ALOC NEWS

June 9, 2004
Vol 10, Issue 5
Associated Landlords of the Cumberland Area
Phone (301)759-0530

Last Meeting for the Summer

Our May meeting marks the end of the Legislative sessions for the year with the governor signing bills and our activities also coincide. While you will continue to receive your newsletters through the summer we will not meet again until September when we plan on having our City Council candidates on hand.

City of Cumberland Registration

Each July 1st all rental property owners must register with the City paying the $ 15.00 per unit fee for all rentals. Though all have to be registered there is a loophole in the Code that allows HUD rentals to avoid paying the fee. This may take a little effort but it can be done. Essentially you need to list your HUD rentals on the forms and the HUD contract numbers need referenced and then the fee gets marked "0". The Housing people may act confused but you should be able to get this through if you run into snags give Jeff Hutter a call.

Miscellaneous

Over the summer we will be adding various inserts for regular members regarding a host of issues including mold and lead paint just to mention a few.

We have also been asked by members if they can advertise properties they have for sale and we will start a new program for this with the June mailings. (Jeff Hutter will lead off) Members who have properties they want to sell or exchange will need to get approx 110 copies to Jeff Hutter prior to the 1st of a month to be included in the next months mailing which typically occurs within the first 5-10 days of the month. The paper size should be no bigger than a half page regular weight paper. Larger mailings may increase the postage and if this occurs we will ask for some help with the postage cost. Contact Jeff Hutter for more details.

More Landlord Courses

There are more lead related courses available over the summer at Allegany College and you can check their website, which is linked from ours, or you can call them on the phone. These offerings center around the Inspection program and Supervisor courses.

The Landlord Courses taught by Jeff Hutter will be coming back in the fall at Allegany College. On October 20-21 the Landlord Survivors Course will be repeated. This two night course covers nearly all of the rules, regulations, common sense and other specialized knowledge necessary to make it as a Landlord. The reviews of this course were very good; however the one primary complaint was the lack of time to really dig into some of the regulations. With this in mind a second session will be held on November 10-11. This will be an in depth study of Landlord-Tenant Law, Lead Regulations and Housing Codes. These courses will be placed on the fall schedule probably in September. In the interim if you have question call Jeff Hutter.

John Robb Speaker at May Meeting

We had a lively meeting in May with John Robb, local attorney, informing us about real estate ownership and a host of other things. A lot of questions were asked and I think everyone present learned something.

District Court Fee Increase

As part of the Governors Budget Bill we have increased fees for civil filings in District Court. This of course directly impacts Landlord -Tenant actions in court and the increases are as follows:

You may want to check with the Clerks at District Court for a complete schedule of fees as there were a number of other increases for small claims court and etc.

Legislative Update

The Maryland Property Owners Network will meet in Annapolis on June 21, 2004 to review the activities of the Legislature during the 2004 session. During the summer we will report in detail what has occurred and what we can expect next year. We have been advised that most of the Bills that we wanted have been passed by the Legislature and signed into law by the Governor. These are as follows: HB 1245

  1. Effective 6/1/04, the procedure in lead paint injury lawsuits challenging the owner's compliance with the Maryland Lead Poisoning Prevention Program is changed. Now there will be a preliminary trial on the owner's limited immunity only if that issue is raised. There can be limited discovery, motions and a jury trial on that issue alone. The judge will decide the issue of limited immunity. If he or she rules against the owner, the case proceeds to trial on the claim for lead poisoning damages.
  2. Effective 10/1/04, owners will be required to answer some preliminary questions on the petition for summary ejectment for non-payment of rent ("court notice") regarding compliance with state lead law, such as: Is the dwelling unit an "affected property" under the law? If it is, has the owner registered with MDE? If the current tenant moved in on or after 2/24/96, what is the MDE inspection certificate number for the current tenant? After 2/24/06, the owner must supply the MDE inspection certificate for all current tenants - that is the date 100% of the affected properties must have received either full or modified risk reduction treatments and passed inspection. The Baltimore POA will work with the Court Forms Committee to insert these questions into the petition.
  3. On 10/1/04, owners in jurisdictions that have landlord registrations or licensing must answer questions identical to those listed in #2 above on the registration or license renewal forms in their local jurisdictions.
  4. Security Deposit Interest This will change to 3 % and will probably take effect in October. We will have more details later.