Duane's World of Real Estate
NO CLEAR-CUT RULES FOR RENTAL OCCUPANCY LIMITS
January 15th, 2012 by bobhunt
The issue of occupancy limits and restrictions in rental housing is a continually vexing one. Sometimes what one person thinks is too many is, in the eyes of another, not enough. And sometimes what seems enough to one may seem too much to another. Further compounding matters is the fact that different jurisdictions may employ different standards. Moreover, the standards may be applied differently in different situations.
In 1986 the Los Angeles, California, City Council adopted an ordinance limiting the number of people who could occupy a rental unit. The Los Angeles Times reported that, according to the ordinance, “70 square feet of sleeping space would be required for two persons and another 50 square feet for each additional person. City officials calculate that this formula would permit up to 10 people in a moderate-sized two bedroom apartment.” This formula can be found in section 503(b) of the Uniform Housing Code. Additionally that code requires that a dwelling unit have at least one room that is at least 120 square feet in size. « Read the rest of this entry »
Duane’s Facebook Postings
January 11th, 2012 by Duane
About a month ago I sent you my recent Facebook postings. The response was so great I am doing it again. Enjoy.
If you would like to read them daily, go to www.DuaneGomer.com/DuaneGomerSeminars and press the like button. You will have to be registered with Facebook which will take you just a few minutes.
By the way, if you want to renew a Real Estate License or a Notary Commission or get a Sales or Broker License or MLO Courses, call 800-439-4909 or go to www.DuaneGomer.com. We are ready to help. That is our business.
BUSINESS GIFTS
One gift that has been well received by our clients is a year’s subscription to Sunset Magazine. 12 issues with your name on every issue. We have been receiving copies for years from Terry Yapp, Mission Viejo Realtor, and D.J. and I appreciate them greatly. One strong selling point. The cost is only about $16.00 per year. Well worth it. Other gifts we have used successfully are movie tickets, Danish Kringles, Gas Cards and James Salt Water Taffy.
CONGRATULATIONS LINDSEY
This month Lindsey Virginia Gomer gets her degree from CSUN with a Real Estate Major. She passed her DRE Sales test in June, 2010 and now has all her broker courses done. Since she has a four-year degree she needs no experience and will take her Brokers Test soon. Hopefully, she will follow in the footsteps of her father, David Gomer, also a CSUN Real Estate Major and now a Reverse Mortgage Specialist, and Grandpa Duane, a Real Estate Speaker. Look out world here comes Lindsey. « Read the rest of this entry »
CALIFORNIA LANDLORDS MUST NOW ALLOW
January 7th, 2012 by bobhunt
“Should people lose their right to freedom of expression simply because they rent their property? The answer is no. Any discrimination that prevents freedom of expression, based on whether or not you own property is a denial of rights that belong to all people.” That’s what California State Senator Christine Kehoe said in advocating her bill, Senate Bill 337, during the recent session of the California Legislature. The aim of SB 337 was to prevent landlords from forbidding their tenants to post political signs on the property that they rent.
It is not unreasonable to ask, “Did we need a bill like this? Don’t tenants have first amendment rights just like everyone else? They couldn’t be prohibited from exercising those rights anyway, could they?”
Well… it’s a bit more complicated than one might have thought. It is certainly not a slam-dunk First Amendment argument. In both the Senate and Assembly bill analyses it is noted that the First Amendment prohibits government from abridging the freedom of speech. Thus neither cities, counties, states, nor the federal government may enact laws that would do so. But it is not clear that the First Amendment prohibits private enterprises – such as a homeowner association – or individuals – such as a landlord – from restricting someone’s freedom of expression. That would require additional legislation. « Read the rest of this entry »
Valuable California Real Estate Information from Duane Gomer Seminars
January 2nd, 2012 by Duane
This week I want to “change-it-up.” A friend of mine, Bob Hunt of San Clemente, has been writing outstanding weekly articles for years; some of his outlets have included Realty Times, Orange County Register, plus many Real Estate Associations. He authored a benchmark book on Ethics, “Real Estate the Ethical Way.” I have enjoyed reading his articles and he is a true go-to source for information.
Therefore, I am presenting a few of his articles for your education. Yes, there is a plethora of information here. Attack it slowly.
LEASE OPTIONS ARE BACK: PROCEED CAREFULLY: The title says it all. A major question: “Why should there be a purchase agreement?” Read more.
MORTGAGE LENDERS CAN’T ALWAYS OBTAIN DEFICIENCY JUDGMENTS: This is the best short story explanation of deficiency judgments that you will find. Read it and understand it and make sure your staff reads it. Read more.
RIGHT-TO-RENT LEGISLATION BECOMES LAW IN CALIFORNIA: Can a Homeowner’s Association make a rule that you can’t rent your unit if you have to move. California has a law. Read more.
CALIFORNIA COURT HOLDS THAT MEDIATION PROVISION “MEANS WHAT IT SAYS”: Mediation ain’t arbitration and attorney fees are attorney fees. Appellate court reverses a trial court again. Read more.
LANDLORD MAY BE LIABLE FOR TENANT WHO DOES WORK ON THE PREMISES: Ask the Perez’s of Lodi if you can be held liable as a landlord for someone helping to move a refrigerator. Read more.
LISTING PROTECTION CLAUSE HAS ITS LIMITS: In my classes many students do not understand the “Protection Clause” protecting them after their listings expire. Read more for an interesting case.
CAN A LANDLORD PROHIBIT SMOKING? IT MIGHT DEPEND ON WHAT IS BEING SMOKED…: This is the first paragraph of Bob’s article. Interesting. “Is it legal for a landlord to prohibit tenants from smoking in their units and/or other places on the premises? The answer to this question may well vary from state to state, although Federal considerations will be common to all.” Read more.
NEW REQUIREMENTS FOR LANDLORDS WHO DENY ON THE BASIS OF CREDIT SCORES: Always more requirements for landlords. We are a persecuted minority. Maybe it’s the name. Landlord. I am going to change my lease name from landlord to Compassionate Provider of Housing Needs. Read more.
2011 HOMEBUYER SURVEY CONTAINS VALUABLE INFORMATION FOR AGENTS AND SELLERS
December 29th, 2011 by bobhunt
One of the most useful research projects of the National Association of Realtors® (NAR) is the annual survey of homebuyers and sellers. The most recent version (Profile of Home Buyers and Sellers 2011) became available in November of 2011. The information is based on answers to a questionnaire mailed to 80,099 consumers who purchased a home between July 2010 and June 2011. (Names and addresses were provided by Experian, a company that maintains an extensive database of recent homebuyers that is derived from county records.) There was a 7.3 percent response rate.
In 2011, first-time homebuyers constituted only 37 percent of the market. That is the lowest portion since 2006. In the past two years the proportion was 47 percent and 50 percent respectively. There is little doubt that the drop is primarily explained by the cessation of government tax policies that were designed to stimulate home sales. Also, even though mortgage rates have remained extremely low, the continuing tightening of lending standards has probably played a role.
« Read the rest of this entry »
REAL ESTATE REGULATIONS UPDATE
December 27th, 2011 by bobhunt
MARS
A headline from the Federal Trade Commission on 7/15/2011:
“FTC Will Not Enforce Provisions of MARS Rule Against Real Estate Professionals Helping Consumers Obtain Short Sales.
The Federal Trade Commission today issued a statement announcing that it will forbear from enforcing most provisions of its Mortgage Assistance Relief Services (MARS) Rule against real estate brokers and their agents who assist financially distressed consumers in obtaining short sales from their lenders or servicers. As a result of the stay on enforcement, these real estate professionals will not have to make several disclosures required by the Rule that, in the context of assisting with short sales, could be misleading or confuse consumers.
« Read the rest of this entry »
NAR ADDRESSES ERRORS IN HOME SALE STATISTICS
December 25th, 2011 by bobhunt
“The National Association of Realtors® Existing-Home Sales Series is the premier measurement of the residential real estate market.” This statement (still) appears in the research section of the NAR web site. Given events of the past week, a more modest self-evaluation might be in order.
On December 21, 2011 NAR released two documents that address some significant problems with its home sale statistics. One is a PowerPoint presentation titled, “Re-benchmarking of Existing Home Sales”. Despite the somewhat imposing title, it provides a brief and understandable overview of the issue. The other, “Description of Methodology to Benchmark Existing Home Sales, 2011”, is a considerably more detailed description of NAR’s data gathering and estimating procedures. It is not for the faint of heart. Both are available on the NAR web site.
« Read the rest of this entry »
MORE ON MLO RENEWALS
December 13th, 2011 by Duane
TO PREVIOUS READERS
Every day I post short articles on my Facebook Fan Page at www.Facebook/DuaneGomerSeminars. For this newsletter I have included postings from the last two weeks. I hope they are of benefit and interest to you. Want to read my future posts? Sign up for Facebook (get a profile page) then go to my fan page above and “like” me. If you are not computer literate and I am really a non-techie, get a 10 year friend to help you out.
« Read the rest of this entry »
FIRPTA RULES CAN CAUSE TRANSACTION GLITCHES
December 11th, 2011 by bobhunt
These days, with identity theft stories almost a daily occurrence in the news media, people tend to be a lot more careful about giving out identification information such as social security numbers. Heightened concern about such matters has been the cause of more than a few glitches in real estate transactions. This is because of the requirements of the Foreign Investment in Real Property Tax Act, fondly known to those in the real estate business as FIRPTA.
« Read the rest of this entry »
Mortgage Loan Originators
December 8th, 2011 by Duane
MLO’rs
The end is near, and now we face the final curtain. The first, the original, the one and only MLO Continuing Education Course Schedule ends 12/31/11. However, you have to allow at least seven days for your hours to be banked with NMLS by the “Course Provider.”
« Read the rest of this entry »