32B — February 10 - 23, 2012 — Property Management — Mid Atlantic Real Estate Journal
www.marejournal.com
P ROPERTY M ANAGEMENT
Consisting of more than 450 members BOMA New Jersey elects new Board Of Directors
By Ronald Glazer, Esq., Kaplin Stewart Keeping property managers out of court
Litigation is expensive. What issues result in law- suits against managers and
violation involved steering families with children away from second floor apart- ments (even though a child previously fell from a second floor balcony). One case held that prohibiting non-toilet trained children in the pool violated the Act. It was okay to require non-toilet trained “persons” to wear waterproof swimwear. A serious exposure un- known to most managers is referred to as the “hostile housing environment doc- trine.” Inaction by the man- ager can result in liability. Fellow tenants may engage in harassment and abusive behavior based on discrimi- nation against a tenant. Permitting such behavior to continue can result in man- agement liability. An owner can incur liabil- ity for the acts of managers and employees, even if the actions were not authorized. A 2004 Pennsylvania case held a landlord liable be- cause the manager refused to renew a lease because of ra- cial discrimination. The U.S. Supreme Court ruled that an owner can be liable for puni- tive damages for a manager’s violation, even without proof that the owner even knew of the discriminatory acts. The owner of a property has a duty to take action to con- trol the criminal activity of third persons which threaten persons on the property if the owner has reasonable cause to anticipate such acts. If the landlord knows that the property is being used by vio- lent drug dealers to conduct criminal activity, there may be a duty to act. If the owner knows that the lack of light- ing in the parking garage has contributed to muggings, there may be a duty to act to prevent injury. Finally, keeping good re- cords will not prevent claims, but may prevent liability. Re- cord responses to issues and complaints and establish a pattern of good behavior. Ronald B. Glazer, Es- quire is counsel to the firm and a member of the Real Estate, Business & Finance Department of Kaplin Stewart. ■
T
he Building Owners and Managers Asso- ciation of New Jersey
SMA, Federal business Cen- ters. The Allied Service Part- ner Representative is Allison Berg of Cooper Pest Solutions and Immediate Past President is Lisa Kochan of Grubb & Ellis. When asked why he was active in BOMA and so en- thusiastic about becoming President, Mr. DeBiasse said: “It would be hard to overstate the value of my BOMA mem- bership. BOMA has assisted me to build and establish relationships with Owners, Managers, clients and ser- vice providers which in turn helped me expand my net- work and knowledge of the property and facility manage- ment industry. It is because of my BOMA relationships that I have learned to utilize
the most important skill you have in the real estate indus- try: Listen to your custom- ers, they will communicate to you what their needs are so you can respond to their requests. Founded in 1984, BOMA- NJ consists of more than 450 members representing the leading building owners, managers, developers, asset managers, leasing profes- sionals, corporate facility managers and providers of products and services for com- mercial properties. BOMANJ holds monthly information exchanges and additionally provides continuing educa- tion courses. For more information see our web site. ■
howcan they be avoided? All property ma n a g e r s should be- ware that u n l a w f u l e v i c t i o n s and use of “se l f -he lp”
(BOMA-NJ) held its annual meeting on January 25, 2012 at The Newark Club in New- ark, New Jersey. At the meet- ing principal BOMAMembers voted in the new slate of of- ficers for 2012. Ron DeBiasse, Lone Eagle Management as President; vice president is Robin Juron, Bergman Real Estate Group, David Cali, RPA as secretary, and Harold Campbell, RPA, SMA of Cassidy Turley as Treasurer. The Directors in- clude Michael Donohue, RPA, Mountain Development Corp., Erika Morasco, Grubb & Ellis, Deborah Sparks, RPA, Wells Real Estate, John Spencer, CBRE, and Bill Toland RPA, I once heard a variation ofAn old Ben Franklin saying that has always stuck with me. “A penny saved is a penny earned, tax free” It makes all kinds of sense, or cents, depending on your point of view, assuming that the tax is already paid on your capital. In that case, a penny saved Is worth about a cent and One fourth to a cent and a Half. Oddly, however, many People don’t realize that it’s Easier to save money than to make money. At the AWWA exhibition in Las Vegas last June, I met With the manufacturer Milt Westrich, president of BR In- dustries in Orange, NJ. Westrich told me that his company manufacturers what are called The Muscle Meters ® , “The are Stronger They Last Longer” Westrich said that many people think that all Water Meters are the same, this is not true. Westrich said That his companies Single- Jet are really the first line of insurance in protecting his customers large boilers as they accurately measure and protect the customers boiler by indicating the amount of water going to the boiler and reporting this to the superin- tendent of the building and also sending this information to the computer installed by the energy management com- pany that has installed it. IF any water is going to
Ronald Glazer
remedies such as chang- ing the locks or cutting off utilities can result in man- ager liability. Take tenant objections and complaints seriously. Look for possible discrimination claims and reports of faulty conditions that can lead to injury suits for negligent maintenance. In residential property management, Fair Housing Act (the “Act”) violations are the basis of the majority of lawsuits (often not covered by insurance). Your staff must know the “buzzwords” and how to react to them. A request for “reasonable ac- commodations” may require a change or exception to rules and services, such as a dog for physical and emo- tional support, a reserved parking space or shoveling snow in certain areas sooner and more often. Many cases involve objections to second hand smoke from an apart- ment adjacent, above or below. Smoking in one’s own home can, and may have to be, prohibited. A request for “reasonable modifications” involves permitting physical changes at the cost of the oc- cupant, such as permitting the tenant to install a ramp or an outside lift. Straightforward discrimi- nation based on a prohib- ited classification such as race, religion or national origin is easy to understand and avoid. However, many discrimination claims and cases shock managers and owners. There must be super sensitivity to avoid liability. Discrimination on the basis of familial status prohib- its discrimination against families with children. It has been held that prohibiting children running in a build- ing and leaving bikes outside of apartments constitute discrimination against fami- lies with children. Another
BR Water Meters always protect the boiler
the boiler is indicated this raises a red flag and can save
thousands of dollars and the boiler. ■
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