To Train or Not to Train? This shouldn't even be a question.

 

In my many years as a rental housing professional, I have discovered that there are two camps with differing philosophies regarding continuing industry training. The first camp seeks out training with the belief that it is valuable and beneficial; not only for the employee, but the organization as well. The second camp believes that training is a waste of time and resources and avoids it.

 

Unfortunately, the second camp seems to be in the majority. While most Directors, Vice Presidents, and Regional Managers fall into the first group, they often work for a member of the second group.

Costs vs. Benefits of Training

Training costs are directly measurable. For example, sending an employee through an association sponsored training program will incur tuition costs, possible travel, and time away from their site. Let's not forget the employee's wages while attending the course. And, perhaps overtime or additional work load burdens for the other employees. Having a trainer come to your organization will also incur costs. The speaker will have a fee as well as material costs. Bringing everyone together will cost mileage dollars and refreshments. Not to mention closing the offices down for a few hours and the possibility of missing that cherished rental/sales opportunity.

There is no question that training can be expensive. But with proper planning and budgeting, the cost can be reduced. The real question to ask is "What is the cost of liability if the team is NOT receiving training?"

The benefits of training are easily measureable. For example, I have numerous clients tell me that leases increased the same afternoon as a morning leasing session, or the closing ratios improve dramatically. Customer complaints decrease after training, and employees tend to be more cautious about Fair Housing once they have proper understanding of the laws and guidelines. The right training can increase an employee's motivation and enthusiasm. Continued, regular training will increase productivity, team morale, self-confidence, sense of importance, and communication skills amongst your team. Training should be viewed as a reward for continued employee loyalty. If training is marketed correctly as an investment in the employees, your team will be excited to attend and see this as an additional benefit to them.

Phil Querin Q&A: Assistance" Animals - When Do They Become A Ruse?"

Question:  Our community is having more and more residents who are trying to bring in dogs or other animals as “assistance” or “service” to get around signing the Pet Agreement or paying pet fees. We also have some that bring in pets that are under the weight limit as puppies, but not as adults. What can be done? And what about those breeds of dogs that have a reputation for being vicious, that residents claim are for their emotional support? Do we, as landlords, have any recourse to require residents to get rid of their animals, as they are abusing the system to circumvent our size requirements?

Phil Querin Q&A: Death of Tenant in Community Owned Home Disposal of Personal Property

 

Question: I have a question regarding a resident's death in our community where the only thing he left was his personal belongings and cars on the space. The landlord owned the home and had been subleasing to the resident. After he passed away, his foster brothers were notified, and they have gone through the home, and presumably took what they wanted. There is no will. What does the landlord do at this point? How would this be different if the resident owned the home?

 

 

 

Phil Querin Q&A: Two Questions on Children in Parks

 

Question 1: If a community is a legal 55+ park, is it still subject to the federal and state laws prohibiting discrimination against children?

 

Question 2: If the current rules in a family community appear to be discriminatory towards children -- e.g. they place restrictions that have a discriminatory impact on children or persons with children (e.g. curfew on children, even if it's intended to be for their own safety) can the landlord unilaterally amend the rules, or does he/she need to go through the formal rule change process outlined in the ORS 90.610?

 

 

 

Phil Querin Q&A: Medical Marijuana And Reasonable Accommodations Laws In Oregon

 

Question. We have an applicant applying for residency that has an Oregon Medical Marijuana Card, He has requested that he grow marijuana for his use and is asking for a reasonable accommodation to grow since our rules do not allow pot to be grown on the space. Does this qualify for a reasonable accommodation? If we make a reasonable accommodation is he still required to grow only the limited number of plants outlined in the ORS? Or can he grow as many as he wants? Can we require that the plants be grown in the back of the space?"

 

 

 

Phil Querin Q&A: Temporary Occupant and Fair Housing Accommodation

 

Question: A tenant has asked for her daughter to be on a temporary occupant agreement. The tenant has recently been in the hospital and has returned home. She has not said she needs a caregiver at this point in time. The daughter is 40 years old and has three large dogs. She has applied to be a temporary occupant and has said that she will bring her dogs and if the park says 'no' she will get her attorney. Does the temporary occupant have rights? The park has a small dog policy - her dogs are clearly in violation. At this point there has been no mention of disability or request for reasonable accommodation. What are the landlord's rights? We suspect that the tenant will eventually say she needs at caregiver and hence the need for her daughter. At that point, once she has said "disability" or "caregiver" what are the landlord's rights? Can he say no to the daughter in both circumstances or only in first before the word "disability" or "caregiver" is mentioned?

 

 

 

 

Phil Querin Q&A: Is Domestic Violence a Defense to Non-Payment of Rent?

 

Question: I have a resident that I issued a 72 Hour Non-Payment of Rent notice to last month. When I served it she told me that she is a victim of domestic violence and would provide me a copy of the restraining order, she also told me that she would have her attorney contact me. Neither occurred. She paid her rent by the final date on the notice. She hasn't paid rent yet this month. I still have no copies of a restraining order, nor has her husband informed me that he has moved out. She is the only one to tell me about domestic violence. I just served her with another 72 hour notice. She is upset and yelled that I can't evict her because she is still dealing with issues as a victim of domestic violence. She also told me that she now has two attorneys and that she will have them both call me. I informed her to read the notice carefully as rent will need to be paid by the 13th or I would file in court on the 14th.

 

My question is this: Is domestic violence a recognized defense to non-payment of rent?

 

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