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Archive for October, 2020

Props to You, Californians: Real Estate’s 3 Slices of the November Ballot By- CALmatters

Posted on 01. Oct, 2020 by .

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This wouldn’t be a California election without at least a few wildly contentious ballot measures about housing and property taxes. After a bit of last-minute legislative maneuvering, the 12 propositions that California voters will be asked to weigh in on has been finalized. Here are the three real estate-related ones: Prop 15: Split Roll Who […]

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AB 3088 – COVID-19 TENANT RELIEF ACT OF 2020

Posted on 01. Oct, 2020 by .

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Evictions Under the COVID-19 Tenant Relief Act  Extends notice period from 3 to 15 days (not including weekends or holidays) to provide tenant additional time to either pay or provide declaration of hardship in response to landlord’s notice to pay rent or quit. Tenant cannot be evicted for nonpayment due to a COVID-19 related hardship […]

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Legal Q & A By-Franco Simone

Posted on 01. Oct, 2020 by .

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Q: I am advertising my single-family residence for rent. I received an inquiry from an interested woman asking if I accept section 8 tenants. Can I refuse to rent to tenants that have section 8 vouchers? A: No, effective January 1, 2020, landlords with properties in the state of California cannot refuse to rent to […]

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What Real Estate Deals Can Be Made During COVID-19? By-Cliff Hockley

Posted on 01. Oct, 2020 by .

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We are all wondering if brokers and investors can find deals during this pandemic. The answer is a resounding yes!!! Investors, appraisers, and financial institutions are resetting their visions and policies to adjust to our new reality. Consensus is that this current environment is not going away anytime soon so we need to adjust. In […]

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Tenant Who Owes Three Years of Rent is Suing Landlord for $5 Million! By-Sarah Rojas

Posted on 01. Oct, 2020 by .

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An AOA member called our office to gain some guidance – she is a “mom-and-pop” landlord.   She asked me if she would be able to sell her eight-unit Hollywood building while currently being sued by a past tenant – a past tenant who lived rent-free on her property for over three years!  A property […]

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Fire Extinguishers Reduce Risk & Liability by Jim Maxey

Posted on 01. Oct, 2020 by .

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Fire Extinguishers are the first line of defense for your property against fire. They are most effectively utilized when they are readily available in sufficient numbers and have adequate extinguishing capacity.  Most building fires occur around laundry rooms, elevator/electrical rooms, parking areas, and kitchens.  If a fire occurs, remember to evacuate the building, sound the fire […]

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Billionaires Can Help Financially Distressed Tenants and Landlords with a Sensible Solution By-Daniel Bornstein

Posted on 01. Oct, 2020 by .

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Tenants are fearing homelessness, while many cash-strapped landlords are in dire straits. Private-sector interest-free loans could assuage the fear of eviction while keeping landlords solvent. When COVID-19 reared its ugly head, tenants’ advocates sounded the alarms, and lawmakers heard the call. Fearing massive displacement of renters who have lost income due to the pandemic, and […]

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Prop 15 – Deceptive Ballot Information to Remain on the Ballot By-Jon Coupal

Posted on 01. Oct, 2020 by .

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The Howard Jarvis Taxpayers Association filed a writ of mandate directly to the California Court of Appeal for the Third Appellate District seeking reversal of a trial court decision handed down on Tuesday that failed to correct false and misleading ballot material submitted by California Attorney General Xavier Becerra to Proposition 15, the largest property […]

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Property Management in the Era of COVID-19 By-David Crown

Posted on 01. Oct, 2020 by .

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The current moment is a strange and dismaying one for people in all kinds of businesses – perhaps more accurately, it’s a strange time to be alive. In the past five months, the rapid spread of COVID-19 has accounted for hundreds of thousands of deaths and changed the way we go about our daily lives. […]

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Tax Court Finds Loss from Sale of Property Not Deductible By-Peter Muffoletto

Posted on 01. Oct, 2020 by .

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In a recent U.S. Tax Court matter, it was found that a taxpayer could not deduct a loss from their sale of real property due to the fact that they failed to establish the cost basis of the property sold. Losses are not deductible relating to non-business dispositions; therefore, taxpayers are not allowed to deduct […]

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Should You Own Rental Property? By-Terry Moore

Posted on 01. Oct, 2020 by .

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Rental ownership is face-to-face capitalism. It’s hands-on. When you own shares in a large corporation, you don’t get a say in how that company is run. When you own rental property, you make decisions that affect your income stream and the value of your asset. Good landlords increase their property’s value. The best landlords learn how […]

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Legal Q & A By-Dennis Block

Posted on 01. Oct, 2020 by .

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Question One: I own a condominium in Long Beach, California. It is currently leased on a month-to-month rental agreement. My daughter is getting married and asked if she could move in after the wedding. Based on her request, I served a 60-day notice to terminate one of my tenants. My tenant informed me that they […]

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Could Buying a Vacation Home Be a Good Investment? By-Mercedes Shaffer

Posted on 01. Oct, 2020 by .

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Vacation homes and single-family residents have traditionally been regarded as risky and sub-optimal investments compared to multi-unit properties, but has the COVID pandemic changed that? Tired of Being Home Travel plans came to an abrupt halt when the world was hit with the COVID-19 pandemic, but the need to get away and go on vacation became stronger than ever.  […]

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Did You Know By-Dennis Block

Posted on 01. Oct, 2020 by .

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Under the newly created Tenant Relief Act (AB 3088): A tenant cannot be evicted for nonpayment of rent that became due between March 1, 2020 and August 31, 2020 if the tenant returns a declaration of COVID-19-related financial distress to the landlord. A tenant cannot be evicted for nonpayment of rent that became due between September 1, 2020 and January […]

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The Biggest Threat to Your Rental Property is NOW! “2020 – The Year of Free Rent”

Posted on 01. Oct, 2020 by .

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Whoever thought that housing providers would be forced by law to rent their property to housing consumers for free?  You can hear owners saying “that will never happen with my apartment building, it would be against the U.S. Constitution!” Well, folks, it has happened and, in addition, we could now be facing the loss of […]

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You Can Leverage Your Parent-Child Exclusion from Property Tax Reassessment By-Kenneth Ziskin

Posted on 01. Oct, 2020 by .

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ince the adoption of Proposition 13 in 1978, many long-time income property owners have benefitted greatly from property tax assessments that have grown more slowly than market values.  This has given them property tax savings frequently equal to 20-30%, or more, of cash flow before property taxes.   However, when you pass that property to heirs, […]

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Information, Not Advice – Part 17: Speculation By-Klarise Yahya

Posted on 01. Oct, 2020 by .

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Overview:  Recessions are part of the natural cycle of economic growth. They serve to sweep away failing businesses while fostering new ones. Not all recessions are the same. Most recessions are shallow, of limited duration, and pass without affecting social norms. They are of no lasting cultural import. No additional welfare programs are added. The […]

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Medicare – What You Need to Know About AEP By-Matthew Faller

Posted on 01. Oct, 2020 by .

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  Well, Medicare season is fast approaching once again.  Here comes that annual opportunity to change or upgrade our Medicare plans.  Maybe it’s the chance to explore new plans and benefits, the chance to better your drug coverage and reduce costs, or to change your provider network.  Yes, coming up is the Annual Enrollment Period […]

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VOTE NO ON INITIATIVE RC! The 2020 Burbank Just Cause Eviction and Rent Regulation Measure By-Attorneys John Gerro and George Gerro

Posted on 01. Oct, 2020 by .

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  This November, radical rent control will appear on the ballot for Burbank voters. “Initiative RC,” also known as the “2020 Burbank Just Cause Eviction and Rent Regulation Measure,” implements its explicit policy of “regulating … to the maximum extent permitted.” It is apparent that the passage of the proposed initiative will have an immediate […]

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U.S. Inflation Has Been Below Fed’s Target For Years By-Gary D. Halbert

Posted on 01. Oct, 2020 by .

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To begin this discussion, let’s take a look at the U.S. inflation rate. The most-cited inflation measure is the Consumer Price Index (CPI). The CPI has been running around 2% or below since mid-2012. As you can see below, the CPI dipped to near zero in June of this year before rebounding modestly in July. […]

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Legal Q & A By-Beckman

Posted on 01. Oct, 2020 by .

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Question 1:   Have there been any developments on the rights of landlords during the COVID-19 crisis? Answer 1: Not surprisingly, yes. The two biggest developments are the expiration as of September 1 of the California Supreme Court’s April 6th order, applicable to all county courts, which had operated to prohibit new eviction actions (other […]

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Management Tips from MRLANDLORD.COM (Shared by landlords nationwide)

Posted on 01. Oct, 2020 by .

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Where does everyone advertise their vacancies? That was the million dollar question asked last week on our forum. The responses from landlords across the country are below (in no special order, just as they were shared):  12 Places Where Landlords Advertise   Zillow Zumper Craigslist Gosection8 Hot Pads Trulia MLS Facebook Marketplace Facebook Groups Apartments.com AHRN […]

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Non-Refundable Purchase Deposits vs. Liquidated Damages Which Is Better? By-Dale Alberstone

Posted on 01. Oct, 2020 by .

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Hello everybody.  My topic this month discusses problems with the legality of a “non-refundable” deposit provision in a real estate purchase contract, and presents possible alternatives. The Problem with Non-Refundable Deposits Often, the seller of real property wants the buyer’s deposit to be non-refundable meaning that if the buyer defaults under the contract or wrongfully […]

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What 2020 Has Taught Multifamily Leasing Professionals About the Power of Human Connection By-Robyn Tyne

Posted on 01. Oct, 2020 by .

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As 2019 came to a close, the world felt tired, overworked, and even “peopled out.” The overall sentiment in those early days of 2020 boiled down to a two-word phrase: burn out.  Gallup’s research results showed that around 45% of Millennials experienced “sometimes” burnout. 45% is a massive number. 2020 was expected to be more of […]

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Prop 21 Destroys Housing Vote “NO”!

Posted on 01. Sep, 2020 by .

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A version of the following was written by housing provider and attorney Michael Millman. In 2018, Michael Weinstein, President of the AIDS Health Care Foundation, promoted Proposition 10 to extreme rent control to approximately 540 cities throughout California.  It was defeated by almost 70% of the voters. Proposition 21, of course, is the “son” of […]

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Lawsuits Against Landlords Cost Owners Thousands! By- the Editors of the Rental Housing Journal

Posted on 01. Sep, 2020 by .

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Settlement agreements send a clear message to all property owners and landlords that HUD is committed to taking appropriate action when offenders act in behavior that violates the Fair Housing Act. Landlords to Pay Tenants to Settle Sexual Discrimination Complaint The owners and manager of a Bakersfield, California apartment complex have agreed to pay $14,500 […]

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Handling Maintenance Issues in a Pandemic By- Bradley S. Kraus

Posted on 01. Sep, 2020 by .

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By now, many of us are growing tired of the burdens that COVID-19 has placed upon us.  From job losses to restrictions on travel and other leisure activities, the coronavirus continues to shape our lives.  Worse yet, it does not appear to be going anywhere soon. Many of our elected officials have suspended several tenant […]

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L.A. Becomes N.Y. A Sad Tale of Rent Control Consequences By- an AOA Member

Posted on 01. Sep, 2020 by .

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The circumstances with rent control and other regulations remind me of the 1960s in New York City.   My grandfather owned some rent-controlled apartment buildings in New York.   As time went on, the cost of maintenance and taxes exceeded the rental income.  This was accelerated because the tenants would destroy plumbing fixtures to be able to […]

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Can This Crisis Get Much Worse? By- Gary D. Halbert

Posted on 01. Sep, 2020 by .

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These are indeed troubling times in our country. It began with the late March economic lockdown. It worsened in June with nightly protests in some of our largest cities over the tragic killing of a black man by police in Minneapolis. Sadly, the nightly protests have morphed into widespread riots, violence and looting by criminals, […]

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Prop. 13 Is Working -Reject Prop. 15! By-Jon Coupal and Ernest J Dronenburg Jr.

Posted on 01. Sep, 2020 by .

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Come November, Proposition 13 faces its biggest political battle at the ballot box. It is instructive to ask whether that iconic tax affordability measure remains good tax policy for California. As the just-released property tax assessments rolls from several California counties reveal, Proposition 13 is working exceedingly well at keeping homeowners and small business owners […]

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New Estate Taxes Could Cost AOA Members Millions of Dollars By- Kenneth Ziskin

Posted on 01. Sep, 2020 by .

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Today, estate tax exemptions probably protect 99+% of American families from the risk of transfer taxes (death taxes, gift taxes and generation skipping taxes).   But, if there is a change of control after the 2020 election, or if control changes later, all of that will probably change dramatically for the worse for many thousands of […]

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Why You Should use a Ratio Utility Billing System By-Jerry Bake

Posted on 01. Sep, 2020 by .

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For entities who wish to bill for water, sewer, gas, or electricity, submetering may not be an option due to construction restrictions or, a limited budget. As such, owners, and operators are left searching for alternatives in the absence of submetering. The most equitable alternative is to deploy a Ratio Utility Billing System, commonly referred […]

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Legal Q & A By-Dennis Block

Posted on 01. Sep, 2020 by .

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Question One:  We have a tenant whose parking space is blocking the trash bin. Since the 80’s, there hasn’t been a problem with trash being picked up until now. He intentionally parks his car so that trash doesn’t get picked up, in hopes of getting a different space. There are no available spaces at this […]

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Be a Real Estate Investor without the Hassles! By-Dieter Thurow

Posted on 01. Sep, 2020 by .

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Are California landlords losing control over their properties, rental income, and possibly future appreciation? It sure seems that way with the passage of new laws like statewide rent control and expanded tenant rights (AB 1482), mandatory Section 8 housing (SB 329), etc. What may have taken a lifetime to accumulate could now be threatened by […]

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Letters to the Editor …

Posted on 01. Sep, 2020 by .

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Dear Dan:   Hello – so far, I have only had one out of three tenants have a problem paying rent.  She is on a partial pay reduction, but she was unable to pay half of her April rent.  I have a one and one half month security deposit.  She is cooperative and her place is […]

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Refusing to Pay Rent: A Cause or an Agenda? By-Zach Kosturos

Posted on 01. Sep, 2020 by .

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There is a difference between a leader who fights for a cause for the betterment of their community and one who games the system in a hypocritical pursuit of their own agenda. In critical times such as these, we need more of the former and as few as possible of the latter. On May 1, […]

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DID YOU KNOW By-Dennis Block

Posted on 01. Sep, 2020 by .

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Access to the Premises Although Civil Code 1954 allows a landlord to access a unit for specified reasons, that access can be properly denied by a tenant during this pandemic. While a landlord can always enter the unit during an emergency, this is not the case for other reasons. For example, the tenant would be […]

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Lease Options: Elements and Pitfalls By-Dale Alberstone

Posted on 01. Sep, 2020 by .

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Hello everybody.  Let’s start with a multiple choice pop quiz about options:  Assume that a landlord gives his tenant an option to extend the term of their lease by five years provided that the tenant exercises the option in writing on or before Sunday, July 4, 2021, i.e., Independence Day next year. If the tenant […]

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Landlords Are Frustrated! The below letter was sent to the Daily Journal By- Attorney Michael Millman

Posted on 01. Sep, 2020 by .

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Dear Friends: Thank you for your articles.  Let’s start at the beginning.   The overwhelming, vast majority of apartment owners are small family-owned groups.  Yes, the true “mom and pop” owners.  Elena Popp, who has run the Eviction Network Service for 20 years or longer, was attempting to defend tenants and losing in those jurisdictions wherein […]

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Multiply Your Chances of Apartment Investing Success By-Terry Moore

Posted on 01. Sep, 2020 by .

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A smart friend presented at the Urban Land Institute (ULI) national gathering in January. He noted that we never know in advance what causes the next recession. He mentioned that if the Chinese virus were especially contagious, it could reach the U.S. and cause recession.  Another friend called me in early February. He pondered the […]

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