President’s Message
Grant E. Nelson, III

Spring. A Time for Action
All rental property owners should be prepared for the rental season to be successful in today’s competitive rental market. First impressions are important. A clean, well-maintained apartment/house, both inside and out, is very important to a prospective tenant. Be sure to be consistent with all applicants; have them complete a rental application , filling in all information. Have each adult whose going to occupy the unit sign the application. Keep all applications, whether they become a tenant or not, for at least three years. Do a credit and criminal history check. (A fee may be charged for processing the application. This cost should be shown on the application.) Always screen the application completely. After the screening process is complete, and all monies have been received, (with lease and all paperwork, addendums, lead paint disclosure) then set up move-in and have tenants sign for keys. Remember whenever a tenant defaults on his/her lease, provide them w/ a five day notice in writing of their default. Eviction process should be started immediately to minimize your losses.
In closing, for those rental property owners who have not joined WCAHA, I ask you to join today! Refer to page 8 for the many benefits you will receive. A real bargain to become part of an organization that will help protect your rental property business in West Chester.

Members Making a Difference
Dave Marshall

Dave Marshall, recently appointed to Vice President and Treasurer of the WCAHA, has good reason to be excited about the positive changes in the Borough of West Chester. Dave and his wife, Whitney Collins, spent the better part of 2002 deciding where to locate their new retail business. After months of combing through census data, looking at numerous spaces and interviewing key business people, they decided on Market Street in the Borough of West Chester for their flagship retail store Ashley & Whitney. The new 2,000 square foot store offers woman’s contemporary fashions and eclectic home items, and as Malcolm Johnstone, Executive Director of the Business Improvement District, stated, “This is exactly the type of business that we are trying to attract to West Chester.”
Marshall added, “The support structure is here for new businesses to prosper.” “All of us can be excited about the physical improvements coming to the Borough such as; the Market Street revitalization project, the new court house, and additional parking facilities…all play a role in providing an environment in which people want to be involved.”
Whitney is a member of the Greater West Chester Chamber of Commerce and serves on the Membership Services Committee. She is also a member of the Downtown Retail Association, an organization she helped start late last year.
Dave owns and manages properties in West Chester, Downingtown and Stone Harbor, NJ providing a mix of housing for students, young professionals, and families. Dave also plays baseball for the Kennett Blue Rocks, a 28 and over adult baseball league with team members from around the Chester County region.

Permit Fee Lawsuit
By Bob Kappe

As you know, The West Chester Borough Department of Building and Housing increased the Rental Permit Fee from $25.00 to $36.00 per dwelling unit in 1997.

The Department of Building and Housing was only inspecting every 30 months, contrary to their own ordinance requirements.

Our Officers and Directors met with them on numerous occasions and went to many Borough meetings to either stop the increases or to inspect our units.

The Department of Building and Housing then increased the fee to $42.00 per unit with talks of raising it eventually to $60.00 per unit.

The Plaintiffs Robert Kappe Associates, HNR Associates and O’Connell Enterprises, were forced to file a lawsuit against The Borough of West Chester because of this illegal tax.

Our lawyers Lee Stivale and Ron Agulnick did an excellent job in representing the case. We gave the Borough two settlement offers during the trial which they declined. Judge Sanchez asked for another settlement prior to his written opinion but the Borough’s offer to us was nebulous.

The 44 page opinion was in our favor and it was clearly stated that the Borough collected a disproportionate revenue from the rental housing program which renders the program an invalid taxing scheme.

The Borough spent over $100,000 in legal fees and lost employee time. They were directed by the Judge to reimburse plaintiffs all permit fees from 1997 with interest.

Unwisely, in my opinion, the Borough has filed a motion for a new trial or a modification of opinion. This could possibly cost another $50,000 of tax payer’s money. The Borough is at risk for refunds of $1,200,000.

Hopefully the Borough will realize that they are neither beyond the law nor beyond our scrutiny to protect our member’s rights to manage their rental business.

Claim Your Refund Now !

Attention all Apartment Owners !
If you owned rental property in the borough of West Chester between 1997 and 2002, you will be entitled to a refund of your inspection permit fees.
To file a claim, please contact::

Lee Stivale, Esquire

Vincent B. Mancini & Assoc.
414 E. Baltimore Pike
Media, Pa. 19063
610-566-8064
Fax: 610-566-8265

Claim Your Refund Now !

PROA Announces Two New Suppliers

Skyline Systems
Please be advised that Skyline Building Systems, Inc. has joined PROA as an Associate (Supplier) Member. They are also advertising their product called “Dec-Tec” on PROA’s web site. Dec Tec is a durable, waterproof, slip resistant, maintenance free deck surfacing product. Skyline is also offering a special discount to PROA members.

Pre-Paid Legal Services, Inc.
It is our pleasure to announce that Pre-Paid Legal Services, Inc. has joined PROA as an associate member. They provide a number of pre-paid legal plan.

Plans which include such items as:

• Unlimited Telephone Consultations
• Legal Letters
• Contract Review
• Debt Collection Letters
• Trial Defense Services
• Motor Vehicle Legal Services
• IRS Audit Protection
• 25% Discount on All Other Legal Services

Their slogan is “Valuable Legal Service for Less than the Cost of a Cup of Coffee a Day”. So when you need a lawyer, you will have one available- any time, anywhere.

For more information on either of these services, please visit PROA’s website at:

www.PROAssoc.org

Please support the sponsors of PROA and WCAHA

Thank you

Gold Leaf Program
By Jason Griggs, Director

We as an organization are initiating, over the next year, the Gold Leaf Program in order to promote those property owners who choose to demonstrate that they are indeed “maximizing the satisfaction of all people” by “addressing common concerns of the community.” At our association function last year Mayor Yoder spoke to us about the need for the community to work together and that “through cooperation and mutual responsibility” we can “promote a clean and safe community.”
Here’s how The Gold Leaf Program works:
Any WCAHA Member, in good standing, may choose to apply for Gold Leaf status by completing an application and paying a one time $75.00 application fee. A 3-member panel will review the application and the following required information:

A copy of their standard lease. The lease must include the following required information:
• A Crime Free Lease Addendum
• Mention & uphold the tenets of Operation Vigilance
• Allows only patio furniture on porches & balconies
• Passes through fines for litter and/or excessive trash to respective tenant.
• Bans “keg” or “keg parties” from the premises
Other:
A copy of their rental application
A declarative statement of their tenant screening process
Demonstration that escrow funds are administered properly according to the Pa. Landlord/Tenant law.

More information will follow.
Suggestions welcomed.

Annual Members’ Meeting
By Peggy Westwood, Administrative Assistant

The West Chester Apartment Housing Association’s 2003 Annual Members’ Meeting was held on Wednesday, April 9th at 6:30 pm at the West Chester Golf & Country Club.
In attendance were the Officers & Directors, approximately 50 members and three guest speakers. Cocktails and hors d’ouvres were served.
Bob Kappe, Assistant Treasurer, opened the meeting by making introductions. Tony Polito, candidate for District Justice, spoke about his background and his plans if elected. Keir Abrahams, a member running for Borough Council, gave a short speech about his plans if elected. He indicated his desire to simplify things. Mayor Dick Yoder expressed his thanks to the association for their help with Operation Vigilance and encouraged all to help curb the disruptive behavior associated with underage drinking.
Grant Nelson, President, opened the business part of the meeting with a moment of silence in memory of the soldiers currently fighting in Iraq. He reviewed last year’s budget, talked about the upcoming PROA cruise, needing volunteers for contacting legislators on issues concerning landlords, and asked about any interest in a “roundtable” type of discussion/educational sessions. Many members showed interest in this idea. The idea is to get together over lunch or dinner to discuss mutual concerns, and to include guest speakers on subject such as: the eviction process, this that and the other thing.
Dave Marshall, recently appointed as the V.P. Treasurer, went over the 2003 treasury report which was unanimously accepted.
Jason Griggs, a Director, talked about the new “Gold Leaf Program.” This program would reward members who’s units uphold certain standards set by the program, with a gold leaf decal to be displayed. Any potential renter, when seeing this decal, will know that the unit is in a condition that meets the criteria of the program.
Bob Kappe, with comments from Stan Zukin, and Grant Nelson, reviewed the recent decision of Judge Sanchez in the Inspection Permit Fee case. All members were encouraged to contact Lee Stivale, the attorney for the case, to claim their refunds from the Borough.
John O’Connell, Director, reminded all members to make sure that the rent they are charging is reflecting the current increases in the cost of water, sewer, trash, utility, and real estate taxes.
All in all the meeting was a success. A lot of information was shared, concerns were raised and plans for the future were made.

Calendar of Events

Get involved in your community by planning on attending the following meetings.

For more information, go here.
• May 7: Landlord/W.C. Police luncheon. Noon to 1:00 pm
• May 20: Boro Council Work Session
• May 21: Boro Council Public Meeting
June 5: PROA Board Meeting 11:00 am Harrisburg
• June 17: Boro Council Work Session
• June 18: Boro Council Public Meeting Wage Attachment
Helpful hints
To ensure the ability to attach wages in the future if you obtain a judgment
from the court, please follow these steps:

1. Add to your lease agreement language that states "Tenant must provide
Landlord with employer's name and address at lease signing. If tenant changes
employment, tenant must notify landlord within five days with the new
employer's name and address."
2. Obtain your tenants social security number and any information that would
help you for wage attachment.
3. Always photocopy a rent check from the tenant to keep on file if ever
needed to collect a judgment.