Volume 7, Issue 3

WCAHA Newsletter

West Chester Apartment Housing Association

President’s Message
Grant E. Nelson, III

This issue has been sent to all the rental property owners of West Chester in the hope to provide them with lots of helpful information. With WCAHA entering its seventh year of service, I hope you will join our successful group and return the enclosed application today!
This is the time of the year that we need to look at our properties and do the necessary maintenance to make them neat and appealing. Painting, roofing, window replacement, gutters, lawn mowing, and shrubs should be trimmed in the good weather. We all should take pride in the interior and exterior condition of our properties. We should keep in mind the health and safety of our tenants and comply with local regulations. Lets also keep our community free from the effects of poorly maintained properties, ie: trash, abandoned vehicles, high grass, leaky roofs, bad gutters, etc. Let’s keep good tenants and make the necessary improvements to acquire new good tenants when need be! Do this for your good and the good of West Chester.
Reminders
• Tenant eviction require landlords to keep accurate & detailed records.
• Have your rules & regulations reviewed frequently to ensure they don’t discriminate on the basis of family status-or any other protected class-inadvertently or advertently.
• Smoke detectors: Schedule regular smoke detector maintenance to avoid injuries to tenants and to defend against cases of negligence.
• Failure to follow proper procedures in returning security deposits can cost you much more than the deposit.
• Don’t forget to check out our sponsor pages! Our sponsors help to support our organization, so make sure you support them by using the WCAHA sponsors before you check the phone book. Our sponsors are on our website!

PROA Offers Members Free Advertising!

As a WCAHA member, you are also a member of our state organization, PROA. PROA lobbies on behalf of apartment owners on a state level. Their website, www.PROAssoc.org
offers members access to their newsletter, criminal history checks, an annual educational cruise, and now you can advertise your available units on their site for FREE. Just contact the WCAHA office for a PROA I.D. Instructions for listing your available rentals are available on PROA’s website and on our own site www.wcaha.com. We will begin advertising to draw potential tenants in the near future. There is a link on our site that will direct interested parties to the apartment search at PROA.
This is just one of the many benefits of being a WCAHA member.

Meet District Justice Gwenn Knapp

Greetings! I am the new District Justice on the east side of West Chester. Since you may need the services of the legal system in the course of running your businesses, you are probably curious about me, so I wanted to provide some background.
I have lived in West Chester for 19 years. Before becoming District Justice I ran a small business here. In that role, I wore all the hats and I experienced what it takes to run a successful business. I respect well-run businesses, and appreciate their importance to the wellbeing of our Borough. I consider ethics in business to be a critical ingredient of true success.
West Chester is unique in one aspect, among others. It has the highest percentage of rental units of any municipality in Pennsylvania outside of State College – almost 63%. That makes investing in property big business here, and those of you who own properties in the Borough have a great opportunity to contribute positively to our quality of life.
In my capacity as District Justice, as in my capacity as a resident, I find most investors here are doing a fine job of managing their properties. I have reviewed the lease that your association recommends to its members, and find it to be a well-prepared document. So far, most of the landlord–tenant matters brought to the new court have been simple matters of unpaid rent.
The laws governing the landlord–tenant relationship are both complex and specific. There are elements that protect each party in this relationship, and it is my intention to hear each case that comes before me individually and fairly, and to render judgments according to the law. I believe that whenever a party needs and receives the protections afforded by the law, the larger community also benefits.
In the end, you will find that I am pretty easy to understand. I am a resident with a business background who believes in interpreting the law with common sense. You are welcome to stop by and visit me and see the new court anytime. It is located in the Good Will Industrial
Park at 530 E. Union Street, West Chester.

Tip: When a matter arising from a landlord­­­–tenant relationship is brought to court, but the tenant is no longer in possession of the property, it should be filed as a civil complaint, not as a landlord–tenant complaint.
Gwenn Knapp
District Justice
District Court 15-1-04

Permit Suit Update Bob Kappe

As you may know, ROBERT KAPPE ASSOCIATES, HNR ASSOCIATES, AND O’CONNELL ENTERPRISES (Appellees) filed a lawsuit against the Borough of West Chester regarding the Annual Rental Permit Fee.
Originally the Department of Building and Housing would only inspect the rental units on a 24-30 month basis, yet they charged an annual fee.
This was in conflict of their own ordinance which required annual inspections. In addition, they escalated the fee for a profit.
This is an illegal tax as ruled in Common Pleas Court with Honorable Juan Sanchez ruling that the Borough must reimburse these fees to the appropriate parties.
The Borough appealed this decision to Commonwealth Court and lost the appeal.
Now, the last process is that the Borough has filed a petition for Allowance of Appeal to the Pennsylvania Supreme Court.
We are currently waiting for the outcome of the possible appeal.
Currently the Borough is liable for a refund of approximately $700,000 plus interest to the Appellees as a Class.
In addition, the Borough has wastefully spent about $200,000 of the tax payer’s money to defend the case to this level.
We will keep you informed of the Court’s decision.
If you have not registered, you still have the opportunity to be part of the claim for refund. Please call our attorney, Lee A. Stivale @ 610-566-8064 to register your information.



PROA to hold Convention in Valley Forge,
Winter 2005
Be on the lookout for a post card from our state organization The Pennsylvania Rental Owners Association, or PROA for short, inviting you to their convention. All rental property owners in Pennsylvania will be invited.
WCAHA will be one of the hosts of the Convention. This is a great opportunity for all rental property owners.
More information will be provided as the event draws closer.
As a WCAHA member you are also a member of PROA. Contact the WCAHA office for a PROA I.D. which will allow you to access members only items on their website:
www.PROAssoc.org

The Gold Leaf Program, Jason Griggs
With competition for tenants as tight as it has ever been, our members now have a way to identify themselves and their properties as superior in the marketplace. The Gold Leaf Program is designed as a WCAHA Member benefit to differentiate members who maintain their properties to the highest standards from those that are often sub-standard.
The Gold Leaf Program has been in the works for nearly a year and has gone through many changes. It sprang from a suggestion from Mayor Richard Yoder when describing his trip to Ireland several years ago. He and his wife discovered that if a bed and breakfast had a particular insignia in the window, they knew that they could expect the highest level of accommodation. We felt we could do the same thing in West Chester as a WCAHA member benefit.
Here’s how it works. Any member in good standing may choose to join the Gold Leaf Program by filling out the application and agreeing to abide by a strict list of standards. The standards are:
• Use the WCAHA Standard Lease that contains a Crime-Free lease addendum
• Combat overcrowding
• Properly screen prospective tenants
• Be responsive to maintenance requests
• Uphold and promote Operation Vigilance
• Ban keg or keg parties from my properties
• Not allow basements to be used for social gatherings of any kind
• Allow only outdoor furniture to be used on porches and balconies
• Pass through fines to those responsible
• Administer security deposit funds properly
• Abide by the Pennsylvania Landlord - Tenant Act
• Cooperate with governmental agencies
• Remain educated on state and local building codes.
• Not discriminate
The WCAHA lease and Crime Free Lease Addendum will soon be available on our web site or as a part of our handbook.
Upon your agreement to abide by these standards and payment of the $75.00 application fee, you will receive enough Gold Leaf window stickers to place one at each building you own or manage. We wanted to make this program about the management style and the attentiveness of the property owner rather than the condition of properties; the borough already inspects properties.
You will have the ability to advertise your property on the West Chester University Off-Campus web site as a Gold Leaf property. The University and WCAHA have joined forces to promote the property owners and their properties that aspire to be superior. The University wishes to see their students in clean, safe and well managed properties, and the Gold Leaf program will help differentiate which ones they are. Anyone will still be able to advertise apartments for rent on their site but only Gold Leaf Members will have a Hyperlink in their apartment listing that, if clicked on, will take the viewer to the WCAHA site. Once there, they will be able to read what it means to be a Gold Leaf Member.
You will also have the chance to use your status as a Gold leaf Member in your own advertising. The WCAHA may decide to do some additional promotion of the program and you will be able to participate in that as well.
One knock on the WCAHA over the years is that the association doesn’t take any responsibility for who is allowed to be a member, simply by owning property allows you the opportunity to join. The expectation of The Gold Leaf Program is that high standards must not only be met to gain entry but those standards need to stand the test of time. As a Gold Leaf Member you also run the risk of having complaints lodged against you for not measuring up to those high standards.
We will be setting up a hotline and printing the phone number and/or web address on the Gold Leaf stickers themselves. Those who lodge complaints must leave detailed information about the situation. We will evaluate each complaint and contact the Gold Leaf member. We will then follow-up with the complainer to see if the situation has been rectified. You can loose your Gold Leaf status if a situation persists or it is felt that your actions compromise the integrity of the program. In order for you to be removed from the program an independent group will review the complaint and your remedies and make a status recommendation. We will not pursue incomplete or frivolous complaints or complaints against non- Gold Leaf members.
Each year you will need to renew yourself for inclusion in the Gold Leaf Program by paying the $25.00 renewal fee. This covers the cost of administration, mailings and the printing of current year window stickers.

It is not likely to be seen right away if the Gold leaf Program is a success or not. It will take a few years for it to mature and eventually Gold leaf properties will be sought after while others are vacant.
The success of the Gold Leaf
Program relies on you.

If you have any questions please contact Jason Griggs at 610-489-5955 or by email at :
sempercorp@yahoo.com

How to keep your student rental

In a recent meeting, the Borough agreed that if a student home is temporarily unoccupied by students for reasons outside the owner’s control, and the owner advises the Borough that the owner does not intend to abandon the owner’s right to use the property as a student home, the Borough will permit the property to remain as a non-conforming student home.
This is great news to all WCAHA members.
The following is a sample letter that can be used to inform the Borough of an owners intent to not give up their right to rent a unit to students even though it is currently occupied by non-students.

Dear ___________,
I am the owner of the property located at ____________________which is a non conforming student home. This property is listed as such on the Borough’s registry of non-conforming student homes.
At present, this property is not occupied by students. However, I am writing this letter to make note that despite the current lack of student occupancy of this property, I as the owner of this property, do not intend to abandon my right to use this property as a student home in the future and I am writing to confirm my understanding that the Borough will continue to classify this property as a non-conforming student home. If my understanding as noted herein is incorrect, please advise me immediately in writing so that I can file an Immediate appeal with the Zoning Hearing Board.
Sincerely,
_____________________________

Our thanks to Don Turner, Esquire, and Hank Hamilton, WCAHA VP Secretary, for helping to make this possible.

Property Listings on our Website
and Newsletter

Have a property in West Chester you’d like to sell? Don’t want to pay a real estate agent thousands of dollars? Want to reach only serious investors?
If you said “yes” to these questions, we have a perfect solution. Advertise your property on WCAHA’s website and in the quarterly newsletter. For only $500 (a fraction of what you’d pay a realtor) you get a 1/2 page ad in our quarterly newsletter, which is mailed to over 150 serious investors, and an ad on our website, www.wcaha.com.
To advertise your property(s) just contact the WCAHA office for an application. We will include, to assist you on your sale, an expense/income form and a property information form. These two items will help you put together all the information a potential buyer would need.
So take advantage of this member benefit by contacting the WCAHA office today.

Sherwin-Williams acquires Duron

The Sherwin-Williams company announced that on May 15, 2004 they entered into an agreement to acquire Duron, Inc. This transaction was expected to close in 30-40 days. Duron is a company that they have respected and admired for years, and together they feel that they will be a stronger asset to their valued customers.
Sherwin-Williams will continue to provide high quality paint products and sundries as in the past, and provide the same outstanding service. Duron products will continue to be manufactured in the existing Duron facilities, and sold through the Duron store and territory network.
Discount cards for Sherwin-Williams products are available through the WCAHA office.

Visit our new and improved website at: www.wcaha.com




Town Gown

Building healthy relationships between the University and the Borough of West Chester
The Town Gown Council is a group of interested local residents, University students, Borough of West Chester officials, and administrators from the University who meet monthly to discuss ways to maintain and enhance healthy relationships between the University and the Borough of West Chester.
Over the years, this group has been instrumental in developing a host of programs, including the Adopt-A-Block Program, designed to help long-term residents and University students get to know each other as individuals and neighbors. Each semester the Council publishes a copy of the Town Gown Newsletter.

Look for Town Gown Meetings starting in September 20th.

Round Table Updates, Karen Grim

Hi gang! Here we are, summer coming to a wrap. As summer winds down the activities for our organization heat up. For those who may be unfamiliar with the Round Table Discussion Group, we are a branch of WCAHA which outreaches into the organization to provide education. The committee consists of myself, Peggy Westwood and Dave Marshall. We, of course, would be more than glad to invite any available member to join this valuable committee. As a committee, we are responsible for setting the agenda/speakers for next year’s meetings. We request input directly from club members. We are the ears listening to your concerns and seeking educational speakers to address any aspect of being a property owner or manager.
This year the meeting will be limited to one meeting every other month, but will continue to be held at the Courtyard Inn on the 2nd Wednesday at 6:45 PM.
Some of the topics on the schedule for this year are “Buying Downer Buildings,” “Is Section 8 Housing the way to go?,” “How will WCU’s five year plan affect our business” and more.
So you see, the list is exciting and stimulating. If you are interested in being a guest speaker on a topic that would interest members, please contact Peggy at the WCAHA office.
Lt. Thomas from the West Chester Fire Department will be our guest speaker on Sept.8th. Fire safety should be a concern of all landlords and Lt. Thomas will be on hand to answer all your questions about fire safety and the codes that regulate it.
So mark your calendars for the 2nd Wednesday of every other month.

Annual Members Meeting

In April, members met at the West Chester Golf & Country Club for the Annual Members Meeting. Grant Nelson, President, opened the meeting. The budget for 2004 was discussed and unanimously accepted. Jason Griggs talked about the Gold Leaf Program, Karen Grim updated us on the Round Table Meetings, and Bob Kappe informed members on the Permit Fee lawsuit. Mayor Dick Yoder talked about fighting drugs & crime in West Chester and introduced the police departments tip hot line. To report suspicious activity anonymously you just call:
1-877-WCBTIPS
The Saddics won the 2nd annual appreciation award and Bob Kappe, Ass’t Treasurer accepted an award for his dedication to the Association.
Our Fall Social will be held in October of 2004. All members should try their best to attend.

Disclaimer: The enclosed information does not represent a legal position by the Association. Please consult your professional for legal advise.


From the Anonymous Landlord:
Don’t let this Snafu happen to you!

Recently, as I stood by the kitchen sink, the telephone rang. Waiting to see caller ID appear.. Oh my..Borough? Do I have anything to fear? “Everything okay?” And what to my surprised ears did I hear? The voice of West Chester Housing Code Inspector asking for an explanation! Unbeknownst to me, after I advertised and rented my single family dwelling to the legal four unrelated adults, my tenant decided the house could accommodate five! To further complicate the matter, my property has a mother-in-law suite. My tenants were advertising my property on the WCU site and by the appearance of the advertisement, my single family dwelling was now two apartments! So my anonymous landlord word to the wise would be: perhaps it would be prudent to occasionally check the University web site and local newspaper to make sure your property is not advertised twice and illegally!

New Addition! The Anonymous Landlord
(This addition was a suggestion from a member. Do you have any suggestions??)
From time to time I hear tales of joy and woe. With all of these stories, where do I go? How about a new column? Too often we share our news, whether good or bad, but would we want to go public? Well, the addition of the Anonymous Landlord column gives us somewhere to go. One of the advantages of a local organization is that we can share local news. Any thought, comments or anonymous stories would be a most welcome addition. Please email or fax them in.
Looking forward to launching the success of this new addition. Of course the cog only turns when the movement is made by you!
Tell us about problems you’ve had anonymously by contacting the WCAHA office via email or fax.
We need articles! Have a story? We learn by our mistakes, give us an article for the Anonymous Landlord so our other members don’t make the same one!
Have a project going on in the Borough? How about an article for Members Making a Difference.
Read an interesting article in another newsletter or magazine? Send it to us!
Help our newsletter get better by helping to provide content. Any suggestions are welcome.

Eviction Schedule
This schedule for the Best Case Scenario If Using the Apartment Association Lease or a Lease That Allows a 5 Day Notice.
Day (1) Rental Payment Due
On
Day (2) For unpaid rent must give a 5 day notice
On
Day (8) File landlord/tenant complaint at District Justice Office
On
Day (15) Scheduled hearing to take place and judgment given. A decision must be given. A decision must be given within 3 days of hearing.
On
Day (26) Writ of Possession can be requested 11th day after judgment. The Writ of Possession must be served within 48 hours.
On
Day (39) The eviction takes place around the 11th day after service of the Writ of Possession

Legislative Items of Interest

Amendment Title 81
(Military Affairs)
By adding that a member of the armed forces of the USA or Pa. National Guard serving full time duty or as a civil reserve technician with a National Guard unit may terminate a rental agreement if he or she meets certain criteria. (PROA sent a letter of support.)

SB100 (R) Jubelirer)
Property Tax Reform
Homeowners Tax Relief Act allows school district to reduce residential property taxes (not commercial) up to max amount permitted by the homestead provision in the Pa. Constitution, established a formula to distribute state property relief funds, allows for electoral participation in tax burden decisions, mandates state reimbursement for NR Phila. Wage tax reduction and describes how Phila must reduce its wage tax. School districts would reduce residential taxes through:
Enactment of a 0.1% increase in EIT and Net Property tax
State funds for tax on gaming and
Enactment of additional EIT for RPTR
The enactment of local personal income tax (PIT) for the purpose of RPTR and replace EIT

SB 92 (Greenleaf)
This bill amend Title 42—by revising the eviction process and shortening the time frames. WE provided compromise language for indigent tenants to the governor to gain his support. Steve Crawford, Secretary of Legislative Affairs circulated a letter to senators asking them not to move on the bill. Does not believe interests of Commonwealth are seved by shortening the eviction appeal process by 11 days etc.

WCAHA has a solicitor– Don Turner

If you have a question pertaining to your landlord/tenant business, we ask you to first call the Association’s office with your question. If the office can not answer your question, they will direct you to Donald Turner, our solicitor. He will give brief legal advice concerning your landlord/tenant problems. If you have a non-related landlord/tenant situation, you will be charged a fee whose amount will be negotiated by the attorney.
This is another benefit of being a WCAHA member!

Keeping yourself safe from the Apartment News

It is a crazy world out there. We are very busy people. These two items put together can be dangerous.
You get a call from a prospective tenant, they sound great and you can’t wait to show them your vacant unit. Maybe you see an ad for a “for sale by owner” and after you call you jump in the car and go over before anyone else can sneak in and grab this great deal. In both situations you are going to be alone with complete strangers. Help protect yourself by following these tips.
Have a plan
Set up an “office procedure” for showing and viewing properties. Always write down whom you are meeting, where, when and when you expect to return. List their phone numbers down, and give this information to someone. Leave it in the same place each time so someone knows where to look if you do not return.
Never carry items of value.
Never put your home phone number on your business card.

If you must, lead them to believe it’s an office.
Leave the front door open when showing.
Ask to see ID before showing a unit.
If a person acts suspiciously let them know that someone else is coming to view the unit right after them.
Don’t park your car in the driveway where it could be blocked in.
Keep your cell phone on 911 and out of sight, such as in a pocket
Realtors lose their lives every year due to lack of safety. Take the steps necessary to protect yourself!