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Legislation Section

Come back often to find out more about the Bills and Legislation being voted for on the floor that effects us all as landlords in the state of Massachusetts. Look for upcoming events on the calendar and be preparred to take action to make your voice known to the law makers that represent our communities.


EPA Renovation, Repair and Painting (RRP)
Information & Registration

(posted 2-16-2010)


At our February 2010 NWCLA Meeting, board members Jeff Landry and David Fleckner announced information about the upcoming legislation that affects any of us as landlords who do maintenance repairs on our buildings, and run that property as a business to make a profit.

The new laws require that all landlords that fit into this category must be trained and certified in basic lead remediation. Please find below web site links, PDF forms to download and register, as well as other helpful information to instruct and guide you through this hot topic. The law goes into effect in April 2010 so please use this information to educate your selves as well as your property managers as soon as possible.

Please see attached several documents, brochures and listed the websites with the best info.
Hint – on the EPA web site – the red tool box is very helpful!

http://www.epa.gov/lead/pubs/renovation.htm
http://www.epa.gov/lead/pubs/toolkits.htm
http://www.IEEtrains.com/

Please feel free to call Donna Kelleher at IEE Trains with any questions or to register for a class.

Donna Kelleher
Sales & Marketing
IEE – Institute for Environmental Education
Office (978) 658-5272 x248
Fax (978) 658-5435
DKelleher@ieetrains.com

(PB 365) New EPA RRP 8 hr Initial Class
$215 (7:30 AM – 4:00 PM) English
Feb 16, 17, 2010
Mar 1, 6, 12, 15, 2, 2010

In order to make registration easier for you, please send Donna an email with the following information for each person:

* Legal Name
* HOME address (EPA requires your Home address)
* HOME phone
* Last 4 digits of SSN (if you have it)
* Date of Birth (if you have it)
* Email address (optional)
* COMPANY Name & Address

Payment for the class is made the morning of the class

2010 Directions and Map to IEE Training (PDF)
CONTRACTORS Lead Safety During Renovation (PDF)
EPA’s Renovation, Repair, and Painting Final Rule 40 CFR 745: Deadline: 4-22-2010 (PDF)
RRP Application and Instructions for Firms (PDF)
Renovator Repair and Painting (RRP) Questions (PDF)
Small Entity Compliance Guide to Renovate Right (PDF)


Mandatory Rent Escrowing
Click here to download complete PDF from Mass Rental Housing Authority (PDF)
Status: this bill has been submitted to the State House. At this time, Thomas Stanley (Representative from Waltham and Vice Chair of the Housing Committee) and Pamela Richardson (Representative from Framingham) are sponsoring the bill, we’re working on getting additional sponsors for the bill.

Objective: With the current legislation, a tenant can withhold rent if a call is made to the board of health and problems are found in the apartment. Unfortunately, in some cases, the tenant does not have the rent money and even after the problems are resolved, the landlord cannot get the rent.

The proposed legislative changes would require that a tenant put the rent into an escrow account if the landlord serves the tenant a notice to vacate and the tenant then proceeds to call the Board of Health to report problems. This is called the “Free Rent Trick”. The money to be placed in escrow would be the current rent minus any repair costs the tenant incurs to resolve the problem. While many opponents to this change state that this is a burden on the tenant, there are multiple indications that this is not.

1. The tenant should have the money for rent. If this is a legitimate problem (i.e., furnace isn’t working etc), then the expenses incurred by the tenant in this situation can be deducted from the money put into escrow. The tenant should have receipts for these expenses.
2. In some eviction situations, the tenant calls the Board of Health because they do not have the money and are looking for a way to stall an eviction.
3. Some argue that a tenant should not have to escrow rent because he would lose his day in court (due process). However, there is currently precedent for a payment-first scenario in other areas of real estate.
  a. When a resident wishes to challenge the real estate tax imposed on his residence, he must first pay the tax and then challenge it. The law states that he must pay it before he can even challenge the assessment in court.
  b. Any condominium owner who wishes to challenge his condominium fee must first pay it before he can bring a court action.


Get The Lead Out Fund Eligibility
Click here to download Mass Housing (PDF)
Download this PDF bulletin from Mass Housing regarding the eligibility for the funds. Please share this important clarification with anyone you know who either works with - or may be in need of - a Get the Lead Out loan. I'm sure many of you have already received it, but I wanted to be sure to share it with everyone.

There seem to be remaining funds in the existing account that have not been applied for, perhaps partly due to various misunderstandings and miscommunications about eligibility guidelines. I hope this clarification will help us to promote the availability and facilitate distribution of existing funds in order to get assistance to those trying to bring properties into compliance with the Mass Lead Law and ensure healthier homes for families in our community.

We all hope that the GTLO fund can be fully renewed and that, in combination with other sources of renovation, rehabilitation funding eligibility guidelines can be even expanded to include more properties in need of lead abatement.

Phone Senators Today - HUD Lead Hazard Reduction Funding
As you know, President Obama and Congressional leaders are working on a recovery and reinvestment plan that attempts to address immediate economic needs, create jobs and invest in the infrastructure America needs for recovery. As you may know too, the House passed its version of the "stimulus" bill last week, and the Senate is expected to vote on its version this week.

Both House and Senate versions include an additional $100 million in funding for the Lead Hazard Reduction Program under the HUD Office of Healthy Homes and Lead Hazard Control. This additional funding could make a real difference in preventing childhood lead poisoning by creating more safe, affordable housing in communities around the country and across the Commonwealth, including our own.

However, it is not yet certain that this additional funding will appear in the final version of the stimulus. Please take a moment to call Senators Kerry and Kennedy today and tell them you support retaining this funding in the Senate version of the stimulus bill.
Kerry: (202) 224-2742
Kennedy: (202) 224-4543

IHere some helpful links for those who’d like to explore the proposed text in more depth:
http://readthestimulus.org/
House Version: http://readthestimulus.org/hr1_text.pdf (PDF page 229)
Senate Version: http://readthestimulus.org/s336_012709.pdf (PDF page 260)

Please call both of your Senators and say:

"Hello, my name is (your name here) and I am calling from the Northern Worcester Conty landlord Association. I am calling to ask the Senator to support retaining $100 million in additional funding for the "Lead Hazard Reduction" Program under the HUD Office of Healthy Homes and Lead Hazard Control as currently included in both the House and Senate versions of the stimulus bill."

[Explain in 1 or 2 sentences YOUR LOCAL issues with lead paint, organization's success in helping families, anything that makes it relevant for your legislator].

Thank the Senator for his support.

And thank you all again for your support.

National Association of REALTORS and Property Managers
Webinars of RRP rule

The National Association of Realtors is hosting additional free webinars on the RRP rule for REALTORs and property managers. The most recent session was for property managers on Wednesday, January 28 at 2:00 ET. The presentation has been changed from the previous December 18 session. NAR also hosted additional sessions for REALTORS and property managers on Thursday, February 4.

To review the webinars from December 18 go to:
REATLORS
https://realtors.webex.com/realtors/lsr.php?AT=pb&SP=EC&rID=29294197&rKey=D4AB3E204012AFF5

Property Managers
https://realtors.webex.com/realtors/lsr.php?AT=pb&SP=EC&rID=29303127&rKey=11EB44D3B47309F1

Thanks to the National Association of Realtors for offering these webinars.

Tom Neltner
National Center for Healthy Housing
443-539-4160 (o) or 317-442-3973 (c)
tneltner@nchh.org or tneltner@nchh.info

FANNIE MAE Increase Number of Loans to 10 for Investors
Click here to download the Guidelines for Multiple Mortgages (PDF)
Fannie Mae, the mortgage-finance company under US Government control, recently announced that it would increase the investor loan limit that a real estate investor can have in it’s system to 10. It had been reduced to 4 with everything that has gone on in the mortgage market the past year. The company will expand its limit for investor and second-home loans to as many as 10 properties per borrower, according to a February 6, 2009 notice to lenders on Fannie’s website. This new policy will become effective March 1, 2009.

Both Fannie Mae and Freddie Mac imposed a reduction in the amount of properties and their rationale was was their belief that investors who own higher numbers of rental condos and houses pose a greater risk of default, foreclosure and loss for the companies. In fact the restriction effectively shut out many small investors from Fannie's and Freddie's standard programs -- and pushed them into much higher-cost financing from so-called "hard money" lenders.

Highly qualified real estate investors play a big role in the economy of this country. The lending environment for investors is so hostile now, they are preventing good deals from responsible investors from happening. That is not helping the housing market.

Eligibility Qualifications
•   FICO Credit Score of 720+
•   High Reserve Requirements (vary per block of units owned)
•   75% LTV (Loan to Value Ratio) or 25% down
•   No history of bankruptcy or foreclosure within the last 7 years
•   If investor is already over the 4 properties, refi LTV is 70%
•   No delinquencies by the borrower on any loan within the past 12 months
•   Rental income from the currently owned properties must be supported by two years’ federal income tax returns.


Mass Rental Housing Association



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NWCLA MAR 11th MEETING NOTICE:

March’s meeting guest speaker will be Raymond Gonzales. Raymond is a local constable and is a skillful mediator between tenants and landlords. Ray will also be discussing the eviction move out do's and don'ts as well as what is required to keep landlords out of trouble when the have an execution order.


 

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