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Page 3 Page ‘No Guns Allowed in Apartments’? Guns Allowed ‘No Can aLandlord’s LeaseSpecify well as the national average of average 1.5 national the well percent. as of average as 3.5 state percent the leads $1,089 for atwo-bedroom. and apartment at $874 for aone-bedroom stand Phoenix in rents median Currently, year. last time same the to comparison by 3.7 moderately in percent increased have and month, over past the percent List. Apartment from report recent most the to according November 2017, in was declined rents time last –the for months 21 straight growth in the Phoenix metro. Phoenix the in growth E A C Statute 624.714Statute Minnesota guests. their or by tenants or ofpossession fi carry the lawful rearms properties: atrental guns and landlords regarding Journal. Housing Rental with interview an in said Dobbins specifihave laws, c governments local or and/ state their of aware whether be to properties. rental owned privately in by tenants general in possession gun on and my apartments,” in guns “no saying, regarding mandate can landlords Phoenix RentsUpfor 21stMonth B clause in the lease. Tennessee Statute § Tennessee Statute lease. the in clause a through imposed be may a prohibition Such premises. leased a fiwithin rearms possessing from permits, carry handgun who hold those including tenants, prohibit PARTMENT Y Phoenix’s year-over-year growth rent 0.3 have increased rents Phoenix increasing have been rents Phoenix Chandler has seen the fastest rent rent fastest the seen has Chandler HANDLER • • laws specific have states four Only need managers property and Landlords of issue what the on laws vary State AST J Published In Conjunction With: Conjunction In Published Minnesota Tennessee OHN V T Short-Term Rental Laws Short-Term Rental Rethinking Arizona RIPLETT L ALLEY IST R : A landlord cannot restrict restrict cannot : Alandlord : A private landlord can can landlord : Aprivate ENTS R F LAT EPORT rentalhousingjournal.com stand at$1,155stand for aone-bedroom year-over-year. by 6.3 percent sharply however, up month, are past the they 175.60(21)(b). § Wis. Stat. possessed. be cannot or can of aweapon where maze complicated Housing Act 1974Housing Tennessee 55-248.9.6. Rental –Virginia for tenants possession gun on restrictions from landlords 39-17-1307(b). Currently, median rents in Chandler Chandler in rents median Currently, fl remained have rents over at Chandler • • Page 4 Page Virginia Wisconsin : Public housing prohibits prohibits housing : Public : This state has a has state : This on Renters, Deal Expansion Deal on Renters, to Focus Meeting AZREIA • Rental Housing Journal, LLC Journal, Housing •Rental well as the national average of average 1.5 national the well percent. as of average as 3.5 state percent the leads Chandler’s year-over-year growth rent $1,439 and apartment for atwo-bedroom. that are silent. silent. are that of states six the are Washington and Utah, Oregon, Colorado, Arizona, California, issue. the on do to want they what choose can providers housing private that meaning said, Dobbins issue, the For instance, Virginia law sayspublic Virginia For instance, on silent generally are states other All See ‘Phoenix’See on Page 8 See ‘Can’See on Page 10 SEPTEMBER 2019 Page 6 Page R H J A

2 R H J A · S R H J A Sponsored Content Questions to Ask When Investing in DSTs BY STEVE HASKELL 1031 options on the DST provider’s platform price than it was originally purchased. is often misrepresented by the DST provider. Vice President, Kay Properties and SHOULD I DIVERSIFY MORE? Investments They claim, “these are the only properties that passed their due diligence” when in actuali- It would be suspicious if an advisor encour- Investors often approach Kay Properties and ty their lack of options is the result of lack of aged her client to invest all his money into Investments to expand their investment re- business volume necessary to put the time, one stock no matter how exciting the projec- search into Delaware Statutory Trusts (DSTs) effort and resources into analyzing and visit- tions. This same wisdom applies to DSTs. after speaking with a friend, registered rep, or ing the many different DST properties for sale Kay Properties and Investments encourages advisor about the opportunity. Unfortunately, by the many DST sponsors in the space. our clients to diversify by asset type, asset we continue to discover that whoever is ad- class, geography, and sponsor. Additionally, vising the client has been providing incorrect WHY DID YOU SELECT TO REPRESENT investing in one DST with multiple properties or incomplete information. DSTs are sophis- THOSE SPONSORS ON YOUR PLAT- does not equate to a well-diversified portfolio ticated investment vehicles that require a FORM? as we have seen portfolio DSTs whereby one niche expertise. We have developed a series We often hear from clients that their DST bad property dragged down the returns of the of questions for investors to ask their DST provider told them to go with a specific entire portfolio. 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WHAT HAPPENS ties licensed team member is often involved Properties will not offer these asset classes IF I WANT TO BE DEBT FREE LATER? in more DST exchanges in a single year than to our clients), mystery shopping each prop- Most DST properties in the market are lever- many DST providers do in their entire career. erty, 3rd party reports and market analysis, aged at approximately 50-60% Loan to Value. It is critical for a DST provider to see various sensitivity analysis and stress test on cash This is fine for investors needing to replace types of deals and DSTs in order to gain an flow assumptions, and lease audits. Many debt due to the 1031 exchange guidelines, understanding of the potential risks to avoid financial advisors selling DSTs are only one or however for those investors that are selling and help the client capture potential opportu- two man/woman shops that do not have the their properties debt free we would advise a nities. 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Therefore, they When inquiring about Sponsors track record, now no longer have the luxury of staying debt rely on the few large companies in the indus- many advisors will only provide general and free. Many investors want to reduce their risk try with resources to spend on marketing, often ambiguous statistics that require un- potential, unfortunately we see many finan- fancy lunches, and a suave financial advisor packing to understand. The client should ask cial advisors forcing their clients into DSTs wholesaler network (the DST sponsor com- her advisor how many times the sponsor sold with high leverage. This is often because the pany sales people that meet with financial a property for less than they purchased the financial advisor does not have any debt free advisors and pitch them their companies DST property. It is also important to find out how DST products available. If you already paid products and in turn the financial advisor then many of the Sponsor’s DSTs have missed off your property you would be well advised pitches the DSTs to his or her clients). As a their cash flow projections. For example, we result, the client may miss out on other DST often see a Sponsor display a positive Annual to stay debt free and only purchase all-cash investments potentially more suitable for the Rates of Return (ARR), which includes both debt free DSTs. client. We often find that clients over concen- cashflow as well as property appreciation av- For free consultation with a licensed pro- trate by placing large exchanges in just 1-3 eraged over the lifetime of the DST. However, fessional at Kay Properties and Invest- DSTs, when the client would be more suited they often refrain from informing their clients ments, email [email protected] or call diversifying into 5-10 DSTs. The lack of DST that that the asset was actually sold at a lower 760.533.7820.

About Kay Properties and Investments, LLC: considering any investment. IRC Section 1031, IRC Section 1033 and Kay Properties and Investments, LLC is a national Delaware Statutory IRC Section 721 are complex tax codes; therefore, you should consult Trust (DST) investment firm with offices in Los Angeles, San Diego, your tax or legal professional for details regarding your situation. This San Francisco, Seattle, New York City and Washington, D.C. Kay material is not intended as tax or legal advice. Properties team members collectively have over 114 There are material risks associated with investing in real estate, years of real estate experience, are licensed in all 50 Delaware Statutory Trust (DST) properties and real estate securities, states, and have participated in over $7 billion of DST including illiquidity, tenant vacancies, general market conditions and real estate. Our clients have the ability to participate in competition, lack of operating history, interest rate risks, the risk of new private, exclusively available, DST properties as well supply coming to market and softening rental rates, general risks of as those presented to the wider DST marketplace, owning/operating commercial and multifamily properties, short-term with the exception of those that fail our due-diligence process. To learn more about Kay Properties please visit www.kpi1031. leases associated with multi-family properties, financing risks, potential com. adverse tax consequences, general economic risks, development risks and long hold periods. There is a risk of loss of the entire investment This material does not constitute an offer to sell nor a solicitation of an principal. Past performance is not a guarantee of future results. Po- offer to buy any security. Such offers can be made only by the confi- tential cash flow, potential returns and potential appreciation are not dential Private Placement Memorandum (the “Memorandum”). Please guaranteed. For an investor to qualify for any type of investment, there read the entire Memorandum, paying special attention to the risk sec- are both financial requirements and suitability requirements that must tion prior to investing. This article contains information that has been match specific objectives, goals and risk tolerances. obtained from sources believed to be reliable. However, Kay Properties and Investments, LLC, WealthForge Securities, LLC and their repre- Securities offered through WealthForge Securities, LLC. Member sentatives do not guarantee the accuracy and validity of the informa- FINRA/SIPC. Kay Properties and Investments, LLC and WealthForge tion herein. Investors should perform their own investigations before Securities, LLC are separate entities.

R H J A · S 3 R H J A Arizona Rethinking Short-Term Rental Laws

RENTAL HOUSING JOURNAL Arizona Governor Doug Ducey says lawmakers may have to reconsider current short-term rental laws in the upcoming legislative session after multiple complaints from some neighborhoods and smaller communities, including Sedona. “I’ve heard the most feedback from Sedona and this idea of ‘party houses’,” Ducey told reporters. “So, I do think there are things that we can address in terms of public policy at the legislative level. We’re going to revisit that in this upcoming session.” Sedona Assistant City Manager Karen Osburn in July presented a graphic showing hundreds of short-term rentals that have sprung up in Sedona, according to the Red Rock News. “What we are experiencing is really a colossal change in character of the community,” Osburn told a meeting in July. “When you have this kind of saturation and homes are converted to short-term rentals and residents are replaced with visitors, when you leave your home and toward the concentration of short-term rentals in some Blanc said the bill doesn’t go far enough. She go for a walk in your neighborhood, you don’t recognize communities where longtime residents face a diffi cult suggested that cities be permitted to limit these rentals people anymore.” time fi nding affordable housing. to houses where the owner is a resident or the house is a second home. According to the Red Rock News, Osburn also “We have a real crisis in Sedona and Jerome,” he told pointed out the domino effect vacation rentals are the newspaper. “However, if you are just a capital investor coming in and changing the neighborhood completely by buying having on Sedona. Many long-term renters are having to Kavanagh said lawmakers also should consider up as many homes as possible so you can continue to move out because the owners are converting the homes reining in projects to convert entire apartment buildings into short-term rentals. The result is a lack of long-term profi t by calling yourself an Airbnb business, then you into vacation rentals to lease on websites like Airbnb. rentals in the area, and those few that are available are should be treated as a hotel,” Blanc told the Arizona Those developers create de facto hotels while removing often too costly for those in the workforce. Because of Capitol Times. long-term housing from the market. that, businesses are fi nding it diffi cult to fi nd employees “It’s really digging in to where the specifi cs are and willing to commute to town Some other legislators were not happy with HB 2672. how we fi x it without wholesale change in terms of what Arizona, with Ducey backing, passed a law in 2016 “What originally was sold as a way for empty-nesters citizens can do if they want to legitimately rent out their barring local communities from prohibiting short-term and other owner-occupants to make extra money by home during the Phoenix Open or some other event vacation rentals. New legislation taking effect in August, renting a spare bedroom to a foreign tourist has become during spring training,” Ducey said. House Bill 2672, lets municipalities limit special events, a multi-billion dollar industry that heavily caters to large When it comes to investors buying multiple homes like weddings, at vacation rentals. groups and special events where entire homes are rented to turn into vacation rentals, the governor added: “If Rep. John Kavanagh, R-Fountain Hills, sponsor of out and treated like bars and concert halls,” said Rep. someone wants to buy multiple homes, that’s something HB 2672, told the Arizona Republic that lawmakers Isela Blanc, D-Tempe, in an interview with the Arizona I want to dig into deeper and fi nd out where the problem should take up the issue again next year with an eye Capitol Times. lies.”

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4 R H J A · S R H J A

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R H J A · S 5 R H J A Investment Trust Buys Chandler Complex RENTAL HOUSING JOURNAL President and CEO of JLL Income according to the release. with walkable access to the live-work- JLL Income Property Trust has Property Trust, said in the release. Summit at San Marcos is located at play experience of Downtown Chandler acquired the Summit at San Marcos, “This investment brings our the intersection of several of Arizona’s and direct proximity to the San Marcos a newly-developed 273-unit award- aggregate apartment allocation to nearly most prominent thoroughfares providing Golf Course. winning urban garden-style Class A $900 million, with 3,400 total units access to the Greater Phoenix area with The apartment community’s common apartment community in Chandler, representing 32 percent of the value of the centers of employment including the area amenities include a swimming Price Corridor (Intel, Wells Fargo, BofA, according to a release. JLL Income Property Trust portfolio.” pool and spa, private cabanas, fi re pits, Paypal), ASU Research Park (JPMorgan Chandler is within the area of Phoenix barbecue grills and a putting green. “The city of Chandler, and more Chase, GoDaddy), and the West Chandler dubbed “The Silicon Desert” which broadly Phoenix’s strong market Corridor (Intel, Verizon, ADP). The clubhouse features a demonstration fundamentals, favorable business has seen an infl ux of technology and kitchen, a fi tness center and a tech café. environment and attractive demographics fi nancial companies benefi tting from The property is also located in the JLL Income Property Trust is an coupled with Summit at San Marcos’s a lower cost of doing business, a more highly desirable Chandler Unifi ed School institutionally managed, daily NAV REIT location in an outstanding school district affordable higher quality of life and a District which has attained LaSalle’s that gives investors access to a growing make this acquisition an excellent fi t with strong and growing talent pool. The city Silver Level ranking, and is rated #1 in the Phoenix area and #2 in all of Arizona JLL Income Property Trust’s suburban hosts an Intel corporate campus, multiple portfolio of commercial real estate by Niche, according to the release. apartment strategy,” Allan Swaringen, semiconductor and electronic component investments selected by an institutional manufacturing fi rms while the broader Completed in 2018, Summit at San investment management team and Phoenix market continues to expand with Marcos features premium interior sponsored by one of the world’s leading AZREIA over 300,000 jobs in a 10-mile radius, fi nishes and luxury amenity packages real estate services fi rms. Meeting Set Tucson Rents Steady While Marana Rents Grow APARTMENT LIST for Sept. 9 Tucson rents have remained fl at over the past month, however, they are up slightly The September monthly meeting by 1.9 percent year-over-year, according of the Arizona Real Estate Investors to the latest report from Apartment List. Association will be from 5:15 to 9 p.m. Sept. 9, 2019, at the Celebrity Currently, median rents in Tucson stand Theatre at 440 N. 32nd Street in at $711 for a one-bedroom apartment and Phoenix. $944 for a two-bedroom. Tucson’s year-over-year rent growth lags the state average of 3.5 percent but exceeds the national average of 1.5 percent. The focus will be about Marana rents have increased 0.3 understanding who is renting percent over the past month, and are up your income property, fi nding sharply by 6.3 percent in comparison to more deals and unique ways to the same time last year. expand your deal structuring and Currently, median rents in Marana negotiation strategy. stand at $1,170 for a one-bedroom David Pickron will share the apartment and $1,502 for a two-bedroom. results of an in-depth study on The city’s rents have been increasing the characteristics and makeup of for 15 straight months; the last time rents renters in Arizona to help landlords declined was in May of last year. understand their tenants. Marana’s year-over-year rent growth Chris McClatchey will discuss leads the state average of 3.5 percent as ways to target different sources of well as the national average of 1.5 percent. supply and how to negotiate unique and creative ways so that investors get the deal. This is sure to be yet another timely and information- fi lled meeting for Arizona real MORE RENTAL TRENDS ON estate investors. PAGES 8-9

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6 R H J A · S R H J A

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R H J A · S 7 R H J A Phoenix Leads in Year-Over-Year Rent Growth

Continued from Page 1 signifi cantly by 4.4 percent in comparison to the same time last year. GILBERT RENTS DECLINE Currently, median rents in Mesa stand Gilbert rents have declined 0.8 percent at $900 for a one-bedroom apartment over the past month, but have increased and $1,122 for a two-bedroom. The city’s signifi cantly by 4.0 percent in comparison rents have been increasing for 21 straight to the same time last year. months; the last time rents declined was in November 2017. Mesa’s year-over-year Currently, median rents in Gilbert stand rent growth leads the state average of 3.5 at $1,194 for a one-bedroom apartment percent as well as the national average of and $1,488 for a two-bedroom. 1.5 percent. This is the second straight month that the city has seen rent decreases after an SCOTTSDALE RENTS UP increase in June. Gilbert’s year-over-year rent growth leads the state average of 3.5 SIGNIFICANTLY percent as well as the national average of Scottsdale rents have increased 0.4 1.5 percent. percent over the past month, and have increased signifi cantly by 4.1 percent in MESA RENTS UP MODERATELY comparison to the same time last year. Mesa rents have increased 0.3 Currently, median rents in Scottsdale percent over the past month, and are up See ‘Rent’ on Page 9

Are Ceiling Fans Worth it in Your Rental Properties? INDUSTRIAL-SIZE MESS Continued from Page 1 WHAT CAN GO WRONG AND AT YOUR PROPERTY? around the room, not making anything NEED MAINTENANCE? cooler (though it may feel cooler because • Wobbling - Over time, ceiling fans of the air moving across your skin). can start to wobble. There are balancing Call the Experts in kits made to fi x this specifi c issue. ARE THERE ANY NEGATIVES • Noise - When ceiling fans are making Property Cleanup for TO CEILING FANS IN RENTAL excessive noise, it is usually due to PROPERTY? a loose part, or a sign that it needs the Toughest Jobs: lubrication. Try tightening up any Ceiling fans need routine maintenance fi xtures or lubricating the motor. in your rental property, so be aware of • Crime Scenes these things: SO, ARE CEILING FANS WORTH • Suicides • Inspecting – This should happen at least once a year to ensure everything IT IN YOUR RENTAL PROPERTY? • Bio-hazardous Waste is working correctly. An inspection of When looking at the positives and • Mold Remediation the ceiling fan is fairly easy using a negatives of ceiling fans, the cost of ladder. a fan and the small amount of routine maintenance seems worth it if you are • Homicides • Cleaning - While inspecting the fan, able to save money on energy costs. • Trauma you will probably notice a layer of dust. Dust accumulation can reduce airfl ow, Keep in mind that landlords or tenants • Hoarding make the fan work less effi ciently, and are only able to save energy by coupling have a negative impact on your health ceiling fans with air conditioning and or the health of your tenants. When raising the thermostat four degrees Crime Clean AZ cleaning the blades, make sure not to higher. use a product that will take away the 20+ Years of Quality, Reputable and fi nish. EXTRA TIPS FOR CEILING FANS Reliable Service. Available 24/7. • Lubrication - Check with the guide • Don’t leave the fan running 24/7. Turn Insured • Bonded • Certified • Permitted that came with your ceiling fan before it off when no one is in the room. adding any lubrication. • Make sure the ceiling height is at least Typically, you make sure the fan is eight feet. (602) 692-3492 turned off before adding 4-6 drops • Ceiling fans can also to warm rooms of lubrication oil to the small hole in the winter by fl ipping the switch that www.crimeclean-az.com located near the motor. Some models reverses the direction of the rotation. ROC 236011-L61 ROC 274258-B3 ADEQ Permit #TR070011-02 are maintenance-free and don’t require This makes the air move up toward the lubrication, so make sure to check ceiling, forcing warm air down into the which kind of model you have. room.

8 R H J A · S R H J A

Rent Growth in West Valley Mostly Trending Upward Continued from Page 8 Tempe’s year-over-year rent growth year-over-year. Currently, median rents LENDALE RENTS UP stand at $1,081 for a one-bedroom leads the state average of 3.5 percent G in Goodyear stand at $1,143 for a one- apartment and $1,347 for a two-bedroom. as well as the national average of 1.5% SIGNIFICANTLY bedroom apartment and $1,424 for a percent. Glendale rents have increased 0.5 two-bedroom. Goodyear’s year-over-year Much like Phoenix, Scottsdale rents rent growth lags the state average of 3.5 percent over the past month, and are up have been increasing for 21 straight percent as well as the national average of moderately by 3.5 percent in comparison months; the last time rents declined was WEST VALLEY REPORT 1.5 percent. in November 2017. Scottsdale’s year-over- to the same time last year. year rent growth leads the state average of PEORIA RENTS INCREASE Currently, median rents in Glendale SURPRISE RENTS INCREASE 3.5 percent as well as the national average stand at $934 for a one-bedroom Peoria rents have increased 0.8 percent of 1.5 percent. apartment and $1,163 for a two-bedroom. SHARPLY over the past month, and have increased This is the eighth straight month that the Surprise rents have increased 1.2 moderately by 3.8 percent in comparison TEMPE RENTS UP 1.2 PERCENT city has seen rent increases after a decline percent over the past month, and are up to the same time last year. in December of last year. moderately by 2.2 percent in comparison Tempe rents increased 1.2 percent over Currently, median rents in Peoria stand to the same time last year. the past month, and are up signiﬁ cantly Glendale’s year-over-year rent growth Currently, median rents in Surprise by 5.2 percent in comparison to the same at $1,167 for a one-bedroom apartment is on par with the state average of 3.5 stand at $1,112 for a one-bedroom time last year. and $1,454 for a two-bedroom. The city’s percent but exceeds the national average rents have been increasing for 21 straight of 1.5 percent. apartment and $1,385 for a two-bedroom. Currently, median rents in Tempe stand months; the last time rents declined was This is the second straight month that at $977 for a one-bedroom apartment in November 2017. the city has seen rent increases after a and $1,218 for a two-bedroom. This is GOODYEAR RENT TRENDS FLAT decline in June. Surprise’s year-over-year the seventh straight month that the city Peoria’s year-over-year rent growth Goodyear rents have remained ﬂ at rent growth lags the state average of 3.5 has seen rent increases after a decline in leads the state average of 3.5 percent as over the past month, however, they percent but exceeds the national average December of last year. well as the national average of 1.5 percent. have increased slightly by 1.2 percent of 1.5 percent.

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R H J A · S 9 R H J A Can You Put ‘No Guns in Apartments’ in Lease? Continued from Page 1 “You can stop that kind of behavior assisted housing must respect a tenant’s you have a law that says ‘landlords can cold in the common areas altogether, constitutional right to bear a fi rearm. prohibit gun possession in an apartment landlords cannot use a prohibition clause so go ahead and put something in your However, the housing authority can still unit in a lease,’ well, how are you possibly in their lease, and it does not require that lease to stop it in the common areas. prohibit fi rearms in common areas. going to enforce that? You don’t know a gun-free zone sign be applied or present Prohibiting the display of weapons in what a tenant brings into the property,” on the property. But non-governmental landlords, with the common area, or even in the unit no applicable state or local laws, have Dobbins said. “Now in Minnesota, they have a where handling or showing of a weapon the right to do want they want on their “You don’t know what a tenant is going different law. Generally, private landlords that can be seen on the inside from the own property regarding fi rearms. “So, a to have in their home. You don’t know may not restrict the lawful carry of outside, will help protect against liability private landlord can say, ‘No guns in my if they have weapons in their apartment fi rearms by tenants,” Dobbins said. “All issues and insurance/liability issues and apartments’ or any weapon possession in unit. You can’t really go in and inspect the other states are silent on whether help avoid possible Second Amendment the rented apartment unit’. But a non- for weapons. If they have a safe, you can’t private landlords can prohibit tenants challenges.” government tenant can also say, ‘Well, I go look in the safe to see if they have from carrying weapons or possessing have a constitutional right to a weapon to weapons. Even if a state has a rule that weapons on the property.” WHAT ABOUT PROHIBITING protect myself.’ However, that case has says you can prohibit weapons, there’s no not been heard yet,” Dobbins said. He Unless your landlord is a government TENANTS FROM HAVING practical way to enforce that prohibition. entity, like a city or state agency or believes the issue will eventually be heard “The second issue then becomes really FIREARMS IN THEIR public housing, or receives state or because “someone is going to fi nally get important: ‘Do you really want to be the federal funding for rental assistance on APARTMENT UNITS? that case to the Supreme Court.” case of fi rst impression?’ Meaning, do the property, the Second Amendment “Generally, a private landlord can do The predicament for any landlord on you really want to be the landlord who is unlikely to apply. However, private that too, but there are a wide variety of this issue is this: ”If I allow fi rearms takes on some attorney and a Second housing providers prohibiting tenants issues to think about when you do so,” and someone on the property gets hurt, Amendments rights issue because the from possessing fi rearms in a residential Dobbins said. am I liable?” The answer is “Mmaybe.” landlord says you can’t have a gun in your rental unit raises other constitutional and And, “If I prohibit a tenant from having own apartment unit to protect yourself? “Most states have not made a decision insurance issues. a fi rearm on the property and that tenant We have all seen lately that mentally ill whether or not to attempt to prohibit the or his family, occupant or invitee is hurt; people, criminals, and terrorists can get constitutional rights of a citizen who and had that tenant had a fi rearm, they guns. Look at Chicago, which arguably CAN A LANDLORD IMPLEMENT A wants to have a weapon in their rental may not have been hurt, am I liable?” has the toughest gun laws in the U.S. unit for their own protection. What that ‘NO-FIREARMS’ PROVISION IN A Again, the answer is “maybe.” Every Simply put, bad guys still get guns and means is that leaves it up to the private situation is fact-specifi c. cause havoc,” Dobbins said. No one is LEASE AGREEMENT? landlord to make a decision about their going to stop a mental ill person, or an evil “Generally, the answer is yes. But, I own property,” he said. “From a practical point of view on the person from bringing a gun anywhere. think we need to take the most practical liability issue, let’s say a landlord says, “Yes, a private landlord can say, ‘We approaches we can for all the issues ‘No weapons possession in the rented “So, why should a private landlord have prohibit all tenants from possessing a surrounding the question,” Dobbins said. apartment unit.’ The tenant moves in a such a prohibition where concerned weapon anywhere on the property.’ The and he wants to possess a weapon in the tenants cannot possess a gun in their “I would simply say to private housing private landlord can make that decision rented apartment unit but he decides to rented apartment unit? A private landlord landlords that you have more issues to be because there hasn’t been a case yet that live there without possessing a weapon. does not want to become that trial case for concerned about than just whether or not draws the Second Amendment into the Now somebody breaks into his home and a tenant who says, ‘Wait a second. I have you can implement such a “no fi rearm” private-landlord decision-making process kills his wife and his kids and he didn’t a Second Amendment right to carry and policy. Look, the real issue that you want on the issue, as has happened with Fair have a weapon to protect himself and his to have weapons to protect myself and my to protect against is tenants having guns Housing issues like race, color, national family. I don’t want to be that landlord family.’ willy-nilly, or just being carried around origin, familial status, religion, gender, who says ‘No guns in my apartments’ “The landlord says, ‘Well, having a and shown off on the property common age, military status and Americans with because I don’t want to get sued because weapon on a private property is not a area disabilities.” Therefore, government I took that personal constitutional right protected class like the protected classes away,” Dobbins said. listed above. Having a right to possess “The landlord is going to say, ‘He a weapon in one’s apartment unit is not agreed to it and he moved in.’ Of course, a current enumerated protected class,” the person who had their family killed Dobbins said. is going to say, ‘Yeah, but I still had a “But, I tend to disagree with those right and you made me not have a gun people who say it’s not a protected and took away my Second Amendment class, because it is clear that there is a constitutional rights to protect my family.’ constitutional “personal right” to bear “I don’t want to be that landlord,” arms – period. The protected classes Dobbins said. On the other side, if in the housing arena listed above are all 5 REASONSREASONS TO TO USE RENTEGRATION weapons are allowed on the property federal mandates. Well, an enumerated and someone gets killed or injured by a constitutional right in my mind is the 1. Access -USE Rentegration.com RENTEGRATION is a web 4. Management Database - Rentegra- 5 tenant intentionally, or even negligently, same thing. A court case will determine tion.com is an easy to use, database driv- based, multi-user software o ering cus- from a discharge of a weapon on the tomers 24/7 access to forms generation, en software. Most form elds are auto that issue in a landlord-tenant relationship archives,1. Access property - Rentegration.com management datais a- populated4. Management from the Database database. - RenteThe mod- - property, even while inside their own at some point.” base,web basic based, accounting, multi-user vendor so ware ordering oer- ulesgration.com are all integrated is an easy toand use, work database together. apartment unit, you know the attorney ing customers 24/7 access to forms driv- en so ware. Most form elds are and other services. For example, a customer can use the rent- for the injured person is going to go after LET’S BACK UP AND LOOK generation, archives, property man- rollauto function populated to fromidentify the alldatabase. delinquencies, e the deep pockets of the landlord, manager 2. Rentalagement and data- Lease base, Forms basic -accounting, Unlimited mod- ules are all integrated and work apply fees, and create eviction forms with and their insurance money. By the way, AT THE ISSUE use vendorof a full ordering line of andstate other specic services. rental together. For example, a customer can a few simple clicks of the mouse. you better check your insurance policy Dobbins suggested looking at two and 2.lease Rental forms. and Lease All Rentegration.com Forms - Unlimit- use the rent- roll function to identify 5. Value - Large property management and fi nd out what is and is not covered Second Amendment cases that he thinks formsed useare ofcreated a full line by of stateattorneys specic and/or rental all delinquencies, apply fees, and cre- companies that use Rentegration.com make the tenant’s right to a weapon in the localand rental lease housing forms. Allassociations. Rentegration.com ate evictionColor forms Standards with a few for simple National Tenantregarding Network this Logo issu. for only forms generation will save time forms are created by attorneys and/or clicks of the mouse. tenant’s apartment unit a personal right, 3. Simplied Accounting - Owners • Logos are provided on the CD in all three forms: “It is an ugly Catch 22,” Dobbins said. local rental housing associations. and5. Value money - Largeover propertyother methods. manage -Mid and thus, a protected class. and managers can track income and ex- and smallall black, size reversed property to white, ormanagers in PMS 280 Blue/PMS and 7543 Gray spot or 4/color applications. ment companiesPlease see below that for specific use use Rentegra examples. - “It is possible that if a landlord has a pense3. for Simplified each unit, Accounting property and - Ownerscompa- independent rental owners can manage “Here’s what we know. The federal tion.com• No forother colorsonly are forms acceptable generation for use for the logo. no-weapons policy in the lease that the ny. Perfectand managers for mid andcan smalltrack sizeincome property and their entire business at a fraction of the government can impose some restrictions will save• No time altering and of the moneylogo is allowed. over If you other have a special circumstance that requires something not managersex- pense and for independent each unit, property rental own and- landlord will immediately become a costmethods. of otherprovided Mid software on and the CD, small please and sizecall forms. NTN proper NATIONAL- HEADQUARTERS 1.800.228.0989 for assistance. on gun possession. There have been a ers, whocompa- neither ny. Perfect have the for need mid orand budget small target by a victim of a tenant shooting ty managers• Logos should and not independent be put over a busy background.rental lot of debates over time as to what the for larger,size property more expensive managers software. and indepen- injury claiming the landlord should have owners can manage their entire busi- dent rental owners, who neither have known about the tenant’s possession of Second Amendment means because it has ness at a fraction ofBLACK the cost of other WHITE (with 40% gray circle) the need or budget for larger, more ex- the weapon and should have taken steps a phrase in it regarding militias and it also pensive so ware. so ware and forms. STATE SPECIFIC FORMS FOR to remedy the possession, although not at talks about ‘the people’s right’ as opposed ARIZONA,Exclusive CALIFORNIA, Industry Partner COLORADO, of all practical. If there is no prohibition for to a ‘person’s right.’ There’s been this idea that the ability or the right to bear arms INDIANA, KENTUCKY, NEW JERSEY, tenants having weapons, then all tenants know of the ‘no-prohibition’ standard, is not a personal right. Rather, that it is a NEW YORK, OREGON, PENNSYLVANIA, and in my opinion, the risk to the landlord right of the people for a prepared militia. TEXAS, UTAH, WASHINGTON & MORE. diminishes not just for injuries to others, “This issue came up in a case in the but for constitutional claims.” U.S. Supreme Court in 2008. It’s called ExclusiveState specific BlueIndustry PMS rental 280/Gray andPartnerPMS 7543 lease of: PMS 280/PMS 7543 over color

OR-RTG-20 Oregon the Heller Case. It dealt with individual CHECK-IN/CHECK-OUT CONDITION REPORT forms available in:

TENANT(S): ______OR-RTG-24 Oregon ADDRESS: ______UNIT: ______WA-RTG-40 Washington CITY: ______STATE: ______ZIP: ______48-HOUR NOTICE OF ENTRY rights to possess weapons. The Heller PET AGREEMENT Rating Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor AK, AZ, CA, CO, DC, DE, FL, GA, IL, TENANT INFORMATION TENANT(S): ______DATE:______SSUES ON HOW NO TENANT(S): ______IN Out DATE:______ADDRESS: ______UNIT: ______I ‘ In Out ADDRESS: ______LIVING AREAS UNIT: ______In Out KITCHEN CITY: ______STATE: ______ZIP: ______CITY: ______STATE: ______ZIP: ______BEDROOM 3 Walls Walls Walls DESCRIPTION OF PET(S)Windows Stove/Racks 48-HOUR NOTICE OF ENTRY Windows IN, KS, KY, MA, NC, NJ, NV, NY, OH, case made it very clear that there is an Blinds/Drapes 1) Type ______Breed ______Size ______Age __ Weight ___ ColorRefrigerator ____ Name ______Pursuant to RCW 59.18.150, this is your 48 hour notice that your landlord or their agents will be Vaccinations: Yes____ No____ License Number: ______Blinds/Drapes Rods WA-RTG-20 Washington Ice Trays entering the dwelling unit and premises located at (Address) 2) Type ______Breed ______Size ______Age __ Weight ___ Color ____ Name ______Rods Floor CHECK-IN/CHECK-OUT______CONDITION REPORT Vaccinations: Yes____ No____ License Number: ______Shelves/Drawer Floor 3) Type ______Breed ______Carpet/Vinyl/Wood Size ______Age __ Weight ___ Color ____ Name ______GUNS IN MY APARTMENTS Disposal on Vaccinations: Yes____ No____ License Number: ______TENANT(S):Light Fixtures ______between the hours of Light Fixtures ’ (Date) (Time) (Time) OR, PA, TX, UT, VA, WA & WV. Dishwasher and Additional Security Deposit Required:$ ADDRESS:Doors/Woodwork ______UNIT: ______. Doors/Woodwork “individual right” to possess weapons as Counter Tops CITY: ______STATE: ______ZIP: ______AGREEMENT Locks The entry will occur for the following purpose: Locks Cabinets ______Tenant(s) certify that the above pet(s) are the only pet(s) on the premises. Tenant(s) RatingCeilings Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor understands that the additionalCeilings pet(s) are not permitted unless the landlord gives ten Sink ______ant(s) written permission. Tenant(s) agree to keep the above-listed pets in the premises Electric Outlets IN Electrical Outlets Out subject to the following terms and conditions: Floor LIVING AREAS In Out KITCHEN In Garbage Cans Walls Out 1) The pet(s) shall be on a leash or otherwise under tenant’s controlWindows when it is outside the BEDROOM 3 Walls tenant’s dwelling TVunit. Antenna/Cable Windows Landlord Phone Blinds/Drapes Walls WOULD BE APPLIED opposed to just a right of the people for 2) Tenant(s) shall promptly pick up all pet waste from the premises promptly. BATH ROOM Stove/Racks Fireplace Blinds/Drapes 3) Tenant(s) are responsible for the conduct of their pet(s) at all times. Windows Towel Bars Refrigerator 4) Tenant(s) are liableCleanliness for all damages caused by their pet(s). Rods Method of Service: Personal Service:Blinds/Drapes 5) Tenant(s) shall pay the additional security deposit listed above and/or their rental Sink & Vanity Ice Trays Floor agreement as a condition to keeping the pet(s) listed above. Rods Post and Mail: Shelves/Drawer * 6) Tenant(s) shall not allow their pets to cause any sort of disturbance or injury to the Carpet/Vinyl/WoodToilet BEDROOM 1 * Add one additional day for complianceFloor if served by post and mail other tenants, guests, landlord or any other persons lawfully onBEDROOM the premises. 2 Disposal LightTub/Shower Fixtures 7) Tenant(s) shall immediatelyWalls report to landlord any type of damage or injury caused by Light Fixtures . Walls Dishwasher their pet. Doors/WoodworkFan (Exhaust) the purposes of maintaining a militia,” Windows Doors/Woodwork 8) This agreement is incorporated into and shall become part of Windowsthe rental agreement exe Counter Tops LocksFloor -cuted between theBlinds/Drapes parties. Failure by tenant to comply with anyrentegration.com part of this agreement Locks 503.933.6437 [email protected] “You run into a few issues in terms Blinds/Drapes Cabinets shall constitute a material breach of the rental agreement. CeilingsElectric Outlets Rods Ceilings Rods Sink Electrical Outlets ______Light Fixtures Electric Outlets Floor Floor Floor Garbage Cans Landlord Tenant Smoke Detectors Light Fixtures ______Windows Light Fixtures TV Antenna/Cable Tenant Essential Services Doors/Woodwork Blinds/Drapes Dobbins said. Doors/Woodwork Fireplace Plumbing BATH ROOM Locks www.Rentegration.comCleanliness 503-933-6437 [email protected] ©2011 NO PORTION of this form may be reproduced without written permission.Locks Towel Bars of how the prohibition can be applied Heating Ceilings Ceilings Electricity Sink & Vanity Electrical Outlets Electric Outlets BEDROOM 1 Toilet Hot Water BEDROOM 2 Walls Tub/Shower Smoke Detectors Walls Windows Fan (Exhaust) ©2009Windows NO PORTION of this form may be reproduced without written permission. ©2011 NO PORTION of this form may be reproduced without writtenBlinds/Drapes permission. See ‘Guns’ on Page 11 Floor Blinds/Drapes in actual practice. For instance, where Rods Electric Outlets Rods Floor Light Fixtures Floor Light Fixtures Light Fixtures Doors/Woodwork Essential Services Doors/Woodwork Locks Plumbing Locks Ceilings Heating Ceilings Electrical Outlets Electricity Electric Outlets Smoke Detectors 10 Hot Water Smoke Detectors R H J A · S Smoke Detectors UNACCEPTABLE COLOR USAGE ©2009 NO PORTION of this form may be reproduced without written permission.

DO NOT change the color DO NOT alter in any way DO NOT put over a busy background

02 R H J A Heller and McDonald cases, yet we need in bad situation, for example: ‘Okay, if Guns or No to make sure that tenants understand, my managers and staff have a weapon and in the common areas especially, if they they use it, am I going to be sued? If they brandish or show a weapon they will be don’t have a weapon and can’t use it, am I Guns Debate evicted. However, I do not think it is a going to be sued?’ If they have a weapon good idea to take away a tenant’s right to and don’t use it, am I going to get sued? possession in their own apartment unit They’re in a real pickle because if they Continues or home. That is just how I personally do allow staff to carry they need to make look at it. Each private landlord has to sure those staff members are very well- Continued from Page 10 make a decision on this subject based on trained, use the weapon when they need “Heller goes on to say that the an analysis of all the factors set forth in to and don’t misuse that weapon. I do not government can impose some possession this article. I suggest you talk to your know of any management company that restriction such as when dealing felons attorney and your insurance broker to wants to tackle that giant.” and the mentally ill. Such people have no make your own decision on the subject is “For me as a property owner I would personal rights because those rights are sound,” Dobbins said. not mandate my staff to possess weapons. stripped for the mentally ill and felons. However, I would not take my staff’s There still remained a question after WHAT ABOUT RESTRICTIONS ON constitutional right to protection away Heller. The question after Heller was, AMMUNITION IN APARTMENTS? either. If the staff lawfully carries a ‘Well, that’s great, but what about the concealed weapon, that is their choice. Can the private sector and private states? How does the federal law impact However, I would not want them to carry landlords say you can only have so much state laws on the subject?’ tenant’s action make it foreseeable that the openly. Again, you have to decide as a tenant may cause harm to another person ammunition? Or no ammunition at all? “In 2010, the McDonald case went landlord how to handle this issue after on the property. If so, then the landlord “Yeah, private landlords can if they before the Supreme Court and that dealt consultation with your attorney and your must take reasonable steps to remedy the want to, but the same factors are at issue with the 14th Amendment, which forbids insurance carrier.” situation. Lozano v. Awi Mgmt. Corp. as for gun possession in a tenant-rented states from passing rules to the contrary (Cal. App., 2016). When weapons are unit,” Dobbins said. of federal law. There were basically four UMMARY allowed on the premises, it is imperative S elements in McDonald that they dealt “Here’s another issue to think about. that the landlord always monitor the “There’s something to the deterrent with: whether there could be a state Let’s say a private landlord prohibits the property to see that the weapons are not factor, whether you have a liberal slant on prohibition against handgun ownership, possession of fi rearms and the private misused, brandished, or unnecessarily guns or a conservative slant on guns. The whether a state could force an annual landlord calls their property now a ‘gun- displayed. Rosales v. Stewart, 169 Cal. facts are the facts,” Dobbins said. gun registration and impose a fee for free zone’ or a ‘weapon-free zone.’ In Rptr. 660, 113 Cal.App.3d 130 (Cal. App., “We just have to deal with them in a annual registration, whether it could be my mind, they’ve done exactly what the 1980). practical way. There are no easy answers required that guns be registered prior schools have done when you call a school to what private landlords should do about to acquisition, and whether a gun could 2. “If you have any fi rearms, you must a gun-free zone. You’ve just opened it up whether or not they allow their tenants be forever unable to be registered if the keep your weapons inside your unit at all to the crazy people and you’ve said, ‘Hey, to possess a legal fi rearm in their own registration lapsed. Those state laws times and out of view of open windows nobody here has weapons. Come over apartment unit or home in the face of were struck down in the McDonald case. and doors, absent legitimate self-defense here and break in. Come over here and constitutional rights, liability issues, Basically the opinion stated that the 14th or the defense of others.” cause havoc to our property because no insurance coverage and individual Amendment applies as to the individual one is allowed to have weapons here and 3. “If you openly bring a fi rearm onto feelings about weapon possession. But, right to possess guns and that states cannot defend themselves. Come in and the common areas you will be evicted. it is an issue that needs deep thought and cannot pass laws that infringe upon that steal from them, rob them, do whatever You must keep your weapon to yourself, consultation with professionals. federal constitutional right. safely tucked away in the private confi nes you want to do with them.’ “I think we need to take the most “So it seems to me that private landlords of your apartment unit or home and not “I think that sets a very bad precedent practical approaches we can for all of forbidding tenants from possessing visible to other tenants, nieghbors or and as a premises-liability expert, I would these issues, having something in our fi rearms in their apartment unit could staff.” say that by doing that you’ve now opened lease that says, ‘keep your weapons be successfully challenged based on the yourself up to say you called yourself a 4. “As a landlord, I say, ‘No weapons in inside’ and ‘if you bring a weapon in Second Amendment and Fourteenth gun-free zone, when it is just not true. the common area.’ This is something that the common area we’re going to evict Amendment, I think, because Heller and You’ve invited bad guys to your property I put in my leases and in my client leases. you.’ Or, ‘no weapon possession allowed McDonald make possession of a weapon and you intentionally, unknowingly It provides reason, accountability and period’ and ‘if we learn you possess a a personal right, which I think makes it a maybe, but still intentionally put your protections for the landlord, the tenants weapon on the property, we are going to protected class,” Dobbins said. and staff. It’s a section called ‘Weapons’ residents at risk of harm. That’s how I look at it. evict you.’ Whatever your choice, make “I guess the simple answer is in those for the lease and this is what it says: sure that it is in writing and cannot be six states that we mentioned … private “Weapons of any kind, including, but “Once you invade someone’s privacy in misunderstood. Have something in your landlords in those states can choose not limited to, dart guns, air guns, BB their home for their own protection and lease on the subject and make it crystal what they want to do, but when a private guns, slingshots, handguns, rifl es, or any their own desires regarding the Second clear.” landlord chooses to ban tenants’ ability to mechanism that could be used to propel an Amendment, now you’re creating some About Denny Dobbins: J.D. “Denny” possess a fi rearm in their apartment unit object that could cause harm to person or issues that you don’t really need to create. Dobbins, Jr. is CrimShield’s and Rent they face the ugly music of liability issues property, are not allowed in the common Even if a landlord has a prohibition for Perfect’s general legal counsel. He and constitutional infringement issues,” areas, are not allowed in the offi ce, are tenants regarding guns or ammo, it’s brings 30 years of experience and a he said. not allowed anywhere on the premises not going to stop someone from having passion for protecting landlords, ten- outside of the actual unit, and are not weapons if they want them in their Dobbins said he would propose the ants, businesses, and communities allowed to be displayed, shown, exposed, apartment unit. So why have the rule at following lease clauses for landlords: to his work. Dobbins works with com- demonstrated, or exhibited anywhere in all? Why take on extra liability and extra 1. “This is a landlord-tenant relationship pany attorneys, managers, landlords the community premises, except in case problems when we know that possessing and the landlord has no control over your and businesses to develop pertinent of self-defense or the need for imminent a weapon in one’s apartment unit or home unit or the home. Tenant has sole control criteria to assess risk factors regard- and immediate protection of residents’ is practically unenforceable? A tenant of the dwelling unit. ing their duties to their tenants, invi- life or property, or for self-defense or should be able to possess a fi rearm if they tees, and customers. He also testifi es In a sad 2006 Kansas City case where immediate and imminent protection of want one, but if the tenant goes around as an expert on negligence, negligent a landlord rented a single-family home resident, resident’s occupants, guests or bragging about it, or showing it off, that hiring and negligent retention. His the lease agreement expressly gave the invitees’ life, or property. If a resident tenant needs to go. job is to help CrimShield and Rent tenant the right to sole possession of the desires to possess a legal weapon in “Now if a management company Perfect investigators understand the premises, prohibited any member of the resident’s unit, in that case the resident maintenance employee goes in and laws of every state, as each state household from engaging in any illegal must safely and inconspicuously carry he sees a stockpile of ammunition or has different statutes and legal termi- activity on or near the premises, and said legal weapon to and from the weapons, I would immediately contact nology. About CrimShield and Rent prohibited the unlawful discharge or resident’s unit in a manner that resident the authorities and let them deal with it as Perfect: CrimShield and Rent Perfect unauthorized possession of fi rearms, the ensures other residents and staff do not they will,” Dobbins said. are companies devoted to protecting tenant minor child accidently discharged see said weapon. Illegal weapons are Two property managers in Portland companies from negligent hiring and a loaded gun, killing a visitor. The tenant never allowed visibly on the property were shot by a tenant following an negligent retention as well as provid- and the landlord were sued for damages. outside of the unit. If resident or resident’s eviction. Should property managers have ing tools to stop management head- The court indicated that because there occupants do possess a legal weapon in guns? aches, reduce customer complaints was a landlord-tenant relationship where the unit, resident shall be responsible for and eliminate lawsuits. This unique the landlord had no control over the the proper and safe possession, handling “Well, I think we’re getting into that preventative approach to reducing property, the landlord was found NOT and storage of said weapon. Landlord is debate a little bit with one of the remedies criminal activity transforms the way liable. Thompson v. Tuggle, 183 S.W.3d not and shall not be responsible in any that’s been brought up about possibly companies hire and monitor employ- 611 (Mo. App., 2006). way to resident, occupants, guests, or arming teachers. For many years no in Israel the government trains and allows ees, contractors, vendors and volun- However, in a multifamily setting, invitees for any accidental, negligent, trained teachers to be armed. Israel has teers. CrimShield and Rent Perfect when the landlord is aware of, or should be or intentional act involving any weapon no problem with gun violence in schools help companies assess potential risk aware, that tenant has a weapon, and the or discharge thereof on, near, or off the because everyone knows the teachers are and implement easy-to-use solutions tenant acts erratically, then the landlord property.” not only armed, but they’re trained. for businesses who have close inter- must analyze the landlord’s duty to the “That’s my clause,” Dobbins said. “It actions in the homes or offi ces of their tenants for reasonable safety and make a covers a lot of ground because I don’t want “Now that’s something for management customers, and for landlords of every determination with its legal counsel if the to take away tenants’ right under after the companies to decide because they’re put type in landlord-tenant relationships.

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