or identity not traditionally associated with one's biological gender.
The act also specifies that discrimination includes cases where unfair treatment results from the guilty party's mere assumptions about the victim's characteristics of race, religion, etc., whether or not such assumptions are true or false. (Missouri Apt. Assn – Patrick M. Horn)
Kansas State Issues
Your local representatives are a great resource for the most current information on issues affecting your business and community. You can also contact these representatives to bring new concerns to their attention.
For general information on government issues in the state of Kansas visit www.kansas.gov
For information on your state legislature, visit www.kslegislature.org
For a list of talking points to discuss with your local representative click here.
Kansas Governor:
Gov. Kathleen Sebelius
(D)
Phone: 785.296.3232
300 SW 10th Ave, Ste 2125
Topeka, KS 66612
Kansas Senators:
Sam Brownback (R)
Phone: 202.224.6521
www.brownback.senate.gov
District office in Overland Park: 913.492.6378
Pat Roberts (R)
Phone: 202.224.4774
www.roberts.senate.gov
District office in Overland Park: 913.451.9343
Representatives:
Dennis Moore (D), 3rd District including Johnson and Wyandotte Counties
Ph. 202.225.2865
www.house.gov/moore
Overland Park office: 913.383.2013
Nancy Boyda (D), 2nd District, including Douglas and Jefferson Counties
Phone: 202.225.6601
www.boyda.house.gov
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