Housing Tips - Summer 2007 E-mail

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tips



Mediation For Results  
A program of Just-A-Start Corp.
Summer 2007   Issue #1

In this issue ...

Lessons in Avoiding a Crisis

Are you a good Landlord?


Features

What's New in Housing?

Partner Focus:  
 
M.B.H.P.
 

Bridging the G-A-P
Tenants & Owners

Resources:

 It's the Law!

 

Welcome!

 This is the first issue of our e-newsletter housing tips

 - If you are a landlord or property manager this e-newsletter will help you to enhance your skills and get better results. 

 - If you are a tenant or resident you will find helpful tips and information to make your rental experience more positive and affordable.

 Mediation for Results (MFR) serves as a bridge between thousands of landlords, property managers and tenants. 

 Through our mediation, coaching, training and other support services we know what it takes to prevent or resolve the disputes that interfere with smooth tenancies.  We also know that every situation is unique, so you are invited to make this newsletter your own. 

When you read this newsletter, tell us what works, what doesn’t and what would be helpful to you.  

www.mediationforresults.org

Crisis Avoided?
What to do when your contractor upsets your tenant! 

Five Lessons that just might save the day!

 

 Late one Friday afternoon the landlord’s electrician showed up unannounced at a tenant’s apartment to complete a job.   Unfortunately, he walked right into a room where the tenant was dressing!  The electrician fled under a hail of screams and threats.  

 Things got worse when the tenant tracked him down a few minutes later in the lobby. Just as this irate tenant was raising his voice and fist, the property manager entered the building and broke it up.  Although fighting words continued, the immediate crisis was averted.  That’s when the landlord was called.  

Although the landlord was occupied when she got the call, this took precedence.  She first needed information.  Her electrician, whom she reached first, described how ‘innocent’ his mistake was and how over-reactive the tenant was to the access.  The tenant had a different story, however.   It was bad enough that the electrician had entered his room without checking but he never apologized!  In the back of the landlord’s mind was the real possibility that this tenant might take legal action, threaten rent withholding or possibly move out, all unpleasant options to consider.  

Lesson 1:  Move quickly.
This landlord wasted no time.  She cancelled her plans for the evening and contacted the parties immediately.  Making sure the tenant is contacted right away is a critical ingredient for restoring trust and respect and avoiding unnecessary escalation.

Lesson 2:  Give the tenant a chance to talk and vent.
However minor the issue, letting tenants and others involved speak their minds freely is time well spent.  Venting doesn’t necessarily mean agreeing with the tenant.  It does mean giving the tenant a chance to speak, uninterrupted.   Given how privacy rights had just been breached, this tenant had reason to be angry.  In this case the tenant took over 20 minutes to let off steam but he eventually became calm, willing to cooperate and able to listen.   

Lesson 3:  Be willing to apologize in words and action.
Although the landlord didn’t (or couldn’t) offer to repair the wrongs caused by the access, he did offer his apologies, caring and respect.   The landlord also got the tenant a gift certificate for dinner at a local restaurant with an apology note included. 

Lesson 4: Correct the behavior that caused the problem immediately.
Although they had previously developed an access plan, the electrician’s schedule had changed, which led him to take the liberty of “dropping in”.  It is crucial, when access becomes an issue, to re-establish an access plan that builds-in corrective steps when different circumstances occur.   (If the electrician is willing, you could also suggest that he apologize, but you may need to make sure he does this properly! )

Lesson 5:  Reassure the tenant.  
Let the tenant know you have taken corrective steps with the electrician and have a new access plan in place.  Showing a tenant that you have taken tangible steps to prevent a repeat of the problem can be a critical step in rebuilding trust and in improving future cooperation.

So, remember these simple steps the next time a crisis looms: 

1. Act Now
2. Listen
3. Apologize (if appropriate)
4. Correct
5. Communicate


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So, are you a good Landlord?  
Doing well while doing good

At MFR we believe that in order to really succeed landlords need to meet a variety of interests to generate a healthy and consistent income.  But first some questions for you:

  • Do you believe landlords can increase their bottom line while also improving habitability and affordability for the tenants they serve? - We do. 
  • Do you believe your own efforts to do good – where you do business as well as in the wider world -- can make you a more successful landlord?  - We do. 
  • Do you have what it takes to do well by doing good?    

MFR Director Peter Shapiro asks these and other tough questions and offers some surprising answers.

The “Charge” of Landlording

The landlord-tenant relationship concerns one of life’s most fundamental needs: shelter.  Throughout history, the nature of this relationship has been highly adversarial and also quite cozy.  Although their needs can greatly diverge over issues like what to charge for rent or what level of habitability is acceptable, landlords and tenants also depend heavily on each other in several respects.   Both parties need each other to:

  • Enter into a tenancy contract, accepting common ground and mutual obligations from the start 
  • Be reliable and cooperative in fulfilling these obligations over weeks, months and years
  • Share accountability and responsibility for the upkeep and security of a piece of property

And when it doesn’t work …
But what happens when these needs are not met?   What happens when these responsibilities are not fulfilled?  Some examples of the consequences  – whether intended or not – include living in a freezing apartment for days on end; losing thousands in unpaid rent, damaged property or professional fees; living in fear, losing friendships; and more.  Each can inflict serious costs onto each other when obligations are not met.   There is thus an interdependence built into the landlord-tenant relationship, that is based on these overlapping needs and obligations, and can motivate a great deal of mutual cooperation.

Interdependence
This interdependence however, creates a “charge” that goes beyond what is present in other business relationships, even those in which one or both parties are economically vulnerable.  For example, if a store refuses to extend credit to a customer who has no money or food stamps, that person can get to a food pantry, church program or soup kitchen, or appeal to family, friends or neighbors for help.   Because the supply of food is less restricted, customers are more “mobile” in meeting their needs.

When a landlord evicts a tenant, however, it is with the knowledge that the tenant may not find a decent, affordable housing replacement.   Whether or not a tenant’s circumstances seem “self-inflicted,” the risk of homelessness can weigh heavily on those who provide housing.  And a soft housing market may not provide a soft landing for the tenant, given how much more a ‘home’ can mean to someone.  Whereas for tenants the risks of becoming uprooted and homeless are all too real, for landlords the risk of economic losses or even foreclosure or bankruptcy can also weigh heavily.  The business of landlording has its risks as well as rewards.  

Does being good really matter?
This interdependence also creates opportunities for both landlords and tenants to be on the side of angels.   And contrary to conventional wisdom, most of us like to rise to the occasion. 

You might be the type of tenant that routinely cleans the hallways, front yard and trash area because it is the right thing to do and it creates more beauty.  Perhaps you pay the rent before the first of the month.  You may be someone who changes common area light fixtures, fixes things or tell the landlord about potential maintenance issues, not as a condition for paying the rent, but simply to be more helpful.  Even if the landlord chooses to reward this generosity on your part, everyone benefits when tenants provide such proactive help. 

On the landlord side, perhaps you’re the type that stretches when your tenant owes money.  Maybe you respond at 2:00 am when the tenant’s heating system breaks down.  You might decide to buy a carpet in their favorite colors, or counsel tenants when personal problems interfere with their tenancy responsibilities. Or maybe you are the sort of person who will drive a tenant to a job interview.  

Of course these actions may demonstrate good business practice or human decency. But it is often so “up-close” and personal that it takes on an extra dimension.   We see this type of generosity practiced, no matter how “inconvenient” it may be.  In the real world, people routinely extend themselves to help – and may experience a ‘helpers high’ in the process -- despite an internal voice telling them to bar the door and guard the checkbook!   Because the actual world of landlord-tenant relations raised here is rarely discussed, it demands some attention.

Helping is a balancing act 
As we can see, this interdependence gives both landlords and tenants a tremendous potential to be responsible and genuinely helpful towards each other.   But this potential brings its own set of questions

  • How much generosity is appropriate and productive in a landlord-tenant relationship? 
  • How much flexibility is appropriate in a landlord-tenant relationship? 
  • When might our own acts of flexibility contribute to the long-term improvement of landlord-tenant relationships? 
  • When might they smooth over more significant problems that will only erupt later? 
  • What kinds of responsibility or behavior do we expect from tenants or from landlords as part of this “bargain” and do they understand this expectation?
  • How can we distinguish between helpfulness that inspires a positive response, and helpfulness that furthers a type of “dependency”?  

Through these and other questions, the good landlord experiences a variety of tensions, being pulled along a continuum of responsibility between:

Self -- Family -- Tenants --  Building -- The Community 
 
How can a landlord maximize success across these competing interests? 

A Jack of All Trades – except for one?
Being a landlord requires that you perform many, many tasks skillfully.  And over time, good landlords either develop these skills or contract with professionals to secure them.  Fortunately there is good quality help for many of these tasks. If you want help with plumbing, electrical or the like, for example, you can find competent professionals by browsing Craigslist http://boston.craigslist.org/ or Angie’s List www.angieslist.com/AngiesList/ .  If a dispute escalates between a landlord and tenant, lawyers can also provide invaluable assistance. 

But where do you find help when it comes to managing tenant relationships, particularly if a conflict has escalated and negotiation or other action is needed?  In this series, we ask you to explore an aspect of landlording where it is not as obvious where to go for help and where the answers are more subtle. 

If you’ve been too busy with contracting details, doing your own repairs or keeping the books to focus on the arts of communication and negotiation, you are in the right place. 
If you’ve found it hard to be nice without being fooled, welcome! You can have all the help you need on rehab, plumbing and the like, but risk everything because of people problems.  People problems can pose an extreme challenge and drain your energy, nerves and pocket-book. We hope this series will provide you with timely relief!

Many of the approaches in this series will not only be useful for landlords but for others involved with rental housing, for example: building managers, real estate brokers, service providers, advocates, policy makers and, of course, tenants.  But the primary audience here is landlords who are seeking to do well by doing good: doing good for themselves and their families … and doing good for their tenants, neighbors, professionals, and their community. 

Because Relationships Count …
The emphasis in this series is on the creation and maintenance of healthy relationships.  Why?  Because healthy relationships shape perceptions of what is possible, and what kinds of behaviors will produce better outcomes.  Healthy relationships between landlords and tenants can: 

  • increase the reliability of transactions and the reliability of agreements
  • expand your options and maneuvering room in difficult situations
  •  improve joint problem solving, 
  •  increase tenants’ and landlords’ respect for each other’s roles 
  • reduce the need for costly, time-consuming evictions or legal actions

In other words, developing healthy relationships can mean enormous savings in time, money and stress.  

In each newsletter we will tackle a different area. Woven into these articles you will discover our philosophy, and have a chance to examine or develop your own philosophy as a landlord.  Next time we will focus on some basic building blocks of effective communication and negotiation. 
________________________________________

Peter Shapiro is the Director of Mediation For Results, a program of Just-A-Start, a nonprofit community development corporation in Cambridge. Peter and his colleagues  have worked with thousands of landlords and tenants to improve their relationships without sacrificing their well-being.  You can reach him at 617 494-0444 Ext 317, or email him at This email address is being protected from spam bots, you need Javascript enabled to view it   Web page: mediationforresults.org

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What's New in Housing?
Snippets of Housing News
 

The following news items have been selected from various Massachusetts web sites and other sources to provide you with a brief sense of the current trends and developments in the world of housing.  Click on a headine to read more:

 


Rising Tide of Home Foreclosures:
  Governor announces Action  

Recenty, Massachusetts Governor Deval L. Patrick filed legislation to criminalize mortgage fraud as part of a comprehensive plan to prevent predatory lending and protect families facing foreclosures.  The bill follows several regulatory changes already put in place by Governor Patrick to address the rising tide of foreclosures in Massachusetts. 


In April, the Commonwealth established a hotline for consumers and began assisting homeowners in crisis.   "We must help homeowners facing foreclosure," said Governor Patrick.  "The problem is complex and requires a comprehensive approach that provides for greater education and information for consumers before securing a mortgage; a more responsive legal framework for homeowners facing foreclosure, and clear consequences for those who engage in mortgage fraud.  Massachusetts homeowners and their families deserve no less."  
 
This legislation, filed on June 11th, 2007 -- "An Act implementing the Division of Banks Mortgage Summit Recommendations," implements recommendations from the Mortgage Summit Working Group that was convened in response to rising foreclosure rates.  The Working Group, led by Commissioner of Banks Steven L. Antonakes, included nearly 50 participants from government agencies, non-profit organizations, and the mortgage lending industries who convened to develop a comprehensive foreclosure prevention strategy.   

Learn More:
  Foreclosure Prevention Booklet available at
www.chapa.org/pdf/ForeclosurePreventionBooklet.pdf or to see more Housing Briefs visit CHAPA at www.chapa.org 

 

 

Proposed Trash Fines (Boston)

This spring the Boston City Council passed a home-rule petition asking for authority to levy fines against property owners for trash and a few other violations – so-called “green ticket” violations – and for authority to impose liens on properties for failure to pay the fines.   The vote was unanimous.  The petition now heads to the State House where it needs approval to go into effect. 


The petition was drafted by Boston Inspectional Services Department (ISD).   Fines can range from $50.00 for overflowing trash cans - $1000 for “site uncleanliness.”  Besides trash, other “green ticket” violations include illegal signage, illegal vending, autos parked in front yards, and failure to have a pre-rental inspection. 

Learn more: Visit the City Council web site or contact your councilor at
www.cityofboston.gov/citycouncil  the Greater Boston Real Estate Board at  www.gbreb.com or the Small Property Owners Association at www.spoa.com

 

Energy Reform (Massachusetts)

A comprehensive energy reform bill was filed this past spring by House Speaker Sal DiMasi.  The bill contains over 365 pages of changes, including investments in renewable energy, incentives for municipalities to invest in renewable energy and restructuring the part of state government that deals with energy policy. 
 
Learn more: Contact your local representative or visit
www.mass.gov



Chapter 91 Landlocked, Filled Tidelands

The Massachusetts Supreme Judicial Court issued a decision in February 2007 that dramatically affects the Real Estate Industry.   The case not only impacts development and finance, but also residential and commercial brokerage. 

For those unfamiliar with Chapter 91 in Massachusetts, it is a law that originated during the Colonial era that allows the general public access to the ocean and great ponds for the Massachusetts economy.  As populations grew, there were pressures to fill and develop many of these areas. One of the classic examples is Boston’s Back Bay. It was once underwater, but was filled, developed and is now a vibrant part of the City. This issue is also prevalent in many other coastal communities, or those that border bodies of water that are subject to tidal flow.

These filled, landlocked tidelands are still subject to Chapter 91, with certain rights held by the citizens of the Commonwealth.  However, it was believed that the Dept of Environmental Protection, who administers the law, had the authority to grant permits for development in these areas.   The Massachusetts Supreme Judicial Court issued a decision in February 2007 finding that the Agency lacked that authority.  This was a drastic change to the rules that developers had followed for many years, and brought tremendous uncertainty to the marketplace resulting in all projects becoming subject to legislative review and approval. 
 

Learn more: about this situation, please contact the Greater Boston Real Estate Board at www.gbreb.com.   
 

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 Partner Focus    

 main_mbhp_logo.gif


MBHP
is Massachusetts’ largest regional provider of rental housing or voucher assistance.   MBHP serves homeless, elderly, disabled, and low and moderate-income individuals and families in a region that spans Boston and 29 surrounding communities.  

 

MBHP’s mission is to ensure that their clients have choice and mobility in finding and retaining decent affordable housing; all of their programs and initiatives are designed to encourage housing stability, increased economic self-sufficiency, and the enhanced quality of lives of those they serve. And they do a good job.


To achieve these goals, MBHP works collaboratively with a broad array of service providers and community-based organizations, including Mediation For Results.  Over the past 10 years MFR has trained MBHP staff on a range of conflict resolution subjects and we provide group support sessions and consultation to MBHP landlords.   Through our mediation services, MFR has helped many MBHP tenants and landlords to resolve their disputes. We have gained much in return by way of valuable resources and good friends.

 

We are grateful for the chance to work with this extraordinary organization. 

Learn more about MBHP visit their website at http://www.mbhp.org/


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 Bridging the Gap  
Between Tenant and Owners
   

“Every Spring one of my tenants asks if he can clear the yard and freshen the place up with flowers.  The place looks great, he loves living there. I feel proud of  the property”                                                                                                                
 Property Owner, Everett, MA

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"When my sister died in Haiti last year, my landlord helped me figure out the flights and other details. He also told me it was okay for me to pay half the rent for that month. It was a big help and it made me feel at home."                          
Tenant, Somerville, MA

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Resources to Save you Money and Time 


It’s the Law!        

 

Q. Would you like to have access to clear legal information about landlord-tenant law at your fingertips?   Even if legal information intimidates you, it can be vital to your business or your housing to know the basics of the laws that you’re living under. 

A. Two excellent sources of legal information on Massachusetts Landlord/Tenant Law are just a few clicks away. These resources can help you figure out if you should panic, call a lawyer, take action yourself or call MFR.  
 

MassLegalHelp  This website is full of useful free legal information on housing and other issues.  The section we link to lists very useful and readable handbooks and booklets that can be read or downloaded. They include useful forms, sample letters, and checklists in addition to legal information and resources.

Live Justice (Mass) This self-help area of the Live Justice website of the Legal Assistance Corporation of Central Massachusetts features a comprehensive and searchable legal question and answer section that answers hundreds of common questions related to landlord and tenant housing.

 

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   More valuable resources are available any time on our web site at Tips and Resources

 
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  Just-A-Start Inc. 432 Columbia Street, #12 Cambridge MA  02141  
  This email address is being protected from spam bots, you need Javascript enabled to view it       web   www.mediationforresults.org       
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