NAA: Working For You In Washington D.C.Looking at the inside of NAA's State & Local Policy Department The National Apartment Association (NAA NAA Nomina Anatomica Avium. ) State and Local Policy Department, in cooperation with local affiliates, monitors and reports on state- and municipal-level legislative and regulatory activity. The NAA staff prepares research projects for affiliate and member inquiries on state and local government issues. In addition, the department acts as a clearinghouse for statistics and information from federal agencies, the real estate industry, and NAA affiliates through the collection of journals and press releases, as well as the use of on-line services. Barbara Vassallo, NAA's director of State and Local Policy, and policy analyst Estee LaClare work with local affiliates to gather information on policy issues affecting the multifamily housing industry. NAA encourages all affiliates to become involved in their state and local governments. The following are excerpts from the NAA State and Local Policy Update. This monthly publication monitors state- and local-level pending or implemented activities and the latest legislative issues. This update helps affiliates and members identify emerging trends in legislation, regulation, and other activities that affect the multifamily housing industry. NAA's State and Local Policy Department gathers this information from state and local affiliate newsletters, websites, and national news sources. To receive a copy of the State and Local Policy Update, please contact Estee LaClare at 703/518-6141 or estee@naahq.com. Fair Housing In United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. v. Page Properties, Inc., the U.S. Court of Appeals for the Eighth Circuit found that district courts have discretion in deciding whether to impose civil penalties in fair housing cases. The plaintiffs in a housing discrimination case had appealed the district court's decision not to impose civil penalties when an owner was found to have followed a pattern of discrimination based on race and familial familial /fa·mil·i·al/ (fah-mil´e-il) occurring in more members of a family than would be expected by chance. fa·mil·ial adj. status. The appeals court upheld the original ruling noting that the legislative history indicates that civil penalties, "are not automatic in every case," and that courts have discretion to consider the severity of the violation, culpability culpability (See: culpable) , history of other violations and the financial ability of the defendant to pay in awarding such penalties. (No. 98-2489, WL 454455, July 6, 1999). Status: Decided In Ohio Civil Rights Commission v. Harlett, an Ohio court affirmed af·firm v. af·firmed, af·firm·ing, af·firms v.tr. 1. To declare positively or firmly; maintain to be true. 2. To support or uphold the validity of; confirm. v.intr. a lower court's ruling that an owner did not violate state law regarding fair housing by placing an ad seeking "mature adults" to rent an apartment. The court found that the owner's ad was not discriminatory because it was ambiguous and did not show evidence that the owner intended to discriminate. Status: Affirmed Dane County, Wisconsin's Board Supervisors considered an amendment to the county's fair housing ordinance A law, statute, or regulation enacted by a Municipal Corporation. An ordinance is a law passed by a municipal government. A municipality, such as a city, town, village, or borough, is a political subdivision of a state within which a municipal corporation has been to include "people who receive rental assistance," to the list of conditions that are protected against discrimination from property owners. This proposal would have forced property owners to consider and possibly accept Section 8 vouchers or deny these applicants residence based on another reason. Status: Failed. Inspections/Habitability A California state appeals court found that the mandatory fees the city of Los Angeles
Platteville enacted an inspection ordinance that divided rental property into three classifications. In addition to inspecting these properties for health and safety regulations, which required search warrants if residents refused the inspection, the city's inspectors were also searching for occupancy-limit violations. A number of property owners sued the city for violating the Fourth Amendment's "probable cause Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a Cause of Action has accrued, justifying a civil lawsuit. " provision. The 7th Circuit Court of Appeals found that local law authorizes the inspections for occupancy limits, however, the search warrant must specifically authorize To empower another with the legal right to perform an action. The Constitution authorizes Congress to regulate interstate commerce. authorize v. to officially empower someone to act. (See: authority) these inspections. The court did not find the citys' inspection ordinance to be unconstitutional unconstitutional adj. referring to a statute, governmental conduct, court decision or private contract (such as a covenant which purports to limit transfer of real property only to Caucasians) which violate one or more provisions of the U. S. Constitution. and affirmed the citys' position. National Apartment Association General Counsel, John McDermott John McDermott may refer to:
Taxes/Fees Arizona SB 1220 states that nonprofit A corporation or an association that conducts business for the benefit of the general public without shareholders and without a profit motive. Nonprofits are also called not-for-profit corporations. Nonprofit corporations are created according to state law. charitable organizations This article is about charitable organizations. For other uses of the word charity, see Charity. A charitable organization (also known as a charity) is an organization with charitable purposes only. (501)(c)(3) that provide federally subsidized sub·si·dize tr.v. sub·si·dized, sub·si·diz·ing, sub·si·diz·es 1. To assist or support with a subsidy. 2. To secure the assistance of by granting a subsidy. low-income rental homing for seniors are exempt from sales tax sales tax, levy on the sale of goods or services, generally calculated as a percentage of the selling price, and sometimes called a purchase tax. It is usually collected in the form of an extra charge by the retailer, who remits the tax to the government. on purchases, prime contracting tax for building facilities, and we tax on tangible personal property. The exemption applies only if the item or facility is used by the organization to provide federally subsidized low-income rental homing for seniors over age 62. Status. Effective 06/30/01 North Carolina's Wake County property tax values have increased by 43 percent since 1992. Property owners will now begin receiving notices in the mail from the county revenue department informing them how much the tax values on their homes and real estate have increased. The county has recently gone through a revaluation Revaluation A calculated adjustment to a country's official exchange rate relative to a chosen baseline. The baseline can be anything from wage rates to the price of gold to a foreign currency. In a fixed exchange rate regime, only a decision by a country's government (i.e. that occurs every eight years to bring tax values in line with the market. The county's property tax base has increased by 28 percent, from $44.2 billion to $56.4 billion. Status: Effective The Dallas City Council enacted an increase in the property tax rate, to offset the loss of revenue from the elimination of the city's automobile tax. The current property tax rate is 64.91 cents per $100 of property value. The most recent proposed property tax rate increase is 66.75 cents per $100 of value on all commercial, personal and residential property. Status: Effective Zoning/Development In Heritage Building Group Inc. v. Bedminster Township Bedminster Township may refer to:
The Washington Court of Appeals recently tried a case involving the Pacific Legal Foundation's Northwest Center and a local government who tried to force a property owner to pay for public improvements before they would issue the owner a land development permit. The court ruled in favor of the property owner and found that "the city failed to show either an essential connection or a rough proportionality between the impact of the subdivision and the need for the street improvements." The city lawyers have recently appealed to the Washington Supreme Court The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington. The Court is composed of a Chief Justice and eight Justices. Members of the Court are elected to six-year terms. Justices must retire at the age of 75. . Status: Pending Issues to Watch Environmental A new recycling project is being sponsored in Wisconsin by the Enviro-Partners for Dane County Businesses, which is a consortium of public and private organizations dedicated to improving environmental business practices. Property owners and residents of the city of Madison will "initially be targeted for a pilot program that aims to make residents more aware of waste reduction and recycling options." The project goes into effect in December and efforts will be increased during mid-December, mid-May, and mid-August, to heighten height·en v. height·ened, height·en·ing, height·ens v.tr. 1. To raise or increase the quantity or degree of; intensify. 2. To make high or higher; raise. v.intr. the awareness and participation in this recycling campaign. Status: Effective 12/01/99 A new trash and recycling ordinance enacted in Portland, Oregon makes it the property owner's responsibility to ensure that residents are complying with the recycling standards. For example, the property owners will be fined if their residents refuse to use the city's "official trash bags." Status: Effective Secondhand Smoke sec·ond·hand smoke n. Cigarette, cigar, or pipe smoke that is inhaled unintentionally by nonsmokers and may be injurious to their health if inhaled regularly over a long period. Also called passive smoke. A Salt Lake City, Utah For ships of the United States Navy of the same name, see . Salt Lake City is the capital and the most populous city of the U.S. state of Utah. The name of the city is often shortened to Salt Lake, or its initials, S.L.C. couple filed a lawsuit against their downstairs' neighbor seeking to bar him from smoking in his own unit. The couple claims that the smoke enters their unit and, even after using air filters, the problem makes living in the unit "unbearable." This is the first known case to challenge a person's right to smoke in his or her own home. Status: Pending Signage Recently, Columbus, Ohio Columbus is the capital and the largest city of the American state of Ohio. Named for explorer Christopher Columbus, the city was founded in 1812 at the confluence of the Scioto and Olentangy rivers, and assumed the functions of state capital in 1816. has begun to increase its emphasis on graphics enforcement. A letter distributed by Columbus' Code Enforcement Code Enforcement is the act of enforcing a set of s, principles, or laws (especially written ones) and insuring observance of a system of norms or customs. An authority usually enforces a civil code, a set of rules, or a body of laws and compel those subject to their authority to Officer stated that, "all graphics are subject to graphic and zoning code requirements." Status. Effective Forbidden usage and placement of signs under the city of Phoenix's sign ordinance is now pending. The increasing amount of complaints about signs in right-of-ways, which are prohibited under the present ordinance, have given rise to these stricter enforcements. Status: Pending Tree Conservation/Preservation Georgia legislation, HB 557, would create a state tree-protection law and outline its standards and applicability. This legislation would stipulate stip·u·late 1 v. stip·u·lat·ed, stip·u·lat·ing, stip·u·lates v.tr. 1. a. To lay down as a condition of an agreement; require by contract. b. that no permit for development or redevelopment activity can be granted, unless the activity will meet the minimum standards of the state tree-protection law. It would establish a method for citizen suits against the county to ensure that the tree-protection law is properly implemented. Status: Pending South Carolina's York County York County may refer to one of several counties:
Units welcome your comments on this article. Please email units@naahq.com; fax to 703/518-6191; or write Units, 201 N. Union St., #200, Alexandria, VA 22314. Estee LaClare is Policy Analyst in the State & Local Government department at the National Apartment Association. |
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