See the latest on Houston`s horizon and learn what`s to come
Transcription
See the latest on Houston`s horizon and learn what`s to come
ABODE NOVEMBER 2008 The Houston Apartment Association Magazine Up and Coming See the latest on Houston’s horizon and learn what’s to come CONTENTS ON THE COVER Photo by MARK HIEBERT, Hiebert Photography November 2008 Market Momentum 30 38 Sell Low, Rent High – The slow-down in singlefamily home sales due to the subprime lending crisis has given the apartment market a big boost. The Finger Companies’ Park Up and Coming – ADS’s second semiannual list of the year shows properties under construction, now leasing and proposed. is one of the many new multi- 46 Due Diligence – Doing your homework is an essential component of your management plan. 50 Here We Go Again – Resident screening and rental housing after Ike will not face the same challenges as the ones posed by evacuees in 2005. 54 Tower, overlooking Discovery Green in downtown Houston, family developments that ABODE focuses on for November. Also this month, take a closer look at the state of Houston’s apartment market in a special feature report on occupancy and rental rates. Measure Satisfaction – Ask your residents early and often what they like and don’t and how you can improve. Features & Photos 42 Photo Album – Scenes from the debate-watching party and fundraiser to support the NAA PAC. 58 Designate of the Month – Kathy Moriarity puts her knowledge of psychology and sociology to good use in the apartment business. 30 66 Photo Album – Scenes from hurricane recovery meetings with insurance company representatives and city and HUD officials and from the ACT Safe self-defense seminar. 42 Departments 8 19 20 25 60 62 64 66 67 74 75 76 PATRON EDUCATION CALENDARS REGISTRATION WELCOME MAT AMBASSADORS GO-GETTERS PROPERTY UPDATE IN THE NEWS ADVERTISERS INDEX MARKET LINE BACK PAGE Columns 7 President’s Corner – Efforts to provide answers for the media and raise funds for charity demonstrate our commitment to our community. 9 Legislative Update – Lessons from Katrina are helping housing officials shape a more effective program. 11 It’s The Law – A court decision means apartment managers can’t be held liable for on-site crime. 14 Resident Relations – Residents who note carpet flaws at move-in often prevail in disputes at move-out. 16 Words From NAA – The new curriculum for the CAPS designation program is now complete. 17 TAA Update – Avoid liability for sexual harassment claims by crafting a policy for handling complaints. 26 NAA Industry Update – Congress addresses rulings on disability accommodations, acts on GSE reform and encourages energy efficiency. 28 Media Roundup – HAA leaders stepped up to provide public faces for the industry for media after Ike. We welcome your comments and letters. Write to us at: HAA Communications Dept. 4810 Westway Park Blvd., Houston, Texas 77041 or fax to: 281-582-1506. Or send us an e-mail at: comm@haaonline.org. ABODE NOVEMBER 2008 3 OFFICERS AND ASSOCIATION LEADERSHIP JOHN RIDGWAY PRESIDENT BETH VAN WINKLE PRESIDENT-ELECT DAVID JONES VICE PRESIDENT BOARD OF DIRECTORS PRODUCT SERVICE COUNCIL SPONSOR MEMBERS Suan Tinsley, Immediate Past President Josh Allen Mack Armstrong Brian Austin Margaret Balderaz Gene Blevins Jeff Blevins Roger Camp Kathy Clem Ernest Etuk John Fedorko Darlene Guidry Billy Griffin Alison Hall David Hargrove Larry Hill Deborah Holcombe Theresa Lamar Dick LaMarche Cesar Lima Etan Mirwis Michelle Bridges-Pahl Velissa Parmer Byron Plant Jackie Rhone Kelly Scott Trey Stone Eileen Subinsky Vicki Summitt Sal Thomas Starla Turnbo Vic Vacek Jr. Debbie Webre Tony Whitaker Jerold Winograd Michelle Ybarra OFFICERS Tony Whitaker, President FSI Construction Vicki Summitt, CAS, Vice President Direct Energy Jeff Blevins, CAS, Secretary Camp Construction Services Michelle Bridges-Pahl, CAS, Treasurer Century Air Conditioning Cesar Lima, Immediate Past President AAA Plumbers 1968 Reliant Energy DIRECTORS EMERITUS Gary Blumberg Al Bradley Jack Dinerstein Jenard Gross Hap Hunnicutt Stacy Hunt Nora Krakower Tim Myers John Moore P. David Onanian Stephen Sweet Kirk Tate H. J. Tollett Jr. Patrick J. Tollett KIM SMALL SECRETARY HOWARD BOOKSTAFF GENERAL COUNSEL JEFF HALL, CAE EXECUTIVE VP NOVEMBER 2008 ABODE 1980 Great American Business Products Penco Construction Co. Marvin Poer & Co. 1981 Hoover Slovacek LLP 1982 Wallace Garcia Wilson Architects Inc. 1983 Webb Pest Control Cort Furniture Rental 1984 Brady, Chapman, Holland & Assoc. 1985 Gemstar Construction & Development Inc. Golden Greek Carpets Inc. 1987 For Rent Media Solutions Houston Metro Electrical Corp. Namco Manufacturing Co. Inc. 1988 AmRent Big Z Lumber Company HCI Building Group Redi Carpet Sales Sherwin Williams Company 1991 Apartment Data Services Century Air Conditioning 1992 Alexander-Rose Assoc. Inc. 1993 Comcast 1998 AAA Staffing Ltd. 2000 Pools by Dallas 2001 Pura Flo Corporation Renovation Services Inc. Joe Bax TREASURER 1977 M&M Lighting Inc. 1978 Liberty Personnel/Executive Search 1997 Paramount Insurance Repair Service RENCON GENERAL COUNSEL EMERITUS JENIFER PANERAL 4 MEMBERS Peggy Charles Brandt Electric Arrie Colca, CAS Craven Carpet Laura Collins, CAS Classic Touch Painting Kevin Fenn, CAS Pavecon Michael Flores Higher Standard Construction James Gregory Redi Carpet Sales Lisa Grimes D&C Contracting Jimmie Hotz, CAS HD Supply Deona James, CAS Resident Data Alan Jones, CAS ICI Paints Susan Lee, CAS Craven Carpet James Lenhardt Hire Priority Staffing & Executive Search Karen Nelsen For Rent Media Solutions Brenda Nite J&L Distributors Dean O’Kelley, CAS Liberty Personnel/Executive Search Mindy Price BG Personnel Services Beth Rohani, CAS Ameritex Movers Nichole Williams, CAS Apartment Guide Andrea Winans Bishop’s Office Needs 1976 Mueller Water Conditioning HONORARY LIFE MEMBERS PATRON MEMBERS Claude Arnold Kenn Brown Anita Harrison Dwayne Henson Mike Koch Nora Krakower Merry Mount Monette Reynolds Sherry Stevenson Kirk Tate Suan Tinsley Del Walmsley Nancé Wells Jeanne Marie Zublin 1980 Coinmach Texas Apartment Locators 1981 WEB Intelligent Laundry Systems 1982 BFI Waste Services of Texas/ Allied Waste 1983 Royal Plumbing Supply 1994 AAA Plumbers Presto Maintenance Supply Whirlpool Corp. 1996 Houston Planned Energy Systems 1997 Apartment Guide 2003 Dixie Carpet Installations MAB Flooring Inc. 2002 Gexa Energy Southwest Painting Contractors Inc. Wilmar Industries Inc. 2003 Capital Welding & Construction Sign-Ups & Banners Corp. Southern Wrecker Utility Advantage of Texas 2004 Assessment Advisors Embark – The Tree Specialists Ygnition Networks 2005 Apartment Appliance Leasing Classic Touch Painting First Advantage SafeRent Inc. Lone Star Roofing of Texas Regal General Contractors Inc. United Protective Services 2006 Bell’s Laundries N.D. Chandler Mechanical CAD Restoration Services LLC Corestone Paving & Construction DoodyCalls First Co. Lopez Carpet Care & Painting Masonry Solutions Inc. Parking Management Company Quantum Fitness Corp. Roto-Rooter Services Co. Texas Contract Floors Inc. USA Decon Valet Waste ZipReports 2007 ABC Restoration Inc. ACR Supply Inc. American Sports & Concrete LLC Apple Moving Builders Granite & Tile Inc. Choice Corporate Housing Inc. D&C Contracting Delaney’s Roofing & Construction Double Trees Construction The Mad Hatter of Corpus Christi Inc. Don McGill Toyota of Katy Merit Parking Company Millennium Lock Inc. Premier Carpet Cleaning RoofTec SLM Construction Services Site Reconstruction LLC Suntrust Real Estate Corporation Veritas Services 2008 AAPCO Group ACS Partners LLC AMS Restoration Services Inc. Accent Coat Refinishing All Stages Plumbing of Texas LLC Anderson Restoration Atlas 1031 Exchange LLC Atlas Comfort Systems USA Bury & Partners Inc. Daniels Plumbing Co. Inc. M.L. Deer Construction Co. LP Eco Lawn LLC Elite Apartment Services Inc. Fire Restoration Inc. Flavor Finish Resurfacing Harco Insurance Services Holden Roofing In-Ex Designs Jusa Resurfacing & Paint Co. KT Building LowVolt Technologies The Master’s Roofing Construction Contractors Matrix Paving Services LLC Med Security Inc. Media Nation Mr. Brick of Houston Inc. Nationwide Investigations & Security Services Inc. Rehab Systems SEALS...Sales Experts And Leasing Specialist Satisfacts Research SpaceCenter Systems Inc. Texas Turf Management Turner Electrical Services Co. USI Energy Inc. AFFILIATES ABODE NOVEMBER 2008 VOLUME 31, ISSUE 11 Executive Vice President and Publisher JEFF HALL, CAE jhall@haaonline.org EDITORIAL STAFF Director of Publications and Design DEBORAH NIX dnix@haaonline.org Managing Editor RACHEL ZOCH rzoch@haaonline.org ADVERTISING Director of Supplier Services AMANDA SHERBONDY asherbondy@haaonline.org CONTRIBUTING STAFF Vice President and General Manager SUSAN HINKLEY, CAE shinkley@haaonline.org Vice President of Events and Meetings CARA JOHNSON, CMP cjohnson@haaonline.org Vice President of Professional Development EMILY HILTON, CPP ehilton@haaonline.org Vice President of Public Affairs ANDY TEAS, CAE ateas@haaonline.org Controller NANCY LI LO, CPA nlo@haaonline.org Director of Facility Services LANA SHILLER lshiller@haaonline.org Director of Form Sales FRANCES TORRES ftorres@haaonline.org Director of Information Technology MARY PARKHOUSE, CAE mparkhouse@haaonline.org Director of Member Services LISA BUTLER lbutler@haaonline.org Director of Resident Relations MATILDE LUNA mluna@haaonline.org Education and Meetings Manager KIRSTEN DEAGEN kdeagen@haaonline.org Public Affairs Specialist AIMEE BERTRAND ARRINGTON aarrington@haaonline.org Resident Credit Reporting Manager LUISA AREVALO larevalo@haaonline.org Webmaster and IT Specialist WILL ALFARO walfaro@haaonline.org PRINTER TGI PRINTED www.tgiprinted.com HOUSTON APARTMENT ASSOCIATION COMMITTEES COMMITTEE Program & Budget Committee Nominating Committee National Liaison State Liaison Ethics Committee Investment Committee Owners Committee Legislative Committee HAA Better Government Fund Century Club Developers Committee Multifamily Fire Safety Alliance Media Relations Committee Resident Relations Committee Resident Relations Committee A Resident Relations Committee B Product Service Council Community Relations Committee Membership Committee Ambassador Club Go-Getter Club Membership Campaign IROC Committee Education Advisory Council Career and Community Development SOAPS Committee Golf Tournament Committee HAF Fund-raiser 2008 Education Conference & Expo 2008 Expo Exhibitor Committee Online Advisory Committee CHAIR BETH VAN WINKLE SUAN TINSLEY JERRY WINOGRAD DAVID HARGROVE EILEEN SUBINSKY MACK ARMSTRONG STACY HUNT BETH VAN WINKLE STACY HUNT JEFF BLEVINS BRIAN AUSTIN BYRON PLANT JENIFER PANERAL DARLENE GUIDRY SANDRA HAZELWOOD STACI MCMILLAN TONY WHITAKER KYLE BROWN DAVID JONES MICHELLE BRIDGES-PAHL/KEVIN FENN BILLY GRIFFIN/GLORIA HANEY VARIOUS CAPTAINS DEL WALMSLEY KIM SMALL BETH ROHANI/GEORGEANNE LONGORIA STARLA TURNBO ROGER CAMP PATRICK BROTHERS/MICHELLE GATES KIM SMALL VICKI SUMMITT TREY STONE STAFF ADVISOR JEFF HALL JEFF HALL JEFF HALL JEFF HALL JEFF HALL JEFF HALL JEFF HALL ANDY TEAS ANDY TEAS ANDY TEAS ANDY TEAS ANDY TEAS AIMEE ARRINGTON MATILDE LUNA MATILDE LUNA MATILDE LUNA SUSAN HINKLEY SUSAN HINKLEY LISA BUTLER LISA BUTLER LISA BUTLER LISA BUTLER EMILY HILTON EMILY HILTON EMILY HILTON KIRSTEN DEAGEN CARA JOHNSON CARA JOHNSON CARA JOHNSON AMANDA SHERBONDY WILL ALFARO HAA MISSION AND VALUES The Houston Apartment Association is the leading advocate and resource to further the quality of rental housing in the greater Houston area. Core values guiding the governance and management of HAA are: • Promoting community involvement, leadership and collaboration • Grounded in integrity, excellence and ethics • Embracing diversity • Source of lifelong career development Visit HAA Online at www.haaonline.org ABODE IS THE OFFICIAL PUBLICATION OF THE HOUSTON APARTMENT ASSOCIATION. Serving the multihousing industry in Austin, Brazoria, Chambers, Colorado, Fort Bend, Harris, Liberty, Matagorda, Montgomery, San Jacinto, Waller and Wharton counties. ABODE, NOVEMBER 2008, VOLUME 31, ISSUE 11 ABODE is published monthly by the Houston Multi Housing Corporation. Publishing, editorial and advertising offices are located at 4810 Westway Park Blvd., Houston, Texas 77041. Telephone 713-595-0300. The $50 annual ABODE subscription rate is included in all member dues and additional subscriptions are available. The annual subscription rate is $50 for members, $65 for non-members. Advertising rates are available upon request. Contributed material does not necessarily reflect the views and opinions of the Houston Apartment Association. Copyright © 2008 by HAA. Application to Mail at Periodicals Postage Rates is Pending at Houston, Texas. POSTMASTER: Send address changes to ABODE, 4810 Westway Park Blvd., Houston, Texas 77041. ABODE NOVEMBER 2008 5 November General Meeting PRESIDENT’S CORNER Annual Business Meeting • Recognition of 2008 Committee Members • Recognition of 2008 NAA Designates • Nomination and Election of 2009 Board of Directors • Presentation of 2008 Appreciation Awards • Special Guest Speaker Debra Duncan Annual Business Meeting Thursday, November 20 6 p.m. to 8:30 p.m. Hilton Post Oak Hotel, 2001 Post Oak Blvd. $35 if received by November 17; $45 after November 17 Reserved tables of 10 available with company name Reception and Seated Dinner American Express, Visa, MasterCard and Discover are accepted in person, over the phone and by fax. Notice of cancellation is required two days prior to the event for a refund, less a $5 administrative fee. All pre-registered noshows will be billed. Payment is required at the door if not received prior to the event. For reservations and information, contact the Education & Meetings Department at 713-595-0300, e-mail educ@haaonline.org or online at www.haaonline.org. Register online and save 10 percent. Sponsored by Liberty Staffing/Executive Search and Resident Data 6 NOVEMBER 2008 ABODE As soon as you meet Debra Duncan, you can tell that this bright lady is truly genuine and someone you want to have as a friend. Currently, she is a news anchor for KHOU-11 and host of “Great Day Houston.” She hosted “Debra Duncan” live on ABC-13 weekday mornings at 9 a.m. Debra comes to Houston’s KTRK-TV from New York where, from February 1997 to mid 1998, she was with Lifetime Network Television as co-host for “Our Home.” This national cable hour provided information to help viewers get the most out of their lives. Prior to that, Debra was with WFAA-TV in Dallas. She began her three-year stint there as a general assignment reporter. While handling this duty, she also was named as co-host of “Good Morning Texas” and also anchored the station’s early morning newscast. Her talents have been recognized with numerous awards, which include a regional Emmy, best feature; two Emmy nominations; a variety of awards from the Texas Association of Broadcasters for news reporting; Best of Gannett Awards; and various community service awards. She graduated from the University of Texas at Austin with a Bachelor of Science degree in Radio-Television-Film. While in Austin, she worked at KVUE-TV as a reporter and anchor. By JOHN RIDGWAY, 2008 HAA President Reaching Out Our efforts to provide answers for the media and raise funds for charity demonstrate our commitment to our community. We have been working with the city and HUD to craft a housing plan that allows us to help those in need without taking unnecessary risks. I t has been an especially busy autumn for HAA members! Hurricane disrupted our businesses and our lives greatly in September, and we have been working with the city and HUD to craft a housing plan that allows us to help those in need without taking the unnecessary risks we took after Katrina and Rita. We learned a lot of important lessons from that program, and it appears that the plan to house Ike evacuees will meet a lot of our needs. See Page 9 for more details. HAA hosted a pair of informative meetings featuring city and insurance officials and HUD representatives, and we will continue to be a clearinghouse of information on the DHAP-Ike program. Check www.haaonline.org regulary for updates. We have also been a go-to resource for media inquiries on housing and rental issues, and I would like to thank Beth Van Winkle, David Jones, Theresa Lamar, HAA staff members and all the others who joined me in providing answers. Being available to the media is becoming an increasingly important part of representing our industry positively in the community. FUNDRAISING SUCCESS Speaking of our positive impact, thanks and congratulations go to the hundreds of golfers and volunteers who took advantage of a beautiful day and made this year’s Pink Ladies event another wildly successful fundraiser. HAA made another sizable See PRESIDENT, Page 65 ABODE NOVEMBER 2008 7 PATRON OF THE MONTH These companies have generously supported the Houston Apartment Association with their patron membership. Please give them careful consideration, whenever possible, in your business. Houston Planned Energy Systems Royal Plumbing Supply HAA Member since 1978 HAA Member since 1969 BFI Waste Services of Texas/ Allied Waste MAB Flooring Inc. HAA Member since 1982 Presto Maintenance Supply HAA Member since 1983 Coinmach HAA Member since 1961 Texas Apartment Locators HAA Member since 1974 WEB Intelligent Laundry Systems LEGISLATIVE UPDATE BETH VAN WINKLE, CAM, CAPS, CPM, HAA Legislative Committee Chair with ANDY TEAS, CAE, Vice President of Public Affairs HAA Member since 1998 AAA Plumbers HAA Member since 1984 Whirlpool Corporation HAA Member since 1966 Dixie Carpet Installations Hurricane Housing HAA Member since 1987 Lessons from the aftermath of Katrina are helping housing officials Apartment Guide HAA Member since 1979 shape a more effective program. HAA Member since 1977 Security deposits will be funded. Background checks will be allowed. Payment will be coordinated by local public housing authorities. NOVEMBER’S PATRON By I n a historic, groundbreaking election – certain to elect the nation’s first African-American president or the first female vice president, with frantic, 24-hour television coverage and millions of devoted bloggers – how would you like to be a candidate for county probate court? The recovery from Hurricane Katrina was certainly hardest on those whose homes and businesses were destroyed by the flood, but apartment owners and others trying to provide assistance to evacuees faced challenges as well. Because the federal government was initially unable to create a medium and long-term housing program – even as the Astrodome and other public buildings began to overflow with evacuees – the City of Houston created its own program with the Houston Apartment Association to place more than 100,000 evacuees in Houston-area apartments at government expense. In the Katrina program, owners were unable to collect security deposits, and properties with units damaged beyond normal wear and tear had no recourse beyond a pointless lawsuit against a destitute evacuee. Credit checks were prohibited. Criminal background checks were ultimately allowed but proved mostly useless since Louisiana criminal records are kept parish by parish and most of the records from the affected areas were under water. Utilities were connected under a City of Houston master electricity (and, occasionally gas) account. The City purchased new, relatively inexpensive furniture and had it delivered to evacuee units along with groceries and basic supplies. Take a seat at our table to support your business and our industry 8 NOVEMBER 2008 ABODE Rental payments to owners were a huge problem. The city, not usually in the rent-paying business, asked owners to submit invoices for payment. Owners, not usually in the invoicing-for-rent business, submitted an astonishing variety of invoice forms that city employees had difficulty deciphering. Payments to owners were delayed for months. Some large owners were eventually owed hundreds of thousands of dollars in back rent, and some were unable to make mortgage payments. However, as with most programs, the start-up problems were mostly – eventually – ironed out. SAME SONG, DIFFERENT VERSE After Hurricane Ike wiped out thousands of homes and apartments in Galveston, Crystal Beach and other areas near Galveston Bay, it quickly became apparent that medium and long-term housing would be needed in the aftermath of this storm as well. HAA members quickly made it clear that, to maximize participation by housing providers, an Ike housing program would need to contain several elements: 1. The program would need to provide either individual security deposits or some sort of fund against which owners could file claims for damages beyond normal wear and tear; 2. Owners would have the right to conduct the same credit and criminal background checks as on any other prospective resident; and 3. Rental payments would need to be made by an experienced, third-party provider like Corporate Lodging Consultants, which eventually took over rental See LEGISLATIVE, Page 72 The Houston Apartment Association Better Government Fund is the political action committee of the Houston Apartment Association, a nonprofit trade association representing the Houston apartment industry. The HAABGF participates in local and state political campaigns, helping candidates who support the apartment industry and its supplier businesses. You can participate in the HAABGF on several levels: • The Steering Committee sets the agenda for the HAABGF, making recommendations to the group on which candidates to endorse – $1,500. • Trustees have an individual vote on HAABGF decisions – $500. • Century Club Members can attend all regular HAABGF functions. Though clubmembers cannot vote individually, they have a collective vote through the Century Club Representative – $100. For more information, contact Andy Teas or Aimee Bertrand at govaffairs@haaonline.org ABODE NOVEMBER 2008 9 IT’S THE LAW By HOWARD BOOKSTAFF, Hoover Slovacek LLP , HAA General Counsel Not Liable A decision by the Texas Supreme Court means apartment managers can’t be held liable for criminal activity on site. Generally, a person does not have a duty to protect others from third-party criminal acts. O n August 29, the Texas Supreme Court handed down its decision in a case involving a murder at a San Antonio shopping mall. Although the case did not involve crime at an apartment community, the court’s concurring opinion (from four of the nine justices) is particularly interesting to our industry because it discusses the extent to which the court should be concerned about requiring “conspicuous security” at every point of potential contact between a patron and a criminal. The concurring opinion addresses whether the law should impose on an owner and manager an obligation to adapt extraordinary measures to prevent crimes from occurring. The guard, who was only a few hundred feet away from the theater when the shots were fired, drove to where Luis lay wounded, secured the crime scene and notified the police dispatcher of the incident. Meanwhile, security personnel in a different part of the mall saw someone run through a breezeway and get into a green Jeep. The security officers chased the Jeep onto a nearby road but discontinued the chase when the Jeep’s occupants fired shots at their vehicle. Luis was taken to the hospital, where he died of his wounds. Police classified the crime as a homicide and began an investigation, but criminal charges were never filed. FACTS OF THE CASE Luis’ mother and Karol, acting for themselves and for Luis’ children, filed suit against the property manager, alleging that the manager negligently failed to provide adequate security. During the trial, the parties developed competing theories to give context to the otherwise seemingly random attack. While the plaintiffs portrayed the attack as a botched robbery, the defendant put forth evidence to suggest that Luis was killed in retaliation for providing the police with information regarding a series of burglaries in which he was involved. At the close of the trial, the jury awarded the plaintiffs $5 million in damages. The court of appeals affirmed the judgment, stating that the manager had a duty to Luis as a matter of law and that the evidence was sufficient to support the jury’s finding that the manager breached its duty in a way that approximately caused Luis’ death. The defendant appealed to the court of appeals, arguing that Luis’ death was unforeseeable and that any failure on the manager’s part did not proximately cause Luis’ death. THE LAWSUIT In February 2002, an off-duty policeman began his shift as a security guard at the Quarry Market, a 53acre mall in San Antonio. Shortly after midnight, while driving past the front of the mall’s movie theater, the guard noticed two people he thought were dressed in black hats and jackets standing by the pay phone located just to the side of the theater entrance. Among the patrons at the movie theater were Luis and Karol. They had just finished watching a movie and were heading toward their car. Shortly after exiting the building, Karol heard a gunshot. She turned in the direction of the sound and saw a person dressed in black and wearing a ski mask point a gun toward her and Luis. The assailant fired again, hitting Luis in the shoulder and causing him to fall to the ground. Luis got back up, and the couple began running. Karol was only able to run a short distance before she fell facefirst to the ground and crawled under a nearby car for protection. Luis suffered three more gunshot wounds: two in the back, and one in the back of the head. Looking for a previous version of this column or another ABODE article? Members can log on to www.haaonline.org and visit the ABODE pages for access to a downloadable archive. Currently all 2008 issues are available. ABODE NOVEMBER 2008 11 IT’S THE LAW THE SUPREME COURT’S ANALYSIS When determining the issue of foreseeability, the court stated that certain types of crimes, such as vandalism, theft and neighborhood disturbances are not enough to make a shooting death foreseeable. 12 NOVEMBER 2008 ABODE The Supreme Court issued a majority opinion agreed to by five justices and a concurring opinion from the remaining four justices. The majority opinion reiterated the law that generally, a person does not have a duty to protect others from third-party criminal acts. However, one who controls the premises does have a duty to use ordinary care to protect invitees from criminal acts of third parties if he or she knows or has reason to know of an unreasonable and foreseeable risk of harm to the invitee. The majority opinion first looked at whether the shooting was foreseeable. There were more than 200 reported crimes at the mall over the previous two years. Most of the crimes were thefts, but there was also a handful of burglaries, auto thefts and incidents of vandalism. Ten of the crimes were classified as violent crimes, including murder, manslaughter, rape and aggravated assault. When determining the issue of foreseeability, the court stated that certain types of crimes, such as vandalism, theft and neighborhood disturbances are not enough to make a shooting death foreseeable. Similarly, although repeated occurrences of theft, vandalism and simple assaults at the mall signaled that future property crimes are possible, they do not suggest the likelihood of murder. After reviewing the proximity, publicity, recency, frequency and similarity of the violent crimes at the property, the court concluded that the previous crimes were not sufficiently frequent and similar to conclude that Luis’ murder was foreseeable and did not give rise to a duty to protect Luis from the shooting. THE CONCURRING OPINION The most interesting part of the court’s analysis was in the concurring opinion written by Chief Justice Wallace Jefferson and joined by Justices Nathan Hecht, Scott Brister and Phil Johnson. Although the majority opinion sets precedent for future cases and the concurring opinion does not, it is interesting to see how four of the justices view the issues that (with a shift of just one justice) could become law in later decisions. Chief Justice Jefferson agreed that the manager had no duty to protect Luis; however, he would not conclude that the attack was unforeseeable, but said that the risk of its occurrence was not unreasonable and that the consequences of requiring owners to prevent this type of crime would require a measure of deterrence that is neither feasible nor desirable. He indicated that the court must determine whether giving a jury the option to require owners to insure against brazen criminal attacks appropriately shifts law enforcement to the private sector. Chief Justice Jefferson stated that although the duty exists only when the risk of criminal conduct is so great that it is both unreasonable and foreseeable, See LAW, Page 44 RESIDENT RELATIONS From the RESIDENT RELATIONS COMMITTEES Carpet Complaints Residents who note less-than-perfect carpet at move-in often prevail in disputes over charges at move-out. T ake care to note the condition of the carpet in your units at move-in and move-out. Many complaints arise from charges for replacement of carpet that was worn or stained when they moved in. Keeping track of these conditions can save you headaches down the line. COMPLAINT A A resident filed a complaint with HAA to dispute charges and stated that at the time of move-in, she noted on her move-in condition form that the carpet had stains. Management responded to HAA with an explanation that they believed the resident was charged accordingly. Management charged the resident for the full replacement of carpet, a nonrefundable pet fee and a final water and electric bill. Enclosed were copies of the lease, deposit disposition, move-out notice, application and move-in condition form and pictures. The committee decided in favor of the resident and said the carpet charge of $826.76 should be removed because the resident had stated on her move-in condition form that the carpet had stains. The committee also said the $100 pet fee should be removed because management failed to provide a pet addendum. After the adjustments, management is to refund the resident $564.18. COMPLAINT B A resident filed a complaint with HAA to dispute charges, stating that she lived on the property four years and left the unit clean. Management responded that after reviewing the resident’s file, an incorrect electricity charge was found. Management revised the deposit disposition and said the resident was charged according to the terms of the lease. Enclosed were copies of the lease, deposit disposition, carpet invoice, move-out condition form and pictures. The committee decided in favor of the resident, stating that management did not provide documentation for the life expectancy of the carpet. Since the resident lived on the property four years, the committee decided that the carpet charge of $171 should be removed based on expected life of the carpet and a normal amount of wear and tear. After the revised charges management is to refund the resident $2.49. Managers can call the HAA main line at 713-595-0300 and ask for Resident Relations. Please identify yourself as a property manager so that we may direct your call appropriately. 14 NOVEMBER 2008 ABODE WORDS FROM NAA By MICHAEL TOMPKINS, CPM, CCIM, NAA Chairman of the Board STATE UPDATE From the TEXAS APARTMENT ASSOCIATION CAPS on Tap Plan for Prevention The new, condensed curriculum for the CAPS designation program is now complete Avoid liability for sexual harassment claims by crafting and communicating a policy and ready for instructor review. for filing and handling complaints. T he NAA Education Institute has completed the new Certified Apartment Property Supervisor designation program. It is available for affiliate staff to share with CAPS instructors to allow them to familiarize themselves with the new program before providing instruction. The target audience for the new CAPS is those who manage multiple apartment communities or have completed their Certified Apartment Manager, ARM or RAM designations and have a minimum of two years of experience in on-site management. The five modules included in the program are Legal Responsibilities and Risk Management, Financial Management, Property Performance Management, Property Evaluation and Due Diligence and Effective Leadership. 16 NOVEMBER 2008 ABODE INCOME & EXPENSES SURVEY NOW AVAILABLE NAA’s annual Survey of Income & Expenses in Rental Communities, completed by CEL & Associates Inc., is now available online at www.naahq.org/08ies. It contains detailed data summarized for six geographic regions and for metropolitan areas with at least 10 properties reported. An executive summary of the survey appeared in the August issue of Units magazine. STUDENT HOUSING CONFERENCE This year’s NAA Student Housing Conference & Exposition attendees learned earlier that one of the biggest and most lucrative niche markets for rental communities is off-campus student housing. At the 2009 NAA Student Housing Conference & Exposition, individuals who are considering, new to or currently involved in student housing management can share best practices, network and learn from industry leaders February 2-4 at The Venetian Palazzo Hotel and Resort in Las Vegas. The conference will kick off with an executive panel and keynote address about the intricacies of catering to the college demographic. Education sessions will focus on marketing, legal and Fair Housing issues; technology; turnover; recruiting; operations; and behavioral control. Dr. Richard Ferraro, assistant vice president of student affairs at Virginia Tech will close the conference with a case study discussion on crisis management. For information and to register, visit www.naahq.org/events/shc. A recent court decision offers excellent guidance for employers wishing to avoid liability for sexual harassment claims. In Adams v. O’Reilly Auto, Inc., the federal Eighth Circuit Court affirmed the dismissal of a claim against O’Reilly that it had not done enough to protect the employee from sexual harassment. The court evaluated O’Reilly’s anti-harassment policy and the implementation of that policy and found both sufficient to dismiss the harassment claims against the auto parts store. The facts of this case illustrate what employers should do to avoid liability for sexual harassment. THE CASE Rebecca Adams, an employee at O’Reilly Automotive, had suffered sexual harassment at the hands of her supervisor for more than two and a half years. Despite the company’s zero-tolerance anti-harassment policy, Adams did not immediately report this abuse to company officials. When Adams did finally report the harassment, O’Reilly promptly investigated and fired the harasser within two days. Adams then sued the company for the sexual harassment she had experienced before the harasser’s termination. O’Reilly sought to dismiss the claims, arguing that the evidence established an affirmative defense to liability – that O’Reilly had exercised reasonable care to prevent harassment in the workplace and to eliminate it when it might occur and that Adams had failed to reasonably take advantage of the company’s safeguards and avoid preventable harm. This defense, known as the EllerthFaragher defense, stems from the notion that “[an] employer is not ‘automatically’ liable for harassment by a supervisor.” In other words, while it is a company’s responsibility to have adequate anti-harassment protections, a complaining employee is not excused from failing to pursue available internal company remedies on his or her own behalf. O’Reilly had to show that it “exercised reasonable care to prevent and correct promptly any sexually harassing behavior” and that its policy “was reasonable and properly enforced.” THE COURT’S FINDINGS The court found O’Reilly's anti-harassment policy to be “more than reasonable” based on several factors: • O’Reilly has a “zero tolerance” policy requiring investigation and documentation of every report of sexual harassment. • The policy provided multiple channels for employees to report suspected harassment, including complaining, at their own election, to their supervisor, a sexual harassment hotline or the corporate human resources department. • Retaliation was prohibited against those who made complaints. until she found a corroborating witness and because she feared retaliation. The court held that harassment victims are only required to make a complaint/report, not to investigate and gather evidence before making a complaint. It further held that a fear of retaliation is not generally a valid excuse for failing to make a report of sexual harassment. As a result, the Court of Appeals affirmed the dismissal of Adams’ claims against O’Reilly. WHAT WE CAN LEARN What are the lessons for employers? First, have a written anti-harassment policy and ensure that all employers, supervisors and While it is a company’s responsibility to have adequate anti-harassment protections, a complaining employee is not excused from failing to pursue available internal company remedies on his or her own behalf. • The complaints were confidential. • O’Reilly distributed its policy through training videos, handbooks issued to all new employees and posters displayed in each store. Adams claimed O’Reilly’s policy was not reasonably enforced in practice because the company required a witness to corroborate the alleged sexual harassment before it would take action against an alleged harasser. However, O’Reilly simply required “some evidence confirming that harassment occurred.” The court noted that there was “nothing objectionable in O’Reilly requiring some kind of confirmation of sexual harassment before taking action against alleged harassers.” Although Adams claimed O’Reilly routinely ignored its stated anti-harassment policy, the company showed that had conducted investigations on several other employees’ claims in the past. O’Reilly also had to show that Adams unreasonably failed to take advantage of its anti-harassment policy. Adams’ failure to use the anti-harassment policy for more than two and a half years and O’Reilly’s immediate corrective action after she reported the harassment created a strong case that Adams’ delay was unreasonable. Adams argued that she delayed reporting other personnel are made well aware of it by aggressive and thorough dissemination through handbooks and conspicuously displaying posters outlining the policy. Second, provide confidential, usable avenues for employees to report harassment, as well as alternatives, such as an anonymous hotline and reporting directly to the human resources department. Third, when complaints are made – or when an employer otherwise becomes aware of a situation – promptly and thoroughly investigate the situation and maintain an investigative record. As the court noted, an “employer is not required to credit the statements on the she-said side absent circumstances indicating that it would be unreasonable not to do so.” Instead, an employer’s duty is to make reasonably diligent efforts to investigate and get to the truth of a matter. If conducted in good faith and in a prompt and thorough manner, these actions implementing an anti-harassment policy will usually satisfy an employer’s legal duties and may protect the employer against frivolous claims. James H. Kizziar Jr. is a partner in the San Antonio office of Bracewell & Giuliani LLP and serves as special counsel to TAA for labor and employment issues. ABODE NOVEMBER 2008 17 EDUCATION UPDATE By EMILY HILTON, HAA Vice President of Professional Development UPCOMING COURSES From the S What’s New? HAA and NAA are offering new and improved designation programs November for supervisors and maintenance technicians in 2009. In an industry that is notorious for its dynamic environment and constant change, it’s only fitting that the professional development programs that support it stay just a step ahead and continue to evolve. I ’ve always enjoyed talking to leasing professionals about why they love this industry. One reason that always tops the list is that no two days are ever the same. In an industry that is notorious for its dynamic environment and constant change, it’s only fitting that the professional development programs that support it stay just a step ahead and continue to evolve. The coming year holds many changes in store for the education programs at HAA. We are very excited to offer two brand-new programs from the National Apartment Association. Beginning in January, “CAPS 2.0” launches with a much-anticipated splash. Rewritten by subject-matter experts and professional curriculum developers to eliminate redundancy and offer a more realistic focus on the skill set of today’s property supervisor, this five-module program includes previously untouched material, including performing due diligence, operational audits and asset management, as well as a much-needed leadership component. Because the program has been condensed from eight modules to five, supervisors can begin the program in January and have it wrapped up before summer. Classes are held on Fridays to accommodate busy travel schedules and are priced at $249 each. Although candidates will still be required to pass a comprehensive online exam, the application component is no longer a requirement for receiving the designation. This often arduous paperwork was a hindrance to many candidates; its elimination should result in more CAPS designates than ever before. If you’ve been on the fence about attaining your CAPS designation, the time has finally come to sign up! CAMT RETURNS The Certified Apartment Maintenance Technician program returns to HAA in May after a three-year hiatus due to a decision by the Education Advisory Council to temporarily suspend the program because of its obsolete and outdated material. HAA has always been a strong proponent of continuing education and professional development for its maintenance professionals, and we are so thrilled to offer this program with confidence for the first time in many years. 18 NOVEMBER 2008 ABODE chedule and fees are subject to change without prior notification. Notice of cancellation is required two days in advance to receive a refund, less a $10 administrative fee. Seats are guaranteed on a first-come, first-served basis when payment and registration are received in advance of the program. Unless otherwise indicated, courses are held in either the Camden and Michael Stevens Interests Room or the Direct Energy and Liberty Personnel & Executive Search Room at the Dinerstein Reed Prokop Education Center, 4810 Westway Park Blvd. on the second floor of the HAA Office Building. Seating is limited. You must pre-register. The two non-technical courses, “Inside the Apartment Business,” and “People, Projects and Profits,” are taught entirely online, allowing learners to take each course at their own convenience and at their own pace. HAA will offer these courses at predetermined times within our state-of-the-art computer learning center for those students who may not have access to computers or high-speed Internet. After learning the new content in each course, students will go through a set of scenarios in which they evaluate the performance of maintenance technicians in realistic situations, then rate them on a set of criteria related to the learning points in the course. These scenarios not only allow learners to reflect on what they have learned so that they are more likely to apply what they have learned on the job, but they also give learners concrete examples of what not to do, so they know what to avoid as well. APPLE Leadership Session IV: Investment Managing – A Different Approach to Property Management With Rich George Tuesday, November 4 8:30 a.m. to noon $249 per property; $40 each for non-enrolled property personnel Sponsored by For Rent Media Solutions Gain a unique understanding of the art of managing multifamily assets with the owner’s interests in mind and look beyond obvious success indicators such as occupancy, traffic, conversion ratios and expense control. This program will help managers focus on the true goal of increasing value by improving NOI. VIRTUAL PRACTICE SESSIONS The five technical courses, including electrical, plumbing, HVAC, appliance repair and interior and exterior maintenance, take place in the classroom with an instructor presenting core concepts and procedures, as well as leading course participants through reinforcing learning activities. These activities will range from discussions to solving “what if” scenarios to hands-on activities. Instructors will have written guides to help them deliver the class; participants will have guides to help them absorb the material. After each course, learners will go online to engage in virtual practice sessions for that course. These scenarios let learners play the role of a maintenance technician in a realistic and interactive environment. They will make decisions to prioritize, diagnose and repair problems, just as they would on the job. However, in these scenarios, learners will be able to practice new things in a safe atmosphere, where they won’t hurt themselves or residents or cause property damage (or burn down the new HAA building!). Courses will be offered in the evenings, providing the opportunity for continuing education despite a busy workload during the day on-site. The complete program fee is $695, but students can opt to pay by Blue Star Program Thursday, November 6 7:30 a.m. to 4 p.m. Tracey Gee Community Center, 3955 West Center Road $35 if paid by November 5; $45 at the door Sponsored by Gexa Energy Created for rental properties of all sizes, the Blue Star Program’s goal is to help law enforcement officials and the apartment industry work together to effectively reduce criminal activity in rental properties. SOAPS Luncheon Honoring Maintenance and Managers Friday, November 7 11:30 a.m. to 1:30 p.m. Sponsored by Ameristar Screen & Glass, HD Supply and Liberty Personnel/Executive Search Details will be mailed to SOAPS members. For more information, call Kirsten at 713-595-0314. Extreme CAM/CAS November 10-14 8 a.m. to 5 p.m. (Registration at 7:30 a.m. on November 10 only) Program fee: $999 Sponsored by Gexa Energy, Service Concepts, AAA Plumbers and FSI Construction Accelerate the education process and earn your designation on a schedule that works best for you. Classes will be held Monday through Friday and taught by Rich George. Note: Recommended for experienced managers only. APPLE Core Session VII: Leadership is NOT Being Macho: Most courses and events take place at our offices and education center, located at 4810 Westway Park Blvd. (off Clay Road just east of the toll road). Clay Road Hwy. 290 m Sa ton us o H A registration form for all courses and seminars listed here is on Page 25. For more information, contact the Education & Meetings Department at 713-595-0319 or 713-595-0314 or register online at www.haaonline.org (online registrations discounted). Notice to Attendees: All pre-registered no-shows will be billed. For admittance into HAA/HAF events, payments will be required at the door if not received prior to the event. Start times listed below include a 30minute registration period. Notice of cancellation is required two days prior to the event for a refund, less a $10 administrative fee. Leaders that Deliver Results en Español With Jimmy Cabrera Tuesday, November 11 8:30 a.m. to noon $249 per property; $40 each for non-enrolled property personnel Sponsored by BG Personnel In the second APPLE session to be conducted entirely in Spanish, participants will learn that leadership is about humility, character, values and the desire to make a difference. $75 if paid by November 17; $85 at the door Sponsored by Houston Pest and Golden Greek Carpets See Page 43 for details. APPLE Maintenance Session IV: Basic Appliances With Mark Cukro Tuesday, November 18 8:30 a.m. to noon $249 per property; $40 each for non-enrolled property personnel Sponsored by BG Personnel Gain a basic understanding of refrigerator, range, oven, dishwasher and microwave repairs, as well as how to read wiring diagrams, test components, replace elements, test motors, and quickly diagnose the most common problems found in the field. Leasing 101 Tuesday, November 25 8:30 a.m. to 3 p.m. $65 if paid by November 24; $75 at the door Sponsored by Munisteri Sprott Rigby Newsom & Robbins PC Learn more about the industry as a career. Topics covered include greeting and qualifying the customer, presenting the lease, an overview of Fair Housing and more. Fair Housing Seminar Thursday, November 20 8:30 a.m. to noon. R Toll oad I-10 I-45 N ★ Gessner Note: map not to scale HAA EDUCATION DEPARTMENT IROC Breakfast Friday, November 21 7:30 a.m. to 10 a.m. Free/members; $25 non-members Sponsored by Camp Construction Services December SOAPS Holiday Luncheon Thursday, December 4 11:30 a.m. to 1:30 p.m. Sponsored by Apartment Guide, Direct Energy and Houston Pest Details will be mailed to SOAPS members. For more information, call Kirsten at 713-595-0314. To see a more detailed map and search for directions to the HAA Offices and HAF Dinerstein Reed Prokop Education Center, visit Google Maps and enter: 4810 Westway Park Blvd. 77041 See WHAT’S NEW, Page 49 ABODE NOVEMBER 2008 19 CALENDAR OF EVENTS NOVEMBER S M T W CALENDAR OF EVENTS T 2 3 4 5 6 9 10 11 12 13 16 17 18 19 20 23 24 25 26 27 30 F 7 14 21 28 November 2008 Events Education 1 4 Wild West Chili Fest – Saturday, November 1, noon to 6 p.m. at the Houston Farm & Ranch Club, One Abercrombie (off Hwy. 6 about 2 miles north of I-10). Saddle up and bring the family to enjoy HAA’s 18th annual chili cook-off. APPLE Leadership Session IV: Investment Managing – A Different Approach to Property Management with Rich George – Tuesday, November 4, 8:30 a.m. to noon. Sponsored by For Rent Media Solutions. 6 IROC Breakfast – Friday, November 21, 7:30 a.m. to 10 a.m. Sponsored by Camp Construction Services. Election Day – Tuesday, November 4. HAABGF endorsements are available online at www.haaonline.org. Blue Star Program – Thursday, November 6, 7:30 a.m. to 4 p.m. at the Tracey Gee Community Center, 3955 West Center Road. See Page 25 for details. Sponsored by Gexa Energy. 20 10-14 Annual Business Meeting – Thursday, November 20, 6 p.m. to 8:30 p.m. at the Hilton Post Oak Hotel, 2001 Post Oak Blvd. Featured speaker: Debra Duncan. See Page 6 for details. Sponsored by Liberty Personnel/Executive Search and Resident Data. Extreme CAM/CAS – November 10-14, 8 a.m. to 5 p.m. (registration at 7:30 a.m. on November 10 only). Sponsored by Gexa Energy, Service Concepts, AAA Plumbers and FSI Construction. 4 27, 28 Offices Closed – Thursday, November 27 and Friday, November 28. The HAA Offices will be closed in observance of the Thanksgiving holiday. ABODE F 5 12 19 26 S 6 13 20 27 December 2008 Events 20 5 5 8 24, 25, 31 12 Fair Housing Seminar – Thursday, November 20, 8:30 a.m. to noon. See Page 43 for more information. Sponsored by Houston Pest and Golden Greek Carpets. Program & Budget Committee – Wednesday, November 5 at 8:30 a.m. Share Your Holidays Food Drive – Friday, December 5 at the Channel 13 studios. Contact Susan at 713-595-0313 or shinkley@haaonline.org or see Page 76 for details. Fall Golf Tournament – Monday, December 8, 10 a.m. check-in at the BraeBurn Country Club, 8101 Bissonnet. Contact Aimee for details at aarrington@haaonline.org. Offices Closed – Wednesday, December 24, Thursday, December 25 and Wednesday, December 31. The HAA Offices will be closed in observance of the Christmas and New Year’s Eve holidays. CAM Exam – Friday, December 12. CAM students should contact the Education Department at 713-595-0314 for details. Expo Committee Phone-a-thon – Wednesday, November 5 at 9 a.m. 21 25 Leasing 101 – Tuesday, November 25, 8:30 a.m. to 3 p.m. Sponsored by Munisteri Sprott Rigby Newsom & Robbins PC. 11 APPLE Core Session IV: Leadership is Not Being Macho with Jimmy Cabrera – Tuesday, November 11, 8:30 a.m. to noon. Sponsored by BG Personnel. 18 Unless otherwise noted, all events meet at our Dinerstein Reed Prokop Education Center, 4810 Westway Park Blvd., second floor, in either the Direct Energy and Liberty Personnel & Executive Search Room or the Camden and Michael Stevens Interests Room. NOVEMBER 2008 T 4 11 18 25 Meetings APPLE Maintenance Session IV: Basic Appliances with Mark Cukro – Tuesday, November 18, 8:30 a.m. to noon. Sponsored by BG Personnel. 20 DECEMBER S M T W 1 2 3 7 8 9 10 14 15 16 17 21 22 23 24 28 29 30 31 S 1 8 15 22 29 Education 6 Product Service Council – Thursday, November 6, 9 a.m. Meetings located at the HAA Offices, 4810 Westway Park Blvd., first floor, will be held in the Redi Carpet and Winograd Families/ Judwin Properties Conference Room. TAA Phone-a-Thon – Thursday, November 6, 10 a.m. Better Government Fund Luncheon – Thursday, November 6 at noon. Contact Aimee at aarrington@haaonline.org for details and to RSVP. 12, 26 Resident Relations Committee – Wednesdays, November 12 and 26 at 3 p.m. 12 Ambassador Club – Wednesday, November 12, 4 p.m. to 6 p.m. at Amazon Grill, 9600 Westheimer (at Gessner). For details, contact Lisa at 713-595-0322 or lbutler@ haaonline.org. 20 Legislative Committee – Thursday, November 20, 3:30 p.m. at the Hilton Post Oak Hotel, 2001 Post Oak Blvd. We’re here for you! Keep the Houston Apartment Foundation Dinerstein Reed Prokop Education Center in mind when your company is in need of a facility for your next meeting or employee training. The center is available for rental to members and is the perfect venue for budget meetings, planning sessions and more. Fees range from $250 to $500 (AV fees additional). For more information, contact Lana Shiller at 713-595-0306, e-mail lshiller@haaonline.org or visit us online at www.haaonline.org. Board of Directors – Thursday, November 20, 4:30 p.m. at the Hilton Post Oak Hotel, 2001 Post Oak Blvd. Sponsored by For Rent Media Solutions. ABODE NOVEMBER 2008 21 2009 EDUCATION KICK-OFF: LEASING BOOT CAMP Brand new, baby! Program Goals • To give learners the skills and knowledge they'll need to become successful property supervisors, as well as to earn their CAPS certification. • To provide a comprehensive review of the skills identified in the CAPS Skills Standards. • To improve overall management and leadership skills that will positively impact financial performance and help reduce turnover. • To professionalize the CAPS credential and make it a mark of professional distinction and accomplishment. Legal Responsibilities and Risk Management The Legal Responsibilities and Risk Management course is a comprehensive survey of employment, rental and contract law affecting the multifamily housing industry, as well as a review of key environmental and safety regulations. This course also includes a brief section to help students establish and execute an effective risk management program for their apartment communities. Financial Management The Financial Management course helps students become fluent in the financial concepts, terminology, formulas and ratios commonly used in the multifamily housing industry. The emphasis is on showing students how to maximize income and manage expenses for their properties. E V I S N E T N I Additional Requirements: • Students will be required to pass an online comprehensive exam at the conclusion of the program in late spring. • New for 2009: A candidate application is no longer a required component for earning the designation. Program Fee: $1,245 for the complete program. Attend individual modules for $249 each. Property Evaluation and Due Diligence The Property Evaluation and Due Diligence course covers the various processes – property inspections, financial and operational audits and regional and neighborhood analyses – property supervisors will complete to help an owner or company acquire, sell or renovate a property. Reach for something shiny and new in 2009. Revamped and revised! Classes begin in January! 2009 HAA Education Kick-Off: Leasing Boot Camp Thursday, January 22 8:30 a.m. – Registration and breakfast; 9 a.m. to 4 p.m. – Program including lunch HAF Dinerstein Reed Prokop Education Center, 4810 Westway Park Blvd., off Clay Road and the Beltway $99 if payment received by January 19; $129 if after January 19 For more information and to register, contact the Education Department at 713-595-0300, e-mail educ@haaonline.org or visit www.haaonline.org. Property Performance Management The Property Performance Management course teaches students how to ensure that their properties are performing at or above the expectations set in the management agreement or business plan. It introduces learners to the key operational and service measures used in the industry and shows them how to write a clear and compelling owner’s report. For more information, contact the Education & Meetings Department at 713-595-0314, e-mail educ@haaonline.org or go online to www.haaonline.org. Effective Leadership The Effective Leadership course shows students how to go beyond day-to-day management and enter the world of team leadership. Topics covered include: leadership vs. management, the emotionally intelligent leader, employee engagement, feedback and coaching and team building. ABODE NOVEMBER 2008 23 ✯ Help fight crime in the community and earn a Blue Star Get certified with the Houston Police Department’s Blue Star program and show your community that you are committed to fighting crime. Extreme CAM Monday through Friday November 10-14 8 a.m. to 5 p.m. Dinerstein Reed Prokop Education Center already designation is r e g a n a M t n format, Apartme arged five-day h c re p The Certified su a Presented in rocess and exceptional. e education p th s te ra le e c Manager ac d Apartment Extreme CAM ie if rt e C e th ended for attain ods. (Recomm ri e allows you to p ss la c ve only fi designation in agers only) an experienced m 2nd Floor of the new HAA/HAF Office Building, 4810 Westway Park Blvd., east of Clay Road and Sam Houston Pkwy. Cost: $999/person Pre-registration is required. Payment in full must be provided at time of registration to ensure timely delivery of textbook for review prior to course. For more information, contact the HAA Education & Meetings Department at 713-595-0319 or 713-595-0314, e-mail educ@haaonline.org or visit www.haaonline.org. Pay onli ne cre di t ca wi th a rd and s ave 10 pe rc ent ! Instructor Rich George is the owner and managing director of NOI Coach, a business coaching, consulting and training firm based in Michigan. A successful business person and published author with more than 20 years of business experience, George brings a nononsense approach to strategic planning and a passion for employee development and culture building. His background includes the management of more than $2 billion of real estate assets and more than $50 million of capital reinvestment strategies. George has been involved with successful acquisitions, dispositions, merger facilitation and repositions. Key to his portfolio is the management of highly distressed properties, including those in court receivership. George attended Wayne State University and is a licensed real estate broker. He has been recognized by his peers as a leader in the industry serving in many different roles within the National Apartment Association. He was recognized as one of the first graduates of the Leadership Lyceum, is a current faculty member and has received the honor of the CAPS designation as well as the ARM designation. George is an in-demand speaker at many industry events. Known for his team building, culture changing and change management skills, George leads the market in promotion and preservation. Don’t miss this informative program with speakers from HPD Vice, Narcotics, Gangs and Graffitti departments and HAA General Counsel Howard Bookstaff. Topics to be covered include: • Understanding Crime Prevention • CPTED Concepts • The Application Process • Community Rules and Leases • Apartment Communities – Not Complexes • Active Property Management • Combating Crime Problems • Liability Issues • Dealing with Non-Compliance REGISTRATION Blue Star Program Thursday, November 6 7:30 a.m. to 4 p.m. Tracey Gee Community Center, 3955 West Center Road $35 if paid by November 5; $45 at the door Sponsored by Gexa Energy For more information and to register, contact the Education Department at 713-595-0314, e-mail educ@haaonline.org or look online at www.haaonline.org. Register online at www.HAAonline.org to receive a discount! Enclosed is $ ___________ to register for the following event(s). Please make checks payable to the Houston Apartment Foundation. For courses and events designated by an asterisk (*), please make checks payable to the Houston Apartment Association. o MasterCard o Visa o American Express o Discover Card Number _________________________________________________________ Name as it appears on card _______________________________________________________________ Expiration Date __________/__________ Signature _____________________________________________________________________________________________________________________ o APPLE Leadership Session IV: Investment Managing, Tuesday, November 4. $249/property; $40/non-enrolled property personnel. o Blue Star Program, Thursday, November 6. $35 if paid by November 5; $45 at the door. o Extreme CAM/CAS, November 10-14. Program fee: $999. o APPLE Maintenance Session IV: Basic Appliances, Tuesday, November 18. $249/property; $40/non-enrolled property personnel. o Fair Housing Seminar, Thursday, November 20. $75 if paid by November 17; $85 at the door. o IROC Breakfast, Friday, November 21. Free/members; $25 non-members. o Leasing 101, Tuesday, November 25. $65 if paid by November 24; $75 at the door. Name(s) ______________________________________________________________________________________________________________________ Company _____________________________________________________ Address _______________________________________________________ City _________________________ State______ Zip ______________ Phone_________________________ Fax_______________________________ Sponsored by AAA Plumbers, Gexa Energy, FSI Construction and Service Concepts 24 NOVEMBER 2008 ABODE Mail to the Education and Meetings Department, Houston Apartment Foundation: 4810 Westway Park Blvd., Houston, TX 77041; fax to HAF at 281-582-1508, e-mail educ@haaonline.org or online at www.haaonline.org. Schedule and fees are subject to change without prior notification. Notice of cancellation is required two days in advance to receive a refund less a $10 administrative fee per registration; payment will be considered nontransferable at this time. Because of guarantees at hotels, restaurants and other venues, all pre-registered no-shows will be billed. For admittance into HAA/HAF events, payments will be required at the door if not received prior to the event. The Houston Apartment Foundation does not discriminate on the basis of race, color, religion, sex or national origin in any of its education programs. Register online with a credit card at www.haaonline.org and save. ABODE NOVEMBER 2008 25 INDUSTRY UPDATE From the NATIONAL APARTMENT ASSOCIATION and the NATIONAL MULTI HOUSING COUNCIL ADA Amended Congress addresses rulings on disability accommodations, acts on GSE reform and encourages energy efficiency. C ongress has passed legislation amending the Americans with Disabilities Act that President Bush is expected to sign. The measure (S 3406), which passed the Senate on September 11 and the House on September 17, would reverse court decisions that have narrowed the ADA’s interpretation of disability. The House passed comparable, but not identical, legislation (HR 3095) in June. Among other things, the measures specifically address a series of rulings by the Supreme Court and lower courts that denied ADA coverage to individuals who used medication or medical equipment to manage their disabilities. The bill represents a compromise between the business community and disability advocates to properly restore individual protections under the ADA without imposing undue burdens on employers. Earlier versions of the bill were strongly opposed by the business community because they would have broadened the definition of disability under the ADA beyond what Congress intended when the original statute was enacted. The original ADA language defines a physical or mental impairment as one that substantially limits one or more major life activity. Earlier versions of the bill were strongly opposed by the business community because they would have revised that definition to include anyone who has a physical or mental impairment, has a record of such impairment or is regarded as having such an impairment. Without qualifying language, this would have extended coverage to anyone with an impairment such as poor eyesight, or the flu. The compromise retained the “substantially limited” language and clarifies that a determination of disability is to be made “without regard to mitigating measures” such as medication or prosthetics. MULTIFAMILY CAPITAL MARKETS NMHC is following developments in the multifamily capital markets. While it is too 26 NOVEMBER 2008 ABODE early to assess the impact on the commercial property sector of the Lehman Brothers failure and the sale of Merrill Lynch, NMHC is actively working with the Federal Housing Finance Agency following its September 7 takeover of Fannie Mae and Freddie Mac. This dramatic action by the government to stabilize the two mortgage companies has raised many questions regarding the status of their multifamily lending programs. industry. Given the rescue plan’s heavy emphasis on securitization, we are stressing the importance of allowing the GSEs to hold multifamily mortgages theypurchase in their retained portfolios. We have explained to the regulators that a “one size fits all” approach to GSE programs could have seriously negative consequences for multifamily lending and financing. We have noted that maintaining the agencies’ ability to do portfolio executions The bill represents a compromise between the business community and disability advocates to properly restore individual protections under the ADA without imposing undue burdens on employers. As a result of our outreach to FHFA staff, on September 12 the agency issued a statement saying that business will continue as usual in the multifamily sector. It specifically states that the conservatorship “does not affect existing contracts, nor the authority of the Enterprises to enter into new contracts, nor their enforceability. As conservator, FHFA expects each Enterprise to continue underwriting and financing sound multifamily business. We also do not expect either company to liquidate its portfolio of Low-Income Housing Tax Credits or mortgage-revenue bonds.” (See www.nmhc.org/goto/4875.) Under the conservatorship, each GSE portfolio is allowed to increase to $850 billion by the end of 2009, after which their holdings would shrink about 10 percent a year until they reach $250 billion each. The expansion of the firms’ retained portfolios should benefit the apartment sector since both companies retain the vast majority of multifamily loans they finance. The conservatorship expires at the end of 2009, leaving the next Congress and administration to determine their long-term future. NMHC has already begun to actively work with regulators and Congress to ensure that the long-term plans for the GSEs do not negatively affect their ability to serve as the key source of mortgage capital for the apartment will not adversely affect their soundness since multifamily loans represent a small portion (less than 12 percent) of the GSEs’ total on-balance sheet holdings and their delinquency rates are a fraction of the delinquencies in the single-family market. The 60-day-plus delinquency rate on multifamily loans held or insured by the agencies is 0.11 percent for Fannie Mae and 0.03 percent for Freddie Mac. We will continue to work with regulators and lawmakers as the situation evolves and will continue to make the case that one key reason the apartment sector is out-performing nearly every other real estate sector is because of the capital provided by Fannie Mae and Freddie Mac in the midst of the current fiscal crisis. ENERGY EFFICIENCY TAX INCENTIVES Energy policy took center stage in Congress as it returned to work on September 8. On September 16, the House passed an energy bill (HR 6899) with several housingrelated provisions. Among other things, the measure would establish HUD energy efficiency standards for single- and multifamily housing, give Fannie Mae and Freddie Mac additional credit toward their affordable housing goals for financing housing that meets energy efficiency standards, provide incentives for energy efficiency in FHA multifamily financing and add green development requirements to the HOPE VI program. While NMHC and NAA support the goal of increasing the energy efficiency performance of the nation’s real estate, we believe that it should be accomplished through incentives to offset costs and not mandates. We opposed provisions in the bill that would eviscerate the current building code system, impose specific performance metrics for existing buildings without regard to building age or cost of the upgrade and create an uneven playing field for green certification systems which could put developers who rely on code-based protocols at an administrative disadvantage if they compete for HUD funding. The measure also included an $18 billion energy tax title that would extend several tax incentives supported by NAA and NMHC, including a temporary $1.80-per-square-foot tax deduction for energy-efficient commercial buildings and a 30 percent investment tax credit for solar energy and qualified fuel cell property that will expire December 31 in the absence of congressional action. (See www.nmhc.org/Content/ServeContent.cfm? ContentItemID=4384&IssueID=80 for details.) JOINT LEGISLATIVE PROGRAM TO END NMHC and NAA announced in September that as of March 1, 2009, the organizations will end their joint legislative program. For 17 years, NMHC has represented both organizations before Congress, the federal agencies and the judicial branch. The two organizations plan continued collaboration. “As America prepares to inaugurate a new president and welcome a new Congress next year, the apartment industry faces a number of critically important issues, including taxes, high-performance building mandates, accessibility, immigration and union formation,” said Ric Campo, CEO of Camden Property Trust and NMHC Chairman. “NMHC has a long history of providing strategic leadership to the apartment industry and a proven track record of advancing the industry’s interests in Congress, before the federal regulatory agencies and on key issues at the state level. “We are in a unique position to provide public policy leadership for the apartment sector thanks to our long-term relationships with key policymakers and our team of widely respected expert staff members. We are dedicated to enhancing that effort even further.” ABODE NOVEMBER 2008 27 MEDIA ROUNDUP By JENIFER PANERAL, CPM, Media Relations Committee Chair with AIMEE BERTRAND, HAA Public Affairs Specialist Front and Center HAA leaders stepped up to provide public faces for the industry as news media covered the aftermath of Hurricane Ike. Nearly every local television station, news radio station and newspaper has been in contact with HAA for stories on relocations of displaced residents, legal responsibilities of owners and other hot topics. 28 NOVEMBER 2008 ABODE O ver the past few weeks, HAA has been busily responding to media inquiries in the wake of Hurricane Ike. We wanted to share some of our recent exposure with you and thank the HAA leaders who faced media cameras on your behalf! Nearly every local television station, news radio station and newspaper has been in contact with HAA for stories on relocations of displaced residents, legal responsibilities of owners and other hot topics. • HAA President John Ridgway of Pinnacle, was interviewed by no fewer than six media outlets (some of which interviewed him multiple times), including the Houston Chronicle, KTRH 740 AM, KHOU CBS 11, KTRK ABC 13, KRIV FOX 26, the Del Walmsley show on Biz Radio 1110 and Apartment Realty Advisors. John covered topics ranging from our concerns and hopes for a FEMA/HUD long-term housing program to damages apartment communities sustained from the hurricane. He has become a go-to resource for media in addition to being an excellent spokesman on our behalf. • HAA Vice President Beth Van Winkle of Milestone Management gave a great interview to CW 39’s Elizabeth Lee. Beth showed the reporter the hard work that contractors have been doing to repair damage from Hurricane Ike on one of Milestone’s properties as an example of the clean-up work that is being done at communities across our area. She also found a resident who had been relocated due to damage and was willing to be interviewed by the television station. The reporter and photographer were very pleased with the interviews and aired two stories covering storm-related issues during the same newscast. • HAA Board Member Theresa Lamar of Liberty Personnel/Executive Search braved a live interview with KTRK ABC 13’s Ilona Carson and Erik Barajas just days after Hurricane Ike. Theresa did a wonderful job of letting the Houston community know that apartment industry professionals were working hard to assess damage and make repairs. • In addition, HAA staff members and HAA’s public relations consultant, Becky Myers of Myers Public Relations, responded to immediate media needs. If you are approached by the media and would like some guidance, please consider contacting HAA by calling 713-595-0302 or e-mailing media@haaonline.org. HAA staff members are happy to assist you. For the latest post-Ike information, please visit www.haaonline.org. SAFE IN MY PLACE The Houston Apartment Association’s Safe In My Place Web site was enhanced to feature hurricane information at the top of the page. We received nearly 4,000 hits in September with visits spiking on September 11, just two days before Hurricane Ike struck the Texas Gulf Coast. Most of the traffic to the site came from other Web sites, like the KPRC Channel 2 Hurricane Resources page and the Chronicle’s SciGuy blog. HAA staff and our PR consultant spent time before the hurricane ensuring that the Web link was posted in as many places as possible. Houston City Council members and Houston’s congressional leaders were also made aware of the site and asked to share it as a resource for their constituents. Some members have reported that they used the page to download information for their employees and residents. The site is updated regularly to feature the latest safety resources for managers and renters in Houston. In October, fire safety became the “hottest” topic on Safe In My Place. Visit www.safeinmyplace.com to request fire safety magnets for your property or contact Aimee at aarrington@haaonline.org or 713-595-0302. HISPANIC HERITAGE AWARDS HAA nominated Cesar Lima, Product Service Council immediate past president, for the City of Houston’s Hispanic Heritage Award. Though Cesar was not chosen this year, his son Henry Lima received the honor. Sell Low, Rent High The slow-down in single-family home sales due to the subprime lending crisis has given the apartment market a big boost. By BRUCE McCLENNY, Apartment Data Services Inc. h ouston’s apartment market has shown resilience and strength during 2008 as the local job market cooled down. Houston’s job growth during 2008 has been essentially halved from that of 2007. The 12-month net change in jobs for the HoustonSugar Land-Baytown metro area at the end of August 2007 was 106,500. By the end of August 2008, the 12-month net change in jobs for the metro area had settled to 53,400. Generally, a significant slowdown in job growth produces a drag on absorption with a corresponding flat to negative impact on occupancy and rent levels; however, absorption through the first nine months of 2008 was even stronger than the same period of 2007. Year-to-date absorption as of the end of September of 2008 was 9,596 units, while 2007’s absorption for the same timeframe was 7,176. Now that the anybody-can-qualify party has passed, the number of existing homes sold has settled to around 73,000 during the 12-month period ending in August. Undoubtedly, the slowdown in single-family activity caused by the subprime lending crisis has helped give apartment absorption a big boost in 2008. According to the August MLS press release from the Houston Association of Realtors, “the greater Houston area suffered the biggest year-to-year decline ever in August,” capping 12 consecutive months of decline in home sales. The statistics reveal that home sales have dropped by 20.1 percent on a year-over-year basis. In addition, construction permits for new homes on a year-over-year basis have plummeted by 29.5 percent as of the end of August. $716 At the height of the subprime madness somewhere around the end of 2006, when all it took was a heartbeat to qualify for a teaser rate mortgage, HAR boasted of sales activity for 2006 that exceeded 87,000 homes. According to MetroStudy, new home sales for 2006 surpassed 48,000 homes. Now that the anybody-can-qualify party has passed, the number of existing homes sold has settled to around 73,000 during the 12-month period ending in August. The number of new homes sold over the same period was around 28,000. These lower sales numbers reflect the higher qualification requirements and less generous mortgage terms now in place. More importantly, the slowdown in the singlefamily activity has translated into stronger demand for rental properties as demonstrated by 2008’s strong absorption performance. • $707 Houston Overall Occupancy and Rental Price NOVEMBER 2008 ABODE $678 $670 93% – $659 • $663 • $662 • $686 • – $690 • – $680 • • – $670 • – $660 91% – – $650 89.8% 89.0% 89% – – $710 – $700 $695 $686 Rents Occupancy 95% – – $640 88.0% 87.8% 87.8% 87.9% – $630 87.1% 87% – 87.1% 86.8% 86.9% – $620 A FUNDAMENTAL SURPRISE The graph at right illustrates how the overall market has performed over the past 10 quarters. Rent levels have steadily improved while occupancy has drifted lower. This is quite a surprise! Normally when occupancy levels – $610 85% – – $600 – $590 83% – Jun06 30 • – $720 Sep06 Dec06 Mar07 Jun07 Sep07 Dec07 Mar08 Jun08 ABODE Sep08 NOVEMBER 2008 31 Analysis by Classification ’07 & ’08 Construction Supply Occupancy ¢/sq ft $/month Rent 12-Month Trend 3-Month Trend 12 Months 28,680 49.5% 111.4 $1,093 – – 9,123 Absorption (Units) 3 Months 2008 YTD 2,753 8,071 Class A (w/o ’07 & ’08) 77,386 93.3% 121.2 $1,132 4.2% 6.6% 78 234 780 Class B (w/o ’07 & ’08) 205,473 91.2% 84.8 $718 2.2% 2.4% -592 106 517 Class C 206,526 86.0% 66.4 $558 1.8% 3.3% -1,188 190 313 Class D 32,693 82.2% 44.6 $378 -0.3% -0.6% -283 -33 -85 Overall 550,758 86.9% 83.0 $716 4.3% 5.0% 7,138 3,250 9,596 remain persistently flat and less than 90 percent, rents respond in a flat to negative manner. Even though absorption has been substantial for the reasons described above, a rise in occupancy has been thwarted due to the heavy amount of new construction units delivered during 2007 and 2008. Fortunately, the amount of absorption has been able to move rents by providing enough demand to satisfy the lease-up goals of the new construction supply as well as cover the move-out notices of stabilized product. In other words, absorption has provided enough leasing momentum to give properties the confidence to raise rents despite a relatively low overall occupancy level. WHAT ABOUT IKE? Hurricane Ike blew through Houston on September 13 and immediately began to influence occupancy and rent levels. What is shown on the graph for September 2008 is only the beginning of the Ike impact. It remains too early to tell what the overall market impact from Ike might be. To get a better idea, it may be useful to review what happened to the market after Tropical Storm Allison dumped more than 35 inches of rain back in June 2001. Allison flooded many apartments and homes. Houstonians displaced by the storm, as well as legions of insurance adjusters and construction workers, sought available apartments to lease. This flurry of leasing activity prompted properties to quickly eliminate concessions. Prior to Allison, approximately 50 percent of the To be sure, occupancy will improve in the months following Ike. Unfortunately, at this time information about the damage is still very sketchy. It is probably a safe assumption that most all first floor-units in Galveston were flooded. market was offering some form of a concession or special. By August, only 27 percent of properties were offering concessions. This elimination of concessions spiked the overall average rent by $26 per month. Rents are quoted on an effective basis, derived by deducting the prorated effect of concessions from the street or market rent. The September 2008 rent level of $716 marks a $6 increase that occurred after the Ikeinduced leasing momentum gave the market the resolve to begin eliminating concessions. At the beginning of September, 54 percent of all properties offered some form of a concession. By the end of September, the number of properties offering concessions had eased to 48 percent of the supply. To be sure, occupancy will improve in the months following Ike. In 2001, the overall occupancy level jumped by 1.2 percentage points during the months following Allison. In addition, more than 20,000 units were flooded, representing about 4.5 percent of the overall supply. Unfortunately, at this time information about damage from Ike is still very sketchy. It is probably a safe assumption that most all first-floor units in Galveston were flooded. (We are tracking around 5,000 units in the Galveston area.) In addition, all cities along Galveston Bay had properties with various degrees of damage. A best guess for the number of Ike-damaged units ranges from 10,000 to 12,000, which represents about 2.0 percent of the supply. OVERALL PERFORMANCE ANALYZED BY CLASS The table on Page 32 provides a snapshot of conditions by class as of the end of September. This table breaks out the performance of each class and shows how each segment contributed to the overall market’s performance. 32 NOVEMBER 2008 ABODE The 12-month trend for overall rent posted a very strong 4.3 percent rate of growth. This stout performance was achieved despite getting a flat start over the last three months of 2007. The overall three-month trend is even better at 5.0 percent. The three-month trend is annualized, which assumes that this trend will continue for the next nine months. The overall absorption performance discussed above is the hero of this report. It has been strong and unusual and has been the force behind the impressive growth in rents. However, as strong as absorption has been, it has been no match to keep up with the pace of new construction units delivered into supply. NEW CONSTRUCTION The new construction units delivered in 2007 and 2008 have been filtered out of Class A and Class B to create a separate classification. Since the beginning of 2007, 28,680 units have been introduced into supply. Approximately 68 percent are Class A, and 32 percent are tax-credit and considered Class B. In addition, 14,752 units were constructed in 2007, and 14,108 units have been constructed so far in 2008. These properties are in various stages of lease-up, which accounts for the low occupancy level of 49.5 percent. The low occupancy is of little concern, since leasing has been going very well as this category has claimed most all the absorption. Normally the rent levels of new construction properties are higher than the stabilized Class A product. However, because of the relatively large component of tax-credit units in this category, rent per square foot for new construction is lower than that of Class A. Rent trends for this group cannot be accurately calculated due to the volatility caused by the continually increasing number of units being introduced. ABODE NOVEMBER 2008 33 CLASSES A & B WITHOUT NEW CONSTRUCTION 7777 Blankenship Drive • Houston, Texas • 77055 Taking the new-construction units out of Class A provides a stabilized analysis of this product type. Twelve months ago, the occupancy level for this group was 93.2 percent, and the average monthly rent was $1,091. By September, occupancy had inched up to 93.3 percent, and rent had improved by 4.2 percent to register an average of $1,132. The past three months have proved to be even stronger, coming in a 6.6 percent annualized growth rate. Newly constructed tax-credit units create new demands on a classification system. These properties have features and amenities of Class A and price levels of Class C. Because of this mixed identity, these properties are classified as Class B. Since 2007, around 9,200 units of new construction have been added to the Class B category. With these units filtered out, overall Class B occupancy stands at 91.2 percent. This occupancy level is slightly less than the 91.5 percent occupancy level 12 months ago. Even though occupancy drifted lower, rents were still able to move forward by 2.2 percent over the past 12 months. CLASS C AND CLASS D During 2007, Class C finally broke into positive rent growth territory after losing ground for several years to tax-credit properties, seniors-only properties and single-family homes. Of course, losing residents to homeownership has become much less of a competitive issue during 2008, and the 12-month rent trend of 1.8 percent lends credence to this notion. It is noteworthy that Class C was able to achieve a positive rent trend when occupancy was falling from 86.7 percent last October to 86.0 percent at the end of September 2008. The 3.3 percent rent trend over the past three months is a very interesting development in that Class C became more aggressive toward raising rents when it received a little positive absorption. Class D turned in its usual lackluster performance with negative rent growth and absorption. LOOKING AHEAD The outlook for Houston’s economy, as well as the national and global economies, is fraught with fear and uncertainty. Houston’s economy has been cushioned from the downturn in the national economy mainly because of the prosperity of oil-related indus- 34 NOVEMBER 2008 ABODE The outlook for Houston’s economy, as well as the national and global economies, is fraught with fear and uncertainty. Houston’s economy had been cushioned from the downturn in the national economy mainly because of the prosperity of oil-related industries. &Gala2009 Installation NewYear Friday, January 16 Hilton Americas - Houston 1600 Lamar, Ballroom of the Americas See next month’s magazine or call 715-595-0300 for details 36 NOVEMBER 2008 ABODE tries. Experts say that Houston’s economy is now around 50 percent dependent on oil, whereas in the 1980s it was more than 80 percent dependent. We are not as vulnerable as we were in the 1980s, but with oil dropping into the $80-per-barrel range and the credit crisis slowing the demand for oil in all economies, Houston’s economy will begin to look more like the national economy. The 12-month net change in jobs nationally at the end of August was a loss of 279,000 jobs, which translates to a negative 0.2 percent performance. Comparatively, Houston experienced a gain of 53,400 jobs, a 2.1 percent rate of growth. The Bureau of Labor Statistics has released September’s national jobs report, and the news has worsened. The nation has lost 519,000 jobs (12-month net change), equating to a 0.4 percent decline. Houston’s September jobs report is due out soon and most likely will not show much change. How will Houston’s job picture change in 2009? Once again, looking back at 2001 and the following years might provide a basis to assume how Houston’s job picture might respond to a national downturn. The major events of 2001 are strangely similar to those of 2008. Both years saw Houston experience a flooding event (Tropical Storm Allison in 2001 and Hurricane Ike in 2008) and a catastrophe with global economic consequences (the 9-11 terrorist attacks in 2001 and the credit/banking crisis in 2008). In December 2002, the 12-month net change in jobs for the Houston-Sugar LandBaytown area was a negative 5,100 jobs, and by December 2003 it was a negative 14,300 jobs. Let’s say that this exercise provides us with a worst-case scenario for mildly negative job growth for 2009 and 2010. A best-case scenario for Houston jobs must consider that oil at $80 a barrel is a price high enough for most drilling companies to keep drilling, that Hurricane Ike will produce reconstruction jobs and that the Medical Center is in the middle of massive expansion plans. In addition, this national downturn might produce local population growth at the expense of other regions of the country as families and individuals seek jobs and a lower cost of living. Let’s say that a bestcase scenario for job growth for 2009 and 2010 would be around 15,000 to 20,000 jobs each year. Hopefully, local economists will soon give us a jobs forecast based more on scientific methods rather than supposition as the one above. WHAT WILL HOUSTON’S APARTMENT MARKET DO? Traditionally, the fourth quarter experiences negative absorption. Last year, the fourth quarter saw negative absorption of 2,458 units. This year’s fourth quarter has a good chance of not following tradition because the single-family market is still bogged down with subprime issues complicated even more by the credit crisis. In addition, Ike-related leasing from displaced homeowners and reconstruction workers should buoy absorption. The favorable conditions of 2008 will continue changing throughout 2009. The homeowners displaced by Ike and the workers rebuiding Ike’s damage will begin to move out of apartments, and job growth will start to lose momentum. The market will need a non-traditional absorption performance to keep occupancy from losing more ground with all the units under construction poised to come into supply during the fourth quarter. Of the approximately 16,000 units under construction, at least 5,000 will be delivered during the fourth quarter. Assuming a flat absorption performance (remember that flat is good during the fourth quarter), the overall occupancy will slide to 86.0 percent by year’s end. However, it is very likely that Ike-related leasing could produce an absorption performance of 2,500 to 3,000 units. With this scenario, occupancy would be around 86.6 percent by the end of the year. If today’s rents take a cue from how rents behaved after Tropical Storm Allison, expect rent levels to increase over the last three months of 2008. The overall average rent level could increase by $10 to $20 per month. If so, Houston’s overall rent growth for 2008 would range somewhere between 6.0 to 7.5 percent. This type of performance is possible, and if achieved, would truly be superlative. OUTLOOK FOR 2009 The favorable conditions of 2008 will continue changing throughout 2009. The homeowners displaced by Ike and the workers rebuilding Ike’s damage will begin to move out of apartments, and job growth will start to lose momentum. Fortunately for our industry, the subprime crisis will still be a factor that favors renting over buying a home. Not so fortunate, in light of the slower economic times, is the number of under-construction units that will be introduced into supply. Look for about 11,000 units to come online in 2009 from the 16,000 units presently under construction. The proposed construction list shows more than 18,000 units, but the credit/banking crisis will severely limit the funds available to finance construction of any of the properties on the proposed list. Even though financing will be tough to get, look for 5,000 to 6,000 units to start construction. Occupancy by the end of 2009 should fall somewhere in the range of 85.0 to 86.0 percent, driven by positive absorption of 5,000 to 6,000 units. Rent growth for 2009 could range anywhere from a negative 1.0 percent to a positive 1.0 percent. If the negative end of this range is realized, the economic conditions of 2009 will be more severe than anticipated. For budgeting purposes, flat rent growth for 2009 should actually be considered a good performance. Holding on to the exceptional rent growth in 2008, especially the growth that occurred late in the year, will be a challenge. Bruce McClenny is president of Apartment Data Services and has been active in the multifamily industry and HAA since 1983. HAA endorses ADS’s Market TRAC and market reports. For more details, call 281-759-2200 or see www.apartmentdata.com. ABODE NOVEMBER 2008 37 Up and Alexan Post Oak Amalfi at Hermann Park Coming Verde Cypress Creek Broadstone Memorial Millennium Greenway ADS’ second semiannual list of the year shows properties under construction, now leasing and proposed. List data provided by APARTMENT DATA SERVICES. Photographs by MARK HIEBERT, Hiebert Photography NOW LEASING as of October 2008 Alexan Westheimer 38 NOVEMBER 2008 ABODE Name City Vistas/Greystar Carrington at Barker Cypress/Davis Villas at Shadow Creek Ranch/Davis Kingwood Senior Village**/Hettig Tiburon/UDR Verde Northpoint/Riverstone Oak Park Trail/Judwin Sawyer Lofts/Martin Fein Alexan Yorktown/Greystar Verde Grand Harbor/Greystar Landmark II/Landmark Broadstone Memorial/Alliance Comm Idlewilde*/HFI Mason Park/Today Realty Advisors Stoneleigh on the Lake/Woodmark Autumn Pines*/SPM Alexan Somerall/Riverstone Alexan Upper Kirby/Greystar Mansions at Turkey Creek*/Alpha Barnes Alexan Post Oak/Greystar Lakes at Cypresswood/Michael Stevens Lancaster*/Orion Plantation Woodlands/Capstone Amalfi at Hermann Park/Archstone The Core/Morgan Group Landmark at Cypress Falls/Landmark Newport on the Lake/Greystar * = Affordable Housing ** = Senior Housing Units 404 330 264 193 320 384 308 326 306 300 120 400 250 312 242 250 368 230 252 394 324 252 312 420 326 212 234 Opened Oct-07 Oct-07 Oct-07 Oct-07 Oct-07 Nov-07 Nov-07 Dec-07 Dec-07 Dec-07 Dec-07 Dec-07 Dec-07 Dec-07 Dec-07 Dec-07 Jan-08 Jan-08 Jan-08 Feb-08 Feb-08 Feb-08 Feb-08 Mar-08 Mar-08 Mar-08 Mar-08 Area Montrose/Museum Bear Creek/Copperfield Hwy 288/South Lake Houston/Kingwood Inwood/Northwest Tomball/Far Northwest Katy/Far West Heights Bear Creek/Copperfield Katy/Far West Woodlands/Far North West Memorial/Briar Fst FM 1960 W/Steeplechase Katy/Far West FM 1960 W/Champions Eastex Frwy/Near NE Bear Creek/Copperfield Inner Loop W/Greenway FM 1960 E/IAH Airport Galleria FM 1960 W/Champions Katy/Far West Woodlands/Far North Med Center/Bellaire Heights Bear Creek/Copperfield Katy/Far West Eclipse NOW LEASING as of October 2008 Name Magnolia Estates*/Hettig Lakeland Estates/Fairfield Haven at South Shore Harbor/Flournoy Ventura Lofts/Southhampton Laurelwoode/UDR Fountains of Conroe/LBK Portico at West Eight/Richfield Verde Woodson Park/Verde Camden Whispering Oak/Camden Tanglewoood at Voss/Greystar Mosaic at Hermann Park Alexan Sterling Ridge/Trammell Crow Retreat at Cinco Ranch/Allied Oak Creek*/Greystone Millennium Greenway/DMC Alexan Westheimer/Trammell Crow Lofts at Briar Forest/Lynd Stoneleigh Cypress Station/Woodmark Falls at Copper Lakes/Southhampton Abbey at Lake Wyndemere/Abbey Res Villas at Kingwood/Davis Gardens Challenger Park/Internacional Greystar Beacon Lake/Greystar Broadstone Walker Commons Villas at Edgewater/Davis 2125 Yale/Allied Metro Mid Town Flats Equinox/Greystar Fairmont at Museum District/Long Reach Fountains at Almeda/Michael Stevens Eclipse/Greystar Verde Cypress Creek/Verde Alta Crossing/Greystar Cobblestone Park II/LBK Landmark at City Park/Landmark Amalfi at Tuscan Lakes/Martin Fein Costa Rialto*/NRP Republic Hollow Tree/Greystar Greystar Cypress Village/Greystar Total (61 properties) * = Affordable Housing ** = Senior Housing Units 130 350 316 265 324 270 230 244 300 376 99 310 268 176 309 244 352 228 374 360 330 354 360 352 414 195 21 304 236 252 330 310 300 270 288 328 252 280 273 Opened Mar-08 Mar-08 Mar-08 Apr-08 Apr-08 Apr-08 Apr-08 Apr-08 Apr-08 May-08 May-08 May-08 May-08 May-08 Jun-08 Jun-08 Jun-08 Jun-08 Jul-08 Jul-08 Jul-08 Jul-08 Jul-08 Jul-08 Jul-08 Aug-08 Aug-08 Aug-08 Sep-08 Sep-08 Sep-08 Sep-08 Sep-08 Sep-08 Sep-08 Sep-08 Sep-08 Sep-08 Sep-08 Area Northshore/Woodforest Fort Bend Clear Lake Wodlake/Westheimer Woodlands/Far North Conroe Westchase Lake Houston/Kingwood Westchase Galleria Med Center/Bellaire Woodlands/Far North Katy/Far West Conroe Inner Loop W/Greenway Montrose/Museum West Memorial/Briar Fst FM 1960 W/Champions Bear Creek/Copperfield Woodlands/Far North Lake Houston/Kingwood Friendswood/Pearland Clear Lake Clear Lake Clear Lake Heights Montrose/Museum Med Center/Bellaire Montrose/Museum Med Center/Bellaire West Memorial/Briar Fst Tomball/Far Northwest Far East Hwy 288/South Hwy 288/South Clear Lake Eastex Frwy/Near NE FM 1960 W/Champions Tomball/Far Northwest Fairmont Museum District Camden Whispering Oaks 17,460 ABODE NOVEMBER 2008 39 Park Tower UNDER CONSTRUCTION as of October 2008 Name Central: Venue at Museum District/Grayco Legacy at Memorial/Legacy The Belle Meade at River Oaks/Grayco Le Maison on Revere/ZOM Gables Post Oak/Gables Gables Memorial Hills/Gables San Felipe Court/Morgan Collection at Greenway/Morgan Gables West Ave/Gables Braeswood Place/Grayco Meritage/Chancellor Domain at Kirby/Simmons Vedder Park Tower/Finger Greystar Cypress Village Venue Museum District Domain at CityCentre Southwest: Fairmont on San Felipe/Long Reach Alexan Silber/Trammell Crow Broadstone Voss/Alliance Comm Domain at CityCentre/Simmons Vedder CityCentre Lofts/Chancellor Wynhaven at Towne West/Trammell Crow Alexan Grand Mission/Westwood Res Hometown on Bellfort**/Integrated Dev Greystar Woodbridge/Greystar Landmark Sugarland II/Landmark * = Affordable Housing ** = Senior Housing Units Map# Area 219 334 119 423 316 308 326 528 390 344 240 293 347 493W 493J 492U 492U 491R 492M 491V 492W 492U 532J 531R 532Q 493Q Montrose/Museum Montrose/Museum Inner Loop W/Greenway Inner Loop W/Greenway Inner Loop W/Greenway Inner Loop W/Greenway Inner Loop W/Greenway Inner Loop W/Greenway Inner Loop W/Greenway Med Center/Bellaire Med Center/Bellaire Med Center/Bellaire Inner Loop East 350 402 300 371 250 396 328 210 312 240 491N 491C 490V 489D 489D 527D 526G 528Y 567D 567S Galleria Galleria Galleria West Memorial/Briar Fst West Memorial/Briar Fst Alief Fort Bend Fort Bend Fort Bend Fort Bend Northwest: Lodge at Spring Shadows II/Metro Natl Parkway Ranch*/Hettig Kensington Club/LBK San Cierra/Sueba Wynhaven at Cypress Station/TCR Carrington at Champion Forest/Davis Greystar Champions/Greystar Costa Ibiza*/NRP Orchard Park at Willowbrook**/ Hettig Costa Vizcaya*/NRP Mansions Hastings Green*/Alpha Barnes Mansions Hastings Green Senior** Carrington Park at Huffmeister/Davis Residences at Cinco Ranch/Claremont Broadstone Cypress/Alliance Comm Boardwalk Town Center II/Greystar Plantation Woodlands II/Capstone Lakes at Westview II/Bailey 216 112 254 362 372 284 312 216 195 252 230 252 232 298 312 105 120 222 450J 411R 410J 329U 332U 370F 331R 332N 369H 370N 369W 369W 367D 526E 366C 251G 251D CONR Spring Branch Inwood/Northwest Inwood/Northwest FM 1960 W/Champions FM 1960 W/Champions FM 1960 W/Champions FM 1960 W/Champions FM 1960 W/Champions FM 1960 W/Steeplechase FM 1960 W/Steeplechase FM 1960 W/Steeplechase FM 1960 W/Steeplechase FM 1960 W/Steeplechase Katy/Far West Tomball/Far Northwest Woodlands/Far North Woodlands/Far North Conroe Northeast: Harbor View/Chancellor Alta Pine Forest/Wood Partners Alexan Eagle Creek/Trammell Crow Valley Ranch/Greystar Commons of Grace*/NRP Sheldon Ranch*/Hettig 240 260 408 306 144 40 337G 376T 376S 296X 455D 498A Lake Houston/Kingwood Lake Houston/Kingwood Lake Houston/Kingwood Lake Houston/Kingwood Far East Far East Southeast: Cypress Creek at Reed Road** Alexan Shadow Creek Ranch/Riverstone Windshire/HFI Villas at Shaver*/Janar Park Avenue at Boulder Creek/LBK Gardens of Friendswood**/Hettig Summerbrooke/Cornerbrook Dev Regency Park*/HFI Wyndham Park*/HFI Costa Verde*/NRP Residences at Lake Jackson/Parkcrest 132 392 250 240 390 114 376 252 250 188 180 612H 576G 576H 615C 656X 620W 577S 501N CLUT LKJK Hwy 288/South Hwy 288/South Pasadena/Deer Park Pasadena/Deer Park Friendswood/Pearland Friendswood/Pearland Clear Lake Clear Lake Baytown Clute Lake Jackson Total (58 properties) 15,854 PROPOSED CONSTRUCTION as of October 2008 Name Central: Mid Town Site I & II/Camden Camden City Centre II/Camden 4310 Dunlavy II/Long Reach City Place/Farb Camden Travis/Camden W Alabama & Almeda/Allied Dev Cambridge Tower/Moody West Dallas & Waugh/Finger Alexan West Dallas/Trammell Crow Gables West Ave II/Gables Gables Upper Kirby II & III/Gables Equinox II/Simmons Vedder Shriners Temple Site/Archstone 1400 Studemont/Verde Units Area 600 263 250 185 253 262 250 445 280 279 147 300 474 420 Montrose/Museum Montrose/Museum Montrose/Museum Montrose/Museum Montrose/Museum Montrose/Museum Montrose/Museum Montrose/Museum Montrose/Museum Inner Loop W/Greenway Inner Loop W/Greenway Med Center/Bellaire Med Center/Bellaire Heights Southwest: Gables on Voss/Gables Sage & Westheimer/Whiteco Place Vendome Redevelopment/JLB Boulevard Place/Hanover Gables San Felipe & Bering/Gables Eclipse II/Simmons Vedder Sunrise at Briar Forest/Sunrise Brazos Ranch II/Judwin 203 550 321 236 275 300 240 361 Galleria Galleria Galleria Galleria Galleria West Memorial/Briar Fst West Memorial/Briar Fst Fort Bend Northwest: Metro Nexus Site/Trammell Crow Pinemont & 290 I & II/Sueba North Post Oak Site/Sueba Vintage Oaks/Sueba Lakes at CypresswoodII/Michael Stevens Stoneleigh at Ella/Woodmark Northchase Village II/Bohannon Greystar Yorktown Crossing/Greystar Legends at Cinco Ranch Kingsland at Barker Cypress/Bohannon La Centerra/Vista Katy Fort Bend Road Site/Beucler Broadstone Grand Pkwy/Alliance Comm Grand Pkwy Site I & II/Sueba Westbrooke/Cornerbrook Dev Grand Pkwy Site/Davis Barker Clodine & I-10/Davis Katy Fort Bend Site/Martin Fein Providence Grand Pkwy** Barker Cypress & 290/Davis Wedgewood Falls I/Allen Acq Wedgewood Falls II & III/Allen Acq Retreat at Country Club/Allied Dev West Fork/Chancellor 320 600 300 350 300 400 176 312 260 600 300 260 342 600 252 350 220 356 250 300 120 480 210 320 Brookhollow Brookhollow Spring Branch FM 1960 W/Champions FM 1960 W/Champions FM 1960 W/Champions FM 1960 W/Champions Bear Creek/Copperfield Katy/Far West Katy/Far West Katy/Far West Katy/Far West Katy/Far West Katy/Far West Katy/Far West Katy/Far West Katy/Far West Katy/Far West Katy/Far West Tomball/Far Northwest Conroe Conroe Conroe Conroe Northeast: Lakes of Tour 18/Creekstone Tour 18 Site/Allied Dev Hwy 59 & Northpark Plaza Dr/Fairfield Verde Woodson Park II/Verde Lenox House/Claremont Wynhaven Sonoma Ranch/Trammell Crow 264 262 349 250 280 276 Lake Houston/Kingwood Lake Houston/Kingwood Lake Houston/Kingwood Lake Houston/Kingwood Far East Far East Southeast: Villas at Shadow Creek Ranch II/Davis Providence Town Square** Residences Pearland Town Center/Sueba Village at Clearpoint Crossing Anders Lane & Hwy 96/Phillips Residences Lake Jackson II/Parkcres 300 250 188 288 390 60 Hwy 288/South Pasadena/Deer Park Friendswood/Pearland Clear Lake Clear Lake Lake Jackson Total (59 properties) Costa Vizcaya Gables West Ave San Cierra Carrington Park at Huffmeister Wynhaven at Towne West 18,029 For more information about the list data, contact Bruce McClenny via e-mail at bruce@apartmentdata.com. 40 NOVEMBER 2008 ABODE ABODE NOVEMBER 2008 41 PHOTO ALBUM Photos from the DEBATE WATCH PARTY ! r i a F Let’s Play Don’t miss the last Fair Housing training session for the year! Fair Housing Seminar BGF supporters braved the rain to watch the debate and raise more than $1,300 for the NAA PAC. Jerry Winograd and Eileen Subinsky talk about their experiences at the national party conventions, which also appeared in the October issue of ABODE. Thursday, November 20 8:30 a.m. – Registration 9 a.m. to noon – Program HAF Dinerstein Reed Prokop Education Center 4810 Westway Park Blvd. $65 if payment is received by November 19; $75 at the door This program fulfills the Fair Housing criteria for NAA designations and equates to 3.0 CECs. Beth Rohani poses with the candidate stand-ins. Barbara Brett remains undecided. John Ridgway shows off a button that reads “Bob Barr for President.” Give yourself a hand at the January Sponsorship Auction ! d i D I , s Ye we some e ve nt ! a is th d re so n o I sp 42 NOVEMBER 2008 ABODE For more information, contact the Education & Meetings Department at 713-595-0314, e-mail educ@haaonline.org or go online to www.haaonline.org. Sponsored by Houston Pest and Golden Greek Carpets The November Fair Housing Seminar is intended to provide an overview of state and federal Fair Housing law, as well as information on complying with specific requirements such as accessibility for disabled residents and familial status protection. Participants will learn using a combination of lecture, class discussion, review of case studies and a quiz to test comprehension of major topics. All attendees will receive a course manual with a copy of the presentation and resource materials, including HUD advertising guidelines, the Keating memo on occupancy standards and the HUD/Department of Justice joint statements on reasonable accommodations and modifications. Featured speaker David Mintz has more than 23 years of governmental and public affairs experience. In 2006, he formed David Mintz Consulting to provide legislative representation and association management services. Prior to opening his consulting firm, Mintz has served as vice president of government affairs for the Texas Apartment Association and continues in that capacity. For the past 16 years, he has led the association’s governmental relations efforts and helped the industry effectively deal with hundreds of diverse governmental and political challenges. Previously, Mintz worked as a staff member in the Texas House and Senate, as well as a number of political campaigns. Mintz has extensive experience in all aspects of the legislative process and has lobbied on a wide variety of topics, including real estate issues, landlord-tenant law and municipal regulation. Throughout his career, he has had a consistently successful track record in passing, amending and defeating legislation, as well as representing interests before various regulatory agencies. Get out in front of the customers you need to reach and shake their hands. HAA and HAF events are available for sponsorship at each of the two yearly auctions, in January and June. You determine the value in an auction format with selected event sponsors determined by drawing. Whether your customers are property supervisors, managers, maintenance technicians or upper-level executives, there’s an HAA/HAF event that targets the people you do business with. During sponsored events, a commercial is read to attendees, and sponsor signs are displayed. All events are promoted with pre-event publicity. For more information, contact Amanda at 713-595-0316 or e-mail asherbondy@haaonline.org. ABODE NOVEMBER 2008 43 LAW, continued from Page 12 he believes that the courts focus solely on that basis is misplaced. He believes that the violent crimes at the mall within two years preceding Luis’ death would make it foreseeable that a robbery and murder could occur. However, focusing solely on foreseeability overlooks other factors the court has held to be pertinent to the existence and scope of an owner’s duty. The court has previously stated that it must also balance risk, likelihood of injury and the consequences of placing the burden on the defendant. While the prior –similar incidents inquiry includes some consideration of risk and likelihood of injury, it does not consider the attendant burdens of requiring owners to prevent all crimes that are similar to prior attacks, nor does it account for crimes that may have been eminently foreseeable despite their never having occurred at a particular place before. Chief Justice Jefferson cited a Massachusetts case which reasoned that the possibility of criminal conduct occurring is present in almost every aspect of daily life and that, in that sense, the possibility of a violent attack is always able to be foreseen. However, the court also recognized that society should not place the burden of all harm caused by random violent criminal conduct on the owner of the place the harmful act occurred without proof that the owner knew or had reason to know of a threat to the safety of persons lawfully on the premises against which the owner could have taken reasonable preventative steps. Chief Justice Jefferson also cited a Texas case where the court reasoned that the balancing test should consider both the economic concerns of businesses and the safety concerns of customers who are harmed due to the negligence of one seeking those businesses. The plaintiff in this case argued that had a conspicuous security officer been posted at the time and place of the attack, the crime might not have taken place. Chief Justice Jefferson stated that given the number of similar crimes, while perhaps sufficient to make the attack foreseeable, would not require in response snipers on the roof or uniformed officers on every corner. The question is the extent to which the court should require owners – even those that have experienced crime in the past – to provide the same level of security that airports enlist to prevent terrorism. Chief Justice Jefferson further stated that life in a free society carries a degree of risk. The risk can be virtually eliminated by a pervasive military presence, but the burden – both in terms of the economic cost to owners and in the oppressive climate a police state spawns – would be prohibitive. The chief justice concluded that because the relatively few incidents of violent crime at the Quarry Market during the two-year period before Luis’ death did not pose an unreasonable risk of harm, and in light of the tremendous burden that would be required to prevent such brazen attacks, he would hold that the manager owed Luis no duty to prevent this crime. If an owner had a duty to protect people on its property from criminal conduct wherever crime might occur, the duty would be universal. This is not the law. HOW DOES THE RULING AFFECT US? It is refreshing to hear the Texas Supreme Court consider not only whether a crime was foreseeable but also the consequences of placing the burden of increased security and liability on the property owner or manager. In other words, even if a crime is foreseeable based upon previous incidents of crime, the owner or manager may not necessarily be responsible for the criminal conduct if the court See MORE LAW, Page 69 44 NOVEMBER 2008 ABODE Due Diligence Doing your homework is an essential component of your management plan. By STEVE STEADELE, author of Multifamily Millionaire g “ et in,” I said to my younger brother Kevin (who was just 5 or 6 years old at the time) after we pulled his red wagon to the top of a long, steep road that ended in front of our house. “Use the handle to steer. Jason and I will push you down the hill until we can’t keep up. Just stay in the middle of the road and don’t hit the sidewalk.” It seemed like a good idea at the time, but I didn’t think about how to stop. I didn’t check the wheels to make sure they were secure. Nobody looked at the handle or the bolts that fastened the axle to the frame. I didn’t think about cars, rocks or the trouble I’d be in after he crashed, either. I didn’t have a plan. Instead, like any other kid, I focused on the initial activity to accomplish our goal: to have fun. Unfortunately, more often than not, this is true for real estate investors as well. Although we may define it differently, our goal is still to “have fun.” We’re all pursuing financial independence, working to acquire greater wealth for ourselves and our families. As investors, the plan is not as simple as checking the handlebar and wheels on a wagon. There are many moving pieces to consider. EFFECTIVE DUE DILIGENCE Jim Rohn said, “We can no more afford to spend major time on minor things than we can to spend minor time on major things.” Many real estate investors enjoy the thrill of hunting down and negotiating their next investment. I’m one of them. At least to me, that’s the most exciting part of investing. Good negotiations require thorough due diligence. Most investors do very little due diligence. Many simply verify the rent roll, do a physical inspection, make a few adjustments to an operating report and call it good. Then they close on the property and wonder why they struggle with it for the first six months. 46 NOVEMBER 2008 ABODE Due diligence is so much more than that. Investors who understand it are the envy of those who don’t. If you do effective due diligence before you buy, you’ll make better investment decisions. Makes sense, right? And, if you do effective due diligence before you sell, you’ll sell at a higher price too. If that’s true, why do so many investors struggle with due diligence today? There are two main reasons. First, nobody showed them what to look for. Nobody gave them a list of questions. Nobody explained why to ask questions. Due diligence is not all that difficult if you have a plan covering “all” aspects of investing. (No single checklist covers everything.) However, due diligence should cover these nine specific categories: 1. Books and records 2. Financials 3. Physical inspection 4. Marketing 5. Management team 6. Operations and system management 7. Competition 8. Residents 9. Legal issues The second reason many investors struggle with due diligence is time. It can be difficult to cover these issues when the seller or the agent pushes you to make a decision in seven to 14 days on smaller properties and 30 days on larger acquisitions. Let’s be honest – that’s not a lot of time. Why do they do that? It’s simple: Time kills transactions. Nobody wants to wait for you to make your decision. That means they’ll press you to make it sooner than you probably should. Sellers and agents know that without a sense of urgency, your depleted desire to own the property will show in the price. They know that our excitement and enthusiasm for an investment is at its highest level early in the game. That emotion can spell disaster for investors, usually to the tune of tens of thousands of dollars or more. Can it be done in seven days? Sometimes, if you have all your ducks in a row and you spend the time necessary to get the answers you need. But more often than not, investors make premature decisions that result in more operational issues than they care to deal with when they finally close and take over the property. Investors who understand due diligence are the envy of those who don’t. If you do effective due diligence before you buy, you’ll make better investment decisions. THE MANAGEMENT PLAN Like a business plan, the management plan is your road map to get you where you want to go. Due diligence is a necessary component of your overall management plan. Remember, you can’t spend minor time on major things. Owning a real estate investment, especially rental property, is no minor thing. Some investors rely on a management company to build and carry out a management plan. They think that’s what they’re paying the management company to do. That’s just not the case. Although most can and will prepare what they believe to be an ideal budget, I haven’t found a management company anywhere in the country that cares as much about a property and its operations as an individual owner. Whether you hire a management company or on-site manager to help you with the day-to-day operations of the investment or you do it yourself, the management ABODE NOVEMBER 2008 47 What’s Your Plan? Due diligence is not all that difficult if you have a plan. Due diligence should cover these nine specific categories: 1. Books and records 2. Financials 3. Physical inspection 4. Marketing 5. Management team 6. Operations and system management 7. Competition 8. Residents 9. Legal issues plan falls squarely on your shoulders. Isn’t that exciting? One more thing for you to do! Owning property is just like any other business. Set expectations and follow up. If you manage the property yourself, you’ll find it much easier to carry out the activities outlined in your plan to help you accomplish your dreams and goals. Here are just a few things to consider: • Role, responsibilities and authority of the management company • Personnel policy and staffing structure • Marketing plans and procedures • Leasing, rent collection and occupancy standards • Lease termination and eviction process • Operating budget and forecast • Income analysis • Physical appearance analysis • Expense analysis • Accounting and reporting procedures/expectations • Management training programs • Management compensation The management plan could encompass much more, depending on how detailed you want to get. But it doesn’t need to be overly difficult; it just needs to clearly define the expectations and activities necessary to get you where you want to go. The nice thing about money is that it’s indifferent. It doesn’t care who holds it. If you’re not where you want to be, if you don’t have what you want or think you need to live the life you want to live at this very moment, I have really good news. You’re not a tree. That means you’re not stuck where you are. That is good news, isn’t it? You really can have it all. There’s nothing magical about investing in real estate. There’s no mysterious, closely held secret that will make you millions more than the investor sitting next to you. Successful investors consistently apply basic real estate fundamentals over and over again. They can all be learned. If you have the desire, commitment and discipline to carry out the techniques investors have used for many years, you’ll accomplish your goals faster than you ever thought possible. That’s what we all want. Anyone can do it, and you can too. Most investors are looking for specific strategies to help them maximize returns, and the good news is that those strategies exist. Taking the time to plan and strategize can save you thousands and make you millions. You don’t want to end up racing down a steep hill in a little red wagon – just ask my little brother. Steve Steadele, author of the book Multifamily Millionaire, is a successful real estate investor, broker and a featured speaker at real estate investment associations across the country. He specializes in the acquisition and disposition of investment real estate throughout the United States. For more information, visit www.MultifamilyMillionaire.com. WHAT’S NEW, continued from Page 18 module at a slight premium. This new curriculum has replaced the need for a second CAMT designation, as it is no longer viewed as a basic or entry-level certification, and the CAMT II program has been dissolved as of the end of this year. EDUCATION GRANTS The Houston Apartment Foundation is committed to adapting and responding to the educational needs of its members. These new programs are but two examples of how we intend to maintain that commitment in 2009. We are also committed to offering these programs at rates that are affordable to everyone, regardless of the size of your training budget. Don’t forget that education grants are also available for all designation programs, including CAPS and CAMT. Grants pay 50 percent of all program fees. Applications are reviewed in early January and are available for download on the education page of the HAA Web site at www.haaonline.org. Be sure to look for your copy of the 2009 HAA Education Catalog in your mailbox and online at www.haaonline.org in January! 48 NOVEMBER 2008 ABODE ABODE NOVEMBER 2008 49 Here we go Again Resident screening and rental housing after Ike will not face the same challenges as the ones posed by Katrina and Rita evacuees. By DEONA JAMES, Resident Data a fter Hurricane Ike ripped through the upper Texas Gulf Coast and left more than 40,000 people homeless or in shelters, housing is a No. 1 priority for the Houston area. The multifamily industry is playing a large role in helping displaced citizens get back on their feet. Having lived through the Hurricane Katrina aftermath, many property owners and managers in Houston are apprehensive about this post-hurricane rental season. However, they have two good reasons to be optimistic: little to no interruption in applicant screening processes and the announcement of a comprehensive rental housing program, Disaster Housing Assistance Program-IKE coordinated by the Federal Emergency Management Agency and the U.S. departments of Agriculture and Housing and Urban Development. BACKGROUND SCREENING PROCESSES VIRTUALLY UNCHANGED After Hurricane Katrina devastated Louisiana in 2005, property owners and managers in the Houston area were faced with the monumental task of screening a wave of new applicants without the ability to perform comprehensive online background screening services that were usually standard operating procedure. Verifying identity, credit quality and criminal records became virtually impossible because many of these new Houston residents lacked proper identification and no record validation could be performed. Most Katrina victims hailed from Louisiana, a state that already had background search challenges with only a few parishes available online. Even before 50 NOVEMBER 2008 ABODE Katrina, Orleans Parish required a manual, street-level courthouse search, and after Katrina, those searches could not be performed because courthouses were closed for weeks and months. As a result of the lack of services, property owners and managers did as much due diligence as possible, but ultimately residents moved in who may have been declined if the proper screening services were available. These “blind” approvals placed property owners and managers and other residents at risk, financially and otherwise. Screening struggles like this should not be seen in Ike’s aftermath because: • Most displaced residents are from the local area, where screening information is readily available online through a number of sources. • Most displaced residents were prepared and took their vital identification papers. Most displaced residents are from the local area, where screening information is readily available online through a number of sources. • Texas is an online search state with all counties required to report criminal data to the Texas Statewide Database (Texas Department of Public Safety). • Any courthouses where street-level searches may be needed are operational and open for business – Galveston County Courthouse offices opened on September 30, and the court docket schedule resumed by mid-October. RENTAL HOUSING PROGRAM ANNOUNCED BY HUD AND FEMA In response to a request from Gov. Rick Perry, HUD and FEMA developed the Disaster Housing Assistance Program-IKE that will provide temporary rental payments and case-management services to help thousands of families displaced by Hurricane Ike. The DHAP-IKE program is designed to encourage families to move from their current shelter-in-place directly to rental units approved through the program. “Texans whose lives have been turned upside down by Hurricane Ike are not alone as they face the task of rebuilding,” said Perry. “I am thankful that our partners at HUD and FEMA have responded quickly and effectively to our request for assistance for Texans in need.” Evacuees who cannot return to their homes or apartments by November 1 and whom FEMA determines eligible will be provided rental assistance. HUD, through its network of public housing agencies, will work with ABODE NOVEMBER 2008 51 families and property owners and managers to ensure that eligible families can find suitable apartments. Initially, HUD will provide full rental assistance to approved families, and beginning May 1, 2009, families will be responsible for paying $50 per month for their housing. The cost for housing will increase by $50 each month until the DHAP-IKE program ends in April 2010. POINTS OF INTEREST ABOUT THE DHAP-IKE PROGRAM • Beginning November 1, 2008, HUD will begin making rental payments to families declared eligible by FEMA who have been placed in rental housing. • Public housing agencies will contact landlords and ensure the necessary documents are in place so that those families will continue to receive uninterrupted assistance payments through DHAP-IKE. • PHAs will work with families and property owners and managers to enter into rental assistance contracts as soon as families are referred by FEMA and begin case management. • DHAP-IKE will pay the higher of the fair market rent rate or the housing agency’s payment standard. • Property owners and managers with available rental properties can call a special hotline to directly provide that information to FEMA. The hotline is 1-866-766-6086. FEMA housing specialists answer the lines daily from 8 a.m. to 6:30 p.m. • Texans seeking rental housing can search more than 11,750 Texas rental properties in FEMA’s Housing Portal, which is available online at https://asd.fema.gov/inter/ hportal/home.htm. It also contains information provided by the U.S. Department of Agriculture and HUD. With the implementation of the rental assistance program and virtually no interruptions in background screening services, property owners and managers can expect to see some positive improvements in this post-hurricane rental season. Deona James is the national sales manager for Resident Data, a LexisNexis Service. She is based in Houston and serves as a Product Service Council member for the Houston Apartment Association and first vice-chair for the Texas Apartment Association Product Service Council. Sources: www.hud.gov, www.fema.gov, www.npr.org. 52 NOVEMBER 2008 ABODE Measure Satisfact ion Ask your residents early and often what they like and don’t and how you can improve. By JOSEPH BATDORF, J Turner Research w hen is the optimal time to survey your residents about their satisfaction with your staff and your property? Is it when they are up for renewal, or maybe soon after they move in? The truth is, managers and owners should be taking residents’ temperature on a regular and frequent basis. Understanding the factors that directly relate to long-term profitability, including a resident’s length of stay, resident referrals and brand loyalty, can help address property problems that affect overall customer satisfaction. EVENT SURVEYS CAN TARNISH DATA Resident surveys built around a single event, such as a new lease or move-out, only provide insights during a limited span of time. The information you gather does not provide a comprehensive look at the overall satisfaction of residents. This is the most common approach to measuring customer service and can be something the staff anticipates, thereby affecting results. When surveys are conducted at renewal, managers and owners have missed the opportunity to remedy any potential issues causing a resident to want to move out. A further complication with a survey conducted around a renewal is that residents are less likely to respond if they’ve already decided to not renew their lease. In that case you’ve not only missed the chance to extend that resident’s stay, you’ve also lost the opportunity to understand the problem. A leading research firm specializing in the multifamily industry has found that residents moving in at lease-up report that they are considerably more satisfied with their apartments than residents at more established properties do. That makes sense, because residents are generally happiest closest to move-in – and particularly with a brand-new property vs. an aging community – with few maintenance requests and the smell of fresh paint still on the walls. 54 NOVEMBER 2008 ABODE KNOW YOUR OBJECTIVE The best time to survey residents depends on your objective. There are those who want to identify the problems early so that they can identify areas of improvement. Through surveys, those managers and owners can better understand the reasons for the resident’s dissatisfaction. It’s almost like having another supervisor on site. Other managers would like to get the brighter picture for marketing purposes and to prove to the owner or The most correct answer to the question of when to survey is when you want to shine in customer service, and that is constantly and continually. If done correctly, you can avoid burnout and get monthly, actionable feedback. investors that their management is satisfying the residents. When these survey results are leveraged properly, problems can be identified and resolved and marketing tactics can be adjusted to boost occupancy. Positive data can also be used to demonstrate success in the marketplace and reaffirm that the right management team is in place to owners or investors. The most correct answer to the question of when to survey is when you want to shine in customer service, and that is constantly and continually. If done correctly, you ABODE NOVEMBER 2008 55 can avoid burnout and get monthly, actionable feedback. Monthly surveys are recommended to get the entire picture – the good and the bad – so that you can use the feedback and make adjustments to the operation of the property as an ongoing and essential function of business. The more accurate and timely the picture of your residents’ satisfaction levels, the more effective your response will be. It’s common sense that happy residents can only improve your bottom line, and it’s better to know now that you might have challenges. TOO MUCH OF A GOOD THING? Many owners believe that asking residents too often about how they feel about the job they’re doing can be wearing and will reduce a satisfactory response rate. So how do you get constant feedback and not burn out your residents? Consider a system that gathers responses from only a statistical portion of a community’s residents and uses rolling averages to provide feedback to drive performance. Using a very short survey format, residents are hit with online surveys only twice a year. The responses are scored and an index is provided that benchmarks the resident satisfaction of the property. Monthly surveys are published and indexes provided so that a manager can keep a finger on the pulse of the community’s perceptions of value, customer service and referral probability, as well as any custom topics management may want to measure. The survey can be benchmarked and compared to the market as well as other regions and states. RESULTS GO BEYOND CUSTOMER SERVICE Certain measurements of customer service directly correlate to important factors – length of stay, referrals and brand loyalty – in long-term profitability. “With this system in place, managers can very easily understand that resident satisfaction drives our financials,” said Steve Eddington, senior vice president of operations with Camden. “Our company uses this index nationally as a key business indicator and views the results on our dashboard.” Gathering feedback monthly from residents helps the on-site staff focus on the key component: customer service. It’s common sense that happy residents can only improve your bottom line, and it’s better to know now that you might have challenges than to wait until a problem or an event to ask residents what’s on their minds. Make resident satisfaction an ingrained, ongoing operational process rather than an event-driven curiosity. Your property will benefit. Joseph Batdorf is president of J Turner Research, an independent research firm providing business metrics that enable owners and managers to measure and improve customer service and operational efficiencies. For more information, visit www.jturnerresearch.net/site/index.htm. EMPLOYERS POST JOB OPENINGS SEARCH RESUMES EMPLOYEES FIND YOUR CAREER POST YOUR RESUME Visit www.haaonline.org and click on the Jobline link, e-mail jobline@haaonline.org or call 713-595-0300 to learn more. JOBLINE 56 NOVEMBER 2008 ABODE DESIGNATE OF THE MONTH By RACHEL ZOCH, HAA STAFF A Passion for People Greystar’s Kathy Moriarity puts her knowledge of psychology and sociology to good use in the apartment business. You’re only as strong as the people that surround you. The people that I work with every day – that keeps me going. K athy Moriarity was finishing college and considering graduate studies in social work when a friend suggested she give leasing apartments a try. She’s been in the industry ever since. “I graduated in ’90 and thought about getting my master’s in social work and was just working away as I was trying to decide what I wanted to do,” she said, “and of course, ended up deciding to work for a while before I went on for my master’s. And then I never went back.” Moriarity began her multifamily career as a leasing consultant for River Oaks Management in 1989. She quickly discovered that she loved the daily interaction with a variety of people and has worked her way up the ranks from leasing to assistant manager, then on to manager and property supervisor. She has worked with just a handful of companies during nearly two decades in the industry, including a 12-year stint with The Finger Companies before landing in her current position with Greystar five years ago. CONSTANTLY LEARNING But the degree was only the beginning of her professional education. Now that she has earned her Certified Apartment Property Supervisor certificate, Moriarity is eager to begin the Certified Property THE PEOPLE PRINCIPLE Moriarity says that interacting with residents and coworkers energizes her and keeps her enthusiastic about her work. “You’re only as strong as the people that surround you,” she said. “The people that I work with every day – that keeps me going.” She also says that the degree she earned in psychology and sociology gives her an edge when it comes to interacting with residents. “I feel like I use my knowledge from my degree daily, every day. It’s definitely been put to good use,” she said, laughing. Lease Contracts, Forms & Books Available From HAA Form Sales HAA members can purchase the most comprehensive lease available in the industry, along with more than 30 different forms. Also available to members is the TAA Redbook containing state and federal statutes and governmental rules that affect all rental housing in Texas. For more information, contact Form Sales at 713-595-0317, e-mail forms@haaonline.org or order online at www.haaonline.org. 58 NOVEMBER 2008 ABODE Manager courses with the Institute of Real Estate Management. “I’m always striving to learn and better myself,” she said, “and that was the next step, to get my CAPS. … I think that all the material in the eight modules of the CAPS just helps me to be a better, well-rounded property supervisor and helps me to better support the people that work with me in the portfolio.” LEARNING TOGETHER Moriarity says she enjoyed swapping stories with her peers from other companies and gaining a broader perspective on operations across the industry. The material in the eight modules of the CAPS just helps me to be a better, well-rounded property supervisor and helps me to better support the people that work with me in the portfolio. “I really enjoyed meeting all the different people that taught from various management companies. That was exciting to get their take on our industry,” she said. “But I did enjoy the camaraderie and talking with all the other managers and supervisors that were wanting to do the same thing that I was.” She also says the courses helped her build on the things she’s learned through experience over the years. “It’s all information that we know, we’ve learned along the way,” she said, “but it’s a wonderful refresher to go through it all.” Join us in congratulating our new designates at the Annual Business Meeting on Thursday, November 20. See Page 6 for details, or visit www.haaonline.org to register. HAA Members: Do you need the HAA logo for your promotional materials? Three versions are available and can be provided in any format you need. For your copy, call Deborah Nix at 713-595-0333 or send an e-mail to dnix@haaonline.org. ABODE NOVEMBER 2008 59 WELCOME MAT Introducing OWNER MEMBERS SUPPLIER MEMBERS 5050 Northwood Villas Ltd. 6776 Southwest Fwy. #587 Houston, TX 77074-2109 713-783-8780 Northwood Villas Apartments Phil Munford 19810 Sunbridge Lane Houston, TX 77094 281-704-2152 Referred by Kelli Guyton Bayshore Properties P.O. Box 10010 Merrillville, IN 46411-0010 219-942-2795 Trails of Ashford Apartments Mario Ortiz 3109 Autumn Harvest Friendswood, TX 77546-5289 832-385-1256 Referred by Del Walmsley Candido & Blanca Bran c/o Woodrow Apartments 16415 Woodrow Channelview, TX 77530 516-852-4320 Woodrow Apartments Nancy Fajardo 6714 Hendon Houston, TX 77074-6102 713-777-6335 Colquitt Apartments Nancy Fajardo Property Guahan Development Group LLC Catherine Cochran 702 Malone Houston, TX 77007 713-875-9286 331 West 17th Street Property GUW Management Li Guo 6719 Charlton St. Sugar Land, TX 77479-5771 281-450-3433 Referred by Del Walmsley Investors Freedom Property Management Services Sheri Burton P.O. Box 408 La Porte, TX 77572 281-476-9846 JPMI Team Realty Jerry Johnson 19502 Providence Shore Cypress, TX 77433-3324 713-931-4713 Residence Property Company Jay Stewart 5851 San Felipe #220 Houston, TX 77057-8018 713-266-0414 Residence at Lake Jackson Apts. SARK Investments Inc. Steve Reeves 1104 Middlecreek St. Friendswood, TX 77546-5446 832-582-9300 Referred by Del Walmsley John F. Schubert 318 Somerville Way Vacaville, CA 95687-6808 510-507-2840 John F. Schubert Property Roberto A. Trevino 4105 Garrott #18 Houston, Texas 77006-5629 832-875-9266 Referred by Kelli Guyton Twelve Canfield Place LLC Angela Wiley P.O. Box 301055 Houston, TX 77230-1055 713-748-0695 Twelve Canfield Place Apartments Cornerstone Apartments Taupa Apartments Welcome to HAA! See Pages 20 and 21 and www.haaonline.org for a calendar of our upcoming events. All About Food Jacque Dupree 12424 Rebel Road Cleveland, TX 77327-7262 281-546-5489 Caterers Party Planning Service Referred by Peggy Charles All Stages Plumbing of Texas LLC Chris Marullo 3830 West Main St. League City, TX 77573-1735 281-316-1641 Plumbing Contractors Plumbing Drain/Sewer Cleaning Referred by Robert Winograd AMS Restoration Services Inc. Aubrey Vaughan P.O. Box 1735 Cleveland, TX 77328-1735 281-592-1300 Balcony Repair Carpenters Concrete Repair Drywall Contractors Exterior Surface Protectant Masonry Contractor Painting Contractors Stucco & Exterior Coating Contractors An Apple a Day Melissa Ramon 4809 Bellview Bellaire, TX 77401-5305 866-410-9874 Marketing Consultants & Svc. Welcome Baskets Harco Insurance Services John Hill 10777 Northwest Fwy. #800 Houston, TX 77092 713-681-2500 Insurance Financial Services Referred by John Hill Did you know that when you join the Houston Apartment Association, you are also a member of the Texas and National Apartment Associations? As a member of the HAA, your membership works for our industry at a local, state and national level. Get involved, support your industry and make your membership work for you. Call HAA at 713-595-0300 for more information. 60 NOVEMBER 2008 ABODE IESI Solid Waste Services Chad Theriot 827 W. Hwy. 6 Alvin, TX 77511 281-331-0810 Trash Hauling Trash Containers Garbage Collection Waste Reduction/Disposal/ Recycling JRC Construction Joel Coughran 32410 Watersmeet St. Fulshear, TX 77441-4145 832-451-7927 Remodeling & RepairBuilding Contractors General Contractors Liberty Screening Services Natalie Taylor 2180 North Loop West #350 Houston, TX 77018-8020 713-980-1751 Employee Screening Referred by Theresa Lamar Pro Turf Landscaping Maggie Vega P.O. Box 681336 Houston, TX 77268-1336 832-330-1829 Landscape Contractors Lawn Maintenance Referred by Diane Gilbert Semper Fi Electrical & Data Service Michael Flores 23746 Desert Gold Drive Katy, TX 77494-0114 281-657-5281 Lighting Consultants Electric Contractors STAR Plumbing Heating & Cooling Brent Garrett 10963 Cutten Road #108A Houston, TX 77066-5021 281-461-7827 A/C Contractors Plumbing Contractors Referred by Ed Fowler SEPTEMBER new members StubDog Inc. Sam Levassar 3729 Seneca Ave. Los Angeles, CA 90039-1822 281-857-6521 Concierge Services Entertainment-Event Ticket Sales Referred by Billy Griffin TDG General Contractors Inc. Darren Kitchen P.O. Box 675 Splendora, TX 77372-0675 281-399-0911 Fire/Water Damage Restoration General Contractors Put your prospects under a microscope. Make sure you lease to the best residents with RCR. The Bug Reaper Anthony Esposito 2102 Berkshire Elm St. Katy, TX 77493-3512 281-705-1893 Pest Control Services Termite Treatment Referred by Peggy Charles Problem: You can’t tell from a prospective resident’s face whether he or she will skip out on your lease. Txtapt Daniel Ellis 2900 S. Gessner Road #1803 Houston, TX 77063-3748 281-804-7191 Advertising-Internet Marketing Consultants & Svc. Referred by Sonny Unverzagt Resident Credit Reporting data can nip your problem in the bud by alerting you if a prospect has an unfavorable history. We offer 24/7 Web access, responsive customer service and a uniquely thorough local database with access to national information. WCA Waste Corporation Erin Nicholas 6632 John Ralston Road Houston, TX 77049-3306 713-670-9199 Garbage Collection Trash Hauling Referred by Michael Flores Solution: Knowing your prospects’ rental histories is the key to minimizing the risk of future default. In Houston’s fiercely competitive market, what better way to evaluate a prospective resident than through his or her rental and eviction history? Together with national partner First Advantage SafeRent, RCR provides its services starting at 30 cents per unit, per month for unlimited usage, not a per-inquiry fee like other screening services. That price includes access to applicants’ rental histories, criminal histories, inquiry histories so you know who else has been asking and more – and it’s all available 24/7 with immediate, online access (surcharges apply for phone access during regular business hours). Our clients tell us RCR is the best source of bad debt collection available. Help us help you by reporting your move-ins, move-outs and evictions for FREE. The cost to report is nothing, but the returns are substantial. The more data you enter, the more skippers we can catch – and that’s good for everyone in the business. RCR is just one more benefit made available to you by membership in the Houston Apartment Association. Our rental history and eviction information will give you the upper hand. Become a subscriber today to boost your bottom line and greatly increase your collection of bad debt. For more information, contact the RCR department at 713-595-0345 or rcr@haaonline.org. ABODE NOVEMBER 2008 61 AMBASSADORS What’s Up? Tell the Ambassadors how membership in HAA affects your business. New Ambassadors at the September meeting. Standing are Patrick Sheahan, Sherwin Williams Co.; Jacob Kunath, Century A/C; Eli Attal, TXU Energy; Daniel Ellis, Txtapt; Elisa Rueda and Jeff Duerstock, TXU Energy; and Israel Garza, ICI Paints. Seated are Barbara Brett, McBride Electric; Co-chair Michelle Pahl, Century A/C; and Andrea Winans, Bishop’s Office Needs. AMBASSADOR VIPs This list reflects the number of questionnaires completed by each Ambassador. Ambassadors listed in bold reached new achievement levels at press time. HALL OF FAME 700 Patrick Sheahan 500 Julio Garcia Top producers at the September meeting: Barbara Brett, McBride Electric; Co-captain Mary Estrada, Certified Recovery/Verification Plus; Co-Captain Lisa Grimes, D&C Contracting; and Co-chair Michelle Pahl, Century Air Conditioning. AMBASSADORS OF THE MONTH 400 Rashann Fontenot 300 Barbara Brett Patrick Brothers Peggy Charles David Hardwick Jimmie Hotz Alan Jones Nancé Wells 250 Michael Flores Billy Griffin Michelle Pahl Laura Collins Classic Touch Painting 217 Questionnaires M.J. Featherston Access Electric 141 Questionnaires The Ambassadors are the eyes and ears of HAA, surveying members on their wants and needs. If you would like to be a part of the Ambassador Club, contact Lisa Butler at 713-595-0322 or lbutler@haaonline.org. 62 NOVEMBER 2008 ABODE 150 Mary Estrada Kevin Fenn Amy Mauer Tony Montemarano Jimmy Renteria Randy Rowles 200 NORA KRAKOWER LIFETIME AWARD Laura Collins Lisa Grimes Kathy Smith Donald Sweitzer Andrea Winans 100 CHRISTINE MOHEB MEMORIAL AWARD Debbie Andreozzi M.J. Featherston Fernando Gomez Billie Johnson Nora Krakower Brenda Nite Sandra Parker Pablo Paz Karin ChurchfieldTyson James Wagner 75 Karl Heinrich John Hill Norma Ledbetter Joe Slaughter Roland Silas Todd Smith 25 Stephen Abila Jessica Baker Jeff Blevins Janet Dorsett Darlene Dow Andrea Dunlop Kimberly Flores Israel Garza James Gregory Erica Hallmark Dallas Hardwick Trisha Hunter Dan James Glenda Jeffcoat Dean O’Kelley Chuck Littlepage Mark Park Beth Rohani Mike Romano Shawn Royer Preston Sams Carlos Sanchez Glenda Vargas 10 Greg Baughman Ronnie Beavers Josh Carter Grant Crowell Aimee Ferrini Travis Fowler Lisa Godwin Laura Hancock Jason Henley Philip Jones Jacob Kunath Laura Lestus Chuck Littlepage Erin McCary Deana Miller Krista Oliver Michelle Opalewski Wendy Pearson Robert Pfunder Mindy Price Carlos Sanchez Crystal Sepulveda Jodi Southwick Wayne Trusty Beth Varney Marivel Villanueva Kevin Wendt Heather Wiesner Angie Wilganowski Brandy Williams Ron Winans Producers from the Charles, Collins and Estrada Team, The Legends. In back are Scott Walker, Sign*A*Rama of NW Houston; Mike Reiland, Integrity Images; Anthony Esposito, The Bug Reaper; Co-captain Mary Estrada, Certified Recovery/Verification Plus; Patrick Sheahan, Sherwin Williams Co.; Josh Carter, Kwal Paint; Co-captain Laura Collins, Classic Touch Painting; John Hill, Harco Insurance Services; and Jimmie Hotz, HD Supply. In front are Co-chair Michelle Pahl, Century Air Conditioning; Rita Young, Lone Star Living; Alan Jones, ICI Paints; CoCaptain Peggy Charles, Brandt Electrical Services; Barbara Brett, McBride Electric; and Andrea Winans, Bishop’s Office Needs. Producers from the Grimes, Featherston and Gomez Team, The HAA Idols. IBack row: Jason Lavrack, Maintenance Supply Headquarters; Elisa Rueda, TXU Energy; Chris Espinoza, Ygnition Networks; Co-captain Fernando Gomez, Century A/C; and Kim Frangullie, Apartment Guide. Middle row: Kenyon Carroll, Maintenance Supply Headquarters; Israel Garza, ICI Paints; Fanny Garcia; Trisha Hunter, Access Electric; Co-Captain Lisa Grimes, D&C Contracting; Debra Knight, Liberty Personnel/Executive Search; Jessica Tollett, Jacob Kunath, Patrick Brothers and André Gonzalez, Century A/C. Front row: Co-captain MJ Featherston, Access Electric; Co-chair Michelle Pahl, Century A/C; Nancy Romano, Bankers Life and Casualty Company; Barbara Brett, McBride Electric; Aimee Ferrini, Scott Equipment; and Laura Lestus, Liberty Personnel/Executive Search. ABODE NOVEMBER 2008 63 GO-GETTERS PRESIDENT, continued from Page 7 Thanks to You! HAA is grateful to all our recruiters for helping us meet our goal. M any thanks go to our top recruiters for the 2008 Membership Campaign. They, along with our other qualifying Go-Getters, are invited to Join us for a luncheon celebrating our success on Monday, November 10 at 11:30 a.m. at Maggiano’s, 2019 Post Oak Blvd. Congratulations to our Top Recruiters ANNUAL BUSINESS MEETING We will have cash incentives for recruiters who qualify. You must be present to win. To register for the luncheon, contact Lisa Butler at lbutler@haaonline.org or 713-595-0322. Thank you also to our generous sponsors for supporting our membership recruitment meetings: AAA Plumbers FSI Construction Absolute Turn-Key For Rent Media Solutions American Arches Hiebert Photography Apartments.com ICI Paints Builders Granite & Tile Inc. MAB Flooring Inc. Century Air Conditioning Resident Data RPM Daily Services Certified Recovery Systems Utility Advantage of Texas Classic Touch Painting Valet Waste CORT Furniture Rental donation to the American Cancer Society, raising our total donation over seven years to more than $200,000. Thanks are also due to the many bidders and winners who made our silent auction at the chlli cook-off another successful effort to support the local chapter of the Red Cross. Closer to home, thanks to the folks who braved the rain to attend October’s debate watch party, where we raised more than $1,300 for the NAA PAC. See Page 42 for photos from the party. Earon Hunt, Greystar 12 new members 13 renewals Suan Tinsley, GFI Management 11 new members Anita Harrison, Greystar 6 new members 15 renewals The Go-Getters are the backbone of the Houston Apartment Association. By recruiting new members, the Go-Getter Club helps both new management and supplier companies and the association grow for the future. For more information on the club, contact Lisa Butler at 713-595-0322 or e-mail lbutler@haaonline.org. Be a Go-Getter and recruit for HAA. It’s easy and it’s fun! Need a way to say thanks to the people who make your job easier? The Annual Business Meeting on Thursday, November 20 is a great way to show appreciation for your employees and to congratulate those who have earned NAA designations. Channel 13’s Debra Duncan will deliver the keynote address, and we will elect our HAA officers for the coming year. See Page 6 for details and make plans to attend HAA’s last big event of the year. Don’t forget about the Fair Housing seminar that morning – you can never know too much about this law that affects every aspect of our business. SUPPORT THE BGF The big election may have passed, but it’s always a good time to support the Better Government Fund to advocate for our industry. Due to Ike-related delays, our annual fall golf tournament has become a winter golf tournament. You still time to sign up for this important BGF fundraiser, now set for Monday, December 8. Contact Aimee for details at aarrington@haaonline.org. Contact Lisa for more information at lbutler@haaonline.org. Keep the Houston Apartment Foundation Dinerstein Reed Prokop Education Center in mind when your company is in need of a facility for your next meeting or employee training. For more information, contact Lana Shiller at 713-595-0306, e-mail lshiller@haaonline.org or visit us online at www.haaonline.org. 64 NOVEMBER 2008 ABODE This screen shot shows the news video featuring David Jones talking with ABC-13 reporter Jeff Ehling about a fraudulent apartment ad on Craigslist. ABODE NOVEMBER 2008 65 PROPERTY UPDATE NEW CONSTRUCTION United Apartment Group opened Mariposa at Reed Road, 180 units at 2889 Reed Road, in September. Landmark Management celebrated the opening of Landmark at City Park, 288 units at 2201 West Orem, in October. Westwood Residential opened the Alexan at Grand Mission, 300 units at 19002 Mission Park Drive in Richmond, in late October. PROPERTY CHANGES Oak Leaf Management now operates Whispering Oaks, 140 units at 1200 N. Loop 336 in Conroe, and The Park at Deerbrook, 100 units at 19700 Whitaker in Humble. HM Equity has assumed management of the Northpoint Apartments, 103 units at 74 Lyerly, and has renamed the property Casa Adobe. Myan Management Group now operates the Chesterfield Apartments, 254 units at 11735 S. Glen Drive. Alpha-Barnes Real Estate has assumed management of the Kensington Place Apartments, 216 units at 711 FM 1959. The Self Law Firm now operates the Rollingwood Apartments, 211 units at 670 Maxey. PMR Companies has assumed management of Sherwood Glen Apartments, 56 units at 3805 Sherwood Lane. Chancellor Property Management now operates the Silverbrooke Apartments, 312 units at 1020 Brand in Stafford, and the Shadowbrooke Apartments, 240 units at 1025 Dulles in Stafford. Holistic Equity Management now manages the Sebring Apartments, 204 units at 9501 Beechnut. Changes for Properties and People Centaurus Management now operates the Trails at Dominion Park, 336 units at 200 Dominion Park and 224 units at 150 Dominion Park, and the Trails at Dominion Grove, 283 units at 211 Dominion Park. Greystar has assumed management of the following properties: Brickhaven Apartments, 780 units at 8900 Fondren Alta Pine Forest, 258 units at 10373 N. Sam Houston Pkwy. Cypress Village, 273 units at 25222 Northwest Fwy. in Cypress Kirby Place, 362 units at 7500 Kirby. Concierge Asset Management now operates El Dorado Ranch, 324 units at 265 El Dorado Blvd. in Webster. Orion Real Estate Service has assumed management of these properties: The Park at Humble, 216 units at 9390 FM 1960 West The Park at Woodland Springs, 250 units at 24011 Richards in Spring The Park at Woodwind Lakes, 144 units at 14333 Philippine Highland Meadow Village, 250 units at 10990 Highland Meadow. Creative Property Management now operates the Red Pines Apartments, 244 units at 3823 Red Bluff Road in Pasadena formerly known as The Palms. Nova Property Management has assumed management of the Bellfort Villa Apartments and changed the property’s name to San Marcus Apartments. The 380-unit property is located at 6301 W. Bellfort. Haole Management has acquired Miracle Pointe, 144 units at 8600 Sterlingshire. Riverstone Residential will manage the property, now known as Angel Ridge. Westwood Residential has consolidated The Oaks of Beverly Hills and the Beverly Hills Condos into a single property called Chateaux Dijon. The 353-unit property is located at 5331 Beverly Hill St. #22a. IN THE NEWS NAME CHANGES The 324-unit property at 10070 Westpark formerly known as Berkshire at Westchase is now called Legacy at Westchase. CNC Investments has changed the name of the 240-unit property at 13502 Northborough from Northborough Woods to Sago Palms. Titan Management has moved its offices to 3777 S. Gessner. The company’s new phone number is 713-782-4996. 7777 Blankenship Drive • Houston, Texas • 77055 PEOPLE ON THE MOVE Carol Dougherty has joined the Walden Affordable Group team. NEW ARRIVALS Gary Kiker, Dixie Carpet, and his wife and daughters welcomed Lillianne Claire Kiker to the family on September 26. The Kiker sisters SPECIAL THANKS The Houston Apartment Foundation thanks Francis Property Management for its generous donation of a printer and printer stand for the computer lab. Pictured are Debbie Sulzer and Michelle Woodard. 66 NOVEMBER 2008 ABODE ABODE NOVEMBER 2008 67 e n i l n o E D O Get your AB Log on now at www.haaonline.org Go to the “ABODE Archives” Click on “ABODE Magazine” MORE LAW, continued from Page 44 determines that, in the balance of interests, the burden of placing this responsibility on the owner would not be feasible or desirable. This decision also illustrates that an owner does not necessarily have to break the bank in order to secure residents from the criminal acts of others. However, owners should be prepared to defend themselves against a claim that the owner has not done enough. The measures that an owner takes that could possibly be related to security issues should be acknowledged and the appropriate representation should be made to residents with respect to each measure. If you have off-duty police officers, access gates, alarm systems or the like, it would be beneficial to describe these to residents, advise residents what these measures are not intended to do (i.e. provide personal policetype protection to residents) and tell residents what they should do to take precautions to protect themselves. If a crime does occur on your property and a claim is made, you will then be in a better position to explain to a judge and jury that, notwithstanding the potential foreseeability of crime, providing the protection demanded by the plaintiff would not be reasonable or feasible. CONCLUSION With each new decision, we learn more about what the court is thinking with respect to holding an owner or manager liable for how to protect ourselves from criminal activity. Take this opportunity to recheck your policies and procedures to be sure that you will be in the best position possible to defend against a claim that you did not provide adequate security. 8 OCTOBER 200 n Magazine rtment Associatio The Houston Apa 2008 Log In ✯ ✯ Earn your Blue Star! Register for our next seminar to get started. See Page 25 for details. Thursday, November 6 7:30 a.m. to 4 p.m. $35 if paid by November 5; $45 at the door Sponsored by Gexa Energy n o i t c Ele The Blue Star Certification Program is a joint effort by the Houston Police Department and HAA to help law enforcement officials and the apartment industry work together to effectively reduce criminal activity in rental properties. The E Download ABODE NOVEMBER 2008 69 PHOTO ALBUM Photos fromthe POST-IKE MEETINGS Apartment managers filled the HAF Dinerstein Reed Prokop Education Center on September 26 to learn more about housing needs after Hurricane Ike. and the ACT SAFE SELF-DEFENSE SEMINAR Dick LaMarche, Andrew Zel and David Kapiloff Iris Chavez, LBK Management Services, helps ACT Safe instructor Mark Cukro demonstrate a self-defense technique during the seminar on October 8. Rose Garza and Fred Bhandara Howard Bookstaff Bob Pizzaturo A Riverstone manager asks a question. ACT Safe instructor Rebecca Rosario tells attendees about personal safety. Many members, including Veronica Chavez and Emery Jakab, center, attended the DHAP-IKE meeting to hear HUD officials explain the program on October 3. HUD’s David Vargas explains details of the DHAP-Ike program. Hit the greens while raising green for political action Beth Van Winkle and John Ridgway Rebecca Rosario helps Betty Mireles and James Marquez, Michael Stevens Interests, practice how to break an attacker’s grip. Rescheduled for Monday, December 8 BraeBurn Country Club For more information, contact Aimee Arrington at 713-595-0302 or e-mail aarrington@haaonline.org. for the HAABGF 2008 Fall Golf Tournament 70 NOVEMBER 2008 ABODE Mark Cukro explains the importance of keeping a safe distance. Rebecca Rosario shows three attendees from Tarantino how to break an attacker’s grip. Thanks to event sponsor Best Plumbing. ABODE NOVEMBER 2008 71 LEGISLATIVE, continued from Page 9 MIGURA INSURANCE AGENCY For All Your Apartment Insurance Needs Since 1969 (281) 499-7676 Office (281) 499-5952 Fax 1-800-259-7676 STAN W. MIGURA, CIC 920 C. FM 1092 • P.O. Box 844 Stafford, Texas 77497 payments in the Katrina program and received rave reviews from owners for timely payments. At press time, details were still being worked out, but the Department of Housing and Urban Development’s initial draft of rules for the Disaster Housing Assistance Program (DHAP – Ike) include everything HAA members had suggested. The program was scheduled to begin on November 1, providing up to HUD fair market rent for the rental of units by Ike evacuees for six months. Beginning the seventh month, evacuees will pay $50 of their rent with the amount increasing $50 each month until the evacuee is paying the entire amount. Security deposits will be funded. Background checks will be allowed. Payment will be coordinated by local public housing authorities. Finer details of the program were still being worked out at press time, so keep an eye on www.haaonline.org for more information. may 20, 2009 reliant center ROOFER REGISTRATION An influx of fly-by-night roof repair operations from out of town following Hurricane Ike led the City of Houston to quickly create a registration program for roofing contractors. Still pending before City Council at press time, the ordinance would require a roofing contractor to register with the city, pay a $75 fee, provide contact information with a physical address and provide proof of liability insurance with minimum limits of $1 million for death or injury and at least $1 million for property damage, per occurrence. Apartment properties generally require at least that much insurance, and often more, from their roofing contractors, so the new law – if passed – is unlikely to have much of an impact on HAA-member roofing companies. Still, we’ll be monitoring the progress of the ordinance closely for unexpected twists and turns. POOL INSPECTIONS Following a major storm, city pool inspectors want to stress the importance of getting swimming pool water back in crystal-clear shape, even if residents aren’t doing any swimming. Clarity of the pool water is a key requirement of all pool ordinances, and a clear view of the main drain at the deepest part of the pool is the best quick test. Have your maintenance staff or pool professional keep an eye on water quality after any major rain event, especially where wind made debris an additional issue. 72 mark your calendars as the houston apartment association goes green for more information, contact amanda sherbondy at 713-595-0316 or e-mail asherbondy@haaonline.org NOVEMBER 2008 ABODE Video Rental Services . . . . . . . . . . . . . . . . . . . . .69 800-475-5184 . . . . . . . .www.videorentalservices.com Apartment Finder . . . . . . . . . . . . . . . . . . . . . . . .65 800-422-8300 . . . . . . . . . . . . .www.apartmentfinder.com Maintenance Supply Headquarters . . . . . . . . . .32 281-530-6300 . . . . . . . . . . . . . . .www.supplyhq.com Waste Management . . . . . . . . . . . . . . . . . . . . . .65 713-354-5230 . . . . . . . . . . . . . .www.thinkgreen.com Apartment Guide . . . . . . . . . .Inside Front Cover, 14 713-960-8292 . . . . . . . . . .www.apartmentguide.com Meyer Smith Inc. (Houston Gate) . . . . . . . . . . .44 713-862-7339 . . . . . . . . . . .www.meyersmithinc.com Webb Pest Control . . . . . . . . . . . . . . . . . . . . . . .72 800-243-6303 Apartment Video Club . . . . . . . . . . . . . . . . . . . .74 281-480-0742 Migura Insurance Agency . . . . . . . . . . . . . . . . . .72 281-499-7676 Zinsser . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 888-855-1774 . . . . . . . . . . . . . . . . .www.zinsser.com Appliance Warehouse . . . . . . . . . . . . . . . . . . . . .48 800-693-4343 . . . . . . . . . . .www.appliancewhse.com Namco Manufacturing . . . . . . . . . . . . . . . . . . . .53 800-634-5816 . . . . . . . . . . . . . .www.namcomfg.com BG Personnel Services . . . . . . . . . . . . . . . . . . . . .16 713-781-8367 . . . . . . . . . . . . .www.bgpersonnel.com Perfect Surface . . . . . . . . . . . . . . . . . . . . . . . . . .27 713-952-0202 CKI Wholesale Lock Supply . . . . . . . . . . . . . . . . .69 713-462-0704 . . . . . . . . . . . . . . . . .www.ckilock.com Marvin Poer & Company . . . . . . . . . . . . . . . . . .66 713-460-4500 . . . . . . . . . . . . . . . . .www.mfpoer.com Camp Construction Services . . . . . . . . . . . . . . . .15 713-413-2267 . . . . . . . . . . . . . .www.camprecon.com Rasa Floors . . . . . . . . . . . . . . . . . . . . . . .Back Cover 713-660-7777 . . . . . . . . . . . . . . .www.rasafloors.com Century Air Conditioning . . . . . . . . . . . . . . . . . .35 281-530-2859 . . . . . . . . . . . . . . .www.centuryac.com Reliant Energy . . . . . . . . . . . . . . . . . . . . . . . . . . .13 800-894-6678 . . . . . . . . . . . . . . . . .www.reliant.com Need forms? Call us today! Contact our Form Sales department directly at 713-595-0317, or send an e-mail to forms@haaonline.org. History of Effective Rental Rate & Occupancy for All Units SNAPSHOT Occupancy: Price: Rental Rate: Size: 84.0 – 86.9% $716/mo. 83.0¢/sq.ft./mo. 863 sq.ft. Past 12 Months: 4.3% rental rate growth 7,138 units absorbed Operating Supply: 2,798 communities 550,758 units Recently Opened (12 months): 61 communities 17,460 units • • 82.0 – • Submarket Heights Medical Center/Bellaire Katy/Far West Woodlands/Far North Far East • • – 89.0 • • • • • • • • • • 80.0 – 78.0 – • • • • • – 88.0 • – 87.0 76.0 – Oct 06 – 86.0 HOTTEST SUBMARKETS Over the Past Three Months Rank 1 2 3 4 5 – 90.0 • • • Under Construction: 58 communities 15,854 units Proposed Construction: 59 communities 18,029 units – 91.0 % of Market Absorbed 3.8% 2.2% 3.2% 2.2% 1.1% Annualized Rental Rate Growth % 10.3% 13.6% 7.1% 7.8% 11.1% Sep 08 JSZ Financial Co. . . . . . . . . . . . . . . . . . . . . . . . . .66 972-404-8390 . . . . . . . . . . . .www.rentcollectors.com Jul 08 Ameritex Apartment Movers . . . . . . . . . . . . . . .29 713-484-8400 . . . . . . . . . .www.ameritexhouston.com Aug 08 Video Monthly . . . . . . . . . . . . . . . . . . . . . . . . . . .56 713-880-3333 . . . . . . . . . . . .www.videomonthly.com Jun 08 Hiebert Photography . . . . . . . . . . . . . . . . . . . . .33 281-961-3014 . . . . . . .www.hiebertphotography.com Apr 08 Ameristar Screen and Glass . . . . . . . . . . . . .34, 67 713-683-6767 . . . . . . . . . . .www.ameristarglass.com May 08 Texas Apartment Supply . . . . . . . . . . . . . . . . . . .71 800-493-5406 Mar 08 Hamilton-Steele Outdoor Accents . . . . . . . . . . .57 713-533-9059 . . . . . . . . . . .www.hamilton-steele.com Jan 08 Alexander-Rose Associates Inc. . . . . . . . . . . . . . .72 713-644-4441 T Feb 08 TPI Painting Inc. . . . . . . . . . . . . . . . . . . . . . . . . . .1 713-668-7986 . . . . . . . . . . . . . .www.tpipainting.com Dec 07 FSI Construction . . . . . . . . . . . . . . . . . . . . . . . . .34 713-690-5330 . . . . . . . . .www.foundationexperts.com 41 submarkets, and the ranking is based on the best combination of rental rate growth and absorption over the past three months. The third table distributes and analyzes concessions (specials) by classification. Concessions generally are represented by three types of specials: move-in, months free or floor plans. The effect of these specials is captured and prorated over a lease term to arrive at a percentage reduction in market or street rents. Oct 07 AIMSCO Supply . . . . . . . . . . . . . . . . . . . . . . . . . .12 832-494-1900 . . . . . . . . . . . . . . . .www.aimscosupply.com he first table below displays a snapshot of the current market conditions. The graph displays the overall occupancy and effective rental rates over the past 24 months. These statistics are derived from a continuous survey of all apartment communities in the Houston region. The effective rental rates are the calculated net of concessions and utility adjustments. The second table lists the five hottest submarkets in the Greater Houston area. There are a total of Nov 07 Service Concepts . . . . . . . . . . . . . . . . . . . . . . . . .49 936-441-2121 . . . . . . . . . . . .www.serviceconcepts.us Aug 07 For Rent Magazine . . . . . . . . . . . . . . . . . . . . . . . .5 281-281-1800 . . . . . . . . . . . . . . . . .www.forrent.com Sep 07 Advalorem Tax . . . . . . . . . . . . . . . . . . . . . . . . . . .52 281-474-2300 . . . . . . . . . . . . . . . .www.advaloremtax.net Jul 07 Scott Equipment . . . . . . . . . . . . . . . . . . . . . . . . . .7 713-686-7268 . . . . . . . . . .www.scott-equipment.com Jun 07 First Advantage-SafeRent . . . . . .Inside Back Cover 972-612-2420 . . . . . . . . . .www.registry-saferent.com May 07 Advanced Foundation Repair . . . . . . . . . . . . . . .59 713-464-5561 . . . . . .www.advancedfoundationrepair.com BRUCE McCLENNY, President, Apartment Data Services HOUSTON Apr 07 Resident Credit Reporting . . . . . . . . . . . . . . . . .61 713-595-0345 . . . . . . . . . . . . . . .www.haaonline.org Feb 07 Dixie Carpet Installations . . . . . . . . . . . . . . . . . .63 281-261-6334 . . . . . . . . . . . . . .www.dixiecarpet.com Mar 07 Access Electric . . . . . . . . . . . . . . . . . . . . . . . . . . .37 281-489-7755 . . . . . . . . . . . . . . .www.access-electric.com Jan 07 RentBureau.com . . . . . . . . . . . . . . . . . . . . . . . . .74 877-703-7368 . . . . . . . . . . . . .www.rentpredict .com Dec 06 Comcast . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 713-341-1000 . . . . . . . . . . . . . . . .www.comcast.com By Nov 06 AAA Plumbers . . . . . . . . . . . . . . . . . . . . . . . . . . .67 713-462-4753 . . . . . . . . . . . . . . . . . .www.aaaplumbers.cc MARKET LINE Rental Rate (¢/sq.ft./mo.) RENCON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 713-666-3636 . . . . . . . . . . . . . . . . . . .www.rencon.cc • Certified Recovery . . . . . . . . . . . . . . . . . . . . . . . .69 713-464-8219 . . . . . . . . . .www.certifiedrecovery.com Occupancy (%) INDEX OF ADVERTISERS CONCESSIONS Class All A B C D Total Units w/Concessions 264,219 44,357 97,877 113,696 8,290 % of Total Units 48% 46% 46% 55% 25% Average Special -6.9% -6.4% -7.0% -6.9% -10.3% Citywide Effect -3.6% -3.0% -3.6% -4.1% -5.0% One Month Free = -8.33% TEXAS 74 NOVEMBER 2008 ABODE DALLAS/FT. WORTH SAN ANTONIO AUSTIN Occupancy: Price: Rental Rate: Size: Occupancy: Price: Rental Rate: Size: Occupancy: Price: Rental Rate: Size: 90.1% $747/mo. 87.0¢/sq.ft./mo. 859 sq.ft. 89.8% $681/mo. 82.1¢/sq.ft./mo. 829 sq.ft. 89.3% $843/mo. 98.0¢/sq.ft./mo. 860 sq.ft. Past 12 Months: 3.7% rental rate growth 6,205 units absorbed Past 12 Months: 2.3% rental rate growth 2,123 units absorbed Past 12 Months: 3.5% rental rate growth 2,008 units absorbed Operating Supply: 2,495 communities 554,061 units Operating Supply: 688 communities 136,703 units Operating Supply: 698 communities 151,625 units Apartment Data Services Inc. has been providing apartment data and marketing products since 1986. ADS Online covers Texas’ four largest metro areas and provides real-time access for property specific information, market surveys and historic submarket data for more than 1.3 million apartment units. For more information, contact McClenny at 800-595-8730. © 2008 Apartment Data Services Inc. ABODE NOVEMBER 2008 75 BACK PAGE News from around the COMMUNITY It’s fund-raising season, and HAA needs your donations and support for these worthy causes: Share Your Holidays Help HAA and Channel 13 feed the needy this holiday season The annual KTRK Channel 13 “Share Your Holidays” food drive is scheduled for Friday, December 5, 6 a.m. to 6 p.m., at locations throughout Houston. The Houston Apartment Association is participating and needs your help with our Food Drive starting November 1. We would like to get as many apartment properties as possible to collect food. If your property or management company plans to collect food during the holiday season, why not work with HAA and help us make the largest contribution from any local organization? Let’s show the community the generosity of the apartment industry. Here are ideas on how to collect food successfully on site: • Set up a collection box at the leasing office. The Houston Food Bank will provide you with a collection box, or you can decorate your own box. • Place a flier at each resident’s door or in your newsletter to announce that you will be collecting food during November. • Visit your local grocery store and ask for a supply of paper bags. Explain to the manager that they will be used to collect food for the Houston Food Bank. (They should give bags to you ABODE IS THE OFFICIAL PUBLICATION OF THE HOUSTON APARTMENT ASSOCIATION. Serving the multihousing industry in Austin, Brazoria, Chambers, Colorado, Fort Bend, Harris, Liberty, Matagorda, Montgomery, San Jacinto, Waller and Wharton counties. ABODE, NOVEMBER 2008, VOLUME 31, ISSUE 11 ABODE is published monthly by the Houston Multi Housing Corporation. Publishing, editorial and advertising offices are located at 4810 Westway Park Blvd., Houston, Texas 77041. Telephone 713-595-0300. The $50 annual ABODE subscription rate is included in all member dues and additional subscriptions are available. The annual subscription rate is $50 for members, $65 for non-members. Advertising rates are available upon request. Contributed material does not necessarily reflect the views and opinions of the Houston Apartment Association. Copyright © 2008 by HAA. Application to Mail at Periodicals Postage Rates is Pending at Houston, Texas. POSTMASTER: Send address changes to ABODE, 4810 Westway Park Blvd., Houston, Texas 77041. 76 OCTOBER 2008 ABODE free of charge.) Place a bag outside the door of each apartment asking that the resident fill the bag with non-perishable foods. Indicate when you will be returning to pick up the bag and to place it outside the door. • Place a flier in mailbox areas announcing the food drive and when the bags will be picked up. The following drop-off locations will collect food. Please drop off donations by Tuesday, December 2: • Certified Recovery Systems Inc, 6161 Savoy #600, Houston, Texas 77036 • CityView Place Apartments, 16818 City View, Houston, Texas 77060-2503 • HAA Offices, 4810 Westway Park Blvd. Houston Texas 77041 • Camp Construction Services, 1333 Almeda Genoa Rd Houston, Texas 77047-4209 Last year HAA members and residents collected 50,000 pounds of food and more than $1,800. Please contact Susan Hinkley to participate or to ask for additional information at 713-595-0313 or shinkley@haaonline.org. Houston Apartment Association 4810 Westway Park Blvd. Houston, Texas 77041 Return Service Requested