Friday, October 14, 2022

GOOD NEWS FOR RETIREES!!

In 2023, the Cost of Living Adjustment (COLA) will increase by 8.7%.  Medicare costs will decrease from $170.10 to 164.90.  

Medicare deductibles will also decrease from $233 to $226.  

Medicare part D premiums, which retirees can choose to have deducted from their Social Security checks and cover costs associated with various prescription drugs, are also expected to fall in 2023. The Centers for Medicare & Medicaid Services (CMS) expects part D premiums in 2023 to inch lower from $32.08 to $31.50, offering a small reprieve for seniors and retirees.

For those seniors who opt to get Medicare Advantage, which is insurance offered by private companies that contract with Medicare, covers all of the services provided in Medicare parts A, B, and D. Average Medicare Advantage premiums are expected to drop by about 8% from $19.52 to $18 per month next year.

How Much in Medicare Premiums Will Be Deducted From Your Social Security Checks in 2023? (msn.com)

A ONE STOP SHOP FOR COMPLAINTS TO THE CITY OF RICHMOND

"In terms of functionality, RVA 311 is a relatively standard non-emergency citizen service request platform. Residents, visitors and businesses in Richmond can use it to report things like potholes, broken sidewalks or unruly grass, as well as to access 150 sets of frequently asked questions about everything from taxes to parking tickets."

If tenants have issues with problems such as flooding in apartments and garages, no heat or air conditioning, or any other problem in rental housing, RVA 311 wades through the frustration of contacting the appropriate City Department.  Just call (804) 646-6955 or (804) 646-7000.  The operator will take your complaint, get your name and phone number, the address of the problem, give you a confirmation number and the option of receiving email updates.  

The phone is manned every weekday from 8:00 a.m. to 5:00, except Wednesday.  Those hours are from 9:00 a.m. to 5:00 p.m.  In 2021, the Call Center handled over 81,000 requests.  You can call, go to the website or use a mobile app.  For more information:

Click here:  About RVA 311 | Richmond.  This page will give you a link to the website.

TOP TEN LANDLORD LEGAL RESPONSIBILITIES IN VIRGINIA

Virginia landlords must follow specific state (as well as federal, and often local) rules when it comes to renting to tenants. Landlord-tenant law in Virginia covers everything from questions included on a rental application to how and when landlords can increase rent or terminate a tenancy. 

1. Comply With Anti-Discrimination Laws

Tenants in Virginia have one extra protection against discrimination in renting--Elderliness. Virginia Fair Housing Law makes it illegal to discriminate in residential housing on the basis of race, color, religion, national origin, sex, elderliness, familial status, disability, source of funds, sexual orientation, gender identity, or military status. The law prohibits applying one standard to one class of individuals while applying a different standard to another class of individuals.

For example, it would be illegal to ask an applicant with a disability to provide a credit report if applicants without disabilities do not have to provide one.

2. Follow State Rent Rules

All landlords want their tenants to pay rent on time and without hassle. Landlords who want to raise the rent or evict a tenant must comply with the specific rules and procedures in Virginia. State law regulates several rent-related issues, such as the amount a landlord can charge a tenant who bounces a check (maximum of $50, plus the amount the bank charges for processing the check).  Late fees are capped at 10% of the unpaid balance.

3. Meet State Security Deposit Limits and Return Rules

Security deposits are among the biggest sources of dispute between landlords and tenants. In LIV, tenants are not charged a deposit.  They are charged "community fees."  Security deposits must be placed in escrow and returned at the end of the tenancy.  Community fees are not refundable.

4. Provide Habitable Housing

Landlords are legally required to keep rental premises livable in Virginia, under a legal doctrine called the "implied warranty of habitability." If you don't take care of important repairs, such as a broken heater, tenants in Virginia may have several options, including the right to withhold rent.  At this point, withholding rent must be done through the courts.  There is a proposed law in the General Assembly that, if passed, would allow a tenant to withhold rent after giving written notice of repairs needed and a deadline date to get the work done.  This is known as the "Habitability Defense Act."  Habitability includes water leaks, heat, A/C and roach infestations.

5.You are Entitled to a Legal Written Lease or Rental Agreement

The rental agreement or lease that you and your landlord sign sets out the contractual basis of your relationship with the landlord, and is full of crucial business details, such as how long the tenant can occupy the rental and the amount of the rent. Taken together with federal, state, and local landlord-tenant laws, your lease or rental agreement sets out all the legal rules you and your tenant must follow.

Problems arise when landlords include illegal clauses in the lease, such as a waiver of landlord responsibility to keep premises habitable, or when landlords fail to make legally required disclosures (discussed in the next section).  Section 55.1-1204, Section A of the Virginia Code states:  "...landlord and tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law..."

It should be noted that complete copies of leases are not given to tenants.  This blogger has copies of four leases that are not complete.

6. Make Legally Required Disclosures

Under Virginia law, landlords must make certain disclosures to tenants (usually in the lease or rental agreement), such as any visible evidence of mold at the start of the tenancy. Landlords must comply with required federal disclosures regarding lead-based paint on the property, or face hefty financial penalties.

7. Respect Tenants' Privacy

Virginia landlords must provide 24 hours' notice before entering rental property—for example, to make repairs (unless the tenant has requested maintenance, then no notice is required or for an emergency, such as leaks,) or to inspect the property.  Recently, LIV had instances where staff entered apartments to check wiring for televisions with no notice whatsoever.

8. Landlords Cannot Retaliate Against a Tenant Who Exercises a Legal Right

It is illegal to retaliate against a tenant in Virginia—for example, by attempting to raise the rent or evict a tenant for complaining about an unsafe living condition.  Recently a tenant was sent a threatening message from management through another tenant.  This is against the law.

9. Landlords Must Follow Exact Procedures for Terminating a Tenancy or Evicting a Tenant

State laws specify when and how a landlord may terminate a tenancy. Failure to follow the legal rules may result in delays (sometimes extensive) in terminating a tenancy. Virginia law specifies, for example, the amount and type of termination notice a landlord must give a tenant who has violated the lease; if the breach was a criminal act, the landlord may immediately terminate the tenancy. 

10.Take Advantage of Legal Resources Available to Renters

Be sure to check out government agencies, such as the U. S. Department of Housing and Urban Development (HUD), Virginia Fair Housing Authority, Virginia Legal Aid, and Virginia Poverty Law Center.  

The Virginia Fair Housing Authority offers training in housing law in Virginia.  This blogger recently attended a three-hour online class and learned a lot.  The Fair Housing Center is part of the Department of Professional and Occupational Regulation.  Virginia Fair Housing Office | Virginia Department of Professional and Occupational Regulation

SMOKE AND CARBON MONOXIDE ALARMS

Did you know?  According to Section 55.1-1220, Landlord to maintain fit premises:

8.  The Landlord must "Provide a certificate to the tenant that all smoke alarms are present, have been inspected, and are in good working order no more than once every 12 months.  The Landlord, his employees, or an independent contractor may perform the inspection to determine that the smoke alarm is in good working order."

This means the landlord must inspect the alarms at least annually and make sure the batteries are working and there are no defaults in the alarms.  "The batteries are on order" is not an excuse.  For each annual inspection, the tenant must receive a written certification from the landlord or his representative.

WHAT IS AND WHAT ISN'T AN EMERGENCY?

What Is (and Isn't) a Maintenance Emergency - Draper and Kramer, Incorporated

When something goes wrong in your apartment, is it a maintenance emergency? Or not?

If you are in doubt about what constitutes an emergency, you’re not alone. After all, many tenants live in their apartments for a long time without experiencing a issue. As a result, there’s not always a great deal of experience to draw from. But as the COVID-era continues on, and people remain at home most of the time, plumbing and appliances will inevitably get more use— and will require more maintenance as a result.

Read on to learn the difference between a maintenance issue that is serious enough to require immediate emergency assistance and one that is more suited to a typical maintenance request.

What is a Maintenance Emergency?

Let’s begin by defining the term “maintenance emergency.” It is something that requires immediate attention. If left unresolved, the problem could result in injury, threaten one’s health, or cause serious property damage. For example, a suspected gas leak is always an emergency. Sometimes, the context matters, like a loss of air conditioning during a heat wave.

So, is it a maintenance emergency? There are three possible answers: yes, no and maybe.

YES, A MAINTENANCE EMERGENCY

Some occurrences are definitely emergencies. Fires, floods, suspected gas leaks, or a loss of power or water are examples. In many such situations, your first call is often to someone other than your property manager. Let’s take a look at some examples.

Fire

Open flames or heavy smoke in your apartment require an immediate call to 911. Any hesitation endangers tenants and others. Any delay may also increase damage to your unit, adjacent units, or the entire building. The 911 dispatcher will provide instructions specific to the threat.

Gas Leak

A natural gas leak is very dangerous, even life-threatening. There’s the possibility of carbon monoxide poisoning or an explosion. Fortunately, utility companies add the chemical mercaptan to natural gas to make it smell like rotten eggs or sulfur. In the event of a suspected gas leak, turn off your appliances and/or the gas line. Immediately evacuate the area and call 911. Avoid creating any spark or flame that could cause an explosion.

Carbon Monoxide

Poisonous, odorless carbon monoxide (CO) may infiltrate your living space in a variety of ways. A vehicle running inside an attached garage is one source. Grills, snow-blocked dryer vents, and blockages in wood-burning fireplaces are other sources. Malfunctioning gas water heaters or furnaces may also increase CO levels.

Symptoms of carbon monoxide poisoning vary. Initial symptoms often include tightness across the forehead, a pounding heart, or headache. Since exposure to concentrated CO can be fatal, it is vital to act without delay. Vacate the premises and seek help. Open windows to ventilate the unit, but only if you can do so safely.

Flooding

There are different reasons for flooding in an apartment. Examples include a broken water line or water overflowing from another apartment. A backed up sanitary sewer or an overflowing storm sewer are other possibilities. If you arrive at home and there’s flooding, it’s time for an emergency maintenance request. Vacate the premises and contact management. Sometimes, flooding may pose a threat of electrocution. Seek immediate help to reduce damage to personal possessions, carpet, and drywall.

No Electricity

Widespread loss of power may occur due to a windstorm, an ice storm or a blown transformer. Contact your local utility to report an outage. Your local utility will restore power as quickly as possible. Such power outages are beyond the control of the property manager.

A loss of power within an apartment building is different. Sometimes, an electrical overload trips a circuit breaker. If it’s accessible, check the circuit breaker to reset it. If not, seek management’s help. Sometimes, an overload trips a ground-fault circuit interrupter (GFCI) built into an electrical outlet. Portable appliances like hair dryers draw significant power. To reset it, push in the red horizontal button in the middle of the face plate.

No Water

In all cases, make management aware when fresh water does not flow to your apartment. Loss of water is a maintenance emergency. Sometimes, a broken water main is the culprit. The local water utility will try to complete a repair as quickly as possible. It is also possible that the problem is on the premises. The main water line may get clogged, for example. Or, there might be a mechanical failure of a booster pump or a hydro-pneumatic storage tank.

NOT A MAINTENANCE EMERGENCY

Tenants do encounter certain events that may feel like emergencies in the moment. However, they are not considered maintenance emergencies.

Noisy Neighbors

Noisy parties or loud voices are not considered emergencies. Still, it can be helpful to follow up with management during regular hours. Be sure to report suspected criminal conduct to 911.

Locked Out of the Apartment

Getting locked out of an apartment requires a call to a local locksmith. However, the locksmith must coordinate the re-keying with the property manager. It is vital that the lock still works with the property’s master key. You might wonder if your renter’s insurance covers the cost of a locksmith. It might, but only in the event of a covered theft.

It’s becoming increasingly common for properties managers to issue key fobs to tenants instead of traditional metal keys. In the event that you’re locked out of your apartment unit because you lost your key fob, the property manager will be able to re-issue you a new one. Depending on the details of your lease, you may be charged a fee for a re-issued key fob.

Possible Maintenance Emergency

The context in which a problem occurs is often important. The setting or the situation may determine whether there’s a maintenance emergency. Consider these examples.

No Heat

If it is really cold outside, a loss of heat might be an emergency. Close doors and windows to help keep the existing heat in the unit. At other times, it’s still vital to submit a maintenance request.

No Air Conditioning

Loss of air conditioning is not usually considered an emergency. Still, you’ll want to submit a maintenance request. Today, many tenants live in buildings with central air conditioning. As a result, management often learns of an issue right away. Still, you’ll want to submit a maintenance request, particularly if it’s a window unit. In extreme heat, the loss of air conditioning may be a maintenance emergency. In that situation, contact management without delay.

Clogged Plumbing

A clogged sink or toilet is not an emergency. However, it is a maintenance emergency if the whole plumbing system is clogged.


***REMEMBER:  TENANTS SHOULD SUBMIT REQUESTS IN WRITING WHENEVER POSSIBLE.

 

 

DROP DEAD DATE TO HAVE HEAT TURNED ON

The State Code of Virginia designates the date to have heat turned on as October 15th.  The City of Richmond Building Code uses the same date.  The State Code text is as follows:

Section 602.2 Heat supply.  Every owner and operator of a Group R-2 apartment building who rents, leases, or lets one or more dwelling unit, rooming unit, dormitory, or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 15 to May 1 to maintain a temperature of not less than 68 degrees F (20 degrees C) in all habitable rooms, bathrooms, and toilet rooms.  The code official may also consider modifications as provided in Section 104.5.2 when requested for unusual circumstances or may issue notice approving building owners to convert shared heating and cooling piping HVAC systems 14 calendars before or after the established dates when extended periods of unusual temperatures merit modifying these dates.

This means that if it is unusually cold or warm for two weeks before or after October 15, the owner must ask for permission from the City Inspector to extend the deadline either way.  Otherwise October 15 is the drop dead date.  If you have no heat, contact RVA311 at (804) 646-6955.  They will take the information and contact the City Inspector for you.  

Friday, October 7, 2022

AGEISM--THE NEW DISCRIMINATION

It recently came to this Blogger's attention that there is a new form of discrimination aimed at elderly people.  It's referred to as "Ageism."

Tracy Gendron, Professor of Gerontology at Virginia Commonwealth University, recently published a book on the topic.  According to Gendron, Robert Butler, one of the pioneers in ageing research, used the word ageism to describe “prejudice by one age group against another age group” (Butler 1969, p. 243). 

Butler argued that ageism represents discrimination by the middle-aged group against the younger and older groups in society, because the middle-aged group is responsible for the welfare of the younger and older age groups, which are seen as dependent. He compared the effects of ageism to the negative effects of racism or discrimination based on social class and discussed the intersections between ageism and other forms of discrimination and disempowerment (Butler 1969). 

In subsequent work, Butler (1980) continued to compare ageism to sexism and racism (the other two well-known “isms”), arguing that ageism is manifested as attitudes, behaviours, and institutional practices and policies directed towards older adults. Ageism can be either positive or negative, yet it tends to carry negative consequences by creating self-fulfilling prophecies" (Butler 1980).

Gendron maintains "A more general definition of ageism equates it with discrimination based on age."  

According to www.homeofva.org, "Discrimination can also occur in an already established living arrangement, such as in an apartment complex. The result is that a person may no longer feel welcome or safe and may feel the need to move to avoid emotional or physical distress. This involves:

  • Harassment, intimidation, or coercion
  • Differential treatment of tenants
  • Unfair or unequal terms and conditions
  • Failure to provide equal access to services and facilities
  • Neglecting maintenance or accommodations
The only exception to the familial status protection applies to communities for the elderly. For the purposes of law, elderliness refers to persons age 55 or older. Elderliness is not a protected class under federal fair housing laws, however, Virginia fair housing law extends protections to those age 55 and up.

If you feel you are living in an "ageist" environment, let us know your experiences on this blog.

For more information on Virginia Elder Law, see the Code of Virginia, 18VAC135-50-210. Housing for older persons.  [18VAC135-50-210. Housing for older persons. (virginia.gov)]



INTRODUCTION

Welcome to your blog.  This blog is for tenants of Legacy at Imperial Village to communicate their concerns, likes and dislikes, and general reactions to life here at LIV. You ask why the blog is named "Hotel California."  If you are familiar with the Eagles' song, the last lines of the song states, "You can check out any time you like but you can never leave."  Sometimes it feels like that here.  Feel free to post your comments and pictures.  I thank you for reading your blog.  If you have any suggestions for articles or questions, please post a comment.

LIV TENANTS ASSOCIATION COMMUNITY RESOURCE MANUAL

Below are listed some resources in the vicinity of LIV that can be reached by taxi, Uber, or the local bus lines.    GENERAL RESOURCES E...