New laws for the state of Texas include
- Lease Termination - Lease termination rights for sexual assault survivors.
- Smoke Detectors - Rental owner must provide a visual smoke detector requested for some one who is hearing impaired.
- Lease Guarantors - a lease guarantor’s obligation may only continue beyond the initial lease term if the guarantor has signed an agreement that states the last date on which a renewal can be entered into and for which the guarantor would be obligated.
- Utility Disconnections - Utilities may only disconnected by the property owner in certain cases.
- Code Citations - This bill amends the statute that prohibits an employee from being cited for a code violation.
- Equitable Appraisals - Requests appraisal districts to use property specific information provided by the owner in valuing the property.
- Comptroller Oversight - State the comptroller’s property value study from an annual sales ratio study to a biennial one.
- Administrative Hearings -This legislation establishes a pilot program in Bexar, Cameron, El Paso, Harris, Tarrant and Travis counties to allow commercial property owners with property valued at more than $1 million the option of appealing ARB decisions.
- JP Jurisdiction to Order Repairs -Allows JPs to order repairs.
- Franchise Tax - Increases the small business exemption to $1 million for the next two years.
Houston ordinance requires registration of
properties by January 31
Houston’s new property
inspection ordinance requires all Houston properties with three or more units to
register with the City of Houston by January 31. The good news? It’s free of
charge, it’s all online at http://www.houstonmultifamily.org/
and it’s not that difficult once you have the information that’s required.
Here’s what you need before you start:
Certificates
of Occupancy (CO’s) – You need ALL the certificates of occupancy for each
property. Every building has one, and it’s supposed to be posted in the
management office. If your property has eight buildings, you’ll need eight CO’s
so you can enter the numbers when you register. If your property has current
CO’s (life safety inspections were completed back in the 1990’s, etc.), but
they’re missing, you can purchase replacements by calling the Occupancy
Inspection Section at (713) 535-7730.
HCAD Account Number – Each property has an account number
with the Harris County Appraisal District. Get it by going to www.hcad.org and searching for your property by street address in the “Real
Property Search” section under “Record Search.”
Unit Mix –
You need to know the number of units of each bedroom type in each
building.
Fire Hydrants – You need to know the total number of fire
hydrants on your property.
Swimming
Pools – Know the number of pools, if any.
Occupancy –
Know the current occupancy percentage of the property.
Date opened – Know the date, or at least the year, the
property opened for business.
Pay phones –
Know the number of pay telephones, if any, on the property.
Contact information for owner, management company and
manager: You do NOT need to enter home addresses or telephone
numbers.
Make sure
you’ve entered this information online by the end of January, and make sure you
print and post a copy of your registration in the property’s leasing
office.
- If you have
problems with registration, contact the City of Houston
at713-535-7900.If you have any trouble with registration, please let the
City know and copy us at govaffairs@haaonline.org.
- New Houston Property
Directory Requirement – This isn’t
required until January 1, 2011, but Houston properties will be required to have
a property directory at every vehicular entrance (you should already have one at
your “principle entrance”). Put it within 8 feet of your driveway, where
ambulance drivers and pizza delivery guys can see it.
Ban on Attention Getting Devices in
Houston – The Houston City Council passed an ordinance in 2008 which
bans several types of “attention getting devices,” including: balloons,
streamers, giant inflatables. Check
here for exceptions and more information about
this law.
Utility Disconnections – Under a law passed earlier
this year, starting January 1, 2010, utilities
can only be disconnected for “bona fide repairs, construction or emergencies.”
This has long been the case for water, but will now apply to electricity as
well, so disconnecting electricity for non-payment in a mastermetered property
will no longer be allowed.
Visual Smoke Detectors – Under another new
law, an apartment owner must provide a visual
smoke detector at the owner’s expense for a hearing-impaired resident.
Lease Termination for Sexual Assault –
This
law creates lease termination rights for certain
crime victims if an assault occurred within the previous 6 months at the
property and specific documentation is provided.
Lease
Guarantors – The new TAA lease will reflect this, but another new state
law prevents lease guarantors from being
obligated beyond the initial lease term under certain circumstances.
Make it your New Year’s Resolution to incorporate
these new requirements into your business plan for 2010. As always, if you are
a member of the Houston Apartment Association and have any government related
questions, please contact HAA at govaffairs@haaonline.org.