Dems look to restrict condo conversions
Daily Journal of Commerce
by Kennedy Smith
04/16/2007
It started when Ian Slingerland, executive director of renter advocate Community Alliance of Tenants, noticed an increase in the number of calls to the organization’s hotline.
The calls were about condo conversions, and tenants being displaced by an uptick in conversions were starting to wonder about their rights.
In response to the influx of calls, Community Alliance of Tenants, along with other tenants’ rights groups, wrote House Bill 3186, which would enforce tougher rules on condo converters.
Under the proposed legislation – backed by Northeast Portland Democratic Reps. Chip Shields and Tina Kotek – condominium converters would be required to give 120 days notice to tenants and would not be allowed to evict tenants without cause.
It would also limit the time of day in which improvements on units could be made to a 9 a.m. to 7 p.m. window.
The rule would also force landlords to pay tenants’ relocation fees at three times the amount of a unit’s monthly rent. This requirement, real estate lawyer Howard M. Feuerstein of Stoel Rives said, could make condo conversions simply too expensive to be worthwhile.
Sitting on investment
“The house bill sucks,” developer Marty Kehoe said. “It’s ridiculous. It’s going to run up the costs of construction, and it’s going to close off an entire avenue for first-time home buyers.”
Kehoe, who estimates he’s done about $250 million worth of condo conversions, says the rules now in place are fair.
“Rental rates have gone up, cap rates have gone down, the sales price of condos has returned to a more normal pace,” he said, “so the only thing this bill will do is make conversions just that much harder to do.”
But the bill, Slingerland said, is a positive step toward tenants’ rights. Current law requires landlords to give 120 days’ notice on a condo conversion project. But landlords are free to give tenants 30 days’ notice at the same time, virtually wiping out the 120-day notice rule, Slingerland said.
But real estate investor Greg Frick said “the days of 30-days’ notice with no cause are out” if HB 3186 passes.
The added regulation, he said, would “drag the process on longer and make for a lot more paperwork.”
And renters, Kehoe said, already have plenty of time to move.
“There’s a reason you buy a house, and that’s so you can’t get thrown out of it,” he said. “If you don’t want the responsibilities of homeownership, there’s a downside, and that downside is that you can be asked to move out, just like you can choose to move out.”
Market slowing down
Condo conversions have exploded in recent years, particularly in Multnomah County, according to the Realtors Multiple Listing Service. Seventy-six condo conversions were filed in the county in 2006 after just 18 in 2005 – that’s a 322 percent increase in a year.
But it’s going to be hard to tell whether the bill – if it becomes law – would be responsible for a condo conversion slowdown or if market forces would be to blame, Frick said.
“One of the trends we’re already seeing is that there’s a slowdown in the market anyway,” he said.
That makes the bill unnecessary, Feuerstein said.
“I saw this same thing about 20 years ago when condo conversions were starting to happen,” he said. “There were lots of bills and so forth, but the market did a self-correction. Some were converted back to apartments. It’s the same today; the market seems to adjust itself if there’s rental shortage.”
If you go
Public hearing for HB 3186
1 p.m. today
Hearing Room E, State Capital Building, 225 Capitol St. N.E., Salem
House Bill 3186
• Condo converters must send 120-day notice to tenants and a copy of notice to city municipalities or the mayor or county commission if outside city limits.
• A landlord may not terminate a tenancy without cause and may not unreasonably increase rent.
• A landlord must provide certification that no evictions or rent increases have taken place without cause.
• Improvements to units may only be conducted from 9 a.m. to 7 p.m.
• A condo converter must pay a tenant an amount equal to three times the Section 8 fair market rent, adjusted for unit size and type. Payment must be delivered no later than 30 days after the 120-day notice.
• A tenant may bring action against a converter to recover six times the monthly rent or twice the actual damages to the tenant arising out of termination.
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