RE N E W S

INVESTMENT

NEWSLETTER FOR
MID-AMERICA ASSOCIATION OF
REAL ESTATE INVESTORS

SMOKE DETECTORS:
WHATYOU NEED TO KNOW!
from National REIA

INTERIOR INSPECTIONS
Investors Take Action
from MAREI Staff

NOVEMER 2016

PLUS
HR 5301
Calendar of Events
Market Update
Business Directory

Smoke Detectors

what you need to know

What in the World are
Photoelectric Smoke Detectors
. . . And Why Do I Need Them?

Article from Rebecca McClain

& National REIA's RE Journal
(https://issuu.com/nreia/docs)

National REIA has been closely monitoring

the change in laws about smoke and carbon
monoxide detectors across the country. One
case hit close to home as my son had friends
that were affected. On January 1, 2013 in the
University of Cincinnati campus area three
blocks off campus, two college students died
of smoke inhalation due to a smoldering fire.
As a landlord, getting a call about a tenant
dying in a fire at one of my rental homes is one
of my greatest fears. Reading the article and
hearing the account from my son, I was
bothered by several things.

blaze. News reports and the Fire Department

report said the call came in at 6:48 AM, trucks
were on the scene in less than 3.5 minutes, they
had the fire under control in 10 minutes and had
confined it to one room. A fireman commented
that when he arrived he was not sure they had
the right address because he did not immediately
see signs of fire. The firemen carried the two
victims from the house 9 minutes and 50 seconds
after the first call came in. What killed the
residents was smoke. The fire never got near
them. They were on the floor, apparently trying
to escape when they were overcome with smoke.

The rental was a solid brick house not the

aging, wood framed, structure that I might
first think of when I hear about serious fires.
The fire didnt appear to have been a serious

While there were other complicating factors to

that situation, it did draw a significant amount of
attention to smoke based fatalities that are so
common in house fires. Contrary to popular

belief, most deaths from house fires do

not occur from burns, but instead from
smoke. The smoke based fatalities are a
problem that could most likely be
avoided with the use of a photoelectric
type of smoke detector. These detectors,
according to several university studies,
are significantly more effective in picking
up smoldering fires. With todays
pervasive use of fire retardant materials,
most fires actually smolder for a
significant amount of time before
growing into a flaming-fire. The
photoelectric smoke detectors are
quicker activating with these smoldering
fires and substantially the same in fast
burning fires. By utilizing a single sensor
photoelectric smoke detector, residents
RE INVESTMENT NEWS

SELF DIRECT

may be notified between 2 and 40 minutes

earlier, based on university studies.
Due to this technological advantage, in an effort
to help reduce smoke related fatalities, many
municipalities across the U. S. are changing laws
or passing ordinances to require photoelectric
smoke detectors in rental properties. Most of
these ordinances require a landlord to install one
photoelectric smoke detectors in a bedroom, or
outside of a bedroom between contiguous
bedrooms. Personally, I am placing them in each
bedroom, the hallways, and at the top of the
stairwells depending on the layout of the home.
Many of these new laws put strict time
requirements into place.
Because of the logistics and financial impact, as
well as likelihood of incident, these laws are
asking single-family rentals and smaller buildings
to finish the process more quickly, as student and
university related fatalities have been more
significantly impacted. National REIA has
worked with our partner, The Home Depot and
their manufacturers to address the substantial
need for a dependable solutions for our
members, independent rental owners. In most
areas there will be an annual certification that
the detectors are working. The process for this
will most likely be the posting of a self-signed and
dated certificate I an area by a fire extinguisher
or boiler certificate at the property.
Please consider that ALL smoke alarms expire
after 10 years. If the smoke alarm does not have
a date stamped on it, it most likely predates the
10 year expiration and will be considered
expire by fire inspectors in any region.
Some other ways to make the detector longer
lasting are lithium batteries. These long-life
batteries can help minimize the maintenance
required for battery change outs and reduce the
time it takes to perform annual certification.
Most lithium batteries currently last about 6
years. 9-volt Lithium batteries are less likely to be
removed by tenants, as there are fewer uses
4

MAREI.ORG

outside of smoke alarms for this style of

battery. Longer lasting batteries are expected
to enter the market later this year updates
will be announced as they become available.
Many detectors have a pin near the battery
case, which can help deny or delay a tenant
access to the battery.
So what are the specific difference in smoke
detector types?
Ionization Detectors: typically these are
disabled at least 20% of the time due to
nuisance (false) alarms. Ionization-type
smoke alarms have a small amount of
radioactive material between two electrically
charged plates, which ionized the air and
causes current to flow between the plates.
When smoke enters the chamber, it disrupts
the flow of ions, thus reducing the flow of
current and activating the alarm. Ionization
detectors will often have an atomic symbol on
them for their (exceptionally small)
radioactive ingredient, while photo-electrics
will typically have P in a square stamped on
the case. 90% of all detectors currently being
used are ionization.
Photoelectric smoke alarms: generally more
responsive to fires that begin with a long
period of smoldering. Photoelectric-type
alarms aim a light source into a sensing

chamber at an angle away from the sensor.

Smoke enters into the chamber, reflecting light
onto the light sensor; triggering the alarm.
Combo-Units: Please note the use of the term
single sensor is not without purpose. There
are combo-units that include both ionization
and photoelectric sensors. However, these
combo units consistently react slower than
single sensor units in various tests, and are not
recommended. To be brief, they are more
costly and less effective.
Although many of the changes in the law call for
photoelectric installation, for each type of
smoke alarm, the advantage it provides may be
critical to life safety in some fire situations. Fatal
fires in a rental home, day or night, include a
large number of smoldering fires and a large
number of flaming fires. You cant predict the
type of fire you may have in your rental home or
when it will occur. Any smoke alarm
technology, to be acceptable, must perform
acceptably for both types of fries in order to
provide early warning of fire at all times of the
day or night and whether you are asleep or
awake.
For best protection, NREIA recommends both
(ionization and photoelectric) technologies to
be used in rental homes. We also encourage
having a working and tested carbon monoxide
detector and fire extinguisher in your rentals.

SELLER FINANCE

H.R.5301
ACTION
ONMay19th,2016HR5301:TheSellerFinance
EnhancementActwasintroducedtothe114thUS
CongressbyCongressmanRogerWilliamsa
RepublicanfromTexasalongwithhisco-sponsors
1.RandyNeugebauer(R-TX-10)
2.BobbyRush(D-IL-1)
3.MickMulvaney(R-SC-5)
4.HenryCueller(D-TX-28)
InitiallyannouncedbytheSellerFinanceCoalitionat
aNoteSchoolEventwaybackin2013bytheoneand
onlysponsoratthetimeCongressRogerWilliams,it
hasgonethroughmanydraftingsanddiscussionsto
createthefinalbillthatwasintroducedandtoadd
theinitialco-sponsorslisted.
WhentheSAFEActandDodd-Frankwentintoeffect
itvirtuallyovernightstoppedmostrealestate
investorsfromofferingsellerfinancingand
installmentsalestohomeownerswhocouldillafford
theblow.SellerFinancingbyistheprimarysource
forfinancingforhomebuyersintheunder$50,000
pricerangeandthosebuyingnon-conventional
housing,likemobilehomes.Discouraging
homeownership.
TheBillwouldsimplyexemptsellerfinancerswho
originatenotmorethan24mortgagesina12-month
periodfrommortgagelendingrulesundertheSAFE
ActandDodd-FrankAct.SpecificallytheLoan

RE INVESTMENT NEWS

OriginatorLicensingand
Registrationrequirementsofthe
SAFEActandfromthedebtto
incomeratiorestrictionsofthe
Dodd-FrankAct.
Twentyfoursellerfinancedloans
peryear,includingfirstmortgages,
secondmortgagesandinstallment
landcontractsisenoughfor
almostanysmallrealestate
investortogetbacktoimproving
ourcitieshousingstock,providing
clean,savehousingforconsumers
toown,andmakingsomelong
terminterestonthesetransactions
tohelpsecureandstabilizeour
ownfinancialfutures.
Sincefirstbeingintroduced,the
listofcosponsorshavegrownfrom
theinitial4cosponsorstoafull14
representativesonbothsidesof
theaisle,includingthoselisted
previouslyandbelow.

MAREI.ORG

5.AlanGrayson(D-FL-9)
6.JimBridenstine(R-Al-1)
7.DuncanHunter(R-CA-5)0
8.BradleyByrne(R-AL-1)
9.BrianBabin(R-TX-36)
10.KennyMarchant(R-TX-24)
11.DavidJoyce(R-OH-14)
12.SamGraves(R-MO-6)
13.KenCalvert(R-CA-42)

SellerFinanceCoalition.organd
learnmoreaboutHR5301and
jointheSellerFinanceCoalition.

Whatcanyoudotohelpasa
propertyowner:

ShareVideos:
Youcanalsosharethefollowing
3Videosthroughyourownonline
media:

ContactYourCongressman.
NationalREIAhassetupaquick
wayforyoutoreachouttoyour
Congressman.
Goto
nationalreia.org/action-center/
2.JointheSellerFinance
Coalition:
Goto

SpreadtheWord:
Youwillfindpostsandsocial
medialinksattheabovesites
thatwillallowyoutospreadthe
word.

AdfromtheSellerFinance
Coalition:
https://youtu.be/0AvbiOVyIks
VideofromBobRepass:
https://youtu.be/KLq79_PpQV8
VideofromJeffWatson:
https://youtu.be/hcSoeg7X4o4

Shipping Made Easy

Like anything else, shipping costs can be one

those little things that can eat into your
bottom-line in a big way. Thats where the
National REIA Shipping Program, managed
by PartnerShip comes into play.
The program is a comprehensive inbound and
outbound shipping program that combines
simplicity, savings, and value to all National
REIA members. As the NREIA-endorsed
shipping management provider, PartnerShip
works with FedEx, UPS Freight, YRC
Freight, and other reputable carriers to
provide unparalleled customer service
and significant savings on every
shipment.
PartnerShip LLC is offering discounts on
shipping and printing through Fed Ex Office
through National REIA between 20% and 26 %
plus up to 76% off on LTL shipping.

Log into MAREIMember.com to access your

discounts.

MAREI.ORG/CALENDAR

THE CALENDAR
FROM OTHER GROUPS >

MEETING

LEGISLATIVE
UPDATE Thursday Not Tuesday

WinVestor's
Hosted by Brian & Michelle Winberry
Wednesday Mornings at 9 am
Lucky Brewgrill
5401 Johnson Drive, Mission

No matter what happens at the Tuesday Election, We still need to

take care of the Real Estate Industry. We will be discussing current
issues that we all need know about. !Be sure to RSVP Online and
join us at the Holiday Inn at 8787 Reeder Road from 6pm to 9pm
on Thursday November 10th FREE for Members and 1st Time
Guests. All others pay $25 at the door or $15 when they preregsiter at MAREI.org.

1st Saturdays
Hosted by Jim & Beth Kasper
1st Saturday of the Month 9 am
Networking Coffee / Denny's
9001 Shawnee Mission Pkwy, Mission
Landlords of Johnson County
First Wednesday of the Month
Matt Ross Community Center
8101 Marty, Overland Park, KS
Cass County Landlords
3rd Tuesday of the Month
Carnegie Village
103 Bernard Drive, Belton
Landlord Inc of KCK
3rd Tuesday of the Month
Loan Star Steak House
1501 Village West, KCK
Blue Springs Real Estate Investors
3rd Thursday of the Month
Perkins
3939 S Bolger, Rd, Independence
Landlords Inc.
4th Tuesday of the Month
Central United Methodist Church
5144 Oak Street, KCMO
Landlords of EJC
4th Thursday of the Month
Allen's Banquet Hall
11330 E Truman Rd
Independence, MO
Jackson County Real Estate Investors
Last Wednesday of the Month
4 West Monroe Street
Buckner, Missouri

WEBINAR

THE PERFECT TENANT

As we build our rental portfolios, we need to protect our asset. One of
the best ways to protect ourselves is by screening tenants. Screening
Expert David Picron from RentPerfect.com is going to be joining us to
discuss how to screen for the perfect tenant. This webiar is on Tuesday
November 15th at 3pm. There is no charge for this webinar. Please go to
www.MAREI.org to get pre-register.

See full day

workshop
page 5

DECEMBER

3RD ANNUAL NETWORKING FOR TOTS

2016 marks our 3rd Annual
Speed Networking for Toys
for Tots Event. This is one of
two annual meetings that
we ask all members to
contribute. Event is oppen to
everyone, all we ask to attend
and network is for you to
bring a new unwrapped toy
or make a cash donation to
Toys for Tots. Tuesday
December 13th, 6 pm.

We are so glad we joined . . . We already have received our monies worth . . .

we were able to find a great contractor for our first rehab project at the meeting!"
"

MARKET UPDTATE

Sept. 2016

3,343 $15k 2,919

homes sold

5.3% Increase over 2015

58

average days on
market

pending sales

14,733 average
sale price
increase from
same time last
year (7.3%)

average: $216,451
median: $182,000

3.6% Increase over 2015

8,089
houses for sale
28.4% decrease
2.6 month supply

17.1 % Decrease from 2015

96.2

of asking price

1.3% Increase over 2015

Demand has remained high through the first three quarters of 2016. With rental prices and
employment opportunities in a consistent climb, year-over-year increases in home buying are
probable for the rest of the year but not guaranteed.
In general, today's demand is driven by three factors: Millennials are reaching prime homebuying age, growing families are looking for larger homes and empty nesters are downsizing.
However, intriguingly low interest rates often prompt refinancing instead of listing, contributing
to lower inventory. Recent studies have also shown that short-term rentals are keeping a
collection of homes off the market.
For further detail see http://www.kcrar.com/statistics

INVESTORSTAKE
ACTIONON
INTERIOR
INSPECTIONS
Lets face it, our local cities are facing
hard times. Their expenses are
continually going up and their
funding is not necessarily going up.
They could raise taxes, but they
may not be elected to the city council
next time up. So they are getting
creative.
These same officials are facing aging
housing stock where the homes and
apartments need to be repaired and
updated, maintained and even
replaced as time goes on. And while
home owner work hard to maintain
what they own, there are some who
do not have the time, money or
ability to maintain their homes. Some
just dont care and also do nothing.
In an effort to make sure the housing
in their city is safe, they have long

10

MAREI.ORG

had rules and regulations on the

books that require inspections to
make sure the building is up to code
and meet city codes rules and
regulations. But now with the aging
stock and the need for more funds,
more and more cities are creating
new rules and regulations that
require the at least the landlord
property owners to get a license of
some sort, generating income. And in
an effort to keep properties
maintained, they are creating new
inspection rules to go along with
those licensing requirements.
All well and good, except for
something called the Fourth
Amendment to the Constitution that
prohibits warrantless inspections of
homes without the occupants
consent.

By
Stff
This past year in 2015 in a precedentsetting win for personal freedom and
tenants, the U.S. District Court for
the Southern District of Ohio in the
Baker v. the City of Portsmouth, the
court rules that the Portsmouth
[Ohio Rental Dwelling Code] violates
the Fourth Amendment insofar as it
authorizes warrantless
administrative inspections. It is
undisputed that the RDC affords no
warrant procedure or other
mechanism for pre-compliance
review. As in the above cases, the
owners and/or tenants of rental
properties in Portsmouth are thus
faced with the choice of consenting
to the warrantless inspection or

RENTAL PROPERTY

facing criminal charges, a result the Supreme

Court has expressly disavowed under the
Fourth Amendment.

3) Local government may continue to do

inspections when building permits are
required.

What does that mean for everyone else not in

Portsmouth Ohio, well the next step was to see if
the city in question would appeal the ruling,
which they did not. Next up would be for others
to take suit against their own cities to get similar
rulings.

4) The law reserves the right of a Tenant to

request an interior inspection from the local
government, as already defined in the Kansas
Landlord-Tenant Law (58-2572).

In another case in Colorado where a rental

inspection program was started to cut down on
slum lords and make sure every resident has a
habitable place to live, a tenant ended up in court
for refusing to allow inspectors into his home. In
that case the city manager ordered a stay on
interior rental inspections on single family
homes until they could be removed from their
inspection program. Although they are still
maintaining the inspection rules for multi family.
Meanwhile, cities in Kansas and Missouri keep
creating new interior inspection laws for their
cities.
In the State of Kansas, The Associated Landlords
of Kansas and their President Ed Jaskinia was
successful in getting HB @665 that was
eventually combined with SB 366 and several
other bills passed and signed into Kansas Law on
May 17, 2016. This new Kansas Law says four
important things:
1) No residential rental licensing program
operated by city or county governments may do
an INTERIOR inspection without the consent of
the lawful occupant. They must ask, and the
Tenant must agree, or the inspection is not
allowed to happen. There is an exception to this
law for mixed use buildings, such as a building
with both commercial and residential Tenants.
2) This law does NOT make any changes to the
Landlords right to enter as defined in the Kansas
Landlord-Tenant Law (58-2557).

TALK Lobbyist Ed Jaskinia worked very hard

on this bill for almost a year, fighting off
multitudes of attacks. He asked for and
received much cooperation and support
from the Realtor Lobbyist and many others,
without whom this legislation might not have
passed.
Effective July 1, 2016, this new law is a giant
step forward in preserving the rights of both
property and privacy for the citizens of
Kansas.
Many cities are still doing interior inspections
on rentals when they are vacant between
tenants or when they are able to obtain and
administrative warrant, so we will need to
watch and see how cities across Kansas deal
with this aspect.
Most recently the city of Independence
Missouri voted to amend city code to add
interior inspections every two years on rental
property. To get around the 4th amendment
issue, the city has decided they will not do the
inspection, but rather provide the list of
qualified inspectors and require the landlord
to order and pay for their own inspections.
The landlords in Independence collected
signatures in attempt to get the ordinance
put to the vote but were un-successful.

landlords. They will then choose to go

out of business or pass the expense on
to the tenant resident. However, the
slum lord, which the cities concede is a
miniscule portion of all landlords, well,
we are pretty sure that they dont
care about their properties, their
tenants or even the rules and why
would even more rules make them do
anything different.
So what can we as landlords, investors
and property owners in Missouri do?
We highly encourage you to be part
of some or several organizations who
monitor what is going on and respond
as best they can. First join MAREI and
be sure to subscribe to our email
newsletters and / or follow MAREI on
social media. Next, join the Landlord
organization(s) in the cities where you
hold rentals. We list many of them on
the MAREI calendar to help you find
one near you.. As each and every city
is going to have a different set of rules
and regulations, your local landlord
group is going to be your best first line
of defense.
In Kansas most landlord groups are
already a part of their state
Organization The Associated
Landlords of Kansas. In Missouri,
there is no state Organization.
It takes coordinated effort to show
the general public, that 99.9% of all
Landlords are good people, with great
properties, who take care of their
tenants. The public only sees that
0.1% of the bad landlords as bad press
sells generates more viewers that the
cute feel good stories.

So, where is this all going? Well, here at

MAREI, our belief is that the more you
regulate the rentals, the costs will go up for

RE INVESTMENT NEWS

11

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Property Buyer
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MERCHANTS MORTGAGE

REALEFLOW

Real Estate Finance Company

Susan Aubin
www.MerchantsMtg.com
720-554-9480

Real Estate Investor Platform

Marketing, Management, Deal Flow
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MIDATLANTIC IRA
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David Lang
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816-590-6345 David's Cell

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REAL ESTATE INVESTING

TODAY
Real Estate News from National REIA.
www.RealEstateInvestingToday.com

NATIONAL REIA U

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www.NationalREIAU.com

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increasingly social and business networking websites.
3
In real estate this means getting to know your fellow real estate investors as well as service
providers and even people not in the industry. Any one of these people may be vital for your
next real estate transaction possibly by bringing the transaction to your attention, providing a
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online. You need to develop group of people that know like and trust you who want to do
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So please join us each month at the MAREI events and grow your Neetwork.

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