www.cumberlandlandlords.com

 
         ALOC NEWS

 

 

 


July 1, 2002                                                                                                                                                                          Vol. 8, Issue 7        

 

 

 

Lead Paint Training

 

Hagerstown Community College will be offering courses in July and October for Lead Paint Maintenance Supervisor and Lead Paint Worker. This will include the full course as well as refreshers.

Contact HCC at 301-790-2800 ext. 520 for details. The course will be taught by Ridgely Safety Services who also teaches at Allegany College.

 

EPA Title X Requirements

 

Continuing on with what we started last month we will explain a little more in depth the requirements involving  Federal Title X rules. When any property is sold the seller must fill out a Title X form indicating any knowledge of lead paint on the premises and furnish any documentation regarding lead treatments. This usually refers to lead dust test results and any full lead abatement treatments only. Unless you have actual knowledge of the presence of lead paint, either through dust tests, XRF, or you painted the house prior to 1950 with lead paint, you will usually answer that you have no knowledge. With the seller and buyer signing the Title X form it allows the buyer to determine if he wants to conduct lead tests and if lead is found he can cancel the contract. The exact in and outs regarding the sale of real estate and Title X should be discussed with a real estate professional or attorney before entering into a sales contract.

 

A copy of the EPA booklet must be provided to the buyer and all parties need to retain a copy of the signed Title X form as proof of compliance.

 

The rental side of the situation also requires the same disclosures and information that must provided to the tenant and the form ALOC has developed also includes a receipt for the Maryland lead booklet and a place to indicate the Inspection Certificate number.

 

Failure to use the Title X forms and having copies on hand for all tenants is one of the items being closely watched by the MDE and the Lead Paint Gang.  This can result in both Maryland and Federal fines as well as possible civil litigation by the tenant and their lawyers!! 

 

 

Meeting Changes

 

Our next regular meeting will be held on September 9th at 7PM at the South Cumberland Library. Enjoy the summer and we look forward to seeing you after Labor Day.

 

District Court Visiting Judges

 

A number of our members went to court in July to collect rent and with Judge Finan moving to the Circuit Court as well as vacations we ended up with a visiting Judge from Silver Springs. This Judge did not seemed particularly well versed in Landlord-Tenant Law and the outcome for many of the Landlords present was interesting to say the least.

 

One of the first up failed to bring a copy of his lease and other papers and the tenant was contesting the rent due. The Judge, in spite of the protestations of the Landlord, postponed the case for a week and told him to not appear in court again without his lease. The Landlord made the statement “ he had never had to bring his lease to court in the past”. Obviously he will not forget this day in court!

 

In other cases the Judge allowed the tenant a longer period of time than is set out in Maryland law for the tenant to pay the rent and delved into the finances of some of the tenants and their ability to pay the rent. Overall the Landlords did not come out too bad, but it was an interesting day!

 

Again we need to remember to take all relevant documents to court and be prepared to explain your case in a clear and concise manner with no deviation into other issues involving the tenancy.

 

City Elections

 

Recent reports in the newspaper indicate that Councilman Harvey May, an outspoken supporter of the Cumberland Housing Code will not run for office in the Fall. After 20 years in office he will be stepping down. This may have an interesting effect on the City Council and they way they conduct business in the future.  Another interesting item is the lack of candidates filing for City office this year.

  

 

Richard Bonig

Rental Property Inspections

Dust Wipe Tests/Visual Inspections

301-777-1369

MDE: Certified Lead Paint Visual Inspector

HUD: Certified Lead Sampling Technician

9-30-02

 

 
Carey Walker

Lead Inspections for Rental Housing

Visual Inspections and Dust Wipes

201 Massachusetts Ave.

Cumberland, MD 21502

301-722-8328                 3-03

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Highland Enterprises LLC

 

Lead Abatement  -  Lead Risk Reduction

Rental Property Maintenance Contractor

 

Telephone  301-729-1086

FAX  301-729-4801  -  Pager 301-546-0221

3-30 / 9-30

 

 

Robert Saville

VISUAL INSPECTOR

MDE Inspections     Lead Dust Wipes

LEAD PAINT SUPERVISOR

“Excellent Rates”

 

                Telephone/FAX: 301-729-2994          1-30

 
 

 

 

 

 

 

 

 

 

 

 


Miscellaneous

As a reminder, City Registration forms were recently mailed out to all Cumberland Landlords. These forms along with payment of the yearly registration fee are due at City Hall no later than June 30, 2002 to avoid fines and penalties. If you did not receive your forms call City Hall or visit the Housing Office in the basement of City Hall to get renewal forms. If you are a new landlord you will need to fill out a complete application and schedule an inspection.

 

On June 30th the Postal Rates change again with the rate for First Class postage increasing to 37 cents. Other charges may also be increasing. In spite of this increase US postage charges are still below most other developed countries. Check with the Post Office for exact details about the changes.

 

 When considering the purchase of rental properties it is important to have written into your sales contract requirements for proof of registration with the City, where applicable, registration with the MDE and proof of compliance with all inspection and regulations. If you do not have copies of all pertinent documents and proof of compliance on the day of closing the MDE will consider you out of compliance with the Lead Paint regulation and you will be subject to fines and penalties.  While you may be able to go back on the owner for failure to register and etc., you will find that the MDE will have no sympathy for your ignorance of the law.  Such documentation from the seller should be in your hands within days of the contact signing with written provisions allowing you to cancel the contract if things are not in order. Waiting until the closing can be costly for all parties. The same applies for copies of leases, security deposit receipts and other records.

 

 

 
Ann

 

 

 

 

 

 

 

 

 

 

 

 

 

Leases and other Documents

The Leases and other forms have been upgraded to reflect Law changes made in recent years and are available now. Please Note the change in prices!!

 

ALOC has available leases, rental applications and tenant checklists for sale, at cost, to members. The cost for each item is as follows:

Lease @ $ 0.50     Rental Application @ $ 0.50    Move in Checklist @ $ 0.50              Lead Paint Brochures, both EPA and Maryland and document receipt@ $2.50 for the set.

Document Receipt for MDE and EPA brochures (disclosure) @ $ 0.25

 

These forms are kept at Jeff Hutter's office, TWR Comm. at 549 N. Centre Street. Any paid member can stop by and pick up whatever they need, however we ask that you call first with your order so that the forms can be ready and waiting for you.

 

 Please call at least 24 hours in advance as these are made to order.

When you call 777-2692 ext 113, you can talk to Pam, Gary or Sean

Please note: We do not keep MDE or City Housing registration forms on hand.

 

ALOC Officers

 

J.  Jeff J. Jeffrey Hutter   President      

 

Carey Walker  Vice President                       

Stephanie Wharton  Secretary

 

J. Jeffrey Hutter    Treasurer

 

Board of Directors

 

Clarence Anderson

Steve Jenkins

Bob Saville

Bob Miles

 

Thoughts for the Month

 

What we see depends mainly on what we look for.

 

John Lubbock

 

 

Some succeed because they are destined to,

but most succeed because they are determined to.

 

Unknown

 

Meeting Schedule

 

July NO Meeting

August NO Meeting

September 9, 2002

October 14, 2002

November 11, 2002

No Meeting in December

January 13, 2003

Meetings are held at the South Cumberland Library on Race and Seymour St.           at 7 PM

 

TWR Communications  301-777-2692      9-30-02

 

The leading supplier of quality high speed Internet Access in Allegany-Garrett-Washington Counties and surrounding areas of West Virginia using K56 Flex modems. TWR provides other computer services including training, computer repairs, networking, website hosting and Internet advertising.

TWR is an agent for Cellular One, operates a wide area network with wide area paging and mobile 2-way radio. Check us out at twr@hereintown.net  

 

 
ALOC FORMS PRICE CHANGES

 

The price of ALOC Leases, Lead Booklets and other forms has been increased to cover higher costs of reproduction as well as the change in format of the EPA booklet, which takes more paper.

 

Please refer to the prices listed above!

 

 

A-1 Inspections, Inc.

 

PRE-PURCHASE/PRE-SETTLEMENT INSPECTIONS RESIDENTIAL AND COMMERCIAL LEAD INSPECTIONS

 

PHONE 301-724-LEAD

                        301-724-5323                  9-30

9-30

 

 

Credit Bureau, Inc.

 

We have been in the business of building databases for over 50 years. Let us build one for you! For those of you contributing rental history, thank you. For those who haven’t   called me, it’s easy.

Mike Wright        301-729-5202                      5-02