Institute of Real Estate Management
IREM Legislative Affairs
IREM Legislative Update
A. The City of Las Vegas has been developing a Proactive Rental Enforcement Program (PREP)- designed to ensure compliance of housing codes- annual fee 25/unit- 5 year exemption for new construction- annual inspection of 2 units or 10% which ever is greater- there is a grading system- a 2 year exemption from fees and inspections if your property has a majority of sampled units and common areas receive an A with no sampled units or common area receiving les than a Grade B.
You can refer to this program by
http://www.lasvegasnevada.gov/neighborhoodservices.
REMEMBER IF THIS GOES THROUGH- YOU WILL SEE SIMILIAR PROGRAMS IN ALL OF THE MUNICIPALITIES IN S. NEVADA- you can email comments to PREP@lasvegasnevada.gov, fax at 702-464-2515 or mail it to PREP Program c/o City of LV Neighborhood Services Dept, 2nd floor, 400 Stewart Ave, Las Vegas 89101
There are many problems with this program. Many of us feel that new construction should not be exempt-forget about whether you have had roof problems or slab leak problems or just construction problems, we all know that poor management/maintenance and problem tenants can cause problems that would merit deficiency points in this program. The second issue is that there is a list of 20 violations that right off the bat is a minus 50 points. (just like in school A is 90-100. B 80-89, C-70-79, D 60-69). Here are some examples: failure to maintain bath/shower, lavatory, water closet , kitchen sink in a safe condition- so if a tenant fails to communicate with you about the condition of these items, and if you only had this one apt have problem and no others, do you receive a minus 50? failure to maintain one elevator operational minus 50- so what happens if you only have one elevator and you are waiting on parts?- what happens when you have cleaned the exterior first thing in the morning and an inspector shows up in afternoon- well, you now have trash on the property minus 2, a gate is now broken a minus 20, some one has graffiti wall a minus 2.
Let's look at other issues- at any one time in any period of time can you have a stairway, balcony, handrail not maintained properly those are all minus 5 per item?
If you would like a copy of the full proposal including the 4 pages of violations and their grades, please contact me either by email and we will fax it to you.
What are some of the bottom line issues?
First, very few buildings will ever see a 2 year exemption from fees and inspections.
Second, what happens if you had the 2 year exemption and a tenant reports you to City on item that has not been repaired?
Third, this is a self-promoting program, in order to justify its existence the inspectors will always find something wrong with your property. Fourth, the tenants have recourse now. If a tenant believes that you have not been properly maintaining his unit or the common area, he can call neighborhood services and they will come out to inspect that unit.
This neighborhood services could also initiate a full inspection of your property with the police, fire department and health department based upon what condition they see as to the individual unit and the common area, just in general. The ordiances are already on the books. The procedures to address deficiencies are on the books. The City of Las Vegas has already demonstrated that it has no qualms of shutting down your property. So the question becomes why create another layer of bureacracy? As to supporting the players who are part of the current neighborhood response team, than you charge the property that you investigate.
One of the opinions that the City maintains is that tenants do not know their rights. I am not sure I can take that at face value. At least my tenants on all income levels certainly have no problems calling the health or housing departments. One of the suggestions that is being developed by the apartment associations is to include a phone number or numbers in the lease agreements or signs in the offices informing tenants of their rights and options.
2. Republic Services- If you haven't noticed, we are being billed for over charges from Republic Services. This policy was initiated just over a year ago (corresponding with their new area president). The drivers of Republic Services get $ 4.00 per photo for trash over the bin
lip- Then someone in the corporate office determines what you have to pay as an overcharge. What is actually happening is now part of a scam- drivers are actually skipping bins that are only half full, etc- so that when they make their next run, guess what, photo time and an overcharge to your property. For years, we have endured damages to our trash bin containers, gates, curbs and asphalt streets. We have endured fighting with the local representatives to be reimbursed, etc.
Last Friday, we met with Bob Coyle, area president for Republic Services phone no, 734-5446, email coyleb@repsrv.com and his customer reps for commercial/apt residential properties, one of which technically covers your area, Scott Harwood at 399-1900 email HarwoodS@repsrv.com, Ken Feinberg at 399-5559 email FeinbergK@repsrv.com and Jack Corcoran at
399-5501 at email Corcoran@repsrv.com.
These are the people that you need to contact and that your onsites have their phone numbers and email addresses. If you have: missing pick up days, missing picked up bins, and overcharges you want to disbute, damages to your property- etc.
This meeting lasted about 3 hours and you can trust me when I tell you that these men received tremendous criticism of their company's performance with much documentation from letters and photographs from the 11 firms who attended the meeting representating thousands of residential and office/commercial properties.
We told the president that we wanted the following: a copy of the contract that they had with the municipalities- a copy of the normal rate structure, a copy of the ordinance that allowed them to charge us for the overflow bins. The president stated that if you had damage done to your property that within 2 days a rep would be at your property. In the interim, we need to obtain bids to repair. Within three days after the rep sees the damage and your bids, they would report back to you to confirm or deny responsibility and if the bid is acceptable. We are going to the "mattresses" with the on-going problems with Republic Services and I think that after the meeting, they fully understood our position.
IF THIS WASN'T ENOUGH, WE WERE INFORMED THAT THE COUNTY IS ONCE AGAIN TALKING ABOUT MANDATORY RECYCLING. Who is against that in theory? No
one- except- they tried this program many years ago- it failed not only with the commercial users but with the single family homeowner. First, where would you like to put these extra bins? Most of us have no room in our lots. Second, who is going to take the gun to our tenants' heads to make them comply- they can't find the trash containers now- Third, are we going to be fined for the fact that our tenants will misuse the trash bins? You know that's what will happen. Let's add on the City of Las Vegas for citing us also on this one when the tenants screw up- More and more of our onsite personell will be working an increased amount of time towards clean up and less time in our maintenance repairs (or more OT time or more employees per property).
GUESS WHAT? there is a meeting on this issue with the County's
Recycling Advisory Committee on March 28. WE NEED SOMEONE TO ATTEND THAT MEETING AS BOTH BRENDA AND I HAVE CONFLICTS. WHO CAN HELP? For more info on this one please contact Tamara Williams at the County's Manager Office at 455-0237 or email tgw@co.clark.nv.us

