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Home My WebLink AboutRES NO 142-97RESOLUTION NO. ~. 4 2 - 9 ? A RESOLUTION AUTHORIZING THE ADOPTION OF A CRIME-FREE MULTI-HOUSING PROGRAM. WHEREAS, the City Council, in passing this resolution, takes legislative notice of the existence and content of multi-family crime prevention programs adopted and used in the cities of San Bernardino, Fresno and Riverside. The Council finds that these multi- family crime prevention programs are relevant to the problems addressed by the City in passing this resolution to address the adverse affects of crime arising from multi-family housing complexes; and WHEREAS, multi-family housing complexes have been found to be linked with increased crime rates in areas in which they are located in addition to surrounding areas; and WHEREAS, the above-mentioned programs provide substantial evidence that multi- family housing complexes tend to be difficult areas in which police can deter crime through traditional policing techniques and through traditional neighborhood watch programs; and WHEREAS, there is substantial evidence in the above-mentioned programs that serious crimes are increasing and tend to accompany multi-family housing complexes including, but not limited to, an increase in the crimes of narcotics distribution and use, prostitution, gang-related activity, and violence against persons and property; and WHEREAS, the increase of crime on multi-family housing complexes has a negative affect on nearby businesses and residential areas, causing, among other adverse affects, an increase in crime and decrease in property values; and WHEREAS, based on the foregoing, the City Council of the City of Bakersfield finds and determines that training and providing assistance to multi-family housing complex owners, managers, and residents is necessary to ensure that the adverse affects of crime will not contribute to an increase in crime rates or to further deterioration of the areas in which these multi-family housing complexes are located; and WHEREAS, crime-free multi-housing complex training programs in the above- mentioned cities have showed a reduction in police calls for service; and WHEREAS, the City Council of the City of Bakersfield determines that pursuing a multi-family housing training program relating to crime prevention is in the best interest of the citizens of the City of Bakersfield in promoting the general welfare, health and safety of the citizens of the City of Bakersfield. -- Page 1 of 2 Pages -- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield as follows: 1. The City staff is hereby directed to develop a crime-free multi-housing training program similar, but not limited to, the City of Riverside Crime-Free Multi-Housing Program and/or the City of San Bernardino Rental Housing Landlord Training Program attached hereto as Exhibits "A" and "B" and made a part hereof by this reference. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on SEP ! 0 1997 ., by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK AND EX OFFICIO of the Council of the City of Bakersfield APPROVED: SEP ! O 1997 VICE-MAYOR, CITY OF BAKERSFIELD APPROVED AS TO FORM: JUDY K. SKOUSEN CityAttorney CARL HERNANDEZ III Deputy City Attorney CH:cj S:~COUNCIL~RES~CRtMEFRE .RES --August 29, 1997 -- Page 2 of 2 Pages -- ORIGINAL FORWARD The CRIME FREE MULTI-HOUSING PROGRAM is successful because it approaches crime on many fronts. The police cannot solve cdme problems alone. Neither can the management or residents of rental properties. However, by working together, the end result has been the most successful approach to crimes in rental comn~unities. There are three (3) ways cdminal activity comes into a rental community: 1) The criminal lives there, 2) They visit friends there, 3) They come to the property to commit crimes. The CRIME FREE MULTI-HOUSING PROGRAM addresses all three of these possibilities. By not renting to people with criminal intent, they not only reduce the likelihood of crime in the community, they also reduce the number of visitors who come to the property with criminal intent (i.e., to purchase or sell drugs). For the opportunistic criminal, the use of C.P.T. ED. (Crime Prevention Through Environmental Design) has been used to combat crimes that might occur in the parking lots or common areas. This includes assaults, robberies, drive-by shootings, and auto thefts. If the police, property managers and residents will make a dedicated effort to crime prevention and the CRIME FREE MULTI-HOUSING PROGRAM, the outlook for success is extremely high. Good luck as you endeavor to make our community a safer place to live and enjoy for many years to come. Ken Fortier Chief of Police Riverside Police Department Rivcrskk: C~m~ Frcc Multi-Housing WORKBOOK THE LANDLORD TRAINING PROGRAM KEEPING ILLEGAL ACTIVITY OUT OF RENTAL PROPERTY A Practical Guide for Landlords and Property Managers A Problem Ofientexl Policing project, sponsored by the City of Riverside Ronald Loveridge, Mayor Council Member Chuck Beaty Council Member Alex Clifford Council Member Joy Defenbaugh Council Member Maureen Kane Council Member Ameal Moore Council Member Laura Pearson Council Member Terri Thompson John Holmes, City Manager Ken Fortier, Chief of Police Adapted for the City of Riverside, California, by Richard J. Stem, Assistant City Attorney Edited by Officer John Start, Riverside Police Department, Problem Oriented Policing Team Riverside Crime Free Multi-Housing Program WORKBO0~ OR~GIN^L able of Contents Overview .................................................................... v Summary ................................................................... vi PART ONE - Crime Prevention Does It Work? ............................................................. 2 Understanding Crime Prevention .............................................. 3 Risk (Loss) Management .................................................... 3 Set Rules ................................................................. 7 Target Hardening .......................................................... 8 PART TWO - What Is The CRIME FREE MULTI-HOUSING PROGRAM? Where It Began ........................................................... 13 How It Works ............................................................ 13 Who Should Attend ........................................................ 14 Phase One: Training ....................................................... 14 Phase Two: C.P.T.E.D. Inspection ............................................ 14 Phase Three: Safety Social .................................................. 15 Full Certification .......................................................... 15 Phone In Requests ......................................................... 16 Maintaining Crime Free Signs ............................................... 16 Certificates & Crime Free Sign ............................................... 17 PART THREE - Crime Prevention Through Environmental Design Safe By Design ........................................................... 19 Improve Surveillance ...................................................... 19 Improve Access Control .................................................... 21 Improve Territoriality ...................................................... 22 Improve Activity Support ................................................... 24 Troubleshooting .......................................................... 24 Solving Conflicts With C.P.T.E.D. Concepts .................................... 26 C.P.T.E.D. Lighting ................................... 27 Types of Outdoor Lighting .................................................. 29 Light and Lamp Comparison ................................................ 33 PART FOUR - The Application Process It's Worth The Effort ...................................................... 35 What are the Protected Classes? .............................................. 35 What about Non-Protected Classes? ........................................... 36 Riverside Cdme Free MultJ-Hous,ng Program ORIGINAL What about Criminal Behavior? .............................................. 36 Disclosure ............................................................... 37 Verify The Information Given ............................................... 41 Refusing An Application ................................................... 42 PART FIVE - Common Sense Self Defense Awareness Is The Key ..................................................... 43 Working After Dark ....................................................... 43 Employee Training Programs ................................................ 44 Stay In Touch ............................................................ 44 Armed Robbery Prevention ................................................. 44 PART SIX - Community Rules and Lease Agreements Use A Current Lease Agreement ............................................. 47 Use Of The Crime Free Lease Addendum ...................................... 48 Communication Is The Key ................................................. 51 No Business Clause ........................................................ 52 PART SEVEN - Building Apartment Communities Not A Complex ........................................................... 53 Not A Police Problem ...................................................... 53 Problem Solving .......................................................... 54 How To Begin ............................................................ 55 Form vs. Function ......................................................... 55 The Next Step ............................................................ 56 Closing The Deal ......................................................... 57 Keep It Going ............................................................ 57 PART EIGHT - Active Property Management Taking A Complaint ....................................................... 59 Routine Property Inspections ................................................ 59 Good Property Maintenance ................................................. 60 PART NINE - Combating Illegal Activity Who's Job Is It? .......................................................... 61 The Displacement Theory ................................................... 61 Civil Laws vs. Criminal Laws ............................................... 62 Taking Action ............................................................ 63 Possession of Firearms ..................................................... 64 Gang Membership ......................................................... 64 Drug Paraphernalia ....................... ' ................................. Riverside Crime Free Mult~HousJng Program ii WOI~;~OOK General Disturbances ...................................................... 65 Who Has The Power? ...................................................... 65 Trespassing .............................................................. 66 Attempted Murder ......................................................... 66 Management's Responsibility ................................................ 67 Resident's Responsibility ................................................... 68 Ten Step Process .......................................................... 69 PART TEN - Partnership With The Police The Police Won't Talk To Us ................................................ 71 Privacy Laws ............................................................. 72 How To Approach The Officer ............................................... 72 Establishing More ......................................................... 73 Requesting "Extra" Patrol ................................................... 73 Narcotics Surveillance ..................................................... 74 Managemem Surveillance ................................................... 74 But I'm Scared! ........................................................... 75 PART ELEVEN - Dealing With Non-Compliance First Things First .......................................................... 77 Do Your Homework ....................................................... 77 Set Your Policies .................... : ..................................... 78 Don't Be Complacent ...................................................... 78 Know Your Responsibilities ................................................. 79 Personal Service .......................................................... 79 Substituted Service ........................................................ 80 Post And Mail ............................................................ 80 Success Stories of the Crime Free Multi-Housing Program ......................... 81 A Summary Of The Notices ................................................. 81 The Unlawful Detention Procedure ........................................... 82 PART TWELVE - Parmership With The Fire Department Exiting Systems .......................................................... 84 Address ................................................................. 84 Fire Alarm Systems ........................................................ 85 Fire Sprinkler Systems ..................................................... 85 Fire Exn. ingulshers ......................................................... 86 Fire Lanes ............................................................... 86 Emergency Medical Services ................................................ 87 Pool Safety .............................................................. 87 Single Smoke Detectors .................................................... 88 Chemical Storage/Flammable and Combustible Liquids Storage .................... 89 Cooking Inside Clubhouses and Recreational Areas .............................. 89 Locks/Lock Boxes ........................................................ 8~r %,~:~e~ Rivemide Crime Free Multi-Housing Program iii WOR r-- OR~Gh',~AL Heating and Ventilation Units ............................................... 89 Laundry Rooms ........................................................... 90 Dumpsters ............................................................... 90 Electrical ................................................................ 90 Barbecue Grills ........................................................... 91 LPG/Natural Gas .......................................................... 91 Working with the Fire Depa,~u.ent ............................................ 92 Fire Emergency Guides ..................................................... 92 Community Safety Committee ............................................... 93 Community Newsletter ..................................................... 93 Conducting Property Inspections ............................................. 93 Apartment Checklist o Managers & Maintenance ................................. 94 City of Riverside SERVICE DIRECTORY ........................................ Riverside Crime Free Multi-Housing Program OR~GINA[ Overview [, )ental properties present a unique challenge for law enforcement. The typical Neighborhood Watch ~approach to residents in single family homes is not easily adapted to rental communities. In single family homes, owners generally have a large cash investment in the purchase of their home. This motivates owners to a greater concern about crime in their neighborhoods. With rising crime rotes come lower property values. An owner of a single family home might also be looking at a long term of residency. Typically, homeowners have a thirty-year mortgage for their property. Home is where they come each day and perhaps raise a family. There tends to be a lot of pride and ownership of their property. When crime problems begin to appear, owners are very likely to organize Neighborhood Watch activities to prote*t the long-term interes~ of their families. In rental properties, the communities tend to be much more transient. Most oRen, residents sign a six- month, nine-month, or a twelve-month lease for a rental property. In many cases, owners don't even require leases, and residency is based on a month-to-month agreement. This allows for an occupant to move very easily if they feel crime has reached a levee they will not tolerate. It is easier to move away from crime than to confront it. The police have historically fought a losing battle with Neighborhood Watch in multi-family rental properties. In 1995, the Riverside Police Department was faced with a difficult decision. To no longer offer Neighborhood Watch training in rental properties, or to develop a new concept for crime prevention in the rental communities. The result was the CRIME FREE MULTI-HOUSING PROGRAM implemented by Mesa, Arizona in July of 1992. This bold, new program had no precedent. The program's concept was to take a multi- faceted approach to crime prevention. A unique coalition of police, property managers and residents of rental properties, the prog/am was to be an on-going program with a three phase approach to address all of the opportunities of crime in rental property. The program was designed to include a certification process, never before offered by a police department. The incentives of police issued signs, certificates, and advertising privileges provided immediate interest in the program. The development of the Crime Free ~ Addendum proved to be the backbone of the CRIME FREE MULTI-HOUSING PROGRAM. This addendum to the lease agreement lists specific criminal acts that, if committed on the property, will result in the immediate termination of the resident's lease. The CRIIVlE FREE MULTI-HOUSING PROGRAM achieved almost instant success. In rental properties with the highest crime rates, the immediate results showed up to a 90% reduction in police calls for service. Even in the best properties reductions of 15% to 20% were not uncommon. The CRIME FREE MULTI-HOUSING PROGRAM began to spread nationally after the first year, and internationally after the second year. The CRIME FREE MULTI-HOUSING PROGRAM has been a success all across the United States and Canada. Riverside Crime Free Multi-Housing Program ORIG~NAL Riverside Crime Free Multi-Housing Program SUSPICION AND FEAR WORI~OOK ORiGiNAL CRIMlg PRIiV~EaNIION DOES IT WORK? Maoo~? people feel helpless a~innt crime, because too often crime is seen as an inevitable part our society. It has been said, "Ifa criminal WA.IN-TS to get you, he'll get you." This belief leads to helplessness, fear and apathy. Apathy is one of the most dangerous elements in society today. When law abiding citizens refuse to go outside after dark, they have voluntarily turned over their neighborhoods to the ones who commit the crimes. Criminals Are Like Weeds Many times a community will no! fight crime because ~ey feel they can't be successful. Often, people view clangerous Crlmlnal~ like a large rock that can't be moved, or even be budged. Dangerous criminals are NOT like rocks; they are more like weeds. Unlike an inanimate rock, a ~ w~l will grow. As a weed grows, it roots, it ii 1 i _, /g/, - i l, qdcUy or--es an When ~~~~~[ thc same. The typical police ap¥~oach to crime is REACTIVE. Once a crime has been committed, the police officer re~ond$, write~ a police report aald be~'n~ the preliminary investigation. It is certainly more humane and cost effective to prevent a crime from even occurring. Crime Prevention is the PROACTIVE side of law enforcement. Crime Prevention is more desirable because it ad~ the potential for crime before it bo:omes a serious problem. Unforumately, many people don't address crime situations until it is too late. A good example is the xdctim of a burglary that suddenly becomes interested in home security Once a crime problem has gotten too large, it is often easier to mn away from it than face it. Equate a crime problem to killing a dinosaur. The easiest way to kill a dinosaur is while it's still in the egg. Once the dinosaur has been given the opportunity to grow, it becomes pwgressively harder to defeat. The same is true regarding criminal activity. RNerside Cr~e Fr8~ Mult~Housing Program 2 ORIGINAL UNDERSTANDING CRIME PREVENTION In order to prevent crime, you neexi to understand crime, ,~ plus, you need to understand the criminal mind. When / ...... 3% - 5~ ~/0/fi' yOU th~nk Of Cr~mmaln, think of predators. Most criminals m~mu, are like predators, looking for the easy vic6m When you thlnlt Of predators you might thlnk of the lion. C, ,,T,~,~. J When the lioness is hungry, she will go out to ~!~ her ,.~ .,r'-'.~ prey. The lioness knows the w~xeriag /'Ik~.,3 ,_ hole is a good place to fir~d food, as this is where all ,/i ~ ~,~-¢-' the animals come to get water. The lioness is a skilled · =,eh the h a, hut they 'ri. her. The lioness is also careful to approach slowly, ~ ~ staying low in the tall grass to avoid detection. At just the right moment, the lioness potages into the herd. The lioness does not run past the injured, the diseased or slowest ones ia favor oft~e strongest one at the lead of the pack. In fact, it usually is the one that is injured, sick or ~imply NOT PAYENG ATYENTION thai gets attacked. This is called survival of the fittest or thinning the herd. The two-legged urban breed ofpref~tnr, the criminal, works the same way. They stalk their victims, looking for the easy prey. To be successful against an attack, you don't necessarily have to be the strongest one, but you don't want to be the weake~ Lions only hunt when hungrT; but criminals are always a danger. This is why crime taevention is so important. Crime prevention is a shared respona'bility. It cannot be i .reposed solely on the Police Department Crime is a commilllity problem - crime prevention must be a comml3llity effort. RISK (LOSS) MANAGEMENT When assessing the potential for crime, it is important to decide whether to acc~t tbe risk (risk acceptance), without inv~ng in counter measures, or to take sometimes costly steps to reduce the risk (risk transference). Transferring the risk may involve spendln~ a little money now to save much more later on. There are other less expensive ways to prevent crime. This includes the removal of the elements necessary for a crime to occur (risk avoidance). There are also ways to reduce the risk, or spread the risk to reduce losses. The following page demonswates the types of risk management. Rive~si~e Cdm~ Free Multi-Housing Pro,ram MANAGING YOUR RISKS Riverside Crime Free Mutt~Hous~g Pn:x:jram OR~GINAL ~F~R OF CRIME I$ NOT ALWAY~ BASED ON ACTUAL CRIMES, BUT RATHER PERCEIVED CRIMES. WHILE ADOLESCENTS ARE MOS7' LILLY TO BE VICTIMX OF ARE LEAS?' LI~LY, IT IX THE ELDERLY TI~AT GENERALLY HOLD PJvemide Cdme Fr~e Multi-Housing Program ORiGt~^L I i L L I' £NT$ TO ANY DESIRE SCENARIO ONE (Eliminate TARGET) D~II~ OPPOi~11NITY If a ear thief comes to an ap~uiruea~t comrmll:fity to steal a Corvette, the DESll~E is there. If all of thc residen~ are inside theh' rental uni~, now the OPPORTU~TI~ is there. But if there isn't a CorveWe on the property., you will not have a crime because there is no TARGET. Riverside Crime Free Mu~-Housk~g Program SCENARIO TWO O~limi,,~te T~ If a person sees a Corvette, the TARGET, and all of the re~idems are in theh' apartment, alloy, ring the OPPORTUNITY for crime, bm the person who sees the Corvette has no DESIRE to steal the czx, again, you will have no crime. SCENARIO Tiq'REE (Eliminate OPPORTUN IT1C) T~ If a l~on come~ to the propc~y with the DESIRE to steal the Corvette, and sees the perfect TARGET, but the residents of the out ia the recreation and common area~ 'l~s ~ red~w.~ or eliminate the OPPORTUNITY. ORIGIrqAL The CRIME FREE MULTI-HOUSING PROGRAM is effective becam~ it _addresses all thr~ O) elements: TARGET, DF_,SIRE AND OPPORTUNITY. To elimlnate the TARGET, we teach how to 'target harden'. To elimlna*~. OPPORTUNITY, we wain residents to be the 'eyes and earn' of the commllllity, and to eliminate the DF. SIRE, a concerted effort is made to keep those with criminal intent from txespassing, visiting or living at the property. SET RULES If a person knows that niles are clearly ~t_,xl and enfomed, they. are less likely to move into a community to commit c~ainal activity. Have a back-up plan to discourage the more determined individ,al$ By careful screening and active management principles addressed in the CRIME FREE MULTI- HOUSING PROGRAM, the criminal activity among residents and visitors can be virtually eliminated. Safety Socials, which incorporate the principles of Neighborhood Watch, will encourage residents to become an organized group of' eyes and ears' for the property. It is not uncommon to see once distressed properties show a 70% - 90% decrease in police calls for service, as a result of the CRIME FREE MULTI-HOUSING PROGRAM. In the City. of Riverside there are nearly 1,100 rental properties. Nearly one-third of all Riverside residents live in rental property. The managers of these rental properties all have one thing ill commom..they all want more police patrol. Even if Riverside Police officers turned off their police radios and never answered a single 911 call for help, we would not have enough patrol cars to provide adequate security patrols for every rental propeay. Now consider twice that many, two-thirds of Riverside residents live in single family homes. They also warn more police patrols up and down their streets and alleyways. Then there axe the grocery, store managers that wallt more police patrol because a customer got a purse stolen, or an automobile in the parking lot was stolen. Consider all the mlni-mall~ flower .shops, and movie theaters. Everybody wantq more police patrol, but their just isn't enough Managers must take their own precautions. Residents of rental properties must also be aware of their role in Crime Prevention. r Riverside Crime Free Multi-Housing Program 7 ORIGIN~L L TARGET HARDENING Sometimes you e~nnot remove a target However, you can harden the target Target hardening involves the use of locks, electronic devices, or other hardware that will DETECT, DENY, DELAY or DETER the criminal (a~ay fxom the intended target). Taxget hardening is directed to all structures, vehicles and personal propen'y within the rental community. DETECT: By v611v~ng good security techniques, you can cause the person to make more noise, which will increase the risk of detection. This may also persuade the person not to commit the crime. DENY: By engraving valuables, using security electronic equipment, or by moving other valuables out of view, you can remove the rewards received from a crime opportunity. If the rewards are not there, thin may persuade the p~rson not to commit the crime. DELAY: Many times crimes are committed because of an easy, oppotl'un/ty. By using good crime prevention techniques you can increase the time and effort needed to commit the crime. This may persuade the person not to commit the crime. DETER: By utilifin£ the previous three teclmlques, you may prevent a c~ne from happening by deterring the criminal from the property to an e~er target elsewhere. HOW THE 4 "D's' WORK Riverside Cr'~'~e gl~ MultM-Ious~ng Program ORtGiMAL Riverside Crime Free Multi-Housing ORIGINAL MAKING HOUSING CRIME-FREE AT PARK PLACE APARTMENTS Editor*s Note: Lath mo~th Apa~-mcnl Ho~g Pr~ ~0 mon~ ~ fea~ ~ C~ mmmuniw ov~-wMl~ ~ y~ of pmbl~ of day for mm~ing wc ~n~ Sudd~y. wc fomd ~ep~m-nent pnxluc=d ~h¢ -L~n&o~d Training Manual' and Glen-dalc's Crim¢ Fr~ Mulfi-Ho~in$ Pro.am was Ix~t! In o~ day's time..,.an~c:,s now cocgd hav~ linc Walnin8 it took .v~ats ~o Set! prcvcmlon work'? YOU Using ~ C~ F~ MMfi-~M~ v~ by ffi ~ a y~ of ov~ P~ ~. Wc ~i~' ~ ~i~. ~ ~ ~ling ~ ~ ~ It ~ if>-~ ~lp ~ un~ ~i~. Wc ~ ~d · ~mfi~ for Riverside Cr~ne Free Multi-Housir~l Program 10 (Rgprintexl with permission from Arizona Mult~$ing A~so~iafion OR~'GI~,~AL A SUCCESS STORY AT ' STANFORD COURT APARTMENTS IN PHOENIX: INVOLVEMENT EQUALS RESULTS r Apartment News will slx~light an AMA. member commu~ ~het has Stanford Court. a 43~-un~t apartment community, wes barfer known as 'HELL TERRACE' before it was purchased by Stanford Court Limited Partnership in 1991. Its occupancy rate was 56 percent. The neighbod~3od disliked many of the residents, as did the police depa~nant. Officers were ~Jled almoat daily for domestic violence, drugs, gun shots and other c~ninal actJvitJee. Maintenance workers would make gra~tJ dean-up a daily mutina. The law-abiding residents and staff feared for their personal safety. Today, Stanford Court is a different community. C~me activity is Occupancy is 100 percent with a waiting list. The Cnme Free Multi-Housing program made the dit~renca. The residents and staff at Stanford Court are very fortunate to reside and work where Stanford Co~t Limited Pa,ffJ3emh~p's phi~hy is to provide a c~-nmun~y with a safe, heme4~e atmosphere. The owner's plan is to do this through customer service and caring c~ne-f~hting programs aveitab~ today. We began with petter tenant screening. to no~ only ts~ with resident, but [~ten to the problems they were having with their neighbors. Our team also Iod~d for ways to so~ve problems and find evidence to use in evict, ions. From this program evolved our resident Neighbod~0od Watch Program. One captain and at least one assistant were assigned to each building. This new volunteers who have limA'ed t~rne to partic~ato in Neighborhood Watch activities. It has ~ through this new ne~lhbors into their community. Our outreach efforts forster a friendly. Riverside Crime Free Mul~-Housing Program Stanford Co.rt. By early 1994. we began to see more 'good' tenants move in as we expanded the Io~ Watch efforts. th A,odi of lear year. we learned of the Crime Free Multi-Housing Program. and the staff and o~ners of Stanfoa:l C<~'t completed the tmin~g taught by Phoenb( Polica Officer Commie Stiee. A~ a ;esult of the Crime Free program. Stanfon:l Court changed all the doorplate screws to t~e requited 3-inch size; removed several tree~ and size and displayed next to the leasing table ~W~ere prospective tenants could Stanford Court partiC~patos in Crime Free spo~oring and planning a pancake They ~ to top last years attendance of Because of our Neighbo~3¢l Watch efforts, wa helped gelice find a juveniie va'~o was shooting an air gun in ~ neighbor-hood. One of the shootings Ne~ht~tt~=¢l Watchers (;;-;, ~,.~ted a flier to all residents and a few Neighborhood VVatoh groups. WitJlin a couple of days a s,Jspect was apprehended by garde from infom,,ation received fr~ Stanfon:l Co~t'$ Neighbo~ood Waterers. The Crime Free Lease Addendum was used to evict the fatuity f~m the community. Stanford Court ~ over 394 children. We provide them the Neighborhood Watch training and of this. there is a drastic drop in graffiti and vandalism in our community. Making an apartment community a everyone - ow'hers, management We c~mstandy remind oursel~s and others that Neighborhood Watch is a secas,s~'y in today's society. It's a tminir, g you will use the rest of your life. You become alert and aware of your suarrounding$, which oould save a life or By C-o~e Vviison. Manager Stanford Court Apartments (Reprinted with permission from the A$izona Multi housing A.~sec~ation ADamnent News. VoL 32 NO. 6, June 19953 W3RKSOOK RIVERSIDE CRIME FREE MULTI-HOUSING PROGRAM KEEPING ILLEGAL ACTIVITY OUT OF RENTAL PROPERTY KEN FORTIER Chief of Police Riverside Police Department A PRACTICAL GUIDE FOR LANDLORDS, TENANTS AND PROPERTY MANAGERS Copyright ~ 1995, 1997, by the City of Riverside First printing, August 1995 Second Printing, May 1997 Portions of this book have been reprinted and adapted with permission from The Landlord Training Program, 5th Edition, © 1994, City of Portland, Oregon and Campbell De Long Resources, Inc.. Selection of reprinted materials, editorial decisions and added text have been made by the City of Riverside. These materials are copyrighted. All rights reserved. No ~ of this booklet may be reproduced by any mechanical, photographic or electronic process, or in the form of a phonographic recording, nor may it be stored in a retrieval system, transmitted, or otherwise be copied for public or private use - other than for "fair use" as brief quotations embodied in articles and reviews without prior written permission of the City of Riverside. Various parts of this document provide descriptions of legal process. Those descriptions are intended only as general summaries to foster understanding. No part of this manual should be regarded as legal advice or considered a replacement for the landlord's responsibility to be f~mHiar with the law. This manual is distributed with the express understanding that neither the publisher nor the author is engaged in rendering legal advice. If legal assistance is required, the services of a competent attorney should be sought. We particularly urge that an experienced attorney bo brought into the process in any situation that has the potential to become adversarial. This manual is intended to address aspects of property management that may be important to the control and prevention of illegal activity on rental property. In the event information is used from this book, the City of Riverside assumes no responsibility for any claim or lawsuit which is initiated or pursued. ACKNOWLEDGMENTS The Landlord Training Program was originally developed by Campbell Resources, Inc. (319 SW Washington, Suite 802, Portland, OR 97204; 503-221-2005) in a joint effort with the Portland Police Bureau, the Portland Fire Bureau, and the Neighborhood Crime Prevention Program, Office of Neighborhood Associations. Development of the program was funded through the Bureau of Justice Assistance and was made with the assistance of Timothy Zehring, Crime Specialist for the City of Mesa Police Department, Mesa Arizona. We gratefully acknowledge the contributions of the landlords, property managers, law enforcement officers, attorneys, and administmturs, who helped us adapt the program to the Riverside community. We especially thank John Campbell who, through tireless and selfless effort, created and nurtured the Landlord Training Program, to the great benefit of Riverside. Graphics are courtesy of The Mesa Arizona Crime Free Multi-Housing Program, WordPerfect, Microsoft Word, and several graphic artists on the Interact. Riverside Crime Freg Multi-Homing Program WORKBOOK PART TWO WHAT IS THE CRIME FP E MULTI-HOUSING PROGRAM? WHERE IT BEGAN TI~reodCRIME FREE MULTI-HOUSING PROGRAM began in Mesa, Arizona in July 1992. It hz~ across the United States and to Can~cl~ in a very. short time. It was designed to be law enforcement driven. HOW IT WORKS The CRIME FREE MULTI-HOUSING PROGRAM is a unique, three-phase certification program for rental properties of all sizes, including single family rental homes. The first phase is the completion of au eight (8) hour pro. am taught by attorneys, police and fire personnel. Frequently, guest speakers will also attend to address specific topics relating to rental properties. This police- sponsored program is designed to be very easy, yet extremely effecfive~ at reducing criminal activity The CRIME FREE MULTI-HOUSING PROGRAM addresses these tapics: Understanding Crime Pr~vcmtion C.P.T.E.D. (Safe By Design) Resident Selection Common Sense SeffDefcnse Commll~ Rules?Policie~ Building Apaxtment Commul~itig$ Good Property Management Combatln~ Illegal Activity Parmership v~th the Police Depastment Partnership with the Fire Department Dealing with Non-Compliance The Federal Faix Housing Laws The CRIME FREE ML~TI-HOUSING PROGRAM is taught during two four-hour, or one eight hour, training session(s). The program is designed to be flexible, as many communities have differing needs. Riverside Crime Free Mul~-Housing program 13 WHO SHOULD AT'FEND Prope~ owners, managers, leasing staff, mainte~al~ce personnel and others in the management ~e'~ should attend the entire g-hour ll'aining program. It is also recommended that police officers aRend the training to understand the civil nature of rental communities, and to establish a rapport with managers of rental properties. PHASE ONE: TRAINING After completion of the fight-hour training program, each participant will receive a certificate which has been signed by the Chief of Police. Th~ certificate is also signed by the program coordinator of the CRIME FREE MULTI-HOUSING PROGRAM, who sponsors the training. This green certificate is to be immediately framed and displayed in the leasing office, or in a prominent place where applicants are sure to see it. Prospect~'e residents should be told as soon as possible that the property management is working ~Sth the police to keep the community healthy. If there is no leasing office, a certificate can be displayed in a 3-ring notebook with other matefiakq used in the CRIME FREE MULTI-HOUSING PROGRAM. The manager or owner should show the notebook to prospective resident& Participating managers should also begin immediate implementation of the Crime Free Lease Addendum, which i~ the backbone of the CRIME FREE MULTI-HOUSING PROGRAM. This addendum to the lease cites specific actions ~hat will be taken by management if a resident, or somebody under the resident's control, is involved in illegal or dangerous activity on or neaz the ren~ property. If the management is conducting a background check that includes credit and criminal information, the applicant should be infomed before they turn in the application or pay any fees or deposits. Every prospective resident must be ~xeated exactly the same as the others. It is important to develop office policies to ensue this. PHASE TWO: C.P.T.E.D. INSPECTION In the second phase of the program the Riverside Police DepmLment, a Problem Oriented Police Officer, will inspect the rental property to assess physical security and general appearance of the property. If the property meets the department's requirements, a second certificate signed by the Chief of Police will be issued in the name the apartment complex. This red certificate will certify the property has met the minimum security requirements of the CRIME FREE MULTI-HOUSING PROGRAM. The minimum security requirements axe: PJve~ide Cnme Free MuRi-Housin~ Program OR)GtkAL I L ~1 some ~ C3.~:S, one OF I~O~ of these ~and~-c~ may not ~ply to your property. In thee ca~es some exceptions can be made depending on the overall security of the complex. PHASE Ti:tREE: SAFETY SOCIAL In the thkd and final phase of the program the Riverside Police Department, a Problem Oriented Police Officer, will conduct a "Safety Social" for residents at the rental property. This will include information about general safety principles and crime prevention, including Neighborhood Watoh informatio~z This will also give the officer the opportunRy to explain the CRIME FREE MULTI- HOUSING PROGRAM to the residents of the rental cx)mmm~ty. Management is responsible for providing food, non-alcoholic drinl~ and entertainment for thig event. It is also recommended that property, managers raffle door prizes as an added hacentive to draw residents to the meeting. It is necessary to conduct at least one (1) meeting per year to mMntain membership in the CRIME FREE MULTI-HOUSING PROGRAM. A blue certificate will be issued at the Safety Social to demon~U~e to the residents that management is committed, and has completed all three (3) phases of the program. FULL CERTIFICATION Once fully certified, the property manager will receive a gold certificale. (Tlxis certificate is the only certificate that has an expiration date. It is renewed each yeax after the subsequent Safety Social has been conducted.) After completion of the fu~t safety social, the management can post the CRIME FREE MULTI-HOUSING PROGRAM signs on the property. It is recommended that one sign be posted at each entrance to the property where prospective residents will see them. The sign is the property of the Riverside Police Department, and permission to display the sign can be revoked if the property is sold, the management no longer wishes to participate in the CRIME FREE MULTI-HOUSING PROGRAM, a new manager takes over and refuses to be trained, or the complex no longer meets the C.P.T.E.D. requirements of the program. Rwer~de Crime Free Mufti-Housing Program 15 ORK~INAL An added incentive to reach full certification is the use of the CRIME FREE MULTI-HOUSENG PROGRAM logo in all appropriate advertisements, as well as on company leuerheads~ business cards and associated paperwork. This logo has achieved a very high level of recognition in the United States and Canada. It has proven very effective in attracting honest residents looking for safe housing. It has worked eq~rally well to discourage those looking for an apartment unit for conducting criminal activities. PHONE-IN REQUESTS An additional advantage to being fully certified is that people can call the police department for a list of fully certified properties. MAINTAINING CRI1VIE FREE SIGNS It is the responsibility of the management to maintain and replace all lost or damaged signs. Contact the Crime Free Program CoorclLnmar if this occurs. Fow. mately, only one sign has been stolen from Riverside properties in nearly three years. No signs have been painted with graflifi. No fading has shown on the brightly colored signs. It is a good idea to use a car wax on signs to prevent them from fading or cracking in the hot Riverside sum Carefully consider how each sign is installed to prevent easy removal. Through bolts can be bent or stripped to prevent removal. Signs can be attached with liquid nails and/or bolted to a building at a height that cannot be reached. Free Muff, J-Housirt~ Program 16 ORIGINAL CERTIFICATES and CRIME FREE SIGN Page left blank for graphic being added later Riverside Crime Free Multi-Housing Program 17 SPITE OF LAWS AND THE ~ RlSt( OF APPREttENSlON, P£OPLE ARE STILL CRIMINALLY MOTIVATED. ¢.P..T.E.D. PRINCIPLES CAN BE /~ AND DETER CRIME BY USING ~iW(.~iW(.~iw~~Pt-lYSlCAL S£CURITY DEVICES Pg/CNOLOG/CAL S/GNAI.~ TO MA~ AN AREA LESS VULNERABLE TO Riverside Chine Free Multi-Housing Program 18 IDRIQIN^L PART THREE CRIME PI V ITION THROUGH ENVIRONM rrAL DF IGN SAFE BY DESIGN Ceeme Prevention Through Environmental Design (C.P.T.E.D.) is comprised of four (4) key ents: Surveillance, Ace.s Control, Territoriality, and Activity Support. C.P.T.E.D. is used to develop safety into design. Virtually any property crime can be eliminated by using C.P.T.E.D. IMPROVE SURVEILLANCE SURVEILLANCE is the f~t element of C.P.T.E.D. Surveillance is the ability to look into an area, and the ability to look back out. It can be formal or in.for'hal Formal surveillance is generally organi?ed, while informal surveillance is naturally occurring. Things that inhibit surveillance are overgrown trees and ~, fencez and poor lighting. Surveillance ~isazegies are aimed primarily at keeping intruders under observation and undesirable behavior under control. To improve surveillance, Irim trees and shrubs, use fencing appropriately and utilize proper lighting techniques. There are three types of surveillance to con~dder. Natura~ Mechat, icn! and Organized. The best plan wSll involve some combination of all three typ~ of surveillance. Natura/S~ is naturally occunSng. As people are moving aro~md an area, they will be able to observe what is going on around them, provided the area is open and well-lighted. Natural Surveillance is typically free of cost, but observers may choose not to get involved in any situation that may pose a potential threat to themselves or others. When considering surveillance of your propen'y, remember that casual observers fi.om nei~bofing properties might be willing to report suspicious activity. All you need to do is ask! It is a greaI idea to ask them to join with your Neighborhood Watch meeting and safety socials. Mechanical Surveillance employs the use of cameras, mirrors and other equipment that allows an individual to monitor a remote area_ Riverside Cdme Free Multi. Housing Program 19 ORtGII~AL /x~I'~IBILITY OF RESIDENTS ~ RESIDENTS' ACTIVITIES ARE TIlE P, REA TEET DETERRANT TO BY PUTTING COMMON AREAS /~' AND OTttER ACTIVITIEE CLOEER TO UNSAFE AREAS, THE l£~ LIKELY YOU ARE-TO t-lAVE A Riverside Crime Free Multi-Housing Program Mechanical Surveillance usually involves the purcha~ of moderately inex~nsive mirrors to the more expensive electronic devices, such as closed circuit television (CCTV). NOTE: Once the equipmeat is purchased, maintenance of the devices must be considered. Organized Surveitlance includes security patrols and other people who are organ;?ed to watch a targeted are~ While this is the most effective deterrent to crime, it is also the least cost effective. While it may be necessary to employ security patrols once the patrols are discontinued there is generally nothing left to show for your inv~tment. IMPROVE ACCESS CONTROL ACCESS CONTROL is the second element in C.P.T~E.D. Because many Crlmin~In look for aa easy escape, limiting access into an area and back out again is a great way to deter criminal activin'. Access Control can be demonstrated by havlnE one way into and out ora location, such as a security post or the use of mechanical gates. Others who use "alternative' methods to enter an area look suspicious, risk detection and sense an increased risk of apprehension~ It is important to asses how the intended use~ are entering the property. It is equally important to asse~ how the non-intended users are entering the property a~ well. Look at perimeter fencing for damage. Look for footprinB in the dirt and gravel. Check for wear patterns in gra~ areas. Determining the weak points will be the first ~-p Io correcting the problem. There are three (3) types of Access Controls to considers: Natura/(or Environment,,O, Mechanical and Organized. Natural/Environmental Access Control involves the use of the environment. To keep trespassers fi-om climbing over walln for inslanc~, you could plant a he~uty cactus in the area where it will be hio~ly vis/ble. The use of dirt berms or large rocks can also keep unwanted visitors from entering onto private property and vacant lots. record license plates and get better suspect information. Riverside C~e Fre~ Mur&Housing Program 21 Mechanical Access Control includes the use of security gates, which have provea very effective at reducing auto thefts, burglaries and drive-by shootings. Most perpetrators of these crimes do not want to exit the way they entered as it gives wimesses the opportunity, to WORI'I~3OK ORIGINAL Organized Access Control entails the use of security or courtesy patrol to control who enters the property. Distribution ofpar~n~ permits affixed to e~is~ered vehicles, will identify which vehicles belong to the residents. Vehicles should not be allowed to back into parking spaces, so that parking permits will be visible at all times. IMPROVE TERRITORIALITY TERR1TORLS! JTY is the tffird element in C2.T.E.D. Territorialit7 is a psychological ;,,,p, ession that people get when they look at the property. If management displays good territoriality, it will influence the community tO respect the property as well. Good territoriality demonstrates a sense of "ownership", alerting potential offenders that they don't belong there and they will be seen and reported, be~_ -~e undesirable behavior will not be tolerated. It has ~wo (2) pr/nciple components: Defensible Space and Malntenanee_ Defensible Space is divided into four (4) categories: Public, Semi-public, Semi-private, and Private. 1. Pub//c areas are typically the least defensible. A car driving on a public street would not automatically arouse suspicion. 2. Sem/-pub//c areas might include a cul-de-sac. If there are only five homes in the circle, a driver would be expected to stop at one of the five homes or leave the area. 3. Semi-private areas might include sidewalks or common areas around residential arms. While most people may not confront a stranger in a common area, they are likely to call the police if the person does not appear to belong there. Pr/rate areas are different in rental communities than in single-family home neighborhoods. In a typical apastment the private area may not begin until you actually enter into the unit This is especially tree if sevexal units qhare a common balcony or stai~'ays. In a single-family home neighborhood, many owners consider their front yard to be private, or defensible space. There are many ways to establish defensible space. By planting low gro~Sng hedges or bushes, you will show a defined property line. By posting signs such as '"No Trespassing" or "No Soliciting," you have established the area as defensible space. Riverside Crime Free Mul'&Housing Program OWNERSHIP ~ CONTROL OF AN AREA WILL ENSURE A HIGHER Llt~LlttOOD OF SUCCESS WITH CRIME PREVENTION PROGRAMS. INCREASE DEFENSIBLE SPACES TO DECREASE CRIMINAL R~erside Cr~me Free Mult~Housing P~ogram OR{GI,~-~AL Maintenance is another key issue for Tvrritoriality. If a rental property is well maintained, it shows that management cares for and will defend the property against crime. A property that is not well rnalr~tained may indicate that management is not concerned about the property, and might overlook or ignore criminal activity. A property that is clean and well malnlained is more likely to atlract legitimate users. A property that is not well maintained is more likely to attract deviant users. Ifa property has several city code or fire code infractions, a property manager may lose the ability to deal effectively with criminal activity. A person facing eviction may threaten to report the infractions to the city if the manager proceeds with the evic~don proce~. IMPROVE ACTIVITY SUPPORT ACI'Fv]TY SUPPORT is the fourth element in C.P.T.E.D. This involves the appropriate use of recreational facilities anti common areas. The objective is to fill the area with legitimate users so the abusers ~11 leave. It may be difficult to I:~lieve that filling an area with legitimate users will cause the deviant users, or abusers, to leave. But the opposi~ is also true. If you fill an area with deviant users, the legitimate To promote Activity Support, utilize common areas effectively. By incorporating ramadas, picnic areas and other amenities into open areas, the legitimate users will maintain ownership of the propexty. In recreational areas, utilize proper lighting techniques and e~abli~h corem,miry rules to encourage the proper and safe use of the facilities. For la~mdry facilities, exercise and for the intended users. TROUBLESHOOTING When you consider an area, ask yourself: ~ "'¢fho are the intended users.'?" · ',, "Why are they not using the are~?' ~ "What will promote the use of the m~ea.9'' "Why is it inviting?". "What will discourage them?" r Also ask: ~. "Why are deviant users frequenting the area?" Rnm~e C~me Free MoP. dousing Program 24 ORIGINAL THE 3 "D' CONCEPT OF C.P.T.E.D. ~IN~D BORDERS THE 3 CONCEPT DESIGNED PROPERLY DESIGNATED PURPOSES g IS TERRITORY WELL DEFINED? g IS THE DESIGN GOOD FOR INTENDED PURPOSES? g IS THE AREA USED FOR DESIGNATED REASONS? Riverside Crime Free Mult~Housing program 2~ ORIGI~qAL SOLVING CONFLICTS WlTfl C.P.T.E.D. CONCEPTS SURVEILLANCE Concept: / Good lighting and good landscape maintenance. Conflict: / No formal or informal surveillance by residents who stay indoors. Solutions: ,/ Organize Neighborhood Watch ,/ Organi?e activities ,/ Organi?e training Organi?e alternative suggest/om TERRITORIALITY Concept2 Buildings well painted and addresses clearly marked. Rules posted appropriately. Conflict: / Residents only have ovmership or concern for dwelling unit. / Lack ofprivatedsemi-private space. Encourage gardening Encourage play areas Encourage ownc'rship of areas Encourage litter patrols ACCESS CONTROL Concept: · / Good security fencing and gates. Conflict: / Gates are propped open, locks damaged and fences damaged. Educate residents Repair/maintain gates Repair/maintain fences Send notice to residents Evict problem residents ACTIVITY SLrpPORT Concept.. / BBQ grills and tables in common areas. / Sports and recreational facilities well Confti~: Little to no use of facilities by residents. Area becomes a site for dangerous activities and non-intended users! Solutions: ./ "Market" amenities. / Organize events/contests / Prizes/plaques / Improve lighting R~ve~i~e C~ne Frae Multi-Housing Program C. P.T. .D. LIGHTING Lighting by itself does not prevent crime. Lighting provides the opportunity for "choice"; the choice to walk forward because you can see clearly that the path is clear AND free of danger. IF the user can see a potential danger (person hiding, a gang of kids at the comer), they may choose to walk a different way. Lighting can illuminate a target as easily as it provides a legitimate user to see a po~ntial threat or criminal. Lighting is a powerful tool the management and residents can use to control and reduce the "fear" and opportunity of crime. Unless you have formal or informal surveillance of an area, fighting may not always prevent crime. In fact, good lighting without surveillance may actually encourage criminal activity in some cases. R~vemide Crime Fm~ Mulfi4-1ou~3g Program 27 GOALS OF LIGHTING Energy efficient (used consistently) Non-tamper able (use special screws) Break Resislant Lens (Polycarbonate-Lexan) lllnmlnate bill]ding ntlmbers Illuminate building accesses Illuminate fxont and back areas Illnmlnat~ porch lights under control of building, not apa~iment user. Provide a cone of light downward to walk~ys Provide a level of lighting between buildings to distinguish forms and movement. Rfl,'enside Crime Free Mult~Housin*g ProGram 28 TYPES OF OUTDOOR LIGHTING Energy-efficient lighting f~tres help you cut your electric bill. Plus, mos~ product~ ~re easy to ins~al] because many models come pre-wh-exl and pre- a~semble& E~ch style comes with a lamp and you can also choose to add a photocell on some designs. Dusk-To-Dawn High-Pressure Sodium 150 wcat High-Pressure Sodium Flood 150 watt High-Pressure Sodium Wall Light 70 watt Quartz Light Metal Halide 500 watt Rivemide Crime Free Multi. lousing pn:)gram Incandescent Bulbs Supreme incandescent bulbs are rated to la~ 5000 hou~ OR~GI~-!~L compared to 750 hours for regular bulbs. Cooler burn with 85% longer lamp life. Withstands voltage fluctuations, and its brass base offers reduced socket freezing. Frosted or clear available. 40, 60, 100 watt varieties. Flood Light er~ One-piece weatherproof con- struction with a brass bas~ to reduce socket freezing. Cool burn. High Pressure Sodium Hermetically sealed, this high pressure sodium lamp offers 24,000 hours of dependable life. Built for outdoor uses, it absorbs wind and vibration, is insulated agaix~ high voltage pulses and has minimal freezing or rusting in the rocket Clear or eo~_~ (For use in high pressure sodium fixtures only.) no ,,t Cast cool, bright, economical light light indoors. Pic'ao'~' Circular, one of the s~, Rivemide Crime Free Multi-Housing Program r ORrG~4AL I~}vers~e CtY~e F~e Mul~ p~grarn 31 F~verside C;~ne Free Multi-I'~.~,s~ Pmgr-~m LIGHT and LAMP COMPARISON While many lamps will offer varying degrees of efficiency and effectiveness, this is a general guide to discuss advantages and disadvantages with certain lamps. Contact a professional lighting consultant if you have any questions. HIGH FIXTURE COST MODERATE LOW HIGH OPERATING COST MODERATE LOW Riverside C~me Free Mult~lousing Program WORK~::)OK 30,000 10,000 0 LIFE EXPECTANCY 175 100 50 0 MOST LUMENS PER WATT (S~'nilar to miles-pe~-gallo~) Results may ,~ary by lamp ty~e. GOOD COLOR RENDERING MODERATE LOW PJverside Cdrne Frae Mult~Heusing Program PART FOUR APPU!CATION [ IT'S WORTIt ~ EFFORT ]~soperty managers have differing views on how, or if, they should screen prospective resident. omc propeaxy managers have rigid guidelines e~ablished by thek managemem company or owners. Other property ~gers may feel that c~lli'~E references or checldn~ prospective residents is not worth the effort. Many times they rely on their "gui feelings" v,~en it comes to approving who they will rent to. Good screenln~ procedures will not only help you qualify better applicants, it may prevent a discrimination case as well. Be certain to keep current with ne~v laws pertaining to Fak Housing and consult with a qualified attorney before making changes to your policies. WHAT .ARE PROTECTED CLASSES? Federal Fair Housiag Laws strictly prohibit any di~sct;n~h~atlon agsi~nt pro~ classes. Those protected classes are: color rel/gion -',-sex ~milial s~us In some cases, property m:an:a~oerS may have to comply with other protected classes which may include age, sexual preference or source of income. What most people may not be aware of is that EVERYONE is in a protected class! Everyone has a race, a color, a sex and a national origin. No one can discriminate agalnqt an applicant based on their color, regardless of what color they are. No one can be denied residency based on their national origin, regardless of where they were bom. NOTE: You should keep an "Fatual Opportunity Housing" sign in the office to remind prospecrive residents that you do not discriminate against the federally protected classes. Riverside Crime Free Mui'~4-4ous~9 Program WHAT ABOUT NON-PROTECTED CLASSES? While discrimination against non-protected classes is not necessarily illegal, it may not be profitable either. For ey~mple, a property msnsger may discriminate against pet o~ers (provided t~st the applicant is not dependent upon the animal for a particnlar disability), but not allowing pets may tuna away a large number of applicants. Another example is the property manager who chooses to rent to only non-smokers. Here agaln~ it may be legal, but it may not be profitable. Property managers should have written standards to address their application process. These stand.ds should be posted prominently and/or attached to each application. These standards should also be carefully reviewed by an attorney or another individual familiar with Fair Housing Laws. These standards should be readily available for review, and strictly adhered to. A single discrimlnafion ju ~dgrnent can result in a fine of $I0,000.00 or more. In any case, be sure to apply your screening criteria equally and fairly to all applicants. The basic premise of these laws is to be cert~u property managers are screening fairly and staying consistenL WHAT ABOUT CRIMINAL BEHAVIOR? At this time it is not illegal to deny residency to aa applicant based on their erlmlnal ~ry. Keep in mind, it is not legal to discriminate on the basis of an anest; it mnst be a conviction If an applicant says they were not convicted, but they made a plea bargain instead, it is still a conviction. Behavior is not one of the federally protected classes. An applicant can be denied residency for behaviors at previous rental properties. For example, you could refuse residency to an applicant who has repeatedly disturbed or threatened previous neiglihors, sold or manufactured drugs, or damaged properties they previously rented. R~vers~e Crime F~ Mult~Hou$in9 ProGram OR G~ DISCLOSURE If an applicant discloses previous criminal history of convictions on the application, you mu.si deci& whether or not to accept the application immediately. If you accept the ~pplication, you may lose the right to deny the application for any information they have disclosed. Bottom line._check each application ~__Oi9_qgh~ before accepting it or any pro~sing fees. SELF REFUSALS ffan applicant is a,,~a~e of the screening criteria, they are less likely to apply, knowing they will be turned down. This is especially true if you charge an application fee or use a credit ~por~-g agency that thoro *t~hly checks credit and criminal Ms'tory. Managers who stress strict ~ttherence to screening policies will often see the applicant screen themselves out of thc process. There are many criterions you can use to encourage self screening. The following is an example of wtmt you could pos[ _NTi~APPLICAN~ ~ IN A ~CRIM~ FRk'~' [ ,~ YOU DON'T[ TO AC~ ~ I Riverside Crime Free Mu~d-Housing Program 37 STATEMENT OF RENTAL POLICY T HIS COMMYNITY WILL NOT DISCRIMENATE AGAINST ANY PERSON BASED ON RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, FAMILIAL STATUS, OR DISABILITY. OCCUPANCY STANDARD: TWO (2) PERSON MAXYMUM OCCUPANCY PER BEDROOM RENTAL APPLICATION EVALUATION GUIDELII~.S: Ao-e Reouh ¢,,ent: Le~e holder0 mus~ be 1 $ years or olde~. AU occupa~ 1 $ years or older will be ~ed to complete an application (even if living wi~ parent or guardian). Co-signers a~e no~ acceptecL Income Reouiremenc The gros~ momhiy i~come of all lea~ holder(s) will be coosideted jointly ~d m~ ~ times the rental amotmt oa the apm-tment~ AU iocome mu~t be verifiable. Ernolovrne~t Verif~:afion: *Lease holders) mus~ be currently ~ploye~ or provide ~ evidence of regu~' income sufficient to a~ least times &e rental amoum on the apartment, for the lease term. ~lfEmolovmenc Mus~ provide Ibe previous year's oersonal income tax remm and &e ~ ~o (2) m~ personal baak sta~ments as evidence of su~cient income. Persons who hold jobs tha~ are commission only, or base salary pb~ commi~$iol2, or lips, bor~u, ses will be cor~sidered self employed. Residenc~. Up ~o two (2) years residency history will b~ reviewed and must exh'bit no derogntory references. Any debt owed to a Concierge property must be paid befor~ ~ can be approved. Credk Re~qreme~ts: The a-edi~ hL~ry will be reviewed and ~o more than % or,he to~l account~ reported ~a~ be over 60 days past clue, or cha~ged to coUection ~ the past two years. P~:: AIl pet~ are subjec~ to property policy. Aoolicafion Fee: A $ non-refundable applicafio~ fee is requital ~ appLica~on. Criminal History. Mu~ e~h~it no cr~h'~l co~vicfio~ involving violence, g~d~g association, ~ ~, pro~itutio~, i~al d~gs~ ~hefL vand~li~,~, or a~y .'.~,e involving a minor. This '*'ill ioclude pe~on(s) who have received deferred adjudication and/or have not yet satisfied ~ae probationary l:~'Tiod ofa def~r.d adjudication for a~y of the above mentioned offe~es. ADDENDUM TO THE APPLICATION: Are you a current illegal ~ of a cobh oiled subs~ce? manufacazre, sale or clism'btnion of a control]ed subs~ce? of the above-noted Have you ever been comvic~ed of the illegal use, Are you currently on probation m' parole for any I UNDERSTAND AND ACCEPT TI~SE QU.~I.n~NG STANDARDS AND HAVE TR~y ANSWERED ALL QUESTIONS. FURTHER, I U~DF. RSTANI) TItAT FALSIFICATION OF RF~NTAL APPLICATION I~FORMATION WILL LEAD TO DENIAL OF RENTAL CONCIERG£ MANAG~ CORPORATION'S RENTAL TOLIcI~S ARE GUIDELINES, WHICH ENABLE US TO ACCEPT AS PROSPE~-i lV'E RESIDF. JVTS THOSE LNDIVIDUALS WHO ARE CREDITWORTHY AND DO NOT HAVE A CRLM~AL BACKGROUND. THIS RENTAL POLICY DOES NOT INSURE THAT Al J. INDIVIDUALS RESIDI~IG ON OR VISITLNG TIlE PROPERTY CONFORM TO THESE GUIDE~ Prospec~ve R~sident Dau: / ~ospt~vc Resider Da~ / / Prospc~vc Rc~id,n~ Da~ THE APPLICATION FORM PJvetside Crin~ Free MuEi-Housing Program 38 F PROPERTY:. APPLICATION FOR RESIDENCY NAM]~ PLACE OF BIKTH. PLACE OF BIRTH DATE OF BIRTH DATE OF BIRTH. LIST AGES, CURRL-'X'T ADDRESS SINCE CITY STATE ZIP pi-tONE LANDLORD'S NAME. PHON~ .PREVIOUS SLICE ,CITY STATE HA~ YOU EYE~ BEE~ EVICTED OR ~ A 1jNLA~IJL DETA]~ER F~I.£~ AGAINST YOU?. REASON. I)RIVEP~ LICENSE #. STATE SPOUSE'S DILL,IC. # STATE VEHICLES - YOU OWN, ARE BUYING, ~ WOULD BE PARICING ON THE PROPERTY: MAKE MODEL YEAR COLOR UCENSE PLATE I~ EXP. DATE E~. DATE. EX~'. DATE STATE ADDRESS C1TY PHOI~ DATE STARTED PosrrloN SUPl~vIso~ GROSS INCOME. PER SECOND/FORMER EMi~LOYER. ADORESS. ,CITY ~ EMPLOYED FROM ~O POSITION GROSS INCOME . PER SUPERVISOR SPOI~SE'S EMPLOYER. ADDRESS CrFY DATE STARTED ?o~mo.~ str~v~so~. GROSS iNCOME Pfm PHONE ANY ADDITIONAL IN CO.~ - STATE SOURCE AND AMOUNt. Rive~ide Cdme Frae Mul~-Hou$ifl9 P~xjram ORIGINAL NAME OF BAN~ BRANCH/ADDRESS 'I'~PE OF ACCOUNT ACCOUNT ~ CREDFI'OR*S ~ 2'YPE O~ ACGOUNT ACGOUN~ NUMBER MONntHLY PM'r. IN ~HO'S NAM~ TWO P~NAL REFERENCES: NAME ADDP,.E~. PHONE. RELATION.~U' any and all information from whatever source you choose. I m~horize all per.ns/or firms .s~ed in ~his application to freely pwvide any reque~ed information onnceming me and he. by waive all righ! of at, on for any co~ence resuMng from such information. I acknowledge payment of $ applica~on. as a non-refundable fee for ~he purpose of p~g this Applicant Date Spouse Date Riverside Crime Free Mult~HousJ~g Program WORr,~:~OK F [ VERIFY THE INFORMATION GIVEN It is a good idea to verify names and phone numbers with a phone book to be sure an applic~t is not using a friend or relative to "front" for them, posing as an employer or property manager. Call previous managers to inquire about an applicant's past behavior. This provides useful information when considering whether or not to rcm to the applicant. Many managers are instructed not to give out specific information about previous residents, bm they a~e cer~inly allowed to ask! Don't be afraid to ask if the resident has a history of non-payment or other non-compliant behavior. You might be surprk~ what they will tell you. It is a good idea to have a standard list of questions that will be asked for all applicants. These questions should also be carefully reviewed and followed closely whenever checking referencez. It is important to document the information received and names of reference~ you contacted. Be careful not to limit your questions only to the property manager who is currently rendng to the applicant. They may be inclined to say anything to B.u'n over a problem resident. Try to find a previous manager vOth no current interest in the applicant. They may be less inclined to misrepresent the applicant's previous behaviors and paymem history. To Owners & Managers With Small Properties: it may take a little time, but you can learn a lot ahoul an applicznt by driving by their current addre~ to see how they are caring for the property where they currently live. IN ~ ~ TftAT )tOLl NOT St]~ ABOET, Y~ GOMPk'7-DIT HF. LP l~OM Att ArfO~fP/ Ot~ A PEI~ON FAMIUA~ WI'fit LANDLOI~/ Riverside Crime Free Mutti-I.l~'sin~l Pro,ram 41 REFUSING AN APPLICATION Try. to resolve the applicant's questions by osing as few of these techniques as possible. Don't D~fend The Fact~ Don't d~f~d th~ cz~li~%,i~ina~ r~rt Yoa didn't amhor i~You ~aa't eha~ i~ Face The Music 3. Just Listen D~n't volunt~r to~ much inform~ Feel, Felt, Fom~d I uad~:,~d how you f~l I would've fek the same way However, ~he informatioo found doesn't meet our crkeria Higher Authority A company policy. Can't go case by case (or discriminate) 6. Dumb Broken Record I can't change it I under~tand how you feel Answer By Deflection I can't fix this report Short Circnit There's no~mg I c~n do right now Excuse me, I have anogaer appointment 9. Refer Applicant To Credit Agency If you improve the ~N~ct I will reconaider B O TT O M I. arNE : PLAN YOUR WORDS VERY CAREFULLY ' DISCRIMINATION SUITS ARE FILED WHEN MANAGERS SAY TOO MUCH! Rivemide Crime Free Multi-Housing Program 42 PART FIVE COMMON S NSE SELF DEFENSE AWARENESS IS TH'E KEY rOedst crimes can be prevemed if there is careful consideration given to measures proven to uce ~e likeh'hood of cr~mlnal activity. It is impor~an! W assess the types of crimes that have ocaured on the property, as well as crimes that have been commiRed on similar properties. To discount the possibility, of crime because "it hss never happened before" is not using good sense. It is imperative to understand the potential for many crimes exists and that steps to prevent those crimes should be t~aken before they occur. Many times, crime prevention involves acme awareness of the surrounding area, and that doesn't cost a lot of money. Using a 'buddy system' after hours is one inexpensive ~y to reduce the likelihood of an WORKING AFrER DARK When working late, it is a good idea to have another person in the office or nearby. A person walklng to a car alone is much more likely to be ,n~cked than a person who is walking with somebody else. There is strength in numbers! movlf a person must walk out to their car alone, it is a good idea to have the car as close to the office as possible, reducing the w-al.ldng distance. Whenevea: possfole, employees (especially employees who may leave after clark) should be given assigned parking spaces closest to the office area, or be allowed to e their vehicles closer before it gets dark. Ifthi_q is not possible, assign an area as close as possible which has excellent security lighting that cannot be easily disableck It is also essential, when trimming bushes or trees, to keep in mind the casual observers who may live or be visiHng in the general area_ Keeping bushes and trees tlqmmed and/or removing any objects that may block surveillance of the area or offer a hiding phce for an attacker will also allow the casual observer an open field of vision into the area. Rivers~le CrVne Fre~ Mult~Hous~g Program 43 EMPLOYEE TRAINING PROGRAMS Employees should receive training to prepare themselves for all types of crime situations. Typically, police departments will offer free classes that deal with common sense self defense. There are also private firms that can take the training one step further, even offering chemical sprays or other devices to discourage an attack. When working alone ia an office an employee should be certain that all doors and windows have been secured. It is a good practice to notify another person when working late as well. There should be a telephone nearby, should they need to call the police or another person for assistance. STAY IN TOUCH Cellular telephones and two-way radios are another good way to stay in much, not only when someone is ia the office, bm when they have to step ou~ for a moment as well. Pagers are another good way ta summon help from maintenance people or grounds keepers. Many property managers have established special codes that can be entered into digital pagers to qulcldy identi~ problem siwa~ions that may ARMED ROBBERY PREVENTION Armed robbery is a serious concern not often reeo~tmi?ed by property managers or leasing stuff. It is not uncommon for manag~ to eolle¢'t thonqaqd$ ofdol]a~ dllriag the ~ ~ of the month. Keep in mind, an armed robber will kill a convenience store clerk for $50.00 .Many property man.ers keep much more than this available in the form of petty cash alone. Earlier, we addressed Risk Management and the option of Risk Aceeptance, or ae~ep~ the risk. In this case, Risk Transference would involve u~o~erring that risk by purchasing a good safe with a special courier service. Risk Spreading is a third option in risk management. This involves keeping money in different locations, so even if one safe area is found, the money in other safe areas may go undetecteck Another way to spread the risk is m make frequent deposits ~4th smaller amounts per deposit. Risk Avoidance is a fourth option. Make a "No Cash Accepted" policy in the office. This can also help to prevent internal theft and embezzlement, by avoiding a situation entirely. Riverside cnme Free Mutt~-Hou~ing I:~ram ORI~INAL At the very least, property managers should place signs in highly visible areas that say the management will not accept cash and they keep no cash on the premlqe$. Recommended ge. as a~ at the fxont door and at reception or desk areas. The potential for an armed robbery is not only in the office, but at the n~ght drop as well, and eve ,rywhere in between. The potential for the money ~o be left behind, dropped or stolen is considerably high. The risk to employee~ v-ho carry the money may be even higher. POLI i (See memo next page) Riverside Cdme Free MuffJ-Housing Program 45 Apartment Community MEMO TO: All Employees FROM: Molly Manager RE: Safe~y Policy All applicants si:~ll ~ requh~cl to show a California Driver's License, California Identification Card, or military photo identification car& Tliis card shall be photocopied and placed in a secure place wkile the applicant looks at the unit. The identification will be returned immediately ~ds. Property managers and agems shall require the applicant to complete a Guest Information Card in the applicant's own handwriting. Th~s should include their current address and phone number. (This policy should be posted as well.) Property m~nzgers and agents shall notify another person about the showing before you go and tell them what rime you expect to returm If for whatever reason you feel in clanger, do not take any risks! Trust your ~! Reschedule the showing for another time when you are more comfortable. When shov,~g an apartment to a prospective resident, allow them to enter first Position yourself by the nearest exit. Leave the door open wide until you leave, bm be aware for suspicious people lurking outside the unit. NEVER follow the prospect into another room. Il'you feel threatened, leave immediately and call for help. Always keep vae~t apartments or model units well secured. When entering vaca~ units by yourself, lock the door behind yotc It is a good idea to carry a radio or ceLhflar phone with you_ If pos~'ble, have a staff member accompany you when you make your appointed rounds. At the very least, agents should consider earryin. ' g a whistle, personal alarm or defense spray, and know the hz~rds and limitations of whichever method they choose. Self- defense class~ may be another option to consider. Firearms are generally not a good option for many people. Report aH suspicious activity to police and management immediately! (It is a good idea to have a written policy posted where all applicants will see it.) Riverside Crime Frae Multi-Housing Program 46 ~ PART SIX COMMUNITY RULF~ AND LEAS~ AGP~~ l USE A ~NT I.EASE AGREEMENT ly property, managers are using rental agreements that are either outdated or in some cases egal. Rental agxeements should fxequently be reviewed by an attorney or a person very familiar with landlord-tenam laws. Frequently, S~a~e of California Landlord-Tenant laws vdll change, and a lease agreement may have to be revised to keep up with those changes. Rental agreements that are outdated often do not hold up in court. The Riverside Apaxtment Owners Associati°n may be able t° ~tl/ ~ ~. provide aa updated lease a~-eement, as N/~/[//.~ ~?~c.k[~ 15 w~U as other man~m,~ fo~. I ~ ~NO~OCO~trS O~ ~ 0~ [,., ~, ~ ITEMS THAT MAY BE IN THE LEASE: Cleaning/Redecorating Fees Uffiities Costs · Maintenance of the Premises · Pet Policies No Business Clause Key Control · Security Deposits Alterations and Improvements Use and Occupancy Restrictions · Rules and Regulations · Parking Restrictions Cancellation Fees Late or Partial Payment Fees NOTE: Laws may vary considerably from state to state. Make sure your rental agreement is appropriate for current California laws. Always consult with an attorney or somebody very familiar wqth landlord-tenant taws, before enacting new lease agreements. Riverside CAme Fre~ Multi-Housing Program 47 USE OF ~ CRIME FREE LEASE ADDENDUM The Crime Free I~ase Addendum was developed to give reasonable notice to new residents (at the · lime they enter into the rental agreement) aborn activities or behaviors that contradict propea'ty rules, regulations, lease agreements or slate statutes. PJverside Crime Free Multi-Housing Program CRIME FREE I~F, ASE ADDENDUM consideration of the execution or re~ewal ora lease of the dwelling unit identified in the lease, Owner and Resident agree as foBows: 1. Resident, any membe~ of the residenfs household or a gues~ or otber pekoe ureter the ~sident's control shall not the illegal manufacture, sale, dism'hnion, use, or possession ~ intent to manufacture, ~eR, distn'bute, or use of a corm, dkd subgau,c~ (as defined in Section 102 of thc Conu'olled S~c,s~mce Aa [21 U.$.C. S02]). 2. Resident, any member of the ~'idenfs household or a guest or other pe~on under the r~idenfs control shall no~ mea~ b any act intend01t to facilitate a'ia',inal acfiviw, including drug-ml~t_~d c, h~inal activity, on or near the said premises. 3. Resident or m~ oftbe household will not ~ermit the dwelline unit to be used for. or to facilitate ~ hiiinal aclivkv. incb,a~g drug-re!~ c,i,,J~ acidly, regardless or whether the individual engaging in such activity is a member of the household, or a ~ 4. Resident, any member oftbe r~ident's household or agues[, or another person under the residenfs control lhal] n~ in ~he unlawful manufact~ing, selline. nsine, s~orin_~, kcevine, or ~vin~ ora con.oiled substance as defined in Health Cede § 11350, et seq., ai any locafiom, whether 9n 9r near the dwellino_ unit premises or otherwise. 5. Resident, any member of the n~clenfs household, or a guesI or another tm'son under the residenfs comrol shall not ~ in ~nv illeeal activity, including, m~stimfion as defined in Penal Code f~4?(b); criminal s~-eet lan! activity, as defined in Penal Code §156.20 et seq.; ~as proh~ited in Penal Code §240; bumlarv, as proh~ited in Penal Code ~459;, ~ unlawful use and discharee of flremms, as ~ in Penal Code §245; sexual offenses, as prohtb/ted in Penal Code §269 and 2g$, 9f ~ fresh oldie lease at, reement li~aI otherwise ieolnrdizes the beaith, s~f~v and welfare of the landlord, his a.~enl or chef tenam or involvine imminem or actual serious nmmrtv damage. 6. VIQI,,ATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF TENANCY. A ~ violalio~ ofa~ of the provisions of this added addendum shall be deemed a s~ous violation aad a ~ ~ irreparable it is unders~od lhaI a sir~_l¢ violation ~hzll be good ,':~,,~e for termination of the lease. Unles~ otherwlse provided by law, I:roof of violation shall not rexluire ¢,iminat conviotion, but shall be by a pre--ce of the evidence. 7, In case of conflic~ belwcen the provisions of flzis addendum and uny other provisions oftbe lease, the provisions of the addendum ~lmll govern. S. This LEASE ADDENDUM/s incorpo~ed inw the l~cse executed or r~newed this day between Ovmer and ResidmL Resident Signature Date: Resident Signature Dme: Residem Signature Date:. Property. Manager's Signature Riverside C~ne Free Multi-Housing Program 49 ADICION AL ARRE:,DAMIENTO PARA TEN'ER VVv ,c~NDAS LIBRE DE DROGA.~ Cuando se considere emrar o renovar el arrendamiemo para una unidacl de vivienda ideatificada en el arrendamlamo, el l)ue~ y el Residente, estamn de acuerdo con Io sigiente: 1. El residente, cualquier miembro de su familia, invRado, o ~q~lqaier olza persona bajo el control del residente, no comprometerse o permi~ir ningun actividad criminal, incluyendo actividades criminales r~lacionada con drog~ o en cualquier otto lugar eno serca de la propiedad; o cualquier o~a actividad ilegal en la unidack serca de o en la propi~t~a Acws criminates r~lacionados a dro~s se refie~e a la fabricaci6n, veata, dism'buci6n, uso o posessi6n con imencion de fahric~r, vender, dis~ribuir o usnr ilcgalmente substanclas controladas (como definida en la Seccion 102 del A~o de Con~oladas 21 U.S.C. 802). Es~e panafo tambien s~ dirige a toda persona mencion,a~ anteriormente q~ien ~ caalquirt criminal inctuyendo ac~vidades relacionadas con drogas. 2. £I residence, cualq~e miembro de su familia, invitado, o c, aalquier otra persona bajo el contzol del reside, nm, no de~r~ comorometerse en cnalonier nctividad que facilit~ actos criminales, inclavendo netividades crimin~les relacionndas dro~ss, serca de o en h propie, t~,tl 3. E1 residente, o miembros de la familia, n0 ~ermitira one I~ unidad se use oara agsi~tir o cometer cualouier acth'id~d~ criminales incluvendo aetividades relacionados eon drowns, sin deferinci~r si la persona es miembro de la casa o invilad~. 4. Residence o miembro de la familia no se comprometara en la fabricaci6a, venta, uso, acuraRlaci6n, o dis~ribuci6n de drogas ilega.les y subs~ancias contro!nd~s, como definidas bajo las E.,a'~m~s Revisadas del Esmdo de California Godigo 11350 H&S, en ningun lugar, eno serca de la propiedad, o de n/ngun otto modo. 5. Resideme, cualquier miembro de h famRia o inv/tado, o cualqu/er o~ra pe~ona bajo el control del resideate, no se vuede envolver en aetos ilegal~s, acfividades sobre oros~itut~ci6n, definidas baio las estatuas California Codi~o 647 actividades tocante n o~ndillas de las calles, definidas baio las estatnas California Codi~o 186.20 PC. am,'-~'~-~r intimidnr, como definido baio Ins eststuas Californin Codi~o 422 PC. a.~altos orohibiclos baio Ins estatnas Califgrnis Codigo 240 PC v 242 PC~ incluyendo pew no limi~do a flegakneme desca~ga~ una anna de fuego eno serca de h (California Codigo 245 PC). Cualquier infi'acci6n del arrendamiemo que pone en peligro la salud, seg~,t,a. ¥ biene~ar de el dudfo, s~ agentes, o o~ro inquilino, o propemo a ocurir o ~-'~' clano grave a la propiedad. 6. VIOLACI(~NES DE LAS CONDICI~NES MENCIONADAS ANTERIORMEb,~T_. SERA CONSIDER. ADO VIOLACI(~N MATERIAL Y INCURABLE DE LOS TERMINOS DEL ARRE,~rDAMIENTO y CAUSARA LA CANCELACI~)N INMEDIATA DEL ARRI~Nq)AMII~NTQ. Una infra~on de cna]quiera de las condicione$ de es~e adici6n aJ arrcndamiento sera condderada una violaci6n incurable de los tenninos del arrendamiemo. Es entendido y es~de acne,do clue solamente una violaci6n de los terminos sera ~ficiente para cancelar inmediatamente rd arrenc)amient~. Alme~os que la ley especifique difcrentemente, no sera necesario aue sea declarado culoable la lev, solame'nte que ~ evidencia l.a ~ponder'~nte. 7. En caso de conflic~o ena-e los terminos de esza adici6n y cualquier o~'a con~ici6n del arrendamiento, las condici6aes de adici6n govemara~. 8. E.s~a adici6n sera incorporada al arren&miemo clue se comienza o se maueva esle din entre Due'rio y Residents. Fecha: Resident~ Manejador Fecha: Propiedad ~ Riverside Crime Frae Multi-Housing PrOgram OR?G~r]AL [- [ 1 E E L !' The Crime Free Lease Addendum should be applied equally and fairly to all residents of aa apartment community. The Crime Fre~ Lease Addendum should be signed by all NEW residents. If a rental agreement is involved rather than a lease, the Crime Free Addendum can be applied to both new and existing tenants. COMMUNICATION IS ~ KEY Be vea'y certain to communio~ your policy against subletting. The tenant should NOT be allowed to sublet, transfer or assign a lease agreement, the premise~, or any part thereof without the management's prior written 5LETT1NG ~ consent. If the management gives written consent to sublet, such consent may include a provision that does not release the tenant from any liability. Only pemons listed on the lease, and the tenant's temporary guest, shall be allowed to occupy the premises or any part thereof, without the management's prior written consent. A temporary guest shall be construed as someone who resides with the tenant for a short period of time (usually no longer than 10-14 days). Any type of drug activity or other illegal activity commlt;t~ On or ll~ar the rgntal property will not be tolerated, and management will take reasonable and appropriate action agaln~t residents who violate the Crime Free Lease Addendtma Residents are responsible for members of the resident's household and guests (under their cowuol) when it comes to illegal or non-compliant beha~-ior on the property. It is impo~ rtant to stress to new residents that they should accompany their guests whenever possible to be certain they follow cornmtmity rules. Guests should not be allowed into recreational or common areas unless they are with a resident of the property. Residents, members of the residem's household or a guest (under the m sident's conlxol), ~hall not distugo the other resident's peaceful enjoyment of the premises. If complaints a~ received, the management should carefully document the information and serve the a~iopriaxe notice. Even if the propo~, manager did not wimess the disturbance, notice should still be served if the complaitmut is willing to testify in court. Let the judge decide. Inspection policies should be clearly stmed. Typically, a move-in impection is conducted before the resident takes possession of the unit, and other inspection is completed when the resident returm possession of the unit back to the property rnanaEe'menL In addition, property managers or maintenance should conduct quarterly or bi-annual inspections of all units to be sure the property is not being abused and all appliances are being maintained. Rivers}de Crime Free Multi-Housing Program ORE31['4AL NO BUSINESS CLAUSE Residents should not be permitted to conduct any business, legal or otherwise, on the property. This causes a lot of foot trsffic in and out of mutal units, visitors who park in "assigned" space~, and excessive traffic in the parking lots. This business may, also be a "front" for illegal activity. If management desires to allow enterprising, the manager should approve each request and ke~p an a~eemcnt in the resident's file. Resident will a~ree to: limited hours limited noise limited foot traffic responsibility for all visitors Riverside Cnr~ Free Mult.~Housing Program 52 PART SEVEN BUILDING APARTMEHT COMMUHITIE f NOT A COMPLEX ~sntal properties are not complexes. Complexes are disorders! Rental properties are mall communities where people live, and many raise a family. It is important to view each property as a community within a community. Residents need to feel they are a vital part of a healthy community. When residents feel at home, they are more apt to take pride and ownership of the area. If residents of a rental property are fearful or not familiar with others in that community, many problems can result. Residents will be less likely to report suspicious or illegal activity, and that causes apathy. When apathy pervades, soon drug dealers and other undesirables will begin to take over the area. The only thing necessary for these activities to flourish is for good residents to do nothing to stop it. It does not take long for those who perpe[,~[e illegal activity to realize no one is going to report them. NOT A POLICE PROBLEM Crime is NOT a police problem. It is a COMMUNITY ~-~ -.,, problem. The porme ARE a part of the community, so ~ ts#0r~ ~0u¢~ this does n? exclude the police. It certainly is the [ police depa~u.ent's role to arrest people involved in ~ illegal activity, but if the management re-rents to .Y others committing criminal acts, the problem does not go away. For example, if neighbors complain that various types of illegal activity are making a park unsafe for children to play in, this is not neceseadly a police problem. The police can remove the persons committing (:rimes in the park, but if the residents do not follow-up by using the park, other illegal activities will soon begin again. R;,verside Cdme Free Multi-HOUSing Program 53 ORiGI~,tAL PROBLEM SOLVING 4 2 5 3 Riverside Crime F~ee Mult~Ho~sing Program 6 ORIGI[]AL ~ HOW TO BEGIN To build an apartment community you need to start with residents L~~ that care about their environment. Frequently property manoang~ will say that residents are aware of illegal activity occurring property, but they are unwilling to give their names or make a written ~ ' report. In strong apartment communities, residents will not tolerate illegal activity, and are even willing to testify in court about abhorrent behavior among other residents. Remember that criminals are like predators, seeking the easy target. If they are able to scare residents into silence, fftey can perpetrate the crimes. As previously stated, one of the most violent elements in society today is aoath¥. Ignoring a crime problem will allow it to flourish more rapidly. It works the same way as weeds. Ignoring a problem will not make it go away. Usually it will get worse. Residents need to understand that they are a vital part of the community's health and welt-being. The RIVERSIDE CRIME FREE MULTI-HOUSING PROGRAM teaches residents how to be effective eyes and ears of the ~~, To ~[bact conscientious residents you must have a ~'_ ~ =~b'-~-~-[~ clean property. Properties that have f~l. len into ~,~,.~£e~.o r~ _~_e e~,~_~l~_~disrepair will not albact respon.sible residents. A '~~C'~ property mat is clean and well rnai~ned W~L It begins ";7"=~~ '~ ~ curb appeal; how your property looks. FORM VS FUNCTION VVhile a small sports car may be very attractive, it does not offer much protection in an accident. The 1955 sedan that weighs twice as much (or more) will offer better protection. The point is, it does not matter how pretty something is. If it is not safe, it is not practical. Property management will spend f~en~ of thousands of dollars to beautify a property, but they will not invest in security lighting. A person looking for a safe place to live may shy away from a property that is too dark, however, a drug criminal may choose a property for that very reason. Attracting good residents is the first step to building an apartment community. You need to begin by cleaning house...literally. It does not cost a lot of money to pick up litter or other garbage and broken glass. Trimming trees and bushes does not have to be expensive either. Responsible applicants will come if they feel responsible management is running the property. Riverside Crime Free Multi-Housing Pre, ram 55 V~)RKBOC~ ~ OR~Gh'-i~L It is difficult to attract good residents if you have current residents loitering in the parking lots or common areas ddnking alcohol or using drugs. People who conduct this kind of behavior will not only prevent good residents from moving in, they will influence your best residents not to renew their lease. You cannot build an apartment community if you do~'' I#~/~_~/' C-~_ )~ - ~x_~ not remove all of the obstacles that stand in your way. It is a good idea to visit the property at all times of the day and night to see how the residents behave. This is especially important for properties with off-site management or absentee landlords. Do not rely on independent management companies that contract their se~/ices. Many times they are chiefly concerned only with collecting the rent. THE NEXT STEP Once you have attracted the right applicants, be sure to sell them on the benefits of your particular property. It is a great idea to highlight the best features of the property. But keep in mind, many properties have great amenrdes. You need to appeal to their concems about safety and security. While no property manager can guarantee a resident will not be affected by crime, a resident will take great comfort in knowing the propeK~j has estabrshed a good rapport with the local police. Good prospects will be happy to hear management is a member of the RIVERSIDE CRIME FREE MULTI-HOUSING PROGRAM. Prospects with a history of drug or other illegal activity may simply say, "Thank you, there is one other place I want to look at first." Be fair, but be firm in your residency requirements. It is your right. One property manager notorious for her strict guidelines was reported to the Attorney Generars office for poss~le discrimination. People Eom various classes were sent to the property to audit the manager. The report concluded the manager was equally rude to everyone; there was no discrimination, she was just very strict. Once a resident shows interest in the property, let them know that all residents at the property have been required to sign the Crime Free Lease Addendum and pass a criminal background check. While this is no guarantee, it does show that management is doing everything they can leg_ al _ly do to reduce the likelihood of criminal activity on the property. Riverside Cnme Free Multi-Housiog Program CLOSi. T.E DEAL Once an applicant has been approved for residency, they will come into the office to review community rules and sign the rental agreements. This is a good time to explain management and resident responsibilities. Property managers should reiterate their responsibilities, and the responsibilities of the residents. This is a great way to establish a professional, yet personal, rapport with the new residents. I' KEEP IT GOING It is a greet idea to sponsor community activities at least quarterly. These activities should appeal to all age groups. Try to plan various activities that are sure to draw as many residents as possible. When residents withdraw into their units and do not i socialize with neighbors, th~s leads to apathy and sometimes hostility among residents. When residents feel they are a part of a community, they are more likely to work out differences with neighbors. Reside~iL~ who do not associate with neighbors are much more likely to make complaints to management. People who use rei~[ai proper'des to promote ~legal activity prefer to live in properlJes where residents keep to themselves, and community activities are less frequent. To attract younger residents it may be necessary to invite a band, disc jockey, or sponsor a night of karaoke. This is likely to draw a lot of residents, especially if you have flee food, drinks and giveaways to raffle off. By having functions that include all ages, residents begin to put names with faces, and faces with unit numbers. Younger residents will be less likely to cause problems in an area where they are well known. Rivemide Crime Fre~ Multi-H~"'~i~g program 57 WORKI~3OK PART EIGHT ACTIVE PEOPEI TY MANAGEMENT TAKING A COMPLAINT An apartment community needs active management to deal with the daily, prob .l~ms ~.a~. can arise among residents and guests. A manager should always be fair and impartial when hearing about resident complaints. It is good management to hear both sides of the story whenever poss~le. Calling both residents into the office may be one way of resolving small problems between residents. In cases where there is a potential for violence, it may be necessary to call the police, or at the very least try to keep the residents apart. If the complaint amounts to a breach of the rental agreement or the Cdme Free Lease Addendum, and one or several residents are willina to write a complaint and testify in court, you may want to serve the notice even though you were not an eye witness to the event. Let the judge decide. When property managers show a genuine interest in the residents' concerns, it encourages the residents to take ownership of the community, ff residen[s feel their concerns will fall on deaf ears, they will stop bdnging issues to management. This is not a good thing, as small problems will progress to larger ones, and those problems can lead to catastrophes. ROUTINE PROPERTY INSPECTIONS Pursuant to Civil Code §1954, the landlord must serve a 24 hour notice to gain access to the property. If a manager o~ agent of the property enters the unit without legal notice, the resident may be entitled to monetary damages. In some larger properties it may not be possible to inspect every unit on a quarterly or semi-annual basis, but for smaller rental properties it could be a valuable use of time. Routine property inspections should be conducted for al._~l residents equally and fairly. Routine inspections may be conducted for the purpose of replacing air conditioning filters or inspecting a property for damage, when reasonable grounds exist that a problem has occurred (such as roach infestation or water damage). Inspections should never be conducted for the purpose of singling out a particular resident PJvemlde ~ Free Mufffi-Ho~sing Pl~gram59 ~ without cause. It should never be done for personal of the management. If residents refuse to allow the manager or an agent to inspect the unit or any part of the unit, the manager may serve a three day notice for non- compliance. Residents cannot install intedor dead bolts or refuse an inspection of a part of the unit. If a resident does refuse access such refusal is sufficient grounds for eviction. In an emergency situation, such as fire or water damage, a manager may enter the unit without serving no§ce to protect the property from excessive damage. If the manager has reason to believe a resident may be injured or ill, they may enter the unit to check the welfare of the resident if other attempts do not work. reasons or for retaliation on the part GOOD PROPERTY MAINTENANCE Building Maintenance - The building should have a bright colored paint to reflect ambient light. Keep it looking cared for. Stairs/Balconies - Stairs & balconies should not have a cluttered appearance. They should appear clean and safe. Courtyards - Keep trees and bushes trimmed. Maintain good lighting and litter control. Common Areas - Laundry and recreational areas should be clean, well lit and )romote a sense of safety. =arking Lots - Maintain lighting, asphalt and signage. Paint spcc'J bumps and fire lanes as necessary. Perimeter Fencing - Inspect for damage to structures and repair immediately. Paint over graffiti ASAP. Litter Control - All members of the management team should pick up litter or debris whenever they see it. Encourage residents to help keep "their community' clean. R~verside Crime Free Mult~Housing p~gram F [ COMBATING ILLEGAL ACTIVITY' WHO'S JOB IS IT? poperty managers .g~e~t frustrated very quickly when hying !o report cdminal a '.cti~.. to he police. It just scc,ms the police do not show enough interest. If they care~, mey would arrest the troublemakers, ~ght?. Well, it is not that easy. Some property managers are viewed as apathetic toward crime. It appears that property managers ~-~ intentionally rent to anyone, as long as they pay rent. Some police officers are viewed as apathetic toward problems that anse ,n rental communities. appears the police are in too much of a hurry to get to the next call, or the next cup of coffee. The tn.~h is, there are some property managers police officers that could do a better job. But the majority of police officers and properbJ managers ~r~. doing their level best. There is just the issue misconceptions about what the police can and cannot do, as well as what the property manager can and cannot do. THE DISPLACEMENT THEORY If management depends too heav~ upon the police to deal wi~ criminal activity on the property, they will I~ely be disappointed. The porme cannot do very much alone. For example, consider the balloon displacement theory. If a balloon is squeezed from one side, all of the air is displaced to the other side. When the balloon is released, all of the air comes back again. The police have this same effect on crime. The police can respond to a crime problem, apply pressure, and displace the problem. BUt as soon as they move on to the next area, and they VV~LL have to, the problem returns. If a property manager squeezes one side of a balloon, maintenance squeezes another side, the police another side, and residents squeeze from the top and bottom, the balloon will burst. This team can have the same effect on crime. There is strength in numbers! United against cdme, the team will always win. R~vers~de Crime Free Multi*Housing Program 61 ~ ~T~ Police officers do not have sufficient training in civil laws regarding landlord/tenant disputes. Frequently, the police expect the property management to do things that just are not allowed. The reverse is true. Many times the police are asked to do things that they are not allowed to do either. Because them is not enough time spent on explaining why a particular action cannot be taken, the other sees this refusal as apathy. CIVIL LAWS VS. CRIMINAL LAWS To clear up the matter, we first have to see the differences between civil and criminal matters. They have very little in common. In fact, sometimes they have NOTHING ATALL in common. Property managers work with the Landlord/Tenant law of the California Civil Code (civil laws) while the police work with the California Penal and Health and Safety Codes (criminal laws). The rules and the penalties are entirely different. Criminal Law When you think of criminal laws, think of Perry Mason, the judge and jury. When you think of civil laws, think of Judge Wapner and 'The People's Court.' The issues and the procedures are quite different. In criminal law, the police must have 'probable cause' to arrest someone. Suspicion is not enough. Probable cause is where an officer knows a crime happened, and believes the perpeba[or is the one being detained. When an officer begins to question the person who just got arrested, they must tell the suspect about their "Miranda Rights.' The police cannot search an apafb~ent without a warrant, and they are not easy to obtain. If the officer is able to bund enough evidence to arrest a suspect, there is still no guarantee the prosecutor's office will file charges. If charges are filed, there is no guarantee the person will be brought to a jury trial. If the person is brought to a jury trial, there is no guarantee the jury will convict. If the jury convicts, there is no guarantee the person will go to prison, if the person goes to prison, there is no guarantee they will stay there very long. In many cases, plea bargains are made, probation is given, and in some situations, the charges are just dropped. In most cases, the people that get arrested at rental properties do not go to prison. They are released very soon after being arrested, and they go dght back home to their apartment. PJverside Cdme Fre~ Multi-lousing Progmi-~ Civil Law In civil law, the procedure is much differenL Property managers do not nccd probable cause to question a resident and they do not have to read them their rights. Property managers have the right to enter rental units (as provided by law), and they do not need a search warranfi ffthe resident has committed a breach of the rental agreement, the resident must appear in court or risk losing the judgment. In civil court this is not the typical courtroom scenario. You might be surprised not to see a jury. Each person stands before a judge, the judge weighs out both sides of the issue based on the evidence presented, and renders judgment. That is it. In criminal cases, a jury must be convinced "beyond a reasonable doubt". In civil law, the judge only needs to see a "preponderance of evidence'. A preponderance of evidence is MUCH less than proof beyond reasonable doubt. A preponderance of evidence could be only 51% to win. Proof beyond reasonable doubt requires virtually 100% to win the case. Criminal Preponderance 98%-t00% VS. Civil Preponderance 51+% TAKING ACTION If a resident is conducting illegal activity at the rental property, a criminal conviction may not be as expedient as taking civil action. For instance, if a resident is suspected of selling drugs or gang activity, you should contact the police, but be prepared to take action yourself. There may not be a whole lot the police can do to help you in some cases. Document all of the activities you and others have obsen/ed, because you may have more ability to deal with the situation. Riverside Cr~ne Free Multi-Housin~ program POSSESSION OF FIREARMS The Riverside Police Department frequently receives calls from property managers and other concerned residents about a person on the property with a gun. As long as the person is not pointing the gun at anyone, posing threat, carrying the gun loaded, or concealed without a permit, the person is probably not breaking California law. It is not against the law for a person to can7 a gun, as long the gun (or the holster) is visible and is not loaded. If it is concealed, they must possess a weapon's permit issued by the Riverside Chief of Police. Criminal laws against threatening a resident or another person require a considerable amount of proof. Civil laws regarding residents of rental property include intimidation, which is a lot easier to prove. In this case, the management may have more authority to deal with gun-toting residents than the police. Although property managers have tried to make rules prohibiting residents from carrying guns on the property, they may be ruled as conflicting with the constitutional dght to bear arms (in violation of the Second Amendment). However, rules regarding behaviors associated with firearms are more enforceable. GANG MEMBERSHIP It is not against the lave to be in a gang. However, it is against th~ lew to actively participate in any 'criminal sbeat gang' with knowledge that its members engage in or have engaged in a pattern of criminal gang activity. The term "criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its pdmary activities the commission of assault with a deadly weapon, robbery , homicide or manslaughter, drug activity including sale, possession, transportation, manufacture, or offer for sale, rape, kidnaping, car jacking, and other crimes. See Penal Code § 186.20 et seq. If a gang member commits a criminal act on the property, spray painting, for example, now the police can get involved. But if the suspect is a juvenile, do not be surprised if they are immediately released to a parent. If neighboring residents complain the suspected gang member's friends are disturbing their peaceful enjoyment of the premises, you may be able to serve a three day notice. This would apply to loud music, loud parties, verbal fights or other breaches of the rental agreement. Riverside CAme Free Mult~-Housiog Program L DRUG PARAPHERNALIA Anytime a manager finds a drug pipe, drugs, r, ccdles or other paraphemalia on the property, they can take the items to the office and then call the police depa,tment to have the items removed. It is important to exercise caution when handling th:e items, and glov~ should !~ worn. ~ ~ Needles are especially dangerous, not only because of ~ the drugs themselves, but because of the likelihood of the transmission of Hepa'dfis or the HIV virus. Because ~/~.....~ children and adults frequently crawl into dumpsters, this is not a good place to dispose of them. Maintenance and grounds keepers should also be on the lookout for ~,ccdles and other ~ ~ stashes in remote areas of the property and inside broken sections of block fences. GENERAL DISTURBANCES Loud music, loud parties and just rowdy behavior can be very ~~/~~~ annoying. Under Califomia law, the police can ask residents to reduce the noise, and may issue citations and arrest individuals for disturbing the peace. See Penal Code ~t15 or Riverside Municipal Code Chapter 9.07, ~ City of Riverside can bill the respons~le ~1~ parties for the cost of police manpower in responding to the loud party. However, as a prac§cal matter, e~.e management has most power to deal with this non-comphance. A resident should be served with a three day notice for each breech of the rental agreement. The manager can simply tell the resident to stop violating the rei-~a~ agrccmen~ or the next time the violation happens will be grounds for an eviction. It is okay to call the police when there are disturbances on the property. But be prepared to serve the appropriate notices as well. In cases of disturbances, an officer might issue a citation to the resident, but they are not likely to go to jaE. Even if the police officer did arrest the resident, and found a man~uana cigarette in his pocket, chances are very good the resident will be released or will be beck home the very next day, if not that night. WHO HAS THE POWER? The Fourth Amendment to the United States Constitution limit~ the power of the police. The property manager has much more power to remove a resident from the property, since there is a contractual arrangement. However, there are some things the police can do that managers cannot. However, more (~ '~ Riverside CHine Free Mu~t~Housing Program 65 WORKBOOK -' often what the management ~n do, the police cannot. Together the police and management can work with responsible residents to solve virtually any problems. It takes a concerted effort, and both sides have to be willing to do as much as possible. If a rental agreement has cleady stated policies regarding unauthorized occupants, the property manager can typically serve a notice for the resident to remedy the breach in three days, or face eviction. This is often the case with unauthorized pets. While these stories may sound far fetched, truth is sometimes stranger than fiction! These are actual cases. NO TRESPASSING ATTEMPTED MURDER '9-1-1, what is your emergency?." "It's my husband, he has a gun, and he says he's going to kill me.' "Okay, stay on the line. I have several officers responding to your apa~b['~ent as we're talking." "Please hurry." 'Which unit number are you in? CLICK - Dial tone. "Hello? Are you still there?" (The line is busy on call back.) The police respond at 1:40 a.m., set up a perimeter, and evacuate all of the neighboring units. It's the middle of the night, it's cold outside, but the neighbors could be in danger. They have to leave. For several hours the police negotiate with the gunman, but he refuses to put the gun down. The hostage negotiator is also unsuccessful. At about 7:00 a.m., the police fire tear gas into the unit, breaking the window and burning the curtains and carpeting. Fortunately, nobody is seriously injured. The SWAT Team takes the suspect into custody. By 7:11 a.m. the suspect is handcuffed and placed into the back of a waiting patrol car. By 8:00 a.m. he is in front of a judge; by 9:00 a.m. he is released and has his guns back. Riverside Crime Free Multi-Housing Program 66 WO~ P I f- The manager is livid! She calls the police and insists in knowing why 'the police let this man go?' The response is, "The police did NOT let this man go, the judge did. The police department's job is to take a suspect before a judge. After that, it is up to the judge! ff the judge orders the police to release him, they have to do it." The manager lashes back, '1 want to know why the judge let him go?" The response it, 'It happens all the time. The courts are so busy, and the jails are overcrowded, so not everyone goes to jail. In Riverside County there are so many inmates that the jail deputies are forced to release the misdemeanor and minor felony violators on a citation.' If you call the sheriff, he'll tell you he does not have enough money or facilities because of budget cuts. In a way, the people blame the police, the police blame the judge, the judge blames the sheriff, and the sheriff blames the people...who blame the police, who blame the judge, who blame the sheriff, who blames the people... The irony of this true story is the manager was mad at the porme for not doing their job, when in fact, they did all they could. The manager, however, did not do HER job. This was the third time the police were called to the same apartment unit in less than 10 months. The manager chose not to evict him the previous two i~s because she knew the resident was having "personal problems.' MANAGEMENT'S RESPONSIBILITY Frequently managers complain about all the problems they are having ~ a particular resident. They can tell many stories, but when asked to show written documentation of non-compliance, often times the manager has not kept records. ~/~ One manager was asked if he ever served a three ! day notice His reply was, =What is a three day! notice?" i, u'uuu,~uw It is not uncommon to find managers who only know about the three day notice for non-payment of rent. They feel they were hired only !o collect the rent, and it is the police departments job to deal with ~ ...~__~',~ undesirable behavior involving residents. )hGranted, most apartment managers are familiar with the various notice, but far too many do not use them as often as they should. The three ($) keys to any PJvem~:fe CAme Free Uult~Hou$ing Program 67 successful eviction are "document... document... DOCUMENT." r- II'FA RE$1DEIV'P$ FILE ~ CONTAINS ONlY RENT RECEIPTS AND NO NOTICES OR DOCUMENTATION, YOU MAY NAVE TROUBII: CONVINCING A JIlD~ THE RESIDENT t-lAS BEEN A OBLEM FOR A LONG TIM~. RESIDENT'S RESPONSIBILITY Train residents - to recognize and report illegal activity. Empower residents - form Neighborhood Watches and resident councils. Establish relationships/rapport- attend meetings, use sugges~on boxes, have an open door policy. Set goals - for residents. Smaller, short-term goals at first people get discouraged · people need successes people nccd a series of goals remind residents of goals advertise successes ~, Larger, long-term goals later Rive~ide Cdme Free Mult~Housing program · more impact on community · more difficult, but more rewards A TEN-STEP PROCESS 1. Contact all residents. 2. Arrange a timely meeting. 3. Provide handouts. 4. Follow up with newsletter to all residents who do not attend. 5. Have property manager facilitate meeting, 6. Arrange police/tire department presenter. 7. Present crime statistics. 8. Present reasons for crime. 9. Present resources. 10. Present solutions. PJverside Crime Free MullS-Housing Program ORIGINAL PART TEN PARTNERSHIP WITH THE POLICE THE POLICE WiLL NOT TALK TO US Pth equently managers will complain that the police do not stop at the office to report why ey are called to the property. There are some very legitimate reasons why. Some problems are so minor, the officer may not feel it warrants reporting. For example, a couple has a verbal dispute, as many people do, but no one is hurt; the situation is minor, and there is no reason to 'air the dirty laundry' to the neighbors. Though it may be the manager who walks up to the officer asking about the call, the officer may not feel it is appropriate to disclose the information. It is also possible the officer is not certain the person is really the manager. Many times the officer is in a hurry to clear the call and get on to the next one that is waiting. Domestic calls take a lot of time in and of themselves, and officers are always being criticized about their response time by the next person who is waiting. The time it takes to locate a manager (and re-tell the whole story) can easily amount to 15 minutes, a half-hour or more. This is especially true when the manager has a lot they want to say to the officer as well. Some officers feel the manager is not going to follow through anyway. Though it may be hard to believe, there are property managers that are nosy. They never follow through with the appropriate notices, they just want to know everybody's business. If a police officer knows the property manager actually follows through ~ an appropriate course of action, there is greater incentive to talk with the manager. The officer really does not want to keep coming back for the same problem over and over again. Meet with the officer, even if you have to call the dispatcher to schedule an appointment. When the officer arrives, let them know you are an active member of the RIVERSIDE CRIME FREE MULTI-HOUSING PROGRAM and you are willing to work with the police. Meeting the officer is the first step. Keep in mind, one officer works day shift, another works the swing shift, and another works graveyard shift. Also, other officers fill in on their days offi It could take a while to meet Riverside Cr~ne Free Mul'd-Housing Prog~m 71 WORL~3OK them all. PRIVACY LAWS There is another very key issue to be addressed. That is the issue of pdvacy laws. A police officer cannot stop by in person, or leave a card in the office telling you the ~'ho, what, when, where, why and how." The officer is more h~ely to give you a case number, and as a matter of public record, you can request a copy of the police report. Always by to get the case number if you get nothing else. While the officer may not be able to give you the frames of the persons involved, they may be able to give you the unit number they went to. HOW TO APPROACH THE OFFICER If you see a police officer at one of your rental units, do not interfere - stay back. The situation may become very volatile at any moment. The officer may order you to stand back for your own safety. If you are certain things are settled, you can get the officer's attention and introduce yourseff as the manager and ask to see the officer when he/she is through with the call. The less you say at this point, generally the better. Stand at a safe distance, but wait for the officer. Do not go back to the office. When the officer is finished, let them know you are working with the RIVERSIDE CRIME FREE MULTI-HOUSING PROGRAM, and get a case number. Sometimes, a case is not drawn up and no report will be written. The officer will let you know. If the officer is able to give you more information, it will help you follow through with the necessary steps you must take. If not, get a copy of the report. Let the officer know that you do plan to follow through, and you would appreciate working with them in the future. Riverside CHine Fre~ Mult~Housing Progran3 WOP. KSCiaK ~ OR~G~,L F ESTABLISHING MORE property manager has a serious problem with L~e, they may choose to hire off-duty officers to ~-~ #1~/ patrol the property. This is a very effective way to w/~z ~r~o/~'~r~ TO ! / ' -,'"..~ · ' ' If r: Tn solvesenous problems with residents..a man.age i u~uav~.lss~10~-J cannot do that, they may want to consider private ~o~rr~Rr.s~l~ '~ ~j~/ REQUESTING "EXTRA" PATROL Frequently managers will call requesting 'extra' ~.~.--~ patrol· While it never hurts to ask, it may not help either. There are hundreds of rental properties in Riverside, many more properties than we have patrol officers. One thing they all have in common is, they all want 'extra' patrol visits through the property. Then there are the mobile home park managers that call because several of their vacationing owner's mobile homes were burglarized. They all want 'extra' patrol, too. Let's not forget the managers of the grocery stores that call the police looking for 'extra" patrol because a customer got a purse stolen, or a car was stolen from the IoL There are more stores than there are patrol officers. Plus, of course, there are thousands of residents that want 'extra" patrol in their residential neighborhoods. Everyone wants to see more police patrols in their neighborhoods. There are still others that feel the police ought to spend more time writing tickets for speeders and people who do not use turn signals. There just are not enough police officers to fill all those nccds. Unfortunately, the police officers cannot provide security for everyone who asks· Even if they could visit the property a couple of times per day, the likelihood that they would be at the fight place at precisely the fight time is very slim. The best efforts will include officers that can spend hours atthe property. Random passes through the property are ineffective, and often not possible. Riverside Crime Fre~ Multi-Housing Prog=m NARCOTICS SURVEILLANCE Property managers will also call the police requesting a narcotics detective to set up surveillance on a resident they suspect of using drugs. While managers are aware the detectives ara not sitting by the phone hoping somebody will call soon, they may not know how many calls are received. Narcotics detectives are highly trained and do excellent work because they have methods that work so well. Typically, they rely on a person to 'introduce them" to a suspect whenever possible. If they can get close to an operation, they are more likely not only to make an arrest, butto arrest several people. If the quantities are high, they are I~ely to get prison time for the offender. The higher up the supply line that they penetrate, the more successful the operation. The end user is not going to get the pdson time or produce all of the other results the detectives are after. They want the 'bigger fish' to fny. They work the more serious cases. There are more calls than the police have detectives. It is a matter of priority. MANAGEMENTSURVEILLANCE You should call to report the drug activity, because you may be providing the very key information the police have bccn looking for. You should also document other behaviors associated with the drug activity, and serve the appropriate notices. There are usually a s~inq of ~"~y0u~3w~v~ other evictable offenses that managers overlook, ~0~v ~ TO mci'Il ~/'--7'"'"'3. trying to prove somebody is into drug activity. A Rarely have properby managers confronted residents ~v~ with their suspicions, yet they call the police. When ~'F~a~ F.m~ asked why they have not confronted the resident they say, ~1 do not have any proof.' Think about that The police need a lot more proof than the manager does. The police cannot do any~ing without proof. VVhy can't the police just watch and "get' the proof?. There just are not enough detectives available. The better question is, "Why don't the property management teams watch the resident and get the proof?." It is much easier for those who live and work on the property to watch what is going on. They know who lives at and belongs on the property; the police do not. Because management needs a lot less proof than the police, they will get faster rasults civilly. Setting up video cameras or recording license plates may provide dues, but they may also spark retaliation from the resident. Whatever action is taken, safety should always be foremost. Riverside Cdme Free Multi-Housing program 74 WORKBO~ ~ OR~Gli~JAL r- r ~ "BUT I AM SCARED!" Because the potential for danger is there, property managers should be more selective and forceful with prospective residents. If policies are not strictly stated in the beginning, they will be harder to enforce in the end. Prevention is the key. Most residents will stop drug activity ffthey find out the manager is 'onto them," The reason most people continue this activity is because they know the manager is afraid to confront them. Even if the police arrest a resident, you will have to evict them and others on the lease. They will come bed( awaiting trial in most cases, Riverside Cdrne Free Multi-Housing Program 75 ORIGINAL PART ELEVEN DEAUNG WITH NON,COMPLIANCE FIRST THINGS FIRST A j~any property managers use attorneys I V I that have experience with _Many ewctions are! landlord/tenant issues. The best attorneys lost on technicalities I are usually the ones that specialize in the evictions are lost on technicalities, the cost speciahzes tn the -~ ~ ~ for an attorney may save a lot of money ~Landlord/tenant Laws ~_~~/ down the road. If a resident retains an attorney and their attomey sees that eve~/thing has bccn handled properly, they are less likely to fight an eviction, tithe attorney sees the manager made mistakes in the process, they are more likely to fight the eviction, and u;Li.~ely win. DO YOUR HOMEWORK The basic state laws that regulate the landlord business are the Califomia Civil Code and Code of Civil Procedure. If you have ttouble understanding the law, work with another person, or sign up for a class. Knowing the laws will help you avoid trouble in the future. Attend an unlawful detainer hearing in the Riverside Consolidated Courts located at 4100 Main Street, Riverside, California. It is a great way to get prepared so you will not be nervous when it is your day in court! If you see what others are doing wrong and right, it will help you when it is your turn. PJverside Crime F~e Multi-Ho~sing program [~-owing t~e laws will help you OR GI~!AL c SET YOUR POLICIES liereneeds to be set~ cies t.o ensure thatI all residents are ~ It is essential that property managers are fully aware of their options when it comes to a resident's non- compliance with a lease agreement. There needs to be set policies to ensure that all residents are treated fairly, yet effectively. Just as with applicant screening, special care should be given to guarantee each resident is treated equally. Some property managers use a progressive method for dealing with non-compliance. They might begin by sending a personal note, and the next time send an official notice. Some managers will make a personal contact first, then follow with an official notice. W'[th some managers, it depends on the resident_ The best policy is to follow company policy. That usually means you will send written notice, and document the incident immediately in the resident's file. A policy should be applied equally and fairly to all residents. DO NOT BE COMPLACENT If a manager tums a blind eye to non-compliance, he or she may risk several things. He or she may lose her right to evict for the non- compliance at a later date. This is especially true if a manager accepts rent from a resident with an unauthorized pet or resident. The resident may get progressively worse, then the situation will be more volatile. Other residents may get the impression they can get away with the same non-compliance. Do not make a rule unless you plan to enforce it. Rivemide Crime Free Multi-Housing Program 78 1. [ If management refuses to take appropriate action against a non-compliant resident and this leads to an injury or death of another resident, the management could be sued for millions of dollars, as well as deal with their own responsibility for the death or injury. KNOW YOUR RESPONSIBILITIES If a notice is improperly served, or if the wrong notice is used, the case will likely be dismissed. In some cases, the manager may lose more than the judgment. For example, if a manager enters a unit to tape a notice to the bathroom mirror, that is not a proper service. If they entered without serving a 24-hour notice, they have made a second mistake which may entitle the resident monetary damages. Each process has special requirements that management needs to understand. If a property manager is unsure, they should seek the help from an attorney, or another person familiar with landlord/tenant law. SERVICE OF NOTICES AND DOCUMENTS A) PERSONAL SERVICE If a manager chooses to serve a notice personally, he she needs to be aware of what constitutes a good service. Most importantly, the person being served should be the tenant. Riverside Cnme Free Multi-Housing Program 79 The resident does NOT have to sign the notice, or even touch ~ If the resident sees you, puts their hands into their pockets and says, "1 am not touching that!', you only need to say, "You are served!', and drop the notice. If the tenant slams the door in your face, you may slide the notice under the door. If the resident jumps into his car and locks the door, you can place it on their windshield and tell them they are served. There needs to be a personal contact with the residenL Taping it to their refrigerator where they will be SURE to see it does not amount to a good service. B) SUBSTITUTED SERVICE If you are unable to locate the tenant at either home or work, the law allows you to use "substituted service" in lieu of personally giving the notice to the tenant. In order to serve the notice this way, you must make at least one attempt to personally serve the tenant at home and at work, leave a copy of the notice with someone over the age of 16 at the tenant's home or work, and mail a copy to the tenant by ordinary first-class mail. You must ask for the name of the person with whom you leave the notice and include it in your proof of service when you file your lawsuit. Substituted service of the notice is not completed, and the period specified in the notice does not start running, until you have left the copy with the "substitute" person and mailed the second copy to the tenant at home. The first day of the notice's period is the day after both of these steps are accomplished. C) POST AND MAIL SERVICE If you cannot find the tenant or anyone else at their home or work, or do not know where they are employed, you may serve the notice through a procedure known as 'posting and mailing", also known as "nail and mail". To serve the notice this way, you must make at least one unsuccessful attempt to personally serve the tenant at home and at work, post a copy of the notice on the front door of the tenant's rented or leased premises, and mail another copy to the tenant at home by first-class mail. Pursuant to California Code of Civil Procedure §1013, the service is complete at the time of('~A#0~/~S--,.~/ "~ depositing it in the mail, but any period of notice andI any right or duty to do any act or make any response I '~=ua> ~/a~' ~rr~ I ~, ~. .... I ~'/',~ WO~#$ with,n any penod or on a date certain after the Iw~ara~L \~-~' service of the document, shall be extended five ~ days Riverside Cri~ne Free Mur~Housing Program ORtGh~AL Success Stories of THE CRIME FREE MULTI-HOUSING PROGRAM EVICTION SUMMARY OF NOTICES THREE DAY NOTICES Before filing a court action to force the tenant to vacate the rental unit, California law requires that the tenancy be terminated. To legally terminate a tenancy, the landlord must give the tenant writIen notice. Failure to Pay Ren[' Notice to Pay or Quit This notice is used when the tenant has failed to pay his or her rent on time as specified in the rental agreement. If within three days after the notice has been propedy served the tenant offers the entire amount demanded, the termination of tenancy is ineffective and the tenant can remain on the premises. If the tenant does not pay the demanded amount, unlawful detainer proceedings may commence. VTolations of Rental Agreement/Properly Damage to Premises: Notice to Perform Covenant or Quit This notice is used for substantive rental agreement violations, property damage, or nuisance acts. There are two types--conditional and uncond~. The Notice to Perform or Quit gives the tenant the option of staying if he or she corrects his or her behavior within the three day period. If he or she does not, the tenancy is cons'~ered terminated, and unlawful detainer process may be pursued. Examples of when this notice is used include: -the tenant is violating the "No Pets" provision of the lease; -the tenant has failed to pay separate utility charges; -the tenant has refused the landlord access to the premises. The other three day notice simply tells the tenant to move out in three days, without an option to correct her behavior. This unconditional surrender of the premises notice may be used when: -the tenant has sublet all or part of the premises to a third person contrary to the rental agreement -the tenant is causing a legal nuisance by seriously interfering with the neighbor's ability live normally in their homes (i.e. loud parties, drug dealing) -the tenant is causing a great deal of damage to the rental property (i.e. breaking windows, punching holes in walls, dpping carpet). R~vemide c_.rime Free Multi-Housing Pn~gram $1 THIRTY DAY NOTICES In the case of a rental agreement rather than a lease, a landlord may terminate the tenancy for no reason by giving the tenant a 30-day written Notice of Termination of Tenancy. However, the landlord may not terminate the tenancy based on race, marital status, religion, sex, age, or sexual preference. You may prefer to use a 30-day notice instead of the three day notice, since you do not have to prove your reason for eviction under the 30-day notice. In addition, a tenant who receives a three day notice is more likely to defend the unlawful detainer in order to get revenge, vindicate his reputation, or gain additional time to move out of the premises. Using the 30-day notice gives the tenant time to rethink his position and allows him to move out under less pressure. Furthermore, a three day notice violation requires significant documentation and credible testimony. Typically, a Judicial Officer will not order an eviction based on a three day notice for minor rental agreement violations or property damage. In summary, evictions based on the three day notice should only be pursued when the problem is sedous and time is of the essence. THE UNLAWFUL DETAINER PROCEDURE In Riverside County, the unlawful detainer procccdings may be pursued pursuant to Chapter Four of the California Civil Code of Procedure, commencing with §!159, or the expedited unlawful detainer procedure, commencing ~ §1167.2. The major difference between using the traditional and expedited unlawful detainer procedure is time. The traditional procedure can take up to 60 days or more to obtain a writ of possession, while the expedited process can take as little as 13 days. Riverside Crime Free Multi-Housing Program 82 PART TWELVE ~ DE. PAReNT MANUAL E E E FOR WARD Perhaps nothing is as devastating as fire out of control. Fire can kill, disable, and completely disrupt people's lives. Fire can nfl. businesses and destroy livelihoods. According to the US Fke Administration, 20 percent of fires in the United States occur in apartments. This training is provided to help equip you with the information you need to significantly reduce the possibility of fire occurring in your complex. If you have questions pertaining to any information contained in this manual, contact the Riverside Fi~e Depaxanent at 782-5321 The Riverside Fire De~tment is grateful to the Mesa Arizona Fire Depaxtment for developing the original material cont~ued hercim. Riverside Crime Free Mult;.-Housi~g P~ocjram 85 ORic~ h~A L cc, EXITING SYSTEMS The most impotlant aspect of fire safety is getting everyone out quickly and safely. All exit corridors, doors, and stairways must be safely maintained at all times. Keep stairways free of obstructions at all times. Any~hlng which may render the stairway unusable should be kept away from stairs. Propane barbecue grills, motorcycles, and combustible materials should not be stored under stairs. · If there are interior corridor systems, ongoing maintenance is necessary. 1. Keep all storage and obstructions out of corridors. 2. Maintain and test emergency ligh6,g monthly. Check for burned out bulbs, low and dead batteries. 3. Maintain exit sjgrtq Replace bm'ned out bulbs as soon as poss%le. Fire doors along the corridor should be malntaill~d serf<losing, self-latching (especially laundry and utility rooms) and not propped open Properly maintained fire doom cam hold back fire and smoke from the corridor, allowing tenants time to get out. Post evaom6on plans in common areas of the complex_ Each plan must indiczIe two exfcs from each a~a and a safe place for everyone to congregale. Provide evao,avlon information to new ten ams regarding procedures to be followed if the fire alarm is activaled. ADDRESS It is very important that address numbers are easily seen from the street to assist emergency personnel in q~ickly locating the appropriate address. · The complex address numbers should be at least six inches in height, contrast with the background, and be visible from the street. Riverside Crime Free Multi-Housing Program Post apartment numbers conspicuously, contrasting with background, and at least three inches in height. 8a WORKBOOK OR~G!N,~ [ [ [ [ [ FIRE ALARM SYSTEMS Fire alarms are designed to notify residents of a fire in time to safely evacuate a building. Building managers should consider providing residents with information to assist them in planning their evacuation. Keep fire alarm systems in proper operating condition at all times. A copy of the testing/maintenance report shall be forwarded to the fire department. Complete regular testing and maintenance by qualified personnel. includes, but is not limited to, testing all devices, cleaning all checking battery levels, etc. Documentation may b~ requested by insurance underwriters seeking verification that reasonable efforts are being made to mal~t~n the system in good working order. Note: A Ixouble condition, indicated on the alarm panel by a yellow light, can be caused by numerous comti6ons. This sim~tlon requires contacting qualified service personnel to troubleshoot and correct the problem False ,!arms, besides being annoying, can cause residents to become "desensitized" to the alarm and possibly to rli~gard it Proper maintenance can help avoid thi~ situation Occ~onally, manUallmll stations are maliciously pulled. If this otxa~ frequently, conlact the Riverside Fire Department for FIRE SPRINKLER SYSTEMS Fire sprinkler systems are the most effective means Of controlllng fires, minlmi~Jng fire spread and damage caused by smoke and fire. Sprinkler he~a~ are ~ha~egically placed throughout at~iment living areas. Activated by he,__t, only those heads near the fire will discharge water. Fixe sprinkler systems do require regmlar testing and maintenance. A copy of the report qhall be fotwmrded to the fire department · Testing and malnte~ance of fire sprinkler systems I. Fire sprinkler systems require at least ann~al testing and maintenance by a qualified conWactor. Reports shall be forwarded to the fire department. 2. Standards for testing and maintenance of fire sprinkler systems are outlined in NFPA pamphlet 13A. I~Jverside Crime Frae Mult~ pre. ram · Central su~on monitoring If the sprinkler system has I00 or more sprinkler heads, the system is required to be monitored by an alarm monitoring company for water flow and t~mper. Tamper switches must be attached to the control valves. These switches will send a signal to the alarm monitoring company to notify them that someone is turnln~ a valve. · If the fire sprinkler system bas less ,hah 100 sprinkler heads, lock sprinkler system control valves in the "open" position to avoid tampering by unauthorized persons. FIRE EXTINGUISHERS Fire extingni~hers, when operated by a person knowledgeable in their use can si~m~ificantly reduce fire damage. TraJnln~o is essential. If you have a fire exting~,i~her available, be sure it is a Class ABC extinguisher, with a testing laboratory label. Use an extinguisher only if... 1. The fire department is being called. (9-1-1) 2. The building is being evacuated. Activate fire alarm, if available. 3. You know you have a class ABC and already know how to operate it. 4. The fire is small and contained in the area where it start~L 5. You can fight the fire with your back to an exit. If any of these is not txue, get out immediately and dial 9-1-1. Training information pertaining to fire extinguishers is available from Riverside Fire Department. Maintenance: Keep fire exfin~fishers in good working order at all ~ Be sure they are mortared in conspicuous, ~'ble locations. Annual servicing by qualified personnel and monthly inspection by maintenance personnel is required. FIRE LANES Fire lanes are designed to provide direct access for emergency activities and emergency vehicles. Most fxequently, they are used for fire apparatus during medical emergencies. When fire lanes are blocked by vehicles, a delay in receiving emergency assistance may occur. In a fire or medical emergency, seconds count. Proper sign age is very important to enforce no paxking in the fire lane. The police department will cite vehicles illegally parked and may assist apartment managers with enforcement. Contact Riverside Fire Department for information on sign age wording and placement. PJvemide Crime Free Multi-Housing Program f [ I' L EMERGENCY MEDIC 4 L SER VICES · · · · · · Learn CPR. Look in the yellow pages of your phone book under First Aid Instruction. Place 9-1-1 stickers, your address and phone number, and emergency numbers on or near the phone. When dialing 9-1-1, be sure to answer all the dispatchers' questions and follow their directions. Speak slowly and stay calm. Stay on the phone until instructed to hang up. Provide specific information about where the emergency is taking place. For example, the building number, apartment number, nearest entrances, which pool, etc. To direct emergency personnel to the scene, mm on an outside light and, if available, send someone out to meet them. Unlock g~es or doors le~dlng to the apartment so ftrefighters can malre enlry. POOL SAFETY Many water-related incidents occur ~eh year. These fxequently involve ymmg children, but adults can also be vicfmq. Water-related incidents include not only drowning, but near drowning, which can leave the vi~m severely bmlned damaged. Also, diving from other tha~ designated areas can cause head and $plna! cord injuries iftbe victim sa/kes his/her head on ~be bottom. Permanent paralysis can result. Alcohol consumption may precipitate water-related incidents by impairing judgement. Adults, as well as children, should never swim alone. Children must always be ~xectly supervised by an adult. Provide approved life-saving equipment, such as a pole with a hook or a Styrofoam ring, in the pool arez. · Persons supervising others should know cardiopulmonary resuscitation (CPR). · Interior perimeter pool fences should be installed. Fences should be at least 5 feet in height, with self-closing and self-latching gates 4V2 feet above grade, x, tfich should be checked fiequently. Vertical bars should not be spaced more than four inches apart. ~" ~ PJve~side Cdme Free Multi-Housing Program 87 WOR~K Keep pool area free of toys and other objects that might attract children. Keep tables and chairs away from the outside of the interior l)c, zimeter fence, so children cannot climb over the fence by using furniture or other objects. Do not allow pets ia the pool area when young children are present. · Post pool rules conspicuously and enforce them. Suggested rules include: 1. Children must always be directly supervised by a responsible adult. 2. Rules n(ldressing the consumption of alcoholic beverages should be considered 3. Roughhousing is not allowerl 4. Dive only from the diving board, not from the side of the pool. 5. Gales must be closed after entering or exiting the pool area; never prop them oper~ 6. Glc~s containers are not allowed in the pool area[ · It is recommended a telephone be near the pool, with 9-1-1 posted for emergencies. SINGLE STATION SMOICE DETECTORS All residential units are required to have single station smoke detectors installed. These smoke detectors may be battery operated or hard wired into the units eleclrical system. Smoke detectors should be checked monthly by the occupant for proper operation. Batteries should be changed armually or sooner if required. Riverside Cfin'~ Free Multi-Housing Program CHEMIC/I L STORA GE FLAMMABLE & COMBUSTIBLE LIQUIDS STORAGE Pool chemicals: Store pool chlorine and muriatic acid separately in a well-ventilated area. Flammable and combustible liq~!d~: Store gasoline in approved safety c~n~ only. Do not exceed five gallons. Place caps lightly on container. It is recommended that flammable ~ combustible liquids be stored in a well-ventilated area, away from open flame (i.e. gas water heaters and other ignition source~). Combustible and flammable liquids stored in excess often gallons, must be stored in an approved flammable liquid storage cabinet Contact Riverside Fire Department for cabinet specifications. COOKING INSIDE CLUBHOUSES & RECREATIONAL AREAS Cooking is a frequent cause of fire loss. Cooking which produces grease (i.e. frying, brow~nln~., of meat) is not allowed unless an approved grease removal system and extingmiqhlng system bas be~n installed. When an extinguishing systeln has ~ installed, seiwicing ev~-~y six mont~ by a qualified contractor is required. All cooking areas, hood and ducts should be kept flee of grease accumulation LOCK, g/LOCK BOXES At least two vehicular acce~ points into larger complexes may be required for fire dq~iment access. Gates may be locked; however, they m~-t be able to be readily opcmed by the fl~ dep~tment. Prior to closing any gates to vehicular access, contact the Riverside Fire Dep~ to determine if that access is r~uired for the fire department. The City of Riv=~ide uses a lock security system to access locked areas and will assist you in setting up a 10Cidn~ arrangement that fills your needs and of emergency crews. HEATING AND VENTILATION UNITS Heating and ventilation units require regular service. Develop and use preventative maintenance programs for all mechanical equipment. Keep motors free of grease and dust. Check filters regularly and change them when necessary,. Make sure fresh air returns/vents are kept clean and open to prevent carbon monoxide poisoning. Rivem~de Cdme Free Multi-Housing Program 89 LA UNDR Y ROOMS A laundry room is another area of fire ha~xrd. Lint and combustible debris can accumulate behind the dryer, and can ignite when heated. ® Clean dryer lint screens after each use. · Dxyer vents shonld be continuous to the outside. · Clean dryer and washer motors as needed to eJiminate grease and lint accumulafior~ · Gas vents for water heaters and dryers should be maintained in good repair and continuous to the outside. DUMPS TE RS Locate dumpsters away fi.om bui]dlngs. Maintain a 5 foot separation from combustible construction and eaves. The intent is that in the event of a fire in the dumpster, the fire may be contained to the dumpster and not spread to adjacent buildings. ELECTRICAL Many apartraeat fires are mused by electrical problems. These include improper use of emension cords, damaged flexible cords, overloaded circuits, and defective appliances. · Electrical installations and wiring throughout the complex should be installed by a qualified electrician, in accordance with the National Electrical Code. Extension cords: Do not use these as a replacement for permanent electrical wiring. Extension cords are designed for le,,,.orary use only. They should be kept free from damage, and the wiring size should be appropriate fo* the amperage of the appliance it is supplying. Use only UL listed cords. Flexible cords: Maintain flexible cords to appliances (i.e. lamps, toasters, etc.) in good condition and place them where they are not subject to damage. Replace damaged, flayed, dried, or cracked cords. Overloaded circuits: These can occur when too many appliances are plugged into one circuit, exceeding the capacity of the wiring, heating the wiring, and possibly starting a fire. Never plug in more appliances than the receptacle will accept Two plugs are usually allowed in a typical household receptacle. · Defective appliances: Heat producing appliances are especially prone to create a fire problem if misused or allowed to become defective. Unplug heat producing appliances (i.e. toasters, blow dryers, curling irons) when not in use. Place space Riverside Chme Free MuPJ-Housing PTogmm ~0 ~ heaters at least three feet from anything that will bum, or further if per the manufacturer's recommendation. Never use an extension cord to supply a space heater. Space heaters should be unplugged when sleeping or lea~ing the premises. · Never allow tenants to ma extension cords fi'om one apartment to another to supply power to an apartment without electricity. BARBECUE GRILLS · Use only enough charcoal lighter to start the fire. Keep the flame Iow. Never use gasoline to start the fire. · Keep the grill lid dosed x~aen cooking or waiting for charcoal to properly heat. · When cooking, the grill should be constantly attended. · Have an approved fire extinguisher close by and know howto use it. · Let coals cool overnight or wet the ashes thoroughly prior to disposal. Dispose of ashes by placing them into a metal container with a tight-fitting melal lid. · Keep matches, lighters, and combustible liquids om of reach and om of sight of children · Do not use or store barbecue grills on common balcouies used for exiting. · It is strongly recommended that barbecues not be used on balconies or m. LPG/NA TUR,4 L GAS (LPG/Propane Use and Storage/Natural Gas) · LPG cylinders (such as bafoecues) should not be used or stored inside buildings or on balconies, but preferably in a secured shaded area outside, av~y from bui]dlnE opeping$ and stairs. Ifa cylinder leaks or vents, flammable vapors nlay travel inside buildings. · Check rubber "0' rings and supply hose every time the cylinder is filled. · Protect na~'al gas meters and piping fi.om damage by vehicles. Riverside Cdme Free Mult~Housing Program 91 WORKING W TH THE FIRE DEPAR27 ENT The information provided in thi~ manual, regarding fire and life safety, is intended to raise your awareness of safety issues and assist you in reco~i~.g potential problems. To supplement the information in this manual, the Riverside Fire Department ha~ video tapes available for use in employee and tenant txalning. On-going education and training is essential. As a manager or landlord, you have the ability to significantly reduce safety ha~rds by being observant and by following up on concerns forwarded to you by tenants. · Tenant Complaints Occasionally complaints are received and evaluated by the River'side Fire Del~ttuent. The first question asked is, "Have you notified your apa~uaent manager or landlord? If not, it is usually suggested they notify the manager prior to any intervention by the Riverside Fire Department If fire depa~haent intervention occurs, an inspector will first discuss the concern with the manager and perform an inspection to eval-~to the situation. If a problem exists, the inspector will then present recommended solutions to the rrtarmger and a~ee on a reasonable time frame for correction. · Manager Complaints/Landlord Complaints If the tenant is maintaining an unsafe condition, the fire depactment, when requested by the manager or landlord, will determine if intervention is called for and the type of intervention necessary. Often, as a manager or landlord, the lease may allow you the ability to act on a problem, depending on the nature of the situation. FIRE EMERGENCY GUIDES A fire emergency guide shall be provided for apam~,ent buildin~ CtJFC 1303.3.5.3) which describes the location, function, and use of all fire protect/on equipment accessible to the tenants. This includes how to activate a fire alarm system, how to maintain single station smoke detectors in the apartments, and how to use fire extinguishers. The guide shall also include an emexgencs, evacuation plan for each dwelling unit. A copy of the emergency guide shall be give to each tenant prior to occupancy. Rivers~e Crime Free MultgHo~$ing Prog~m r · An apartment safety checklist is available from the fire deparunent to supplement the guide. (See page 94.) COMMUNITY SAFETY COMMITTEE A safety committee may be formed to provide management with additional input into developing fire evacuation plans, fire safety, and other safety matters. The committee may also solicit and receive notification of safety concerns from tenants. If requested, the fire department will gladly provide assistance with training safety committees. Fire and life safety video tapes are available through Riverside Fire Department. For employee and tenant training needs, videos are loaned flee of charge. Information may be obtained by calling 782-5321. COMMUNITY NEWSLETTER A newsletter may be helpful in keeping tenants informed of important issues within the complex. Fire safety information on topics pertinent to apartment fire safety may be included. The fire depa~ient has information which may be printed in your newsletter. CONDUCTING PR OPER TY INSPECTIONS If you conduct property inspections as outlined in the Riverside Police Department Landlord Training Manual, fire safety cheeks can easily be included during your inspection. Since an unsafe condition in a tenant's apartment can affect other tenants, it is crucial the condition be corrected. Questions about specific problems can be addressed by contacting the Riverside Fire Department at 782-5321. Riverside Crime F~ee Mu~ti-Housing Program 93 True False APARTMENT CHECKLIST Smoke detectors are installed and operating properly. All exlerior doors and locking devices are in good working order so, in the event of a fire, tenants can exit quickly. Windows open easily so they could be used as an alternate exit in the event of fire. Stove vent hoods, ducts, cooking surfaces, and cabinets are flee of accumulated grease. The apartment number is properly posted. Ifa barbecue grill is used, there is a closed metal container for ash storage. All fireplace chimneys are cleaned regularly and checked for leaks by a qualified person. There are no obvious electrical problems (i.e. blackened areas around electrical plugs, badly damaged cords). There axe no excessive quantifies of flammable and/or combustible liquids stored in the alxahaents. GFI (ground fault interrupter) receptacles are functioning properly. Push the test button. The power should now be cut to the receptacle. By pushing the reset button, power is restored. GHs are typically installed in bathrooms and near kitchen sinks and may prevent shock/electrocution accidents. CORRECT ALL "FALSE "ANSgFERS TODAY LANDLORD TRAINING PROGRAM KEEPING ILLEGAL ACTIVITY OUT OF RENTAL PROPERTY A practical guide for landlords and property managers · City of San Bemardino Office of the City Adminislrator & San Bemardino Police Department Developed for the City of San Bernardino by Campbell DeLong Resources, Inc. Rrst Edition, Fd~ Printing, 1996 City of San Bernardino '~ Rental Housing Program NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield as follows: 1. The City staff is hereby directed to develop a crime-free multi-housing training program similar, but not limited to, the City of Riverside Crime-Free Multi-Housing Program and/or the City of San Bernardino Rental Housing Landlord Training Program attached hereto as Exhibits "A" and "B' and made a part hereof by this reference. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on SEPt 0 1997 _, by the following vote: AYES: NOES: ABSTAIN: ASSENT: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER ~.. COUNCILMEMBER ~ COUNCILMEMBER ~ CITY CLERK AND EX OFFICIO of the Council of the City of Bakersfield APPROVED: SEPt 0 1997 VICE-MAYOR, CITY OF BAKERSFIELD APPROVED AS TO FORM: JUDY K. SKOUSEN City Attorney CARL HERNANDEZ III Deputy City Attorney CH:cj S:~COUNCIL~RES\CRIMEFRE.RES -August 29, 1997 -- Page 2 of 2 Pages -- ORIGINAL LANDLORD TRAINING PROGRAM KEEPING ILLEGAL ACTIVITY OUT OF RENTAL PROPERTY A practical guide for landlords and property managers A community-oriented property management approach Phase I of the City of San Bemardino's: Crime Free Rental Housing Program D~velop~ for thc City of San Bemardino t~. Campbell DeLong Resources, Inc. In Partnership With: Thc City of San Bcmardino Office oftl~ City Administrator Office of tim C~ Attorney Departm~t of Police Department of Planning and Building Services First edition, fifth printing, December 1996 Various parts of this document provide broad descriptions of legal proe_e, ture. However, no imrt of this manual should be regarded as legal advice or considered a replacement of a landlord's responsibility to be famillar with the law. lf you need legal advice, seek the services of a competent attorney. Also, laws change. Information in this manual that is accurate at the time of printing may be rendered obsolete by the passage of new laws or revised judicial interpretation of existing law. This manual is intended for use with City of San Bemardino's Landlord Training Program a~l forms the basis of the first phase of the landlord certification program we ate implementing to promote, and reward. community-oriented prope~y management practices in our City. This three-phase program includes the Landlord Training _P~ogtam as the t-gst step. crime prevention property improvements in the second phase. and resident crime prevention training in the third phase. For a complete discussion of the three phases of San Bematdino's Crime Free Rental Housing Program, its origins and design, see page 75. For more information about becoming certified in the three phases of the Crime Free Rental Housing Program, contact: Crin~ Free Rental Housing Program San Bemardino Police Department 710 North D Slxeet. 1st Floor San Bemardino. CA 92401 Phone: 909-388-4830 Fax: 909-388-4841 ORIGI~'4AL ~'' FOREWORD From the Office of the City Administrator Chronic drug dealing and other illegal activity can reduce a neighborhood to a mere shell of the healthy community it once was. In our frustration, we often look only to the police or "the system" for solutions and forget that neighbors and landlords have tremendous power over the basic health of a community. To be sure, both city government and police have a critical responsibility, but we as citizens -- landlords, tenants, and homeowners-- remain the foundation that makes it all work. Citizens decide which problems require action. Typically, a city responds only after citizens recognize and report illegal activity. When a problem arises, one of the first and most important decisions is made by the affected homeowners, tenants, and landlords: ignore it, mn from it, or do something about it. Each of us plays a different role. Each bears a responsibility to keep a community strong. The most effective way to deal with drug activity and other crime on rental property is through a coordinated effort with police, landlords, and neighbors. Efforts are underway that encourage neighbors to take on more of their responsibility for preventing crime on their blocks. Efforts are underway to improve the way police address problems with drug activity in residential neighborhoods. What you can do is learn how to keep illegal activity off your property and make a commitment to removing or stopping it the moment it occurs. The intention of this manual is to help you do just that -- to help honest tenants rent from responsible landlords, while preventing those involved in illegal activity from abusing rental housing and the neighborhoods in which it stands. We know that abuses of the landlord/tenant relationship can come from both sides. We also know that most landlords want to be fair and that most tenants are good citizens. Responsible property management begins with the idea that it will benefit the whole community. If the information given herein is used responsibly, all of us -- tenants, landlords, and owner-occupants -- will enjoy safer, more stable neighborhoods. Thank you for participating in the City of San Bemardino's Landlord Training Program. Sincerely, City Administrator City of San Bemardino Copyright C) 1995 and 1996 Campbell DeLon$ Resources, Inc. and City of San Bcrnardmo. No pan of this manual may be duplicated or modified without permission. QuesUons and rcquests regardm8 usage of copyrighted materials should bc scat to both of the folloWing: Campbell DcLoug Resources, Inc. 319 SW Washington, Suite 802 Portland, Orc~on 97204 Phone: (503) 221-2005 Fax: (503) 221-454 ! Crime Free Rental Housing Program San Bemardmo Police Department 710 North D Sin:et, Ist Floor San Bemardino, CA 92401 Phone: 909-388-4830 Fax: 909-388-4841 Portions of this documcat am adapted with permission f~om the Landlord Training Program, National Program Manual, O 1993, Campbell DeLon& Resources, Inc. Portions of this document are also adapted with p~rmission from thc City of Portland, Oregon's lx~ndlord Training Program, 6th editioa, O 1994, City of Portland, Oregon, and Campboll DeLong Resources, Inc. Selection of reprinted s,~t,~rials, editorial decisions, and ~Laed text have been made by Campbell Del.,on& Resources, lac. and the City of San Beraardmo. These materials are copyrighted and may not be duplica~ or modified without permission. The l~ndlord Training Program was originally developed by Campbell DeLong Resources, Inc. under contract with the City of Portlan& Oregon, Bureau of Police, and funded by the Bureau of ~'ustice Assistant, Office of Justice Programs, U.S. Deparm~t of Justice. Points of vi~v or opinions contained wifltin ar~ those oftbe City of San Bemardino or Campbell DeLong Resources, Inc., and do not necessarily represent the official position or policies of the U.S. Department of Justice. Wc request that any crrors or significant omissions be noted and forwarded to thc authors so thnt concctions m ~uturc versions may be made. This ~ printing of the City of San Bomardino's Lan~ord Training Prog/-am manual includes updnt__ed phone numbers and addresses for A~ca POP offices, and clarification on Phase m certification p _rc~__urcs. The fourth printing included expanded discussion of mcmbership rcclUir~mcats in thc chapter that describes the Crime Free Rental Housing Program. The ~ pri~tin~ included a minor upd~t,~ in the cbap~et on Section 8 and an UlXhte in infonnalion on scrcg'flln_e Section 8 applicants. The second printing included minor changes madc in thc chapter on Crisis Resolution and in thc chapter on the Crime Free Rental Housing Program. The State of California laws that ase reprinted in the Appendix of this manual are done so with the permission of West Publishing Company, publishers of West's Cal~forma Codes: Civil Code (1995 Compact Edition) and West's Cal~forma Codes: Code of C~v~l Procedure (1995 Compact Edition). West Publishing Company can be reached al P.O. Box 64526, St. Paul, MN 55164 or by calling: (612) 687- 7000. v Certified: CDRI Original. Many manuals have been adapted from thc Landlord CAMPBgll Training Program manual, originally developed by Campbell DeLong Resources, Inc. DI~LONG Only a few have been developed directly by the original program designers to mce~ our ~ssou,c~s.,~c. slandards for quality and accuracy. The lst edition of this manual is one of the few. (Rcl~xluction of this sS. atgmem or the adjoining, logo m any document that is not directly written or adapted by Campbell DeLong Re~our~s, Inc. is expressly forbidden.) OR!GI?,JAL ~ CONTENTS SIDER ........................................................................................................ v OP,1TS TO CON ........... I pRE. PAPJ~G THE pROPERTY ................... - ...... '"'i ....................... · ............................ 1 Keep The Property Up To Habitability :~tandams ...................... 2 Keep The Property V~s~ble, Control Access ............... . ............................................. Keep It Looking Cared For ...................................................... .....4 Code Requir~mts: An Or. mew ....................... . .......... 9 APPLICANT SCREENING ................................................................................................ . ....9 Overview ................................................................... : ............................................ Applicant Seining, Civil Rights, And Fair Housing ........................................................... 10 Wrinen Tenant Criteria: What To post ................................................................................ 1 Regarding "Borderline" Applicants ...................................................................................... 16 Application Information: What To Include ........................................................................... 17 About Fe~s And ,,Application Deposits". ................................................... .................. 19 How To Verify lnformaUOn ............................................................................... . ........22 A Note About Hiring Employees ....................................................................... · 22 How To Turn Down An Applicant ......................................................................... .23 Other Screening Tips And Wanting Signs ........................................................... RENTAL AGREEMENTS .......................................... 27 Use A Current Rental Agl~m~nt ..................... 27 Month-To-Month, Or Long-Term Lea.~? ......................... 27 Elements To Emphasize .............................................................................. ' Crirm Fre~ l. zase Aoomu~,, ..................................................................... pmporty Condition Inspection .................................. 30 Key Pickup ..................................................... . ............ 31 oNGOIIq(3 MANAGEMENT ................................................................................. . ...... 32 Don't Bend your Rules Responsibilities Defm~ ............................................................................. property ~qsits ........................................................ . ......................................... 35 Utilities ................................................... 36 APARTMENT WATCH/PRoMOTING coMMUNIfY ............................................ 3'I Landlord Training Program ACKNOWLEDGMENTS The City of San Bemardino's Crime Free Rental Housing Program, for which this manual forms dae base, is a joint effort of many dedicated individuals. ,Mayor Tom Minor and the City of San Bemardino Common_Council provided the critical support to make this program happen. The effort was spearheaded by the San Bemardino City Administrator's Office, in pa~nership with the San Bemardino Police Department. the City Attorney's Office, and the Department of Planning and Building Services. The City contracted with Campbell DeLong Resources, Inc., the original program designers, to work with these agencies, and many others, to develop this manual. The original Landlord Training Program, upon which this manual is based, was developed by Campbell DeLong Resources, Inc. for the Portland Police Bureau in Oregon with funding from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. This manual adaptation has been guided by interviews and suggestions collected from a range of propen'7 managers, tenant advocates, attorneys, law enfomement officers, and city officials. We apprecia,,' the input from people we interviewed. They provided essential information that we could only have ol:v. ained from those actively trying to solve problems in the community. We received assistance from two private practice attorneys in San Bemardino: Ed Palmer and William M. Gan'eR, Jr. Assistance was also received from Marsha Siegel of Inland Counties Legal Services and John N. Martin, Judge for the Superior and Municipal Courts. The Housing Authority of the County of San Bemardino, the Inland Mediation Board. and the Fair Housing Council of San Bemardino also provided in- depth suggestions and assistance. For their willingness to review the manual as well, we thank staff at the California Apartment Associatioa and at the East Inland Empire Association of Realtors. We also thank Attorney David Brown, author of The Landlord's Law Book for his perspectives on this effort. We acknowledge the work of the SheriWs Office of the County of San Bemardino which has developed a program designed to help owners of multi-family property reduce crime. The combined effect of the work the Sheriff's office is doing in the County and the work we are doing in the City should make a substantial difference to the stability and safety of communities throughout the region. The Tucson, Arizona Police Department provided in-depth suggestions that have improved the chalXer ou Preparing the Property. The City of Mesa, Arizona has pioneered the concept of the three-phase certification program which is described in the chapter on San Bernardino's Crime Free Rental Housing Program. The City of Milwaukee, Wisconsin, Department of Building Inspection has provided a valuable opportunity to test and improve many of the concepts described in this manual and provided impoC~ant background information for the housing code discussion in this manual. The City of Oakland, through its Police Department's Beat Health Unit, has been a pioneer in developing a model for the program in California. We gratefully acknowledge the contributions of the many individuals who were interviewed during development of this project. And most of all we thank the residents and property owners of the City of San Bemardino who are willing to take up the challenge to work with us to help make our City the healthy, more prosperous community that we all desire. ii Landlord Tra~ng Pro~ 0~.~, .AL POINTS TO CONSIDER Communi~. .oriented properO' management is also good business. Landlords and property managers who apply the active property management principles presented in this manual, and in the T~ccompanying training, have consistently seen improvements in the quality of their rental business. Applying the information presented in this training can result in sigaificant benefits to each of the three interest groups in a residential neighborhood: Whole communities can become safer, residents can enjoy beuer housing, and landlords can enjoy greater business success. Here's how it works: Costs Of Drug Activity In Rentals When drag criminals operate out of rental property, neighborhoods suffer and landlords pay a high price. That price may include: 1. Declines in property values -- particularly when the activity begins affecting the reputation of the neighborhood. 2. Property damage arising from abuse, reudiation, or neglect. 3. 'Toxic contamination and/or fire resulting from manufacturing or grow operations. 4. Civil penalties, including loss of property use for up to one year, and property damage resulting from police raids. S. Loss of rent during the eviction and repair periods. 6. The fear and frustration of dealing with dangerous tenants. 7. Increased resentment and anger between neighbom and property managers. Benefits Of Active Management tive management can prevent much of the rental-based drag crime occurring today. Developing an A~:tive management style requires a commitment to establishing a new approach. Landlords and managers interviewed for this program, who have made the switch to more active managemenL consislenfly report these rewards: Landlord Training Program 1, A stable, more satisfied tenant base. 2, Increased demand for rental units -- particularly for multi-family units that have a reputation fo~ active management. 3. Lower maintenance and repair costs. 4. Improved property values. $. Improved personal safety for tenants, landlords, and managers. 6. The peace of mind that comes from spending more time on routine management and less on crisis control. 7. Appreciative neighbors. ORigINAL Key Elements ...................................................................................................................... 3,8 WARNIN~ sIGNS OF DRU~ ACTIVITY .................................................................................. 43 The Drugs ........................................................................................................................... 43 W~ing Si~s In Resid~nti~ ~o~y ................................................................................. 45 ~ YOU DISCOVE~ A C~~ L~ ............................................................................5 I ~ D~: Tox~ C~ ~ Unp~ble ~i~ti~ ........................................................ 5 I ~t To ~ ffY~ ~ A ~b ............................................................................................. ~2 "Y~. But...". ........................................................................................................................ ~3 CRISIS ~OL~ON ................................................................................................................ ~ ~n't W~t ~ Act ~iately ........................................................................................... 3~ %e S<mt to G~. ~w Cost ~g~ Help ........................................................................... ~6 ~ F~ E~ ............................................................................................................. ~6 How % Se~e ~e ~iti~ Notice ......................................................................................... 59 ~¢ Unla~l ~mner ~ess ............................................................................................ ~ ff A N~$~ ~ ~ T~t ~ W~ A C~ ........................................................... 62 ~ ROLE OF ~ ~LICE ................................................................ 69 ~fmMg ~e Roles: ~dlo~ ~d Po~ ........................................................................... 69 ~at To Ex~ .................................................................................................................. 70 T~ ~t ~ M~fi-F~y ~ .................................................................... 71 C~u~ ~t ~ F~ ~ .................................................................... 71 ~ SE~ON 8 PROG~ ..................................................................................................... 73 So~ BenefiB ..................................................................................................................... 73 So~ Mi<o~pfions .......................................................................................................... 73 ~O~ ~ C~ OF S~ BECk,O'S C~ ~ ~ HOUS~G PR~ ........................................................................ 7~ "~ B:" ~D Minimum R~u~nu ........................................................................ 77 "~ ~:" R~i~nt Cfi~ ~venfion T~ing R~u~men~ ............................................ 79 MMn~ning ~ Mem~hip: %e Hne ~nt ............................................................... 82 ~PE~ ............................................................... : .................................................................. 83 Ren~ Housing ~iations ~d Relat~ Org~i~fions ...................................................... 83 Reference Matefi~s ............................................................................................................. 84 Scmen~g Se~ices ............................................................................................................... 8~ Police Tmsp~s Enfo<ement Info~afi~ ............................................................................ 85 ~ws ~d OMM~ces ......................................................................................................... 87 or~.~ rainin$ P~am PREPARING THE PROPERTY Make the environment part of the solomon. AOVICE WE WERE GIVEN: "Drug people don't like to be seen. They can set up anywhere, but the farther they are from the manager's off]ce, or the more hidden the house is from view, the better they like it." -- Police officer. '~Drug dealing is not a spectator sport." ~ author unknown. This manual is intended as a guide to community.oriented property managemet~ It should not be regarded as legai advice. If you need legal advice, contact a t~!!_mt landlord/tenant 0 City of San Bcmatdino PREPARING THE PROPERTY Mak~ the environment part of the solution. The information prouided in this chapter is also the basis for the recommended property modifications in phase il of San Bernardino' s Crime Free Rental Housing Program. This chapter describes the general application of crime prevention through environmental design in rental property. For a review of the specific certification requirements of "Phase II," see the discussion on page 77. The Basics Make sure the aesthetic and physical nature of the prope~t is attractive to honest renters and unatWactive to dishonest ones. Keep The Property Up To Habitability Standards Maintaining housing standards is important to the public welfare and it protects against neighlx~houd decay. In addition, a substandard rental unit is mo~ ILkely to attract problem tenants -- it announces to potential criminals that the landlord's standards are Iow and that inappropriate tenant behavior is likely to be overlooked. Also, eviction of a knowledgeable problem tenant from a poorly maintained unit can be bo~h time consuming and expensive. Landlord/tenant laws generally protect tenants f~om retaliation if the tenant complains that the landlord has not complied with minimum housing standards. If a landlord attempts to evict a problem tenant from a substandard unit, a court may be confronted with having to weigh the behavior of a problem tenant against that of a problem landlord. So in effect, landlords who fail to meet thei~ ~slx~nsibillties under the law may t'md that they have compromised their rights under the law as well. Befor~ renting your property, make sure it mee~ applicable San Bernardino maintenance code standards, the habitability r~quirements of California landlord/tenant law, and -- if you r~nt to Section 8 tenants -- the U.S. Department of Housing and Urban Development (HUD) standards for "decent, safe, and sanitary" housing. A good general discussion of code requitemen~ can be found in this chapter, starting on page 4. For more detail, see Municipal Code 15.24 and California Civil Code 1941.1 in the Appendix. Landlord Training Program pREPARING THE PRObiTY I City of San Bernatdmo Kccp The Property Visible, Control Access Thc: following a~e some recommended "first steps" for making "CPTED" changes to rental property. Taken alone, few of the following elements will have a significant impact. Taken together, they will stop some operators from wanting to move into the property, and will make it easier for neighbors (or surveillance teams) te-obsetwe and document illegal activity should it sta~ up. Initial steps include: · Use lighting to its best advantage. Install photosensitive lighting over all entrances. Buyers, sellers, and manufacturers of illegal drags don't like to be seen. At minimum, the front door, back door, and other outside entrance points should be equipped with energy-efficient flood lighting that is either motion or light sensitive -- made to go on for a few minutes when a person approaches or to go on at sunset and stay on till dawn. Backyards and other areas should also be illuminated as appropriate. While lights should illuminate the entrances and surrounding grounds, they should not shine harshly into windows -- either yours or the next-door neighbor's. Be sure applicants understand that the lighting is part of the cost of renting -- that it must be left on. In apartment complexes make sure that all walkways, activity areas, and parking lots are well lighted, especially along the property perimeter. Covered parking areas should have lighting installed under the canopy. All fixtures should be of vandal-resistant design. Landscape planning should take into account how future plant growth will impact lighting patterns. · Make sure fences can be seen through. If you install fencing, wrought iron types are best because they limit access without also offering a place to hide. They also do not provide an easy surface for graffiti. Wood fencing can also be used effectively, provided wide gaps are left between the boards. In some cases you might also consider a Iowe~ fence height -- for example, four feet high instead of six. Consider replacing, or mndifTing, wood fences that have minimal gaps between boards. Keep hedges ~immed low. · Keep bushes around windows and doorways well trimmed. Bushes should not impair the view of entrances and windows. Tree brancbes should also be uimmed up from the g~ound so as to discourage the possibility of a person hiding. · Post the address elen~ty. Only the drug operator will benefit if the address is difficult to read from the street. When address numbers ate faded, hidden by shrubs, not illuminated at night, or simply falling off, neighbors will have one mom hurdle to cross before reporting activity and police will have more diffic~ty finding the unit when called. Large apartment complexes should have a permanent map of the complex, including a "you are here" point of reference, at each driveway entrance. These maps should be clearly visible in all weather and well lighted. If the complex consists of multiple buildings, make sure building numbers can be read easily from any adjacent parking area, both day and night. Also, make sure that rental units a~ numbered in a logical and consistent manner to make it possible for officers to locate the unit as rapidly as possible if called to it. · Control traffic flow and access. In I~rger complexes, control access points to deter pedes~an passersby from entering the property. Then do the same for automobile traffic. People involved in drag activity prefer "drive through" parking lots -- those with multiple exits. Consider blocking some pa~ing exits, adding fencing, and rerouting waffic so all automobile and foot traffic, coming and going, must pass the same point -- within view of the manager's office. P~£PAR~NG mE Landlord Training Program City o( San Bcmardino "CPTED" Defined Cdme Prevention Through Environmental Design, known as CPTED (pronounced "Sep Ted"), is a field of knowledge developed in response to research demonstrating that the architecture of some buildings deters crime while th._at of others encourages it. These concepts were Lighting, laru~caping, and originally designed to help reduce crime to a property (e.g., a burglar bu~ldingdetign~ho~ddgombin~ breaking in). They are now known also to help prevent crime from a to create an enViron/nent ~htre property (e.g. drag dealing, drag manufacturing, illegal gang activity). ~sentially. it is importam that lighting, landscaping, and building design combine to create an environment where drug dealers, burglars, and other criminals don't feel comfortable. Basic steps include making it difficult to break in, closing off likely escape routes, and making sure public areas can be easily observed by nearby people as they go about their normal activity. The four basic elements of CTTED:~ · Natural Surveillance. The ability to look into and out of your property. Crime is less likely to happen if criminals feel they will he observed. Examples: Keep shrubs trimmed, so they don't block the view of windows or porches. Install glass peepholes so children and adults can see who is at the door before they open it. Prune tree branches that hang below six' feet. Install Iow-energy-usage outdoor lighting along the paths. Install motion-activated lights in private areas such as driveways. Keep drapes or blinds open during the day; leave porch lights on at night. · Access Control. Controlling entry and exit. Crime is less likely to happen if the criminal feels it will be hard to get in or that escape routes are blocked. Ranges from as simple as a chain across the driving path to a 24-hoot guard station or remote-activated gate. Applies to individual apartments too: deadbolt locks, security pins in windows and sliding-glass doors. In high rise apartments, the "buzzer" for opening the front door from inside an apartment is an access control device. · Territoriality. Making a psychological impression that someone cares about the property and will engage in its defense. Conveying territoriality is accomplished by posting signs, general cleanliness, high maintenance standards, arid residents who politely question slrangers. Signs that tell visitors to "report to the manager," define rules of conduct, warn against trespassing, or merely announce neighborhood boundaries ate all part of asserting tenitoriality. In other examples, cleaning off graffiti the very next day or painting a mural on a blank wall both send a message that minor crime won't be overlooked- · Activity Support. Increasing the presence of law-abiding citizens can decrease the opportunities for criminals. Neighborhood features that ate not used for legitimate activities are magne~ for illegal activities. Organizing events or improving public services in parks and school yards, holding outdoor gatherings on hot summer nights, and accommodating bicycles, joggers, and fitness walkers are all examples. How these concepts arc best applied in a given property depends on many factors, including the existing landscaping, building architecture, availability of resident managers, management practices, presence of security personnel, desires of law abiding residents, and more. · City of San 8~cn~chno that thc interior and exterior of a building, and its landscape, a~c kept in a good state of repair as a service to ail citizens. The following is a general summary of the mmntcnance requirements in residential property of ail types. Exterior Requirements · Yards landscaped, watered, and maintained. Except for improved surfaces such as walks and driveways, yards generally should be landscaped with such typical features as trees, shrubs, ground cover, decorative rock, redwood bas'k, or lawns. Plantings should be cared for: watered, pruned, ~mmed, or mowed. No overgrown or dead vegetation, particularly dried weeds, sage brush and other inflammable material. · Property free of trash, debris, junk, indoor furniture., and machaklery. Prevent accumuhtion of these materials on porches, balconies, decks, and in yards. The complete code also prohibits lumber, pacing boxes, junk, salvage materials, appliances .... and "any other personal property causing an unsightly appearance or nuisance." · Vehicles operable and parked appropriately. Park recreational vehicles, motor homes, trailers, campers, boats, and other working vehicles in a garage, under a caq~or~ or on an improved surface. People are not allowed to live in any of the vehicles. No inoperable vehicles or parts of vehicles unless enclosed in a garage. · Exterior su~aces of all structures and impcovements painted/pr~erved and maintained, Watch for missing or defective siding, soffits, or facia boards; peeling painL cracking stucco/cement and loose or rusted nails. No graffiti anywhere. · Wnlkways, driveways, and other improved surfaces safe. For example, watch for broken, cracked, or missing concrete and for other trip hnTnrds. · Garages maintained. Doors operational, and the exterior paint, siding, ruotrmg, and windows in geed repair. · Pests exterminated. No infestations of termites, insects, vermin, or rodents. · Proper connection of u~iittes. Sewage system, water, phone, and electric connections should all meet the code requirements under which they were installed and any retroactive codas. · Pools securely fe.n__e~d and adequately maintained. Pools should have a unbroken four-foot fence and be properly maintained, in accordance with Chapter 15.48 of Monicipai Code. · Enough garbage receptacles. Appropriate receptacles in good condition are to be provided by the landlord in adequate number so that n~bbish does not overflow between pick ups. · Roofing tight and weatherproof, No loose or missing shingles. No loose or missing rolled root'mg. Valleys that channel water should be particularly well maintained. · Gutters and downspouts in working order, Watch for deterioration, disconnection, rust, and boles. Note that built-in gutters should be particularly well maintained to avoid damage to the surrounding structure. Make sure downspouts direct water away from foundations, unless they am connected to receivers. ~,~ ~ ~'~.~c Landlord Training Program pR£PAFUN~ THE pI~Oi~qTY ~ City of San Bcmardtno ~ ,..-,~ - If more control is needed, issue parking permits to tenants. Post signs forbidding cars without permits to use the lot. Towing companies that specialize in this type of business can provide you with signs, usually for a nominal setup fee. Depending on the availability of street parking for guests, either deny guest parking altogether or limit it to specific spaces. Be consistent in having violators towed away. Remember, it is your parking lot, not a public one. Before building, design for a strong sense of community. Each of the other steps described in this section should be integrated into building plans to help design a safer rental unit from the start. In addition, for apartment complexes in particular, building plans should include design elements that will help foster a sense of community. Recreational areas and other community facilities can help encourage neighbors to become acquainted. Building layouts should nurture more personalized, neighborhood environments over those that may reinforce feelings of isolation and separation from the g~ Keep It Looking Cared For Housing that looks cared for will not only attract good tenants -- it will also discourage many who are involved in illegal activity. Changes that help communicate "safe, quieL and clean" may further protect the premises from those who want a place where chronic problem activity might he tolerated. While these approaches ate useful in any type of rental, because of the day-to-day control that apamnent owners have over the common areas of their property, the following approaches can make a particularly sUong difference in multi-family complexes: Remove graffiti fast. Graffiti may be the random work of a juvenile delinquent, or the work of a gang member marking territo~. Regardless, it serves as an invitation for more pwblems and it can demoralize and intimidate a neighborhood. If you believe graffiti may be gang related, call the poli.ce. Then remove it or paint it over. Remove it again if it reappears -- do not let it become an eyesore. The City of San Bemardino's graffiti hotline is (909) 384-5250. Repair vandalism. As with graffiti, an important part of discouraging vandalism is to repair the problem fast. ffthe vandalism appears to be directed against you or your tenants, the police should he advised immediately and additional approaches discussed to addressing the sim,,t!on. Keep the exterior looking dean and gkesh. Fresh paint, well-tended ganden strips, and litter-flee grounds help communicate that the property is maintained by someone who cares about what happens Code Requirements: An Overview Chapter 15.24 of the Municipal Code of San Bemardino sets standards for interior and exterior building' maintenance, In addition, California Civil Code 1941 describes basic standards to be met to ensure a dwelling is tenantable. Other pans of City and State code address fire h~-~rds, building security, zoning, construction requirements, plumbing and electrical installation. The overall intent of the codes is to ensure 4 PREPARING THE PROPERTY Landlord Tra~g Program ORiGinAL .-- ~ City of S~n Bcrn~dino Safe, operable electrical system, All outlets and fixtures in good worldng condition. No missing or defective coverplates. No extension cords substituting for permanent wiring. Fuse box not overused, and currents not overloaded. Functional, safe heating system. All duct work properly connected. Duct register covers in place and secure. Vent pipes properly installed and in good condition. Furnace filters cleaned regularly. Chimney in goTxt condition. Space heaters properly installed with appropriate clearance to combustible material. Smoke detectors operable and properly lnslalled. In dwelling units, smoke detectors are required in the hallway or room which provides access to bedrooms and above the stairways on each floor. i Permits Required While a lot of basic maintenance can be performed without a permit, in cerlain instances permits a~ required. If you need a permit, contact the Planning and Building Services Department. Permics a~ r~luired to do the types of work described below: · Eleetrical. All eleclricai work, with the exception of changing fuses or coverplates, must be performed under permit. · Plumbing. A permit is required for fixture replacement, including water heaters and any addition or alteration of a plumbing system. A permit is not required for repair of faucets or for unclogging traps and drains. · ConsU'uction. All structural work must be done under a permit, including replacing stairs or porches. A permit is also required for installing interior drywall, replacing windows, rebuilding chimneys, altering interior partition walls, installing exterior siding, changing a heating system, installing a fence, or re-roofing. landlord Tminin8 Pro$ram PREPARING THE PRC)~RTY 7 Cily of San Bcm~dmo Chhnneys in good repair. No cracks, broken caps, missing mortar or bricks. Masonry and foundation walls solid. Watch for loose or missing mortar, bricks, or blocks; cracks or bows in foundation walls; or evidence of water damage. Sate perches a~d attachments. Watch for defective or missing boards in the perch floor or skirting; defective or missing step treads, risers, or step stringers; defective or missing handrails, balusters, or guardrails. Handrails installed to code. Handrails a~e required on all stairs of mom than three risers. If the stairs are open, handrails should be installed on both sides. Inst~ll the handrail between 34 and 38 inches above the nosing of the step tread. When replacing balusters that support handrails or guardrails, they should be closely enough spaced to prevent an object greater than 4 inches in diameter from passing between them. Guardralls installed to code. In one- and two-family properties, guardrails must be 36 inches high. On other residential buildings, they must be 42 inches high. Guardrails are required on stab'ways, perches, balconies and other walking surfaces which are more than 30" above adjacent floor or grade. Windows and doors solid and weathertight. Watch for defective sashes, missing window putty, loose or defective door and window hardwa~ (e.g., locks, latches, door knobs, hinges), defective door ami window casings, broken windows, defective or missing storms and screens. Bedrooms must have at least one window or door -- openable from the inside -- that is big enough for emergency escape. Building Interiors · Maintained in good repair and safe, sanitary conditions. The interiors of all stnictures on the property, both existing and new, and all parts of structures, should be in conformance with the tmilding code under which they were built and any retroactive codes. · Wails and ceilings solid. Watch for defective, crumbling plaster, and peeling paint. · Floors sale and in good relmir. Watch for defective floor coverings, floorboards, and missing or defective haseboatde. Required doors installed and WOrklne_, DOORS ~ door hardware should be in appropriate working condition. Exit doors may not be blocked or obstructed and double cylinder deadbolt locks on exit dooRS are prohibited. Essentially, a person must be able to leave any room, and any dwelling, without the use of keys, tools, or special knowledge. · Sale stairways. Step treads and stringers in good condition. As with exterior stairs, handrails are required for stairways with more than three riseRS. · Working, sanitary plumbing. Faucets, pipes, and drains should not leak. Drains should not be clogged, and all futtures should be securely mounted and operational. 6 PREPARING THE PROPERTY APPLICANT SCREENING "An ounce of prevention..." (Note: some "complaints" contain inaccurate or incomplete assumptions about legal r~ght$ or procedure.) COMPLAINTS WE HAVE HEARD: "People say you should screen your tenants. You can't. The appUcants lie about their previous landlord ~ they give you a fake address and the phone number of their brother. You call up the brother, he plays along and you never discover they were evicted at the last two houses they rented." '~ thougJtt ! was t~lllno, thep~ la/Idlord altd it was the appli~n~'s parents -- and the parents play6tfalon~ It~uded u~p in eviction, some months later:' '~Ve can't screen tenahts worth 8nythhlg. ffyo~ don't do it ri~.. t, you could be sued ' for discHm?ation. S~o you '~ehi~t to see igtbe~ have ii~ome and that's it." ~ '+ ...... :: ?"~,DVICE WEWERE GIVEN: "I went to a me,ting for landlords about these is~aes. I was surprised most neonle in therO°~cou]dntt 6nderstom]'wh~'they Were~'etfln~ .bad.~ tenant~ ..... ~-.~:25 -~ o~. fal~i.,;~4~,~ laws. Some believe ~ey ca~ ~screen If landlords establish a fair and leSai _~_~.___u,,~' ~k,~ ~lthave a very ~zon~ case asaiust dlscrmunauon mw~u]~- This manual is intended as a guide to community-oriented property management. It should not be regarded as legal advice. If you need legal advice, contact a skilled landlord/tenant attorney. Ci~, of San Bernardmo 8 PREPARING THE PROPERTY ORIGI~-!AL APPLICANT SCREENING "An ounce of prevention..." MOREADVICE WE WERE GIVEN: "Most landlords, even some 'pros,' are still practicing the old way of doing things -- they take a social security number, make one phone call, and rent to the person. Then they wonder whet= the problems ate coming from. Well, the old methods don't work anymore." 'Tve just quit relying on character judgment. For managing rental property, it doesn't work. I have a set application process, writ~n down. Applicants must meet all the criteria. If they do, I rent to them. If they don% I don't. It is simple, legal, and fair. At this point, every one of my properties has good people in it." "When I call previous landlords to verify an applicant's record, most are surprised to get a screening call from another landlord -- apparently it happens too rarely." I The Basics Attract hone.g tenants, while discouraging dishonest applicants from applying. Have a backup system to help discover if a dishonest person has applied. Use a process that is legal, simple, and fair. Overview process that will attract evety good applicant, while discouraging -- or mscovenng -- every pwm m applicant. The two basic elements to effective screening: 1. lE~our~e serf-screcning. Set up situations that discourage those who are dishonest from applying. Every drag dealer who chooses not to apply is one more you don't have to investigate. 2. Uncover past behavior. More often than not, a thorough background check will reveal poor references, an inconsistent credit rating, or falsehoods recorded on the application. The goal is to weed out applicants planning illegal behavior as early as possible. It will save you time, money, and all the entanglements of getting into a legal contract with people who may damage your property and harm the neighborhood. Landlord Training Program APPLICANT SCREENING ._ ~ Ci[y ol' S.m Bcma~d~no · You may have a rule that requires all applicants to show a photo I.D., and you could turn down applicants who cannot produce a photo I.D. The practice becomes illegal when you apply the rule inconsistently -- requiring I.D. from people of one class but not frnm those of another. · You could give a document to all applicants that outlines rules of the unit and warns against seUiag drugs on the property. The practice becomes illegal when you hand it to applicants of one class, but not of another. Should you develop such a document, also make sure the wording used does not discourage members of a protected class from applying. * You could refuse to rent to anyone who lies to you during the application process or provides false information on the application. This is both legal and highly appropriate. There is nothing illegal about setting fair criteria and holding all applicants to the same s~ndards. By the consistent use of such guidelines you can retain full and appropriate conuol over who lives in your rental umts and who does noL F~nally, as you study the letter of the law, keep its spirit in mind as well. The sooner we remove the types of discrimination that weaken our communities, the sooner we can build a stronger, more equitable society. Written Tenant Criteria: What To Post Many of thc attorneys and legislative authorities intetwicwed for this program recommend developing written rental criteria and posting a copy of those criteria in your rental office. If you do not have a rental office that all applicants visiL they suggest attaching a copy of the criteria to eveo] application you give out. If you are going to use wriUen criteria, remember to have applicants read the document. Posting information alone is of limited prevention value unless applicants know it is there. The following is intended as a "generic" example of information a manager might post and dh'oct each applicant to mad. The intent is to encourage event honest tenant to apply, while providing dishonest applicants with an early incentive to seek housing elsewhere. Ever7 chug dealer who doesn't apply is ese more you don't have to deal with. By itself this information will scare off only a few people involved in illegal activity. Most have heard tough talk before. Many expect landlords to he too interested in collecting rent to care about applicant screening. It is important to follow through in word and action m continually reinforce the point that you enjoy helping honest tenants find good housing by carefully screening all applicants, and then actually screen them. While we have atlempted to make sure the following section adheres to both Federal and California law, there may be criteria listed that do not meet the requirements of some local civil rights laws. Further, complying with federal and local civil rights laws involves much more than the lang-nge used in the applicant sc~ening process. If you are not familiar with your fair housing responsibilities, seek information from a local rental housing association or from an atlorney who specializes in the subject. Landlord Training Program City of San Bcrnardino Also, the following is only an example intended to show various D'pes of rules that might be set. You should adjust the criteria as appropriate for your own needs. Whatever criteria you set, have them reviewed by an attorney familiar with current landlord/tenant issues before you post them. Introduction Here it is important to "set the tone" for your applicants -- make sure that good applicants want to apply and that bad applicants may begin to think twice. Here's one approach: We are working with neighbors and other landlords in this area to maintain the quality of the neighborhood. We want to make sure that people do not use rental units for illegal activity. To that end, we have a thorough screening process. If you meet the application criteria and are accepted, you will have the peace of mind of knowing that other renters in this area [apartment complex] are being screened with equal care, and as a result, there may be a reduced risk of illegal activity occurring in the area. Please review our list of criteria. If you feel you meet the criteria, please apply. Please note that we provide equal housing opportunity: we do not discrim~ate on the basis of race, color, religion, sex. handicap, ncifional origin, familial status, ancestry, age, marital status, sexual orientation or other factors that are unrelated to legitimate business concerns. Screening Criterfa A complete application. One for each adult (18 years of age or older), if a line isn't filled in, or the omission explained satisfactorily, we will return it to you. This criterion helps to make sure that every application has enough information for you to make an informed decision. One of the simpler methods for hiding one's financial history is to "forget" to fill.in one's social security number or date of birth on the application form. Without a name, social security number, and date of birth, c~eclit checks cannot be run. To the person contemplating illegal activity, this requbement will communicate a very basic message-- that you will actually screen your applicants. That message alone will mm away some. This rule also allows you to receive an application from each roommate and not just the one with the good rental history. People involved in illegal aclivity may have friends and mommams who s611 have clean credit or a good rental history. The obvious approach for such people is to have the person with the good rental history apply and then follow that person into the unit. You have a right to know who is planning to live in the unit, so t~xluire an application and verify the information for each person. v' Two pieces of I.D. must be shown. We require a photo I.D. (a driver's license or other government issued photo identification card) and a second piece of I.D. as well. Present with completed application. This is a simple and effective rule. Note that the second piece of identification does not have to be very "official" -- generally, a credit card, student ID card, or many other types of cards will do, A person who carries false identification may not have two pieces of false I.D. with the sane name on it. APPLICANT SCREENING Landlor~Training Pro,am ORIGINAL City of S~n B¢~n~dmo Rental histo~ verifiable from unbla~d Sources. If you ore relatecl Dy blood or ma~Qge to one of ~e previou~ Iondlords ~t~. or your rental hi~to~ d~s not Incl~e at ~ ~o pre~ou~ landlords, we will require: a qualified c~signer on your rental ogree~nt (q~ll~ co- Ughers m~t meet all applicant ~creening criteria) or on oddi~onal ~u~ deem of ~ amount. It is your respon~biil~ to provide us wl~ the information n~e~ to conl~t your ~ landlord. We rese~e ~e ~ght to deny y~r applic~on if. a~er mo~nG a g~ fa~ e~, we ~e u~ble to ved~ y~r rental histo~. If you own~ ~ r~er ~n rente~ ~ y~r previ~ home. you ~l ~d to ~ml~ modgage c~ny refere~es a~ pr~f of ~e o~ers~ip or ~sfer. V~ions of ~is ~le have ~n ~ by m~y I~dlords to ~ss ~e issue of mnt~g to ~o~ ~o ~ ~ have a ~n~ histo~ or ~o~ who say "I I~t mn~ from my ~er (or fa~er, aunL or ~E)." ~is ~ it h~er for a dishonest applic~t to avoid ~e co~ of p~t ~legfl ~M~ ~ ~ Ioy~ relives ~y ~y a ~lafion is ~li~le, ~ey ~t ~ ~ a~ut ~si~g if ~y ~ ~ ~n't ~e. However, ~m~r ~at ~y ~ ~plic~ ~ve ~n~ p~do~ly ~m a relive. ~ ~ is ~ m t~ away ~le who ~nt ~om ~l~ves. It is to ~e su~ ~a~ ~ y~ ~ve ~ ti o~r ~pli~, you have a ~ for v~i~g p~t ~n~ ~havinr. ~g ~l~v~ to ~si~ is ~ ~1 ~p~h to do just that. ff ~u~g a c~si~er ~ ~wieldy for your ~ of ~n~, y~ ~y w~t to offer a d~e~t option: ~u~ ~fion~ p~-p~d ~nt or ~ty de.sit ~m ~ple who don't have a retie ~ ~sto~. ~ ei~r ~ (~g c~si~e~ or ~ifion~ &~si~), it ~ ~mnfly f~ ~ =m~" ~ ~nt ~er a s~ifi~ ~d~ of fi~; For ex.pie, o~ a ~n~t hM mn~ ~m y~ f~ a y~, y~ ~ow ~k cu~nt ~n~ ~ha~or ~11 ~d should ~ ~le w ~1~ ~ c~si~t or m~d ~ ~ifionfl de.sit. Sufficient Income/resources. If your gross monthly Income, before taxes, is le~ then X times fine monthly rent, we will require a qualified co-signer on your rental agreement (or on additional deposit of ~ amount). If your Income is les~ than X-Y times the rnonthly rent, your application will be denied. We must be able to verify independently rne amount and stability of your Incor~o. (For example: through pay stubs, employer/source contact, or tax records, if self-employed: business Iioonse, tax records, bank records, or a list of client references.) For Section 8 applicants, the amount of assistance will be considered part of your monthly Income for puq:x:~es of tho calculation. The specific rent-to-income multipliers selected ate up to the landlozd, with this caution: In California. case law suggests that a landlord/~ allowed to set an income requL.~ment thai is as high as Ihree 6a~es the renL However. whelher or not higher multipliers ate permitted has not been decided. It is eecommende(L therefore, ~hat landlords who wish to set stiffer income ~uitements than three times the ranL seek legal guidance before doing so. Note, as well, that some landlords screen based on what bankers call a "debt to income ratio" instead of measuring simple income amount. With this alternate method, an applicant with a large debt tauden could be denied while another applicant, with the same income, but fewer credit obligations, could be accepted. Also, you can, and should, verify self-employment. Drag dealers may describe ~emselves as serf- employed on the assumption that you will have to take their word as verification. Some will be unprepared to supply tax returns, a copy of a business license, or other verification. It may also be appropriate to remove income requirements for Section 8 applicants since your local Public Housing Agency (PHA) will have already determined the amount of subsidy based on ability to pay. Note also that some landlords include a condition for those applicants who do not have a regular monthly ~ SC.qEEN~ 13 Landlord Training Program City of San Bcmardino For the following steps to be most effective, it is just as ~mportant that applicants actually read and understand the rules and the process as it is that you implement the process in the first place. Implementing elements of the following suggestions may help protect yourself legally. Making sure that an applicant knows your commitment to the process may help prevent problems before they have a chance to grow. Also, a word of caution: If you are looking for a one-step solution, you won't find it here. There are no "magic" phone nurffOers you can call to get perfect information about applicants and their backgrounds. Effective property management requires adopting an approach and attitude that will discourage illegal behavior, while encouraging the stabilization, and then growth, of your honest tenant base. What makes the following process so effective is not any one step, but the cumulative value of the approach. Applicant Screening, Civil Rights, And Fair Housing Landlords are sometimes confused over how much right they have to turn down applicants. A few even believe that civil rights laws require them to accept virtually any applicant. This is not the case. Civil rights laws are designed to protect the way applicants arc screened and to make sure that all qualified applicants feel equally invited to apply. Federal fair housing guidelines prohibit discrimination based on race, color, religion, sex, handicap, national origin, or familial status (presence of children). California law~ specifically adds ancestry, age,2 and manta] status. Further, California's Unmh Civil Rights Act is interpreted by courts to include "arbitrary discrimination" -- essentially discrimination based on factors that would be unrelated to the person's ability to comply with the rental agreement, so such issues as sexual orientation and source of income would generally be inappropriate screening criteria as well. Some authorities also interpret the Unruh Act as covering such as'cas as occupation and avocation (hobbies). Note also, in a related issue, California law limits the ability of a landlord to deny rental on the basis of waterbcd ownership? The purpose of these laws is to prevent discrimination on the basis of issues that axe unrelated to a person's qualifications to be a good tenant. Nothing in the law forbids you from seuing screening guidelines for issues that do relate to tenant lease compliance and applying them equally to all applicants. Keep in mind that every person belongs to these various classes -- each of us can be defined in terms of our race, colo~, sex, national origin, familial status, handicapped status, etc. So any time you deny an applicant, you have, in a sense, denied someone who belongs to a protected class. The question is whether or not you treat applicants or tenants adversely because of the class to which they belong. If the criteria you set are blind to protected class issues or other issues that are unrelated to a person's qualifications to be a good tenant, and you apply your criteria consistently, you may turn down applicants who do not measure up. The key lies in making sure your process is fair -- that it neither directly nor indirectly discriminates inappropriately. To comply, you should design a fair process and apply it consistently and equally to all applicants. The following examples are consistent with federal fair housing guidelines: California Civil Code. Section 51 "Unmh Civil Right~ Act.' Oovemmenl Code Se~ion 12955 "Rumford Act" Regnrding age discrimination, n~ Ihal som~ legally-refuel seai~ citizen housing communiues an~ exen'~t Deniil based on wnle. r~ed ix)e~se.r~on il ptohibit~l in boild~n~ co~,mc~d aft~ Ill/73. S~ Civil Co~e, Se~oo~ 1940.5 -- for details. lO APPLICANT SCREENING L,l~lo~ning ~ram City al Sari Bcrnatdmo You may also want to have exceptions for specific types of bills. For example, you r~ght wish to allow exceptions it' the only unpaid bills am for medical expenses. However. regardless of what other exceptions you define, remember that it is a very poor idea to accept tenants who have a history of not paying previous landlords- it' they didn't pay the last landlord, they may not pay you either. Poor references from previous landlords may result In denial of your application. You will be turned dawn if previous landlords report significant complaint levels of noncampllance activity such as: repeated disturbance of the neighbors' peace; reports of prostitution, drug dealing, or drug manufacturing; damage to the property beyond normal wear; reporls of violence or threats to landlords or neighbors: allowing persons not on the loose to reside on the premises; failure to give proper notice when vacating the properh/. Also, you will be turned down if a previous landlord would be disinclined to rent to you again for any reason pertaining to lease violating behavior of yourself, your pets, or others you allowed on the property during your tenancy. Ittere is an SX application deposit. If you are accepted and sign a rental agreement, the deposit will be applied to your security deposit. If you withdraw your application after we have Incurred screening expenses, we will deduct our direct, out-of-pocket screening expense, and refund any remainder. In all other cases, the deposit w~ll be refunded. Some landlords elect to charge applicants t~e direct costs of a credit check, instead of taking application deposits. Regardless, the issue is to ensure that every applicant who does apply is committed to renting the uniL That way the landlord doesn't waste time and money screening those who are not planning to Also, this requirement may discourage some people involved in illegal activity from applying~ _L-,L,c__~Jse it communicates a higher commitment to screening by the landlord. However, because policies that allow fur moneys collected with an application have been abused, it is important to make sure that the way you implement your policy is fair to your applicants. See the discussion on page IS for more on this topic. We will accept the first qualified applicant. [n the interests of ensuring that you meet the requi~ments of fair housing law, this is the best policy to set. Take applications in order, noting the d~lte and time on ~ach one. Start with the first application, ff that applic~mt meets your requirements, go no further-- offer the unit to the first applicant. This is the fairest policy you can set, ~nd it helps ~ su~ that you do not inu-oduce inappropriate re&sons for discriminating when choosing between two different, qualified applicants. Rental Agreement Some landlords post a copy of the rental agreement next to their screening requirements. Others offer a copy to all who wish to review it. The key is to make sure that each applicant is aware of the importance you place on the rental agreement. In addition, you may want to set a procedure to ensure that every applicant is aware of key elements of the agreements that limit a tenant's ability to allow others to move onto the prope~T without the landlord's permission. One approach: if you are accepted, you will be required to sign a rental agreement in which you will agree to abide by the rules of the rental unit or complex. A complete copy of our rental agreement is available for anyone who would like to review it. Land|oral Trainin8 Pr°gram APPLICANT SCREEN~'I~ i.,~ ~'~ ~,. Cily ol' San Bcrnazdmo income, but do have substantial savings on which to draw. Landlords who set such guidelines often define a minimum c~sh net worth (described as a multiple of the monthly rent) for people in this category. Section 8 Information access. Section 8 applicants must sign a consent form allowing the local Public Ho_using Agency to verify information from your file regarding your rental history. New HI.rD guidelines permit Public Housing Agencies to allow the landlord to verify certain ~pes of information in the applicant's Section 8 file. Check with your local PHA to t-md out how the guidelines are applied in your area. False Information b ground~ for denial. You will be denied rental if you misrepresent any Information on the application. If m~epresentaflons are found after a rental agreement ts signed, your rental agreement will be terminated. ffyour applicants are not honest with you, you may turn them down. It's that simple. ,/ Cdmlnal convictions for certain types of crimes will resuff In denial of your application. You will be denied rental if, in the last X years, you have had o conviction for any type of crime that would be considered o serious threat to real property or to othe~ residents' peaceful enjoyment of the premises, including the manufacture or distribution of conll'OIk~l substances. This criterion is more controversial than it may seem, because even people who have been convicted of a crime need a place to live. In some states people who have been convicted of a crime -- and served their time -- are granted limited protected class status. Also, don't use this requirement as a crutch -- many drug dealers haven't yet been convicted of a crime. In addition, few people who ate planning to use a rental for illegal activity, whether or not they have a criminal record, will have a verifiable, clean rental history. If you are performing the other recommended greening steps conscientiously, this criterion will often be unnecessary. Ceflaln court Judgments against you may result In denial of your application. If, In the last X years, you have been through a court ordered eviction, or had a Judgment against you for financial delinquency, your application will be denied. This restriction may be waived If there Is no mo~e than one Instance, the circumstances can be justified, and you provide a qualified co-signer on your rental agreement (or an additional depo~ of X amount). Although, in most cases, you may turn down applicants who have been through a recent coun-ordemt eviction, we recommend maintaining flexibility for some instances. After ail, some evictions ate deserved. It also seems inherently more fair to give people who have made a single mistake the chance to improve. Poor credit record (overdue accounts) may result In denial of your application. Crecllt records showing occasional payments within 30 to 59 days past due will be acceptable, provided you can justify the circumstances. Records showing payments past 60 days are not acceptable. If you are renting property, you are effectively making a loan of the use of your propet~y to your tenant. Banks don't loan money to people with poor credit. You don't have to loan the use of your property either. Note that the numbers of days listed here are just one example. The limits you set may be different. City ol San Bcmard~no Application Information: What To Include The best approach is to avoid rcinvention of the wheel -- contact a local legal publishing company, a renal housing association, or your own attorney for copies of appropriate forms. Examples of sources for forms are provided in the Appendix. Whether you are using application forms or rental agreements, make sure you have forms that were designed specifically for the laws that govern your area and are up-to-date with any recent changes. 1. These requirements, and others, will be on many standard forms. You should collect this information for each adults -- anyone who is 18 years of age or older -- who intents to reside in the unit: · Full name, including middle. · Dam of birth. (you'll need it for the credit check). · Driver's license/l.D, number, and state. · Social security number (you'll need it for the credit check). · Name, address, and phone number of past two landlords. · Income/employment history for the past year. Income/salary, contac~/supervisor's name, phone number, address. If self-employed, ask for copy of business license, tax returns, bank records, or client references. · Additional income -- it is only necessar/ to list income that the applicant wants included for qualification. · Credit and loan references. Auto payments, department stores, credit cards, other loans. · Bank references. Bank name, account nmnber, address, phone nuraber. · AS APPROPRIATE: Name and phone number of a relative to call in case of emergency; information about pets~ and deposit rules; other information required for application. The following question is not typically on standard forms, but could be added. If you are going to use it, make sure you include it on all application forms and not just some of them. · "In the last X years, have you, or any other person named on this application, been convicted for dealing or manufacturing illegal drugs?" (You could also ask about other types of mime that would constitute a threat to the health, safety, or welfare of other tenants or neighbors m buiT, lary, robbery, sexual assault, and child molestation am common examples.) Of course, if tbey do have a conviction, they may lie about it. However, if you discover they have lied, you have appropriate grounds for denying the application or, with the right provision in your lee.se, terminating the tenancy. Also, it is one more warning to dishonest tenants that you are serious in your resolve. h°usinS m~ ac~a~um °f °wning the d°[' °r be "*~'a I° PnY "Pet ~" m' meet ether ~u~ ~ I° ~ ~' Landlord Training Program Please read the rental agroement Carefully, as we toke each part of the agreement seriously. The agreement has been writlen to help us prevent illegal activity from disturbing the peace of our rental units and make sure that our tenants are given the best housing we can provide. Other Forms and Procedures At this point, you may want to post information, as applicable, about waiting list policies, security deposits, prepaid rent, pet deposits, check in/check out forms, smoke detector compliance, and other issues relating to rental of the unit. Regarding "Borderline" Applicants The preceziing criteria include a number of examples where exceptions am m~- in borderline case~, if the applicant can provide a co-signer. Alternately, some flexibility can ~lso be introduced by semng roles that require borderline applicants to provide larger deposits or mom prepaid rent. Introducing such flexibility to your application process can make sure, for example, that you do not turn down good applicants who have a single, justifiable problem on their credit report. Us~ of such borderline conditions can result in a more fair process for your .applicants as well. As with all aspects of managing rental housing, apply your policies for borderline applicants consistently regardless of the prolected class of the applicant. APPLICANT SCREENING How To Verify Information M'any landlords are surprised to receive calls from other landlords inquiring about the quality of a past .tenant. Apparently it doesn't happen often enough. As one landlord put it, "you can spend $100 in time and money up front or be stuck with thousands later." As another put it. "99% of these problems can be avoided through effective screening. There is no better investment you can make." ff you implement no o~er recommendations in this manual, implement these: 1. Compare the I.D, to the information given. Make sure the photo I.D. matches the applicant and the information matches that given on the application form. If the picture, address, and numbers don't match the application information, find out why m you may have cause to turn down ~e application. Unless obvious inconsistencies can be explained and verified to your sausfacuon, you don have Io rent to the applicant. 2, Have a credit report run and analyt, ed. A credit report will provide independent verification of much of the application material. You can find out about past addresses, court ordeal evictions, credit worthiness, past due bills, and other information. 'fhe reports are not foolproof, but they provide a good start. Here are your options: · Join a credit bureau directly. If you are managing a number of units and are likely to be screening multiple applicants every month, you may find it cost-effective to join a credit bureau directly and spend the time to learn how to interpret their reports. While this is an option, no~ that even some very large management companies go through associations or conU'act with applicant screening firms to gain the benefit of their outside expertise. Or: · Have a third party pull the report and offer interpretation. If you ave not screening a sufficient volume of applicants, or would like assistance in interpreting ~ reports, contact an applicant screening t'u-m or local rental housing association for assis~anne. Services vary from organization to organization and you should shop for the organization that best mee~ your needs. At one end of the spectrum are organizations that handle the entire applicant screening process for you. At the other end of the spectrum are organizations that simply pull the reposes and mail ybu a copy. There am many variations in between. Independently ident~y previous landlords. T'ne most impor, ant calls you make ate to the previous landlords. The best indicator of a tenant's f~ture behavior is his or her past behavior. To begin, verify ~ the applicant has given you accurate information: · Verify the past address through the credit check. If the addresses on the credit report and Ibc application don't match, t'md out why. If they do match, you have verification that the tenant actually lived there. · Verify ownership of the property through the tax rolls. A call to the county tax assessor of many counties will generally give you the name and address of the owner of the property that lie applicant previously rented. Unfortunately, this information is not commonly available over-tbe- phone from most counties in Southern California. You can get this public information in pe~ou from the county, or hbe a screening company to collect it for you, or in some instances, get the information from a title company or real estate broker. If the name on the tax records matches the one provided by the applicant, you have the actual landlord. If the name on the application doesn't match with tax rolls, it could still be legitimate -- sometimes tax rolls are not up to date, property has changed hands, the owner is buying the APeucA~r SCRE~F~nNG 19o.~, Landlord Training Program ~ CRy ol San Bcrnardmo About Fees And "Application Deposits" Some landlords charge an application tee to defray the cost of screening, Others require an earnest money deposit at the time of application to make sure the applicant is serious about renting the unit. While policies vary, most stipulate that it' the applicant is accepted, but chooses not to rent the apartment, the fee or deposit will not be refunded. The value of charging a fee or collecting a deposit with the application is preven~ve: ~. Fees and deposits can promote "self-screening." People who are planning illegal activity may recognize your charging a fee as further indication of your commitment to screen carefully. Further. such a policy can discourage those who plan on tilling out multiple applications, waiting to set up a drug operation with whichever landlord accepts them tint. Fees and deposits can save time. You will spend less time screening people who then decide not to rent from you. Also, with a financial con'u~tmeot involved, an applicant nfight t~e an extra few minutes to make sure every line on the application is filled in completely and accurately -- making your verification process that much easier. Your best investment of the time yon save? Spend it screening each applicant more thoroughly. Charging an earnest money deposit, or an application fee,~ is not for everyone. In addition, because landlords have occasionally abused applicant fee collection, it is important to make sure applicants are not taken advantage of. We recommend the following approach as a fair policy: Charge enongh to cover the direct out-of-pocket costs of screening an applicant, but not more (e.g., the cost of a credit cheek or the amount yon pay a screening company). Remember, the major value in charging an application fee or collecting a deposit is to make sure the applicant is committed to renting the unit-- the fee won't necessarily cover all costs you incur to screen applicants. Don't keep fees or deposits if the applicant didn't have a eh~qce to be considered. The most fair approach is to return fees or deposits to all honest applicants who were not given the opportunity to rent the unit. Return the money even d you incurred some screening costs on those applicants..ff honest applicants are required to pay a fee even when they am not offered an apartment, the cost of just t'mding honsing can become prohibitive. (While there are situations where, legally, fees or deposits may be kept even though the applicant did not become a tenant, we recommend returning all but the selected tenant's funds.) For more information about fee and deposit policies-- as well as guidance on appropriate forms to use-- contact a local property management association or an experienced landlord/tenant attorney. Some references are listed in the Appendix. For those who are running multi-family units, you may also wish to consult those same sources about a related issue --how to implement a fair waiting list policy for qualified applicants who are willing to wait for an available unit. Technically. if the mol~y oollected is & -~- il should ullimately be refunded oc apldied io ibc ~enant's ~.~ ~ (eg. ~ ~W deposiLs, e~c,); in fl~e c~se of a'fee.' ~e a~e'~' can be kelX bY Ihe landlord m ~ ~ ez~ ~ ~ ~ ~'s ~'m ~- C~y ol San Bcm~d~no information, this dnesn't necessarily mean the information is unavailable. It may only mean that the information is not available through that channel, Here are the options available in Califomia:~ County-by-count7 court record search. You may need to go directly to court records to obtain the information you need. Conviction information held in court records is typicaJly public information. The type of information you will need to provide the court to attain the criminal record will vary (e.g., name, date of birth, social security number). Your chances for getting verifiable information a~e best if you have the applicant's name, date of birth, social security number, and cun'ent address. · Private tennnt screening firms. Some private screening firms maintain their own databases, collected from county court records of criminal conviction information. The reliability of such information will depend on screening company's approach for collecting the information. · State-wide search through the Attorney General's Office. On the one hand, the oppommity to do a statew~de search is an attractive one -- ~e California Attorney General's office can provide statewide convictinn information for any name requested, however you must show proof that the applicant grants permission for the background c~ck. It's the "proof of perntission" requirement that makes the statewide criminal background check difficult: the Atlomey General's Off'ge requires submission of the applicant's fingerprints on an approved fingerprint card. While local law enforcement agencies can take the prints and provide them to you, this would obviously be a very unaihactive process to many good applicants, not to mention time consuming fol' your application process. (Note that the California Department of Justice also provides a child molester identification hndine -- a 900 number where the caller can find out whether or not a person has a history of ceftin predatory crimes. However, at press time it was not clear whether this information channel may be used legally for the screening of all applicants for rental property. A "reasonable suspicion" standard may be required for use of the information line, which would prohibit use of the hotlina for general screening. As this issue is re. searched in more depth, we will provide additional information through the Crime Free Rental Housing Program.) Another cautionary note: many attorneys advise that conviction -- but not arrest -- may be used as a basis for rejecting an applicant. PaRerns of arrest have proved to be discriminatory against protected classes and, as such, would be inappropriate to use as a screening criterion. F'mally, resist the urge to rely too heavily on this screening technique -- there are many criminals who have never been convicted of a crime. 8, Veri~ nil other information ~,--,-v-o-rding to your screentne_ ct~terin. Remember, before you call employers, banks, or other numbers listed on the application, verify the numbers through your local phone book or long distance directory assistance. property on a contract, or a management company has been hired to handle landlord responsibilities. But most of these possibilities can be vent~ed. If nothing else, a landlord who is not listed as an owner on the tax rolls should be familiar with the name of person who is listed -- so ask when you call. · If possible., cross check the ex-landlords' phone numbers out of the phone book. This will uncover th.~_~ possibility of an applicant giving the right name, but a different phone number (e.g., of a friend who will pretend to be the ex-landlord and vouch for the applicant). If the owner's number is unlisted, you will have difficulty verLfying the accuracy of the number provided ou the application. The local phone company may be willing to give you the name of the person who uses the number on the application, although in most cases they won't. Now you have verified the landlord's name, address, and perhaps even phone number. If the applicant gave you information that was intentionally false, deny the application. If the information matches, call the previous landlords. Remamber, if the applicant is currently renting somewhere else, the present landlord may have an interest in moving the tenant out and may be less inclined to speak honestly. In such an instance, your best ally is the landlord before that -- the one who is no longer involved with the tenant. Be sure you locate and talk to a past landlord with no current interest in the applicant. Have a prepared list of questions that you ask each previous landlord. Applicant verification forms -- genera~y available through rental housing associations or through legal publishing companies -- give a good indication of the basic questions to ask. You may wish to add other questions that pertain to your screening criteria. In particular, many landlords we spoke with use this question: "ff given the opportunity, would you rent to this person again?" Also, if you suspect the person is not the actual landlord, ask about various facts listed on the application that a landlord should know-- the address or unit number previously rented, the zip code of the property, the amount of rent paid. If the person is unsure, discourage requests to call you back --offer to stay on the line while the information is looked up. Get co-signers if necessary. If the applicant meets one of your deemed "~oorderline' criteria -- s~Jch as having rented from a relative previously -- and you have posted the appropriate rule, require that a co-signer apply with the applicant. Verify the credit and background of the co-signer just as you would a rental applicant. To ensure the legal strength of the co-signing agreement, you may wish to have your attorney draw up a document you can use for such purposes. Veri~ im:ome sources. Call employers and other contacts using phone numbers verified from local directory assistance. If an applicant is self-employed, get copies of bank statements, tax returns, business licenses, or a list of client references. Don't cut comers here: many drag distributors wear pagers, have cellular phones, and generally appear quite successful, but they cannot verify their income with tax returns, bank statements, or references from established clients. Consider checking for criminal convictions. The process for obtaining criminal background information will vary by county, but you do have the right to obtain such information. Outcomes of coutX proceedings are generally public record and as such can be obtained through the local cour[ system. Typically, police or sheriff's department's are not permitted to disclose information about another person's criminal background. However, if your local police tell you they cannot release 20 APPLICANT SCREENING ORIGh~AI . discrimination and you have applied your criteria consistently, then you may safely reJect applicants who do not measure up. Also. when possible, keep it simple. For example, if you are turning down an applicant simply because you accepted an earlier applicant, just say so. Or. if one look at the application indicates that the person doesn't have nearly enough income to rent the unit, don't make the applicant wait a week to fred out -- again, just say so. _ In the interests of proving you have met disclosure requirements, you may want to hand out an information sheet with the disclosure process desctibed and appropriate addresses provided. Contact a local property management association for more details, and again, check your local law for additional disclosuse requirements. Other Screening Tips And Warning Signs The following are additional tips to help you screen applicants. You should also be familiar with the warning signs described in the chap~r on Warning Signs of Drag Activity. · Consider using an ,'application interview:' Some landlords have sv~xed asking the applicant all questions in person. Keep the application form in front of you and ask the questions as you fill in the blanks. Have the applicant review the completed application, make sure it is correct, and sign it. Landlords [ who use this appwach find it has ~ advantages: First, applicants don't know which questions are coming, so it is harder to make up a siory -- something that shouldn't bother an honest applicant, but may uncover a dishonest one. Second, the landlord has the opportunity to walch responses and take menUfl notes of answers that seem suspicious. For example, honest applicants usually know their current phone number and date of bi~lh without having to look it up. Landlords who use this appwach also appreciate having the information wrillen in their own, familiar handwriting. However, olhers avoid this approach for the same reason -- you may be in a better legal position if the form is t'dled in directly by the applicant. Those who prefer to have the applicant fill in ~he form do a variation on this approach: The interview involves making sure the applicant can repeat basic information already provided on the application form without re_~lins it. For example, the landlord might ask the applicant to verify his or her full name, current phone number, date of birth, and perhaps current address -- all pieces of information that most hones~ applicants will know without having to look it up. As with all policies you set, if you decide to do application interviews, you should include a commitment to making reasonable accommodations for those who cannot comply due to status in a protected class -- e.g., a handicap that causes a speech problem, or possibly lang-ase skills associated with a particular national origin. If you choose not to use an interview approach, at minimum observe the way the application is filled out. Applicants may not remember the address of the apartment they were in two years ago, but they should know where they live now, or just came from. Generally, honest applicants can remember their last address, the name of their current landlord, and other typically "top-of-mind" facts about their life. APPLICANT SCRFa~ING Landlord Training Program A Note About Hiring Employees '1~ /F~.u r~m:~l nrnnenv nwners hire emniovees tO assist with tenant screening, routine maintenance, and IVlo"'t~e~t~s'-~s.r' ~tri-~ ~ri~ic~'l-tMt reside'ne ~nanagers and other "agents" of the landlord be screened even more thoroughly than applicants for tenancy. In general, when an employee breaks the law while on duty, both the employee and the employer can be held responsible by the party that is harmed by the action. When [he employee-violates an element of rental housing law, the liability you will hold for employee misbehavior should be rea.son enough for extra screening efforts. One screening tool that you will want to seriously consider for job applicants is a criminal conviction check, even if you don't check criminal backlp'ounds on prospective renters. Once property managers are hired, make certain they are trained in effective applicant screening, along with the warning signs of dishonest applicants. Also, be sure they understand, and follow, the requirements of fair housing laws. How To Turn Down An Applicant In general, if you have posted fair rental criteria and you screen all applicants against those criteria, you may safely reject an applicant who does not meet your guidelines. Opinions vary reganiing the amount of information that is required to be given to an applicant who is denied a rental unit. We recommend, at the minimum, following the guidelines defined by the federal guvemment in the Fair Credit Raponing Act for denial of credit. Using the process defined in the act for denial of credit, the following is a general overview of how to meet the federal disclosure requirements: · It' the rejection is based on information from a credit report, screening company, or o~her organization that you pay to provide screening information: A la~dlord is requi~d to give the name and address of the consumer reporting agency used and to inform applicants of their ability to contact the agency, correct errors, and resubmit an application for another unit in the futme. (Note: Do not show the applicant a copy of the credit report. Have applicants get a copy directly from the credit reporting agency.) Sample wording: "Based on information received from your credit report (or other paid source) you do not meet our posted rental criteria. If you have any questions, you may contact (source, nddress). If you find their information is in error, you may work with them to correct the problem and resubmit an application for another rental unit in the future." · ff the rejeclion is based on information from non-paid sources (the word of a previous landlord, for example): While you a~e not required to disclose immediately your reason for rejecting applicants in these situations, you are required to advise applicants of their right to submit, within 60 days, a written request for that information and their right to a response within a reasonable time after submitting the request. Sample wording: "Based on a check of inforrnation you provided in your application, you do not meet our posted rental criteria. If you have questions about this decision, you may submit a request in writing to (your name and address) within 60 days, and we will explain the basis for the decision." Of course, if you receive such a request, then report the reason for fuming down the applicant -- explain why the applicant does not meet your posted criteria. Again, if your screening criteria are free of illegal 22 APPLICANT SCREENING - ~- Cily ol San 8emardmo details? People who arc planning ~ honest living cal'e about their home and often show it in the way they look at the unit. Some who rent for illegal operations forget'to pretend they have the same interest. Also, if the applicant shows little interest in any of thc prope~y except the electrical service, take note -- both meth labs and marijuana ~ow operations can include rewiring efforts. Be aware that peaple involved in illegal acfivit7 may use "fronts" to gain access to your property. You may rent to someone who has an acceptable rental histov/and no record of illega~ activity, yet once that person moves in, boyfriends, girlfriends, or other acquaintances move in and begin dealing drugs and generating other crime or nuisances. In some cases, the people you thought you rented to don't move in at all --after using their good references to rent the unit, they give the key to drug dealers, for a fee. Across the nation, it is the permission given by tenants to guests and others who have not signed the rental agreement that causes the greatest degradation in the quality of life in rental housing communities -- both public and private. Warning applicants that they will be held accountable for their guests, and then enforcing such requirement with your tenants, is a cornerstone of protecting your property and the surrounding neighborhood. Make sure your tenants know that they must control their guests, and if they cannot, they should ask for help quickly. Further, most rental agreements specify that only people named on the agx-..ement are allowed to use the unit as their residence. Make sure such a stipulation is in your rental agreement and point it out to all applicants, emphasizing that having another person move in requires submitting that person's application and allowing you to check references before permission is granted. If you make it clea~ you are enforcing these roles only to prevent illegal activity, you may scare away potential drug dealers, but keep good renters feeling more protected. You may further calm con:ems of good renters if you assure them that you will no[ raise the rent because an additional person moves in. For more about this issue, see the chapter on Rental Ag~ements, beginning on page 2'/. · Consider alternate advertising methods for your property. Houses that are within a few miles of colleges or business parks may be desirable housing for students or professionals. Some landlords have found success in posting advertising at such locations, thus targeting people who already have a c~edible connection with the community. If you are going to consider such an approach, keep in mind that fair housing guidelines apply in all aspects of managing rental housing, including advertising selection. Advertising through community colleges only may be acceptable, because such colleges typically enroll a broad cross-section of I~e community. But, for example, it would be inappropriate to advertise exclusively through a church newsletter or through the newsletter of a private club whose membership is not representative of the g~eater community. Such approaches could set up patterns of inappropriate discrimination. Either expand your media selection or change it altogether to make sure you are reaching a fair cross-section of the public. · Consider driving by the tenant's current residence. Some property managers consider this step a required part of every application they verify. A visual inspection of applicants' current residences may tell you a lot about what kind of tenants they will be. Be sure you are familiar with drug warning signs before you look at a previous residences. · Announce your approach in your advertising. Some landlords have found it useful to add a line in their advertisements announcing that they do capful tenant screening or that they run credit checks. The Landlord Training P,togtam APPLICANT SC~EENINO C~ty ol San Bcmardlno · Consider a policy requiring applications to be filled in on site, Some property managers require all application forms to be filled in on the premises -- an applicant may keep a copy of their form only after it has been filled in. signed, and a copy left with the landlord or manager. Applicants who are unsure of some information should fill in what they can, and come back to fill in the rest. Such a policy should not be a barrier to honest applicants -- in most cases, they would have to return to bring back the signed application anyway. However, the policy can dampen the ability of dishonest applicants to work up a story. Assuming you have communicated your commitment to keeping illegal activity off your property, such a rule may also allow dishonest or dangerous applicants to exit with minimal confrontation -- without an application in hand they are less likely to pursue making up a story and, once off the premises, they may simply choose not to return. Again, if you use such a policy, make sure it includes making reasonable accommodation for people whose particular handicap, or other protected characteristic, would otherwise result in the policy being a barrier to application. · Watch for gross inconsistencies. When an applicant arrives in a brand new, luxury sports car and t'dis out an application that indicates income of $1,000 a month, something isn't right. There are no prohibitions against asking about the inconsistency or even choosing to deny the applicant because the style of living is grossly inconsistent with the stated income. You may also deny the applicant for other reasons that common sense would dictate are clearly suspicious (credit reports can also reveal such oddities -- for example if the applicant is paying out much more per month to service credit card debts than the applicant is taking in as income, something isn't right). Many don't realize it, but unless such a decision would cause a disproportionate rejection of a protected class (e.g., race, color, religion, and others), the law allows room to make such judgment calls. While you may not discriminate on the basis of race, color, religion, sex, handicap, national origin, familial status, ancesU-y, age, marital status, sexual orientation or other factors that ate unrela~l to legitimate business concerns, you may discriminate on the basis of many other factors that are legitimate business concerns, provided the effect is not a disproportionate The law it written to prevent ' denial of a protected class, ff you deny the applicant for such dtscriminattan': "aga/n.~' ' ' t~rot~n~'' a reason, your evider the , ou for your decision. Be careful when making decisions in this area, but ,.. ,. th~t~.rw~)~lu~trii~,,t~..~,. don't assume your hands are fled. The law is written to /momrLs~mc/esm'~a~r~..,r prevent discrimination against protected classes. You are not , ,, ,.., , .. .. required to look the other way when gross inconsistencies a~ apparent. ~ Watch out for Friday afternoon applicants who my they must move in that very weekend. Drug a-alers know that you may not be able to check references until Monday, by which point they will ~lready be in the rental unit. Tell the applicant to fred a hotel or a friend to stay with until you can do a reference check. Could it cost you some rent in the short run? Yes. Could it save you money in the long run? Absolutely. Ask any landlord who has dealt with a drug problem in a rental unit. It is worth avoiding. (Some landlords allow weekend applicants to move in if they can independently verify their story. But you are better off waiting until you can verify the entire application.) · Observe the way applicants look at the unit. Do they check out each mom? Do they ask about other costs, such as heating, garbage service, and others? Do they mentally visualize where the furniture will go, which room the children will sleep in, or how they'll make best use of the kitchen layout? Or did they barely walk in the front dour before asking to rent, showing a surprising lack of interest in the 24 APPLICANT SCREENING Land ord T~nmg Pt~am~ RENTAL AGREEMENTS Get it in wrying. ADVICE WE WERE GIVEN: "We've solved a lot of problems by ming the right paperwork at the beginning of the rental term ~ it improves our le~aJ peMtion and it lets the tenant know we are serious from the start." Thb manual b intended a~ a guide to ¢ommun~-o~fenmd propenT management. It s regarded a~ legal advi~e. If you need legal advice, cona~t a City ~1 Sa~ Bcrnardino . ~ result can be fewer dishonest applicants choosing to apply in the first place. Select your wording with cae -- don't use phrasing that in your community might be interpreted as "code" for telling a protected class that they need not apply. Again, it is important to make sure that the opportunity to apply tot your units -- and to rent them if qualified -- is open to all peop|e regardless of race, color, religion, sex, handicap, national origin, fanulial status, a~cestry, age, marital s~tus, sexual orientation or other factors that m'e urn'elated ~ legitimate business concerns. APPLICANT SCREENING City of Sa.~ Bcmatd~no RENTAL AGREEMENTS Get it in writing. The Basics Minimize misunderstandings between you and your tenant, thus building a basis for clean and fair problem resolution down the mad. Use A Current Rental Agrccment Many propeWJ managers continue to use the same rental agreements they started with years ago. Federal and st~te law can change yearly, and case law is in constant evolution. By using an outdated rental agreement, a landlord may be giving up important fights. If a problem tenant chooses to fight in court, an outdated rental agreement could cost the landlord the case. Examples of resources that offer rental agreements and other rental forms based on California law axe listed in the Appendix. In many areas property management assocmuoos p~ov~de rental forms and consider it their job to make sure they are consistent with current law. Local legal document publishing companies may also be good sources for effective rental ag~emants. Be sure, however, that you are buying a form that is developed for the laws of California -- "generic" rental agreements, sold nmionwide, are a poor substitute for a rental agreement tailored to state and local law. Unless you are planning to wodC with your own attorney to develop a rental agreement, purchase ug~J*t,*d forms from one of these sources. Month-To-Month, Or Long-Term Lease? In many parts of the country, year-long I .e~.s .a~ standard, while in many California communities it is more common to rent on a month-to-monm oasis. ('l'ne exceptions are found in most jurisdictions that have rent control laws, in public housing communities, and with individual tenants on rent assistance -- "Section 8." In each of these situations, "just" or "good" cause is typically required for eviction.) A month-to-month rental agreement gives the landlord the additional option of serving a 30-day eviction notice without having to specify a cause. If you want the maximum ability to remove tenants involved in illegal activity, this is the type of rental ag~ement to use. However, while the maximum power to evict is gained by using a month-to-month remal agreement whenever it is legal to do so, such an an-angement may not be the best in every situation. Market factors, Landlord Training Prosram RENTAL AGREEMENT.~ 27 ' :~ O~GINAL _. - Cily of San Bcrn~rdmo ** No drug activity. Make it cleal' that the tenant must not allow the distribution, sale, manufacture, or usage of controlled substances on the premises. You could also add various other types of crimes -- such as prostitution, assault, or other felony level criminal behavior on the premises. It's already illegal, but spelling it out in the rental agreement can make it easier to serve eviction notices for the problem. For more on this issue, see the discussion of a "Crime Free Lease Addendum" on page 29. The tenants are-responsible for the behavior of themselves, their household member& and their guests. Tenants should understand that they will be held responsible for the conduct of themselves, their children, and all others on the premises under their control. Generally speaking, the law is designed to allow the tenant the same "my home is my castle" right to privacy as that enjoyed by any owner-occupant. However, with the right to private enjoyment of the "castle" comes the responsibility to control what goes on there. Spelling it out in the rental ag~ement will help tenants understand the scope of their responsibility. For people who plan to "front" for illegal activity, this underscores the point that they will be given as little room as possible to protect themselves by claiming that acquaintances, and not themselves, were involved in the activity. In general, if tho first time you hear about drug activity in a unit. it is from the disu'aught tenant looking for help in conu'olling guests or children, by all means respect the request and help if you can. But if you don't hear about a problem until there is a cascade of complaints from multiple neighbors or the police serve a search warrant, the time for compassion toward the tenant is probably passed. Recognize that the tenant has violated the rental agreement and serve the appropriate The tenant will not unduly disturb the neighbors. Make it clear that the tenant will be responsible for making sure that all persons on the premises conduct themselves in a manner that will not interfere with the neighbors' peace. The issue hero is not the occasional loud party. The issue is prevention of chronic nuisance behavior that can severely impact a neighborhood if the behavior is left unchecked. What does disturbing the neighbors have to do with drug crimes? It doesn't necessarily. But we know that managers who attend to their own obligations and require tenants to meet theirs are far more effective in preventing drug activity than those who look the other way as complaints of noncompliance roil in. It is almost never the case that a drug criminal's first observed, evictable offense is the dealing or manufacturing of nai'ootics. "Crime Free" Lease Addendum Many rental owners in San Bemardino attach an addendum to their lease spelling out specific crimes under California and local law that will be considered v~olauons of the lease. Many versions of a "crime-free" or "drug-free" addendum are available in the San Bemardino area, with one example distributed at the trainings associated with this manual. Before using such an addendum, have your attorney review it. While the behaviors proscribed in such agreements are already against the law, spelling them out as prohibited in the lease may allow you additional legal choices should you have to evict tenants for allowing or conducting criminal behavior. Even more important, announcing your commitment to maintaining safe housing through the use of a "crime-free" lease addendum can be a valuable tool to discourage those planning criminal activity from moving in. Landlord Tra.iningProgr~n RENTAL AGREEMENT$~"~9 ' ~ ~ rT~ as well as the expectations of local landlords and tenants, will also play a role in determining the best approach. Also, there are benefits to leases that both parties can enjoy, Good tenants may appreciate the stability of a longer term commitment, and you may benefit if you have tenants who respect the lease term as a binding agreement. It is true that you give up your right to serve a no-cause eviction notice during the period of the lease. However, yo~u may serve one of the for-cause notices der-reed in California law if tenants are in violation of the law or the lease. The decision about which type o~' rental agreement to use is up to the individual landlord -- either approach can work. Also, remember that while the terms of your rental agreement are important, even the best rental agreement is not as valuable as effective applicant screening. The most important p~u't of any rental agreement is the character of the people who sign it. No amount of legal documentation can replace the value of finding good tenants. Elements To Emphasize Inspect thc rental agreement you use to see if it has language addressing the following provisions. If they are not in the rental agreement, consider adding them. To gain the most prevention value, yon will need to point out the provisions to your tenant and communicate that you take your rental agreement seriously. Note that this list is not at all comprehensive -- it only represents elements that ate occasionally overlooked, and am particularly important for preventing and/or terminating drug-related tenancies. Subleasing ts not permitted, Make it clear that the tenant cannot assign or transfer the rental agreement and may not sublet the dwelling. If you like, add this exception: unless the sublease candidate submits to the landlord a complete application and passes ali screening criteria. You must maintain control over your pwpeny -- too often the people who mn the drug operation are not the people who rented the unit. This provision will not stop all efforts to sublease, but it n~.y prevent some and it will put you in a stronger position if you have to deal with a problem subtenant. Only those people listed on the rental ngreement are permitted to occupy the prendses. If the tenant wants another adult to move in, that person must submit a completed application and pass the screening criteria for rental history. To enforce this, you will need to define the difference between a "guest" and a "resident." Since tenants am typically well within their rights to have guests stay with them for short periods of time, it is inappropriate for landlords to set roles that attempt to p~veut the occasional overnight guest. However, it is appropriate for landlords to place limits on the ability of the tenant to have other adults establish their residence at the rental without permission. Two examples of generally accepted guest definitions used by California landlords are "14 days in a calendar year" and "10 days in a six month period.'a Check with a local property management association or your own legal advisor before setting this criterion. Assuring your tenant that you will take this clause seriously may curb illegal behavior by othen. Having the stipulation spelled out in the rental agreement will put yon in a better legal position should that become necessary. ORIGINAL ONGOING MANAGEMENT What to do to keep the relationship working. (Unless noted, all quotes are from landlords or professional property managers. Note that some "complaints'"may contain inaccurate or incomplete assumptions about legal rights or procedure.) COMPLAIHTS WE HAVE HEARD: '~he tenant moved out and SOmeone else moved Jn without us knowhhg it. Now we have drug dealers on the property and the courts In-~t~t they are legal tenants, .~ ~ even though they never signed a lease." ........... -- '-' -' ~ ~'- ~ADvI~KWE WERE GIVEN: ~--~,,,..: , '~'~ -~ .,., .. "You need to lo, ow one b~tc rule e--.vuu have to aelively manage your pmk. The only ~ '~ ,.ho go to'.~'~'- ~ on.~ ,,ho do.'~ ~y ' ...~ * · .-.~,.ao.,r~ ~.an takeda more uroactive ap~ ~ me p .r~e~. ~ mey _can Dmlfl on ever nn~ ~. ua "'""n"'5/.-~- -'- ,-~*,.~ n' vnM ~'l'ota~' '~'i~al hassleS'~Ud have fewer brmh'llreadu~day: "-.~: ~ -:'' .:., "~f_~y_O~.~". trnining!~'~e$1andi~'dsnothln~el~'-~ ' the neighbors in an ~ m'~ It shoattl This manual is intended as a guid~ to eommunity.orientad properly not regarded as l~gal advice. If you n~ed legal advice, contact a sldlltd landlord/tenant attorney;. CRy ol San Bcm~dmo .~-. '"~, Pre-Move-In Property Condition Inspection prior to signing the rental agreement, walk through the property with the tenant and make a visual inspection together. Some landlords use check in/check out forms developed for the purpose, others take photographs which ~re then signed by both parties, and still others make a pm-move-in video tape with the tenant. Regardless of the approach, ague on what repairs need to be done. Write down the agreement and have both panics sign it. Make any agreed-upon repairs and document that those have been completed as well. Give copies to your tenant and keep signed and d~tt~d copies in your files. Now, should your tenants damage the property, you have a way to show it happened after they took possession of the unit. (Note: This also protects tenants -- the pre-move-in inspection can prevent a bad landlord from t~ying to hold a tenant responsible for problems that predated the tenancy.) The pre-move-in inspection can reduce the likelihood of some tenants causing damage to the premises. It can also protect you against the rare case of a tenant who may attempt to block a legitimate evictiou attempt by damaging the premises and then claiming that the damage was preexisting. Key Pickup As a final prevention step, some landlords require that ouly a person listed on the writ~n rental ag~ement may pick up the keys. This is one mom step in ensuring that you are giving possession of the property to the people on the agreement and not to someone els~. 30 RENTAL AGREEMENTS Landlord Training Pre;ram ~ _ ~ C~y of San Bcmazd~no ONGOING MANAGEMENT What to do to keep the relationship working. The Basics Maintain the integrity of a good tenant/landlord relationship. Strengthen communications between the landlord, tenants, and neighbor. Help build a sense of community. Don't Bend Your Rules A key to ongoing management of your propeWj is demonstrating your commiunent to your rental agreement and to landlord/tenant law compliance. Once you set your rules, enforce them. Make sine you meet your responsibilities, and make su~ you hold your tenants accountable for meeting theirs. By the time most drag problems are positively identified, there is a long history of evictable behavior that the landlord ignored. When aware of a serious breach, take action before accepting the next rent payment. If a landlord accepts rent while knowing that the tenant is breaking a role, but the landlord has not acmd to correct the behavior, the landlord could lose the right to serve notices for the behavior. California law will generally consider acceptance of rent equal to acceptance of lease violating behaviors when the landlord is aware of the problem behavior yet has not objected to it.I Fu/ther, it doesn't pay to teach your tenants that they are allowed to break the roles. So, at minimum, as soon as you discover violations of Iocid landlord/tenant laws or of your rental agreement, give tenants written notice to correct the problem. Then accept the rent. If someone other thsm the tenant tries to pay the rent, get an explannlion, Also, note on the receipt that the payment is for your original tenants only. Otherwise, by deposiling the money, you may be accepting new tenants or new rental agreement terms, in this ca~ po~ntially waiving your right to enforce rental agreement terms that regulate subletting. ff a person not on the leuse may be living in the rental, pursue the issue immediately. If you take no action to correct the behavior, and you accept rent knowing the tenant has allowed otber~ to move in, you may have accepted the others as tenants as well. So either require the illegal subtenants to fill in a rental application and apply, or serve the appropriate notice that would requirc your original tenant to remove the subtenants under threat of eviction if the action is not taken -- in most cases this would be a 3-day perform or quit notice. ! ~ L. gal coe~:ept is known a.~ "w~vet" -- by tak~n$ the rant wOhout ~kinga~i°~, the landlc~d ~y ~" ~ fi~ t° ~ fm v~ ONGOING MANAGEMENT Landlord Training Program ORIGI~,!AL Ci[y ol San Bcma~dino L · Heating system in good working order and in conformity wiih applicable law. · Buildings and grounds clean, sanitary, and free from accumulations of debris, garbage, rodents and · An adequate number of garbage receptacles in good repair. · Safe floors, s_tairs, and railings. For more information about the City of San Bernardino's maintenance code requirements see page 4. After move-in, make sure the unit remains "tenantable." Landlords are responsible for repairing damage and dilapidation subsequent to tenants moving in. If deterioration or damage are caused by the tenant's lack of exercising "ordinary care" the tenant must repair it. However, landlords are granted both the power and the responsibility to make sure that tenants are doing their part to maintain the unit. For example, while the law and the rental agreement may both require that the tenant dispotse of garbage in a sanitary manner, if the tenant is not doing so, it is up to the landlord to require the tenant to correct thc problem -- serving a thee-day cure or quit notice that would require the tenant to remove the garbage or vacate the premises. · Respect the tenant's right to private enjoyment of the premises, It has been a characteristic of landlord/tenant relationships for hundreds of years that once the tenant begins renling property, the tenant has the right to be left alone. Basically, the landlord must respect the tenant's fight to private enjoyment of the unit in much the same way that an owner-occupant's right to privacy must be respected. In California, a landlord may only enter an occupied dwelling for emergencies, to make necessary or agreed-upon repairs, to supply necessarj or agreed-upon services, to show the unit to potential buyers or contractors. (For the exceptions and mom discussion see Propen'y Visits un page 3:5.) Even when the landlord meets these conditions for entry, the entry must be made during normal business hotu~ and after providing reasonable notice -- usually at least 24 hours in advance. · Avoid retaliation against n tenant. A landlord may not retaliate against a tenant who is legitimately aUeropting to cause the landlord to meet his/her responsibilities under the California Civil Code. For example, a landlord may not increase rent, decrease service, attempt to evict, or lake other retaliatory action in response to a tenant asking a landlord to repair a worn out furnace, t'u[ a rotting step, or requests to lake other actions that arc the landlord's responsibility under the law. · Avoid ~'discrlmlnatiOIL Across the nation, landlords may not discriminate un the basis of a tenant's (or applicant's) race, color, religion, sex, handicap, national origin, or familial slams. California law~ specifically adds ancestry, age, marital status, and waterbed ownership. Fmther, California's Unmh Civil Rights act has been interpreted by courts to include any "~bimu'y" discrimination, which essentially means that actions by a landlord that result in some applicants or tenants being treated differently from others must be based on legitimate business reasons. For mo~ information about the application of civil rights laws, see the chapter on Applicant Screening. · Enforce the terms of the rental agreement and landlord/tenant law, While both the rental agreement and the law will identify various required behaviors of tenants, in general it is up to the landlord to make sure the tenant complies, ff the tenant is not in compliance, the law gives landlords the power to serve various types of "perform or quit" or just "quit" notices to either correct the behavior or require the tenant to move out. Essentially, unless the landlord takes action to correct the problem, there are few other mechanisms to correct difficulties associated with problem tenants. Even · Fix habitability and code violations at the property quickly. Maintaining habitable housing for tenants is the most important ora landlord's res~nsibililies. In addition, as discussed earlier, failure to maintain a unit could compromise a landlord's eviction rights. Tenants may be able to use a "retaliation" defense when a landlord attempts to evict after a tenant has complained that the rental is substand~d. · When a tenant doesn't pay rent, address the problem, Some landlords have let problem tenants stay in a unit, not just weeks after the rent was overdue, but months. While flexibility is important in making any relationship work, be careful about being too flexible. There is a big difference between being willing to receive rent late during a single month and letting your renters stay endlessly without paying. In California, a landlord has the right to serve a 3-day "pay or quit" notice when the rent is past due. · If neighbors call to complain o1' problems, parsue the issue. Although it does happen, few neighbors call landlords about minor problems. If you get a call from a neighbor, find out more about the problem, and take appropriate action, ff there are misunderstandings, clear them up. If there are serious problems with your tenants, correct them. The chapter on Crisis Resolution (page 62) gives additional information about steps to take if a neighbor calls to complain. Bottom line: ff you respect the integrity of your own rules, the tenant will too. If you let things slide, the situation can muddy fast. It may mean mom work up front, but once the tenant is used to your management s~yle, you will be less likely to be caught by surprises. Responsibilities Defined For a legal description of the responsibilities of landlords and tenants, review California Civil Code, your local maintenance code and your rental ~greement language. (That last one is particularly imponam: ff you haven't read your rental agreements ~a:enily, do it today!) Rental agreements typically spell out various responsibilities of both the landlord and the tenant The following is an overview of the responsibilities of both parties. LANDLORDS A landlord's ~esponsibilities fall into t~ne general area.s: the condition of the premises as delivered to the tenant, the obligation to maintain the unit once it is occupied, and the obligation to respect the rights of the tenant. A landlord's responsibilities, include: Prior to move-ia, provide the tenant with a dean, sanitary, and safe rental unJL In California Civil Code 1941.1, the conditions which make a dwelling unfit for tenancy are spelled out. Briefly, your units must meet the following minimum standa.,fls: · Weather-proof windows, walls, doors, and roof. · Plumbing, gas, and electric systems in good working order and in conformity with applicable building code at the time of installation. · Hot and cold running water furnished to appropriate fixtures and connected to a sewage disposal system approved by law. 32 ONGOING MANAGEMENT Landlord ~ining ~vam OR~GI~4AL ,'- ..,_. Cily ol San Bcma,rd~no Property Visits A cornerstone of active m~nagement is ~king c~e of the prol:~rty. Unless you take steps to ensure ~e pro~y is well-m~in~, you can't ~ sure you ~e ~ting your res~nsibility to provide ~e ~d habi~ble housing, in addition, ~n~ning habi~ble pm~Ay promcts your rights as well. if a bad mn~ c~ ~so cl~m [ha[ you ~ no[ ~fing your ms.risibilities, you may have dEficulty succ~ing wi~ ~ evic6on. ~onvc~l~if it is cl~ you ~e eve~ effo~ m ~t your insensibilities (~ you ~nt it), a tenet will ~ less inclin~ m fight ~ honest eviction effo~. Su~ briefly, C~ifomia Civil C~ 1954 says that a l~dlord ~y enmr a d~l~g ~it o~y ~ ~ fo~owmg c~s: ~ c~ of e~ency. To exhibit ~e dwel~ng to p~five or acm~ p~ch~, con~cto~, or ~. To m~e n~es~ or a~ mppm, d~omtions, alterations or impmve~n~. To supply n~ess~ or a~ ~ices. ~en a tenet h~ ab~do~ or s~nde~ ~e p~S. ~u~t to a cou~ order. Ent~ by a I~dlo~ m~t ~ d~g no~ busings houm ~d ~er ~on~le ~. Tw~-f~ ~ no~ce is ~pic~ly pmsu~ to ~ "~nable" by ~ law. (~ ~e Appe~ for ~ law i~ff.) ~ I~lo~s ~ S~ Bem~o &~ "~ or a~" ~i~ ~ mppm ~ ~ ~ ~n~ ~n~. ~e ~e p~ of a visit is to ~ for ~e ~it ~d ens~ i~ habiting, m~l~ ~ ~ ~ ~so de~r so~ ~s of ~e~ ~tivi~. For ex.pie, if ten~ ~w that ~ I~1o~ ~fively ~ages ~e pm~, ~ey ~n't I~eiy to st~ ~g ille~ ~ons to ~ ~n~ ~ o~r to ~t up a m~ju~a ~w o~mtion. Fu~er, visi~ c~ ~lp cash pmble~ ~i~ ~ ille~ ~ ~fo~ ~ey get out of h~d. For ex.pie, it is ~ for ~g ~em to ca~ ~e to a ~n~ ~it ~at ~ way ~yo~ "no~ w~ ~ ~" ~ a problem ~at c~d ~ ob~ ~n~ ~ ~ ~u~ ~e press of a ~ ~ pmk. ~ ~Y d~v~ of ~h ~e is a ~ibili~, ~e mom ~uent impact.of ~ ~ pm~ on i~e~ ~fi~ is ~ic ~venfion. meg~ ~fivi~ is I~s l~ely to h~n ~t p~ w~ ~e I~lo~ h~ a mpu~i~ for ~ ~five ~ ~y to s~ss~l pro~ ~si~ is av~g ~ ~ve~M ~ifion ~ ~i~ ~ I~dlo~t si~ations. A ~ pm~ d~ pm~rly sh~ld ~ ~1~ by y~r ~ ~n~. S~ps include: ~t a ~e ~ foHow iL At ~imu~ ev~ six ~n~s. It is a ~e ~ ~ d~n't ~ at I~t so~ m~n~ or mp&r wo~ at I~t ~ce a y~. ~ Give at I~t ~ hour' no~ ~ ~e ~p~ or ~ices ~ ~ne, k~p ~e approach ~endly. Pe~aps c~l ~e ~n~t in ~v~ce ~ ~n follow up by providing 2~ho~ or ~ nofi~. To ~lp ~d~ss ~1 m~n~ce ~s e~ciently, ~k ~n~ to ~e n~ of ~y co.ms ~y have ~ ~v~ce. Ag~n. w~n d~ appropriately, g~ ten~ should appmcia~ your a~ntion ~d corm for m~n~ning ~e unit. ~ ~ add~ c~e ~ habi~b~W p~ble~. ~n you visit ~e p~, ch~k for ~n~ problems ~ h~le ~y muti~ ~ntcn~ce, such as mpl~ing ~ma~ or air ~GONG~G~ ~ ~1o~ T~ning ~og~ ~ ; City ol San Bcrnardmn il' the problems are criminal and the tenant is jailed, you may still have to serve a nodce to regain possession. See the chapter on The Role of The Police. page 69, for mom information. TENANTS A tenant's responsibilities are to assure that no harm is done to the unit and to pay the mnc in essence under California law, a tenant agrees to use ordinary care to preserve the safety and condition of rented property. Damages caused by the tenant's lack of ordinary ca~'e should be repaired by the tenant. A tenant's responsibilities include~: Do basic housekeeping, comply with the rental agreement, and avoid harlnin~ th~ U~i~ in addition to complying with rental agreement provisions, tenants are obligated to: · Keep the pa~-t of the premises they occupy clean and sanitary. · Dispose of garbage and waste in a clean and sanitaxy manner. · Operate properly all electrical, gas, and plumbing fixtures, and to keep them clean. · Use portions of the premises for the occupancy purposes they were designed for:. kitchens for cocking, bedrooms for sleeping, and the like. · Not pet'mit any person to willfully destroy, deface, damage, or remove any part of the dwelling or its equipment. Pay rent. Landlords have the fight to receive rant for the use of their property and tenants have an obligation to pay it. The only exception is that tenants may reduce rent by the cost of repairs the landlord failed to make in a reasonable time. in generaJ, if a landlord fails to repair a problem within 30 days of the tenant's oral or written notice (fewer than 30 days if the repair need is "immedi__ 'at,'"),2 the tenant may repair it directly and deduct the cost, up to one month's rent, without fear of retaliation. However, we recommend that tenants who are planning to take such action seek legal advice before doing so. Enforce the terms of the rental agreement and landlord/tenant law. Just as it is up to landlords to make sure that tenants comply with the renutl agreement and landlord/tenant law, tenants hold the pfimary responsibility for making sure their landlords comply. Tenants have powers to abate rent, give the landlord notice of maintenance problems, and/or take other action to cause a landlord to comply. Sometimes, specific agencies can assist in enforcing the law -- problems associated with building code violations can be brought to the attention of the City Planning and Building Department, for example. Other agencies are available to help tenants with civil rights complaints. Because these kinds of agencies do not get involved unless the tenant notifies them, chief among the powers granted to a tenant is protection from the landlord's retaliation, should the tenant attempt to assert a fight defined in the law. See Ca~iforaia Civil Code 1941.2. See genoa t942 of Civil Code 34 ONGOING MANAGEMENT Landlord Tra~ing P~ogr'am~ 0~L ~ · '- ,,.~ City ot San Bcmazd~no Property Visits A cornerstone of active management is ~cing c~re of the property. Unless you take steps to ensure the .property is well-maintained, you can't be sure you a-e meeting your responsibility to provide s~e and habitable housing. In addition, maintaining habitable property prolects your rights as well. It' a bad tenant can also claim that you are not meeting your responsibilities, you may have difficulty succeeding with an eviction. Conversel.~.if it is clear you make every effort to meet your responsibilities (and you document it), a tenant will be less inclined to fight an honest eviction effort. Summarized briefly, California Civil Code 1954 says that a landlord may enter a dwelling unit only in the following cases: [] In case of emergency. [] To exhibit the dwelling to prospective or actual purchasers, contractors, or tenants. [] To make necessaxy or agreed repairs, decorations, alterations or improvements. [] To supply necessary or ag;rt~d services. [] When a tenant has abandoned or surrendered the premises. [] Pursuant to a court order. Entry by a landlord must be during normal business hours and after reasonable notice. Twenty-four hours notice is typically presumed to be "reasonable" by the law. (See the Appendix for the law itserf.) Some landlords in San Bemardino ~fine "necessa~ or agreed" services and repairs further in their rental agreements. While the purpose of a visit is to care for the unit and ensure ils habitability, regular maintenance services wiU also deter some types of illegal activity. For example, if tenants know that the landlord actively manages the property, they aren't likely to start making illegal modifications to the rental in order to set up a marijuana grow operation. Further, visits can help catch problems associated with illegal activity before they get out of hand. For example, it is common for drug dealers to cause damage to a rental unit that is way beyond "normal wear and tear" -- a problem that could be observed, documented, and a~,~_ressed through the process of a regular maintenance program. Though early discovery of such damage is a possibility, the more frequent impact, of an maintenance program on illegal activity is basic prevention. rllegal activity is less likely to happen ~at property where the landlord has a repulation for concerned, active management. The key to successful property visits is avoiding the adversarial position sometimes associated with landlord/tenant situations. A maintenance program done properly should be welcomed by your honest tenants. Steps include: · Set a schedule and follow it. At minimum, every six months. It is a rare home that doesn't need at least some maintenance or repair work at least twice a year. · Give at least 24 hours' notice. If the repairs or services are routine, keep the approach friendly. Perhaps call the tenant in advance and then foUow up by providing 24-hour or more notice. To help address all maintenance needs efficiently, ask tenants to make note of any concerns they have in advance, Again, when done appropriately, good tenants should appreciate your attention and concern for maintaining the unit. · Find and address code and habitability problems. When you visit the property, check for maintenance problems and handle any routine maintenance, such as replacing furnace or air Landlord Training Program ONGOING MANAGEMENT City Of San Bcmardmo -- conditioning filters or putting fresh batteries in a smoke detector. Discuss with the tenants any concerns they have. Make agreements to remedy problems. Then repair what needs to be fixed. Utilities - There are some instances when the shutting down of utilities is a symptom of drug activity -- as dealers or heavy users get more involved in their drugs, paying bills can become less important. Remember: If your lease stipulates that the tenant is responsible for utility bills, and the tenant stops paying for those services, you have grounds for serving a for. cause eviction notice (typically a 3-day notice to "perform or quit") requiring that tenants get back into compliance with the lease terms or vacate the premises. This may be particularly important to do if shutting off the utility would result in the unit no longer meeting habitability standards. Keep A Paper Trail Verbal agleements carry little weight in. court. The type of tenant who is involved in illegal activity ~ would choose to fight yon in court wtll know that. So keep a record of your agreements and p~owde copies to the tenant..lust having tenants know that you keep records may be enough to motivate them to stay out of court. You will need to retain documentation that shows your good-faith efforts to keep the property habitable and shows any changing agreements with a tenant--dined and signed by both panics. Trade Phone Numbers With Neighbors Landlords of single-family residential housing sometimes don't hear o.f dangemns or damaging activity on their property until neighbors have writlen to the mayor, or the police have served a sean:h warrant. Quite often the situation could have been prevented if the landlord and area neighbors had established a better communications link. Find neighbors who seem responsible, concerned, and reliable. Trade phone numbers and ask them to advise you of serious concerns. You'll know you have found the right neighbors when you find people who seem relieved to meet you and happy to discover you are willing to work on problems. Conversely, if neighbors seek you out, work with them and solicit their help in the same way. Note that landlords and neighbors tend to assume their relationship will be adversarial. Disarm any such assumptions and get on with cooperating. If you both want the neighborhood to remain healthy and thriving, you are on the same side and have nothing to gain by fighting each other. 36 ONGOING MANAGEMENT Landlord Traini~i'~(ra~o~ __. ORIGI~',~AL C~y of S~ Bcm~u~mo APARTMENT WATCH/ PROMOTING COMMUNITY How to turn an apartment complex into a community The information provided in this chapter is also the basLr for the recommended steps in Pha~e HI of San Bernardino's Crime Free Rental Housing Program. ~ chapter describes the general application of apartment watch & community building in rental property. For a review of the specific certification requiremenu of "Pha~e !11," see the discussion on page 79. The Basics Good landiotds and good tenants must learn to wod( to~ether for the common goal of a safe community. Benefits _ ,;.- ..... ,;I they discover the "strength in nummn o[ joining a complex ~to a co~. ~ ~wer ~over, l~ing to constde~le ~vmgs- ~ A ~er, ~ ~l~ a~osphe~ for ~e ~ A ~si~ve ~pu~tion for ~e complex, l~ing to hi~ q~ity appli~ ~d, over ~, pm~ v~ues. Landlord Training Program APARTMENT'~/~TCH 37 ~ ORIGI~',~AL ~- ' ~---' ' City of San Bema~dino 5 ~ ,..,-h,d. activities for children and teenagers, as well as for adults; ._.Getting c.h. il ,d~n involved in games and other events Will provide a positive experience for children ancl help encourag~ parentS to meet each other. Also, like adults, when children and teenagers get to know tbe~r resident manager, they are more likely to sham information. This is important because teenagers, in particular, may have information about community problems of which adults are unaware. Hold "theme" ~Vents and special meetints as appropriate. There is a balance between holding a purely social event and a meeting for ~ purpose of adclressing an agenda. The balance at each meeting can vary, but it is important to provide some of both. At least one of the rags held each year should be primarily for the purpose of celebration -- a holiday party in the winter or a "know your neighbor" barbecue in the summer. Others can offer a time for socializing and It lime for covering an agenda. Meeting agendas can be as varied as the types of apartments and people who populate them. In general meetings should: · Respond to issues shat are a direct concern to a nmber of tennnts. If them eaz immedin~ concerns, such issues should take priority over other potential agseda iterm. If tenants are concerned about gang violence in thc neighborhood, less pressing topics may seem irrelevant. · Provide new information about the local community. This could take any number of forms. You might invite merchantS from the ar~a, tiro fighters, police officers, members of neighbothoud associations or other community groups, social workers, employment counselors, or any number of other people who could share useful information with tenants. Also, remember the importance of keeping tneeting agep~4~'~ on track~ interesting, ~ focused on tangible, measurable outcomes. If tenantS feel that meetings raxcly address the published agond& interest will sluink quickly. ?. Nurture a sense of shared responsibility. While it is important for management to continue providing support for thc community-building process, it should not be a one-way ~ Leadership in the complex should be nurture, and volunteers recruited at each meeting to assist with the next meeting, program, or event. The more residentS experience the community-building process as a joint effort of management and residents, the more they will appreciate it. Promoting a sense of shar~. responsibility can be accomplished in many ways. Here arc just a few tips: . . . ~ Landlord Training P~ogram · Ask for volunteers to serve on a "tennnts' counciL" The council could meet informally ~nee a month to discuss issues of concern in the complex and to plan the upcoming community-wide eventS. Don't be discouraged if only one or two people get involved initially. W~th v__~e__-xr,, mote · Whe~eve~' possible, have tenantS set thc meeting agendas. Whether it is through a tenant council or simply by collecting suggestions at community eventS, make sure tenants know they play a k~ role in defining the direction of community-building effotu. · Give tenants a chance to comment on plans for the property. Even the simplest issues can he turned into opportunities for community building. If a fence is going to be built or replaced. before doing so, discuss the plan at a meeting and allow tenants to air concerns or suggestions. You may hear ideas that can make the end result more attractive. In those situations whe~ you cannot act on a suggestion, you have the opportunity to explain your re~sons to your tenantS, and at least have them experience a level of participation that they did not previously have. Along similar lines, by listening to tenant concerns, you may discover that a relatively simple adju~h,~nt in policy can result in a significant increase in overall tenant satisfaction. City. ,,:m Bcrnardino Pick projects that cnn succeed. Don't promise more than you can deliver. Make sum that easily implemented changes are done promptly so that tenants can see the results. While it is important to take on the larger goals as well (such as getting rid of drug activity in the rest of the neighborhood), short-term results ate needed to help tenants see that change is possible. 10. Develop a conunuulcntions system. This can be as elaborate as quarterly or monthly newsleUers, complete with updates from management, articles from tenants, advertisements from local me~:hants, and referrals to local social service agencies. Or it may be as simple as use of a centrally located bulletin board where community announcements are posted. Whatever the process, the k~y lies in making sure that your tenants are aware of the information source and that they t'md it useful enough to actually read it. Implement basic crime prevention measures. In addition to the general community-building t,"chniques described, various traditional cdme watch ~chniques can also be implemented. Aparonont watch I~alning can be provided to your involved tenants. Contact a crime prevention officer in your area for more details. Crime prevention specialists can help facilitate the f'u'st ap~uhtgnt watch meeting and discuss the practices of local law enforcement. Examples include: Make sure tenants have the manager's phone number readily accessible, and that they know to call if they suspect illegal activity. Of course, tenants should call 9-1-1 immediately if they witness a crime in progress or any life-threatenlng, emergency situation. They should also contact police non-emergency services to discuss illegal activity that is not immediate in nature. Encourage tenants to contact the manager after they have contacted 9-1-1. in the case of immediate and life-threatening situations, as well as to contact management any other time they suspect illegal activity in the complex. The sooner your tenants advise you of a l~oblem, the more opportunity you have to solve it before the situation gets out of hand. Enceur~e temmte to develop a list of phone numbem for cnih other. By sharing phone numbers, tenants can contact each other with concerns, as well as organize reporting of problems by multiple tenants. Note that sharing phone numbers among tenants should be done on a voluntary basis only -- those who do not want to paxticipate should not be required to do so. · DisUibute a list of lo<al resources. The resource llst should include numbers for police, f'u~. and medical emergency services (9-1-1 in most areas) as well as hodines for local crime prevention, substance abuse problems, employmgn~ assistance, and any number of other services and organizations that may be able to assist y~ur tenants ~. Put. use a property engraver for -nih compleg. Encourage tenants to engrave their driver's _ license number on items of value m .video rec0rde~ cameras, televisions, etc. Then post ~Rices of the fact that tenants in the complex have marked their property for identification purposes. ' Burglars would rather steal property that can't be traced · Apply "crime prevention through enviroumentnl design" changes, ff tenants cannot see the problem, they cannot report it. The chapter on Preparing the Property covers environmental design approaches in detail. Essentially. it is important that lighting, landscaping, and building design combine to create an environment where drug dealers, burglars, and other criminals don't want to be. Make it dift3cult to break in. close off escape routes, and make sure accessible areas can be easily observed by people throughout the complex. 11. Encourage nearby neighbors and aparh.ent complexes to get involved. Solving the whole problem may require encouraging similar steps in adjacent apartment complexes or making sure 40 APARTMENT WATCH Landlord T~fii~in$ I~ ORIGINAl. ~' ,~ ~ City of Sa.q 8en~a.rdino neighbors in nearby single-family homes also get involved. As a star~ing point, invit~ area neighbors to at least some of the community events held at Se complex each year. L~ndlordTrainingl~x~ram City of San Bemardino 42 APARTMENT WATCH WARNING SIGNS OF DRUG ACTIVITY TSe ~oon~r i: is recognized, th~ faster i: can be ~topped. COMPLAINTS WE HAVE HEARD: '"T'ne neighbors tell me my tenants are d-~l;-g drugs. But I dro~ by throe d~ertnt times lad didn't see a sinE-" ADVICE WE WERE GIVEN: * a lot morebfit it for~" -~Nareottcs detectt ,ye Tbb manual b intended as a guide to communi:y.o.r~, nted property management. It should r~ardld a~ legal advice, lf ~ou n~ed legal advice, contact a skilled landlord/tenant City of San Bemardino WARNING SIGNS OF DRUG ACTIVITY The sooner it is recognized, the faster it can be ~topped. The Drugs While man), illegal drags are sold on the street today, the following arc most common: 1. Cot'nine and Crack. Cocaine is a stimulant. Nicknames include coke, nose candy, blow, snow, aacl a variety of others. At om lime ~ was quite expensive and generally out of reach for people of Iow incomes. Today, the price has dropped to the point that it can be purchased by all ecooomic levels. Cocaine in ~ts powder form is usually taken nasally ( snorted '). Less frequently, it is injected. "Crack," a dcrivalive of cocaine, produces a mom intense but shorter high. Among o~her nickname~, it is also known as "rock." Crack is manufactured from cocaine and baking soda. The process does not produce any of the toxic waste problems associated with metluunphetamine production. Because crack delivers a "high" using less cocaine, it.costs less per dose, making it particularly am-active to chug users with low incomes. Crack is typically smoked in small glass pipes. Powdered cocaine ha~ the look and consistency of baking soda and is often sold in small, folded paper packets. Crack has the look of a small piece of old, dried soap. Crack is often sold in tiny "Ziploc" bags, little glass vials, balloons, or even as is -- with no container at all In general, signs of cocaine usage ate not necessaxily apparent to observers. A combination of the following ~ possible: ~egulag late-night activity (e.g., after midnight on weeknights), highly tatt~a6ve behavior, paranoid behavior, constant sniffml[ or bloody noses (for intense users of powdered cocaine). Powdered cocaine usage crosses all socia~ and economic levels. Crack usage is so far associated ~ lower income levels. Whik Los Angeles style gangs (Bloods and C~ps) have made crack popular, o~her groups and individuals have begun manufacturing and selling the drug as well " 2. Methnmphetamine. Methamphetamine is a stimulant. Nicknames include: metlL crank, 'slx:ed, crystal, STP, and others. Until the price of cocaine begaa dmppin~ meth was known as "the poor man's cocaine." Meth is usually ingested, sno~:l, or injected. A new, mom dangerous_fora1 of ·. methamphetamine, "c~Tstal meth" or"ice," can be smoked. So far, the feared rise in ice usage ha~ not "Pharmaceutical" grade meth is a dry, white crystalline powder. While some mcthamphetam[ne sold on the street is white, much of it is yellowish, or even brown, and is sometimes of the consistency of damp powdered sugar. The drug has a strong medicinal smell. It is often sold in tiny, reseal-able plastic bags. Hard-co~e meth addicts get very litlJe sleep and they look it. Chronic users and "cooks" -- those who manufacture the drug ~ may have open sores on their skin, bad teeth, and generally appear thin and unclean. Paranoid behavior combined with regular late-night activity are potential indicators. Occasional users may no~ show obvious signs. WARNING S~N$ 43 Landlord Training Program C*r~:~ ~-'/~[. Cily of San Bcmaffdino Cooks tend to be lower-income and may have an unpleasant urine smell about them. While many types of individuals are involved in meth production, the activity is particularly common among some "outlaw" motorcycle gangs. Because of the toxic waste dangers associated with methamphetamine production, we have included additional information on dealing with methamphemmine labs in a separate chapter. Tar Heroin. Fundamentally, heroin is a powerful pain killer -- both emotionally and physically. Nicknames include brown sugar, Mexican tar, chiva, horse, sroack, "H," and various others. Heroin is typically injected. Tar heroin has the look of creosote off a telephone pole, or insurer coffee melted with only a few drops of wamr. The drag has a strong vinegar smell. It is typically sold in small amounts, wrapped in tinfoil or plastic. Paraphernalia that might be observed include hypodermic needles with a brown liquid residue, spoons that are blackened on the bottont, and blackened cotton balls. When heroin addicts a~ on the chug, they appear disconnect! and sleepy. They can fade ouL or even fall asleep, while having a conversation. While beroin began as a chug of the wealthy, it has become a drag for those who have little income or are unemployed. Heroin addicts don't cate about very much but their next "f~x" -- and their clothes and demeanor reflect it. When they are no{ high, addicts can become quite ag~essive. As with most needle users, you will rarely see a heroin user wearing a short- sleevod shin. Marijuana. Marijuana is also known as grass, weed, reefer, joint, ,,$,, Mary Jane, cannabis, and many others. M~juana is smoked froro a pipe or a rolled cigareue, and typically produces a "mellow" high. However, the type and power of the high varies significantly with the s~ngth and strain of the drug. The marijuana grown today is far more powerful than the drug that became popular in the la~e '60s and early '70s. Growers have developed mo~ sophisticated ways to control growth of the plants and cause high output of ~ resin that contains THC -- ~e ingredient thai gives marijuana its po~qcy. Today's mari}uana is olen grown indoors ~o gain gl~a~er control over ~ crop and to p~even! detection -- by competitors, animals, or law eafomement. It takes 90 to 180 days to bring the csops fvom seed to harvesL Users g~erally appear disconneclod and non-aggl~.ssive. The user's eyes may also appear bloodshot o~ dilae~L Usage of marijuana crosses all social and economic levels. Marijuana is generally sold in plastic bags, ot rolled in cigarette paper. The smell of the smoke has been described as a "musky" cigare~le smoke. 44 WARNING SIGNS ORIGINAL Ci~.y of S~m Bcm=rdmo Warning Signs In Residential Property rl~he following list describes signs of drug activity that either you or neighbors may observe. As the list ].will show, many indicators are wsnble at umes when the landlord ns not present. Thns ns one reason why a solid parmcrship with trusted neighbors is impo~nt. Note also, while son~ of the indicators are reasonably conclusive in and of themselves, others should be considered significant only if multiple factors are present. This list is primarily targeted to tenant activity. For information on signs of dishonest applicants, see the chapter on Applicant Screoning. Dealing Dealers sell to the end user ~so they typically sell small qu:~ntities to many purchasers. Dealing iocatioos axe like convenience stores ~ there is a high customer traffic with each customer buying a small amount. Neighbors may observe: · Heavy tra~c. Cars and pedestrians stopping at a boma for only brief periods. Traffic may be cyclical increasing on weekends or late at night, or minimal for a few weeks and then intease for a pe~ed of a few days-- paxticulady pay days. · E, xch*ne_es of money. Cash and packets traded through windows, mail slots, or under doorways. · Visitors lack familiaritT. Visitors appear to be acquaintances rather than friends of the residents. · People bring "valuables" into the unit. Visitors regularly bring televisions, bikes, VCRs, cameras and leave empty-handed. · Odd c~r behavior. Visitors may sit in the car for a while after leaving the ~sidence or may leave one person in the car while the other v~sits. Visitors may also park around a comer or a f~w blocks ~i~vay and approach On foot. ., . ~ .. ; . ~ b', :'~: · "Lookoum" Ft~luontly ~ will be younF-r people who tend to hang around th~ ronta] during traffic hours. 4.'00 in the morning on weeknights. (Bo~h cocaine and methamphetamine a~e stimulants -- users tend to stay up at night.) · Various obvious signs, This may include people exchanging small packets for cash, people using drugs while sitting in their cars, syringes left in common areas or on neighboring property, or other paraphernalia lying about. Landlord Training Pmg~m City of San Bematdino Landlords may observe: · Failure to meet respo~ibilit~. Failure to pay utility bills or rent, failure to maintain the unit in appropriate condition, general damage to the property. Some dealers smoke or inject much of their profits -- as they get more involved in the drugs, they are more likely to ignore bills, maintenance, and housekeeping. Distnbution Distribmors are those who sell larger quantifies of drugs to individual dealers or other, smaller distributors. They az~ the "wholesale" component, while dealers are the "retail" componenL If the distributors ate not taking the drags themselves, they can be difficult to identify. A combination of the foUowing indicators may be signdicam: · Expensive vehicles. Particularly when owned by people otherwise associated with a lower s~andard of living. Some distributors make it a practice to spend their money on items that ate easily moved-- so they might drive a $50,000 car while renting a $20,000 unit. · Pagers and cellular phones. Particularly when used by people who have no visible means of support. · A tendency to make frequent late-night trill. Many people work swing shifts or have other legitimate reasons to come and go at late hours. However, if you ate seeing a number of other signs along with frequent late-night trips, this could be an indicator. · Secretive loading of vehicles. Trucks, uailers, or cats being loaded and unloaded late at night in a hurried, clandeatine manner. "Load and dls~bution houses" (most likely to be found in border s~ates) ate essentially repackaging locations and involve moving large quantities of drags. Marijuana Grow Operations Grow operations are hard to identify fTom the sUeet. They are more likely to. be found in single-family residential units than in apartments. In a~klition to the general signs of excessive fortifica~ons or overly paranoid behavior, other signs a~e lis-md below. Neighbo,~ may obsorVC: ~ . · Elecu-ical wiring that hns been tampered with. For example, evidence of residents tampering with · wking and hooking directly into power lines. . ,. t- · Powerful Hghts on all night in the attic or basement. Growers will be using powerful lights to speed the development of the plants. Landlords may observe: · A sudden jump in utility bills. Grow operations require strong lighting. · A surprisingly high humidity level in the unit. Grow operations require a lot of moisture. In addition to feeling the humidity, landlords may observe peeling paint or mildewed wallboard or carpet. 4~ WARNING SIGNS t,andlo~d'~ta~nin8 Progr~ ORiGiNAL City of San Bcma~dino · Rewiring efforts or bypassed circuitry. Again, grow operations require a Io~ of electricity -- some use 1,000-watt bulbs that require 220-volt circuits. The extra circuit~/generally exceeds the power rating for the rental and can bum out the wiring -- resulting in fires in some cases, or often the need to rewire before you can rent the property again. · Various obvious sq~,ns. For example, basements or attics filled with plants, lights, and highly reflective material (e.g., tinfoil) to speed growing. L_ Meth Labs (h~ce a meth "cook" has coUected the chemicals and set up the equipment, it doesn't take lung to make the drags w about 12 hours for one batch. Clandestine labs have been set up in all manner of livin& qua.,ters, from hotel rooms and RVs, to single-family rentals or apartment units. Lab operators favor units that offer extra privacy. In rural settings it's barns or houses welt away from other msideoces. In urban settings it might be houses with plenty of re:es and shrubs blocking the views, or apartment or hetel units that ~ well away from the easy view of management. However, whiJe seclusion is preferred, clandestine labs have been found in virtually all types of rental units. Neighbors may observe: · Strong ammonia smell, Ve~7 similar to cat box odor (amalgam process of methamphetsnfi~ production). · Other odd chemical odor~ The smelt of other chemicals or solvents net typically associated with residential housing. · Chemical containers. Chemical drams or other chemical containers with their labels painted over. · Smoke breaks. If other suspicious signs ase presenL individuals leaving the premises just lung to smoke a cigarette may also be an indicator. F~her is used in meth production. Ether is highly .... ~t~ =:~. explosive. Methamphctamine "cooks" get away from it before lighting up. -. Landlords may obse~e: · Strong unpleasunt/d~emieal odors. A particulady aa~,nS cat box/ammunia smell w~thin the rental may iodicam usage of the amalgam t~ocess for methamp~ ptod-ctiun. The odor of ether, c~__omfom~ m' other solvents may also be presenL - · ChemL~hy equipment, The pre.ncc of flasks, beakers, and rubber tubing consistent with high school chemistry classes. Very few people practice chemisu'y as a hobby -- if you see such articles, don't take it lightly. · A maroon-eolored residue on alumintm~ sashes or other aluminum materials In the .nit. The ephedrine process of methamphetamine production is a mo~ expensive process, but it does not give off the telltale ammonia/cat box odor. However the hydroiodic acid involved does eat metals and, in particular, leaves a maroon residue on aluminum. Landlord Training Program WARNING SIGI~ 4"/ O~G~,L City of San Bcmard~no · Bottles or jugs used extensively for secondary purposes. For example, milk jugs and screw-top beer bo~es full of mysterious liquids. · Discarded chemistry equipment. Gaffoage containing broken flasks, beakers, tubing, or other chemical paraphernalia. Note: If you have reason to believe there is a meth lab on your property, leave immediately, wash your face and hands, and call the narcotics division of your local law enforcement ~ency to report what you know. If yon have reason to believe your exposure has been extensive, contact your doctor -- some of the chemicals involved are highly toxic. For more information about meth labs, see the chapter on clandestine drag labs. General Signs The following may apply to dealing, distribution, or manufacturing. Neighbors may observe: · Expensive vehicles. Regular visits by people in extremely expensive cars to renters who appear to be siguificanfly impoverished. · A dramatic drop in activity after police are called. If activity stops after police have been called, but before they arrive, this may indicate usage of a radio scanner, monitoring police bands. · Unus,,nny strong forttflcoflon of the unit. Blacked-out windows, window bars, extra de~lbolts, surprising amounts spent on alarm systems. Note that grow operators and meth "cooks," in particular, often emphasize fortifications--extra locks and thorough window coverings are typical. · Frequent late-night motorcycle or bicycle trips. This would only be a significant sign if the trips are made from a location where other indicators of drug activity are also observed. · lVitearms. Particularly assault weapons and those that have been modified for concealment, ~uch as sawed-off shotguns. lamdiords may observe! . ~ A' v~ingn~s to'pay rent months in advnn~'parltcuinrly in eash. If an applicant ofters y~u six months' rent in advance, resist the urge to accept, and require the person to go through ~e application process. By accepting the cash without chocking, you might have more money in the short mn, but your rental may sufter damage, and you may also damage the livability of the neighborhood and the value of your long-term investment. · A tendency to pay in cash combined with a Inck of visible means of support. Some honest people simply don't like writing chocks, so cash payments by themselves certainly don't indicate illegal activity. However, if other signs are also noted, and there are large amounts of cash with no apparent source of income, get suspicions. · Unusual fortification of individual rooms. For example, deadbolts or alarms on interior doors. 48 WARNING SIGNS Landl~ Training Priam ORIGINAL City of San Bematdino · Willingness to install expensive exterior fortifications. If your tenants offer to pay surprisingly high dollar amounts to install window bars and other exterior fortifications, they may be interested in more than prevention of the average burglar/. · presence of any obvious evidence. Bags of white powder, syringes, marijuana plants, etc. Also nc~e that very small plastic bags -- the type that jewelry or beads are sometimes kept in -- are no~ generally used in quantities by most people. The presence of such bags, combined with other factors, should cause suspicion. · Unnsually sophisticated weigh scales. The average home might have a food scale or a letler scale m perhaps accurate to an ounce. The scales typically used by drug dealers, distributors, and manufacturen are noticeably mo~e sophisticated m accurate to gram weights and smaller. (Of course, ~ are legitimate rea~ns to have such scales as well, so don't consider a scale by itseff, as an indicator.) · Large amounts of linfoil, baking soda, or elect~cai cords. T'mfoil is used in g~ow operations and rneth production. Baking soda is used in math production and in the process of converting cocaine to crack. Electrical cords are used in meth labs and grow operations. Landlord Training Program ORI~ ,~'~,~L ~' City of $~ Bcma.~hno WARNING SIGNS IF YOU DISCOVER A CLANDESTINE LAB... COMPLAINTS WE HAVE HEARD: wi'here was a time when ! didn't even know what n 'precursor chemical' was. Now I know all about methamphetamine labs. So far it has cost me more than $10,000 to deal with one pFoperty with n meth lab on it. And we're still not done." ADVICE WE WERE GIVEN: if you breath the This man;mt is intended as a gu~te to commonly-oriented property mnnagemen~ It should not b4 re~arded as legal adv~e, l~,o~ nffd legal adv~:e, conMct a skiEed t,.ndlord/wnant a~.K*~.~ I ORIGINAL City of San Bemardino IF YOU DISCOVER A CLANDESTINE LAB... Because methamphe, lamine labs represent a potential health hazard far greater than other types of drug activity, we have included this section to advise you on how to deal with the problem. ?'his information ts intended to help you through the initial period, immediately after discovering a meth lab on your property. For information about warning signs of methamphetamine labs and other drug activity, see the previous chapter on the Warning Sign~ of Drug Activity. The Danger: Toxic Chemicals In Unpredictable Situations There is vet), little that is consistent, standard, or predictable about the safe. ty level of a methamphetamine lab. The only thing we can say for sure is that you will be betl~r off if you leave the premises imme~i~*e-ly. Consider. · Cleanliness is u~mlly a iow priority. "Cooks" rarely pay atXention to keeping the sim clean or keeping dangerous chemicals away from household irene. Thc chemicals are ra~ly stored in original containers -- often you will see plastic milk jugs, or screw-top beer bottles, containing unknown liquids. It is all too common to fred bottles of lethal chemicals sitting open on the same table with thc cook's bowl of breakfast cereal, or even next to a baby's bottle or play toys. · Toxic dump sites are c~wnmon. As the glass cooking vessels become brittle with usage, they must he discarded. It is common to t'md small dump sites of contaminated broken glass, needles, and odin- paraphernalia on the grounds surrounding a meth lab, or even in a spa~ room. · The chemicnls present vary from lab to lab, While some chemicals can be found i~ any't'n~ lab, others will vary. "Recipes" for cooking meth ~et handed around and each one has variations. SO we cannot say with any certainty which combina~on of chenucals you will find m a lab y?u run ~. I*'~iooby traps" are a ~ssibmtT. Otbcr moth users and dealers may have an intemat . g the - product from a cook. Also, as drug u~age increases, so does paranoia. Some cooks sot booby, traps to protect their product. A trap could he as innocent as a trip wixe that sounds an alarm, or as lethal as a wire that pulls the trigger of a shotgun or causes the release of deadly chemical gases. · The risk of explosion and fire is high. Ether, commonly used in some drug labs, is highly explosive. Its vapor can be ignited by the spark of a light switch. Under some conditions, a bottle could explode just by jarring it. Meth lab ['u~s are generally the result of an ether explosion -- the result can be instant destxuction of the room, with the remainder of the structure in flames. · Health effects are unpredictable. Before the law enforcement community learned of the dangers of meth labs. they walked into them without proteqtive clothing and breathing apparatus. The resulta varied -- in some cases officers experienced no ill effects, while in others they developed "mild" symgtoma Landlord Training Program CLANDESTINE L~ 5 ! Cily ol San Bcmard~no such as intense headaches. However, in other cases, officers experienced burned lung tissue from breathing toxic vapors, burns on the skin from coming into contact with various chemicals, and other mere severe reactions. · Many toxic chemicals are involved. The list of chemicals that have been found in methamphctamine labs is a long one. Some arc standard household items, like baking soda. Others arc extremely toxic or volatile like hydroieclic acid (it eats through metals), benzene (carcinogenic), ether (highly explosive), or even hydrogen cyanide (also used in gas chambers), lot still others, like phenylacetic acid and phenyl-2- pmpanone, while some adverse health effects have been observed, lime is known about the long-term consequences of exposure. What To Do If You Find A Lab Leave. Because you will not know which chemicals ge present, whether or not the place is booby- trapped, or how clean the operation is, don't stay around to figure it out. Do not open any containers. Do not turn on, turn off, or unplug anything. Do not touch anything, much less put your hand whe~ you cannot see what it is touching -- among other h~?~rds, by groping inside a drawer or a box, you could be stabbed by the shaqa end of a hypodermic needle. Also, if you are not sure you have discovered a clandestine lab, but think you may have, don't stay to investigate. Make a mental note of what has made you suspicious and get out. 2, Cheek your health and wash up. As soon as possible after leaving the premises, wash your face and hands and check your physical symptoms. If you have concerns about symptoms you are experiencing, call your doctor, contact an emergency room, or call a poison control center for advice. Even ff you feel no adverse effects, aa soon as is reasonably possible, change your clothes and take a shower. Whether or not you can smell them, the chemical dusts and vapors of an active meth lab ~ cling to your clothing the same way that cigamt~ smeke does. (In most cases, normal lannclty cleaning-- not ch~ cleaning -- will decontaminate your clothes.) . 3, Alert your Iooi polie~. Contact the narcotics unit ~f your local law enforcement age~'. :(After hours, call your police emergency number, 9-1-1 in moat areaa.) If you are unsure of whom tO call, contact your police services through their non-emergency numbers listed in your phone book. B~w. au~ of the._dangers associated with clandestine lab activity, such reports often ~ceive priority and are ' investi .g.ated quickly. Typically, the law enforcement agency will coordinate with the local fi~ department's baTnrdous materials team. Arrange for cleanup, Before you can rent the property again, you will need to decontaminate it. Cleanup procedures are evolving and rogulations on cleanup vary significantly from state to state. Start by getting any appropriate information from the law enforcement and haTardous materials officials who dealt with your unit. Ask for suggestions on whom to contact in your area -- generally county or state health officials will need to he involved and will have information on methods for decontamination. Also, if there are remaining issues to be addressed with your tenants, do so. However, when a meth lab is discovered, your tenants will typically have either already left or will no longer have any interest ~2 CLANDESTINE LABS Landlord _l~nin$ ~ ORIGINAL Ci~ of Sa~ BemaJ'dtno in possessing the unit, so while there may be other issues to resolve, physical removal of tenants is usually not one of them. Depending on the level of contamination present, cleanup may be as simple as a thorough cleaning of all surfaces and removal of absorbent materials (e.g., stuffed furniture and rugs), or as complex as replacing flooring or drywall. On very rare occasions demolition of the entire structure may be required. Again-contact your local health officials for details. Because of the range of chemicals involved, and the differing levels of conmmina~on possible, we cannot accurately predict the length of time involved to get a contamina~_~ properly back into use. "Yes, But..." "If lab sites are so toxic, how can rneth lab "coo/~" live there?" The short answer is: because they are willing to accept the risks of the toxic effects of the chemicals around them. Meth cooks are often addicted to the drag and are oRen under its influence during the cooking process. This makes them less aware and more tolerant of the environmenl, as well as mom careless with the chemicals they use and more dangerous to those around them. Meth cooks ave frequently recognized by such signs as rotting teeth, open sores on the skin, and a variety of other health problems. Some of the chemicals may cause cancer -- what often isn't known is how much exposure it takes, and how long after exposu~ the cancer may begin. Essentially, meth cooks have voluntne~d for an uncomxolled experiment on the long-term health effects of the chemicals involved. Also, there are occasions when rne~ cooks are fo._ed to leave as well. For example, repons of cxplosious and fu~a are among the more common ways for local police and f'u'e officials to discover the presence of a lab -- while fighting the t'ue, they discover the evidence of drag lab activity. Finally, you face a different set of risks in a meth lab than do the cooks. The cooks know which compounds they axe storing in the unmadced containers. They know where the more dangerous chemicals ate located and how volatile their make~ift setup is likely to be. When you enler the premise~ you have none of this information, and without it you face at much greater ~ !1 Landlon:l Training Program CLANDESTINE LA~ 53,-.~ OB ~ :-,-aL Cily o1' San Bern~:lino ~ +" "~'"~. 54 CLANDESTINE LABS CRISIS RESOLUTION Stop the problem before it get~ worse. {Unless noted, all quotes are from landlord~ or professional property managers. Note that some "complaints" contain inaccurate or incomplete assumptions about legal rights or procedure.) COMPLAINTS WE HAVE HEARD:- "The pFoblem is these landioFd/tenant laws don't ~tve us any room. The tenants have all the rt~ts and we have hardly any, Oar hand~ are tied," ~ for the tenant-~- difficult to do." This manual it intended as a guide to conununity~riented property tnanagernenL It should not retarded as Itfal advice, if you need legal advice, eo,',-'~ a skilled landlord/tenant OP CRISIS RESOLUTION Stop the problem before it gets worse. The Basics Address problems -- quickly and fairly -- as soon as they come up. Know how to respond if a neighbor calls with a complaint. If eviction is required, do it efficiently. If you don't know, ask a skilled attorney. Don't Wait Act Immediately Effective property management includes early recognition of noncompliance and irnn'~iate response. Don't wait for rumors of drug activity and don't walt for official action against you or the property (e.g., warning letters, fines, closure, or forfeiture). Prevention is the most effective way to deal with rental- based drug activity. Many drug operators have histories of noncompliant behavior that the landlord ignored. If you give the consistent message that you are committed to keeping the property up to code and appropriately used, dishonest tenants will learn that they can't take advantage of you or your propett7. The following are three of the more common reasons why landlords put off taking action, as well as some masons why you may want to act anyway: · Fear of the legal process. Many landlords don't take swift action because they ase intimidat__~l by the legal process. However, the penalty for indecision can be high-- if you do not act, and then accept rent while knowing that a tenant is in noncompliance, you may compromise your ability to lake any future action about the problem. Your position is strongest if you consistently apply the law whenever tenants are not in compliance with the rental agreement or your landlord/tenant laws. Your position is weakened whenever you look the other way. " "' · Fear of damage to the rental. Some landlords don't act for fear the tenant will damage the rental. Unfortunately, such inaction generally makes the situation worse. Problem tenants may see your inaction as a sign of acceptance. You will lose what control you have over the renter's noncompliant behavior; you will lose options to evict while allowing a renter to abuse your rights; and you will likely get a damaged rental anyway -- if they are the type who would damage a rental, sooner or later they will. · Misplaced belief in one's tenants. While developing this manual, we heard this story, and similar- ones, with considerable frequency: "The people renting the property aren't dealing the drugs. We haven't had any problems with them. The drug dealers are their friends who often stay at the property. So what do we do? The tenants aren't making trouble -- it's these other people." Ask yourself: Did your "innocent" tenants contact you or the police when the drug activity first occurred? Or did they acknowledge the truth only after you received phone calls from upset neighbors or a warning from the CR S S aESOLtmOfl 55 Landlord Training Program police'? (Also: Is your "innocent" tenant breaking your rental agreement by having tong-term guests or subtenants'?) To be sure, tenants can be victimized by friends or relations -- for those tenants who seek you out and ask for assistance, help as best you can. But be careful of stories you hear from tenants who don't admit to problems until after you have received complaints from neighbors or police. The sooner tenants who "from." for others realize they will be held responsible, the sooner they may choose to stop assisting in the crime. The Secret to Good, Low Cost Legal Help If you are not familiar with the process for eviction, contact a skilled landlord/tenant attorney before you begin. By paying for a small amount of legal advice up front, many landlords have saved themselves from having to pay for a lot of legal help further down the road. The law may look simple to apply, but as any landlord --or tenant -- who has lost in eviction court can attest, it is more complicated than it seems, While researching this manual, we repeatedly heard from both landlords and legal experts that the vast majority of successful eviction defenses are won because of incorrect procedures by the landlord and not because the landlord's case is shown to be without merit. ff you don't know a good landlord/~enant attorney, t'md one. If you think you "can't at'ford" an attorney, think again. Too often, out of fear of paying an attorney fee, landlords make mistakes in the eviction process that can cost them the equivalent of many months rent. Yet many evictions, when done correctly, are simple procedures that cost only a fraction of a month's rent in attorney's fees. F'mding a geed landlord/tenant attorney is relatively easy. Check your yeUow pages phone director/for those attorneys who list themselves as specialists under the subcategory of "landlord and tenant." Generally, you will fred a very short list, because few attorneys make landlord/tenant Jaw a specialty. Call at least tluee and interview them. Ask about how many evictions they do per month and how often they ate in court on eviction matters. In our experience, the safest bets are those attorneys who do many evictions -- they see it as a major pan of their practice, not a sideline that they advise on infi~quenfly. Once you f'md attorneys who have the necessary experience, pick the one you feel most comfortable working with and ask that person to help. Choices For Eviction The most common types of eviction notices used in California are described below. These notices cover the gr~at majority of situations that a residential landlord will deal with. However, there are additional eviction procedures for some unique situations. Further, some communities in California (but not San Bemardino City or County) have created additional laws that further regulate eviction procedures. Frequently these requirements are coupled with rent control regulations and place limits on some types of eviction notices that a landlord can serve. 56 CRISIS RESOLUTION The choices described here match the statewide law and apply, a~ dezcribe~ in the City of San Bernardino and other conununitie$ where local law doest not further regulate eviction optionr. Landlord TrainingLl~-rogram ORIBI~ff^L Our pur~o~ here ~s to acquaint landlords with thc basic choices they face when criminal activity by a tenant is discovered. See the Appendi. r for the exact wording of the law. particularly California Civil Code of Procedure 1161 & 1162. · "No-cause" evictions (.10-day notice): No-cause notices may generally be used to ~erminate "periodic" tenancies such as month-to-month rentals. You may evict such tenants for no cause by giving at least 3~-days notice. The notice may be served at any point dunng the rental period. If. after 30 days, the tenants have not moved out. start the court process (unlawful detainer). Landlords often find this to be one of the easier notices to use because it does not involve accusing the tenant of wrongdoing m as a result, there may be less to argue about if the case goes to court. However, be sure to document your reason for eviction in case you are asked to prove that yon are no~ evicting tenant illegally -- for example retaliating against the tenant for requesting repairs or discriminating on the basis of the tenant's membership in a protected class. Note: No-cause notices may not be served on Section 8 tenants, nor may they be served on tenants who aze on a lease, except at the end of the lease term. However, for standard month-to-month, or week-to-week tenancies, this can be a very powerful option. Also, those California jurisdictions that have rent control ordinances often do not allow "no-cause" evictions, even if the rental agreement der-roes the tenancy as a month-to-month. In these cases there are "for cause" notice procedures you must use, typically variations on one of the 3-day notices der'reed below. · 3..day notice to pay rent or quit: Versions of this notice may be used in virtually all residendal rental situations in California. This is essentially a three-day "perform or quit" notice -- the tenant has three days to pay ~l~ rent or move out. The notice can be served as soon as the rent is past due -- for example if the rent is due on the first of the month, the notice can be served on the second. (Note this exception: when the first of the month is not a business day, don't consider rent past due until the first business day of the month has come and gone. For example, if the first of the month is a Sunday, and Monday is a business day, walt until Tuesday w the third of the month w to serve the notice.) If full payment is offered during the 3 day period, accept it. However, be carefui not to accept partial payment from tenants after serving this notice unless you wish to discontinue the eviction process acceptance of partial payment generally invalidates the notice. This no~ce can also be served ou Section 8 tenants, even if you have received the subsidized portion of the rent -- if a Section 8 tenant hasn't paid his/her portion of the rent, a :~-day notice may be served. · 3*day notice to "perform or quitn: If your tenant is not in compliance with the rental agreement, or not in compliance with the duties of tenants ~described in the Civil Code, )'go may serve a no,ice that i~luires the tenant to con,ct the Proble~ Ci3er~orm") or move o~t ("quit") within 3 days. This nolice is for all other lease violations, that can be remedied, besides being la~e with the renL (See !!61.3 of the California Civil Code of Procedure.) The law says that when a tenant '*continues in p(Jssession" after neglecting or failing to perform conditions or covenants of the lease, be/she may ~ceive three day's notice in writing demanding the performance of the violated conditions or covenants. The tenant must, within three days, perform the conditions of the lease to save the lease from forfeiture. A "forfeited" lease would mean the tenant is "guilty" of unlawful detainer of the property and proceedings to evict can commence. Note that some California jurisdictions (but not the City of San Bernardino) require additional, or longer, notice for some types of violations -- such restrictions arc generally intended to give tenants mor~ time to correct violations before facing possible eviction. This notice allows thc tenant to remedy the problem, if possible, and stay on. As such. it is appropriate to use the notice to correct noncompliant behavior. This notice covers vjn'ually any CR~StS RESoLLrl:~ 57 Landlord Training Program "repairable" violation of the lease or rental agreement. Just a l~w examples of when this notice micht be used: - · Violation of' a "no pets" role. · Failure to meet thc tenant's obligation to maintain the premises (for example stonng garbage instead of disposing of it, or minor damage to the unit). * Stonng inoperable vehicles or too many vehicles on the promises if the rental agreement forbids such action. · Disabling a smoke detector. · Violating a "no-subletting" requirement (could also be served without option to correct, see "3- day quit" notice). Note that, if the effect of the noncompliant behavior can't be undone (e.g., by repair or payment) you may serve the notice without option to perform -- that is, the notice will simply require that the tenant move out. period. 3-day notice to quit: This is the most severe notice that can be served under California law and, as such is reserved for serious lease violations, illegal behavior and noncompliant behavior that cannot be undone. It is, by far, the least-used nodce of the ones discussed here. However, when tenant activity has reached the point of causing serious harm to a neighborhood, it is the one notice that should be used. Each of the bold terms listed below is deFmod by legal tradition and case law, so it is essential you seek competent legal advice before St,ea to an anorney before Ming this tome juri~dic~on~ tn Cal(f. ornta limit atlempting to serve this notice. While it is always important to speak with a skilled landlord/tenant attorney when you are unsure of the eviction process, given the seriousness of this notice, getting good legal advice is particularly important when considering serving this notice. Note also that some local jurisdictions with rent control place additional restrictions on the use of this notice.~ Except where further limited by local law, a landlord may use the 3-day quit notice in one of five situations: · The tenant has violated lease conditions and covenants that "cannot afterward be performed," Such violations would be so serious that a three-day cure or quit notice is not approptiate because there is no way to "cure" or "undo" the harm done. · Thc tenant has "committed waste" upon the premises. "Waste" means serious, intentional damage or negligent failure to maintain. Minor damage would be addressed through a'thtee.day cure or quit notice, but if thc tenants hake an ax to:the place, or intentionally burn the kitchen down, it would qualify. · The tenant is maintaining, committing, or permitting thc commission of a "nuisance" upon thc premises. What's a "nuisance?" Generally, this means any behavior that seriously disturbs the neighbors' peace, causes a neighborhood health hazard, or creates similar type of harm. The term is also specifically der'reed by California law to include such activities as manufacturing, selling, growing, distributing, or giving away illegal drugs from the premises. In general, this notice would be reserved for nuisances that arc quite serious and you have credible neighbors and/or City officials willing to testify in court. 58 CRISIS RESOLUTION La~llord Trainin~Program OR~?it~AL · Thc tenant ~s usinl~ the pr~mises for an unla~'ul purpose. Theoretically an "unlawful purpose" could be anything from using thc premises to operate a business without a license to engaging m drag distribution, prostitution, or a, ny number of other crimes. Again. speak with your attorney before serving an eviction notice for this cause. · The tenant assigns or sublets the promises contrary, to the conditions or covenants of the lease. Thc_law allows subletting to be handled with either a three-day "perform or quit" or this three-day "quit" notice, so check with your attorney to decide where your situation fits in. Because this notice can remove a tenant relatively quickly, and without the option to cure the problem. practical experience suggests that courts may weigh evidence more cautiously in such situations. While the same "standard of proof' exists with this kind of notice as with any other eviction notice a landlord might serve, should the tenant decide to fight such a notice in court, the landlord would be well-advised to ensure that the testimony of police officers, government officials, or the ~estimony of credible neighbors as witnesses is available. Our research indicates use of this notice is surprisingly rare, but we encourage its application when two conditions are met: l) A serious violation of the lease has occurred that gravely harms ot endangers the neighbors and the harm will continue until the tenants are out. 2) You have solid proof of the violation through police testimony or a combination of reliable witnesses and written documentation. Again, enlist the help of an experienced attorney before serving this notice. Mutual agreement to dissolve the lease. A frequently overlooked method. Write the tenant a letter discussing the problem and offering whatever supporting evidence seems appropriate. Recommend dissolving the terms of the lease, thus allowing the tenant to search for other housing without going through the confrontation of the eviction process, Let Section 8 renters know that mutual agreement to dissolve the lease is permissible under the program and does not threaten eligibility. Make sure the letter is evenhanded m present evidence, not accusations. Make no claims that you cannot support. Have the letter reviewed by an attorney familiar with landlord/tenant laws. Done properly, this can be a useful way to solve a problem to both your tenant's and your own satisfaction without getting tied up in a legal proceeding. Done improperly, this will cause more problems than it will solve. Don't try this option without doing your homework first. Again, if illegal activity is going on, most tenants will take the opportunity to move on. How To Serve The Initial Notice While evictions are often resolved by agreement of the two parties prior to completion of the full unlawful detainer process, in those cases where a tenant requests a ~ial, the details of the eviction process will be analyzed. As one landlord puts it: "90% of the cases lost are not lost on the bottom-line issues, but on technicalities." Another points out: "Even if you have police testimony that the tenants are dealing drugs, you still have to serve the notice conecdy." Eviction options include a legal process that you must follow. In addition, the process may also be affected by the provisions of your rental agreement or Section 8 contract. Begin by reading your rental contracts and landlord/tenant laws -- one of the best tools you can develop is a comfortable, working Imowledge of the law. In any eviction, whether the issue is nonpayment, perform or quit, or just a no-cause notice, take the following steps to serve the initial notice: Landlord Training Program CRISIS RESOLUTII~N 59 ~-~'~ ${art with the righ{ form. When avadable, use fort-ns already developed for each eviction option. Forms that have been wnuen and rc~'iewed t~ gonsistency with state and local law can gencrally be purchased through property managcn~nt assOCiations or legal documents publishing companies. See the resources page in the Append£~ for sources we found. You can. of course, have your attorney generate the appropriate notices as well. Fill it in correclly. If it is a for-cause notice, you must cite the specific breach of law or lease that ~he tenant has violated. In addition, briefly describe the tenant's noncompliant behavior. You will need to have the correct timing of the notice recorded. For example, with a three day notice, if the notice doesn't allow three full days to perform, that fact may be grounds for losing in eviction court. There will be other elements to include. For example, if it is a Section 8 rental, you may need to note that a copy of the notice is being delivered to the local Public Housing Agency. Tune it accurately. Cases can be lost because a landlord did not extend the notice period to allow for delivery time, did not allow ~ufficient time for a tenant to remedy a problem, or did not accurately note the timing of the process on the notice itself. Serve it properly. California law states that you must attempt to serve the tenant in person before using other methods, in the event that you are unable to hand deliver the notice to your tenant, you may give it to a competent substitute person at the dwelling and mail another copy of the notice di~ctly to the tenant at their home address. Alternatively. if you are unsuccessful in hand delivering the notice, you may use so-called "nail and mail" service, whereby the notice is attached to an obvious place on or near the entrance of the dwelling and a second copy is mailed the same day. Note that. if you serve by "nail and mail." you may be required to lengthen the timing of dg notice by five days. Don't guess -- get help. As mentioned earlier, unless you are comfortable with the process, consult with an attorney who is well experienced in landlord/tenant law before you serve an eviction notice. If you have drug activity on your property, you already have a major problem. Now is not the time to cut comers in order to save money. Using the correct legal process now could save you thousands in damages, penalties, and legal fees down the road. If, as a result of serving the notice, the tenant either corrects the problems (e.g. pays the rent or repairs the violation) or moves ouL the process is complete. However, if the tenant remains in the unit without having complied with the notice, your next step is to start the unlawful detainer process. At this point, if you are not sure how the process works, and you haven't already met with an attorney, do so. It will generally cost you less money in the long mn if you hire a competent attorney to guide you through the process. The Unlawful Detainer Process The popular belief is that an eviction notice is sufficient to force a tenant to move out by the date specified on the notice, as if a three day notice counts down to physical removal from the property -- il doesn't. In fact, the notice is just the first step. Technically, the landlord's first notice to vacate means that, should the tenant not move out by the date specified, then the landlord may file suit to regain possession of the property. While tenants may move out before the initial notice expires, if they do not. the landlord will need to start a legal action to regain possession of the property. In California. a tenant who remains in the rental property after the expiration of an correctly served notice is "guilty" of unlawful 60 CRISIS RESO~U'rtON detainer. So technically, the iandiord must then ~u¢ on the basis that the tenant is unlawfully detaining the property, and request that the court find in the favor of the landlord and require the tenant to leave. In cases where a tenant wishes to resist eviction, the tenant will be silo'*ed to remain on the premises until a landlord has received a court judgment against the tenant. Then. if forced physical removal of the tenant is required, it will be done by a local law enforcement official -- generally a sheriff or marshal. The actual procedure varies somewhat by jurisdiction. The following steps outline the process in brief: · Ser~ce of "Summons and Complaint." After the notice has expired and the tenant did not cure the problem or move out. the next step is to file a complaint with the Civil Court Clerk in your jurisdiction and have a "summons and complaint" served on the tenant. Every tenant must be namedand While you have other options, it is best to use a professional process server because the stakes are high -- your final court outcome may hinge on correct, appropriately documented service procedures. In any case, no one who is a party to the suit may serve these notices. Also, every tenant on the lease must be named and served, which raises the issue of served, iar~Jord t sobaion i~ SOmething i ~t~a 'PrejUdgment Claim a something called an "Ameta claim" and how a landlord should handle it when there may be people in thc unit whom the landlord does not know. This issue is dealt with by serving a "Prejudgment Claim of Right to Possession." At the same time the summons is served on the tenants, it is often wise to serve one or more blank "Prejudgment Claim of Right to Possession" forms with the "summons and complaint" attached. The process server, sheriff, or marshal will ask if there are any other adult occupants than those whose names already appear on the summons and complaint. If the tenants say yes, the server leaves a copy of the Prejudgment Claim of Right to Possession for each previously unnamed adult. This process is designed to prevent un~own tenants from coming forward at the court hearing and making "An-lets claim" -- in effect stating that because they were not properly notified of the pending legal action, that an eviction proceeding against all occupants of the unit cannot go forward. Wait five days, sometimes more. Tenants generally have five days from the service of the summons and complaint to respond. However, in some instances, tenants will be permitted additional mspon~ time ~ for example, tenants are permitted a longer response time if the summona and complaint is not delivered to them by personal service. Also, if any unnamed occupants receive a P~judgment Claim of Right To Possession, they will have ten days to respond, ff the tenants do not "resl~fi~l," the landlord can go back to court after the response time expires and get a "default judgment" in the landlord's favor. · Request a trial date, which will usually be within 20 days. If the tenants choose to contest the eviction, a trial date is set. generally within 20 days of the tenant's response date. However. you must request that a trial be scheduled, so don't lose time by putting off the request. t,A o .... .'~ At court, a "writ of oossession" is issued if the decision is in favor of the landlord (either as a resu t of a default judgment or the outcome of a mai.) The writ typically specifies the dar on which the tenant must move. · Go to marshal or sheriff to schedule physical removal if tenants do not move out by the date specified. If the tenants have not moved when the date on the writ of possession arrives, take the writ of possession to the sheriff's or marshal's office to start the physical removal process. (In San Bemardino you would go to the marshal.) The law enforcement official will then serve a notice on the tenant which explains that they face removal from the property by law enforcement if they do not Landlord Training Program CRISIS RESOLU'~ 61 move on their own. If the tenants seill don'l move, then the marshal will physically remove them from the property. From the time law enforcement starts the process, tt commonly takes five to eight days before the a marshal or sheriff a~r~ves tO'~hysic~ally remove the tenant, though sometimes it takes longer. The above description is a very brief summary. It is not intended to give the landlord who is new to the process all the information necessary to succeed -- every eviction has unique circumstances and unique issues that can influence the outcome, and length, of the proceeding. Further, some issues not explored in this manual can further slow the eviction process -- a bankruptcy filing by one of the tenants being a common example. Nevertheless. the eviction process is fa~' [Remembe, r: eviction is a terribl~ way toI compared to other civil actions in California (or in other states. [ 'screen ~ur~enan~.t It L~[~..:~i~,r ] for that matter). Perhaps the most compelling point we can [toturn.do~nabadaPl?licara~ittrl make about the entire eviction process -- from service of notice I :~:~ <.. : ~ ~:i~ ~": .~ :~::~:--::'::'~':~ , I [ toewcta~tenant. :l to arguing in court ~ is this: Eviction is an expensive, time- consuming, frustrating way to "screen" tenants. You will save much heartache and considerable expense if you screen your tenants carefully before you rent to them. instead of discovering their drawbacks after you are already committed. If A Neighbor or Other Tenant Calls With A Complaint I f a neighbor calls to report drug activity ~ or any other type of dangerous or illegal activity -- at your rental, take these steps: · With the initial call, stay objective and ask for derntl,~. Don't be defensive and. equally, don't jump to conclusions, Your goal is to get as much information as you can from the neighbor about what has been observed. You also want to avoid setting up an adversarial relationship -- if it is illegal drug activity, you need to know about it. Also, make a commitment that you will not reveal the caller's name to the tenant without permission (~nless subpoenaed to do so). In the past, some landlords ~ perhaps believing that neighbor~ ~ports were exaggerated -- have treated dangerous situations too casually and told criminals the names of neighbors who called to complain. If the neighbors have e~a~gerated, you do n6 harm by l~rotecting their names. If they haven't, you could put them in real danger by revealing too much. Ask the caller for. · A detailed description of what has been observed. · A letter documenting what has been observed, sent to you and to your local law enforcement agency. If you have Section 8 tenants, have a copy sent to the local Public Housing Agency also. · Nnme, address, and phone number, if willing to give it. If neighbors don't know you, they may be unwilling to give you their names on the first call. This is one reason why we recommend you meet neighbors and trade phone numbers before a crisis occurs. Consider: If the only thing neighbors know about you is that you have rented to a drug dealer, they will have reason to be cautious when they call. CRISIS RESOLUTION La. lord T~"r{ing Progr~&~ OF~IQIF~AL ~ · Name~ of other citizens you can call who could verify the complainL or ask the caller to encourage other neighbors to contact you. You will need more evidence than the phone call of single neighbor to take meaningful action. Explaining this need may help further encourage ~he neighbor to ask others to call. Also. having multiple complaints can belp protect the caller by tal~ing the focus off of a single complainant as the "cause" of the drug dealer being discovered. A single call from one neighbor doesn't necessarily mean your tenants are doing anything illegal. However, a single call is justification to pursue the matter further. Find out more. Go to other sources for additional information and assistance. Your goal is to collect enough information to verify any problems at the rental, and then to take appropriate action. Get in touch with other neighbors. Even if your tenant is running a high-volume dealing operation, it is likely that son~ neighbors will suspect nothing -- many citizens are unobservant or give their neighbors a wide benefit of the doubt. However, while some neighbors may be unawm.e of the scope of the problem, it is also likely that others will have a lot to tell you. · Contact the police. Get in touch wi~ a disb,'ict officer for your area and contact the narcotics division of your local law enforcement agency. Determin~ what, if anything, they have on record that can be revealed (For examples of whom to call in San Bema~dino, see the chapter on The Role of the Police for details). · Call a crime prevention specialist. Many communities have police officers assigned to crime prevention work. Others hire civilians to perform the task. Sta~ by calling your local law enfo~cemem agency and a~king for information about neighborhood crime prevention assistance. Reports from neighbors may have been called into local crime prevention staff. Crime prevention staff may also have additional information that can help you address the situation effectively. · ff you feel comfortable doing it, consider a property visit. Again, few tenants involved in serious iUegal activity m'e model renters. Discovery of maintenance violations may provide sufficient basis for serving eviction notices without having to pursue the more difficult route of developing a civil level of proof that dangerous criminal behavior has occurred. Once you've identified the problem, address it. If you discover that your tenant is innocent, contact the neighbor who called and do your best to clear up the matter. If you discover no drag activlty but strong examples of disturbing the neighbors' peace or other violations, don't let the problem c0r~tinue -- serve the appropriate notices. Likewise, if you be~0me confident your property is being used ~or drug activity or other dangerous behavior, take action. Advise the police of your findings ~i~d your plan. The following are examples of options you might pursue. The specifics will be depen~eht amount of evidence you have and the level of neighborhood disturbance: _ · ff the evidence allows it, serve an eviction notice for alleged drug activitT. The tTpe of notice will depend upon the circumstances. California law allows a very fast notice, a "3-day quit" eviction notice for nuisance and illegal activity. (See Choices For Eviction, page 56.) This notice would only be appropriate if you have clem' and objective evidence of serious illegal activity that is harming the livability of the neighborhood routinely. Keep in mind that, if your tenant wishes to fight in court, you will need to establish a civil -- not criminal -- level of proof that drug activity has occurred. This is a lower level of proof than local law enforcement would need to get a conviction. Nevertheless. allegations of drug activity or other dangerous activity should be made with care. Given the seriousness of ~e charge, always contact an attorney before proceeding with this option. Landlord Training Program Note that, it' the tenants are involved in illegal activity, they often move out quickly rather than fight the eviction -- it won't help tbe!r ~g operation to appear in court. One exception ms Section 8 tenants who, for reasons unrelated to the drag activity, may be more inclined to resist eviction (as described in the chapter on The Section 8 Program}. Note also that your t'ailure to act it' you have g~ounds for serving such .a notice may .also put you at risk. If-your tenants act on a threat, or continue to carry out exb-en'~ behaviors that endanger the community, you could face legal action by harmed neighbors or by the local government for not taking action once you had knowledge ot' the problem. If you have the option, and the threat to the neighbors or property ts not immediate. consider a "30-day" (no cause) notice. This option is not available in all rental situations. However, it is an option in most private rental situations in San Bemardino. While not possible in Section 8 rentals or Ionger-ten'a leases, a 30-day no-cause notice can be a legal, less adversarial way to solve the problem. Consider serving notice for other apparent causes. "Cause" in this case could be disturbance of the neighbors' peace, nonpayment of rent, or any other significant issue of noncompliance with the rental agreement that you have discovered since cashing the last rent check. Again, drug activity is commonly coupled with other lease violations, such as a failure to maintain the property, additional people living in the unit, and other noncompliant behavior. Note that notices served for many types of noncompliam behavior a~e of the "perform or quit" type-- that is, if the tenant can fix the problem in a legally defined period of time, the tenant will be allowed to stay in the unit. Consider mutual agreement to dissolve the lease. This option is described in mo~ detail in the discussion of choices for eviction, beginning on page 56. It can be a ve~ effective way to solve a problem without the accusations of a court process and the risk to the tenant of having an eviction show up on his/her credit record. Again, if illegal activity is occurring, many tenants will take the opportunity to move on. Finally, if you evict someone for drag activity, share the information. Landlords who are screening tenants down the road may not Fred out about it unless the information is documented. If it is a Section 8 renter, make sure the local Public Housing Authority has a letter from you on file. Also, contact'the screening company or credit reporting service you use and advi .se them of the circumstances-- they may also be able W keep track of the information. If You Have A Problem With A Neighboring Property When chronic problem activity is present in a neighborhood, every affected citizen makes a conscious or unconscious choice about what kind of action to take. The choices are to move away. to do nothing and hope the problem will go away, or to take action to stop the problem. Doing nothing or moving away usually means thc problem will remain and grow larger -- somebody, someday will have to cope with it. Taking action, especially when it involves many neighbors working together, can both solve the problem and create a needed sense of community. CRISIS RESOLUTION Landlord Many neighbors are under the tmpres~ion that ~olutions to crime are the exclusive responsibility of the police and the justice system ~ tha~ ~here ~sn't much an individu~ chl~n can do. Actually, t~ is a lot that citizens can do. even m,sf do, in o~er to ensure they live in a safe ~d healthy nei~h~rh~. Getting mo~ revolved ~n your nei~h~rh~ isn't just a g~ idea ~ it is how our system of law and civ~ li~e desired. ~d the only way it can really work. ~ith that in mind. the followin~ it a list of proven co~umty or~J~ng techniques to help you ~in. Con,ct ~e C6me Fife Renal Housin~ ~o~r~ c~rdinator for mo~eas. ~ ~nd o~e~ ~nce~ a~ut ~e p~blem and e~t ~eir help. Take ~age oft~ As you consider the steps descried ~low, k~p in ~ that strength~er--of[ multiple neigh~ following ~e s~e cou~ of action will ~ ~y people ~e cmdibili~ ~d eff~fiveness of e~h step. In p~icul~. ~ve~ , ~e neigh~ ~ling a govem~nt age~y ~tely a~ut ~e ~ problem will usually ~ise the ~fiousness of ~ problem ~ ~e eyes of ~e age~y. ~lve~nt of multiple neigh~ ~so incff~s ~e~ for eveffone. People ~volv~ in illeg~ ~tivi~ ~t ~get for~mvenge one neigh~r ~ey ~eive as causing ~em problem, but ~ less l~ely to ~ to i~n~ ~d h~s multiple ~ople. ~ M~e su~ ~Ece are i~o~ ~ de~. h d~sn't matmr bow ~y ~li~ we have if ~le don't call ~d ~ll ~em wheff ~e cfi~ is. Even d you have hM ~e ex~fience of c~ng ~t · e resulu you ex~cL ~ep calling. Even ~ you ~so follow o~er ~o~d~ions of ~ep worMng with police throughout ~e pr~ess. ~mblish~g a conn~tion wi~ a p~icul~ officer who wo~ ~e ~ea ~ly success. ~ S~ Bem~ino, chronic problems ~e o~n ~s~ by ~e ~blem ~en~ Polic~g, or "~P" office~ in ~h p~ of ~e city. Hem ~ so~ ~m s~tegies for wo~ng ~ ~li~ most eff~vely: Re~ ~dden~ when ~ey ~ur. C~l 9-1-1 d it is ~ e~ncy or c~l ~E~ n~otics de~tiv~, g~g uni~, ~d other s~i~ enfo~e~nt ~i~ as app~pdate. Y~ ~me ~ch to find out which p~ of what agency d~s wi~ a p~icul~ ~ of problem. · K~p acfi~ logs or diafi~ a~ut ~e ~ss w~n ~sm~ces ~ ~nL ~ e~ge ~i~ to do ~e ~e. Sh~ copies of~e logs wi~ ~ o~cer. ~ ~n ~ible~ En~u~e ci~l aba~ment a~o~ ~n s~g ~ enfo~nt o~ci~s. ~ s~ law ~d municipM c~ p~vi~ civil ~h~is~ for ~, ~ ~ or f~eim~ of n~ pm~, p~icul~ly ~ it ~ ~volv~ ~ ~acm~g, stofin~ ~g ~leg~ drags. ~ C~domi~ &e ~[on ~ b~u~t ~er H~ ~d Sffe~ ~ 11780 or ~ve~ pmvisio~ of ~e Pen~ C~e. ~ S~ Bem~d~o, ~e M~icip~ c~ ~ ~fi~s a ~ess. Co~ider ~r~t con,ct ~ ~e pro~ o~er. Many activis~ contact ~e owner d~ctly ~d ~k for help ~ ~lving ~e p~blem. ~ile ~e ~P office~ ~y do this for you, it is ~ option available to ~y citi~n directly. Unde~t~d that ~e~ may ~ a risk to your ~onal s~ety contacting so~ i~s~nsible owne~, so ~ su~ to pl~ your app~ach c~efully. In gene~l, t~ a ~endly, c~tive app~ach first -- it usually wo~s. If it d~sn't. ~en advers~a[ ~ctics. He~ ~e some tips for the f~endly app~ach: Use ~ r~or~ to Cmd ~e o~er. ~e county's ~ssment ~d t~ation ~co~s will identify who owns the pro~y. [~.ndlord Trmning Program CRISIS RESOLUTIOI~ 65 rn ORiGIt!AL ~ · Contact the owner. It is amazing how often this simple step is never taken. Discuss the problem and ask for assistance with stopping it. · Suggest lhis training. If the property is a rental, consider delivenng a copy of this manual and encourage thc owner to attend the Landlord Training Program. · Describe events. Provide the owner with specific descriptions of events: Answer the questions who, what.'~here, when, and how about each event. Give police references. Give the property owner the names of officers who have been called to the address. (Names of specific officers are far more useful than general statements like "The police have been out frequently.") · Help locate criminal records if appropriate. Learn how to access criminal background information, or how the proper~y owner can. For example, if an occupant may have a criminal record in the county, the court house will have records. · Share activity logs. Give copies of activity logs to the landlord, if it appears the landlord will use them to support lease enforcement actions. Enlist the help of others. If it becomes apparent that the problem will not get resolved without mere effort, it may be time for more aggressive action. This may take a higher level of organization and st;'ucture for the neighborhood. Here ate some approaches to apply more pressure: · Remind others to call. After any action you take, call several other neighbors and ask them to consider doing the same thing, whether it is reporting an incident to police, calling the landlord, or speaking to a city official. Do not ask neighbors to call and repeat your report. Do ask neighbors to make an independent assessment of the problem you have observed and, if they also consider it a problem, to report it as well. · Call the Housing Authority. If the residents are receiving public housing assistance, contact the local Housing Authority and report the problems observed. · Call code inspection. Call the Planning and Building Department, Code Compliance Division .to report municipal code violations. City regulations address exterior building suucture and appearance, interior structure and appearance, as well as nuisances in yards such as animals, abandoned cars, trash, and neglect Most properties with problem ~sidents will have many violations of municipal code too. _ . · Consider caging the mortgage holder. Sometimes the holder of the mengage bna l~roperty can mice action if the property is not in compliance with local law. Generally. if a financial institution is holding a mengage on real property, the name of the institution will be listed on the title records, kept by the county. · Write letters. Citizens have the power to write letters to anyone -- mayors, council members, chiefs of police, building inspectors, and many others. Your written documentation can add credibility and legitimacy to a problem that may not have received as much attention as it required. The first letters should be to those in a position to take direct action -- a police officer, code inspector or other person tasked with addressing problems like ~he one you are working on. Don't write letters to managerial or political authorities until you have given the "chain of command" a chance to work. Do write letters to such authorities if it b~:omes apparent that the help your neighborhood needs is not forthcoming. When necessary, follow up calls or letters with personal appointments. 66 CRISIS RESOLUTION Landlord Trainin ~,~X~ Two strategies of last resort. Generally. the~ activities should b~ undertaken only by a well- organized group, and only when consistent, diligent work with police, neighbors, and city officials has made little or no progress. . Consider getting the media involved. After making a concerted effort to get results through other means, discussing the problem with the media can be a way to focus more attention -- and sometimes resources -- on a problem. However, going to the media with your complaint before communica~mg clea~ly to the accountable organization can be counterproductive -- it can cause justifiable resentment in public officials who feel "blind sided" by the media attention on an issue about which they had no prior warning. Also, be aware that if the problem is associated with criminal drug or gang activity, attracting media attention that results in your being the featured interview subject can put you in a position where your personal safety is more at risk. · Start legal action against the property owner. Citizens harmed by a nuisance property have successfully pursued lawsuits in small claims court. Groups of neighbors combine to bring one. massive small claim action, where each hazmed neighbor sues for the maximum allowable amount. In the final analysis, even the most negligent property owners will take action when they are made to understand fully that it will cost more money to ignore the problem than it will to stop it. Methods for bringing this kind of small claims action was pioneered by an Oakland. California resident who first developed the approach to solve problems in a local neighborhood. The approach is now taught to interested groups under the name of "Safe Su'eets Now!''~ L~ndlord Training Program L~ndlord Ti'aining P~ogram ~ 68 CRISIS RESOLUTION ~ ~ THE ROLE OF THE POLICE Buiidlng an effective partnership. (Unless noted, all quotes are from landlords or professional property managers. Note that some "complaints" contain inaccurate or incomplete a~sumptlans about legal rights or procedure.) COMPLAIHTS WE HAVE HEARD: '~fhe problem is the police won't get rid of these people when we call. We've had dealers operating in one unit for four months. The other tenants are constantly kept up by the activity ~even as late as 2:00 or 3:00 in the morning on weelmights.' s~pocttd activi~.~n~4!~ 'e p~ ~ ~o?~.1~ ~a~ ~ed ~_l~use. Now I'm st~ck 'wire .pair hills from me ~"*..Xfll~ey ~ ,just~ ~d ~mt~...~ .~.~..ey ' ,.lO~;w[ .t, ! cern .~ha. ve done semethb~." "!It nlm~ t~ _.,~ ,C~I~n when the l~lee~ n drug.lgmse, This manual is intended as a guide to community.oriented property management. It should not be regarded as legal advice. If you need legal advice, contact a skilled landlord/tenant City ol San Bcmagdmo THE ROLE OF THE POLICE Building an effective partnership. The Basics Know how to work with the system to ensure rapid problem resolution. Have a working knowledge of how your local police deal with drug problems in residential neighborhoods. Meet the POP officer for your area of town, who is often thc conduit enabling citizens to connect with public safety programs designed to help solve neighborhood problems. Post No Trespassing signs, as approved by the police depaxtment, and sign a form letter authorivlng any police officer to act as your agent. Defining The Roles: Landlords And Police It is a common misconception that law enforcement agencies can evict tenants involved in illegal activity. In fact, only the landlord has the aurhodty to evict; the police don't. The police may arrest people for criminal activity. But attest, by it~ff, has no beating on a tenant's right ~ to possess your property. Eviction, on the other hand, is a civil process. The landlord sues the tenant for possession of the property. Note the differences in level of proof requi~t: Victory in civil c.t~mt requi~s "a preponderance of evidence" m the scales must tip, even slightly, in your favor. ~ conviction requin~s proof "beyond a reasonable doubt" m a much tougher standard. The~fore,,Yoff may find yom'serf in a position where you have enough evidence to evict your tenants, but the police do ~ have you still must evict them through a separate pm:e___*_* ~or, upon release, mey nave me nsm ~u ~.u, Many landlords are surprised to discover the deg~e of power they have to close drug rentals and eliminate their rhreat to the neighborhood. As one police captain put it. "Even our ultimate action against a drag operation in a rental -- the raid and arrest of the people inside -- will no~ solve a landlord's problem. because the tenants retain a legal fight to occupy the property. It's still the tenants' home until they move out or the landlord evicts them. And, as is olden the case, those people do not go to jail, or do no~ stay ia jail long." It's surprising, but the person with the roost power to stop the impact of an individual "drug house" operation in a neighborhood is the property owner -- the landlord. Ultimately, the landlord can remove all tenants in a unit. The police can't. The only time law enforcement may get involved in eviction is to enforce the outcome of your civil proceeding. For example, when a court issues a judgment requiring a tenant to move out and the tenant refuses, the landlord can go to the sheriff (or other appropriate law enforcement agency) and ~quest tim Landlord Training Plosram ROLE OF THE PO~ 69 City of Sa~ Bemardino the tenant be physically removed. But until that point, law enforcement cannot get directly involved in the eviction process. However, the police may be able to provide information or other support appropriate to the situation -- such as testifying at the trial, providing records of search warrant results, or standing by while you serve notice. Again, criminal arrest and civil eviction are unrelated -- the only connection being the possibility of subpoenaing an arresting officer or using conviction records as evidence in an eviction trial. No matter how serious a crime your tenants have committed, eviction remains your responsibility. What To Expect poUce ot~cers are paid, and trained, to deal with dangerous criminal situations. They ate experts in enforcing criminal law. They ~ not authorities in civil law. As such, if you have tenants involved in illegal activity, while you should inform the police, do not make the common but inaccurate assumption that you can "turn the matter over to the authorities" and they will "take it f~om there." Because landlord/tenant laws are enfon:ed only by the panics in tl~ relationship, when it comes to removal of a tenant, landlords are the "authorities." With that in mind, you will get best results fi'om the police by providing any infommtion you can for tbeb' criminal investigation, while requesting any supponin8 evidence you can use for your civil proceeding. In order to get the best cooperation, remember the rule of woddng with any bureaucracy: The best results can be achieved by working one-on-one with the same contacL Fmther, while this nde applies to working with any Ix~eancracy, it is especially import, ant for working with & law enforcement agency where, if police personnel share infotmatiou with the wrong people, they could ruin an investigation or even endanger the life of an office~'. If an officer doesn't know you, the officer may be hesitant to giv~ you information about Your best approach, therefore, is to make an appninlment to speak with a Problem-Oriented Policing o~ "POP" officer in person. Alternatively, call the fi'ont desk of your local police station and arren~'to Speak directly with an o~cer who patrols the distriet where your rental is loc*t,-d~ POP office~*a~'one of the main conduits be~een San Beman~no cil~znns and programs that spe~;-!~e in SOlving c~ne problems. Such p~ntms include Neighlx~oed Sen~ice Teams, the Crime Free Rental Housinl Pro~ran~ narc.otics police units. It may alSO be lX~ible to make an ~~ ~.~. ~ :appom~nent with police oi~cers who speclaliTe in gang or drag -~- - ~ ~ _.. .-~ enfmcemenL There can be a huge difference between the type of inform~on available through a single, anonymous phone call and ~ amount of a~istance possible if you arrange an in-persen meeting. The type of assistance will vary with the situation-- from advice about what to look for on your property, to documentation and testimony in your eviction proceeding. But remember that it is not the obligation of the police to collect information necessary for you to evict problem tenants. While you can get valuable assistance from the police, don't wait for the police to develop an entire criminal case before taking action. If neighbors are complaining that you have drug activity or other dangerous situations in your rental, investigate the problem and resolve it as quickly as possible (see the previous chapter on Crisis Resolution, parlicularly the discussion of choices for eviction, beginning on page 56). Do not assume that the situation '70 ROLE OF THE POLICE OR!GIF]AL ~ . Ci{y of San Bcrnardmo at your unit must be under control simply because thc police have yet to ser~e a search warrant at the property. Trespass Enforcement In Multi-Family Properties r~o address problems caused by persons who are neither guests not I residents in multi-family complexes, the City of San Bemardino [No .... helps landlords enforce trespass laws through a structured process.I I Hem's how it works: Property owners must post signs that can be [ =:. ' ,,~C9:~2-070/~C~::' :i clearly read from the common area of the property. According to the police depamnent the sig~s should read as shown in the box next to this paragraph. Such a sign eLh~nates the n~_,~4 for you to th'st warn an unwanted person not to return, and document the warning, before you may have them a~rested for trespass. Such signs also allow a police officer to escort troublemakers off the property, when the trouble makers have no legitimate business as a resident or guest. The prope~y owner's intent to preserve the common areas as private access has been made cleat. Without the sign, police officers cannot stop those who appear to have no apparent business to detem~e their status, unless they are seen violating criminal law. A further step, which is also a ~qulrernent for certification in Phase 11 of this progran~ is to authorize police officers to act as your "agent" for the purpose of enforcing criminal trespass laws. A ie~et is filed with the police department and is entered into information about your address at the 9-1-1 ceatet. This allows police to make any and all trespass charges against a person, acting with the same authority as ~he property owner for this purpose. It' the police stop a person who is not a cunent resident or cannot show that he/she was inviuxi onto ~he premises by a current resident, the officer can cite the person unde~ municipal code and escort the offender off the property. If the person returns, be/she can be anested under the penal code for trespass if found on the property again by police, all without your presence. If the poisons stopped are invited guests or residents, the conduct that attracted police *n,-efion may instead be a lease violation. Landlords and property managers should develop lines of communica~on with the police about these stops. That way, when people are behaving inappropriately on your property, a~e "in u-ouble" one way or another -- either barred from the property or causing tenants to be served notices for allowing roles viol~ous. Contact your local POP officer to learn more about trespass enforcemenL Crime/Nuisance Abatement And Forfeiture Laws Both California and federal laws allow such actions as heavy fines against owners who allow drag manufacturing or sale on their property, closure of such property for specified time periods, or even forfeiture of such property when the owner's knowledge and failure to act against the crime can be established. While it is valuable for you to be aware of the specific laws that affect your area, it is a characteristic of most that they are rarely used on properties that are actively managed. If you are screening your tenants with ca~e, enforcing your rental agreements, and meeting your responsibility to provide safe and clean housing, it is unlikely that such laws will ever be used against you or your property. These laws generally RO~.E OF THE eq~Z 71 Landlord Training Program ~ City o1' San Bcrnatdino ~ ~ ~ give a property owner several chances to show good faith by t~king concrete steps to fix a problem, before they allow government officials to take ~ny punitive action. Recognizing that a small m~norily of landlords are unethical or negligent., lawmakers around the country have endeavored to create nuisance abatement laws that give neighbors and other impac',ed citizens some enforcement mechanisms to stop the destruction or deterioration of a community. In the City of San Bemardino, the Cit.v-~as a range of such tools available to iL including Municipal Code, California Civil Code, and Federal law. In nddi~ion to the specific laws related to illegal drug and nuisance abatement, a program k~own as Safe Streets Now!,I originaUy from Oakland. California ~_¢~,~hes neighboring property owners and residents to file lawsuits when cl~onic crime remains unaddressed by those responsible. I Safe Sm~u Now! canbe s~aedat: 40~ 13th SueeL Suite 4:S2.,Oak. land, 94612. P'aoee: (800) 404-9100o~ Fax: (SI0) 83~-8959. 72 CX.E THE :X CE THE SECTION 8 PROGRAM ADVICE WE WERE GIVEN: "Few landlords realize it, but you can screen a sul~idlzed applicant the same way you screen any applicant. Most don't screen subsidized applicants for rental history t either because they don't know they can, 5r because they are too exdt{zl about the ~uaranteed rent chedt.' "For landlords the message is s~nple. Bottom line, if you screen your tenant~,. Section 8 b a very liood pro,ram: -- A Section 8 Program D _ire~___~r I T~ismanualbint~ndedasaguideto¢ommunity'orien~dproper~managem~ Itzhou~d~,fbe · ORIGINAL Cily o¢ San Bcma~dino THE SECTION 8 PROGRAM The term "Section 8" refers to a number of federal subsidy prograrn~ that allow people of limited means to rent housing. The tenant pays a porlion of the rent, while the federal government pays the re~. The Section 8 program'tr under the control of the U.S. Department of Housing and Urban Development (HUD) and administered locally by Public Housing Agencies ( P HAs). The Basics Understand the legal and practical differences between publicly subsidized and private renting. Have the same success rate as can be expected with private rentals. Some Benefits the entire community. Those landlords who meet t~etr msponsmmUes ~ reqmm ~ecnon · do the same provide a valuable service -- by renting decent housing to good citizens who otherwLse could not afford it. In _addition to serving the public good, landlords can enjoy _add_ ifiunnl direct benefits for their business: · Reliable rent. A large portion of the rent, and sometim~ all of it, is guaranteed by the f___,ylend govemmenL So, once the paperwork is proc_e_~_~ed, you'll get the subsidy portion on time, every month. Also, assuming you screen your applicants respunsibly, your tenants should be able to pay their portion on fmc since the amount is predotennincd to be within their means. · "Fair Manet Rent," HUD and local Public Housing Agr. acies work to ensure that subsidiz~i'rents do not ex__~rd__ comparable private rentals in the area. For landlords who are not aware ~ rents are more typical, it may be a plen.~nt surprise to discover the room to raise your ~t___~_. who are charging rates comparable to other nearby rentals will receive similar amounts under Secfien 8. Thore who attempt to "lead" the market in price may suffer somawhat- .... ~- Some Misconceptions Public Housing Agencies prescreen their participants along the same guidelines that a landlord should use. False. The pHA screens only for program eligibility (lnimarily income level). It is up to the landlord to screen tenants -- make sure they can pay the remainder of the rent, check their rental record through previous landlords, and run all other checks the same way you would with a private renter. You ate not only legally permitted to, you are expected to. Screening applicants, subsidized or not, is both your fight and your responsibility: you are entitled to turn down Section 8 applicants who do not meet your screening criteria and accept those who do. Even guaranteed rent is not worth it, if drag-dealing tenants move in. Landlm'd Trainin$ Program SEC ONS City of San Bcmatdino As one program manager put it, "For landlords the message is simple. Botlom line, if you screen your tenants, Section 8 is a very good program." Ixmdlords who rent to Section 8 tenants mu~t u~e the Public Housing Agency's ~el ~e. F~ New ~ ~ide~, ~1~ ~ 1995. ~ ~i~ to ~ it ~ier for ~c ~1~ to ~ ~ ~ I~ ~at is u~ for ~nsu~id~ ~n~. Ho~v~, ~ I~o~ ~!1 ~ ~ to ~ ~ ~pmvM I~ ~nd~ pm~ by ~e I~ h~g age,y, ~at ~ ~ ~ ~ ~ of ~ co~ons of ~ I~ ~at &e !~1o~ ~pi~y ~ wi~ nonsubsid~ No~ ~ ~at ~e I~ ~ndum ~ ~! I~ pm~ by ~blic Hom~g A~ ~ ~n m ~h ~'s ~n~ ~ won't n~y ~1~ ~1 pm~sions y~ ~ ~ m m~g, It ~ ~fu~ im~t to ~ aw~ of d~e~n~ ~ ~ ~fims of your ~on 8 ~ ~ ~ ~end~ ~ ~ co~fions ~ which y~ ~i~y ~nt m non-~bsid~ m~U. Tenants on Section 8 cannot be evicted. False. This misconception arises primarily ,fTom a confusion about the types of notices that can be served on a subsidized tenant. While it is I~ue that a Section 8 lease wiU fo~oid the use of "no-caul" nofice~ in general, all "for-cause" notices still apply. So, for example, if a tenant is violating the terms of the lease or damaging the progeny, a landlord can serve the applicable for-cause no~e -- typically a 3-day notice to perform or quit. Section 8 participants a~e bound by the same state and local landlord/tenant laws that gevem non* subsidized rental relationships. In theory, the only difference should be the wording of the lease. However, approach, as with any eviction, is to speak with an experienced landlord/tenant attoroey before stating the pn~ss. Also, as with any situation where only "for-canse" notices can be sen, ed, it is very important keep careful documentation of all incidents as they occur. Regnl~r record keeping of incident '.n~'.onnafion, including dat~, times, witnesses, and the natme of each occunonc~ may be important for proving your If you evict tenant~ for drug activity, the local Public Housing Agency will simply let the same People rent again ebewhere. manufacture, sale, dis~bution, possession, or use of illegal drags. The same guidelines also apply to tenants involved in violent criminal activity. For more information about the Section 8 program in San Bematdino, contact the Housing Authority of the County of San Bemardino. The place to sta~: County of San Bemardino Housing Authority 1053 North D Sueet San Bemaniino. CA 92410 (909) 884-1811 ext. 148 74 SEC~ON 8 PROGRAM Landlord Training I~gram OR!~lr*i,CL ~ ~ ,.,.~ , City of San Bem=dino ABOUT THE CITY OF SAN BERNARDINO'S CRIME FREE RENTAL HOUSING PROGRAM Active landlords + safer property + involved residents = less crime Program Overview San Bemardino's Crime Free Rental Housing Program is designed to provide our community with the best of the programs available in the nation for reducing illegal activity in rental property. The program has three "phases." Property owners and their managers that have up-to-a,,t~ certification in all tlu~e phases may display the Crime Free Rental Housing Program signs and claim membership in the lan)gram in for-rent advertising.~ The three components are: Phase I: Completion of the Landlord Tro!nih° ~. This nation~y reCOgRiz~d progl'am has consistently proved effective in helping landlords and property managers -- whether they have one rental ov thousands -- keep illegal activity off their property. Originally deMgned for the Portland (O~gon) Police Bureau, the program has now been replicated nationally. The U.S. Department of Justice, Bureau of Justice Assistance is working with the original program developers, Campbell DeLon$ Resources, Inc. to promote the program nationaily. This manual is meant to be used in the Pha~ ! training and as a refet~ce for implementation of the other two phases as well. While the manual is available to ail who wish to purchase it, certification in Phase I is only available to those who complete the eight-hour course that accompanies this material. Qualification for Phase I of the program is simple: ail people involved in day-to-day management of a property must complete the City of San Bernardino's Landlord Training Program. While ~ manual summaviz~ the material in that program, completion of the eight-hour course is ~ for cerfific~en. Phase Il: Crime Prevention Through Envi~nmental Design (ClWI'ED) modiflca'ti~'" Bemardino's Crime Free Rental Housing Pmgrsm,req .'_u~ participants who wish to be ce~ified in'Phase lo meet minim~ CPI{~ requipuments. Crime prevent,on through env~onmental design Is one o['lhe tools ,.{aught in the Landlord Training Program and is a base of knowledge that was formally ~ and ' ~efined by C. Ray .l¢ffery2 and Oscar Newman! in the early 1970's. As a crime reduction strategy, CPTED modifications have been used very successfully in both private and public housing. In Phase Pt, we review properties and ce~ify those which meet the mquimmonts. Properties that meet and maintain minimum requirements for such issues as locks, lighting, landscaping, and cleanliness will be certified as meeting the program's CPTED requirements. Once properties meet the minimum requirements, Th~ c~c~pt for using a tht~-pha~ c~ifica~n a~oach, ~ ~ymg n~ ~ ~ C~ Pr~e~ ~gh ~iro~e~ ~zig~ C. ~ Jeff.. (BeVy ~: ~ ~ · · · ' 1~2). ~_ ~ ~e~ible$~e..C~Preve~on~ghU~Destg~Ne~(NewY~-M~l~ ~1~ T~ng ~ CRIME FREE R~ Civ/of S~ 13ema~dmO ...... they will bc certified. Thc program docs not include an annual property review, but certification could b~ revoked if the minimum requiranents cannot be n~ntained. For a discussion of minimum rcquiranents, sec "Phase H:" CFTED Minimum Rcquiranents. on p~ ?7. Phase llh Resident Crime Prevention Training. Proper~ is certified in Rcsidcnt Crime Pmvcntioa T~ining in ti~¢ ,.bird [}ha~ oflh~ pro. am. }'list a.s Pha.~ ii requires pa/licipants lo apply the concepts of the Landlord Tmlninn, Progr'~n lo th~ physical design of thc prope~y. Pb.ue 111 requires participants to ~ ~ CO~lc~pt~ of th~ training with their r~i~mtt. T~ ¢ff~'tiv~n~$ of neighborhood organizing for short t~m problem solving Im be~n documented ~cro~ the count. San Bemardino's Crime Free Rental Housing Program provides a con~ for su¢_c~___~ in typically harder-to-o .rgn'~i,e rental neighborhood. Landlords with multi-family prop~ large enough to support a resident n~ger are requimt to hold reaid~nt meeting at which ~he City of San Bemardino will provid~ a Crime P~-ventio~ P~:ntative. The repr~:n~ive will l'~-view some elements of tl~ l~ndlord Toining Pro, l-am and orient ~ in ~ basica of crime prevention and apartment w~.h. For properties without a r~sident manager, own~s a~ requi~d to provid~ r~sidmts with crime pr~wntion booklet and invit~ tn~nts to a nei~hbothoed t~inin$ s~sion provided by the San B~mardino Poli~ Depamnent. For a discussion of ralnimum tesi&:nt crim~ prevention t~inln~ rcquil~ment~, ~ "PI:rose ]~:" l~id~nt Crime Pr~ntia~ T~inln_o page 79. Once all tlum ceaificaa:s are received, the property is enrolled as a om y~u' 'member" of ~ p~ ~ the owner/manager is Bant~:d tl~ ri~t to display the Crime Free Rental tteusing Progtmn ~i~ns on the property and claim manbership in the program in "for-rent" adv~tisins. A one-ti~ "lease" fee for signs is paid by the own~ or manager, with tl~ ~igns rer~i-~-g tl~ propeay of the City of San ~ basis, for e~mple when a new prolxaly manager is himt at an aPat~ent community (Phase fi, or a propen7 falls below minimum mquirm~nts fo~ landscaping or cleanliness (Phu~ !~. Tho ~ c~ificatioa program is, of course, voluntmy. Our goal is simplo: w~ want to help nud~ sure ~ signs are displayed only at property wh~re the basic elements of the program requin:ments a~ in place. Benefits of Membership . In addition to the obvious dim:t bendlts of applying the pmgran coneepls, a major benefit of~ manbaship in thc pn:~-am is thc right to display signs and to adv~nlise your prol~r~ as nmll,t,.d wilh I~ gl You will cam ~c privilege of&splaying signs on your prol~/~ advcrtise your participatioa in t~ Crimc Frec Rental Housing Program. [] You will have fl~ opporm-ily to advm~dse your units for rmt as a member of the Crime Frm Para*afl Housing Program. I~1 Be~__-~e your membership will involve continued compliance ~ practic~ h~ught by the pr~ram, peoplc conlnnplating illegal activity should corm to know that parlici~ng prol~rti~s a~ best avoided [] As the t~-putalioo ofth~ program grows, good tenants Ioo~inE for r~ntal housin~ may come to r~ benefits of ~tin~ from program participants. '76 CRIME FREE REHTAt. HOUSING PROGRAM City of San Bcmardino For more infom~adon about becoming ce~ified in the three phases of the Crime Free Renal Housing Program, contact: Crime Free Rental Housing Program San Bemardino Police Department 710 North D Street, 1st Floor San Bema~dino, CA 92401 Phone: 909-3884830 Fax: 909-388-4841 "Phase Ih" CPTED Minimum Requirements Landlords who wish to have their property certified as participating in the crime prevention fluough environmental design (CFI~D) phase of the Crime Free Rental Housing Pmgrsm. must meet requirements designed to reduce the likelLhood of crime on the pwperty. The following list shows m/n/mum requirements to be certified. When you believe your property meets these requirements, call the Crime Free Rental Housing Program coordinator and schedule a property review. Note that, to remain certified, the property must also rema/n in compliance with these reqnixements. For example, a property where graffiti is not removed promptly or basic clean up is no~ being done consistently may lose its certification. Also, all modifications made to your propet~y should be in compliance with local maintenance code. While passing a code compliance inspection is mx recluired for membership in the Crime Free Rental Housing Program, we reserve the right to deny, or revoke, membership in the pmg~un to landlords whose property is found to be chronically out-of-compliance with local maintenance or fire safety codes. [f you have questions about San Bernardino maintenance codes, see the discussion in this manual on page 4 and contact the Planning and Building Services Department for mom detailed information. Each Dwelling Unit Must Have: Eye Viewers. W~de-angle viewers on the front doors of all rental units. This requirement is waived when there is a window in, or immediately adjacent to, the front door that would allow an~ adult to observe visitors before unlocking and opening the door. - -' ~ Effective Exterior Door Locks. ,.- . .. ~Oe~ ~C'~. . Dendbolts on Hinged Doors. Installed on the exterior hinged doors of all rental units. Bolt tluow is at least one ~ !ung and the 0pp0slng~strlker plate uses four 3" screws. The bolt can be operated from inside without a key. ~ .... '~ · SHding Glass Door Security. Secondary hardware for locking installed on all sliding glass doors. Examples include a commerciany avnilable lock utilizing a removable boll or screws placed in the top track to prevent lifting combined with a stick in the bottom track to prevent sUcUng. Secure Window Locks. ~nstall on all ground floor windows and any upper-story windows that are easily accessible. Solutions for different kinds of windows can be obtained from the Crime Free Rental Housing Program coordinator. Examples include: · For sliding windows, devices to prevent lift and slide similar to sliding glass doors, above. Landlord TraininsProgram CRIME FREE RENTAL HOUSING P~RO~GRAM City of S~ · For double hung windows, cxua pin~ or Iock~ in addition to the standard sash lock. · For windows that crank open fi-om thc i~sidc, a Iockin$ mechanism separate ,;~. the crank apparatus. Each Property ~ Must Have: · Outdoor Lighting for Nitur~l Surveiihn~: · In mul~fmnily properties, ligbtin~ in thc common arc~ should be enough to allow a pefco tO comfortably read a ncwspaper hcadUnc or liccnsc plat~ at night. · For single-family ~, f~mt porch lishts that automatically ~o on ~t dusk and off at dawn. Tuners or photo-sensifivc switches get ~ ~sulc · Snfety-Con~tious Landscaping: Tri~.~i~g of ~ tt~ and shrubs to ensure no uee btanci~ a~ below s~x f~ and no shrubs block views f~m windows, Landscaping shouldn't ptov~ ndult-~i~ hidinE places ncm' windows and door~. · Visible Address Numbers. Address can bc seen clearly from thc steer durln~ bed3 day and night. When all units do not face the suce~ provic~ a wall-Ut map or unit listing at tl~ cntrance to the complcx. In ~ sit,,~tlon, the unit numbe~ should still be clearly vis,lc .'.o,-,-, the paibways ~u~ugh the complcx. > Clean Surroundings. No visible li~', trash, or debris in the ya.-ds and c~nunon arcas. No inoperable ~ or vchicles parked en unimprov~l surfac~. · No Grafl31L No visible gra~ti on any surface. · B&sic F. xt~rlor Mnlntennnce Compliance. Thc cxterior of ~he properly must nm~ ~ basic c~mditions of the concept of "territory' ~ the property must appear w~il~ Any ex, riot structures, surfaces, fencing and other fcaturc~ that n rca.~mable passerby would censider in obvious ~ of rcpair must be rcpaircd or upl~ a~ needed. Notg d~at ccrtif~ in the Crime Free R~ntal Housi~ Program plmc H rcquircmcnts ck~ n,X autmud~ c~'tlP/a pr~V/ns and Building Sc~vicc~ ~t for mo~ __,~'/~_ !!cd information. ~.~- For Each Mul6-family Property: .' · · Post "No Trespmln~./No Loitering* signs m the common .&l~,. All pr~2cr~ rote o::~,.~b,.~ areas mus~ hvc vL~'ble si~s posted *_~* forbid tr~l~SS~ a~d IoitednL The ~,-.-,-_~e reconm~ndcd by thc San lkmardino Police Department: ~ ~ ~p~ Ioi~' si~, ~ ~ ~ ~ ~t a ~ S~ ~ P~ ~t ~ ~ m ~ ~ ~ ~o~'s ~f f~ ~ pu~ of ~o~ ~ ~~ Ioi~ m~. C~ ~r I~ e~l~ 0~ P~ ~ or ~ C~ F~ ~ H~s~ P~ m file a ~ ~ I~. '78 CRIME FREE RENTAL HOUSING PROGRAM City of S~n Bcmardino Retlster a local "property monitor." To be certified, all landloMs vdth property that has ~ arcas (tTpically, uiplcx~ or mom) must ~ with ~ crlm~ Frtc ~ Hcesin~ Pixy, ram thc namc and number of · pe~ce who his r~iv~l CPTED Uainin~ (for cxamplc aue~dod th~ Landlord Trainin~ Program) and vtza¢ job i~ will be to: · W~k lbe c~mmce areas of~ prop~y eve~, day, or a~ le~s~ fiv~ days a week. · Pick up az~ dispose of all littnr fi'om tbe eommce as~s at least five day~ a week. mattr~ses, gte.). · pu:port any damag~ or otber probkms in the ¢ommce areas that should be brceght to the P.o~rtY Orr ,,~,rs~ inlartemulti.familypmpefly, ehl, pcz3onwiilbetbercsMmt manaS~, ha4-plox, .8-picx o ~ex ~mall--u~it complex, aris ~ mi~oht t~ a ~ickat who agrees to tak~ ce thc task' or · profcasiceal manager whmc job it is to visit the pmpcfly daily. "Phase II1:" Resident Crime Prevention Training Requirements l'tkis caution: lf you have a current cr~me problem Involvtng un~ts under your control, we do not advise attempting the resident organizing steps below until a~er the problems Involving your own tenants are resolv~ Holding an organlting event when some tenants may be afraid of other re.F/dents can be counterproductive, even dangerous. For Proped~es ~ a Resident Manager , =~/~-. ------,-,- ¢,,r tbe __~_ '.o will be ~ with tl~ Crinz Frm Rental .cesmg grogram _c~ommazor m ps .- ~ . . --- .., ...... .~.~:- .: ~ ~£~.,..~ advan~. 'r~ mm,mum requir~meats wr Ires p _t~e~___ am. · pi~k · date in coor~i,~tlce with tbe Crinz Ft~ Rmtal Housing Pmsram and Crim~ lh~=~.o~. --~- . . · . lex Ccetact your desilp~ated Crime prm,~e~n p.~pmscetative to sci~dule a moetm8 time. Be sum to p · tin~ ccevenkat for ycer msidcnts. F~xfly m,-n!n.~ __me~,,~ am olin tbe Ix~t cholce. · Del/vet invltallons to each residence in advance of the meeelnE. In order to meet ~ requixlmteats fl·' · Delivered at leost 10 days before the meeting. Oftcn thc best approach is to dcliv~, wren invitatiom door to door. ffyour complex bas a bulletin board, be sum to ~ thc __m,~"?-_a tlJe~ tiP/of Sa~ Bemardmo r also. However you set invitations in rcsidcnt's bands, it is important to make sure residcms know about the meeting well in advance. Phce, time, smd ·gend· ·re described. The invitation shows residents wh~c and w~cn thc meeting will lake place. It describes a simple asen~ that ineludes soc~nli?~no~ ~ as well as thc crime prevention commit. t-.,.,v ~nt to Crime Free Rental Housing Program. Send a copy of thc invilatien to tl~ · Hold the meeting. Thc me. lng must include die followin8 minimum elements to meet the requirements: · Held onp _re,,i~,es, ifpossibk. Thc __n?~%a is held on the propa, tyifa~allpo~sibi~, lfitisnot possible, select the near~t cxxnfor~ole location you can find. · At lea~t two hours in length. The __n~_ ' _0 content is planned to tut for at ~ two hours, ineludins some structural "S -c~*. acquainted" ~ime. · Free food served. Th~ food promisod in the invitation is pwvidcd. . Discounts re.r-used. At ~ end of ~ -~'~'"~ reside~ m ~ ~ ~ ~ ~nifion d~ also s~rv~ ~he puqx~ of pmv~ ~r am~h~e. R~idu~ ~ p~v~ · S20 discount. · Resident M~n~er ~ends. Naturally, thc resident mana&m' must attend the _m~,~-_* ~,,~- s~ut u..~,~ meetln*~ twice venriy. T_e~nr _me,~n.~ should bc held at ~ twice Ira' year. One mtc~na~ sbonld he for the crone prevention e(m(nmou uc~uv~ m..m~. ~w,,../~.~... ..... ., Simply put, buiP6n.~ a group o~ apafln~nts ~ ~ ~.~m~,' .~it~ takes..nmm man one came prevmnon F~ Properties Vtflthout a Resident Manager ~ . ' ~: : . ., ' · Smaller o:~olex~s ._.a sin~¢'fiu~ily m~al~ ~l~-si~'~-s~Pi ¥or c~itcai~ as prop~~s pr~ntion ~ ini"''"'4 of a m~ting held sp~i~e--.lly for r~sh:i~ts of o~ ap~ment community. In addilio~ cv~y ~enam will rec~iv~ a crimg privation informagon pad~t ~ ~l~ laadlold. The Crime Frcc RentsJ Housing Prog~m c~ordimtor ~ work ~t~ ismdlords of smaller unit housing to ensurc tenants can be invited to thc next meeting sd~duled for rcsidmts in that ~cml neighbodx)od. T~ · Fred out the dates of the next met~ags. Call thc Crimc Frcc P-,total Housing Program coordinator to find out where and ~ the next crimc prevmtion prcs~tations are going to he held. 80 CR~ME FREE RENTAL HOUSING PROGRAM Landlm'd T~i"ia~__~,~v,-.. · Ddiver invlt~tions to each gsidmg in glvang of the .n~ting. In order to nzct thc rcqu~ for cgrtillcatio~, rig invit~iom musX m~t thg fol~ critvxta: · DeUver~l st least 10 days before the meeting. Ma~ sum rgsiclcnts know about the mectiag wcll in advam~. nzg~ing wilrta~ place. It dg~filgs a simpl~ agenda that inclu~s suc;n,;-i-g tm~ as s~u as ug cilag pr~vmtion content. Exan~lm will Ig availa~l~ f~m th~ Crin~ Ft~ Rmtal Housing Program coordinator. type, of inccntiv~ offc~ m up to tl~ ~ of tb~ pamcapau~ "~' Copy ~em to Crime Free Rental Homing Program. p~ C~F. Ddlver on inceullves ofl'ered- proaram, arrange for your r~idcnts to _rece~:vc thc financial mcc~Uvc p.mtmscu~m 'no 0 ~ pn~v,u~ Im,~,~.,,.-- - c.ertlfl ~.-~ that tgmnU w~ ~.~1 and stay informed of how best to bdp cam for .thor neighborhood. : L~Uord Tr~u~n~ ~ ORIGlt4~t ~ City of San Bern~dmo :~ Maintaining Program Membership: The Fine Print The ia[ent of [he City of San Bemardiao's Crime Free Rental Housing Pro~q"am is to improve the livability of rental housing in our city. The purpose of establishing a mcmhership approach for em Pro~m is to encourage par6cipation through [he offer of sigus and Iogos that represent a positive staxtdard of rental housing ~gement. Therefore, ia [hose situations where the practices of managen~nt ~re zncons~stent w~th [he program intent, the City reserves [he right to revoke membership in the program and require return of all signs posted on the property. To be sure, the City of San Bemardiao wants as many landlords and property managers as possible to participant in [he program and is committed to making reasonable attempts to encourage compliance before revoking membership. However, for [hose instances where decisions must be made to revoke membership, it is important to establish some general guidelines for doing so. Examples of situations that ate inconsistent with the intent of the pmgran~ and which could result ia membership being revoked, include but are no~ limited to: · Responsibility for property management has changed hands and the new management has failed to atlend [he Landlord Training Program within 4 months of taking over the property. · The property falls below the minimum CPTED standards required for phase ri cet~cafion and management fails to bring the property up to phase ri suu~lards within 4:5 days of a mques~ to do so. · The landlord/manager does not hold tim required resident mee~ngs to mee~ ongoing phase m ceni_fication requirements. · The landlord/manager has a ~cent record of violating ~he civil rights of residents or applicants. · The Depaztment of Planning and Building Services fugls that & property has unreasonably failed to comply wi[h an order to con.ct housing code violations tl~ substantiaily impact em health, safety, or welfare of the residents. · At properties with calls for police service that are higher than average for the neighborhood, membership may be revoked if the landlord or manager fails to implement basic screening procedures with the adults who move into rental units. Examples of "basic .scteoning" may include such steps~ as running a credit check oa each adult applicant, checking photo I.D. for each applicant, verififfing behavior at paat rental pmpe~7, and very lhe legilimacy of Ire soun:e of income for each adult · Failure by tim landlon:Vmanager to take all reasonable steps m pmsuc evic6co, or oemrwise .able em such a~ivity's existence l~s beea presented to em lendlo~/mana~r by a sworn police offmer and em landlord/manager fails to u~ke timely and appropriate actioa to abase the activity, membership in em program will be revoked. · Re~,'d failure of a landlord/manager to work cooperatively wi[h San Bemardiao City Police and local prosecutors to enforce No Trespassing/No Loimring regulations posted a~ the property. CRIME FREE RENTAL HOUSING PROGRAM ORIGIn!AL -APPENDIX '~ne only tl~g necessary for the triumph of evU is for good people to do nothing." ' -- F_,dmt~l Burke C~ty ol San Bcrnardmo APPENDIX The following are resources you may wish to use as you pursue your property management goals. We have not attempted to verify the nature, scope, or quality of every reference -~isted, nor have we made a compreher~ive search for all possible resources. Future ver$ion~ of this manual may include an expanded list. Rental Housing Associations and Related Organizations The type of support offered by each organization varies. Examples of services include: rental forms, continuing education, attorney refemds, answering landlord/tenant questions, legislative lobbying, running credit checks, and various others. We have provided some basic information about some, but not all, organizations. As additional, basic information is provi__aed by these organi~ations, it will be added in futurn version of this manual: The California Apartment Association provides a range of member services, including manuals, forms, newsletters, a~d training in California's property managers and owners. Local chapm's may be found around the state. For general information, or to locate the chapter hearst you, conta~: California Aparunent Association 980 Ninth Stxeet, Suite 2150 Sacramento, CA 95814 Phone: 916 ~.~.7-7881 Fax: 916-447-7903 (Note: those who ate interested in qualifi/in8 their properties in all three phases of the City of San Bemardino's Crime Free Rental Housing Program may be interested in also meeting the California Aparm~nt Association's requirements for their new program called the R~ntal Housing Industry Standards Program. It is designed to help prospective residents identify quality rental housing. Owners who agr~ to participate in the program must abide by ten minimum standards relating to the management of rental property, as well as to Ihe physical appearance of the building itself. According to the CAA, owne~ who choose to participate have found it to be a valuable marketing tool for am-acting new residents. Call the California Apamnent Association for The Western Mobile. home Pa.-kowners Association provides a similar range of services as the California Apartment Association, but targeted to owners of Manufactured Dwelling Parks in California. For information, contact: Westtrn Mobilehome Parkowners Association 1007 Seventh Street, 3rd Floor Sacramento, CA 95814 Phone: 916-448-7002 Fax: 916 ~8-7085 Landlord Training Program R SC C S ORIGINAL City ol~ San Bcrnazd~no California Association of Realtors 525 South Virgil Avenue Los Angeles, CA 90020 (213) 739-8200 · East Inland Empir~ Association of Realtors 1798 North D. S-m~et San Bemardino, CA 92405 (909) 886-5031 · Apartment Association Greater Los Angeles 621 South Westmoreland Avenue Los Angeles, CA 90005 Phone: (213) 384-4131 · Aparlment Association of Greater Inland Empire 9227 Haven Avenue, Suite 250 Rancho Cucamonga, CA 91730 Phone: (909) 948-0784 Inland Mediation Board Bew/Davidow, Executive Director 1005 Begonia Avenue Ontario, CA 91762 Phone: (909) 984-2254 Fair Hm,dn.~ Council of San Bernardino Mary Irving, Executive Director PO Box 6705 San Bemardino, CA 92412 Reference Materials Check with the associations lis~ on ~he ..p~. vious page for information about both periodicals and include: · Managing Rental Housing, a complete reference guide to managing rental property in California. Published by the California Apatmaent Association, 980 Ninth Street, Suite 2150, Sacran~nto, CA 95814. (See reference on previous page for more complete information about CAA.) · Fair Housing in the 90's, Third Edition. Published by the California Apartment Association, 980 Ninth Street, Suite 2150, Sacramento, CA 95814. (See reference on previous page for more complete information about CAA.) · The Landlord's Law Book. Vol. i: Rights and Responsibilities, by Attorneys David Brown and Ralph Warner, Nolo Press, Berkeley. Includes tear-out forms & agreements. · The Landtord's Law Book. Vol. 2: Eviction~, by Attemey David Brown, Nolo Press, Berkeley. Includes tear-out termination and court forms. RESOURCES Landlord Trgnin~ ~ c4:k~ oR~GINAL ¢it~ of S~n B,tmardmo Screening Services There is no sec~oo ia the phone book for "Tenant Screening Compame~.' You w01 f-md t~em under different t~;-?, d~ on the scope of services and the p~-fcn=d heading of the business, including: · Property M-~n.gement. In -_~itio~ to ,,~m scr,~in_a firms, ~is _,~t~.ory includcs ever~_h!.~ fi,~¥, Credit Reporting Agenr. le~. Some sp~ializ= in tc~ant ver~catio~, some concent~t= on the credit r~or~-_= needs of o~her types of businesses. Police Trespass Enforcement Information ~ ~t ~ p~s ~ ~ ~P ~ ~ ~ P~i~ ~ of ~ Probl~ Og~ Po~l Offi~ of~ S~ ~ Po~ ~ ~ A: 1332 W~ ~& S~ P~: (~) 3~770 · ~ B: 91 i ~ Dfi~ ~: (~) 38~5785 ~C: 20~~A~ue, ~:(~)38~5782 ~ D: 3~ W~ ~ ~ S~ ~: (~) 3~56~ ~E: 1~3~ ~:(~)3~5~5 All of these offices n~:eive mail San Bemardino Police Area -POP PO ~ S~ ~, CA 92401 Landlord Tr*i~in! Program . ou.cEs ORiGiNAL CiiT of Saa Bcm~dino SIGNS POSTED THROUGHOUT PROPERTY PER M.C. 9.52.010/602 P.C. SAMPLE: PRIVATE PROPERTY NO TRESPASSING OR LOITERING ALLOWED ON T~SE PI~EMISES S.B.M.C. 9.52.070 P.C. 602 LETTER OF AUTHORIZATION SIGNED AND ON FILE AT TH~ S.B.P.D. LISTING ADDRESS OF BUILDING (ALL BUILDINGS IF APARTMENT COMPLEX). SECURITY GUARDS TO INITIATE A LOG BOOK TO BE PASSED ON FROM SHIFT TO SHIFT. LOG BOOK CONTAINS THE NAME/D.O.B. AND DATE AND TIME THAT SECURITY ADVISED PERSON(S) OF TRESPASS VIOLATIONS AND REQUESTED THEM TO LEAVE. (2ND VIOLATION WITHIN 24** HOUR PERIOD WOULD VIOLATE 602 {n) OF THE PENAL CODE AND CITIZENS ARREST COULD BE INITIATED. ) M.C. 9.52. 070 OPTION OF OFFICER FOR FIRST VIOLATION DOES NOT REQUIRE WARNING - HOWEVER - IS AN INFRACTION; P.C. 602 (N) IS A MISDEMEANOR. S. RESIDENTS MUST BE MADE AWAR~ THAT IF THEY HAVE VISITORS, T~ RESIDENTS MUST BE RESPONSIBLE 'FOR THE VISITORS ACTIONS. 6. IF POSSIBLE RESIDENTS COULD BE ISSUED I/D CARDS. AFTER THE SIGNS HAVE BEEN ERECTED, SUBJECTS WHO HAVE NO APPARENT BUSINESS AT THE COMPLEX MAY BE STOPPED IN ORDER TO DETERMINE THEIR RESIDENCY. DEPENDING ON EXACT CIRCUMSTANCES, IF THE SUBJECT DETAINED WAS FOUND TO HAVE NO LEGITIMATE BUSINESS ON THE PREMISES RE WILL EITHER BE CITED UNDER THE MUNICIPAL CODE OR, THE INFORMATION LOCK3ED IN THE SECURITY OFFICER'S LOG BOOK AND THE SUBJECT P~.T,m~,gED AF.'~K NE HAD BEEN ADVISED NOT TO RETURN TO THE PROPERTY BY TH~ MANAGER OR AGENT (SECURITY OFFICER). THE SECURITY OFFICER'S LOG BOOK WILL BE USED AS A READY REFERENCE IN THE EVENT THE SUBJECT IS FOUND ON THE PROPERTY A SECOND TIME WITHIN THE 24 HOUR PERIOD ACCEPTED BY THE D/A'S OFFICE. **24 HOUR LIMIT (TIME SAN) ACCEPTED BY THE D/A'S OFFICE. (D.A. GUN~T,~.S ) . 86 RESOURCES City o( San Bemardino lr Laws And Ordinances The following laws have been bound in this manual for your reference.~ We ~e showing some selected laws to suppOtX descnptions in the manual. Laws are changed and modified regul~ly through the action of local, state, and fede, tal legislation, as well as court-generated cas~ law, so it is important to constantly update your knowledge. Also, we have not attempted to include ever~ law with which a landlord should be familiar:. · City Code of San Bemardino Chapter 8.30: Public Nuisances. Defines many types of nuisances, and describes the notice and heatings process the City can undertake against a nuisance. Describes how the cost of heatings, and other penalties, can be assessed against the owner of real property. · City Code of San Bernnrdino 15.24: Property Maintenance. Defines and describes minimum maintenance requiremen~ for residential and commercial pmpe~ty. City Code of San Bernsrdino 1~.48: Swimming Pools. Describes required fences, gates, and oth4~' construction elements to maintain the safety of outdoor pools. · California Civil Code: Hiring of Real Property, Sections 1940 tlu'ough 1954. Covers many issues of the landlord/tenant relationship. Examples: legal definitions, some of the basic duties of laodlords and of tenants, the term and renewal of rental agreements, the entry of dwellings by landlos'ds, and many other provisions. · California Civil Code: Disposition of Personal Property Remaining on ~i_~s At Termlnntion of Tenancy, Sections 1980 through 1991. Outlines procedures and written forms for disposing of personal property when the tenancy has terminated. California Civil Code: Nuisances, Sections 3479 tlu'ough 3503. The definition of nuisance conditions and the remedies available to private persons and guvemmental agencies to abate the nuisance. ~, California Civil Code of Procedure: Nuisance, Action to Abate, Section 731. More detail about who has the fight to bring action against nuisances. California Civil Code of Procedure: Unlawful Detainer, Section 1160 tlu'~mgh 1179n. Lays out the process for evictions. Note that Section 1161 defines when a tenant is "guilty of unlawful detainer" which in effect describes the basic notice options in California. I Tbe Stole ~ C~lifornia law~ th~ a~ mlmmed in Ibis manual ate done so with I~e ~ ~ S Comi~my pub~isbe~ Cali/orma Codes: CJ~41 C~ (1995 Compecl Edition) and W#~'s Ca~(fomia C~s: Cad¢ o~ Civil praceds~re (1995 Ccmq~c~ Editioe). Well Publis~in$ Company, c~n be macbed al P.O. Box 64526. SL PauL MN 55164, phone: (612) 687-'/000. RES~JRCES Landlord Training Program City of San Bemarchno 88 RESOURCES