Title: Keeping Illegal Activity Out of Rental Property: A Police Guide for
Establishing Landlord Training Programs.
Series: monograph
Author: John H. Campbell
Published: March 2000
Subject: Community Policing, Crime Prevention, Law Enforcement--general
155 pages
327,000 bytes

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To view this document in its entirety, download the Adobe Acrobat graphic file
available from this Web site or order a print copy from BJA at 800-688-4252.

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U.S. Department of Justice
Office of Justice Programs
810 Seventh Street NW.
Washington, DC 20531

Janet Reno
Attorney General

Daniel Marcus
Acting Associate Attorney General

Mary Lou Leary
Acting Assistant Attorney General

Nancy E. Gist
Director, Bureau of Justice Assistance

Office of Justice Programs
World Wide Web Home Page
www.ojp.usdoj.gov

Bureau of Justice Assistance
World Wide Web Home Page
www.ojp.usdoj.gov/BJA

For grant and funding information contact
U.S. Department of Justice Response Center
1-800-421-6770

----------------------------

This document was prepared by Campbell DeLong Resources, Inc., under
cooperative agreement number 94-DD-CX-K014, awarded by the Bureau of
Justice Assistance, Office of Justice Programs, U.S. Department of Justice. The
document text is copyrighted 1993-1999, by Campbell DeLong Resources,
Inc. (www.cdri.com). Portions of this document were originally written and
distributed by Campbell DeLong Resources, Inc., under the titles
Program/Instructor's Guidebook, 1993, and Landlord Training Program,
National Program Manual, 1993, both of which were also made possible
by funding from the Bureau of Justice Assistance. The opinions, findings, and
conclusions or recommendations expressed in this document are those of the
authors and do not necessarily represent the official position or policies of the
U.S. Department of Justice.

----------------------------

The Bureau of Justice Assistance is a component of the Office of Justice
Programs, which also includes the Bureau of Justice Statistics, the National
Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention,
and the Office for Victims of Crime.

----------------------------

NCJ 148656

March 2000

----------------------------

Acknowledgments

The Bureau of Justice Assistance (BJA) would like to acknowledge and thank
the author of this monograph, John H. Campbell, Campbell DeLong
Resources, Inc., Portland, Oregon, who designed and developed the first
Landlord Training Program.

Four other individuals were critical to the success of the Portland Landlord
Training Program: Tom Potter, previously of the Portland Police Bureau;
Sharon McCormack of Portland's Neighborhood Crime Prevention Program;
Margaret Shelko of BJA; and Ron Trethric, formerly of BJA. 

Many landlords, property management companies, owners associations, tenant
attorneys, landlord attorneys, and citizen activists also contributed their opinions
and recommendations to the Portland program. While development of the
training was supported by many persons, three Oregonians in particular
provided hours of expert advice on applied landlord/tenant law: Sharon
Fleming-Barrett of Executive Property Management and the Oregon Apartment
Association, Emily Cedarleaf of the Multi-Family Housing Council of Oregon,
and Multnomah County Judge Michael Marcus, formerly of Multnomah County
Legal Aid Services.

In addition to the work done in Portland, adaptation, refinements, and new
ideas have been developed in many other jurisdictions as well. BJA would like
to thank the many people who worked with these new programs and
particularly wishes to acknowledge the work of Martin Collins and Karin A.
Long of the Department of Building Inspection, Milwaukee, Wisconsin; James
Hobbs, Carla Johnson, Paul Hallums, and Don Loebbaka of the Tucson,
Arizona, Police Department; Daphne Markham of the Oakland, California,
Police Department; and Sam Wade of the Beaverton, Oregon, Police
Department. The innovative adaptation of the Landlord Training Program by
these people and many others has provided critical testing of the program and
introduced many new and effective ideas for both improving and tailoring the
impact of the original program.

----------------------------

Contents

Executive Summary 

Section I: Program Description 

Chapter 1: Introduction 

o The Community Policing Connection

o The Genesis of the Landlord Training Program

o Core Program Overview 

o Results Summary 

Chapter 2: Getting Started 

o Elements of Success

o First Decisions 

o Key Personnel

o Building and Maintaining Trainer Expertise 

o Developing a Local Manual 

o Designing the Training 

o Marketing

Chapter 3: Related Problem-Solving Tools 

o "Landlord Compacts"

o Milwaukee's Partnership With Lenders

o "Three-Phase" Certification Programs 

o Coordination With Civil Enforcement Strategies 

o Training Officers 

Notes 

Section II: National Landlord Training Program Participant's Manual 

Acknowledgments 

Contents

Foreword

Points To Consider

Preparing the Property

Applicant Screening

Rental Agreements

Good Ongoing Management

Apartment Watch/Promoting Community

Warning Signs of Drug Activity

What To Do If You Discover a Clandestine Lab

Crisis Resolution

The Role of the Police

The Section 8 Program

Resources

Appendixes

Appendix A: Sources for Further Information

Appendix B: Sample Letter for Manual Draft Review

Appendix C: Sample Police Chief's Letter

Appendix D: Sample Information Page

Appendix E: Sample Schedule Page

Appendix F: Sample Registration Page

Appendix G: Sample Confirmation Letter

Appendix H: Sample Certificate of Completion

Appendix I: Sample Landlord Training Program Posttraining Questionnaire

Appendix J: Sample 6-Month Followup Evaluation

----------------------------

Executive Summary

The Landlord Training Program emphasizes cooperation among property
owners, tenants, and law enforcement agencies to help neighborhoods fight
drug-related crime. Supported and praised by often opposing groups, the
program delivers two important messages: that effective property management
can significantly benefit the health of a community and that accessible, legitimate
techniques can stop the spread of drug activity on rental property.

Establishment of Landlord Training Programs will require a commitment to
substantive problem solving and to building and sustaining effective community
partnerships. Relying as it does on these concepts of community
policing--especially the encouragement of community-based problem solving as
a goal the Landlord Training Program can be part of a strong, proactive
community policing effort.

This monograph, Keeping Illegal Activity Out of Rental Property: A Police
Guide for Establishing Landlord Training Programs, was developed to help
police agencies implement Landlord Training Programs in their communities.
The monograph contains two distinct sections:

Section I provides a program overview for law enforcement personnel. Section
I is written for law enforcement personnel who wish to understand the history of
the Landlord Training Program and gain perspective on what it takes to
implement a program for an individual jurisdiction.

Section II reproduces the national version of the Landlord Training Program
Manual. This is the manual that landlords receive at the training. It is provided in
this monograph for law enforcement because it is the best way to show directly
the content, scope, and paradigm of the Landlord Training Program.

----------------------------

Section I: Program Description

Chapter 1: Introduction

The Community Policing Connection

The Landlord Training Program emphasizes cooperation among property
owners, tenants, and law enforcement agencies to help neighborhoods fight
drug-related crime. Enthusiastically supported and praised by often opposing
groups, the program delivers two important messages: that effective property
management can significantly benefit the health of a community and that
accessible, legitimate techniques can stop the spread of drug activity on rental
property.

Establishment of Landlord Training Programs will require a commitment to
substantive problem solving and to building and sustaining effective community
partnerships. Relying as it does on these concepts of community policing--
especially the encouragement of community-based problem solving as a goal--
the Landlord Training Program can be part of a strong, proactive community
policing effort.

This monograph, Keeping Illegal Activity Out of Rental Property: A Police
Guide for Establishing Landlord Training Programs, was developed to help
police agencies implement Landlord Training Programs in their communities.

The Genesis of the Landlord Training Program

The Landlord Training Program began, originally, with a group of frustrated
citizens who were organizing to move drug dealers out of their neighborhood.
These neighbors--many of whom were renters themselves--began to focus on
two important facts:

o The traditional policing approach of waiting for enough evidence to serve a
search warrant often results in a solution that comes too late to preserve
community livability. Most communities can handle some short-term drug
activity without suffering substantial harm to the neighborhood's livability. But
when drug operations are allowed to continue unabated for months, or even
years, the harm to the community becomes extreme. In many instances, by the
time the drug dealers are removed, many good citizens have already left the
neighborhood, property values have declined, other good citizens have chosen
not to move into the area, and those left behind face life in a neighborhood that
is now much more vulnerable to crime. In a community-oriented context, search
warrants must be seen as just one of many tools available to address drug
problems, not as the only available tool. If a warrant cannot be served quickly
enough to prevent major harm to a community, other (often civil) solutions
should be pursued.

o Most landlords are not skilled in the prevention of illegal activity on rental
property but are willing to learn. Community organizers noticed that, despite the
commonly held image that all landlords with problem tenants are irresponsible
citizens, most landlords when contacted wanted to help but needed better
information about how to approach the problem.[*] Clearly, there was an
untapped resource in rental property owners. From the civil side of the law,
landlords are the first line of defense when a tenant's lease-violating behavior
threatens neighborhood livability. As such, landlords who understand the scope
of their ability to prevent illegal activity can be a valuable resource. Because
most drug activity (growing, manufacturing, and distributing drugs) takes place
on rental property, the concept of the Landlord Training Program was born.

The content of the program was developed through a process of intensive
research involving hundreds of organizations and individuals, including
landlords, management associations, tenant advocates, private attorneys, public
defenders, personnel from public housing agencies, tenant screening companies,
and narcotics detectives.

Funding for the program was provided through several Bureau of Justice
Assistance (BJA) grants, as well as in-kind support from the city of Portland,
Oregon. The program was designed and developed by John Campbell--now of
Campbell DeLong Resources, Inc.--the citizen organizer who first recognized
the potential of such an approach. The first training program was conducted in
Portland in November 1989, with 94 landlords participating. By the fall of
1995, over 7,000 landlords and property managers had attended Portland's
program, representing well over 100,000 rental units. The Portland program
was the first of its kind in the nation and has received recognition as an
"innovation in state and local government" from the Kennedy School of
Government at Harvard University.

Although the story begins in Portland, it does not end there. Since the success
of the first training session in 1989, jurisdictions in many states have adapted the
program to their own communities, often adding valuable innovations. States
where versions of the program have been developed include Arizona,
California, Colorado, Illinois, Indiana, Kansas, Maine, Maryland,
Massachusetts, Minnesota, Missouri, Nevada, New Mexico, New York,
North Carolina, Ohio, Oregon, Texas, Utah, Virginia, Washington, and
Wisconsin. 

Among other notable locations, Milwaukee, Wisconsin, has received national
recognition for its adaptation of the program. In addition, many Arizona cities
are now offering a three-phase version of the program. Targeted primarily to
multifamily properties, the Arizona model combines a landlord training program
with a separate onsite Crime Prevention Through Environmental Design
(CPTED) property review and an apartment watch orientation for tenants.

The program and its national variations have evolved over the past 10 years to
reflect the experiences and comments of those who have participated in the
program. However, although the program has evolved substantially since it
began, in most jurisdictions it remains true to its community-oriented roots;
although the targeted audience is owners and managers of rental property, the
purpose of the program is to serve the communities in which their properties are
located. 

The purpose of this monograph is to review the elements of the core Landlord
Training Program as well as some of the more effective innovations that have
been developed by other jurisdictions. The intent of this review is to give police
an overview of potential approaches and an understanding of the scope of
work involved.

----------------------------

* To be sure, irresponsible landlords do exist and often take up a
disproportionate amount of police resources as a result of behavior that runs the
gamut from the merely irresponsible to the criminal. However, most landlords
who have problems with illegal activity on their property don't fit this
category that is, they would prefer to act more responsibly and will change
their approach if trained.

----------------------------

Core Program Overview

The Landlord Training Program teaches rental owners and managers how to
keep drug activity off their property. The program was developed with input
from people on all sides of the issue--not only landlords and property
management associations, but legal aid attorneys, tenant advocates, public
housing agency personnel, police officers, and many others.

The Landlord Training Program delivers two important messages: (1) effective
property management can have a major impact on the health of a community
and (2) there are simple, legal, and fair techniques that can be used to stop the
spread of drug activity on rental property. The program does not teach
landlords how to be "junior narcotics agents" or to do police work. It
emphasizes their responsibility as landlords to work with police and neighbors
to keep drug and other illegal activity out of their rental properties. The course
content includes:

o Orientation. The role of the landlord in keeping neighborhoods healthy and
what it takes to build and maintain healthy communities.

o Preparing the Property. How the concept of CPTED can best be used to
prevent illegal activity on rental property.

o Applicant Screening. How to screen out dishonest applicants, while ensuring
that honest applicants are encouraged to apply for housing. Identifying warning
signs of dishonest applicants.

o Rental Agreements. Approaches that will strengthen the landlord's ability to
evict drug dealing tenants.

o Ongoing Management. How to manage property in a way that discourages
illegal behavior and ensures early warning should such behavior occur.

o Community Building. How to strengthen the sense of community in
multifamily housing and the benefits for managers and residents in doing so.
Discussion of apartment watch and how to work with neighbors.

o Warning Signs of Drug Activity. The drugs involved and the behavior
associated with growing, dealing, and distributing drugs. The indicators of
clandestine labs.

o Crisis Resolution. The options, the process, and the practical application in
various situations where illegal activity is apparent.

o Working With the Police. What to expect, what not to expect, and how to
get maximum cooperation.

o Section 8 (Subsidized Housing). The Section 8 housing subsidy program,
including the rights and responsibilities of both landlords and tenants.
Differences in rights and responsibilities between the typical private rental
situation and the Section 8 program. 

The training's impact is a function of the quality of information presented and
the number of landlords and property managers who attend training sessions.
To bring about a fundamental shift in approaches to property management, a
significant number of the landlords in a community must take the course. That is
why an integral part of the program is the "marketing" of it--the techniques used
to make sure that landlords attend the program. The core program, therefore,
has three basic elements, described below.

1. The training manual.

The manual follows the course information and is designed to be a "plain
English" reference source. In addition to covering course content, manuals
adapted to local jurisdictions typically include copies of applicable laws and
references to support organizations. Evaluations of the original manual,
developed for Portland, validate its effectiveness: trainees have consistently
rated the manual a highly readable source of valuable information. A complete
copy of the manual, adapted for national distribution and called the National
Program Manual, is presented in the second part of this monograph.

2. Marketing/outreach. 

Marketing is critical to the success of the program, because the benefit to the
community increases as more landlords are trained. Although media exposure,
word-of-mouth, and contact with property management companies are all
important, it is also important to make direct contact with owners of impacted
rental property.

Agencies that have used a letter of invitation sent directly by the chief of police
have had considerable success in encouraging landlords to attend the training
program. Using such an approach, more than 8,000 landlords representing
more than 110,000 rental units attended the Portland training between 1989
and 1999. Results in other jurisdictions have varied and appear to depend on
both the level of commitment to comprehensive marketing and the quality of the
training product delivered. In communities where strong training is conducted
and the commitment to marketing is high, attendance results are comparable to
those experienced in Portland. Additional discussion of marketing approaches
can be found beginning on page 28 of this monograph.

3. The training itself. 

This is a 6- to 8-hour course offering detailed information in a lively, 
interactive format. 

Results Summary

Results from posttraining surveys and 6-month followup surveys confirm that
trainees both learn important information from the course and take substantial
action as a result of the course. Findings include the following:

o Trainees needed the course information. In surveys taken at the Portland
trainings, one in four landlords reported problems with drug activity in a rental
unit in the past 2 years.[1]

o Six months later, perception of training value remained strong.[2] While
at-the-training evaluations showed positive ratings, more significant is the fact
that trainees continued to appreciate the training well after they had completed
the course. In 6-month followup surveys, over 90 percent of trainees agreed
that they felt more secure in their ability to screen applicants, were more likely
to recognize drug activity should it occur, and were more confident of their
ability to evict tenants involved in such activity should the need arise.

o Six months later, 91 percent of trainees reported having made changes in the
way they manage their properties. Most landlords reported taking multiple
steps to improve conditions in their properties. Some of the steps included
developing written applicant screening criteria, conducting more thorough
maintenance inspections, cutting back shrubs, adding lighting or otherwise
improving visibility in rental units, updating rental forms to match current laws,
trading phone numbers with neighbors, and starting apartment watches.

o Landlords who had problems with drug activity used the training to help
solve such problems. Fifteen percent of respondents in followup surveys (221
out of 1,512) had to deal with drug activity on their properties within 6 months
after taking the training.[3] Of those respondents, 94 percent (208 out of
221) used information from the training to address the situation (see appendix J
for text of survey). 

o The experience of police officers on the streets also validates the impact of
this training on drug activity. In multifamily property, where statistics on the
impact of management changes are easiest to track, trainees who applied the
program concepts have seen dramatic reductions in illegal activity. Police
agencies that conduct calls-for-service research have reported reductions in
calls of 70 percent or more in some properties. Also, officers involved in
solving drug house problems report that when illegal activity does occur on
property owned or managed by a graduate of the program, less police
time is typically required to address the problem--trained landlords are
generally more aware of their responsibility to act and of their options in doing
so.

The combined power of the manual, marketing, and training can result in a
growing base of landlords who are better able to help reduce crime, fear, and
disorder in a community. As a result, the Landlord Training Program can be a
powerful tool to generate more effective partnerships with landlords and their
tenants. Police officers who have worked closely with the program report a
transformation in the attitudes of landlords with whom they deal. A police
captain who oversees the Portland Police Bureau's specified crime/warning
letter program described the difference this way:

[Before landlord training and related efforts began] I spoke with many landlords
who often were reluctant, if not even hostile, about assuming any responsibility
for criminal activity on their properties. The concept that they were expected to
be part of the solution to crime problems was foreign and unsettling to say the
least. . . . I have sensed a remarkable change in the attitudes of landlords over
the past 5 years. First, very few calls even get through to me questioning the
warning letters, and the ones who do never question the appropriateness or
authority of our actions. The only question now seems to be "What do you
want me to do?". . . I am sure this is due [in part] to the cumulative effect of the
many landlord training classes which have been conducted.[4]

Such attitudinal changes are difficult to measure statistically and even harder to
link with specific causes. However, it is clear that in those communities where
the Landlord Training Program is being used properly, the attitudes of landlords
and property managers have begun to change. The following are a few
examples of the way that program participants describe the value of the training:

o Participant One: We screen much more closely. . . . We verify everything on
a tenant's application--I can't tell you how much we needed the course. We are
more confident now and we refer to our handbook regularly.

o Participant Two: I appreciate this program and feel, if the majority of rental
owners are given this training, our city will improve and crime will decrease. As
a landlord and homeowner in the city, I hope this will be the case. Very
effective use of community policing funds. Thanks.

o Participant Three: Basically the training gave me more faith in myself to go
ahead and act.

o Participant Four: This proactive approach is just what we need--not only as
landlords, but as committed citizens.

Overall, it is clear the training reaches a broad cross-section of landlords and
managers, provides information and perspectives not found elsewhere, and
motivates real change in the way rental owners and managers take care of their
property.

----------------------------

Chapter 2: Getting Started

Elements of Success

For a Landlord Training Program to be successful, it must meet the following
basic design criteria:

1. Have the right trainer/program manager. 

Research from around the country consistently shows that the factors that
correlate most strongly with program success are the commitment,
understanding, and enthusiasm of the program coordinator/trainer. Jurisdictions
where the commitment is low, or where rotational policies prevent personnel
from developing the expertise to understand the program, will have difficulty
succeeding. 

2. Be tailored to the jurisdiction. 

It is very important that jurisdictions answer a basic question before
implementing the program: "What problem(s) are we trying to solve?" Every
community has its own particular crime problems, landlord/tenant laws, rental
practices, housing characteristics, ethnic/cultural issues, and political climate.
The causes for community problems are equally diverse. In one community,
training alone may be all that is needed to help turn a problem around. In
another, solving the problem may require a coordinated effort of training,
enforcement, and much more. 

3. Be designed around an understanding of the concerns of both landlords
and tenants. 

The course was developed to be communicated in terminology familiar to the
average landlord and to speak directly to a landlord's needs and concerns.
Landlords must believe their problems are understood before they will consider
new attitudes or approaches. Developing an understanding of these problems
takes time and study. Trainers must research local landlord/tenant law and
develop an expertise in its application--the trainer should understand applied
landlord/tenant law the way a dedicated police officer understands applied
criminal law.

The course was also designed to give landlords legal and fair methods of
preventing drug activity--approaches that will benefit not just landlords, but also
honest tenants and neighbors. For this reason, the trainer must understand not
just the concerns of landlords, but also the concerns of tenants.

In many jurisdictions, the program has received enthusiastic support from
groups that often sit on opposing sides of landlord/tenant issues: landlords,
property management associations, legal aid attorneys, neighborhood activists,
and local public housing agency personnel. However, it is also important to note
that in a few jurisdictions where the viewpoints of tenant advocacy groups were
not fully considered when the program was developed, substantial tension has
grown between program implementors and tenant rights advocates.

4. Be built on a coalition of support from both landlord and tenant 
advocates. 

Unless the program's goals and methods are fully understood, some of the
people who will be called on to support the program may be reluctant to do so.
Across the country, important work has been done to help prevent abuse by
unresponsive or uncaring landlords. Some of those who have been fighting for
improvements in tenant rights may initially view training landlords as a threat to
that cause. Indeed, a poorly implemented program could be harmful to tenants.
That is why it is important for the trainer to study the issues thoroughly and why
partnerships with both tenant and landlord advocates should be developed
before implementing a program. 

A well-implemented program can be a unifying force for positive relationships
between tenants and landlords, something an entire community will welcome.
However, if done poorly or without developing the necessary partnerships, the
program could reinforce the presumption that police favor citizens who own
property over those who do not. In fact, it was just this type of perception
that forced one city to close its Landlord Training Program until it could
successfully negotiate an agreement on training content with local tenant rights
advocates who had not been included in the initial program development.

5. Be solution oriented. 

The training should focus only on practical ways to address the problem of
illegal activity on rental property. The program is not a forum for discussing how
landlord/tenant laws or the criminal justice system should change. It does not
teach how "the system" is supposed to work; it teaches how it actually does
work. This practical focus is a key strength of the training program.

6. Be marketed for a broad impact. 

As mentioned earlier, the impact of the training is a function of two factors: the
quality of the material presented and the number of landlords who take the
course. Therefore, both training content and marketing are important. Unless
many landlords are reached by the program, the training is of little value to the
broader community. 

First Decisions

Three basic questions must be answered in the affirmative before beginning the
program:

1. Do we have a rental-based crime problem? 

If your community is plagued by drug houses, gang activity, or other chronic
criminal problems that are frequently based in rental housing, the training
program can be valuable for gaining more help from the property management
community to solve the problems. 

2. Is the problem large enough to require a formal program? 

While the tools in the training can be applied wherever there is a problem with
illegal activity in rental property, a full program--as described in this
monograph--may not be necessary. In a community with a small rental base
and the resources to contact every landlord when necessary, there may be no
need to establish an entire program; it may be sufficient to ensure that a member
of the police department is well versed in the issues covered here. Conversely,
if the number of complaints received about illegal drug or gang activity outstrips
law enforcement officials' capacity to respond, then the Landlord Training
Program can generate valuable and willing assistance from landlords and
property managers.

3. Do we have the funding, commitment, and political support to do it right? 

The Landlord Training Program is not a simple program to implement, and it
does not lend itself to partial implementation. To have a significant impact,
substantial work is involved. Although the workload may be on the shoulders of
one person or spread among two or three, the program requires a minimum of
one full-time employee, or the equivalent, for the first 6 months of program
development and a minimum of one-third that time commitment after 6 months.
However, some jurisdictions use more than one full-time staff person to
maintain an ongoing program. Implementing the program also requires
developing expertise and consistency. Volunteers, part-time trainers, officers
who rotate in and out of training duties, or "panels" of local experts recruited to
present each seminar will not accomplish the program's goals.

Key Personnel

The program requires an individual who can conduct trainings and handle
program management and another person who can manage the marketing and
logistics tasks involved. Brief descriptions of these positions follow.

1. Trainer/Project Coordinator. 

The most important personnel decision is selecting the person who will fill the
roles that require the highest skill levels: those of trainer and project
coordinator. There is more continuity in having these tasks handled by the same
person. However, some division of labor among two or more people also is
possible.

This role includes responsibility for the entire program. This person must make
the time commitment to get the program off the ground and become its first
trainer. Other responsibilities include guiding the marketing strategy, organizing
scheduling and logistics, and making continual updates and improvements to the
training overall. This individual also will research and write all supplemental
training materials needed to adapt the national manual to local laws and
ordinances, as well as provide basic program management skills.

More specifically, the role of trainer will require the following skills and
qualifications:

o A background that includes working directly to solve problems in
neighborhoods affected by illegal activity. The training must not be presented
from the tenant's or the landlord's point of view, but from the neighborhood's
point of view. Such a perspective comes most naturally to crime
prevention-oriented officers and staff or to neighborhood organizers who have
worked directly with the problem on their own street.

Selecting a sworn officer to become the first trainer has both benefits and
drawbacks. The key benefit: once an officer can provide the training, it
becomes easier to "institutionalize" the program as a department
problem-solving tool. The most common drawback: because the program
requires a long-term commitment to succeed, an officer who is rotated to new
duties too quickly may not be in the trainer position long enough to get the
program under way or to maintain continuity.

o Comfortable making energetic professional presentations in public. The
person should have experience in providing training. Audience-trainer
interaction and the ability of the trainer to respond to landlords' questions are
crucial to training success. This requires strong training skills and solid
confidence in the training material.

o The ability to sort through the nuances of the legal process and explain them
in lay terms. Landlord/tenant laws are typically designed with the idea that
landlords and tenants should be able to understand them without substantial
legal assistance. In practice, there are twists and turns that many find confusing.
A large part of the trainer's task is to sift through the legal language and present
each step in terms that the average landlord or property manager can
understand.

o Strong writing skills. A critical early stage of the trainer's job will be to
research and write the materials needed to adapt the National Program Manual
to local laws and ordinances. This will apply especially to state statutes
regarding eviction. Again, the goal is to make the materials clear and readable
for landlords who may have little knowledge of the legal process.

o A sense of empathy and diplomacy. A balanced approach that takes into
account the perspectives of a variety of advocate groups is critical to the
success of the program, both in terms of generating support for the program
and in terms of the program's ability to reduce drug activity in residential
neighborhoods. A successful trainer/coordinator should understand and
embrace the concerns of the full spectrum of involved parties: tenants,
landlords, judges, public housing agencies, legal aid attorneys, and aggrieved
neighbors.

For this reason, it is generally desirable to select a trainer who is neither an
advocate for landlords nor an advocate for tenants. The training should not be
used to advance the agenda of either landlord or tenant rights but to promote
the welfare of the whole community, landlords and tenants included. The
program's success hinges on the trainer's understanding that a
community-oriented property management approach serves honest tenants
better and is also a better long-term business approach for the landlord.

Similarly, if an attorney is selected to teach the course, that person must be
able to do more than just teach law. The trainer must be able to understand and
teach perspectives that are not defined by law--that is, the trainer should go
beyond explaining what a landlord must do or must not do and also explain
what a landlord may do. The focus of the course must remain on empowering
landlords and managers to manage their property effectively. Courses that focus
only on explaining the law will not motivate trainees to adopt a
community-oriented property management approach.

o Experience managing at least one rental property. While this is not considered
a mandatory prerequisite, it is certainly a significant advantage. Credibility with
trainees is much easier to establish if the trainer has direct experience managing
rental property.

o Time. Assuming one person handles both the trainer and project coordinator
roles, this position would require a full-time employee for up to 6 months. After
this period, the time commitment will be less: one-third to one-half the time,
depending on the configuration of program responsibilities and the number of
trainings offered per year. 

2. Marketing Assistant. 

The marketing assistant makes sure the marketing and registration logistics
work smoothly. Tasks include reserving training facilities, developing databases,
coordinating mailings, managing the training registration/confirmation process,
organizing sales and distribution of manuals, and handling all logistics associated
with setting up and running the training programs. This person also handles all
day-to-day logistics associated with evaluating the program.

The marketing assistant will need to:

o Be comfortable working with the public. The job requires extensive public
interaction, both over the phone and in person.

o Have clerical-level computer skills. These include word processing skills to
generate marketing materials and database management skills for mailings and
registration.

o Be efficient in handling logistical details and meeting deadlines. With many
different tasks to coordinate, strong organizational skills are a must.

o Have time to commit. The job calls for three-quarters to full-time
employment for 2 months, followed by approximately one-half time. The actual
time involved may be less--it will depend on the distribution of responsibilities
and the number of trainings offered per year.

Building and Maintaining Trainer Expertise

Establishing trainer expertise begins with selecting personnel with the type of
background described in the Key Personnel section, beginning on page 13.
However, the ability to provide effective training also requires developing and
maintaining a knowledge base about current and evolving landlord/tenant issues.
Trainers who are committed to providing a high-quality program will make sure
that they:

o Participate heavily in the research described in the Developing a Local
Manual section. This will help provide the trainer the necessary base of
expertise to provide an effective program.

o Take the opportunity to attend any locally offered property management
trainings as well as any trainings offered to teach tenants about their rights under
the law. By attending such events, trainers will develop a greater understanding
of the issues that fuel landlord/tenant law debates and a deeper understanding
of the importance of a police-sponsored training program that maintains a fair
and balanced approach toward landlord/tenant issues.

o Develop working relationships with local experts. These should include, at a
minimum, individuals in the community who are recognized advocates for the
rights of landlords, as well as individuals who are recognized advocates for the
rights of tenants. By consulting experts on both sides before making substantive
changes in training content, the trainer can help ensure a balanced program
approach.

o Seek out educational opportunities for developing and maintaining trainer
skills. Professional trainer skills are beyond the scope of this monograph, but it
is certainly worth emphasizing that developing and maintaining effective skills in
adult learning training techniques will benefit the program.

Developing a Local Manual

It is essential to have program materials that are accurate, fair, effective, and
readable. In addition, during the process of developing the program materials,
the trainer/coordinator also will develop the necessary expertise to present the
training.

The National Program Manual included in this monograph provides a strong
training foundation and can be used effectively by a knowledgeable trainer.
However, laws governing landlord/tenant relationships vary significantly, not
only by state, but also by city and county. Because the National Program
Manual, which has been adapted for national distribution, does not articulate
these laws, the value of the program and the training will be enhanced
substantially if additional information, tailored to local laws, also is presented.
The degree to which tailoring to local law and customs will be necessary
depends on two factors:

1. The uniqueness of the laws and practices. 

Research into the local law and typical rental practices will give the trainer an
understanding of the level of tailoring required.

2. The sophistication of the likely audience. 

If problem rental properties are typically owned by "mom and pop"
landlords--people who generally own fewer than 20 units and for whom
management of rental property is not a full-time occupation--then it is very
important to tailor the information and develop a detailed understanding of the
nuances of local laws. This audience has the least knowledge of landlord/tenant
law and operates most often on "folk law" or on law that is long out of date.
The "mom and pop" audience will respond very well to specific information that
focuses on how to manage various parts of the rental process more
appropriately.

In contrast, if rental property problems are typically seen at large, multiunit
properties with onsite resident managers who work for property management
companies, the focus of the training should be different. The details of eviction,
for example, are not as important to this group--they typically already 
have company policies and corporate attorneys who keep them up to date.

The types of issues that are most important to tailor for a jurisdiction include:

o Specifics of local civil rights laws. Nationally, fair housing law prohibits a
landlord from making rental decisions on the basis of race, color, religion, sex,
handicap, national origin, and familial status (the presence of children). Most
states add other protected criteria, as do some local communities. The case law
of a state also can add protected criteria that are not specifically described in
the law. For example, California's "Unruh Act" has been interpreted by courts
to include something called "arbitrary discrimination," which effectively prohibits
making screening decisions based on criteria that are not related to the business
purpose at hand.

o Other unique laws that regulate screening practices. For example, some
states regulate the way a landlord is allowed to collect application deposits and
screening fees. (As described in the training manual, requiring a small fee or
deposit with an application has prevention value, but it should be done in a
manner that does not create a barrier for low-income tenants.) 

o Appropriate process for circumstances under which a landlord may
enter/inspect an occupied rental unit. The types of notices and conditions under
which a landlord may enter occupied rental property vary by state.

o Specifics of local police practices. Landlords will want to know whom to
call, what type of response to expect, and what steps can be taken to get the
most effective assistance. Clearly, this is an important element of a tailored
presentation. 

o Specifics of eviction, particularly in extreme situations. To be sure, there is
value in informing landlords about the full range of eviction options. After all, as
the training teaches, it is a rare drug dealer whose only lease violation is dealing
drugs. Landlords who are willing to enforce the basic requirements of
landlord/tenant laws are less likely to have drug problems on their property.
However, the most important information to communicate is the option for
eviction in a crisis--the type of situation to which police are frequently called.
Thus, trainers should know the type of notice to serve if police have served
a warrant and found criminal evidence of drug distribution or the appropriate
notice to serve when one tenant inflicts serious physical harm on another.

o Policies and practices of the local housing authority. Coordination of
information with the local public housing agency is a must. Make sure that
landlords are presented with accurate information about renting to tenants who
receive public rent assistance.

o Local references. Provide landlords a list of local references such as
property management associations, tenant screening services, crime prevention
offices, narcotics units, legal services available for tenants, mediation programs,
the local public housing agency, and others. 

o Local law. At a minimum, all trainees who receive a manual should receive a
copy of local landlord/tenant law as well.

The most expedient approach to providing local information is to create a
supplement to the National Landlord Training Program Manual and then bind
the supplement and the national manual as separate sections of one document
for the training. Many jurisdictions also have opted to create a more tailored
manual that integrates information from the national manual with local materials.

Four examples of locally adapted manuals that have been approved by the
original developer of the National Landlord Training Program Manual are the
manuals developed for Portland, Oregon; Milwaukee, Wisconsin; Syracuse,
New York; and the city of San Bernardino, California. Persons contemplating
development of an integrated manual should review one or more of these
documents. The names of contact personnel for these documents are provided
in appendix A.

Whether preparing a supplement or a completely integrated manual, take the
following steps to develop the local material:

1. Request and receive permission to reproduce and adapt the national manual. 

To reduce the possibility of replicating outdated or inaccurate materials, local
manuals must be adapted from a current version of the National Landlord
Training Program Manual, or from a version of a locally adapted manual that
has been approved in writing by the original program developers for in-state
adaptations. Unfortunately, outdated and inaccurate information has been
reproduced in manuals when this basic quality control procedure was not
followed. 

The process for gaining permission to reproduce and adapt the manual is
simple. Mail or fax a request on your agency's letterhead to Campbell DeLong
Resources, Inc., 319 SW. Washington, No. 802, Portland, OR 97204; fax:
503-221-4541. A letter specifying the requirements for copyright permission
compliance will typically be mailed to you within 21 days of your request.[5]
Disk copies of the latest version of the National Landlord Training Program
Manual (Section II of this monograph) and an electronic version of the
overheads used in the training will be provided as well. For a complete review
of all license requirements associated with the program, as well as PDF
versions of the program manual, visit the Campbell DeLong Web site at
www.cdri.com.

2. Read local landlord/tenant laws and related statutes and ordinances. 

Before seeking the opinions and input of others, become familiar with the local
laws. Without a thorough understanding of the nuances of landlord/tenant law
as it applies locally, the trainer will not be in a position to ask the right questions
or to develop the balanced approach necessary to make the training successful.

3. Conduct the initial research. 

Develop a list of "experts" who can provide information on local issues. A wide
range of opinions is important. Consider interviewing landlords, management
associations, tenant advocates, neighborhood activists, private attorneys, public
defenders, judges, public housing agency personnel, tenant screening
companies, narcotics detectives, and patrol officers, among others. 

Although building consensus with all of these groups helps generate balanced
training information, it is not an easy task. In each state where such interviews
have been conducted, there was substantial tension between landlord and
tenant advocates, considerable misinformation stated as fact by experts, and
considerable disagreement about a variety of rental practices. Typically, the
complete picture does not emerge in any jurisdiction until the same questions
are asked of many people with a variety of perspectives. Do not talk to just one
or two experts and consider the research complete. With each expert
interviewed, important areas to explore include: 

o Their opinions regarding what landlords of local property most need to know
to stop illegal activity on their property.

o Their opinions about messages that should not be communicated in a program
of this type.

o Detailed descriptions of practices or procedures about which each person is
a recognized expert. For example, ask a judge or attorney to describe the
court-ordered eviction process and the types of mistakes commonly made by
both sides. Or ask fair housing enforcement personnel to explain the most
common mistakes made by local landlords. To ensure a balanced
understanding, ask people from opposing sides of an issue to describe the same
procedures.

o Their willingness to review materials developed for the program.

4. Develop a first draft and have it reviewed. 

Once the initial research is complete, write a first draft of the supplement and
submit it for review to the people with whom the initial research was conducted.
While some of the reviews will serve only to generate valuable goodwill
between the sponsoring department and the individual, other reviews will
produce important feedback that will correct and refine the manual in critical
ways.

This step is commonly shortchanged by police departments doing their own
adaptation of the manual. A review of a number of manuals developed by
police departments in various jurisdictions reveals that this step often is not
completed. The most common results are:

o Descriptions of laws from other states inaccurately described as true for their
jurisdiction.

o Procedures that are unique to one police agency cited as policy in another.

Providing trainees inaccurate information about the law in their state--or the
department's procedures--is generally much worse than telling trainees nothing
at all. Yet a common pitfall for agencies that adapt the manual is to provide
inaccurate information. One of the origins of such mistakes may spring from a
misperception of the role of reviewing attorneys--in effect confusing a liability
review with an accuracy review. To be sure, a liability review by the
appropriate department attorney is important. However, do not confuse a
department attorney's endorsement of a document's legal disclaimers with a
landlord/tenant expert's careful review of the content.

The findings from developing manuals for Landlord Training Programs are
consistent: review of the manual by any single person, regardless of his or her
expertise, will not uncover all of the issues that need to be addressed. The
manual should be carefully reviewed by many people with different perspectives
on landlord/tenant issues. The most important feedback is often received from
knowledgeable landlords, attorneys who specialize in representing landlords,
and attorneys who typically represent tenants. Examining the perspectives of
many knowledgeable people in a community is important for ensuring the
accuracy and appropriateness of the information in the manual.

5. Revise the draft for final review. 

Following extensive review of the first draft, a revised draft should be
completed. This draft will be close to the finished product. The revised draft
should be reviewed by a few of the key people who reviewed the first draft--
generally those who were willing to take the time to give extensive feedback at
the first draft stage.

6. Make final changes and go to print.

Once the second draft review is complete, development of the final document
should be relatively smooth. With final changes completed, the document
should be given a final check by the jurisdiction's attorney and then sent to print.

Designing the Training

Once revisions of the manual are complete, the training program can be
developed relatively quickly. In addition to tailoring the program to local law,
qualified trainers will likely wish to refine and/or develop their own presentation
materials for the program as a whole. 

Initially, the coordinator should conduct a limited number of pilot trainings with
local landlords and assess program results through review of posttraining
questionnaires and informal analysis by the trainer and observers. Adjustments
should be made in training style and content emphasis to account for local
concerns and property management practices over the course of these trainings,
and more indepth changes can be made following completion of the pilot
programs if necessary. At the conclusion of those trainings, the trainer should
have acquired the necessary confidence in his or her ability to present the
program effectively. Once adjustments are made following the initial series, the
program will be ready for full presentation to landlords and property managers
throughout the jurisdiction.

Much of the information about how the training can be presented is discussed in
more detail in the national train-the-trainer seminar developed with this
monograph. The following is intended only as a general guideline to some of the
most critical aspects of presenting an effective training.

1. The introduction is very important. 

Study the introduction of the training with care, and practice the introduction
more than any other part of the program. The introduction allows the trainer to
gain "permission" to manage the audience and sets the tone for the entire
seminar. In particular, it is important to: 

o Clarify responsibilities. Dispel possible resentment resulting from some
trainees' expectations that the training will somehow blame landlords for the
problem of drugs in our society. Define the role of landlords by clarifying that in
dealing with drug and other illegal activities, landlords are an important part of
the whole solution but they are not alone--police and neighbors must play
their parts as well. Get "permission" to focus the rest of the training on the
landlord's role.

o Emphasize the civil nature of the course. Dispel confusion about the purpose
of the training. It is a course in effective property management, with an
emphasis on effective use of civil law. It is not a course in undercover narcotics
work or how to confront a drug dealer. 

o Establish permission to regulate questions. Although it is important to answer
questions as honestly and fully as possible, it is also important to avoid
extended question-answer periods with just a small percentage of trainees
actually participating. 

o Control expectations. Clarify that the course will focus on what a landlord
needs to do to prevent illegal activity on rental property. For those who need
more information about managing rental property, the course can serve as a
good introduction--but only as an introduction. Encourage participants to
contact local property management associations or other resources for ongoing
support. Get permission to downplay questions that do not relate closely to
issues of illegal activity; otherwise the training can quickly lose focus.

o Get the audience involved. Include an audience participation process in the
early part of the training to promote involvement and questions throughout the
seminar. In Portland this is done with a show of hands in response to various
questions and by quickly building a list of questions that trainees hope to have
answered by the end of the session.

o Clarify the difference between the trainer and a personal attorney. Establish
that the trainer is not playing the role of legal adviser. Clarify that the trainer is a
teacher and can help address landlord/tenant issues but cannot make individual
decisions for trainees. The responsibility for property management decisions
remains the landlord's. Trainees who wish another person to share in that
decisionmaking responsibility should hire an attorney.

o Agree on the schedule. Establish agreement about the length of the training
and the number of breaks.

2. Stories help. 

Real-life stories help trainers communicate effectively. Examples of applied
problem solving give the training a practical cast, and, when the stories are
drawn from the trainer's own experience, they help build trainer credibility.

3. Keep civil rights issues in mind.

There is much confusion among landlords about civil rights laws. In addition,
some trainees have even asked openly how they can "get around" the law.
Making sure landlords understand what they can and cannot do will promote
the critical goals of civil rights laws and give landlords more ability to screen
appropriately, confidently, and without illegal discrimination.

4. Tell them what they can do.

Trainers who are not confident of their material will quickly fall into the trap of
spending too much time equivocating, repeating legal disclaimers, or
overemphasizing warnings about what a landlord should not do. Although it is
important that trainees understand the importance of following the law and the
penalties for breaking it, the purpose of the course is to give trainees new tools.
Make sure that the majority of the training is focused on explaining what can be
done to decrease illegal activity in rental properties. Trainees will not learn how
to help if the only information they receive is about what not to do.

5. Stay focused on a community-oriented approach. 

Many of the landlords who attend the training will be watching to see if the
training is "pro landlord" or "pro tenant." While the training should be both, most
of it should be "pro neighborhood." Discuss new training material with
advocates on both sides of the issue before using it. Important perspectives that
were not initially apparent often emerge from such discussions.

6. Answer questions, but do not let questions take over the training. 

Question and answer periods are a critical part of this type of training, but they
should not be allowed to overwhelm the course. Questions that are overly
specific and that do not offer a learning opportunity for the whole class should
be referred to a break and not dealt with during class time. Learning to 
encourage questions, but not so many that important parts of the seminar must
be sacrificed, is an important balancing act for trainers.

7. Make sure that all speakers know their topic and the intent of the course. 

While there is no requirement that a single person provide the entire training,
beware of the temptation to use a "panel of experts" to teach the course. Each
person who presents information in the training must have a full understanding of
the scope and purpose of the seminar.

8. It is more important to convey appropriate motivation and attitude than it
is to communicate the program's entire content. 

This can be a tough adjustment for trainers who are accustomed to teaching
standardized curricula for which the same content must be covered in each
seminar. A landlord training that covers 100 percent of the content, but leaves
75 percent of the trainees skeptical of the value, pales in impact to a training
that covers 75 percent of the content but leaves 100 percent of the trainees
with a renewed sense that (1) they can make a difference, (2) doing so isn't as
complicated as they feared, and (3) they can be financially successful doing so.
The successful trainer will quickly discover that the most effective training is
driven not by a mission to cover every point in detail, but by the mission to
reveal and address the participants' fears, assumptions, and misunderstandings
that collectively constitute the trainees' barriers to more responsible citizenship.
The ideal trainer will know the content of the course cold, but never lose sight
of the motivational mission.

9. Address the displacement myth. 

Underlying many citizens' reluctance to get involved in pushing crime out of a
neighborhood is the belief that any action short of arrest and incarceration is
pointless--that pushing drug dealers out of one location will only "move the
problem around" by causing the dealers to move down the street and begin
again. This assumption--that displacement is virtually one-for-one unless arrest
occurs--is what prevents many landlords and residents from understanding the
impact an involved community can have on drug-related problems. The
following discussion is intended to provide some examples of ways to address
the displacement myth.

o A qualitative argument for the benefits of "displacement." Drug activity, gang
activity, and other types of chronic criminal behavior flourish in those places
where at least some elements of the community act to "enable" that behavior.
To use the landlord example, when a rental owner leaves drug-dealing tenants
in place, that landlord is not merely allowing the amount of illegal activity to hold
steady, but is likely contributing to its growth. As the drug dealing continues,
neighbors with the resources to move out begin to do so, and friends of the
drug dealer, seeing the dealer getting away with the behavior, think more
seriously of becoming dealers themselves. In short, when drug dealing is left
alone, it doesn't stay the same. It often gets worse. 

The reverse is true as well--if the landlord refuses to allow illegal and
lease-violating activities to continue, the dealer's friends are less motivated to
follow the dealer into the business (which reduces the growth in the number of
drug dealers), and concerned neighbors are more likely to stay put (which
helps stabilize the neighborhood, rendering it more resistant to chronic crime
problems). The net result is an environment where the number of "enabling"
factors has been reduced and fewer drug dealers can operate.

Still more significant is what happens to drug dealers who have been
"displaced," which is often accomplished by evicting the lease-signing tenants
who let the dealer move in. While displaced drug dealers may seek another
location from which to deal, they may run into more resistance than they did
in the past--specifically, friends may be less inclined to allow criminal activity in
their apartment after having been evicted for allowing such behavior previously.
Instead of thinking more about becoming drug dealers themselves, some friends
will think twice before allowing it to happen out of their homes. These factors
hardly stop all displacement from occurring, but certainly help reduce the
amount that does occur.

In this way, a landlord's willingness to screen effectively and evict when
behavior is harmful to the surrounding community is one of many crucial
components that can modify the behavior of those with criminal intent. The
greatest myth of displacement is that lack of appropriate action by the
"enablers"--landlords included--will simply leave the situation unchanged, when
such inaction will often cause the situation to grow worse. 

Therefore, although a landlord's willingness to screen well and evict when
necessary will not solve the whole problem, it is certainly an important part of
the solution. If nothing else, it can help check the growth of illegal activity and
increase communitywide resistance to illegal activity--a major goal of the
Landlord Training Program. 

o Supporting data from the Milwaukee Police Department. Support for the
importance of simple "displacement" is provided by the Milwaukee Police
Department's Drug Abatement Program, which conducted a tracking study
from June 1993 to March 1994 of persons involved in drug activity who
had been displaced. The study was conducted by Milwaukee narcotics
detectives[6] and provides compelling data to contradict the traditional concern
that civil enforcement does nothing but displace drug problems in a one-for-one
fashion. The study concluded that in Milwaukee, even though most displaced
suspects remained in the city, surprisingly few continued to engage in the same
type of high-community-impact drug activity.

The detectives identified 201 individuals who had been involved in place-based
drug dealing (drug houses, principally) for which abatement at the location had
occurred--that is, the drug dealers were moved out of the property whether
through a voluntary process, eviction, code enforcement, or other available
options. Of those 201, detectives determined that 53 individuals were
incarcerated, 7 were on parole or probation, and 3 had died. The remaining
138 individuals were free and unsupervised by the criminal justice system--they
had been displaced only.[7]

Investigating detectives used all means at their disposal to locate the 138
people to determine if these people were still involved in dealing or
manufacturing illegal drugs. For the purposes of the study, the detectives did not
require a criminal level of proof to classify a person likely to be involved in drug
activity. The detectives looked at all available behavioral indicators, including
complaints citing behaviors commonly associated with drug activity at the
person's address. Here is what they found:

o Only a few of the former dealers had left town or could not be found.
Fourteen percent of the 138 persons had either left Milwaukee (13 people) or
could not be located (6 people, 4 of whom were wanted on felony arrest
warrants). The remainder of the group was confirmed to be still living in the
city. Detectives made no attempt to examine the activities of the former dealers
who had left Milwaukee.

o Fewer than one in five of the former dealers still living in Milwaukee was
identified as still involved in drug dealing or manufacturing. Only 17 percent of
the free and unsupervised people were found to still be involved in drug dealing
in Milwaukee (a total of 24 people, some of whom were arrested as a result of
the study). While a confirmed displacement rate of 17 percent is terrible news
for the neighbors who must live in adversely affected areas, it is nevertheless a
small portion of the total number of potentially displaced dealers. Indeed, one
of the purposes of the study was to determine if skip tracing of displaced
dealers could be used as an efficient method of locating drug activity in the
community. The conclusion was that given the time required to conduct the skip
traces and the low percentage of drug activity found, skip tracing of displaced
drug suspects is not an efficient means of fighting drug activity.

o More than two-thirds of the displaced dealers were considered by detectives
to be no longer involved in dealing or manufacturing illegal drugs. In all, 69
percent (95 people) of the 138 free and unsupervised people were considered
to be no longer dealing or manufacturing illegal controlled substances.
Detectives caution that they cannot with certainty "prove the negative"--that all
95 persons were definitely not involved in drug activity. However, they believe
they established with confidence that all 95 were no longer involved in the types
of overt drug-related behavior that so substantially harms the livability of
neighborhoods and draws the ire of the community.

Results of the Milwaukee study are shown in the following chart:

Milwaukee Skip Tracing Study
n=138 individuals "displaced" in past year

No apparent drug dealing/manufacturing
68.8%

Can't find
4.3%

Out of town
9.4%

Drug Activity Confirmed
17.4%

Even allowing for a substantial margin of error, this is strong evidence that
improved civil enforcement against drug criminals--potentially causing
"displacement"--is a valuable tool in reducing drug activity in a community.

Marketing

The impact of the Landlord Training Program depends on two factors: the
quality of the information presented and the number of landlords who receive
and act upon that information. To bring about a fundamental shift in property
management attitudes throughout a community, it is essential that a large
number of landlords take the course. Providing quality training is only half of a
trainer's job; the other half is effective marketing to landlords with property in
impacted communities.

The basics of training marketing include:

1. Finding and inviting landlords. 

A three-tiered marketing approach is recommended: a letter campaign,
exposure in the media, and exposure through other available sources. These
methods are described in more detail below.

o A letter campaign. A letter sent to rental property owners, signed by the
community's chief law enforcement official, is the primary program marketing
tool. The letter is mailed to owners of residential rental property in targeted
areas. The letter discusses the problems involved with having a drug house on
rental property, describes the content of the course, and invites landlords to
register for a training date.

While the content of the letter is important, so is the signature. A letter from
the chief law enforcement officer--or another local official of similar stature--is
likely to receive higher readership than the average "direct mail" letter in a
landlord's mailbox. Results show that such a letter can produce a signup rate as
high as one in five.

Most communities do not have comprehensive databases of owners of rental
property, so the database for mailing the police chief's letter will need to be
created. In Portland, this was achieved by using the property tax database to
select owners of residential properties (within the targeted area) for which the
property address and the tax-billing address are different. Once duplicate
names and names of past trainees are removed from the list, letters are sent to
each listed property owner. Similar letters, as appropriate, should also be sent
to all local real estate and property management companies and to resident
managers of apartment complexes in all targeted areas. 

Appendix C includes an example of Portland's letter to rental property owners.
While this letter uses a local ordinance as a means of motivating the landlord to
attend the training, the presence of such an ordinance is not required to create a
powerful marketing effect. Local ordinances, state laws, or federal seizure laws
could be used as examples of the liabilities associated with permitting drug or
other illegal activity on rental property.

o Exposure in the media. This is especially important when the program is new.
Media exposure for the initial trainings should result in a large number of
signups. As the program continues, media coverage will tend to draw fewer
landlords to the course, though the media will continue to spread the word to
landlords with properties outside the specific areas targeted for notification
through the police chief's letter.

o Exposure through other available sources. Information on upcoming trainings
should also be distributed through a variety of other sources, such as property
management associations, community-based organizations, letters sent to
landlords by the narcotics units of the local police, and general word of mouth.
Results show that significant numbers of trainees are also identified through
these channels.

One of the more innovative examples of other ways to market the training was
developed in Milwaukee, Wisconsin. In addition to using the letter campaign,
the Milwaukee Landlord Training Program leveraged resources by encouraging
community-based organizations to sponsor training in their neighborhoods.
Sponsoring organizations are typically asked to conduct some local outreach
for the training event, provide training space, supply refreshments for trainees,
and assist with training logistics.

Although these other sources are important and can be used in addition to the
letter campaign, as in Milwaukee, they cannot substitute for a comprehensive
marketing effort such as the letter campaign. For example, enforcement
agencies may be tempted to save money by relying solely on community
associations or local property management associations to spread the word
about the training program. However, without the letter campaign, it will not be
possible to produce the high volume and broad cross-section of landlords
needed to make a lasting impact on the community. This is because property
management associations typically represent only a small percentage of the
landlords in the community, and community-based organizations are often less
likely than a law enforcement agency to have the resources or volunteer time
available to systematically contact every rental property owner in their area.

Law enforcement managers should also beware of the temptation to rely only
on word of mouth to generate interest in the program, even if this produces
substantial numbers of trainees. Advertising by word of mouth can move a
program away from a focus on serving the whole community and toward an
emphasis on serving professional property managers as a constituency separate
from residents. The potential problem is that landlords who most need the
training are often the least likely to hear about it from others and to attend. This
is because these landlords are often poorly networked with other landlords, do
not generally participate in continuing education, or are not affiliated with a local
property management association (all common avenues for word of mouth).
Therefore, it is important to ask not just how many landlords attend the training,
but also which landlords. That is why a marketing process should be designed
to ensure the highest possible impact in the neighborhoods that are most
harmed by illegal drug activity. Word-of-mouth marketing in low-impact
neighborhoods may be sufficient, but in high-impact neighborhoods, more
aggressive marketing is often needed.

2. Make it easy to sign up and important to attend.

Landlords will be more likely to attend if they see the program as professional
training rather than a loosely run public forum. In addition, some landlords will
be skeptical of the value of a government-sponsored seminar. Therefore, the
registration process should limit barriers to signing up, while also creating a
sense of professionalism, a sense of the value of the course, and a sense of
obligation to attend. Recommended steps include the following:

o Charge little or nothing for the course. Beware of assuming that, because
they are property owners, trainees will be willing and able to pay for the
seminar. Charging trainees the full cost you incur for the course could defeat the
purpose of holding the program. Property management seminars that cost from
$50 to $200 are well-attended events, but they are attended by the more
sophisticated professionals who are least in need of the Landlord Training
Program rather than a broad cross-section of the property management
community. Important targets for the training are "mom and pop" landlords with
just a few units and resident property managers who are new to the rental
business. Career professionals will attend--and benefit from--the training, but it
is important to attract the landlords who know very little about dealing with
illegal activity and are therefore more likely to attract drug activity.

In Portland, the original program was offered free, with a $5 fee for each
manual--still a low price. The purpose of charging the $5 fee is as much to
increase the perceived value of the manual as it is to recover the cost of
publication. Some jurisdictions have been successful charging a fee of $10 to
$15 for the course and manual combined--hardly enough to pay for all program
costs, but enough to offset various direct costs of the training. One jurisdiction
that tried a fee of $25 reduced it after it appeared that the fee was a barrier to
attendance for some landlords. Again, the goal of the program is not to serve
landlords; it is to serve the community. The community is best served when a
high percentage of landlords attends the course. This can be achieved by
keeping the costs of the training as low as possible.

o Make it easy to sign up. Everything about the marketing and signup
procedures should make it as easy as possible to sign up for the course. For
example, although mail-in registration forms are easier to process, it is not a
good idea to eliminate phone registrations. Allowing landlords to register in the
manner most convenient for them will ensure the greatest number of signups.

o Use confirmation letters and phone calls to encourage attendance. All
landlords who sign up for the course should receive a confirmation letter upon
registration and a confirming phone call during the 48 hours prior to the training
itself. This confirmation process has been found to make a substantial
difference to the attendance rate of registrants. The confirmation process is
critical because the landlords who are least motivated to attend are the ones
who most need to hear the message of the training.

o Use onsite registration to motivate commitment. A formal sign-in procedure
is valuable on several levels. Having participants sign in and receive a name tag
increases the professionalism of the training, instills a sense of commitment, and
prompts attendees to return the second night (or after lunch if the program runs
a full day). Onsite registration also helps provide an accurate tally of how many
landlords attend each training session and a means to check the spelling of
names before printing certificates of completion. A check-in process also can
serve as an informal security measure. 

3. Use certificates to encourage course completion and promote course 
awareness.

Certificates of completion have proved popular with trainees and have added
another inducement to finishing the course. A certificate program also can help
participants acquire continuing education credits for real estate and property
management licenses. Certificates should be given only to participants who
attend the full training; do not hand them out early. A sample certificate is
provided in appendix H.

Some jurisdictions have started to promote an additional benefit of the
certificate. The trainer will suggest that the certificate can be used as an
additional screening tool. Trainees are instructed to post the certificate in their
rental offices and point it out to every applicant, explaining that the management
has been trained by the local police to help prevent illegal activity and will be
doing a complete verification of the application information. Such an approach
can encourage housing applicants contemplating illegal activity to choose not to
apply. It may, however, put the jurisdiction in the position of appearing to
endorse the management's specific tenant screening approach, something
which not all jurisdictions will want to do.

----------------------------

Chapter 3: Related Problem-Solving Tools

Many problem-solving innovations have proved to work well with, and in
addition to, the Landlord Training Program. One program coordinator
described the relationship between the Landlord Training Program and other
problem-solving tools this way:

The success of the Landlord Training Program is in bringing people together
who have not worked well with each other in the past. The program improves
community livability by inspiring landlords to a greater understanding of the
value of their role in keeping neighborhoods healthy, and it saves police officers
time because they can work with landlords who have a better understanding of
what to expect from police. Also, by promoting a common understanding of
what it takes to keep a community healthy, the opportunities for effective
problem solving increase. Since beginning this program, we have seen many
new solutions take root and grow, where previously fewer options were 
available.[8]

The following examples of problem-solving tools have worked well in concert
with, and in some cases separate from, the Landlord Training Program. Each is
presented as an example of an innovation that is possible with the program or
as an additional solution that can further strengthen the ability of communities to
keep illegal activity out of rental property. 

"Landlord Compacts"

The term "landlord compact" comes from the name for the approach used in
Milwaukee, but the concept is used in similar forms in Los Angeles; Tucson;
Beaverton and Portland, Oregon; and other jurisdictions as well.

Milwaukee's landlord compacts are groups of landlords who own houses and
apartments in a specific neighborhood and work with each other--and
police--to stop illegal activity in their area. They meet on a regular basis and
work jointly to prevent problem tenants from staying in a neighborhood. They
develop shared standards for the prevention of illegal activity and develop
partnership agreements with police to accomplish such actions as improving the
ability of police to enforce no trespassing/no loitering rules on nonresidents in
the common areas of rental property. In Milwaukee, some landlord compacts
also have worked to take legal action against other landlords who chronically 
permit dangerous and illegal activity on their property.

In Beaverton, Oregon, the emphasis is on monthly meetings and information
sharing. Regular meeting topics include conducting more indepth review of
Landlord Training Program topics, sharing information about tenants involved in
illegal activity, and improving the historically strained relationship between
resident managers and police officers. Frequently, meetings include diagnosing a
"case study"--taking a particular crime problem at a participant's property and
examining both how it can be resolved and what could have been done to
prevent it. 

Milwaukee's Partnership With Lenders

The Milwaukee Department of Building Inspection, in partnership with the
Milwaukee Police Department, replicated the Portland Landlord Training
Program. In Milwaukee, problem rental properties are most likely to be in
duplexes, single-family dwellings, and small multifamily properties. To
address one element of the problem, Milwaukee built a partnership with several
mortgage providers to require potential landlords to complete Milwaukee's
Landlord Training Program prior to being approved for a loan to purchase
rental property. Furthermore, two city-sponsored loan programs now require
training completion prior to loan approval: "The Duplex as a Starter Home" and
"Buy in Your Neighborhood." The first program is designed to encourage
owner occupancy of duplex housing; the other is designed to encourage
ownership of rental units by people who live in the immediate neighborhood.
The city requires completion of the training before providing homeowner loans
under these programs. The benefit to all parties is clear: owners are better
skilled to manage property appropriately, responsible tenants have more
responsive landlords, and the community is better protected from the threat of
illegal activity. 

"Three-Phase" Certification Programs

Some police departments have begun using a variation of the Landlord Training
Program with an added twist: in addition to rewarding landlords with a
certificate for attending the training, landlords are also given two more
certificates for completing certain steps suggested in the training. Such
"three-phase" programs are much more resource intensive but can be valuable
for jurisdictions willing to make the commitment.

In contrast to the core program, three-phase programs are designed to optimize
impact in apartment complexes that are large enough to have resident managers
and deemphasize approaches targeted to smaller unit housing, such as
12-plexes, 8-plexes, and single-family units.

The three-phase certification process includes the following:

1. The first certificate is received for completion of an adaptation of the
Landlord Training Program. The training's focus is adjusted to reflect the fact
that it is the first phase of a three-phase process. The trainer spends time
explaining the value of the three phases and encouraging participation in all
three phases.

2. The second certificate is received when a property meets minimum crime
prevention through environmental design requirements. Examples of such
minimum requirements include: 

o Eye viewers on the front doors of all rental units.

o Deadbolts and striker plates on the exterior (hinged) doors of all rental units.

o Installation of specified locks for windows and sliding glass doors.

o Lighting modifications in the common areas.

o Trimming of trees and shrubs to ensure no branches are less than 6 feet
above the ground and no shrubs block views from windows.

3. The third and final certificate is received when a manager holds a crime
prevention meeting with tenants. The manager calls the meeting, and the police
department conducts a crime prevention orientation for tenants who attend.

Once all three certificates are earned, a 1-year "membership" certificate is
issued to the property that grants the manager the right to display the program
sign on the property and use the program logo in "for rent" advertising. The
signs are owned by the police department and are leased for a small one-time
fee, which allows the police department to remove the signs when a property is
no longer in compliance with the program. Apartment communities must be
recertified every year (by holding another tenant meeting) in order to continue
using the program signs.

The first three-phase program developed from the Landlord Training Program
was designed by the Mesa, Arizona, Police Department, which began by
repackaging the original Landlord Training Program materials under a different
name: the Crime Free Multi-Housing Program. Other jurisdictions in Arizona
have copied the Mesa name and logo, with some out-of-state jurisdictions using
it as well. Other jurisdictions have opted to develop still other names and
customized looks. Other programs that use a three-phase concept based on the
Landlord Training Program include the Police-Community Housing Program of
Aurora, Illinois; the Crime Free Rental Housing Program of the city of San
Bernardino, California; the Safe At Home Initiative of the city of Eugene,
Oregon; and Enhanced Safety Properties, the name used by a group of Oregon
law enforcement agencies.

While a three-phase program can be labor intensive, the payoff in reduced calls
for service can be worth the effort in specific situations. Such a program may be
of particular value where the majority of rental-based criminal activity is in
multifamily property large enough to have onsite resident managers.

However, site visit findings also indicate the need for this word of caution:
While some innovations introduced in three-phase programs can be beneficial,
there are elements used in the Crime Free Multi-Housing Program "phase one"
training model that are in opposition to the intended community-oriented
approach of the Landlord Training Program. While the original program
developers do endorse a three-phase program concept for some situations,
they do not recommend the landlord training approach used in the Crime Free
Multi-Housing Program model.

Coordination With Civil Enforcement Strategies

Training landlords can never be considered a complete solution to rental-based
crime problems in a neighborhood. Although such programs can effectively
teach and motivate the majority of landlords who want to learn how they can
deter crime on their properties, it is not effective for landlords who are unwilling
to change. That is where improved enforcement strategies against reluctant
landlords play a crucial role.

Many communities have created laws that allow the jurisdiction to take civil
action against a property owner if the owner does not reduce problems
associated with drugs, prostitution, and other types of illegal activity on the
property. Such laws typically allow for substantial fines, property closure for a
defined period of time, or complete forfeiture of property. Other communities
combine the force of local housing maintenance codes with other civil and
criminal enforcement strategies to force a reluctant owner to act. Just a few
examples of these approaches include the work of the Oakland Police
Department's Beat Health Unit,[9] Los Angeles' FALCON[10] Narcotics
Abatement Unit, and the Milwaukee Police Department's Drug Abatement
Program.

Lessons can be learned from each of these cities and from many other cities as
well. The lesson we wish to emphasize here is one gained from the experience
in Portland, Oregon, with an ordinance first created in 1987. Commonly known
as the "Specified Crime Ordinance," it allows for closure of property for up to 1
year and substantial daily fines against property owners who do not reduce
problems associated with drugs, prostitution, or gambling (the "specified"
crimes).[11] However, what makes the Portland ordinance unique is not so
much what the ordinance says, but how it is applied.

While the city of Portland brings suits against property owners who are in
violation of the ordinance, it also sends warning letters to owners whose
property has been reported to be in violation. The letters do not allege the
presence of illegal activity on the property; they report to the owner, with a
copy to the occupant, the fact that complaints have been received and that, if
police confirm the complaints, such a finding could potentially lead to legal
action. 

The Portland Police Bureau's Drug and Vice Division sends the warning letters
when sufficient credible complaints have been logged or when patrol officers
report suspicions of drug activity and request that a letter be sent.[12]
Considerable care is taken to ensure that warning letters are sent only when a
sufficient number of credible complaints have been received. In an average
year, the city begins full legal action against 15 to 20 property owners but sends
warning letters to as many as 500.[13] Because of the willingness of the city to
report having received complaints to both owners and occupants, many
neighborhoods in Portland have gained relief from the impact of a local drug
house before the cost in neighborhood deterioration became extreme. By using
the warning letter process, the city of Portland has implemented a system that
intervenes earlier in the destructive cycle of neighborhood decay, thus avoiding
one of the biggest problems associated with overreliance on traditional
enforcement strategies: having the solution arrive too late to benefit a
community.

Many of the landlords who receive warning letters are referred to the Landlord
Training Program. As part of the effort to market the training, all rental owners
who are invited to the training are reminded of the Specified Crime Ordinance
and their obligation to stop illegal activity on their property. In the initial years of
training implementation, when landlords were particularly skeptical of
government-sponsored training, the presence of the Specified Crime Ordinance
provided a strong additional motivator for participants to attend the program. In
effect, the combination of improved civil enforcement strategies and the offer of
landlord training provides both "stick" and "carrot" for encouraging landlords to
become part of the solution to neighborhood crime problems.

Training Officers

Traditionally, police officers are trained to treat any matter that includes the
application of civil law as a hands-off issue. The essential legal concern is that
police will inappropriately take sides--for example, supporting the rights of
property owners over the rights of tenants. However, a community-oriented
approach requires that police address problems that foster the growth of crime,
fear, and disorder in a community. Whether the solution to a community
problem lies in criminal law, civil law, or a simple expectation of human
decency, the officer's choices must be guided by the need to reduce crime and
maintain order, and not simply by the strength of the opportunity to make an
arrest.

Training police officers to work differently with landlords and tenants is one of
many ways that police across the country are asking those who "enforce" civil
laws to become stronger partners in efforts to reduce crime. For example,
many cities, such as Oakland, Milwaukee, and Albuquerque, have strengthened
the partnership between building code enforcement and police. In effect, these
building code enforcement efforts are based on the recognition of the
relationship between poor property management and environments that
promote drug and gang activity in residential neighborhoods. To put it in civil
law terminology, these efforts help enforce the right of tenants to have decent
and safe living conditions.

The Landlord Training Program is another part of the same approach, based on
the recognition that dishonest tenants also contribute to an environment of drug
and gang activity. Training landlords to be better managers for their good
tenants and stricter managers against livability-harming behavior should be
something that all law-abiding citizens can agree on. To put it in civil law
terminology, the Landlord Training Program helps enforce the right of landlords,
neighbors, and other tenants to live free of the threat of tenants who engage in,
or permit, illegal activity on or near their residence.

When officers are trained in Landlord Training Program techniques, they are
first shown that many tenant/drug activity situations are preventable with
effective property management. Then they are trained in approaches for dealing
with problems at rental properties that assume the involvement of both owners
and occupants. In one training, operated by the Gresham, Oregon, Police
Department, officers are shown the relationship between common criminal
problems and the comparable civil violations as defined in the state's
landlord/tenant law. One example of this relationship is a situation in which
officers are called to the same property night after night because tenants are
chronically engaging in fights, shouting matches, loud parties, or other disruptive
behavior. In addition to any criminal laws they are violating, tenants are
required by many state landlord/tenant laws to refrain from disturbing their
neighbors' peace. It is appropriate for police to inform the landlord about going
to an address on this type of disturbance call. Any good neighbor would notify
the landlord, and there is no reason why an officer should not be expected to
do the same. Showing officers the relationship between disturbance calls and
landlord/tenant law violations can help promote stronger communication
between law enforcement and landlords, and it potentially offers another avenue
for quickly restoring order to a neighborhood. 

It could be said that police have not helped their communities by disregarding
most landlord/tenant disputes with the classic expression, "It's a civil matter. We
don't deal with that." Likewise, civilians (landlords, tenants, or
owner-occupants) have not helped their communities by assuming the 
reverse--that crime is purely a police matter. As confused landlords have said
many times, "The neighbors said my tenants are dealing drugs, so I called the
police and they will take it from there."

Often, police have chosen not to work on a problem because they inaccurately
see the issue as strictly civil in nature, while civilians avoid working on a
problem because they inaccurately see the issue as strictly criminal. The
message of the training program to both police officers and civilians is entirely
different; it is, "If a problem is harming the community, it is incumbent on both
groups to find ways to fix it."

In this regard, the program resonates strongly with a famous quotation from Sir
Robert Peel,[14] who in 1829 described the role of police this way: 

The police are the public; the public are the police. The police are only
members of the public who are paid to give full-time attention to duties that are
incumbent on every citizen in the interest of community welfare and existence.

That is the point of the Landlord Training Program as well. The program was
not designed to determine whether police or civilians are more to blame for a
problem that harms the community welfare but to remind both groups that they
should be doing more to solve the problem. The program provides both groups
the tools to do so.

----------------------------

Notes

1. Based on posttraining questionnaire data collected in Portland through the
spring of 1993. Questionnaires were distributed to all participants at the end of
each training session. Sample size was 3,335.

2. Six-month followup questionnaires were collected from 1989, 1990, and
1991 trainees. Questionnaires were mailed to each of the 2,641 "groups" of
landlords who attended the trainings in those years (a "group" is one or more
people responsible for the same property--in many cases a husband and wife).
In all, 1,512 questionnaires (56 percent) were returned. The theoretic reliability
of a sample of 1,512 out of a population of 2,641 is 1.7 percent, assuming a
two-part variable with results evenly split, 95-percent confidence level.

3. Ibid.

4. Letter from Capt. Robert G. Brooks, Portland Police Bureau, Drugs and
Vice Division, July 19, 1994. Capt. Brooks commanded the Drugs and Vice
Division prior to the implementation of landlord trainings in Portland, moved on
to other commands, and then resumed command of the Drugs and Vice
Division 5 years after the program began. For more about the warning letter
process, see Coordination With Civil Enforcement Strategies, page 36.

5. Should procedures related to copyright permission change at a future date,
you will be advised of the new procedure at the time you submit your request.
There is no charge to public agencies for receiving copyright permission and, as
of the date of this publication, no plans to implement one.

6. Contact Det. Lt. David Bruess, Milwaukee Police Department, 749 W.
State Street, Room 427, Milwaukee, WI 53233. Phone: 414-935-7131.

7. This result is an outcome of the different levels of proof required--the level of
evidence required to evict, "preponderance," is lower than that required to
convict, "beyond a reasonable doubt." See the section on The Role of the
Police in the participant's manual, Section II of this monograph, for more on
this topic.

8. Karin A. Long, Landlord Training Program coordinator, Department of
Building Inspection, Milwaukee, Wisconsin.

9. Contact Oakland Police Department, Beat Health Unit, 455 Seventh Street,
Oakland, CA 94607. Phone: 510-615-5808.

10. Focused Attack Linking Community Organizations and Neighborhoods
(FALCON). The FALCON Narcotics Abatement Unit, organized in 1990,
comprises personnel from the Los Angeles Police Department, City Attorney's
Office, and Department of Building and Safety. The program's four major
objectives are: (1) eliminating narcotics nuisance locations by encouraging
cooperation of property owners, filing narcotics abatement lawsuits, and seizing
real property; (2) establishing an integrated network of law enforcement and
governmental agencies, community-based organizations, and concerned
citizens; (3) providing neighborhood crime prevention and education programs
to residents and businesses in targeted areas; and (4) fostering community
coalitions among property owners, tenants, residents, and business owners.

11. Since the description regarding the Specified Crime Ordinance was written,
the city of Portland has created a more comprehensive "Chronic Nuisance
Ordinance" that covers a broader array of crimes. Enforcement is similar to that
described for the Specified Crime Ordinance.

12. The Milwaukee, Wisconsin, Police Department also has a warning letter
program.

13. For comparison purposes, note that Portland has a city population of
approximately 500,000.

14. Sir Robert Peel, 1788-1850, English statesman considered the "Founder of
Modern Policing," organized the London Metropolitan Police Department in
1829 around nine core principles commonly referred to today as "Peel's
Principles."

----------------------------

Section II

National Landlord Training Program Participant's Manual

The following section reproduces the National Landlord Training Program
Participant's Manual that landlords receive at training. It is provided in this
monograph for law enforcement agencies because it is one of the simplest ways
to show directly the content, scope, and paradigm of the Landlord Training
Program. This manual can be used directly to train landlords or can be adapted
to reflect local and state law to provide a more tailored document for a local
jurisdiction.

----------------------------

Landlord Training Program

Keeping Illegal Activity Out of Rental Property

National Program Manual

A Practical Guide for Landlords and Property Managers

Third National Edition

Originally funded by the Bureau of Justice Assistance
Office of Justice Programs, U.S. Department of Justice

Developed by 
John H. Campbell, Campbell DeLong Resources, Inc.

Based on the Landlord Training Program Manual originally developed for the
City of Portland, Oregon by Campbell DeLong Resources, Inc.

Various parts of this document provide broad descriptions of legal procedure.
However, no part of this manual should be regarded as legal advice or
considered a replacement of a landlord's responsibility to be familiar with
federal, state, and local laws governing a particular jurisdiction. If you need
legal advice, seek the services of a competent attorney. Also, laws change.
Information that is accurate at the time of printing may be rendered obsolete by
the passage of new laws or revised judicial interpretations of existing law.

Copyright 1993-1999 by Campbell DeLong Resources, Inc. Portions
copyright 1992 by the city of Portland, reprinted with permission. All rights
reserved with the exception that permission is granted for making complete,
unedited, verbatim paper photocopies of this document (Section II of this
monograph in its entirety), including all attribution and ownership notices. Public
and nonprofit agencies desiring to obtain a no-cost license to print excerpts,
adapt, or make other uses of the Landlord Training Program materials may
review basic license conditions by visiting www.cdri.com/fineprn.html.

For additional information from Campbell DeLong Resources, Inc., about the
Landlord Training Program visit www.cdri.com, e-mail LTPinfo@cdri.com, or
call 503-221-2005.

We request that any errors or significant omissions be noted and forwarded to
the above so that corrections in future versions may be made.

This project was made possible through cooperative agreements Nos.
87-SD-CX-K003, 89-DD-CX-0007, 91-DD-CX-0001, and 94-DD-CX-
K014 awarded by the Bureau of Justice Assistance, Office of Justice
Programs, U.S. Department of Justice. Points of view or opinions contained
within are those of Campbell DeLong Resources, Inc., and do not necessarily
represent the official position or policies of the U.S. Department of Justice.

----------------------------

The Bureau of Justice Assistance is a component of the Office of Justice
Programs, which also includes the Bureau of Justice Statistics, the National
Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention,
and the Office for Victims of Crime.

----------------------------

Acknowledgments

The Landlord Training Program was developed originally by Campbell DeLong
Resources, Inc., for the Portland Police Bureau, with support and assistance
from the city of Portland's Fire Bureau and Neighborhood Crime Prevention
Program, Office of Neighborhood Associations. Campbell DeLong Resources
also created the national version of the Landlord Training Program Manual and,
10 years after first creating the program, continues to provides no-cost
stewardship of the Landlord Training Program materials.

We would like to acknowledge the considerable assistance provided by the
Drugs and Vice Division, Portland Police Bureau; Hazardous Materials Team,
Portland Fire Bureau; Housing Authority of Portland; Multi-Family Housing
Council of Oregon; Multnomah County Legal Aid; and the Oregon Apartment
Association.

This national version of the manual has been greatly enhanced by suggestions
collected from a range of property managers and law enforcement agencies
across the country. We should particularly mention that the Tucson, Arizona,
Police Department provided indepth suggestions that improved the chapter
on "Preparing the Property." The city of Milwaukee, Wisconsin, Department of
Building Inspection, through dedicated efforts to develop a Landlord Training
Program in Milwaukee, has provided a valuable opportunity to test and
improve many of the concepts described in this manual. The city of San
Bernardino, California, has also tested and developed new sections that
appeared for the first time in the second edition of the National Edition of the
Landlord Training Program Manual.

Work, support, and guidance were also provided by the city of Portland's
Bureau of Buildings, Bureau of Community Development, City Attorney's
Office, Energy Office, Mayor, and City Council; Health Division, Oregon
Department of Human Resources; Ater Wynne Hewitt Dodson & Skerritt;
Sandra J. Saunders, Lawyers; Background Investigations of Oregon; and
Tenant Screening Services, Inc.

We gratefully acknowledge the contributions of the many landlords and
property managers who were interviewed during development of this project.
We also thank the people of the Sabin Community Association, where it all
began. 

----------------------------

Contents

Foreword 

Points To Consider

o Know Your Local Landlord/Tenant Law 

o Costs and Benefits

o Costs of Drug Activity in Rentals

o Benefits of Active Management

Preparing the Property 

o The Basics 

o Keep the Property up to Habitability Standards 

o Crime Prevention Through Environmental Design Defined 

o Keep the Property Visible and Control Access

o Maintain the Property 

Applicant Screening 

o The Basics 

o Overview

o Applicant Screening, Civil Rights, and Fair Housing 

o Written Tenant Criteria: What To Post 

o Introduction 

o Screening Criteria

o Rental Agreement 

o Other Forms and Procedures 

o Regarding "Borderline" Applicants

o Application Information: What To Include 

o Fees and Application Deposits 

o How To Verify Information 

o A Note About Hiring

o How To Turn Down an Applicant

o Other Screening Tips and Warning Signs

Rental Agreements 

o The Basics 

o Use a Current Rental Agreement 

o Month-to-Month or Long-Term Lease?

o Elements To Emphasize 

o Lease Addendum Forbidding Illegal Activity 

o Inspecting the Property Prior to Moving in 

o Resident's Handbook

o Key Pickup 

Good Ongoing Management 

o The Basics 

o Do Not Bend Your Rules 

o Responsibilities Defined

o Landlords

o Tenants 

o Property Inspections 

o Utilities

o Keep a Paper Trail

o Trade Phone Numbers With Neighbors

Apartment Watch/Promoting Community 

o The Basics 

o Benefits

o Key Elements 

Warning Signs of Drug Activity 

o The Basics 

o The Drugs

o Signs of Drug Activity in Residential Property 

What To Do If You Discover a Clandestine Lab 

o The Basics 

o The Danger: Toxic Chemicals in Unpredictable Situations 

o What To Do If You Find a Lab

o "How Do the 'Cooks' Survive?"

Crisis Resolution 

o The Basics 

o Act Immediately 

o The Secret to Good, Low-Cost Legal Help

o What To Do When a Neighbor Calls With a Complaint

o How To Serve Notice

o What Evidence Is Required 

o The Court Process 

o If You Have a Problem With Neighboring Property 

The Role of the Police 

o The Basics

o Defining the Roles: Landlords and Police 

o What To Expect

o Fines, Forfeiture, and Other Penalties

The Section 8 Program 

o The Basics 

o Benefits

o Misconceptions

Resources 

o Property Management Associations 

o Tenant Screening Services 

o Crime Prevention/Apartment Watch

o Community-Based Organizations

o Section 8 Rent Assistance Program

o Laws and Ordinances

----------------------------

Foreword

Chronic drug dealing and other illegal activity can reduce a neighborhood to a
mere shell of the healthy community it once was. In our frustration we often
look only to the police or "the system" for solutions to crime and forget that
neighbors and landlords have tremendous power over the basic health of a
community.

To be sure, both city government and police agencies have a critical
responsibility to facilitate strong communities, but we as citizens--landlords,
tenants, and homeowners--remain the foundation that makes it all work.
Citizens decide which problems in their community require action. Typically,
city agencies respond to a problem only after citizens recognize and report
illegal activity. When a problem arises, one of the first and most important
decisions is made by the affected homeowners, tenants, and landlords--ignore
the problem, run from it, or take action to solve it. Each of us plays a different
role in addressing these problems; each bears a responsibility to keep a
community strong.

The most effective way to address illegal activity occurring on rental properties
is a coordinated effort among police, landlords, and neighbors. Efforts are
under way to encourage neighbors to assume more responsibility for preventing
crime on their blocks. Efforts are also under way to improve the way police
address problems with drug activity in residential neighborhoods. What you can
do is learn how to keep illegal activity off your property and make a
commitment to removing or stopping it the moment it occurs.

This manual is intended to help honest tenants rent from responsible landlords
while preventing tenants involved in illegal activity from abusing rental properties
and the surrounding neighborhoods. We know that, in the past, abuses of the
property rental system have come from both sides. We also know that most
landlords want to be fair and that most tenants are good people. Responsible
property management and ownership begins with the idea that such actions will
benefit the whole community. If the information provided herein is used
responsibly, all of us--tenants, landlords, and owner occupants--will enjoy
safer, more stable neighborhoods.

----------------------------

Points To Consider

Know Your Local Landlord/Tenant Law

In this manual we cannot address the specifics of the landlord/tenant law in
every state; it would take 50 different manuals to do so, because every state's
law is different. While federal fair housing law applies nationwide, most laws
that regulate rental relationships are local. Even among the many states that
have adopted a version of the Uniform Residential Landlord and Tenant Act,
differences in state laws remain. Following are a few examples of differences in
state regulations:

o Some states allow local communities to establish rent-control laws; other
states do not.

o In many communities, a landlord may evict a tenant without cause, while in
some communities only for-cause or "just-cause" evictions are allowed.

o In each state the options, causes, notices, and procedures for enforcing
landlord/tenant law and lease requirements vary.

o The length of time involved in regaining legal possession of a rental unit varies
significantly from state to state.

o "Case law" also varies among states--even when two states' laws appear
similar, they may have a history of being interpreted differently by the courts in
the two jurisdictions.

o Some local communities have civil rights laws that go beyond the classes
defined in federal fair housing law (race, color, religion, gender, handicap,
national origin, and familial status). For example, some localities prohibit
discrimination on the basis of marital status, sexual orientation, or source of
income. Some jurisdictions limit the degree to which one may discriminate
against persons who have been convicted of a crime.

Despite the differences, the philosophy behind the landlord/tenant law in each
state is often very similar--landlord/tenant laws define a balance between the
rights of rental owners to control, protect, and benefit from their investments
and the rights of tenants to control, protect, and enjoy their private homes.
Unfortunately, the balancing act results in some dissatisfaction on both sides.
Scratch the surface in most states and you will quickly find people who believe
the local laws are "stacked against the landlord" and others who believe with
equal fervor that the laws are unfair to tenants.

What we have also found--on both sides--is a surprising high level of
misinformation. We have repeatedly heard landlords inaccurately tell us that the
law "ties their hands" in ways that it does not and heard tenants express fear
about powers that landlords do not actually have. We have also spoken with
attorneys who are mistaken about the content of the landlord/tenant law. Given
this experience, our suggestion is this: Do not necessarily believe "folk law," and
do not assume that a person who claims to be a legal expert is one. If legal
assistance is needed, find an attorney who specializes in landlord/tenant issues
and read the local landlord/tenant statutes. Remember that the best chance for a
fair application of landlord/tenant law comes with complete knowledge of the
law.

Costs and Benefits

Community-oriented property management is good business. Landlords and
property managers who apply the active property management principles
presented in this manual, and in the accompanying training, have consistently
seen improvements in the quality of their rental businesses. Applying the
information presented in this training can result in significant benefits to each of
the three interest groups in a residential neighborhood--whole communities can
become safer, residents can enjoy better housing, and landlords can enjoy
greater business success. Here's how it works.

Costs of Drug Activity in Rentals

When drug criminals operate out of rental property, neighborhoods suffer and
landlords pay a high price. That price may include the following:

o Declines in property values, particularly when the activity begins affecting the
reputation of the neighborhood.

o Property damage arising from abuse, retaliation, or neglect.

o Toxic contamination and/or fire resulting from drug manufacturing or growing
operations.

o Civil penalties, including loss of property use, and property damage resulting
from police raids.

o Loss of rent during eviction and repair periods.

o Fear and frustration from dealing with dangerous tenants.

o Increased resentment and anger between neighbors and property managers.

Benefits of Active Management

Active management can prevent much of the rental-based drug crime occurring
today. Developing an active management style requires a commitment to
establishing a new approach to property management. Landlords and managers
interviewed for this program who switched to more active management
consistently report the following benefits: 

o A stable, more satisfied tenant base.

o Increased demand for rental units. 

o Lower maintenance and repair costs.

o Improved property values.

o Improved personal safety for tenants, landlords, and managers.

o Peace of mind from spending more time on routine management and less on
crisis control.

o Appreciative neighbors.

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Preparing the Property

The Basics

Make sure the aesthetic and physical nature of the property is attractive to
honest renters and unattractive to dishonest ones.

Keep the Property up to Habitability Standards

Maintaining housing standards is important to the public welfare and it protects
against neighborhood decay. In addition, a substandard rental unit is more likely
to attract drug criminals--it announces to potential criminals that the landlord's
standards are low and that inappropriate tenant behavior is likely to be
overlooked.

In addition, it can be time consuming and expensive to evict a problem tenant
from a poorly maintained unit if the tenant is knowledgeable about housing laws.
Landlord/tenant laws generally protect tenants from retaliation if the tenant
complains that a landlord has not complied with minimum housing standards. If
a landlord attempts to evict a problem tenant from a substandard unit, a court
may weigh the behavior of a problem tenant against the actions of a problem
landlord. In effect, landlords who fail to meet their responsibilities under the law
may find that they have compromised their rights under the law as well.

Before renting your property, make sure it meets applicable local maintenance
code, the habitability requirements of your local landlord/tenant law, and--if you
rent to Section 8 tenants--the U.S. Department of Housing and Urban
Development (HUD) standards for "decent, safe, and sanitary" housing. While
many of the basic elements of these requirements will overlap, they will not do
so entirely, so you will need to check all three sources to make sure you are in
compliance. For a general discussion of basic requirements of these codes, see
the chapter "Good Ongoing Management." For the specific code that affects
your area, review applicable state and local laws.

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Make the environment part of the solution.

Advice Given:

"Drug people don't like to be seen. They can set up anywhere, but the farther
they are from the manager's office, or the more hidden the house is from view,
the better they like it."

-- Police Officer

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Crime Prevention Through Environmental Design Defined

Crime prevention through environmental design, known as CPTED
(pronounced "sep ted"), is a field of knowledge developed in response to
research demonstrating that the architecture of some buildings deters crime
while the architecture of other buildings encourages it. The CPTED concept
was originally designed to help reduce crime to a property (e.g., a burglar
breaking in). This theory is now used to keep crime from a property (e.g.,
eliminate drug dealing, drug manufacturing, and illegal gang activity that
originates from a property), as well. 

CPTED concepts stress the importance of combining lighting, landscaping, and
building design to create an environment where drug dealers, burglars, and
other criminals do not feel comfortable. Basic steps include making it difficult to
break into a property, closing off likely escape routes, and making sure public
areas can be easily observed by people living nearby as they go about their
normal activity. The four basic elements of CPTED are as follows:[1]

1. Natural surveillance. Crime is less likely to occur if criminals believe they will
be observed. Actions you can take to increase natural surveillance include
keeping shrubs trimmed so they do not block the view from windows or
porches; installing glass peepholes so children and adults can see who is at the
door before they open it; pruning tree branches that hang below 6 feet; installing
low-energy-usage outdoor lighting along walkways; installing motion-activated
lights in private areas such as driveways; keeping drapes or blinds open during
the day; and leaving porch lights on at night.

2. Access control. Control the entries and exits. Crime is less likely to occur if
criminals believe that entry to property is difficult or that escape routes are
blocked. Examples range from something as simple as a locked door to a more
sophisticated 24-hour guard station or remote-activated gate. The benefits of
access control apply to individual apartments too--install deadbolt locks on
doors and security pins in windows and sliding-glass doors. In high-rise
apartments, the "buzzer" for opening the front door from inside an apartment is
another access control device.
 
3. Territoriality. Make a psychological impression that someone cares about
the property and will engage in its defense. Conveying territoriality is
accomplished by posting signs, maintaining general cleanliness and high
maintenance standards, and encouraging residents to politely question strangers.
Signs that tell visitors to "report to the manager," define rules of conduct, warn
against trespassing, or merely announce neighborhood boundaries are all part of
asserting territoriality. Cleaning graffiti off property quickly (within 24 hours) or
painting a mural on a blank wall sends a territorial message as well.

4. Activity support. Increase the presence of law-abiding citizens to decrease
opportunities for criminals. Neighborhood features that are not used for
legitimate activities are magnets for illegal activities. Organizing events or
improving public services in parks and school yards, holding outdoor
gatherings on hot summer nights, and accommodating bicyclists, joggers, and
fitness walkers are all examples of activities that can increase community
presence in public areas, thereby decreasing opportunities for illegal activity in
these spaces.

How these concepts are best applied in a given property depends on many
factors, including the existing landscaping, building architecture, availability of
resident managers, management practices, presence of security personnel,
desires of law-abiding residents, and more.

Keep the Property Visible and Control Access

The following are some recommended "first steps" for making CPTED changes
to rental property. Taken alone, few of the following elements will have a
significant impact on crime. Implemented together, these steps will stop some
drug operators from wanting to move into the property and will make it easier
for neighbors (or surveillance teams) to observe and document illegal activity
should it start. Initial CPTED steps include:

o Use lighting to its best advantage. Install photosensitive lighting over all
entrances. Buyers, sellers, and manufacturers of illegal drugs do not like to be
seen. At a minimum, the front door, back door, and other outside property
entrances should be equipped with energy-efficient flood lighting that is either
motion or light sensitive--turns on for a few minutes when a person approaches
or turns on at sunset and stays on till dawn. Backyards and other areas should
also be appropriately illuminated. Although lights should be used to illuminate
the entrances and surrounding grounds, they should not shine harshly into
windows. Be sure applicants understand that exterior lighting is part of the
rental cost and that it must be left on.

Managers of apartment complexes should make sure that all walkways, activity
areas, and parking lots are well lit, especially along the property perimeter.
Covered parking areas should have lighting installed under the canopy. All
fixtures should be vandal resistant. Landscape planning should take into account
how future plant growth will affect lighting patterns.

o Make sure fences do not obstruct views. If you install fencing, chain link or
wrought iron types are best because they limit access without offering a place to
hide. Wood fencing can also be used effectively, provided wide gaps are left
between the boards. In some cases you might also consider a lower fence
height--for example, 4 feet high instead of 6. Consider replacing or modifying
wood fences that have minimal gaps between boards, and regularly trim hedges
along fences. 

o Keep bushes around windows and doorways well trimmed. Bushes should
not impair the view through entrances and windows. Tree branches near ground
level should also be trimmed to keep people from hiding in them.

o Post addresses clearly. Only a drug operator will benefit if addresses are
difficult to read from the street. When address numbers are faded, hidden by
shrubs, not illuminated at night, or simply falling off, neighbors will have one
more hurdle to cross before reporting illegal activity, and police will have more
difficulty finding the correct unit when called.

Large apartment complexes should have a permanent map of the complex,
including a "you are here" point of reference, at each driveway entrance. These
maps should be clearly visible in all weather and well lit. If the complex consists
of multiple buildings, make sure building numbers can be read easily from any
adjacent parking area, both day and night. Also make sure that rental units are
numbered in a logical and consistent manner so that police can locate the
appropriate unit as rapidly as possible.

Control traffic flow and access. In larger complexes, control access points to
deter pedestrian passers-by from entering the property; then do the same for
automobile traffic. People involved in drug activity prefer "drive through"
parking lots--those with multiple exits. Consider blocking some parking exits,
adding fencing, and rerouting traffic so all automobile and foot traffic, coming
and going, must pass the same point--within view of the manager's office.

If more traffic control is needed, issue parking permits to tenants. Post signs
forbidding cars without permits to use the lot. Towing companies that specialize
in this type of business can provide signs, usually for a nominal setup fee.
Depending on the availability of street parking for guests, either deny guest
parking altogether or limit it to specific spaces. Be consistent in having violators
towed away. Remember, it is your parking lot, not a public one.

o Before building, design for a strong sense of community. Each of the other
steps described in this section should be integrated into building plans to help
design a safer rental unit from the start. In addition, for apartment complexes in
particular, building plans should include design elements that will help foster a
sense of community. Recreational areas and other community facilities can help
encourage neighbors to become acquainted. Building layouts should nurture
more personalized neighborhood environments rather than reinforce feelings of
isolation and separation from the community.

Maintain the Property

Housing that looks cared for will not only attract good tenants, it will also
discourage many prospective tenants who are involved in illegal activity.
Changes that help communicate an image of "safe, quiet, and clean" may further
protect the premises from persons who want housing where chronic problem
activity may be tolerated. While these approaches are useful in any type of
rental property, because of the day-to-day control that apartment owners have
over the common areas of their property, the following approaches can make a
particularly strong difference in multifamily complexes:

Remove graffiti quickly. Graffiti may be the random work of a juvenile
delinquent or the work of a gang member marking territory. Regardless of who
created it, graffiti serves as an invitation for more problems, and it can
demoralize and intimidate a neighborhood. If you believe graffiti may be gang
related, call the police. Next, remove the graffiti or paint over it. Remove it
again if it reappears--do not let it become an eyesore.

o Repair vandalism. As with graffiti, an important part of discouraging
vandalism is to repair damages quickly. If the vandalism appears to be directed
at you or your tenants, the police should be advised immediately, and you
should discuss with the police additional approaches to address the situation.

o Keep the exterior looking clean and fresh. Freshly painted buildings,
well-tended garden strips, and litter-free grounds help communicate that the
property is maintained by someone who cares about what happens there.

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Applicant Screening

The Basics

Attract honest tenants while discouraging dishonest applicants from applying for
housing. Have a backup system to help determine if a dishonest person has
applied. Use a process that is legal, simple, and fair.

Overview

There are two ways to screen out potentially troublesome tenants.

1. Encourage self-screening. Establish situations that discourage dishonest
persons from applying for housing. Every drug dealer who chooses not to apply
is one more you do not have to investigate.

2. Uncover past behavior. Often, a thorough background check will reveal
poor references, an inconsistent credit rating, or falsehoods on the application.
 
The goal is to weed out, as early as possible, any applicants planning illegal
behavior. Screening applicants will save you time, money, and all the
entanglements of getting into a legal contract with people who may damage
your property and harm the neighborhood.

It is just as important that applicants read and understand the rules and the
process as it is for you to implement the process initially. Implementing elements
of the following suggestions may help protect you legally. Making sure that an
applicant knows your commitment to the process may help prevent problems.

However, we must also offer a word of caution. If you are looking for a
one-step solution, you will not find it here. There are no "magic" phone numbers
you can call to get perfect information about applicants and their backgrounds.
Effective property management requires adopting an attitude and approach that
will discourage illegal behavior while encouraging the stabilization, and eventual
growth, of your honest tenant base. What makes the following process so
effective is not any individual step, but the cumulative value of the approach.

----------------------------

An ounce of prevention . . . 

Complaints heard:*

"People say you should screen your tenants. You can't. The applicants lie about
their previous landlord--they give you a fake address and the phone number of
their brother. You call up the brother, he plays along, and you never discover
they were evicted at the last two housed they rented."

"I thought I was calling the previous landlord and it was the applicant's
parents--and the parents played along. It ended up in eviction some months
later."

"We can't screen tenants worth anything. If you don't do it right, you could be
sued for discrimination. So you check to see if they have income and that's it."

Advice Given:

"I went to a meeting for landlords about these issues. I was surprised--most
people in the room couldn't understand why they were getting bad tenants.
They just couldn't see that there are ways to keep that from happening."

* Unless noted, quotes are from landlords or professional property managers.
Note that some "complaints" contain inaccurate or incomplete assumptions
about legal rights or procedures.

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Applicant Screening, Civil Rights, and Fair Housing

Landlords are sometimes confused about their rights in turning down applicants.
A few landlords even believe that civil rights laws require them to accept
virtually any applicant; this is not the case. Civil rights laws are designed to
protect the way applicants are screened and to make sure that all qualified
applicants feel equally invited to apply. Federal fair housing guidelines prohibit
discrimination based on race, color, religion, sex, handicap, national origin, or
familial status (presence of children). Many state and local governments add
other categories--marital status, sexual orientation, source of income, or
participation in a government subsidy program are common examples. The
purpose of these laws is to prevent discrimination based on protected class
criteria. Nothing in the fair housing laws forbids you from setting fair screening
guidelines and applying them equally to all applicants.

Keep in mind that every person belongs to these protected classes--each of us
can be defined in terms of our race, color, religion, sex, and national origin, for
example. So any time you deny an applicant, you have, in a sense, denied
someone who belongs to a protected class. The question is whether or not
you treat applicants or tenants unfairly because of the class to which they
belong. If the criteria you set are blind to class issues and you apply them
consistently, then you may turn down applicants who do not meet your criteria.

The key lies in making sure your screening process is fair--that it neither directly
nor indirectly discriminates on the basis of one of the federally defined
protected classes or other classes that may also be protected in your
community. To comply, you should design a fair process and apply it
consistently and equally to all applicants. The following examples are consistent
with federal fair housing guidelines:

o You may have a rule that requires all applicants to show a photo I.D.,[2] so
you could turn down applicants who cannot produce one. The practice
becomes illegal when you apply the rule inconsistently--requiring I.D. from
people of one class but not requiring it from those of another.

o You could give a document to all applicants that outlines the rules of the
property and warns against selling drugs on the property. The practice becomes
illegal when you give it to applicants of one class, but do not give it to persons
of another. Should you develop such a document, make sure the wording does
not discourage members of a protected class from applying.

o You could refuse to rent to anyone who lies to you during the application
process or provides false information on the application. This is both legal and
highly appropriate.

o You could require all applicants who intend to park an automobile on your
property to show current car registration, proof of insurance, and a valid
driver's license along with their completed rental application. You could deny
tenancy to those who wish to have a car on the property without showing
such documentation. Of course, if the person does not plan to keep a car, the
requirement would be waived.

There is nothing illegal about setting fair criteria and holding all applicants to the
same standards. Through the consistent use of such guidelines you can retain full
and appropriate control over who lives in your rental units and who does not.

Finally, as you study the letter of the law, keep its spirit in mind as well. The
sooner we eliminate the types of discrimination that weaken our communities,
the sooner we can build a stronger, more equitable society.

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Advice Given:

"Most landlords, even some 'pros,' are still practicing the old way of doing
things they take a social security number, make one phone call, and rent to the
person. They then wonder where the problems are coming from. Well, the old
methods don't work anymore."

"I've just quit relying on character judgement. For managing rental property, it
does not work. I have a set application process, written down. Applicants must
meet all the criteria. If they don't, I don't. It is simple, legal, and fair. At this
point, every one of my properties has good people in it."

"Many landlords are frightened of the fair housing laws. Some believe they can't
screen at all. If landlords establish a fair screening procedure and follow it
equally for each applicant, they will have a very strong case against
discrimination lawsuits."

"When I call previous landlords to verify an applicant's record, most are
surprised to get a screening call from another landlord--apparently it happens
too rarely."

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Written Tenant Criteria: What To Post

Many of the attorneys and legislative authorities interviewed for this program
recommend developing written rental criteria and posting a copy of those
criteria in your rental office. If you do not have a rental office that all applicants
visit, they suggest attaching a copy of the criteria to every application you give
out.

If you are going to use written criteria, remember to ask applicants to read the
document. Posting information is of limited prevention value unless applicants
know it is there. 

The following is intended as a generic example of information a manager might
post and direct each applicant to read. The intent of posting these criteria is to
encourage every honest tenant to apply while providing dishonest applicants
with an early incentive to seek housing elsewhere. 

By itself, this information will deter only a few people involved in illegal activity;
most have heard tough talk before. Many drug dealers expect landlords to be
too interested in collecting rent to care about applicant screening. It is important
to follow through in word and action--continually reinforce the point that you
enjoy helping honest tenants find good housing through your careful screening
process, then follow through and actually screen the applicants.

While we have attempted to make sure the following sections adhere to the
goals of national fair housing guidelines, there may be criteria listed that do not
meet the requirements of some state or local civil rights laws. Further,
complying with federal and local civil rights laws involves much more than the
language used in the applicant screening process. If you are not familiar with
your fair housing responsibilities, seek information from a local rental housing
association or from an attorney who specializes in the subject.

You should adjust the following criteria as appropriate for your own needs.
Whatever criteria you set, have them reviewed by an attorney familiar with
current landlord/tenant issues before posting.

Introduction

It is important to "set the tone" for your applicants--make sure that law-abiding,
responsible applicants want to apply and that dishonest and irresponsible
applicants begin to think twice about applying for housing at your property. The
following is one possible approach:

----------------------------

We are working with neighbors and other landlords in this area to maintain the
quality of the neighborhood. We want to make sure that people do not use
rental units for illegal activity. To that end, we have a thorough screening
process.

If you meet the application criteria and are accepted, you will have the peace of
mind of knowing that other renters in this area [apartment complex] are being
screened with equal care and, as a result, there may be a reduced risk of illegal
activity occurring in the area. 

Please review our list of criteria. If you feel you meet the criteria, please apply.

Please note that we provide equal housing opportunity; we do not discriminate
on the basis of race, color, religion, sex, handicap, national origin, or familial
status [add other protected classes as required by state and local law].

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Screening Criteria

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A complete application is required for each adult. One application for each
adult (18 years of age or older). If a line is not filled in, or the omission is not
explained satisfactorily, we will return the application to you.

----------------------------

This criterion helps ensure that every application provides enough information
for you to make an informed decision. One of the simpler methods of hiding a
person's financial history is to "forget" to fill in the social security number or date
of birth on the application form. Without a full name, social security number,
and date of birth, credit checks cannot be run. To a person contemplating illegal
activity, this requirement will communicate a very basic message--that you will
actually screen your applicants. That message alone will turn away some
applicants.

This rule also allows you to require an application from each adult and not just
the person with a good rental history. People involved in illegal activity may
have friends and roommates who still have good credit or a good rental history.
The obvious approach for such people is to have the person with the good
rental history apply, then follow that person into the unit. You have a right to
know who is planning to live in the unit, so require an application and verify the
information for each person.

----------------------------

Two pieces of I.D. must be shown. We require a photo I.D. (a driver's
license or other government-issued photo identification card) and a second
piece of I.D. as well. Present them with your completed application.

----------------------------

This is a simple and effective rule. Note that the second piece of identification
does not have to be very "official"--generally a credit card, a student I.D., or
many other types of cards will do. The issue is that a person who carries false
identification may not have two pieces of false I.D. under the same name. Also,
especially if you are in a state or local jurisdiction where age is specifically
defined as a protected class in rental housing, it will be important to verify your
procedure for reviewing photo I.D. with an experienced landlord-tenant
attorney prior to implementing this policy. 

----------------------------

Your rental history must be verified by unbiased sources. 

If you are related by blood or marriage to one of the previous landlords listed,
or your rental history does not include at least two previous landlords, we will
require a qualified cosigner on your rental agreement (qualified cosigners must
meet all applicant screening criteria) or an additional security deposit of $____.

It is your responsibility to provide us with the information necessary to contact
your past landlords. We reserve the right to deny your application if, after
making a good faith effort, we are unable to verify your rental history.

If you owned--rather than rented--your previous home, you will need to furnish
mortgage company references and proof of title ownership or transfer.

----------------------------

Variations of this rule have been used by many landlords to address the issue of
renting to persons who do not have a rental history or who say, "I last rented
from my mother (or another relative)." This makes it harder for a dishonest
applicant to avoid the consequences of past illegal behavior--if asked to
provide a reference, loyal relatives may say a potential tenant is reliable, but
they may think twice about cosigning a rental agreement if they know that is not
true.

If requiring a cosigner seems unwieldy for your type of rentals, you may want to
offer a different option, such as requiring additional prepaid rent or a security
deposit from people who do not have a verifiable rental history. Of course,
check your local law for any guidelines on the amount of allowable fees or
deposits.

----------------------------

You must have sufficient income/resources. If the combination of your
monthly personal debt, utility costs, and rent payments will exceed ___% of
your monthly income before taxes, we will require a qualified cosigner on your
rental agreement (or an additional deposit of $___). If the combination exceeds
___% of your monthly income, your application will be denied.

We must be able to verify independently the amount and stability of your
income through sources such as pay stubs, employer/source contacts, or tax
records. If you are self-employed, you will be required to submit a business
license, tax records, bank records, or a list of client references.

----------------------------

You can, and should, verify self-employment. Drug dealers may describe
themselves as self-employed on the assumption that you will have to take their
word as verification. Some will be unprepared to supply tax returns, a copy of
a business license, or other verification. 

Note that it may be appropriate to remove all income requirements for Section
8 applicants because your local public housing agency (PHA) will have
determined already the amount of the subsidy based on the ability to pay. Also,
some landlords include a condition for applicants who do not have a regular
monthly income but do have substantial savings on which to draw. Landlords
who set such guidelines often define a minimum cash net worth (described as a
multiple of the monthly rent) for people in this category.

----------------------------

Section 8 applicants must allow information access. Section 8 applicants must
sign a consent form allowing the local public housing agency to verify
information regarding their rental history.

----------------------------

New HUD guidelines permit PHAs to allow the landlord to verify certain
information in the applicant's Section 8 file. Check with your local PHA to find
out how the guidelines are applied in your area.

----------------------------

False information is grounds for denial. Your application will be denied if you
misrepresent any information on the application. If misrepresentations are found
after a rental agreement is signed, your rental agreement will be terminated.

----------------------------

If applicants are not honest with you, you may turn them down; it's that simple.

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Criminal convictions for certain types of crimes will result in denial of your
application. Your application will be denied if, in the last ___ years, you have
been convicted of any type of crime [including the manufacture or distribution of
controlled substances] that would be considered a serious threat to real
property or to other residents' peaceful enjoyment of the premises.

----------------------------

This criterion is more controversial than it may seem, because even people who
have been convicted of a crime need a place to live. In some states people
who have been convicted of a crime and served their time are granted limited
protected-class status. Check local laws for an approach that will be
appropriate. Do not use this requirement as a crutch--many drug dealers have
not yet been convicted of a crime. In addition, few people who are planning to
use a rental for illegal activity, whether or not they have a criminal record, will
have a clean, verifiable rental history. If you are performing the other
recommended screening steps conscientiously, this criterion will often be
unnecessary.

In this regard, we note that very experienced property managers will sometimes
accept an applicant with specific types of recent criminal convictions, provided
additional conditions are met such as a qualified cosigner on the lease and an
interview with the applicant's parole or probation officer prior to moving in.
However, while such an approach may be appropriate for skilled landlords with
few problems on their properties, it is generally a very poor idea for
inexperienced landlords or those who are already struggling to remove existing
illegal activity from their rental property.

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Certain court judgments against you may result in denial of your application.
If in the past ___ years you have been through a court-ordered eviction, or had
any judgment against you for financial delinquency, your application will be
denied. This restriction may be waived if there has not been more than one such
incident, the circumstances can be justified, and you provide a qualified
cosigner on your rental agreement. 

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Although in most cases you may turn down an applicant who has been through
a recent court-ordered eviction, we recommend maintaining flexibility in some
instances. After all, some evictions are not deserved. It also seems inherently
fairer to give people who have made a single mistake the chance to improve.

----------------------------

A poor credit record (overdue accounts) may result in denial of your
application. Credit records showing occasional payments within ___ days past
due will be acceptable, provided you can justify the circumstances. Records
showing payments after ___ days are not acceptable.

----------------------------

If you are renting your property, you are effectively making a loan of your
property to your tenant. Banks do not loan money to people with poor credit;
you do not have to loan the use of your property to such persons either. 

You also may want to stipulate exceptions for late payment of specific types of
bills. For example, you might wish to allow exceptions if the only unpaid bills
are for medical expenses. However, regardless of what exceptions you define,
remember that it is a very poor idea to accept tenants who have a history of not
paying previous landlords--if they did not pay the last landlord, they may not
pay you either.

----------------------------

Poor references from previous landlords may result in denial of your
application. You will be turned down if previous landlords report significant
complaints such as repeated disturbance of the neighbors' peace; reports of
prostitution, drug dealing, or drug manufacturing; damage to the property
beyond normal wear; reports of violence or threats to landlords or neighbors; 
allowing persons not on the lease to reside on the premises; and failure to give
proper notice when vacating the property.

Also, you will be turned down if a previous landlord would be disinclined to
rent to you again for any reason pertaining to lease-violations by you, your pets,
or others allowed on the property during your tenancy.

----------------------------

Check your local laws for the behaviors you can list in this type of requirement.
The preceding example uses a combination of violations listed in one state's
landlord/tenant law and the suggested screening criteria for landlords and rental
agreement requirements commonly used by landlords.

----------------------------

There is a $___ earnest deposit, conditionally refundable. If you are accepted
as a tenant, the deposit will be applied to your security deposit. If you withdraw
your application after we have incurred screening expenses, we will not refund 
your deposit. In all other cases, the deposit will be refunded.

----------------------------

This is another policy that may not be legal in all states. For landlords who can
use it, the key is to ensure that every applicant who does apply is committed to
renting the unit, so the landlord does not waste time and money screening
applicants who are not planning to rent. This requirement may also discourage
some people involved in illegal activity from applying. See the discussion on
page 34 for more on this topic.

----------------------------

We will accept the first qualified applicant.

----------------------------

In the interest of ensuring that you meet the requirements of fair housing law,
this is the best policy to set. Take applications in order, noting the date and time
on each one. Start with the first application. If that applicant meets your
requirements, go no further--offer the unit to the first applicant. This is the
fairest policy you can set, and it helps ensure that you do not introduce
inappropriate reasons for discriminating when choosing between two qualified
applicants.

Rental Agreement

Some landlords post a copy of the rental agreement next to their screening
requirements; others offer a copy of the rental agreement to anyone who wishes
to review it. The key is to make sure that each applicant is aware of the
importance you place on the rental agreement. In addition, you may want to
set a procedure to ensure that every applicant is aware of the key elements of
the agreement that limit a tenant's ability to allow others to move onto the
property without the landlord's permission. One approach is the following:

----------------------------

If your application is accepted, you will be required to sign a rental agreement
in which you will agree to abide by the rules of the rental unit or complex. A
complete copy of our rental agreement is available for anyone who would like
to review it. In particular, in addition to other important requirements, please
note that your rental agreement will:

o Require that you prevent all household members, guests, and visitors from
engaging in any lease-violating behavior.

o Forbid you and any member of your household, or your guests, from 
engaging in illegal drug use, sale, manufacture, distribution, or other criminal
activity on or near the property.

o Limit your ability to allow guests to stay for long periods without the advance
permission of the landlord.

o Provide that serious or repeated violations of the lease requirements on
these items, or any other item addressed by the rental agreement, will result in
termination of your rental agreement.

Please read the rental agreement carefully, because we take each part of the
agreement seriously. The agreement has been written to help us prevent illegal
activity from disturbing the peace of our rental units and to help make sure that
our tenants are given the best housing we can provide.

----------------------------

Other Forms and Procedures

At this point, you may want to post information, as applicable, about waiting list
policies, security deposits, prepaid rent, pet deposits, check-in/check-out
forms, smoke detector compliance, and other issues relating to rental of the
unit.

Regarding "Borderline" Applicants

The preceding criteria include a number of examples in which exceptions can
be made in borderline cases if the applicant can provide a cosigner. Alternately,
some flexibility can be introduced by setting rules that require borderline
applicants to provide larger deposits or more prepaid rent (check local law 
for limits on additional amounts that can be charged). Introducing such flexibility
in your application process can ensure, for example, that you do not turn down
good applicants who have a single justifiable problem on their credit report.
Use of such conditions can result in a fairer process for your applicants as well.
As with all aspects of managing rental housing, apply your policies for
borderline applicants consistently regardless of the protected class of the 
applicant.

Application Information: What To Include

The best approach to drafting a rental application is to avoid reinventing the
wheel--contact a local legal publishing company, a rental housing association,
or your own attorney for copies of appropriate forms that are currently in use.
Whether you are using application forms or rental agreements, make sure you
have forms that are designed specifically for the laws that govern your area and
are up to date with any recent changes in these laws.

Required information on most standard forms includes the following:

o Full name (first, middle, and last).

o Date of birth (check local law for regulations that may impact the legality of a
landlord asking for date of birth on an application).

o Driver's license/I.D. number and state where it was issued.

o Social security number (this is necessary for a credit check).

o Name, date of birth, and relationship of all people who are going to occupy
the premises.

o Name, address, and phone number of last two landlords.

o Income/employment history for the past year. Income or salary information
should include contact/supervisor's name, phone number, and address. If the
applicant is self-employed, require a copy of the business license, tax returns,
bank records, or client references.

o Additional income. It is necessary to list only the income that the applicant
wants to include for qualification.

o Credit and loan references, including auto payments, department store and
other credit cards, or other loans.

o Bank references, including the name, address, and phone number of the
bank, as well as the applicant's account number.

o Name and phone number of a person to call in case of an emergency. 

o Information about pets.

The following question is not typically on standard forms, but could be added
as a standard question for all: 

In the last __ years, have you, or any other person named on this application,
been convicted of dealing or manufacturing illegal drugs? (You could also ask
about other types of crime that would constitute a threat to the health, safety, or
welfare of other tenants or neighbors--burglary, robbery, sexual assault,
and child molestation are common examples.) 

If you are going to use this question make sure you include it on all application
forms.

Of course, if an applicant has been convicted, he or she may lie about it.
However, if you discover that an applicant has lied on the application, you have
grounds for denying the application or, with the right provision in your lease,
terminating the tenancy. Also, this is one more warning to dishonest tenants that
you are serious in your resolve to maintain a safe and well-run property.

Fees and Application Deposits

In some states, landlords charge an application fee to defray the cost of
screening potential tenants. Other landlords require an earnest money deposit at
the time of application to make sure the applicant is serious about renting the
unit. While policies vary, most stipulate that, if the applicant is accepted but
chooses not to rent the apartment, the fee or deposit will not be refunded. The
practice of charging a fee or deposit has the following prevention benefits:

o Fees and deposits can promote "self-screening." People who are planning
illegal activity may recognize your fee as further indication of your commitment
to screen carefully. Further, such a policy can discourage people who plan to fill
out multiple applications, waiting to set up a drug operation wherever they are
accepted first. 

o Fees and deposits can save you time. You will spend less time screening
people who are not fully committed to renting the unit. Also, with a financial
commitment involved, an applicant might take an extra few minutes to make
sure every line on the application is filled in completely and accurately--making
your verification process that much easier. Your best investment of the time you
save is to spend it screening each applicant more thoroughly.

Charging an earnest money deposit, or an application fee, is not for every
landlord. In addition, because of the potential for abuse, local landlord/tenant
laws often regulate policies associated with deposits and fees, so check your
local law to ensure that the policy you set is acceptable. Unless deposits are
regulated differently in your area, we suggest the following approach as a fair
policy:

o Keep it reasonable. For example, charge enough to cover the direct
out-of-pocket costs of screening a single applicant, but not more (e.g., the cost
of a credit check or the amount you pay a screening company). Remember, the
major value of charging an application fee or collecting a deposit is to make
sure the applicant is committed to renting the unit--the fee will not necessarily
cover all the costs you incur to screen applicants.

o Keep it fair. Return fees or deposits to all honest applicants who were not
given the opportunity to rent the unit. Return the money even if you incurred
some screening costs for those applicants. If honest applicants are required to
pay a fee even when they are not offered an apartment, the cost of just finding
housing can become prohibitive.

For more information about fee and deposit policies, as well as guidance on
appropriate forms to use, contact a local property management association or
an experienced landlord/tenant attorney. Managers running multifamily units
may also wish to consult those same sources about a related issue--how to
implement a fair waiting list policy for qualified applicants who are willing to
wait for an available unit.

How To Verify Information

Many landlords are surprised to receive calls from other landlords inquiring
about the quality of a past tenant; apparently it does not happen often enough.
As one landlord put it, "You can spend $100 in time and money up front or be
stuck with thousands later." As another put it, "Ninety-nine percent of these
problems can be avoided through effective screening. There is no better
investment you can make."

As you review the following list, keep in mind that you will not have to complete
every step for each applicant, but the basics, in bold letters, should be done
every time. If you implement no other recommendations in this manual,
implement these. 

1. Compare the I.D. to the information given. Make sure the photo I.D.
matches the applicant and the information matches that given on the application
form. If the picture, address, and numbers do not match the application
information, find out why--you may have cause to turn down the application.
Unless obvious inconsistencies can be explained and verified to your
satisfaction, you do not have to rent to the applicant.

2. Have a credit report run and analyzed. A credit report will provide
independent verification of much of the application material, such as past
addresses, court-ordered evictions, credit worthiness, and past-due bills. The
reports are not foolproof, but they provide a good start. To receive copies of
credit reports, try these options:

o Join a credit bureau directly. If you are managing a number of units and are
likely to screen multiple applicants every month, you may find it cost-effective
to join a credit bureau directly and spend the time to learn how to interpret their
reports. While this is an option, note that even some very large management
companies go through associations or contract with applicant screening firms to
gain the benefit of their outside expertise.

o Have a third party pull the report and offer interpretation. If you are not
screening a sufficient volume of applicants or would like assistance interpreting
the reports, contact an applicant screening firm or local rental housing
association for assistance. Services vary from organization to organization, and
you should shop for the organization that best meets your needs. At one end of
the spectrum are organizations that handle the entire applicant screening
process for you. At the other end of the spectrum are organizations that simply
pull the reports and mail you a copy. There are many variations between these
options.

3. Independently identify previous landlords. The most important calls you
make are to the previous landlords. The best indicator of a tenant's future
behavior is his or her past behavior. To begin, verify that the applicant has given
you accurate information. 

o Verify the applicant's past address through the credit check. If the addresses
on the credit report and the application do not match, find out why. If they do
match, you have verification that the tenant actually lived there.

o Verify ownership of the property through the tax rolls. A call to the county
tax assessor will give you the name and address of the owner of the property
that the applicant previously rented. Title companies and real estate brokers
typically have ready access to this information as well. If the name on the tax
records matches the one provided by the applicant, you have the actual
landlord. If the previous landlord listed on the application does not match the
owner listed on the tax rolls, the listed landlord could still be
legitimate--sometimes tax rolls are not up to date, property may have changed
hands, the owner may be buying the property on a contract, or a management
company may have been hired to handle landlord responsibilities. Most of these
possibilities can be verified. If nothing else, a landlord who is not listed as an
owner on the tax rolls should be familiar with the name of the person who is
listed, so ask when you call.

o If possible, cross-check the previous landlord's phone number with the
phone book. This may uncover the possibility of an applicant giving the right
name but a different phone number (e.g., the phone number of a friend who will
pretend to be the previous landlord and vouch for the applicant). If the owner's
number is unlisted, you will have difficulty verifying the accuracy of the number
provided on the application. The local phone company may be willing to give
you the name of the person whose number is listed on the application.

Now you have verified the previous landlord's name, address, and perhaps
even his or her phone number. If the applicant gave you intentionally false
information, deny the application. If the information matches, call all previous
landlords listed on the application.

Remember, if the applicant is currently renting somewhere else, the present
landlord may have an interest in moving the tenant out and may be less inclined
to speak honestly. In such an instance, your best ally is the landlord before
that--the one who is no longer involved with the tenant. Be sure you locate and
talk to a past landlord with no current interest in the applicant. 

4. Have a prepared list of questions that you ask each previous landlord.
Applicant verification forms--generally available through rental housing
associations or through legal publishing companies--give a good indication of
the basic questions to ask. You may wish to add other questions that pertain to
your screening criteria. In particular, many landlords we spoke with use the
question, "If given the opportunity, would you rent to this person again?"

Also, if you suspect the person is not the actual landlord, ask about various
facts listed on the application that a landlord should know--the address or unit
number previously rented, the zip code of the property, the amount of rent paid.
If the person is unsure, discourage requests to call you back and offer to stay
on the line while the information is looked up. 

5. Get cosigners if necessary. If the applicant meets one of your defined
"borderline" criteria--such as having rented from a relative previously--and you
have posted the appropriate rule, require that a cosigner apply with the
applicant. Verify the credit and background of the cosigner just as you would a
rental applicant. To ensure the legal strength of the cosigning agreement, you
may wish to have your attorney draw up a document to use for such purposes.

6. For Section 8 renters, hand deliver a written request for information to your
local PHA. This process is dependent on your local PHA's procedures and
thus will not be available in all areas. In a nutshell, once you have a signed
release from the applicant, you may be able to verify information on the
application against that contained in the PHA's files.

7. Verify income sources. Call employers and other contacts using phone
numbers from the phone directory. If an applicant is self-employed, get copies
of bank statements, tax returns, business licenses, or a list of client references.
Do not cut corners here; many drug distributors wear pagers, have cellular
phones, and generally appear quite successful, but they cannot verify their
income with tax returns, bank statements, or references from established clients.

8. Consider checking for criminal convictions. The process for obtaining
criminal background information will vary by state, but you typically will have
the right to obtain such information. Outcomes of court proceedings are
generally in the public record and can be obtained through the local court
system. Note, however, that many law enforcement agencies may not be able
to disclose information about someone's criminal background. If your local
police agency cannot release information on criminal convictions, this does not
necessarily mean the information is unavailable; it may only mean that the
information is not available through that channel. Again, you may need to go
directly to court records to obtain the information you need. There may also be
private tenant screening firms in your area that will do criminal background
searches for you. Your chances of getting verifiable information are better if you
have the applicant's name, date of birth, social security number, and current
address.

One cautionary note: Many attorneys advise that convictions--but not
arrests--may be used as a basis for rejecting an applicant. Patterns of arrest
have proved to be discriminatory against protected classes and, as such, would
be inappropriate to use as a screening criterion. Finally, resist the urge to rely
too heavily on this screening technique--there are many drug criminals who
have not yet been convicted of a crime. 

9. Verify all other information according to your screening criteria. Remember,
before you call employers, banks, or other numbers listed on the application,
verify the numbers through your local phone book or long distance directory
assistance.

A Note About Hiring

Many rental property owners hire people to assist with tenant screening, routine
maintenance, and other tasks. It is critical that resident managers and other
"agents" of the landlord be screened even more thoroughly than applicants for
tenancy. In general, when an employee breaks the law while on duty, both the
employee and the employer can be held responsible by the party that is harmed
by the action. When an employee violates an element of rental housing law your
potential liability should be reason enough for extra screening efforts in the hiring
process.

One screening tool for job applicants that you will want to seriously consider is
a criminal conviction check, even if you do not check criminal backgrounds on
prospective renters. Once property managers are hired, make certain they are
trained in effective applicant screening and in the warning signs of dishonest
applicants. Be sure property managers understand and follow the requirements
of fair housing laws as well.

How To Turn Down an Applicant

In general, if you have posted fair rental criteria and you screen all applicants
against those criteria, you may safely reject an applicant who does not meet
your guidelines. Opinions vary regarding the amount of information that is
required to be given to an applicant who is denied a rental unit. (Note: if you
are managing public housing or publicly subsidized units, your disclosure
requirements may be greater than the ones described here.) We recommend, at
minimum, following the guidelines for denial of credit defined by the Federal
Government in the Fair Credit Reporting Act (FCRA). Check to see if your
local jurisdiction requires additional disclosure.

The following is intended as a general overview of how it works for two
different types of applicant rejections. See the law itself for an exact
description.[3]

o If the rejection is based on information, in whole or in part, from nonpaid
sources (the word of a previous landlord, for example): While you are not
required to disclose immediately your reason for rejecting applicants in these
situations, you are required to advise applicants of their right to submit, within
60 days, a written request for that information and their right to a response from
you, within a reasonable period of time, disclosing the nature of the information
upon which the adverse decision was made.

Sample wording: "Based on a check of information you provided in your
application, you do not meet our posted rental criteria. If you have questions
about this decision, you may submit a request in writing to (your name and
address) within 60 days, and we will explain the basis for the decision within a
reasonable period of time."

Of course, if you receive such a request, then you should report the nature of
the information upon which the adverse decision was based. Again, if your
screening criteria are free of illegal discrimination and you have applied your
criteria consistently, then you may safely reject applicants who do not measure
up.

Note this small additional requirement if the rejection is based on information
from a person who is your "affiliate" (e.g., a coworker or co-owner): The
process is identical to that described above, except that the required response
time is specifically stated--30 days or less from the date the landlord receives
the rejected applicant's written request.

Of course, when possible, keep it simple. For example, if you are turning
down an applicant simply because you accepted an earlier applicant, just say
so. Or, if one look at the application indicates that the person doesn't have
nearly enough income to rent the unit, don't make the applicant wait a week to
find out--again, just say so.

o If the rejection is based, in whole or in part, on information from a credit
report, screening company, or other organization that you pay to provide
screening information: Because of the potential for abuse of, or misinformation
in, credit reports, the Fair Credit Reporting Act requires that very specific
information be provided to applicants who are rejected based on information
obtained from a consumer reporting agency. While the information may be
provided orally, it is a good idea to give written notification just to make sure
your are in full compliance with the Act. The following is intended only as a
brief orientation. The screening company or other consumer reporting agency
you work with should be able to answer your questions and provide you with a
simple, written form to help ensure you are in full compliance with the Act. 

In situations where adverse decisions are based, in whole or in part, on
information from a consumer credit report, a landlord is required to provide the
rejected applicant all of the following information:

o Notice of the rejection. Sample wording: "Based on information we have
received from your credit report (or other paid source) you do not meet our
written rental criteria and we have therefore chosen to deny your application for
tenancy." 

o The name, address, and telephone number (including a toll-free number if the
agency is one that keeps nationwide consumer files) of the consumer reporting
agency used that furnished the information.

o That the consumer reporting agency did not make the decision to reject the
applicant and therefore it is likely that they will not be able to explain the reason
for the adverse decision.

o That the applicant has the right to contact the consumer reporting agency
within 60 days to receive a free copy of his or her report.

o That the applicant has the right to dispute the accuracy or fairness of
information in a consumer report furnished by the consumer reporting agency. 

(Note: Have applicants get a copy of their consumer report directly from the
credit reporting agency, rather than, for example, providing the applicant with a
photocopy of the report you received.)

Again, in the interests of proving you have met disclosure requirements, you
may want to hand out an information sheet with the disclosure process
described and appropriate addresses provided. Contact a local property
management association for more details, and again, check your local law for
additional disclosure requirements.

Other Screening Tips and Warning Signs

The following are additional tips to help you screen applicants. You should also
be familiar with the warning signs described in the "Warning Signs of Drug
Activity" chapter of this manual.

o Consider using an "application interview." Some landlords have started
conducting a brief oral interview, often at the same time they accept the written
application. Landlords who use this approach find it has these advantages: First,
applicants don't know which questions are coming, so it is harder to make up a
story--something that shouldn't bother an honest applicant, but may uncover a
dishonest one. Second, the landlord has the opportunity to watch responses
and take mental notes of answers that seem suspicious. For example, honest
applicants usually know their current phone number or middle name without
having to look it up.

The interview involves, at minimum, making sure the applicant can repeat
basic information requested on the application form without reading it. For
example, the landlord might ask the applicant to verify his or her full name,
current phone number, current address, and other pieces of information that
most honest applicants will know without having to look up.

As with all policies you set, if you decide to do application interviews, you
should include a commitment to making reasonable accommodations for those
who cannot comply due to status in a protected class--e.g., a handicap that
causes a speech problem or language skills associated with a particular national
origin.

If you choose not to use an interview approach, at minimum observe the way
the application is filled out. Applicants may not remember the address of the
apartment they lived in 2 years ago, but they should know where they live now,
or just came from. Generally, honest applicants can remember their last
address, the name of their current landlord, and other frequently needed facts
about their life.

o Consider a policy requiring that applications be filled in onsite. Some
property managers require all application forms to be filled in on the
premises--an applicant may keep a copy of the form only after it has been filled
in and signed and a copy has been left with the landlord or manager. Applicants
who are unsure of some information should fill in what they can and come back
to fill in the rest. Such a policy should not be a barrier to honest applicants--in
most cases, they would have had to return to bring back the signed application
anyway. However, this policy can hamper the ability of dishonest applicants to
fabricate a story.

Assuming you have communicated your commitment to keeping illegal activity
off your property, such a policy may also allow dishonest or dangerous
applicants to exit with minimal confrontation--leaving without an application in
hand that they are less likely to complete. Once off the premises, they may
simply choose not to return. 

Again, if you use such a policy, make sure it includes reasonable
accommodation for otherwise qualified people whose particular handicap or
other protected characteristic would cause this policy to be a barrier to their
application. 

o Watch for gross inconsistencies. When an applicant arrives in a brand new,
luxury sports car and fills out an application that indicates an income of $1,000
a month, something is not right. There are no prohibitions against asking about
such an inconsistency or even choosing to deny the applicant because the style
of living is grossly inconsistent with the stated income. You may also deny the
applicant for other reasons that common sense would dictate are clearly
suspicious (credit reports also can reveal such oddities--for example, if the
applicant is paying out much more per month to service credit card debts than
the applicant is taking in as income). Many landlords do not realize that unless
such a decision would cause a disproportionate rejection of people of a
protected class (such as race, color, religion, and other characteristics) the law
allows room to make such judgment calls.

Although you may not discriminate on the basis of race, color, religion, gender,
handicap, national origin, familial status (the presence of children), or other
classifications that may be added by your state or local jurisdiction, you may
discriminate on the basis of many other factors provided the effect is not a
disproportionate denial of a protected class. If you deny an applicant for such a
reason, record your evidence and the reason for your decision. Be careful when
making decisions in this area, but do not assume your hands are tied. The law is
written to prevent discrimination against protected classes. You are not
required to look the other way when gross inconsistencies are apparent.

o Be aware that people involved in illegal activity may use "fronts" to gain
access to your property. You may rent to someone who has an acceptable
rental history and no record of illegal activity, yet once that person moves in,
boyfriends, girlfriends, other acquaintances, or family members may move in
and begin dealing drugs and committing other crimes or causing nuisances. In
some cases, the people to whom you thought you rented do not move in at
all--after using their good references to rent the unit, they give the key to drug
dealers for a fee. Work conducted with landlords across the nation has
repeatedly shown that when illegal activity is based in rental property, rarely is
the worst of the behavior committed directly by the tenant--more commonly it
is committed by guests, visitors, or unauthorized roommates, who are on the
property with the tenant's permission. This is why, nationally, it is the permission
granted by irresponsible tenants, to guests and others who have not signed the
rental agreement, that results in some of the greatest harm to the quality of life in
rental communities--both public and private.

Warning applicants that they will be held accountable for the actions of their
guests and enforcing such a requirement with your tenants are key to protecting
your property and the surrounding neighborhood. Make sure your tenants
know that they must control their guests and that, if they cannot do so, they
should ask for help quickly. Further, in most states, rental agreements may
specify that only people named on the agreement are allowed to use the unit as
their residence. Make sure such a stipulation is in your rental agreement (to the
degree permitted by your state law) and point it out to all applicants,
emphasizing that having another person move in requires submitting an
application for that person and allowing you to check their references before
permission is granted.

If you make it clear you are enforcing these rules only to prevent illegal activity,
you may discourage potential drug dealers and keep good tenants feeling more
protected. You can also address the concerns of good tenants if you assure
them that you will not raise the rent because an additional person moves in. For
more about this issue, see the section on Rental Agreements beginning on page
31.

o Watch out for Friday afternoon applicants who say they must move in that
very weekend. Drug dealers know that you may not be able to check
references until Monday, by which time they will already be in the rental unit.
Tell the applicant to find a hotel or a friend to stay with until you can check
references. Could it cost you some rent in the short run? Yes. Will it save you
money in the long run? Absolutely. Ask any landlord who has dealt with a drug
problem in a rental unit; it is worth avoiding. (Some landlords allow weekend
applicants to move in if they can independently verify their story, but you are
better off waiting until you can verify the entire application.)

o Observe the way applicants look at the unit. Do they check out each room?
Do they ask about other costs, such as heating, garbage service, and others?
Do they visualize where the furniture will go, which room the children will sleep
in, or how they will best make use of the kitchen? Or did they barely walk in
the front door before asking to rent, showing a surprising lack of interest in the
details? People who are planning an honest living care about their home and
often show it in the way they look at the unit. Some people who rent for illegal
operations forget to pretend they have the same interest.

In addition, if the applicant shows little interest in any of the property except
the electrical service, take note--both methamphetamine labs and marijuana
growing operations can include rewiring efforts.

o Consider alternate advertising methods for your property. Rental properties
that are within a few miles of colleges or business parks may be desirable
housing for students or professionals. Some landlords have found success in
posting advertising at such locations, thus targeting people who already have a
credible connection with the community.

If you are considering using alternate advertising, keep in mind that fair
housing guidelines apply to all aspects of managing rental housing, including
advertising selection. Advertising through community colleges only may be
acceptable, because such colleges typically enroll a broad cross-section of the
community. But it would be inappropriate to advertise exclusively through a
church newsletter or through the newsletter of a private club where the
membership is not representative of the greater community because such
approaches could establish patterns of inappropriate discrimination. Either
expand your media selection or change it altogether to make sure you are
reaching a fair cross-section of the public.

o Consider driving by the tenant's current residence. Some property managers
consider this step a required part of verifying every application. A visual
inspection of applicants' current residences may reveal much about what kind of
tenants they will be. Be sure you are familiar with visual indications of drug
activity before you look at previous residences.

o Announce your screening approach in your advertising. Some landlords have
found it useful to add a line in their advertisements announcing that they carefully
screen applicants or that they run credit checks. The result can be fewer
dishonest applicants choosing to apply. Select your wording with care--you do
not want to use phrasing that in your community might be interpreted as "code"
telling a protected class that they need not apply. Again, it is important to
ensure that the opportunity to apply for your units--and to rent them if
qualified--is open to all people regardless of race, color, religion, gender,
handicap, national origin, familial status, and any other classifications that may
be granted civil rights law protection in your jurisdiction.

----------------------------

Rental Agreements

The Basics

Minimize misunderstandings between you and your tenant, thus building a basis
for fair problem resolution down the road.

----------------------------

Get it in writing.

Advice Given:

"We've solved a lot of problems by using the right paperwork at the beginning
of the rental term--it improves our legal position and lets the tenant know we
are serious from the start."

----------------------------

Use a Current Rental Agreement

Many property managers continue to use the same rental agreements they
started with years ago. Federal and state laws can change annually, and case
law is constantly evolving. Using an outdated rental agreement may cause a
landlord to give up important rights. If a problem tenant chooses to fight an
eviction by going to court, an outdated rental agreement could cost the landlord
the case.

Sources for up-to-date rental agreements vary by state. In many areas property
management associations provide rental forms and consider it their job to make
sure the forms are consistent with current law. Local legal document publishing
companies also may be good sources for effective rental agreements. Unless
you are planning to work with your own attorney to develop a rental
agreement, purchase updated forms from one of the sources. Be sure,
however, that you are buying a form that was developed for the laws in your
state--"generic" rental agreements sold nationwide will not work as well as
more tailored agreements. 

Month-to-Month or Long-Term Lease?

Laws regulating the enforcement of lease terms vary significantly by state. In
many states a landlord can use a month-to-month rental agreement that allows
either party to terminate the tenancy, without specifying a cause, on short
notice--30 days in many cases. In some jurisdictions the "no-cause" notice
is not an option, in which case--from the land-lord's perspective--every tenant
has a long-term lease.

Part of the process for determining which type of contract to use is
understanding the effect of the agreement on your power to evict. Although the
maximum power to evict is gained by using a month-to-month rental agreement
whenever it is legal to do so, such an arrangement may not be best in every
situation. Market factors, as well as the expectations of local landlords and
tenants, also will play a role in determining the best approach.

Regardless of the type of agreement used, keep in mind that no tenant is
protected from a landlord's enforcement action if he or she violates local
landlord/tenant laws or does not comply with a legal provision of the rental
agreement. If tenants are in violation of the law or are not in compliance with
the lease, a landlord may serve notices that require the behavior to be corrected
or the tenants to move out.

Also remember that, although the terms of your rental agreement are important,
even the best rental agreement is not as valuable as effective applicant
screening. The most important part of any rental agreement is the character of
the people who sign it. No amount of legal documentation can replace the value
of finding good tenants.

Elements To Emphasize

Inspect the rental agreement you use to see if it has language addressing the
following provisions. If these elements are not in your rental agreement,
consider adding them. To gain the most preventive value, you will need to point
out the provisions to your tenant and communicate that you take your rental
agreement seriously. Note that this list is not comprehensive; it presents only
those elements that are occasionally overlooked and are particularly important
for preventing and/or terminating drug-related tenancies.

1. Subleasing is not permitted. The state statutes we have examined do not
regulate subletting, but do allow the landlord to do so. If your state's laws
follow the same pattern, this means that unless your rental agreement specifies
otherwise, your tenants have the right to sublet to whomever they please. Make
it clear that the tenant cannot assign or transfer the rental agreement and may
not sublet the dwelling. Or you could add the exception that tenants may not
sublet a unit unless the sublease candidate submits a complete application to the
landlord and passes all screening criteria. 

You must maintain control over your property. Often the people who run a
drug operation are not the people who rented the unit. This provision will not
stop all efforts to sublease, but it may prevent some subleasing, and it will put
you in a stronger position if you have to deal with a problem subtenant.

2. Only those people listed on the rental agreement are permitted to occupy
the premises. If the tenant wants another adult to move in, that person must
submit a completed application and pass the screening criteria for rental history.
The method and ability to enforce this type of rule will, again, vary from state to
state.[4] For example, you may need to define the difference between a "guest"
and a "resident." Since tenants are typically well within their rights to have
guests stay with them for short periods of time, it is generally inappropriate for
landlords to set rules that attempt to prevent the occasional overnight guest.
However, it is appropriate for landlords to place limits on the ability of the
tenant to have other adults establish residence at the rental property without
permission.

Check with a local property management association or your own legal advisor
before setting this criterion. Assuring your tenant that you will take this clause
seriously may curb illegal behavior by nontenants. Specifying this stipulation in
the rental agreement will put you in a better legal position should a problem
arise. 

3. No drug activity is permitted on the premises. Make it clear that the tenant
must not allow the distribution, sale, manufacture, or use of controlled
substances on the premises. You could also prohibit other types of crimes, such
as prostitution or other felony-level criminal behavior, on the premises. While
these activities are already illegal, spelling them out in the rental agreement can
make it easier to serve eviction notices for these problems.

4. Tenants are responsible for conduct on the property. Tenants should
understand that they will be held responsible for their own conduct, as well as
for the conduct of others they allow on the property, including their children,
roommates, relatives, friends, guests, visitors, acquaintances, and even pets.
Generally speaking, landlord/tenant laws are designed to allow the tenant the
same "my home is my castle" right to privacy as that enjoyed by any
owner-occupant. However, with the right to private enjoyment of the "castle"
comes the responsibility to control what goes on there. Most landlord/tenant
laws address this issue, but spelling it out in the rental agreement may help as
well. For people who plan to "front" for illegal activity, this underscores the
point that they will be given as little room as possible to protect themselves by
claiming that acquaintances, and not themselves, were involved in the activity.
Wording this provision should be done with care. You may not go so far as to
hold victims responsible for the behavior of people who abused or intimidated
them into silence.

5. Tenants will not unduly disturb the neighbors. Make it clear that the tenant
will be responsible for making sure that all persons on the premises conduct
themselves in a manner that will not interfere with the peace of the
neighborhood. The issue here is not the occasional loud party. The issue is
prevention of chronic nuisance behavior that can severely affect a neighborhood
if the behavior is left unchecked. Generally, landlord/tenant laws set minimum
behavior requirements for tenants, so in many states a landlord could enforce
this type of requirement even if it has not been specified in a written rental
agreement.

What does disturbing the neighbors have to do with drug crimes? Perhaps
nothing. But we know that managers who attend to their own obligations and
require tenants to meet specified tenant obligations are far more effective in
preventing drug activity than managers who look the other way as complaints of
noncompliance roll in. It is almost never the case that a drug criminal's first
observed evictable offense is dealing or manufacturing narcotics.

Lease Addendum Forbidding Illegal Activity

Many rental owners have begun to attach an addendum to their rental
agreements spelling out specific crimes under state and local laws that will be
considered violations of the lease. A version of such an addendum is typically
provided at the trainings that accompany this manual. Before using such an
addendum, have your attorney review it.

While the behaviors proscribed in such addenda are generally already against
the law, spelling them out as prohibited in the lease may allow you additional
legal choices should you have to evict tenants for allowing or conducting
criminal behavior. Even more important, announcing your commitment to
maintaining safe housing through the use of such a lease addendum can be a
valuable tool for discouraging those planning criminal activity from moving in.

Inspecting the Property Prior to Moving In

Before signing the rental agreement, walk through the property with the tenant
and make a visual inspection together. Some landlords use check-in/check-out
forms developed for this purpose; others take photographs, which are then
signed by both parties; still others make a videotape with the tenant. Regardless
of the approach, agree on what repairs need to be made. Write an agreement
and have both parties sign it. Make any agreed-on repairs, and document that
they have been completed. Give copies of repair documentation to your tenants
and keep signed and dated copies in your files.

If your tenant damages the property, you have a way to prove the damage
happened after the tenant took possession of the unit. (Note: This also protects
tenants; the inspection can prevent an irresponsible landlord from trying to hold
a tenant responsible for problems that predated the tenancy.)

The inspection can reduce the likelihood of tenants damaging the premises. The
inspection also can protect you against the rare case of a tenant who may
attempt to block a legitimate eviction attempt by damaging the premises and
then claiming that the damage was preexisting. Note also that in some states, a
documented pre-move-in inspection is required in order for the landlord to be
able to claim any part of the security deposit to cover damages or other costs
beyond normal wear and tear when the tenant moves out.

Resident's Handbook

Many apartment managers, as well as some single-family housing managers,
provide a resident's handbook that spells out rules specific to the property
being rented. Landlord/tenant laws typically place restrictions on what types of
rules can be added, but, generally, property managers have found success with
developing guidelines that restrict excessive noise levels, define behavior for
common areas of the premises, and spell out rules for the use of facilities such
as pools or common laundry areas.

In general, managers of apartments may set additional rules for common areas
that are, in effect, "occupied" by management, not tenants. For example, as the
"occupant" of the common areas of an apartment complex, a manager may be
able to ask police to remove visitors who are engaged in fights or other
intimidating behavior in the courtyard of the complex. In these instances,
managers may exercise more direct, immediate control over problems in the
common areas of the property than they can over problems occurring on or
inside the specific, privately rented property.

Key Pickup

As a final preventive step, some landlords require that only a person listed on
the written rental agreement may pick up the keys to the rental property. This is
one more step to ensure that you are giving possession of the property to the
people on the agreement and not someone else.

----------------------------

Good Ongoing Management

The Basics

Maintain the integrity of the tenant/landlord relationship. Strengthen
communications between the landlord, tenants, and neighbors. Help build a
sense of community. 

----------------------------

What to do to keep the tenant/landlord relationship working.

Complaints Heard:

"The tenant moved out and someone else moved in without us knowing it. Now
we have drug dealers on the property and the courts insist they are legal tenants
even though they never signed a lease."

Advice Given:

"You need to follow one basic rule--you have to actively manage your
property. The only landlords who go to court are the ones who don't actively
manage their property."

"For most property managers the experience is one of putting out the brush fires
all day long. If property managers can take a more proactive approach to the
process, they can build an ever improving set of renters, avoid a lot of legal
hassles, and have fewer brush fires during the day."

"If your training teaches landlords nothing else, teach them that the neighbors in
an area are not their enemies."

----------------------------

Do Not Bend Your Rules

A key to good ongoing management of your property is demonstrating your
commitment to your rental agreement and to landlord/tenant law compliance.
Once you set rules, enforce them. Make sure you meet your responsibilities,
and make sure you hold your tenants accountable for meeting theirs. By the
time most drug problems are positively identified, there is a long history of
evictable behavior that the landlord ignored. Managers should remember:

o When aware of a serious breach, take action before accepting the next rent
payment. If a landlord accepts rent knowing that the tenant is breaking a rule,
but has not acted to correct the behavior, the land-lord could lose the right to
serve notice for the behavior. Landlord/tenant laws generally consider
acceptance of rent as an acceptance of lease-violating behaviors about which
the landlord has not objected. Further, regardless of the characteristics of your
local law, it does not pay to teach your tenants that they are allowed to break
the rules. So, at minimum, as soon as you discover violations of local
landlord/tenant laws or of your rental agreement, give tenants written notice that
they are required to correct the problem; then accept the rent.

o If someone other than the tenant tries to pay the rent, get an explanation.
Also, note on the receipt that the payment is for your original tenant only.
Otherwise, by depositing the money, you may be accepting new tenants or new
rental agreement terms. 

o If a person not on the lease may be living in the rental, pursue the issue
immediately. If you take no action to correct the behavior, and you accept rent
knowing the tenant has allowed other people to move in, you may have
accepted the other people as tenants. Either require the illegal subtenants to
submit a rental application or serve notice to require your original tenant to
remove the subtenants under threat of eviction if the action is not taken.

o Maintain habitability and fix code violations at the property quickly.
Maintaining habitable housing for tenants is the most important of a landlord's
responsibilities. In addition, as discussed earlier, failure to maintain a unit could
compromise a landlord's eviction rights. Tenants may be able to use a
"retaliation" defense when a landlord attempts to evict them after a complaint
that the rental is substandard.

o When a tenant does not pay rent, address the problem. Some landlords have
let problem tenants stay in a unit not just weeks but months after the rent was
overdue. While flexibility is important in making any tenant/landlord relationship
work, be careful about being too flexible. There is a big difference between
being willing to receive rent late during a single month and letting your renters
occupy the unit indefinitely without paying rent. In general, a nonpayment notice
(directing the tenant to pay within a brief period of time or to vacate) is one of
the fastest termination notices available to a landlord.

o If neighbors call to complain of problems, pursue the issue. Although it does
happen, few neighbors call landlords about minor problems. If you get a call
from a neighbor, find out more about the problem and take appropriate action.
If there are misunderstandings, clear them up. If there are serious problems with
your tenants, correct them. The "Crisis Resolution" chapter provides additional
information about steps to take if a neighbor calls to complain.

If you respect the integrity of your own rules, the tenant will too. If you let things
slide, the situation can deteriorate quickly. Pursuing problems immediately may
mean more work initially, but once the tenants are accustomed to your
management style it is less likely that you will be surprised by serious problems
later.

Responsibilities Defined

For a legal description of the responsibilities of landlords and tenants, review
your local landlord/tenant law, local maintenance codes, and the requirements
of the Section 8 program, if it applies to your units. You should also, to state
the obvious, check your rental agreement. Rental agreements typically spell
out various responsibilities of both the landlord and the tenant. The following is
an overview of the typical responsibilities of both parties.

Landlords

A landlord's responsibilities typically fall into three areas--the condition of the
premises as delivered to the tenant, the obligation to maintain the unit once it is
occupied, and the obligation to respect the rights of the tenant. A landlord's
responsibilities generally include the following:

o Before move-in, providing the tenant with a clean, sanitary, and safe rental
unit. This typically means the unit should be cleaned, garbage and debris from
previous tenants should be removed, pest control problems should be
addressed as appropriate, various systems (plumbing, electrical, heating)
should be working appropriately, the unit should be adequately
weatherproofed, the structural integrity of the unit should be maintained (e.g.,
no rotting steps), fire safety issues should be addressed (e.g., smoke detectors
installed and access to secondary exits ensured), working locks should be
installed, and any other potential safety hazards should be addressed.

o After move-in, making sure the unit remains habitable. For occupied units,
landlords generally are responsible for all major repairs and are granted both
the power and the responsibility to make sure that tenants are doing their part
to maintain the habitability of the unit. For example, although the law and the
rental agreement may both require that the tenant do sufficient housekeeping to
keep the unit free of sanitation problems, if the tenant is not doing so, it is
generally the landlord's responsibility to require the tenant to correct the
problem, typically by serving a notice that would require the tenant to remove
garbage or vacate the premises.

o Respecting the tenant's right to private enjoyment of the premises. With
some specific exceptions for activities, such as serving notices, conducting
maintenance inspections, doing agreed-upon repairs, or showing the unit for
sale, the landlord must respect the tenant's right to private enjoyment of the unit
in much the same way that an owner-occupant's right to privacy must be
respected. In those areas where a landlord does have a right to access, the
landlord must generally follow a specific notification process before entering the
rented property.

o Avoiding retaliation against a tenant. Generally, a landlord may not retaliate
against a tenant who is legitimately attempting to compel the landlord to meet
his/her responsibilities. For example, a landlord may not increase rent, decrease
service, attempt to evict, or take other retaliatory action in response to a tenant
asking a landlord to repair a wornout furnace, fix a rotting step, or take other
actions that fall within the landlord's responsibility under the law.

o Avoiding illegal discrimination. Nationwide, landlords may not discriminate
on the basis of a tenant's (or applicant's) race, color, religion, gender, handicap,
national origin, or familial status. Your state and local laws may include
additional protected classes. This means that you may not use such class
distinctions to screen applicants or to treat tenants differently once you enter
into a rental agreement. For more information about the application of civil
rights laws, see the "Applicant Screening" chapter of this manual.

o Enforcing the terms of the rental agreement and landlord/tenant law. While
both the rental agreement and the law will identify various required behaviors of
tenants, in general it is up to the landlord to make sure the tenant complies. If
the tenant is not in compliance, the law generally gives landlords the power to
serve various types of "cure" and "no-cure" notices to correct the behavior or
require the tenant to move out. Unless the landlord takes action to correct the
problem, there are few other mechanisms to correct difficulties associated with
problem tenants. (Of course, if your problem tenants are involved in criminal
behavior for which there is enough evidence to make an arrest, the police may
be able to arrest the tenant and, if convicted, that person may serve jail time.
However, although arrest may remove the tenant from the property, you may
still need to serve an eviction notice to regain possession of the property. See
"The Role of the Police" chapter of this manual for more information.)

Tenants

A tenant's responsibilities are generally to ensure that no harm is done to the
unit and to pay the rent. Those responsibilities usually include the following:

o Doing basic housekeeping, complying with the rental agreement, and
avoiding harming the unit. In addition to complying with rental agreement
provisions, tenants are typically required to use the premises in a reasonable
manner, cause no damage to the unit beyond normal wear and tear, keep the
premises free of accumulations of garbage and other waste, and do sufficient
housekeeping to avoid safety and sanitation hazards. Some landlord/tenant laws
also spell out a requirement that tenants be good neighbors--that tenants and
their guests may not disturb the peace of other neighbors. Also, from a civil
standpoint, tenants are generally considered responsible for the behavior of
others they invite onto the premises. For example, tenants typically cannot
defend a landlord's eviction action by claiming that all alleged violations were
committed by friends who visited regularly.

o Paying rent. Landlords have the right to receive rent for the use of their
property, and tenants have an obligation to pay it. Exceptions exist only in those
circumstances where landlord/tenant laws allow tenants to withhold rent when a
landlord refuses to meet the landlord's responsibilities. For example, if a
landlord refuses to fix a broken furnace, the tenant may have the right to
withhold rent until the repairs are made. In such a circumstance, the tenant may
be able to collect other fines or financial penalties from the landlord as well.

o Enforcing the terms of the rental agreement and landlord/tenant law. Just as it
is up to landlords to make sure that tenants comply with the rental agreement
and landlord/tenant law, tenants generally hold the primary responsibility for
making sure their landlords comply with the law. Tenants have various powers
to withhold rent and/or take other action to cause a landlord to comply.
Specific agencies can assist in enforcing the law for some problems--problems
associated with building code violations and fair housing issues are two
examples. However, the enforcing agencies often do not get involved unless
they are first notified by the tenant. Therefore, chief among the powers generally
granted to a tenant is protection from the landlord's retaliation for a tenant's
attempt to assert a right defined in the law.

Property Inspections

A cornerstone of active management is regular property inspections. Unless you
inspect your property, you can't be sure you are meeting your responsibility to
provide safe and habitable housing. As mentioned earlier, maintaining habitable
property protects your rights as well. If a dishonest tenant also can claim that
you are not meeting your responsibilities, you may have difficulty succeeding
with an eviction. Conversely, if it is clear you make every effort to meet your
responsibilities (and you document it) a tenant will be less inclined to fight an
honest eviction effort.

While the purpose of a maintenance inspection is to care for the unit and ensure
its habitability, regular inspections also will deter some types of illegal activity.
For example, if tenants know that the landlord actively manages the property,
tenants may be less likely to make illegal modifications to the unit in order to set
up a marijuana growing operation. Illegal activity is less likely to occur at a
property where the landlord has a reputation for concerned, active
management. Inspections can also help catch problems associated with illegal
activity before such activity becomes more serious. For example, it is common
for drug dealers to cause damage to a rental unit that is way beyond normal
wear and tear--a problem that could be observed, documented, and addressed
through the process of a regular inspection program. 

The key to successful property inspection is to avoid an unnecessarily
adversarial approach. A properly conducted inspection program should be
welcomed by your honest tenants. Steps you may take include the following:

1. Set an inspection schedule and follow it. At minimum, perform inspections
every 6 months. It is rare that a home does not need some maintenance or
repair work at least twice a year.

2. Use the inspection/notice procedures defined by local law. Generally,
landlords have the right to perform maintenance inspections of rental property if
the tenant is given proper notice. However, each state sets its own limits on the
conditions under which a landlord may enter an occupied rental unit. If the
inspection is routine, keep the approach friendly. Call the tenant in advance and
follow up by serving the inspection notice according to the methods defined in
local law. To help address all maintenance needs efficiently, ask tenants to note
any concerns they have in advance of the inspection date. 

3. Find and address code and habitability problems. When you inspect the
property, check for maintenance problems and handle any necessary routine
maintenance, such as replacing furnace or air conditioning filters or putting fresh
batteries in a smoke detector. Discuss with the tenants any concerns they may
have. Make agreements to remedy problems; then make the repairs. 

Utilities

There are some instances when shutdown utilities are a symptom of drug
activity--as dealers or heavy users get more involved in drug use, paying bills
can become less important. 

Remember that if your lease stipulates that the tenant is responsible for utility
bills, and the tenant stops paying for those services, you have grounds for
serving a for-cause eviction notice requiring that tenants comply with the lease
terms or vacate the premises. Serving such notices may be particularly
important if shutting off a utility would result in the unit no longer meeting
habitability standards.

Keep a Paper Trail

It can be difficult to prove the existence of a verbal agreement in court. The
type of tenant who is involved in illegal activity and would choose to fight you in
court will know that. So keep a written record of your agreements, and provide
copies to the tenant. Allowing tenants to know that you keep records may be
enough to discourage those few who might consider making a false claim
against you. You will need to retain documentation that demonstrates your
good-faith efforts to keep the property habitable and shows any changing
agreements with a tenant--dated and signed by both parties.

Trade Phone Numbers With Neighbors

Landlords of single-family residential housing sometimes don't hear of
dangerous or damaging activity on their property until neighbors have written to
the mayor or until the police have served a search warrant. Often such a
situation could have been prevented if the landlord and area neighbors had
established better communication.

Find neighbors who seem responsible, concerned, and reliable. Trade phone
numbers and ask them to advise you of serious concerns. You will know you
have found the right neighbors when you find people who seem relieved to meet
you and happy to discover you are willing to work on problems. Conversely, if
neighbors seek you out, work with them and solicit their help in the same way. 

Note that landlords and neighbors tend to assume their relationship will be
adversarial. Address any such assumptions and remember that, if you both
want the neighborhood to stay livable, then you are on the same side and have
nothing to gain by fighting each other.

----------------------------

Apartment Watch/Promoting Community

The Basics

Form partnerships with tenants to work together toward the common goal of a
safe community.

----------------------------

Turning an apartment complex into a community.

Complaints Heard:

"We already have an 'apartment watch.' The tenants get together and watch the
manager to see if I screw up!"

Advice Given:

"Please teach landlords that their good tenants can help."

----------------------------

Benefits

In multifamily units, unless your tenants report suspicious behavior, you may not
find out about drug activity until the problem becomes extreme. Some
people--tenants and homeowners alike--are frightened to report illegal activity
until they discover strength in numbers by joining a community watch
organization. Whether you call your efforts "apartment watch," "community
pride," or "resident retention programs," the goal is the same--transforming an
apartment complex into a community.

Organizing a community is more than just encouraging tenants to act as the
community's eyes and ears. In the absence of a sense of community, the
isolation that residents feel can lead to apathy, withdrawal, anger, and even
hostility toward the community around them. Organizing group efforts can lead
to profound changes. As apartment residents get to know each other and the
manager, a sense of community--of belonging--develops, and neighbors and
tenants are more willing to do what it takes to keep a neighborhood healthy and
free of drug activity.

Complexes that enjoy a sense of community often have more stable tenancies
and fewer crime problems than comparable complexes that lack organization
among residents. Managers who have initiated efforts to organize tenants note
the following benefits:

o Lower tenant turnover, leading to considerable savings in the costs associated
with finding new tenants.

o Less damage to property, leading to lower repair bills.

o Reduced crime.

o A safer, more relaxed atmosphere for the tenants.

o A more positive reputation for the complex, leading to higher quality
applicants and, over time, increased property values.

Key Elements

The key to effective community building is to have the property manager take
the lead and make sure that efforts are ongoing. Community organizing that is
directed entirely by tenants may not be stable in the long term because tenant
turnover will occur and key organizers will move on. For this reason, it is
important that managers help organize the program. Further, if management
waits until the tenants are so fed up that they organize themselves, the
relationship between tenants and manager may be soured from the start. If
management takes a proactive role in helping tenants work together for their
mutual benefit, the opportunity for a positive working relationship between
manager and tenants is greater. Following are a few tips to help you get started:

1. Clean house. If you have tenants who are involved in drug activity, illegal
gang activity, or other dangerous criminal behavior, resolve the issue before
inviting tenants to a buildingwide meeting. Your responsible tenants may be
frightened to attend a meeting where they know irresponsible tenants might
attend. In addition, responsible tenants may question your motivation if you
appear to encourage them to meet with people involved in illegal activity. So
before you organize, you will need to evict problem tenants and make sure that
improved applicant screening procedures are in place. Until then, rely on
informal communication with responsible tenants to help identify and address
your concerns.

2. Make community activities a management priority. Budget for the expenses
and consider promotion of such activity a criterion for management evaluation.
Community organization should not be an afterthought, something that resident
managers should get around to if there is time. Unless managers make
community organizing a priority, it will not get done.

3. Hold meetings/events quarterly. Don't expect major results from the first
meeting, but do expect to see significant differences by the time the third or
fourth meeting is held.

4. Meet in the common areas if possible. While small meetings can be held in
the manager's office, a vacant unit, or--if a tenant volunteers--a tenant's
apartment, more people will feel comfortable participating if they can meet on
neutral territory. If you can hold events in court-yards or other outdoor
locations, you also may have more room to structure special events for children
in the same area.

5. At each event, encourage people to meet each other. Regardless of other
specific plans for meetings, take basic steps that encourage people to meet
each other. Simple steps performed faithfully can make a big difference over
time. At each event you should: 

o Use name tags. This step is important in helping to break down walls for
newcomers.

o Conduct introductions. Begin any formal meeting by having people introduce
themselves by name.

o Allow time at each event for people to socialize. Make sure to allot some
time during the meeting. Once the event is under way, participants will have a
shared experience with which to start a conversation.

o Keep meeting agendas on track. It is important to keep meeting agendas on
track, interesting, and focused on tangible, measurable outcomes. If tenants feel
that meetings rarely address the published agenda, interest will diminish quickly.

o Offer refreshments. Free food, whether it is as simple as coffee and pastries
or as involved as a potluck dinner or a summer barbecue, can attract many
people to a meeting who might not otherwise attend.

o Include activities for children and teenagers, as well as adults. Getting
children involved in games and other events will provide a positive experience
for the children and help encourage parents to meet each other. Also, like
adults, when children and teenagers get to know their resident manager better,
they are more likely to share information. This is important because teenagers in
particular may have information about a community problem of which the adults
are unaware.

6. Hold "theme" events and special meetings as appropriate. There should be a
balance between holding a purely social event and a meeting for the purpose of
addressing an agenda. The balance at each meeting can vary, but it is important
to provide some of both. At least one of the meetings held each year should be
primarily for the purpose of celebration--a holiday party in the winter or a "get
to know your neighbor" barbecue in the summer. Others can offer a time for
socializing and a time for covering an agenda. Meeting agendas may vary. In
general, meetings should:

o Respond to issues that are of direct concern to a number of tenants. If there
are immediate concerns, such issues should take priority over other potential
agenda items. If tenants are concerned about gang violence in the
neighborhood, less pressing topics may seem irrelevant.

o Provide new information about the local community. This information could
take any number of forms. You might invite merchants from the area,
firefighters, police officers, members of neighborhood associations or other
community groups, social workers, employment counselors, or any number of
other people to your meeting to share useful information with tenants.

7. Nurture a sense of shared responsibility. Although it is important for
management to continue providing support for the community-building process,
it should not be a one-way street. Tenant leadership in the complex should be
nurtured and volunteers should be recruited at each meeting to assist with the
next meeting, program, or event. The more residents experience the
community-building process as a joint effort between management and
residents, the more they will appreciate it. Promoting a sense of shared
responsibility can be accomplished in many ways, including the following:

o Asking for volunteers to serve on a tenants council. The council could meet
informally once a month to discuss issues of concern in the complex and to plan
the upcoming communitywide events. Don't be discouraged if only one or two
people get involved initially; with success, more will join.

o Whenever possible, having tenants set the meeting agendas. Whether it is
through a tenant council or simply by collecting suggestions at community
events, make sure tenants know they play a key role in defining the direction of
community-building efforts. 

o Giving tenants a chance to comment on plans for the property. Even the
simplest issues can be turned into opportunities for building community. For
example, if a fence is going to be built or replaced, you might discuss the plans
at a meeting before starting the work and allow tenants to express their
concerns or make suggestions. You may hear some new ideas that can make
the result more attractive. In situations where you cannot act on a suggestion,
you have the opportunity to explain your reasons to your tenants and at least
provide tenants with a feeling of participation that they did not previously have.
Along similar lines, by listening to tenant concerns, you may discover that a
relatively simple adjustment in policy can result in a significant increase in
tenants' overall satisfaction.

8. Picking projects that can succeed. Don't promise more than you can deliver.
Make sure that easily implemented changes are made promptly so that tenants
can see the results. Although it is important to pursue larger goals as well (such
as eliminating drug activity in the rest of the neighborhood), short-term results
are needed to help tenants see that change is possible.

9. Developing a communication system. This can be as elaborate as quarterly
or monthly newsletters, complete with updates from management, articles from
tenants, advertisements from local merchants, and referrals to local social
service agencies. Or it may be as simple as use of a centrally located bulletin
board where community announcements are posted. Whatever the process, the
key is to make sure that your tenants are aware of the information source and
that they find it useful.

10. Implementing basic crime-prevention measures. In addition to the general
community-building techniques described in this chapter, various traditional
crime watch techniques also can be implemented on your property. Apartment
watch training should be provided to your involved tenants before starting the
program. Contact a crime-prevention officer in your area for more details.
Crime-prevention specialists can help facilitate the first apartment watch
meeting and discuss the practices of local law enforcement agencies.
Crime-prevention steps you can initiate include the following:

o Making sure tenants have the manager's phone number readily accessible
and that they know to call the manager if they suspect illegal activity. Of course,
tenants should call 911 immediately if they witness a crime in progress or any
life-threatening emergency situation. They should also contact police
nonemergency services to discuss illegal activity that is not urgent. Encourage
tenants to contact the manager after they have contacted 911 in the case of
immediate and life-threatening situations, and to contact management any other
time they suspect illegal activity is occurring in the complex. The sooner your
tenants advise you of a problem, the more opportunity you have to solve it
before the situation gets out of hand.

o Encouraging tenants to develop a list of tenant phone numbers. By sharing
phone numbers, tenants will be able to contact each other with concerns as well
as organize reporting of crime problems witnessed by multiple tenants. Note
that sharing phone numbers among tenants should be done on a voluntary basis
only--those who do not want to participate should not be required to do so.

o Distributing a list of local resources. The resource list should include numbers
for police, fire, and medical emergency services (911 in most areas) as well as
hotlines for local crime prevention, substance abuse problems, domestic
violence problems, employment assistance, and any number of other services
and organizations that may be able to help your tenants.

o Purchasing a property engraver for each complex. Encourage tenants to
engrave their driver's license number on items of value such as video recorders,
cameras, televisions, etc. Then post notices of the fact that tenants in the
complex have marked their property for identification purposes. Burglars would
rather steal property that cannot be traced. 

o Applying CPTED changes. If tenants cannot see the problem, they cannot
report it. The chapter "Preparing the Property" covers environmental design
approaches in detail. It is important that lighting, landscaping, and building
design combine to create an environment that deters drug dealers, burglars, and
other criminals. Make it difficult to break into tenants' homes, close off escape
routes, and make sure areas of the complex that are accessible to the public
can be easily observed by people throughout the complex.

11. Encouraging nearby neighbors and apartment complexes to get involved.
Solving the entire problem of illegal activity in the neighborhood may require
encouraging similar cooperative steps in adjacent apartment complexes or
making sure neighbors in nearby single-family homes also get involved. As a
starting point, invite area neighbors to at least some of the community events
held at your complex each year.

----------------------------

Warning Signs of Drug Activity

The Basics

Familiarize yourself with these warning signs so you can identify drug activity on
your property.

----------------------------

The sooner it is recognized, the faster it can be stopped.

Complaints Heard: 

"The neighbors tell me my tenants are dealing drugs. But I drove by three
different times and didn't see a thing."

Advice Given:

"You've got to give up being naive. We could stop a lot more of it if more
people knew what to look for."

-- Narcotics detective

----------------------------

The Drugs

Although many illegal drugs are sold on the street today, the following are the
most common:

1. Cocaine and Crack. Cocaine is a stimulant. Popular names include "coke,"
"nose candy," "blow," "snow," and a variety of others. At one time cocaine was
very expensive and generally out of reach for people with low incomes. Today,
the price has dropped to the point that cocaine can be purchased by persons of
all economic levels. Cocaine in its powder form is usually taken nasally
("snorted"); less frequently, it is injected.

Crack, a derivative of cocaine, produces a more intense but shorter high.
Among other popular names it is also known as "rock." Crack is manufactured
from cocaine and baking soda, a process that does not produce any of the
toxic waste problems associated with methamphetamine production (see
below). Because crack delivers a high using less cocaine, it costs less per dose,
making it particularly attractive to drug users with low incomes. Crack is
typically smoked in small glass pipes.

Powdered cocaine has the look and consistency of baking soda and is often
sold in small, folded paper packets. Crack has the look of a small piece of old,
dried soap. Crack is often sold in tiny plastic bags, little glass vials, balloons, or
even no container at all.

In general, signs of cocaine activity are not necessarily apparent to observers.
Users may be identified by combinations of the following: regular late-night
activity (e.g., after midnight on weeknights), highly talkative behavior, paranoid
behavior, and constant sniffing or bloody noses (for intense users of powdered
cocaine).

Powdered cocaine usage crosses all social and economic levels. Crack usage
is generally associated with lower income levels. While Los Angeles-style gangs
(for example, the Bloods and the Crips) have made crack popular, other
groups and individuals have begun manufacturing and selling the drug as well.

2. Methamphetamine. Methamphetamine is a stimulant. Popular names include
"meth," "crank," "speed," "crystal," "STP," and others. Until the price of cocaine
began dropping, methamphetamine was known as "the poor man's cocaine."
Methamphetamine is usually ingested, snorted, or injected. A new, more
dangerous form of methamphetamine, "crystal meth" or "ice," can be smoked.

"Pharmaceutical" grade methamphetamine is a dry, white crystalline powder.
Although some methamphetamine sold on the street is white, much of it is
yellowish or even brown and is sometimes the consistency of damp powdered
sugar. The drug has a strong medicinal smell and is often sold in tiny, sealable
plastic bags.

Hard-core methamphetamine addicts get very little sleep, and their appearance
reflects this. Chronic users and "cooks"--those who manufacture the
drug--generally appear unclean and may have open sores on their skin and bad
teeth. Paranoid behavior combined with regular late-night activity are potential
indicators of methamphetamine usage. Occasional users may not show obvious
signs. Cooks tend to be lower income persons who may have an unpleasant
urine smell about them. Although many types of individuals are involved in
methamphetamine production, the activity is particularly common among some
outlaw motorcycle gangs.

Because of the toxic waste dangers associated with methamphetamine
production, we have included additional information on dealing with
methamphetamine labs in a separate chapter. See the "What To Do If You
Discover a Clandestine Lab" chapter of this manual. 

3. Tar Heroin. Heroin is a powerful pain killer for both emotional and physical
problems. Popular names include "brown sugar," "Mexican tar," "chiva,"
"horse," "smack," "H," and various others. Heroin is typically injected. Tar
heroin has the look of creosote or instant coffee melted with only a few drops
of water and has a strong vinegar smell. It is typically sold in small amounts,
wrapped in tinfoil or plastic. Paraphernalia that might be observed include
hypodermic needles with a brown liquid residue, spoons that are blackened on
the bottom, and blackened cotton balls.

When heroin addicts are on the drug, they appear disconnected and sleepy.
They can fade out, or even fall asleep, while having a conversation. Although
heroin began as a drug of the wealthy, it has become a drug for those who have
little income or who are unemployed. Heroin addicts don't care about much but
their next "fix," and their clothes and demeanor reflect this. When they are not
high, addicts can become quite aggressive. As with most needle users, you will
rarely see a heroin user wearing a short-sleeved shirt.

4. Marijuana. Marijuana is also known as "grass," "weed," "reefer," "joint,"
"J," "Mary Jane," cannabis, and many other names. Marijuana is smoked in a
pipe or a rolled cigarette and typically produces a mellow high. However, the
type and power of the high varies significantly with the strength and strain of the
drug. 

The marijuana grown today is far more powerful than the drug that became
popular in the late 1960s and early 1970s. Growers have developed more
sophisticated ways to control growth of the plants, which causes higher output
of the resin that contains THC, the ingredient that gives marijuana its potency.
Today's marijuana is often grown indoors to gain greater control over the crop
and to prevent detection by competitors, animals, or law enforcement officers.
It takes 90 to 180 days to bring the crops from seed to harvest. Marijuana is
generally sold in plastic bags or rolled in cigarette paper. The smell of the
smoke has been described as a "musky" cigarette smoke. Users generally
appear disconnected and nonaggressive. The user's eyes also may appear
bloodshot or dilated. Use of marijuana crosses all social and economic levels.

Signs of Drug Activity in Residential Property

The following list describes signs of drug activity that either you or neighbors
may observe. As the list will show, many indicators are only visible at times
when the landlord is not present; this is one reason why a solid partnership with
trusted neighbors is important. Note also that, while some of the indicators are
reasonably conclusive in and of themselves, others should be considered
significant only if multiple factors are present. This list primarily applies to tenant
activity. For information on indicators of dishonest applicants, see the
"Applicant Screening" chapter of this manual.

Dealing

Drug dealers typically sell small quantities to many purchasers. Dealing
locations are like convenience stores--high traffic locations with each customer
buying a small amount. 

Neighbors may observe the following activities:

o Heavy traffic. That is, a number of cars and pedestrians stopping at a home
for only brief periods. Traffic may be cyclical, increasing on weekends or late at
night, or minimal for a few weeks and then intense for a period of a few days--
particularly paydays.

o Exchanges of money. Cash and packets may be traded through windows,
mail slots, or under doorways.

o Unknown Visitors. Visitors appear to be acquaintances rather than friends.

o People bring valuables into the unit. Visitors regularly bring televisions,
bicycles, VCRs, and cameras--and leave empty handed.

o Waiting in cars and use of odd parking locations. Visitors may sit in their cars
for a while after leaving a residence or may leave one person in the car while
the others visit. Visitors also may park around a corner or a few blocks away
and approach on foot.

o Lookouts. Frequently lookouts will be younger people who tend to hang
around the rental unit during heavy traffic periods described earlier.

o Regular activity at extremely late hours. For example, noise and visitors
between midnight and 4 a.m. on weeknights. (Both cocaine and
methamphetamine are stimulants--users tend to stay up late.)

o Other obvious signs. These signs may include people exchanging small
packets for cash, people using drugs while sitting in their cars, and syringes or
other paraphernalia left in common areas or on neighboring property.

Landlords may observe the following activities:

o Tenants not meeting their responsibilities. Tenants may fail to pay utility bills
or rent, fail to maintain the unit in appropriate condition, or cause general
damage to the property. Some dealers smoke or inject much of their profit; as
they get more involved in the drugs, they are more likely to ignore bills,
maintenance, and housekeeping.

Distribution

Distributors are persons who sell larger quantities of drugs to other, smaller
distributors or dealers. They are the "wholesale" component, while dealers are
the "retail" component. If the distributors are not taking the drugs themselves,
they can be difficult to identify. A combination of the following drug sale
indicators may be significant: 

o Expensive vehicles. Particularly vehicles owned by people otherwise
associated with a lower standard of living. Some distributors make it a practice
to spend their money on items that are easily moved, so they might drive a
$50,000 car while renting an inexpensive unit.

o Pagers and cellular phones. Particularly when used by people who have no
visible means of support.

o Frequent late-night trips. Many people work swing shifts or have other
legitimate reasons to come and go at late hours. However, if you are seeing a
number of other signs along with frequent late-night trips, this could be
significant.

o Secretive loading and unloading of vehicles. Trucks, trailers, or cars being
loaded and unloaded late at night in a hurried, clandestine manner. Loading and
distribution houses (most likely to be found in border states) are essentially
repackaging locations that move large quantities of drugs.

Marijuana Growing Operations

Marijuana growing operations are hard to identify from the street. These
operations are more likely to be found in single-family residential units than in
apartments. In addition to the general signs of excessive fortifications or overly
paranoid behavior, other signs that tenants are growing marijuana are listed
below.

Neighbors may observe the following indicators:

o Electrical wiring that has been tampered with. For example, evidence of
residents tampering with wiring and hooking directly into power lines.

o Powerful lights on all night in the attic or basement. Growers use powerful
lights to speed the development of the marijuana plants.

Landlords may observe the following indicators:

o A sudden jump in utility bills. As mentioned above, growing operations
require special lighting, which will increase utility costs.

o High humidity in a unit. Growing operations require a lot of moisture. In
addition to feeling the humidity, landlords may observe peeling paint or
mildewed wallboard or carpet.

----------------------------

o Rewiring efforts or bypassed circuitry. Again, growing operations require a
lot of electricity--some use 1,000-watt bulbs that require 220-volt circuits. The
extra circuitry for growing operations generally exceeds the power rating for the
rental and can burn out the wiring, resulting in fires or the need to rewire before
you can rent a property again.

o Other obvious signs. Other indicators include basements or attics filled with
plants, lights, and reflective material (e.g., tinfoil) used to speed growing.

Methamphetamine Labs

Once a methamphetamine cook has collected chemicals and set up equipment,
it doesn't take long to make the drug--about 12 hours for one batch.
Clandestine labs have been set up in all manner of living quarters, from hotel
rooms and recreational vehicles to single-family rentals or other apartment units.
Lab operators favor units that offer extra privacy. In rural settings barns or
houses well away from other residences offer such privacy. In urban settings
labs may be set up in houses with plenty of surrounding trees and shrubs to
block views of the interior, or apartment or hotel units that are well away from
the view of management. However, while seclusion is preferred, clandestine
labs have been found in virtually all types of rental units.

Neighbors may observe the following indicators:

o A strong ammonia smell. This smell is very similar to cat box odor and is
unique to the amalgam method for methamphetamine production.

o Other odd chemical odors. The smell of other chemicals or solvents not
typically associated with residential housing may be present.

o Chemical containers. Chemical drums or other chemical containers with their
labels painted over may be present.

o Smoke breaks. If other suspicious signs are present, individuals leaving the
premises to smoke a cigarette may also be an indicator because ether, which is
highly explosive, is used in methamphetamine production; methamphetamine
cooks must leave the lab before lighting up.

Landlords may observe the following indicators:

o Strong unpleasant or chemical odors. A particularly strong cat box or
ammonia smell within the rental may indicate methamphetamine production
using the amalgam process. The odor of ether, chloroform, or other solvents
may also be present.

o Many empty containers of over-the-counter cold or allergy medicines. New,
faster methods of "cooking" methamphetamine require the use of large
quantities of over-the-counter cold medicines that contain the drug ephedrine.
The average cold sufferer may leave one or two empty cold medicine
containers in the trash. The presence of many such emptied out boxes, bottles,
or blister packs is a definite warning sign.

o Chemistry equipment. The presence of flasks, beakers, and rubber tubing
like those used in high school chemistry classes in rental units or garbage. Few
people practice chemistry as a hobby--if you see such articles, take it seriously.

o A maroon-colored residue on aluminum windows in the unit. The "ephedrine
process" of methamphetamine production is a more expensive process, but it
does not emit the telltale ammonia/cat box odor. However, the hydroiodic acid
used in the process does eat through metals and, in particular, the vapor of the
acid leaves a maroon residue on aluminum.

o Bottles or jugs used extensively for secondary purposes. For example, milk
jugs and screw-top beer bottles full of mysterious liquids.

If you have reason to believe there is a methamphetamine lab on your property,
leave immediately, wash your face and hands, and call the narcotics division of
your local law enforcement agency to report what you know. If you have
reason to believe your exposure has been extensive, contact your doctor; some
of the chemicals involved in creating this drug are toxic. For more information
about methamphetamine labs, see the "What To Do If You Discover a
Clandestine Lab" chapter of this manual.

General Indicators of Illegal Drug Activity

In addition to the preceding signs associated with specific types of activity, the
following signs are more general--they could be indicators of various types of
illegal drug activity, including dealing, distribution, manufacturing, or growing.

Neighbors may observe the following indicators:

o Expensive vehicles. People in extremely expensive cars regularly visiting
renters who appear less solvent may be significant.

o A dramatic drop in activity after police are called. If activity in and around a
unit stops after the police have been called but before the police arrive, this may
indicate that tenants are involved in illegal activity and are using a radio scanner
to monitor police activity.

o Unusual fortification of a unit. Blacked-out windows, window bars, extra
deadbolts, and expensive alarm systems may be significant. Note that grow
operators and methamphetamine cooks, in particular, often add
fortifications--extra locks and thorough window coverings are typical.

o Frequent late-night motorcycle or bicycle trips. This would be a significant
sign only if the trips are made from a location where other indicators of drug
activity are observed.

o Firearms. The presence of weapons, particularly assault weapons and guns
that have been modified for concealment such as sawed-off shotguns, may
indicate drug activity.

Landlords may observe the following indicators:

o An applicant's willingness to pay rent months in advance, particularly in cash.
If an applicant offers you 6 months' rent in advance, resist the urge to accept,
and require the person to go through the application process. By accepting the
cash without checking the applicant's background, you might have more money
in the short run, but your rental unit may suffer damage and you may also
damage the neighborhood and the value of your long-term investment.

o A tenant's tendency to pay in cash combined with a lack of visible means of
support. Some honest people simply don't like writing checks; however, if other
signs are noted, and tenants possess large amounts of cash with no apparent
source of income, be suspicious.

o Unusual fortification by a tenant of individual rooms. For example, tenants
putting deadbolts or alarms on interior doors.

o A willingness to install expensive exterior fortifications. If your tenants offer
to pay for installing expensive window bars and other exterior fortifications,
they may be interested in more than preventing a burglary.

o The presence of any obvious evidence. The presence of bags of white
powder, syringes, marijuana plants, very small plastic bags--the type in which
jewelry or beads are sometimes kept--that are not generally used in large
quantities by most people, combined with other factors, should cause suspicion.

o Unusually sophisticated weight scales. The scales typically used by drug
dealers, distributors, and manufacturers are noticeably more sophisticated and
accurate than household scales. Of course, there are legitimate reasons to have
such scales, so don't consider such a scale, by itself, an indication of illegal
activity.

o Large amounts of tinfoil or baking soda or a large number of electrical cords.
Tinfoil is used in growing operations and metham-phetamine production. Baking
soda is used in methamphetamine production and in the process of converting
cocaine to crack. Electrical cords are used in methamphetamine labs and
growing operations.

While the preceding list offers a number of potential indicators of drug activity,
it is worth keeping in mind that the practices and habits of those involved in
drug activity varies both by personal preference and by the types of practices
that may be popular in a particular part of the country. To gain a more complete
picture of the types of warning signs to look for in your area, contact your local
police department.

----------------------------

What To Do If You Discover a Clandestine Lab

Because methamphetamine labs represent a far greater potential health hazard
than other types of drug activity, we have included this section to advise you on
how to deal with this particular problem. This information is intended to help
you through the period immediately after discovering a methamphetamine lab on
your property. For information about warning signs of methamphetamine labs
and other drug activity, see the "Warning Signs of Drug Activity" chapter of this
manual.

The Basics

Know the dangers of a methamphetamine lab and whom to contact for help; do
not risk investigating such labs yourself.

----------------------------

Complaints Heard:

"There was a time when I didn't even know what a 'precursor chemical' was.
Now I know all about methamphetamine labs. So far it has cost me more than
$10,000 to deal with one property with a meth lab on it. And we're still not
done."

Advice Given:

"Some of the acids used in meth production don't have any 'long-term'
effects--it's all immediate. They damage your lungs if you breathe the vapors
and they'll burn your skin on contact."

-- Narcotics detective

----------------------------

The Danger: Toxic Chemicals in Unpredictable Situations

There is very little that is consistent, standard, or predictable about the safety
level of a methamphetamine lab. The only thing we can say for sure is that once
you suspect you are in a methamphetamine lab, you should leave the premises
immediately. Consider the following elements, present in many labs:

o Cleanliness is usually a low priority. Cooks rarely pay attention to keeping
the site clean or keeping dangerous chemicals away from household items. The
chemicals are rarely stored in their original containers--often you will see plastic
milk jugs or screw-top beer bottles containing unknown liquids. It is common to
find bottles of lethal chemicals sitting open on the same table with the cook's
bowl of breakfast cereal or even next to a baby's bottle or toys.

o Toxic dump sites are common. As the glass cooking vessels become brittle
with usage, they must be discarded. It is common to find small dump sites of
contaminated broken glass, needles, and other paraphernalia on the grounds
surrounding a methamphetamine lab or in a spare room.

o The chemicals vary from lab to lab. While some chemicals can be found in
any methamphetamine lab, others vary. "Recipes" for cooking
methamphetamine are shared, and each one has variations. So we cannot say
with any certainty what chemicals would be present in any given
methamphetamine lab.

o "Booby traps" are a possibility. Other methamphetamine users and dealers
may have an interest in stealing the product from a cook. Also, as drug usage
increases, so does the user's paranoia. Some cooks set booby traps to protect
their product. A trap could be as innocent as a trip wire that sounds an alarm,
or as lethal as a wire that pulls the trigger of a shotgun or causes the release of
deadly chemical gases.

o The risk of explosion and fire is high. Ether, commonly used in some drug
labs, is highly explosive; its vapor can be ignited by the spark of a light switch.
Under some conditions, a bottle could explode just by jarring it.
Methamphetamine lab fires are generally the result of an ether explosion, and
the result can be instant destruction of the room, leaving the remainder of the
structure in flames.

o Health effects are unpredictable. Before the law enforcement community
learned of the dangers of methamphetamine labs, they entered them without
protective clothing and breathing apparatus. The results varied--in some cases
officers experienced no ill effects, while in others they developed "mild"
symptoms such as intense headaches. However, in other cases officers
experienced burned lung tissue from breathing toxic vapors, burns on the skin
from coming into contact with various chemicals, and other more severe
reactions.

o Many toxic chemicals are involved. The list of chemicals that have been
found in methamphetamine labs is a long one. Some are standard household
items, like baking soda. Others are extremely toxic or volatile like hydroiodic
acid (which eats through metals), benzene (which is carcinogenic), ether (which
is highly explosive), or even hydrogen cyanide (which is also used in gas
chambers). Other chemicals may be present, such as phenylacetic acid and
phenyl-2-propanone, that have been known to cause adverse health effects but
about which little is known of the long-term consequences of exposure.

What To Do If You Find a Lab

1. Leave. Because you will not know what chemicals are present, whether or
not the place is booby-trapped, or how clean the opera-tion is, leave the lab
immediately. Do not open any containers. Do not turn on, turn off, or unplug
anything. Do not touch anything, especially where you cannot see what you are
touching--among other hazards, by groping inside a drawer or a box, you could
be stabbed by the sharp end of a hypodermic needle. If you are not sure you
have discovered a clandestine lab, but think you may have, don't stay to
investigate. Make a mental note of what made you suspicious and get out.

2. Wash your face and hands and check for symptoms. As soon as possible
after leaving the premises, wash your face and hands, and check for physical
symptoms. If you have concerns about symptoms you are experiencing, call
your doctor, contact an emergency room, or call a poison control center for
advice. As soon as is reasonably possible, even if you feel no adverse effects,
change your clothes and take a shower. Whether or not you can smell them, the
chemical dusts and vapors of an active methamphetamine lab can cling to your
clothing the same way that cigarette smoke does. (In most cases, normal
laundry cleaning--not dry cleaning--will decontaminate your clothes.)

3. Alert local police. Contact the narcotics unit of your local law enforcement
agency. (Call your police emergency number, 911 in most areas, after hours.) If
you are unsure of whom to call, contact police services through their
nonemergency numbers listed in the phone book. Because of the dangers
associated with clandestine lab activity, such reports often receive priority and
are investigated quickly. Typically the law enforcement agency will coordinate
with the local fire department's hazardous materials team to respond to the
report.

4. Arrange for cleanup. Before you can rent out the property again you will
need to decontaminate it. Cleanup procedures are evolving, and regulations on
cleanup vary significantly from state to state. Start by getting appropriate
information from the law enforcement and hazardous materials officials who
dealt with your unit. Ask for suggestions on whom to contact in your
area--generally county or state health officials will need to be involved and will
have infor-mation on methods for decontamination.

Depending on the level of contamination present, cleanup may be as simple as
a thorough cleaning of all surfaces and removal of absorb-ent materials (e.g.,
stuffed furniture and rugs), or as complex as replacing flooring or drywall. On
very rare occasions demolition of the entire structure may be required. Again,
contact your local health officials for details. Because of the range of chemicals
involved and the differing levels of contamination possible, we cannot accurately
predict the length of time needed to decontaminate a property.

If there are remaining issues to be addressed with your tenants, do so.
However, when a methamphetamine lab is discovered, your tenants typically
either will have already left or will no longer have any interest in possessing the
unit, so while there may be other issues to resolve, physical removal of tenants
is usually not one of them.

"How Do the 'Cooks' Survive?"

Many landlords ask the question, "If lab sites are so toxic, how can
methamphetamine cooks live there?"

The short answer is that methamphetamine cooks are willing to accept the risks
of the toxic effects of the chemicals around them. Methamphetamine cooks are
often addicted to the drug and are often under its influence during the cooking
process. This makes the cooks less aware and more tolerant of their
environment, as well as more careless with the chemicals they use and therefore
more dangerous to the people around them.

Methamphetamine cooks are frequently recognized by signs such as rotting
teeth, open sores on the skin, and a variety of other health problems. Some of
the chemicals used by methamphetamine cooks may cause cancer; what often
isn't known is how much exposure it takes and how long after exposure the
cancer may begin. Essentially, methamphetamine cooks have volunteered for an
uncontrolled experiment on the long-term health effects of the chemicals
involved.

There are occasions when methamphetamine cooks are forced to leave a lab.
For example, reports of explosions and fires are among the more common
ways that local police and fire officials discover the presence of a lab--while
fighting the fire, they discover the evidence of drug lab activity.

Finally, you face a different set of risks in a methamphetamine lab than do the
cooks. The cooks know which compounds they are storing in the unmarked
containers. They know where the more dangerous chemicals are located and
how volatile their makeshift setup is likely to be. When you enter the premises,
you have none of this information, and without it you face a much greater health
risk. 

----------------------------

Crisis Resolution

The Basics

Address problems quickly and fairly as soon as they come up. Know how to
respond if a neighbor calls with a complaint. If eviction is required, do it
efficiently. If you don't know the legal requirements involved in the eviction
process, ask a skilled attorney. 

----------------------------

Stop the problem before it gets worse.

Complaints Heard:*

"The problem is these landlord/tenant laws don't give us any room. The tenants
have all the rights and we have hardly any. Our hands are tied."

"The system works primarily for the tenant--for-cause evictions are very
difficult to do. The judges bend over backward to help the tenant."

Advice Given:

"Serving eviction papers on drug house tenants is not the time to cut costs.
Unless you already know the process, you are better off paying for a little legal
advice before you serve the papers than for a lot of it afterward."

"Tell them to read a current copy of the landlord/tenant law. Too many
landlords haven't looked at it in years."

* Note that some "complaints" contain inaccurate or incomplete assumptions
about legal rights or procedures.

----------------------------

Act Immediately

Effective property management includes early recognition of noncompliance and
immediate response. Don't wait for rumors of drug activity, and don't wait for
official action against you or the property (e.g., warning letters, fines, closure, or
forfeiture). Prevention is the most effective way to deal with rental-based drug
activity. Many drug operators have histories of noncompliant behavior that the
landlord ignored. If you give the consistent message that you are committed to
keeping the property up to code and appropriately used, dishonest tenants will
learn that they can't take advantage of you or your property.

The following are three of the more common reasons why landlords delay
taking action, as well as some reasons why you may want to take action swiftly:

o Fear of the legal process. Many landlords don't take swift action because
they are intimidated by the legal process. However, the penalty for indecision
can be high--if you do not act, and accept rent with the knowledge that a tenant
is in noncompliance, you may compromise your ability to take any future action
against the problem. Your position is strongest if you consistently apply the law
whenever tenants are not in compliance with the rental agreement or your
landlord/tenant laws. Your position is weakened whenever you look the other
way.

o Fear of damage to the rental unit. Some landlords don't act for fear the
tenant will damage the rental property. Unfortunately, such inaction generally
makes the situation worse. Problem tenants may see your inaction as a sign of
acceptance. You will lose what control you have over the renter's noncompliant
behavior, lose options to evict while allowing a renter to abuse your rights, and
likely get a damaged rental anyway--if your tenants are the type who would
damage a rental, sooner or later they will.

o Misplaced belief in one's tenants. While developing this manual, we heard
with considerable frequency, "The people renting the property aren't dealing the
drugs. We haven't had any problems with them. The drug dealers are their
friends who often stay at the property. So what do we do? The tenants aren't
making trouble, it's these other people." Ask yourself whether your innocent
tenants contacted you or the police when the drug activity first occurred. Or did
your tenants acknowledge the truth only after you received phone calls from
upset neighbors or a warning from the police? Also, is your tenant breaking
your rental agreement by having long-term guests or subtenants?

To be sure, tenants can be victimized by friends or relations. Therefore, if
tenants seek your assistance early, help as much as you can. But be wary of
stories you hear from tenants who don't admit to problems until after you have
received complaints from neighbors or police. The sooner tenants who front for
others realize they will be held responsible for illegal activity in their unit, the
sooner they may choose to stop helping the dealers.

The Secret to Good, Low-Cost Legal Help

If you are not familiar with the process for eviction, contact a skilled
landlord-tenant attorney before you begin. By paying for a small amount of legal
advice up front, many landlords have saved themselves from having to pay for
much more expensive legal help further down the road. The law may look
simple to apply, but as any landlord--or tenant--who has lost in eviction court
can attest, it is more complicated than it seems. While researching this manual,
we repeatedly heard from both landlords and legal experts that the vast
majority of successful eviction defenses are won because of incorrect
procedure by the landlord and not because the landlord's case is shown to be
without merit.

If you don't know a good landlord-tenant attorney, find one. If you think you
can't afford an attorney, think again. Too often, out of fear of paying attorney
fees, landlords make mistakes in the eviction process that cost them the
equivalent of many months of rent. Yet many evictions, when done correctly,
are simple procedures that cost only a fraction of a month's rent in attorney's
fees.

Finding a good landlord-tenant attorney is relatively easy. Check your yellow
pages phone directory for those attorneys who list themselves as specialists in
landlord and tenant issues. Generally, you will find a very short list, because few
attorneys make landlord and tenant law a specialty. In some communities you
may not find any attorneys listed at all. In such a case, try contacting a local
property management association for referrals or call a few local property
management companies and find out who they use. Once you have names of
attorneys who specialize in landlord/tenant issues, call at least three and
interview them. Ask about how many evictions they do per month, how often
they are in court on eviction matters, and how much they charge. In our
experience, the safest bets are often those attorneys who handle many evictions
per month--they see it as a major part of their practice, not a sideline that
they advise on infrequently. Once you find attorneys who have the necessary
experience, pick the one you feel most comfortable working with and ask that
person to help.

What To Do When a Neighbor Calls With a Complaint

If a neighbor calls to report drug activity, or any other type of dangerous or
illegal activity at your rental, take the following steps:

1. At the initial call, stay objective and ask for details. Don't be defensive or
jump to conclusions. Your goal is to get as much information as you can from
the neighbor about what has been observed. You also want to avoid
establishing an adversarial relationship with the neighbor--if illegal drug activity
is taking place on your property, you need to know about it.

Make a commitment that you will not reveal the caller's name to the tenant
without permission (unless subpoenaed to do so). In the past, some
landlords--perhaps believing that neighbors' reports were exaggerated--have
treated dangerous situations casually and told criminals the names of neighbors
who called to complain. If the neighbors have exaggerated, you do no harm by
protecting their names; if they haven't, you could put them in real danger by
revealing too much. 

Ask the caller for the following:

o A detailed description of what has been observed.

o A letter documenting what has been observed to be sent to you and to your
local law enforcement agency's narcotics division. If you have Section 8
tenants, make sure that the local PHA receives a copy as well.

o The caller's name, address, and phone number, if they are willing to give it. If
neighbors don't know you, they may be unwilling to give you their names on the
first call. This is one reason why we recommend you meet neighbors and trade
phone numbers before a crisis occurs. If the only thing neighbors know about
you is that you have rented to a drug dealer, they will have reason to be
cautious when they call 

o Names of other citizens you can call who could verify the complaint, or ask
that the neighbor encourage other neighbors to contact you. You will need
more evidence than the phone call of a single neighbor to take meaningful
action. Explaining this need may encourage the neighbor to ask others to call.
Multiple complaints can also help protect the caller by taking the focus off of a
single complainant.

A single call from one neighbor doesn't necessarily mean your tenants are
doing anything illegal. However, a single call is justification to pursue the matter
further.

2. Find out more. Go to other sources for additional information and
assistance. Your goal is to collect enough information to verify any problems at
the rental and then to take appropriate action.

o Get in touch with other neighbors. Even if your tenant is running a
high-volume dealing operation, it is likely that some neighbors will suspect
nothing; many citizens are unobservant or give their neighbors too much benefit
of doubt. However, while some neighbors may be unaware of the scope of the
problem, it is also likely that others will have a lot to tell you. 

o Contact the police. Get in touch with a district officer for your area and
contact the narcotics division of your local law enforcement agency. Determine
what, if anything, they have on record that can be revealed (see "The Role of
the Police" chapter for details). 

o Call a crime-prevention specialist. Many communities have police officers
assigned to crime-prevention work; others hire civilians to perform the task.
Start by calling your local law enforcement agency and asking for information
about neighborhood crime-prevention assistance. Reports from neighbors may
have been called in to local crime-prevention staff. Crime-prevention staff also
may have additional information that can help you address the situation
effectively.

o If you feel comfortable doing it, consider a property maintenance inspection.
Again, few tenants involved in serious illegal activity are model renters.
Discovery of maintenance violations may provide sufficient basis for serving
eviction notices without having to pursue the more difficult route of developing
civil proof that dangerous criminal behavior has occurred.

3. Once you've identified the problem, address it. If you discover that your
tenant is innocent, immediately contact the neighbor who called and do your
best to clear up the matter. If you discover no drug activity but strong examples
of disturbing the neighbors' peace or other violations, don't let the problem
continue; serve the appropriate notices. Likewise, if you become confident your
property is being used for drug activity or other dangerous behavior, take
action. Advise the police narcotics division of your findings and your plan. The
following are examples of options you might pursue, although the specifics will
depend on your local laws: 

o If the evidence provides just cause, serve an eviction notice for alleged drug
activity. The type of notice you serve will depend on your local law. For drug
dealing and manufacturing, many jurisdictions allow a very fast eviction notice,
such as an "immediate," "24-hour," or "3-day no-cure" eviction. (Such notices
do not actually force eviction on such short notice; rather, they terminate the
rental agreement on short notice, which allows the landlord to start the process
for seeking a court-ordered eviction that much more quickly.)

Keep in mind that if your tenant wishes to fight the eviction in court, you will
need to establish civil--not criminal--proof that drug activity has occurred. This
is a lower level of proof than local law enforcement would need to get a
conviction. Nevertheless, allegations of drug activity or other dangerous activity
should be made with care. Given the seriousness of the charge, always contact
an attorney before serving an eviction notice based on suspicion of drug
activity.

Note that, frequently, if the tenants are involved in illegal activity, they move
out quickly rather than fight the eviction--it won't help their drug operation to
appear in court. One exception is Section 8 tenants who, for reasons unrelated
to the drug activity, may be more inclined to resist eviction (as described in
"The Section 8 Program" chapter of this manual).

Note also that your failure to act if you have grounds for serving such a notice
may also put you at risk. If your tenants act on a threat, or continue to carry out
activities that endanger the community, you could face legal action by neighbors
who are as a result harmed or the local government for not taking action once
you had knowledge of the problem.

o If you have the option, consider a "no-cause" or "nonrenewal" notice. In
some rental situations, such as month-to-month rentals or at the expiration of a
lease term, you may be able to evict without giving the cause. This is not an
option in every jurisdiction, but if it is in yours it can be a less adversarial way to
solve the problem.

o Consider serving notice for other apparent causes. Cause in this case could
be disturbance of the neighbors' peace, nonpayment of rent, or any other
significant issue of noncompliance with the rental agreement or the
landlord/tenant law that you have discovered since cashing the last rent check.
Again, if drug activity is present, an inspection of the unit will likely reveal a
failure to maintain the property as provided in the rental agreement, additional
people living in the unit, or other noncompliant behavior. Note that notices
served for many types of noncompliant behavior are curable--that is, if the
tenant can fix the problem in a legally defined period of time, the tenant will be
allowed to stay in the unit.

o Consider a mutual agreement to dissolve the lease. This is a frequently
overlooked method of handling problem tenants. Essentially, if both you and
your tenant can agree that the tenant will move by a specific date, you may not
need to pursue court-ordered eviction at all. In some instances this can be
beneficial to both parties. Write the tenant a letter discussing the problem and
offering whatever supporting evidence seems appropriate. Recommend
dissolving the terms of the lease, thus allowing the tenant to search for other
housing without going through the confrontation of a court-ordered eviction.
Let Section 8 renters know that a mutual agreement to dissolve the lease does
not threaten program eligibility.

Make sure the letter is evenhanded--that it presents evidence, not accusations.
Make no claims that you cannot support. Have the letter reviewed by an
attorney familiar with landlord/tenant law. Handled properly, this can be a useful
way to dissolve a problem to your and your tenant's satisfaction without dealing
with the court process. Handled improperly, this will cause more problems than
it will solve. Don't try this option without doing your homework first. 

Finally, if you evict someone for engaging in drug activity, share the information
with the local PHA and others. Landlords who are screening tenants later may
not find out about these incidents unless the information is documented. If the
problem tenant is a Section 8 renter, make sure the local PHA has a letter from
you on file regarding the incident. Also contact the screening company or credit
reporting service you use and advise them of the circumstances; they may also
be able to keep track of the information.

How To Serve Notice

When an eviction notice is served, often the tenant moves out and the
procedure is complete. However, in those cases where a tenant requests a trial,
the details of the eviction process will be analyzed. As one landlord puts it,
"Ninety percent of the cases lost are not lost on the bottom-line issues, but on
technicalities." Another points out, "Even if you have police testimony that the
tenants are dealing drugs, you still have to serve the notice correctly."

Eviction options include a legal process that you must follow. In addition, the
process also may be affected by the provisions of your rental agreement or
Section 8 contract. Begin by reading your rental contracts and landlord/tenant
law. One of the best skills you can develop is a working knowledge of the law.
In any eviction, take the following steps: 

1. Start with the right form. When available, use forms already developed for
each eviction option. Forms that have been written and reviewed for
consistency with state law generally can be purchased through property
management associations or legal document publishing companies. In some
states, the form actually may appear in the statute. You can, of course, have
your attorney generate the appropriate notices as well.

2. Complete the form correctly. If you are using a for-cause notice, you must
cite the specific breach of landlord/tenant law or the section of the rental
agreement that the tenant has violated. In addition, briefly describe the tenant's
noncompliant behavior. You will need to have other elements that your local
law requires, such as noting the time of service or the date and time by which
the notice requires the tenant to act. Also, if it is a Section 8 rental, you may
need to note that a copy of the notice is being delivered to the local PHA.

3. Time the notice accurately. Issues of notice timing vary significantly by state.
Overall, cases can be lost because a landlord did not extend the notice period
to allow for delivery time, did not allow sufficient time for a tenant to remedy a
problem, or did not accurately note the timing of the process on the notice itself.
Check landlord/tenant law, your rental agreement, and your Section 8 contract
(if applicable) to make sure you address timing issues correctly.

4. Serve the notice properly. Again, check the law and your contracts to make
sure your notice delivery process is correct. Generally, placing the notice
directly into the hands of a tenant whose name is on the rental agreement is
allowable in any jurisdiction. Other types of legal delivery vary by state. In
some areas all mailed notices must be delivered by certified mail. In other areas
only standard first-class mail may be used and a certified mail notice would be
considered illegal. So don't guess. Read the law, check with your attorney, and
proceed from there.

5. Don't guess; get help. As mentioned earlier, unless you are comfortable
with the process, consult an attorney who is experienced in landlord/tenant law
before you serve an eviction notice. If you have drug activity on your property,
you already have a major problem. Now is not the time to cut corners to save
money. Following proper legal processes could save you thousands of dollars
in damages, penalties, and legal fees.

What Evidence Is Required

An eviction trial is a civil proceeding. This means that civil proof of drug activity
is typically all that is required to successfully evict a tenant. For example, in
eviction court landlords have established strong proof of drug activity in a rental
by providing the following: 

o Credible testimony of neighbors who have observed suspected drug-related
behavior (such as described in the "Warning Signs of Drug Activity" chapter of
this manual).

o The landlord's testimony about additional signs observed during an
inspection of a unit.

o The subpoenaed testimony of a police officer who has made a single
undercover buy from a tenant or arrested a tenant for possession of drugs.

From a criminal standpoint, this would generally not be enough proof for the
police to get a search warrant. But this evidence could be enough to prove
suspicion of chronic drug activity in a civil court. Of course, the actual amount
of proof required in your jurisdiction will be determined by a combination of
local law, court precedents, the presiding judge, and the "trier of fact"--either
a judge or jury--who hears the case. (For more on the issues of criminal versus
civil law, see "The Role of the Police" chapter of this manual.)

The Court Process

The popular belief is that a "termination" notice is sufficient to force a tenant to
move out by the date specified on the notice. In fact, the notice is just the first
step in the eviction process. Technically, the landlord's first notice to vacate
means that, if the tenant does not move out by the date specified, the landlord
may file suit to regain possession of the property. While many tenants will move
out before the initial notice expires, if they don't the landlord will need to start
legal action with the local courts to regain possession of the property.

In cases where a tenant wishes to resist eviction, he or she will be allowed to
remain on the premises until a landlord has received a court judgment against
the tenant. If physical removal of the tenant is required, it will be done by a local
law enforcement official, most commonly a sheriff or marshal. The actual
eviction procedure varies significantly by jurisdiction, as does the length of time
required.

Perhaps the most compelling point we can make about the eviction process,
from service of notice to arguing in court, is that eviction is an expensive,
time-consuming way to "screen" tenants. You will save much heartache and
considerable expense if you screen your tenants carefully before you rent to
them. 

If You Have a Problem With Neighboring Property

When chronic problem activity is present in a neighborhood, every affected
citizen makes a conscious or unconscious choice about what kind of action to
take. The choices are to move away, to do nothing and hope the problem will
go away, or to take action to stop the problem. Doing nothing or moving away
usually means the problem will remain and grow worse--somebody, someday,
will have to cope with it. Taking action, especially when it involves many
neighbors working together, can both solve the problem and create a needed
sense of community.

Many neighbors are under the impression that solutions to crime are the
exclusive responsibility of the police and the justice system--that there isn't
much an individual citizen can do. Actually, there is a lot that citizens can do,
even must do, to ensure that they live in a safe and healthy neighborhood.
Getting more involved in your neighborhood isn't just a good idea, it is how our
system of law and civic life was designed and the only way it can really work.
With that in mind, the following it a list of proven community organizing
techniques to help you begin.

1. Find others concerned about the problem and enlist their help. As you
consider the following steps, keep in mind that a number of neighbors following
the same course of action will magnify the credibility and effectiveness of each
step. In particular, several neighbors calling a government agency separately
about the same problem will usually make the problem appear more serious to
the agency. The involvement of many neighbors also increases every-one's
safety. Tenants involved in illegal activity might target one neighbor for revenge
but they are less likely to try to identify and harass several neighbors.

2. Make sure the police are informed in detail. It doesn't matter how many
police officers work in your local department if people don't call the police and
report crime. Even if you have called without getting the results you expected,
keep calling, and as you follow the other recommendations of this section, keep
working with police. Of course, establishing a connection with a particular
officer who works the area regularly is often a key to success. Other strategies
include the following:

o Report incidents when they occur. Call 911 in an emergency or call police
narcotics detectives, gang units, and other special enforcement units as
appropriate. You may need to do some research to find out what agency deals
with a particular type of problem.

o Keep activity logs or diaries. Track activity when disturbances occur
frequently at one address, and encourage neighbors to do the same. Share
copies of these logs with a police officer, in person if possible.

o Encourage civil abatement action. When speaking with law enforcement
officials, be aware that, in addition to criminal investigation, police often have
the option of using civil law to help solve a problem, such as fining the owner,
closing (boarding up) property, or even seizing property that is associated with
illegal drug activity.

3. Consider direct contact with the property owner. Many activists contact the
owner directly and ask for help in solving the problem. While police officers
may do this for you, it is an option available to any citizen. Understand that it
may not be safe to contact some irresponsible owners, so be sure to plan your
approach carefully. In general, try a friendly, cooperative approach first--it
usually works. If this doesn't work, then move on to more adversarial tactics.
Following are some tips for approaching owners:

o Use tax records to find the owner. Local property tax assessment records
generally will identify who owns the property.

o Discuss the problem with the owner. It is amazing how often this simple step
is never taken. Discuss the problem and ask for assistance in stopping it. 

o Suggest this training. If the property is a rental, consider delivering a copy of
this manual to the owner and encouraging him or her to attend a Landlord
Training Program in the area.

o Give police references. Give the property owner the names of officers who
have been called to the address. (Names of specific officers are far more useful
than general statements such as "The police have been out frequently.")

o Help locate criminal records if appropriate. Learn how you or the property
owner can access criminal background information. For example, if an
occupant has a criminal record in your county, the local courthouse should have
the records. 

o Share activity logs. Consider giving copies of your activity logs to the
landlord if it appears the landlord will use them to support lease-enforcement
actions.

4. Enlist the help of others. If it becomes apparent that the problem will not get
resolved without more effort, it may be time for more aggressive action. This
may require more organization and structure in the neighborhood. Here are
some approaches to apply more pressure to neighboring landlords:

o Remind others to make requests. After any action you take, call several
other neighbors and ask them to consider doing the same thing, whether it is
reporting an incident to police, calling the landlord, or speaking to a local
official. Don't ask neighbors to call and repeat your report. Ask neighbors to
make an independent assessment of the problem you have observed and, if
they also consider it a problem, to report it as well.

o Call the public housing authority. If the problem residents are receiving public
housing assistance, contact the local housing authority and report the problems
observed.

o Call for a code inspection. Call your local building maintenance code
enforcement department to report maintenance code violations. Maintenance
codes address exterior building structure and appearance, interior structure and
appearance, as well as nuisances in yards, such as animals, abandoned cars,
trash, and neglect. Most properties with problem residents will have many
violations of maintenance codes as well.

o Consider calling the mortgage holder. Sometimes the holder of the mortgage
on a property can take action if the property is not in compliance with local law.
Generally, if a financial institution is holding a mortgage on real property, the
name of the institution will be listed on the title records kept by the assessors'
office.

o Write letters. Citizens who write letters to mayors, council members, chiefs
of police, building inspectors, and others give legitimacy to a problem that may
not have received as much attention as it required. The first letters should be
written to persons in a position to take direct action--a police officer, code
inspector, or other person tasked with addressing problems like the one you
are working on. Don't write letters to managerial or political authorities until you
have given this a chance to work. Write letters to such authorities if it becomes
apparent that the help your neighborhood needs will not be forthcoming. When
necessary, follow up calls or letters with personal appointments.

5. Two strategies of last resort. Generally, these activities should be
undertaken only by a well-organized group, and only when consistent and
diligent work with police, neighbors, and city officials has made little or no
progress.

o Consider getting the media involved. After making a concerted effort to get
results through other means, discussing the problem with the media can be a
way to focus more attention--and sometimes resources--on a problem.

However, going to the media with your complaint before communicating clearly
with the accountable person or organization can be counterproductive; it can
cause justifiable resentment by public officials who feel blindsided by media
attention on an issue about which they had no prior warning. Also be aware
that, if the problem is associated with criminal drug or gang activity, attracting
media attention to yourself can put you at risk.

o Start legal action against the property owner. Citizens also can pursue
lawsuits against a nuisance property directly. In the final analysis, even the most
negligent property owners will take action when they are made to fully
understand that it will cost more money to ignore the problem than it will to stop
it. The legal options for this type of approach vary substantially by jurisdiction.
In general, this is not an easy process and should be considered only as a last
resort. Again, the vast majority of neighborhood problems can be solved
without having to go through the time and expense of taking legal action.

----------------------------

The Role of the Police

The Basics

Know how to work with the system to ensure rapid problem resolution. Have a
working knowledge of how your local law enforcement agency deals with drug
problems in residential neighborhoods.

----------------------------

Building an effective partnership.

Complaints Heard:

"The problem is the police won't get rid of these people when we call. We've
had dealers operating in one unit for 4 months. The other tenants are constantly
kept up by the activity--even as late as 2:00 or 3:00 in the morning on
weeknights."

"I called police about one of my properties. They wouldn't even confirm that
anyone suspected activity at the place. A month later they raided the house.
Now I'm stuck with repair bills from the raid. If they had just told me what they
knew, I could have done something."

Advice Given:

"In almost every case, when the police raid a drug house, there is a history of
compliance violations unrelated to the drug activity for which an active landlord
would have evicted the tenant."

 Narcotics detective

----------------------------

Defining the Roles: Landlords and Police

It is a common misconception that law enforcement agencies can evict tenants
involved in illegal activity. In fact, only the landlord has the authority to evict; the
police do not. The police can arrest people for criminal activity. But arrest itself
has no bearing on a tenant's right to occupy your property.

Eviction, on the other hand, is a civil process in which the landlord sues the
tenant for possession of the property. There are differences in the proof
required for these two processes. Victory in civil court requires a reponderance
of evidence--the scales must tip, however slightly, in your favor. Criminal
conviction requires proof beyond a reasonable doubt--a much tougher
standard. Therefore, you may find yourself in a position where you have enough
evidence to evict your tenants, but the police do not have enough evidence to
arrest them. Further, even if the police arrest your tenants and a court convicts
them, you still must evict them from your property through a separate process.
If you do not pursue the eviction process, upon release the tenant will have the
right to return to and occupy your property.

Many landlords are surprised to discover the power they have to close drug
houses and eliminate such threats to the neighborhood. As one police captain
put it, "Even our ultimate action against a drug operation in a rental--a raid and
the arrest of the people inside--will not solve a landlord's problem, because the
tenants retain a legal right to occupy the property. It's still the tenants' home until
they move out or the landlord evicts them. And, as is often the case, those
people do not go to jail, or do not stay in jail long." It's surprising, but the
person with the most power over an individual "drug house" operation in a
neighborhood is the property owner--the landlord. Ultimately, the landlord can
remove all tenants in a unit; the police can't.

The only time law enforcement may get involved in eviction is to enforce the
outcome of your civil proceeding. For example, when a court issues a judgment
requiring a tenant to move out and the tenant refuses, the landlord can go to the
sheriff (or other appropriate law enforcement agency) and request that the
tenant be physically removed. Until that point, law enforcement cannot get
directly involved in the eviction process. However, the police may be able to
provide information or other support appropriate to the situation, such as
testifying at the trial, providing records of search warrant results, or being
present when you serve the eviction notice. 

Again, criminal arrest and civil eviction are unrelated; the only connection is the
possibility of subpoenaing an arresting officer or using conviction records as
evidence in an eviction trial. No matter how serious a crime your tenants have
committed, eviction remains your responsibility.

What To Expect

Police officers are paid, and trained, to deal with dangerous criminal situations;
they are experts in enforcing criminal law. However, they are not authorities in
civil law. While you should inform the police if you have tenants who are
involved in illegal activity, do not make the assumption that you can turn the
matter over to the authorities and they will take it from there. Because
landlord/tenant laws are enforced only by the parties in the relationship, when it
comes to removal of a tenant, landlords are the authorities. With that in mind,
you will get the best results from police by providing any information you can
for their criminal investigation while requesting police give any supporting
evidence you can use for your civil proceeding.

In order to get the most cooperation from the police, remember the rule of
working with any bureaucracy: The best results are achieved by working
one-on-one with the same contact. This rule is especially important when
working with a law enforcement agency where information shared with the
wrong people could harm an investigation or endanger the life of an officer. If
an officer doesn't know you, the officer may be hesitant to give you information
about suspected activity at your rental.

The best approach, therefore, is to make an appointment to speak with a
narcotics officer in person or to call your local precinct and arrange to speak
directly with an officer who patrols the district where your rental is located.
There can be a significant difference between the type of information available
through a single, anonymous phone call and the amount of assistance possible if
you arrange an in-person meeting.

The type of assistance possible will vary depending on the situation--from
advice about what to look for on your property to documentation for and
testimony in your eviction proceeding. Remember that the police are not
obligated to collect information for you to evict problem tenants. Although you
can get valuable assistance from the police, don't wait for the police to develop
an entire criminal case before you take action. If neighbors are complaining that
drug activity or other dangerous situations are occurring in your rental,
investigate the problem and resolve it as quickly as possible (see the "Crisis
Resolution" chapter of this manual). Don't assume that the situation at your unit
must be under control simply because the police have yet to serve a search
warrant at the property.

Fines, Forfeiture, and Other Penalties

Laws are on the books nationwide that allow such actions as heavy fines
against owners who allow drug manufacturing or sale on their properties,
closure of such property for specified time periods, or even forfeiture of such
property when the owner's complicity with the crime can be established.

While it is valuable for you to be aware of the specific laws that affect your
area, these laws are rarely used on properties that are actively managed. If you
are screening tenants with care, enforcing rental agreements, and, in
apartments, encouraging a sense of healthy community among good tenants, it is
unlikely that such laws will ever be used against you or your property.

----------------------------

The Section 8 Program

The term "Section 8" refers to a number of federal subsidy programs that allow
people of limited means to rent housing. The tenant pays a portion of the rent,
while the Federal Government pays the rest. The Section 8 program is under
the control of U.S. Department of Housing and Urban Development and is 
administered locally by public housing agencies.

The Basics

Understand the legal and practical differences between publicly subsidized
rentals and private rentals in order to have the same success rate in either type
of rental situation. 

----------------------------

"For landlords the message is simple. Bottom line, if you screen your tenants,
Sections 8 is a very good program."

-- A Section 8 program director

Advice Given:

"Few landlords realize it, but you can screen a subsidized applicant the same
way you screen any applicant. Most don't screen subsidized applicants for
rental history--either because they don't know they can or because they are too
excited about the guaranteed rent check."

----------------------------

Benefits

The most important benefit of a landlord participating in the Section 8 program
is that, if the landlord manages responsibly, it will help the entire community.
Landlords who meet their responsibilities and require Section 8 tenants to do
the same provide a valuable service--by renting decent housing to good citizens
who otherwise could not afford it. In addition to the satisfaction of serving the
public good, landlords can enjoy the following direct benefits for their business:

1. Reliable rents. A large portion of the rent, and sometimes all of it, is
guaranteed by the Federal Government. Once the paperwork is processed,
you'll get the subsidy portion on time, every month. Also, assuming you screen
applicants responsibly, your tenants should be able to pay their portion on time
since the amount has been determined to be within their means.

2. Fair Market Rents. HUD and local PHAs ensure that subsidized rents do
not exceed comparable private rents in the area. Landlords who are charging
comparable rates will receive similar amounts under Section 8. Landlords who
attempt to lead the market in the rents they charge may suffer somewhat.

Misconceptions

The following are common misconceptions about Section 8.

PHAs prescreen their participants using the same guidelines that a landlord
should use. 

False. PHAs screen Section 8 program applicants primarily for program
eligibility (essentially, income level). It is up to the landlord to perform standard
tenant screening--making sure applicants can pay the remainder of the rent,
checking their rental records through previous landlords, and running all other
checks a private landlord would run. You are not only legally permitted to
screen Section 8 participants in this way, you are expected to. Screening
applicants, subsidized or not, is both your right and your responsibility; you are
entitled to turn down Section 8 applicants who do not meet your screening
criteria and to accept those who do. Even guaranteed rent is not worth the risk
of having drug-dealing tenants moving in.

In short, the path toward successfully renting to Section 8 tenants is not very
different from the path to success in any rental situation--the first step is careful
screening. 

Landlords who rent to Section 8 tenants must use a PHA model lease.

False. HUD guidelines developed in 1995 make it easier for the landlord to
use the same lease used for nonsubsidized tenants. However, the landlord will
be required to use an approved lease addendum provided by the local housing
agency that adds to and/or modifies some of the conditions of the lease that the
landlord typically uses with nonsubsidized tenants. 

Note also that the lease addendum and model leases provided by PHAs are
written to match HUD's requirements and won't neces-sarily include all the
provisions you are accustomed to using. It is important, therefore, to be aware
of differences between the conditions of your Section 8 lease and/or lease
addendum and the conditions of your typical lease for nonsubsidized tenants.

Section 8 tenants cannot be evicted.

False. This misconception arises primarily from confusion about the types of
notices that can be served on a subsidized tenant. While it is true that during the
first year, a Section 8 lease will forbid the use of "no-cause" or nonrenewal
notices, in general, all "for-cause" notices still apply. So, for example, if a tenant
is violating the terms of the lease or damaging the property, a landlord can serve
the applicable for-cause notice defined in the local landlord/tenant law. New
HUD regulations now permit landlords in many areas to use a lease that will
permit no-cause terminations after the first year. Check with your local PHA to
see whether such an approach is available to you. 

Section 8 participants are bound by the same state and local landlord/tenant
laws that govern nonsubsidized rental relationships. In theory, the only
difference should be the wording of the lease. However, there are instances
where evictions can be more complicated with Section 8 tenants. Your best
approach, as with any eviction, is to speak with an experienced landlord/tenant
attorney before starting an eviction process.

If you evict tenants for drug activity, the local PHA will simply let the same
people rent again elsewhere.

False. New HUD guidelines allow local PHAs to terminate assistance to
tenants involved in the manufacture, sale, distribution, possession, or use of
illegal drugs. The same guidelines apply to tenants involved in violent criminal
activity. New federal guidelines introduced in 1995 also give local PHAs
expanded options for terminating a person's eligibility for the Section 8
program for problems such as repeated and serious lease violations.

----------------------------

Resources

Many of the key resources available to landlords and property managers vary
by city, county, and state, so it is impractical to provide a resource list in a
national manual. Therefore, the following are examples of the types of resources
you may wish to use as you pursue your property management goals and
suggestions for how to locate them. 

----------------------------

"The only thing necessary for the triumph of evil is for good people to do
nothing."

-- Edmund Burke

----------------------------

Property Management Associations

These groups are typically listed in local phone directories under 
associations. 

The services and type of support offered by each organization varies. Examples
of services include legislative lobbying and providing rental forms, continuing
education, attorney referrals, and answers to landlord/tenant questions. Other
services can include running credit checks and holding monthly meetings to
discuss topics of interest.

Tenant Screening Services

Your local phone directory may list a variety of companies under the heading
"credit reporting agencies," some of which regularly work with landlords. In
most directories, you also will find a listing of companies that can help you with
tenant screening under the heading "property management."

Although providing credit reports is standard, other services vary, and may
include providing records of courthouse eviction proceedings; tracking landlord
complaints on problem tenants; searching public records for judgments, tax
liens, or lawsuits; conducting criminal background checks; verifying
employment; verifying addresses; and checking references with present and
previous landlords. The best approach is to contact a few different companies,
interview them about their services (and fees), and check their references and
reputations with other landlords. 

Crime Prevention/Apartment Watch

For help in establishing a crime prevention or apartment watch in your complex,
contact a crime prevention specialist at your local law enforcement agency
(which is typically listed in the government section of local phone directories)
and find out what types of assistance are available.

Community-Based Organizations

To locate community-based organizations, contact your city or county's local
citizen participation or community development agencies. Nonprofit
community-based organizations are generally involved in various
community-building projects from rehabilitating housing and organizing
neighbors to providing a range of local referral and support assistance. Staff at
some community-based organizations may be able to provide more indepth
information about specific neighborhood concerns that citywide agencies
provide. 

Section 8 Rent Assistance Program

Contact the public housing agency in your area for answers to questions
regarding the Section 8 program.

Laws and Ordinances

These are generally available through your local public library. State laws also
are available through your state legislature's information service. To locate state
statutes on the Internet, one of the more comprehensive reference sites is
maintained by Cornell University at: www.law.cornell.edu/statutes.html#state.
Contact your local city and county governments for applicable ordinances.

----------------------------

Notes

1. Although research on CPTED goes back decades, the description given
here is based on information provided by the Tucson, Arizona, Police
Department's Safe By Design Program.

2. In those states where "age" is specifically defined as a protected class in
rental housing, a landlord may need to exercise particular care in asking for a
photo I.D.--which will typically show date of birth--to ensure that the process
is done in a manner consistent with local law.

3. For more information, contact the Federal Trade Commission by phone at
202-326-3128, or by mail at Sixth Street & Pennsylvania Avenue NW.,
Washington, DC 20580. A full copy of the text of the FCRA can be obtained
via the Internet at www.ftc.gov.

4. New York state law, for example, gives tenants broad permission to move in
a number of additional people--certain relatives and other
"occupants"--regardless of restrictions in a rental agreement.

----------------------------

Appendix A

Sources for Further Information

As of the first quarter of 1999, more than 400 jurisdictions in the United States
and Canada have received permission to adapt the Landlord Training Program.
The following are examples of resources that have a depth of experience with
the original program or its variations:

o Community Policing Services, Campbell DeLong Resources, Inc., 319 SW.
Washington, Suite 802, Portland, Oregon 97204. Phone: (503) 221-2005.
E-mail: LTPinfo@cdri.com. CDRI handles all license requests, typically for no
charge. Many answers on licensing questions and other program issues can be
found by visiting the Campbell DeLong Web site at www.cdri.com. CDRI can
answer questions about the program on a time-available basis and can provide
referrals to agencies and organizations that may also be able to offer technical
assistance. Also, as the original program developer, CDRI is available to assist
directly with program design and implementation, but can only respond to a
limited number of such requests per year.

o Planning & Support Division, Portland Police Bureau, 1111 SW. Second
Avenue, Room 1552, Portland, Oregon 97204. Phone: (503) 823-0283. This
is the sponsor of the original Landlord Training Program. In 1998 the program
in Portland became a joint partnership between the Portland Police Bureau and
the city of Portland's Bureau of Buildings. The Bureau of Buildings now
manages all Landlord Training Program elements and can provide information
on local program status. Phone: (503) 823-7955.

o Landlord Training Program, Department of Building Inspection, City of
Milwaukee, Room 1008 Municipal Building, 841 North Broadway,
Milwaukee, Wisconsin 53202. Phone: (414) 286-2954. Milwaukee has a
depth of experience in the original Landlord Training Program model and is an
excellent resource for advice on program development. Milwaukee's manual
has been approved as a basis for adaptation by other Wisconsin jurisdictions.

o Landlord Training Program, Community Resource Team, Beaverton Police
Department, David G. Bishop, Chief, 4755 SW. Griffith Drive, Beaverton,
Oregon 97076-4755. Phone: (503) 526-2561. Provides Landlord Training,
monthly "active participation" meetings, and a range of innovative
problem-solving techniques for addressing chronic problems on rental property.
Also experienced in developing the Enhanced Safety Properties Program.

o Jackson County Missouri Landlord Training Program, Jackson County
Prosecutor's Office, Jackson County Missouri, 415 East 12th, 10th Floor,
Kansas City, Missouri 64106. Phone: (816) 881-3555. Provides the Landlord
Training Program and implements a variety of innovative problem-solving
techniques for addressing chronic problems on rental property. Has expertise in
dealing with problems associated with methamphetamine labs.

o Crime Free Rental Housing Program, City of San Bernardino Police
Department, 710 North D Street, First Floor, San Bernardino, California
92410. Phone: (909) 388-4830. Has developed a manual and program based
on the original, with a three-phase certification element added. The city of
San Bernardino's original manual has been approved for adaptation by other
California jurisdictions.

o Department of Community Development, City of Syracuse, 233 East
Washington Street, Syracuse, New York 13202. Phone: (315) 448-8100.
Published a tailored Landlord Training Program Manual based on New York
law and Syracuse-specific issues in 1998. Familiar with the challenges of
establishing a program in the state of New York.

o Landlord Training Program, Oakland Police Department, Beat Health Unit,
455 Seventh Street, Oakland, California 94607. Phone: (510) 615-5808. One
of the earliest to experiment with adapting the program, Oakland has had
considerable experience in providing its version of the Landlord Training
Program.

o Tucson Police Department, Community Services Section, 270 South Stone
Avenue, Tucson, Arizona 85701-1917. Phone: (520) 791-4450. Wrote the
original Arizona version of the Landlord Training Program Manual. Now
provides a version of the Crime Free Multi-Housing Program. Has
considerable experience with the challenges of developing a local training.

o Seattle Neighborhood Group, 1904 Third Avenue, #614, Seattle,
Washington 98101-1100. Phone: (206) 323-9666. Washington area law
enforcement agencies will find the Seattle Neighborhood Group's Landlord
Training Program Manual to be a carefully developed adaptation. It has been
approved for adaptation by other Washington state jurisdictions.

o Landlord Training Program, Austin Police Department, City of Austin,
12425 Lamplight Village Avenue, Austin, Texas 78758. Phone: (512) 834-
7906. A host city for the 1996 train-the-trainer programs, with experience in
providing the trainings.

o Rental Management Training Program, Baltimore County Police Department,
Baltimore County, Maryland, 700 East Joppa Road, Towson, Maryland
21286-5501. Phone: (410) 887-2214. A host agency for the 1996
train-the-trainer programs, with experience in providing the trainings.

o FALCON Narcotic Abatement Unit, City Attorney's Office, City of Los
Angeles, 1645 Corinth Avenue, Room 203, West Los Angeles, California
90025. Phone: (310) 575-8552. A host city for the 1996 train-the-trainer
programs, the city of Los Angeles had not developed a training program
directly as of the printing of the first edition of this monograph.

o Aurora Police-Community Housing Program, Aurora Police Department,
350 North River Street, Aurora, Illinois 60506. Phone: (708) 859-1700.
Provides the Landlord Training Program under the name "Police-Community
Housing Program." 

----------------------------

Appendix B

Sample Letter for Manual Draft Review (as Used in Milwaukee) 

[Date]

Dear Reviewer:

The following draft of the city of Milwaukee's Landlord Training Program is
based on interviews with many organizations and individuals, including
landlords, management associations, private attorneys, tenant advocates,
housing authority personnel, narcotics detectives, crime prevention officers,
Drug Abatement Program staff, and many others. Your review of this draft is a
crucial part of its development. We genuinely desire feedback on the
manual--from the minor points to the grand design. Make all comments and
suggested changes on the draft, and then mail it back to us. Because each
person reviewing this document has a different area of expertise, feel free to
comment only on the area that interests you or on the whole document. It is
unlikely that we will be able to implement every suggestion we receive, but
every suggestion is valuable. 

Please feel free to call and discuss any of your comments by phone. You may
give your feedback to [Program Manager, Department, Number]. Please
respond by [Date].

Please do not make copies of this material or consider the information legally
accurate. This document is being provided to you for the exclusive purpose of
gaining your feedback and not for the purpose of disseminating information.
While it is based on our best understanding of the scope of a landlord's rights,
responsibilities, and options, some elements in this document may be legally
inaccurate and some recommendations not appropriate. A final version will be
published soon; please wait for it.

The current draft has not been professionally proofread, so there may be some
errors; however, the final version will be error free. Program training and
marketing strategy will begin to be developed as we receive feedback on the
manual. Thank you for your support of this project.

Sincerely,

[Signed by Program Manager]

----------------------------

Appendix C

Sample Police Chief's Letter

(as Used in Portland)

[Date]

Dear Property Owner:

Our records indicate that you own rental property in Portland, Oregon.
Because of the problems associated with drug activity in rental housing, I am
writing to you and other rental owners to invite you to a seminar, the Landlord
Training Program, on how landlords and property managers can keep illegal
activity out of their units. To date, more than 7,000 landlords and property
managers have attended the Landlord Training Program in other areas of the
city. Now that the program is being offered for landlords in your neighborhood,
I urge you to take advantage of it.

This program is part of an effort to stop drug activity in residential
neighborhoods. While we use the Specified Crime Ordinance to fine owners
and close property in cases where the landlord has allowed drug dealing,
distribution, or manufacturing on the property, we would prefer to work with
landlords to ensure that problems never reach this level. Landlords who use
techniques from the Landlord Training Program tell us the rewards outweigh the
costs, and include the following: 

o A stabilized, more satisfied tenant base, with increased demand for rentals.

o Lower maintenance and repair costs.

o Improved property values.

o Improved level of personal safety for both tenants and neighbors.

o Peace of mind from spending less time on crisis control.

Reactions from people who have taken the course have been very positive.
Landlords tell us that the course provided them with new screening techniques
and helped them deal successfully with tenants involved in illegal activity. A
recent survey indicates that more than 90 percent of landlords who attend
the training make changes in the way they manage their property as a result of
the program. The program is also an effective community policing tool.

The attached pages provide information about the training, including the times
and locations of upcoming seminars. Please select the date(s) that fits your
schedule, and register by mailing back the enclosed form. If you do not have a
registration form, you may sign up by calling the Planning & Support Division,
Portland Police Bureau, at (503) 823-0283 between 9 a.m. and 4 p.m.
Monday through Friday.

Your attendance is encouraged. We wouldn't ask if it weren't so important.

Very truly yours,

[Signed by Chief of Police]

----------------------------

Appendix D

Sample Information Page 

Schedule is generally shown on reverse side.

Landlord Training Program Information Page

The Landlord Training Program is designed to help owners and managers keep
illegal drug activity and other criminal activity off their property. The content of
the course has been developed through a process of intensive research
involving hundreds of organizations and individuals: landlords, management
associations, private attorneys, public defenders, housing authority personnel,
tenant screening companies, narcotics detectives, district officers, and many
others. The program has won the approval of active landlords and concerned
tenants alike. 

The program has been adapted for [community] by [agency] and is based on
the National Landlord Training Program, originally supported by the Bureau of
Justice Assistance, U.S. Department of Justice. Funding for this series of
trainings is provided by [sponsor name(s)].

Research shows that more than 90 percent of landlords who have taken the
original course agree that they feel more secure in their ability to screen
applicants, more likely to recognize warning signs of drug activity, and more
confident of their ability to evict tenants in illegal activity on the property. Of
landlords who have had to deal with drug-involved tenants after taking the
course, 94 percent report using information from the course to help resolve the
problem. 

The training is presented in two parts in an all-day session. The training
schedule is shown on the reverse side.

PART I

o Introduction--The impact of property management on the health of a
community.

o Applicant Screening--How to screen out dishonest applicants, while ensuring
that honest applicants are encouraged to apply.

o Signs of Dishonest Applicants--Tips on what to look for.

o Rental Agreements--Approaches that will strengthen your ability to evict
drug house tenants.

o Ongoing Management--How to manage property in a way that discourages
illegal behavior and ensures early warning should it occur.

o Partnerships With Residents--How to work with your tenants and property
neighbors to keep illegal activity out of the neighborhood as effectively and
easily as possible.

PART II

o Preparing the property/CPTED--How to use the concepts of crime
prevention through environmental design to reduce the likelihood of crime
occurring on, or near, your rentals.

o Warning Signs of Drug Activity--How to recognize the drugs and the
activity.

o Eviction--The options, the process, and the practical application in drug
house situations.

o Working With the Police--What to expect, what not to expect, and how to
get maximum cooperation.

o About Section 8 (Subsidized Housing)--The rights and responsibilities are
somewhat different from typical private rentals. Success is found by
understanding the differences.

----------------------------

Appendix E

Sample Schedule Page 

Generally shown on back of information page.

Landlord Training Program

Dates, Time, Location(s)

Dates: [Day of Week, Date]

Times: Registration begins at [Time]

Training starts promptly at [Time] and will run until [Time] with a 1-hour
lunch break about noon.

Location[s]: 

Lunch: [On your own--a selection of restaurants are nearby] or [To be
provided]

Parking: 

Call: Please call [Contact, Phone Number] or fax the attached registration
form to [Fax Number], so we can reserve your space today.

Map to location of training, if needed

Thank you. We wouldn't ask if it weren't so important.

----------------------------

Appendix F

Sample Registration Form

Landlord Training Program Registration

Training date and location 

Number attending

Name(s)

Company

Street/P.O. Box

City/State/Zip Code

Business/Daytime Phone

Number of units responsible for:

Units within the city of [Name]

Units outside the city of [Name]

Prior to coming to the training, did you (check all that apply)

o Receive a letter from the police regarding this training

o Hear about it through the news media

o Hear about it through a rental housing association

o Hear about it from friends, colleagues, or acquaintances

Return this form to:

Landlord Training Program

[Agency Address]

----------------------------

Appendix G

Sample Confirmation Letter

[Date]

Dear Property Owner or Manager:

As you requested, we have reserved space for you in the [Date] session of the
Landlord Training Program. This training will be held at the [Location,
Address]. Sign-in for the training will begin at 8:30 a.m., and the training will run
from 9:00 a.m. to approximately 4:30 p.m.

Feedback from earlier trainings shows that the program is of real, practical use
to those who attend. The opportunity to hear ideas from other property
managers, to discuss techniques presented in the training, and to receive written
reference materials has proved to be very successful.

If for any reason you are not planning to attend the training, please call in
advance and let us know. Demand for the training has been high, and we would
rather fill available space from a waiting list than have seats go empty.

We look forward to seeing you on [Date]!

Sincerely,

[Signed by Program Manager]

If you are a person with a disability and need special accommodation, please
call [Number] (voice) or [Number] (TDD).

----------------------------

Appendix H

Sample Certificate of Completion

Neighbors, Landlords, and Law Enforcement in Partnership for Healthy
Communities

completed the City of Portland's seven hour

Landlord Training Program

"Keeping illegal activity out of rental property"

----------------------------

Appendix I

Sample Landlord Training Program Posttraining Questionnaire

Date(s) of Training:

1A. Total number of units responsible for:

B. Number of those units which are within [Jurisdiction] limits:

2A. In which one part of the [jurisdiction] area do you have the most units?
(select one)

Northwest [or Other Appropriate Geographic Division]

o Southwest

o Northeast

o Southeast

o Outside of [Jurisdiction] (specify):

 B. Where do you currently live?

o Northwest [or Other Appropriate Geographic Division]

o Southwest

o Northeast

o Southeast

o Outside of [Jurisdiction] (specify):

3A. To the best of your knowledge, in the past 2 years have you had problems
with tenants involved in drug activity?

o Yes

o No

B. To the best of your knowledge, do you believe you currently have tenants
who are involved in the manufacture or delivery of illegal drugs?

o Yes

o No

C. Have you ever had a methamphetamine lab on any of your properties?

o Yes

o No

4. Please rate the course you just took according to the following criteria
(circle your response):

A. To what degree did the course give you information or ideas that you
didn't already know?

o Poor

o Fair

o Good 

o Excellent

B. To what degree did the course provide practical information?

o Poor 

o Fair 
 
o Good 

o Excellent

C. To what degree will the information help you prevent applicants involved in
drug activity from renting your property?

o Poor 

o Fair 

o Good 

o Excellent

D. To what degree will the information help you deal with drug house
situations should they occur on your property?

o Poor 

o Fair 

o Good 

o Excellent

E. To what degree was the training program worthwhile?

o Poor 

o Fair 

o Good 

o Excellent

F. To what degree did the program increase your awareness of the problems
of methamphetamine manufacturing on rental property?

o Poor 

o Fair 

o Good 

o Excellent

G. To what degree did the program give you a clear description of the steps
to take upon discovering a methamphetamine lab on your property?

o Poor 

o Fair 

o Good 

o Excellent

5. As a result of taking this training, do you plan to make changes in the way
you manage property?

o Definitely

o Probably

o Probably not

6. Which aspects of the training, if any, were particularly valuable? Why?

7. Which aspects of the training, if any, were not valuable? Why?

8. Please rate the training manual on the following:

A. A valuable, "plain English" reference source.

o Poor 

o Fair 

o Good 

o Excellent

B. Provides important information that I can use to keep illegal activity off my
property.

o Poor 

o Fair 

o Good 

o Excellent

9. Please include any other comments regarding the training in the space
below.

10. (Optional) Please include any advice you may have for agencies that affect
your business (police bureau, courts, legislative, legal aid, housing authority,
others)?

11. (Optional)

o Name

o Daytime phone number

Thank you for your participation!

----------------------------

Appendix J

Sample 6-Month Followup Evaluation

Please take a few minutes to fill out this questionnaire and return it in the
postage prepaid envelope. The information you provide will be crucial to future
planning.

1. On [Date], you attended the Landlord Training Program. Did you attend the
entire session, from the introduction and discussion of applicant screening to the
conclusion and discussion of the role of the police in drug house evictions?

o Attended entire training.

o Attended partial training.

2A. Please indicate the total number of rental units you are responsible for:

o Units

B. For how many years have you been a landlord or property manager?

o Years

3A. To the best of your knowledge, in the past 2 years have you had problems
with tenants involved in drug activity?

o Yes 

o No

B. To the best of your knowledge, do you think that you currently have tenants
who are involved in the manufacture or delivery of illegal drugs?

o Yes

o No

4A. As a result of taking the training, have you made changes in the way you
manage your rental property?

o Yes 

o No

B. What changes, if any, have you made?

5A. Since taking the training, have you had to deal with problems associated
with suspicions of drug or other illegal activity on your property?

o Yes

o No 

B. If yes, did information from the Landlord Training Program help you
address the situation?

o Yes

o No

6. Which of the following actions, if any, have you taken since attending the
course?

A. Examined the visibility of my rental unit(s) and made improvements if
necessary (e.g., trim back shrubbery, increase outdoor lighting, or similar
actions).

o Yes

o No

B. Developed or revised written tenant applicant criteria based on ideas
discussed in the course.

o Yes

o No 

o Not Applicable (no tenant turnover since taking the course)

C. Used advice from the training to make other adjustments in the way I
approach applicant screening.

o Yes 

o No 

o Not Applicable (no tenant turnover since taking the course)

D. Inspected property more carefully or more frequently than I would have
prior to taking the training.

o Yes

o No

E. Traded phone numbers with property neighbors.

o Yes 

o No

F. Begun work on apartment watches.

o Yes

o No 

o Not Applicable (renting single-family units only)

G. Purchased updated forms to match current landlord tenant law.

o Yes

o No

H. Used other ideas presented in the training to make adjustments in the way
I manage property.

o Yes

o No

7. Please rate whether you agree or disagree with the following statements
(circle your response):

A. The Landlord Training Program increased my understanding of the role I
can play in reducing the impact of drug activity on residential neighborhoods.

o Agree Strongly 

o Agree 

o Disagree 

o Disagree Strongly

B. As a result of the program, I feel more confident in my ability to screen
applicants.

o Agree Strongly 

o Agree 

o Disagree 

o Disagree Strongly

C. As a result of the program, I am better able to recognize drug activity on
my property should it occur.

o Agree Strongly 

o Agree 

o Disagree 

o Disagree Strongly

D. As a result of the program, I have a better understanding of how the
eviction process works and, should I need to use it, am better able to use it
correctly.

o Agree Strongly 

o Agree 

o Disagree 

o Disagree Strongly

8. Please include any other comments regarding the training in the space below:

9. (Optional)

o Name

o Daytime phone number
 
Thank you for your participation!

----------------------------

Bureau of Justice Assistance Information

General Information

Callers may contact the U.S. Department of Justice Response Center for
general information or specific needs, such as assistance in submitting grants
applications and information on training. To contact the Response Center, call
1-800-421-6770 or write to 1100 Vermont Avenue NW., Washington, DC
20005.

Indepth Information

For more indepth information about BJA, its programs, and its funding
opportunities, requesters can call the BJA Clearinghouse. The BJA
Clearinghouse, a component of the National Criminal Justice Reference Service
(NCJRS), shares BJA program information with state and local agencies and

community groups across the country. Information specialists are available to
provide reference and referral services, publication distribution, participation
and support for conferences, and other networking and outreach activities. The
Clearinghouse can be reached by: 

o Mail
P.O. Box 6000
Rockville, MD 20849-6000

o Visit 
2277 Research Boulevard
Rockville, MD 20850

o Telephone
1-800-688-4252
Monday through Friday
8:30 a.m. to 7 p.m.
eastern time

o Fax
301-519-5212

o Fax on Demand
1-800-688-4252

o BJA Home Page
www.ojp.usdoj.gov/BJA

o NCJRS World Wide Web
www.ncjrs.org

o E-mail
askncjrs@ncjrs.org

o JUSTINFO Newsletter
E-mail to listproc@ncjrs.org
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