[RPPTL LandTen] Crime-free apartment program starting in Orlando

Tue Feb 1 05:45:11 PST 2011

I agree with Harry on the issue of being innocent until proven guilty.  It seems this law would allow a person to be evicted simply for being charged with a crime, rather than having to wait until the tenant is actually convicted.  I could forsee various challenges, including a possible constitutional challenge.  

Similarly, I don't think the property owners recognize the possible liability it puts upon them for failing to constantly monitor every single tenant's activities.  For example, if a tenant was convicted of a violent crime and the property owner/manager does not take action (i.e. evicting the tenant), then he or she commits a similar violent crime against another tenant in the community, the victim could allege a negligence claim against the property owner for the failure to monitor.

As with any new legislation, all the possible consequences should be considered.  Just my two cents.

Cary

Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416 
Phone: (561) 281-2744
Fax:     (561) 691-6049

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--- On Mon, 1/31/11, harry at evict.com <harry at evict.com> wrote:

From: harry at evict.com <harry at evict.com>
Subject: Re: [RPPTL LandTen] Crime-free apartment program starting in Orlando
To: "'RPPTL Landlord Tenant Committee'" <landten at lists.flabarrpptl.org>
Date: Monday, January 31, 2011, 5:13 PM

Hello Members, 

Have you all seen the addendum? Here it is.

This modification of the standard Drug and Crime addendum which has been in use for years is going to cause problems.

In the first few paragraphs, they refer to criminal activity on or near the premises, then they go into paragraph 5 which presumably can occur anywhere?

Suppose someone gets busted somewhere, the prop evicts and then the charges get dropped or adjudication is withheld? 

Is the prop under a duty to constantly check to see if someone was busted somewhere? If they find something, where do they draw the line? If they do not check on the tenants all the time will this create potential liability if the person then commits another similar crime on the property.

I see some serious problems ahead.  I am really interested to see our Legal Services member's take on this.

This article has spread all around Florida today. I have had over 15 clients email it to me from all areas of the state all thinking it is some great new thing.

Harry Heist

LAW OFFICES OF 
HEIST, WEISSE & DAVIS, P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:  www.evict.com 
Email: harry at evict.com
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Monday, January 31, 2011 3:14 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Crime-free apartment program starting in Orlando

I thought this article in today’s Orlando Sentinel might be of interest to the committee members:

http://www.orlandosentinel.com/news/local/os-orlando-crime-free-multihousing-20110130,0,3406881.story

Crime-free apartment program starting in Orlando
Orlando police will introduce a national crime-free multi-housing program to the city's apartment complexes in an effort to stifle crime

By Bianca Prieto, Orlando Sentinel 
10:15 p.m. EST, January 30, 2011
Listen up criminals — it's about to get a lot harder to rent in The City Beautiful.

Orlando Police Department is gearing up for its latest initiative to combat crime at local apartment complexes by adopting the Crime Free Multi-Housing program.

The three-prong national program makes it easier for landlords to evict problem tenants — especially renters or their guests who commit criminal acts.

The program works this way: Complexes sign up for the program with OPD; managers go through special training; the complex earns security certification; and an addendum is inserted into the lease, stating residents or their guests will not engage in criminal activity while living there.
When a tenant commits a crime in Orlando, their names and addresses go into a database made available to apartment managers who have the ability to check names at will.

If a tenant's name pops up, property managers then have a right to start an eviction immediately for violating the terms of the lease.

While the program is new to Orlando, the initiative was started in the early 1990s by an Arizona police officer who was tired of responding to the same problem complexes involving the same people.

Locally, law-enforcement officers feel that same pain.

"This program is [aimed at] squeezing out all the people who just don't want to do right, so good people can have a nice, quiet place to live," said Officer Derwin Bradley, who was tasked with starting program in Orlando. "Some families move from property to property just wreaking havoc."

'It's legal to discriminate'

Police plan to officially roll out the program later this week with a ceremony attended by the mayor and chief of police at the Fountains at Millenia.

But police say it's already showing promise.

Last month, Bradley noticed a tenant at one complex was arrested in connection to a car break-in at another involved in the program.

Officers say Leroy Ebanks, 21, and another man broke into a car but ran when they were confronted by the owner when he returned home from work. Police caught up to Ebanks and the second man, but both denied breaking in. The car owner identified them, according to a police report.

Bradley checked into Ebanks' criminal history, which showed he has been arrested in the past on gun and drug charges. Bradley turned over information to the complex Ebanks lived in, and management started the eviction process.

Timothy Zehring, the former Arizona police officer who founded the program, said cities that utilize the program have seen 15 to 20 percent reduction in crime at participating complexes.

Since the program's inception, it has exploded.

Zehring said he has trained upward of 15,000 police officers in 12 countries about crime free multi-housing. Some cities, like Las Vegas, Nev., have even adopted city ordinances based on CFMH.

He says it works because it gives landlords authority to get rid of criminals who cause or invite problems.

We teach them it's legal to discriminate – yes, I said discriminate – based on criminal history," Zehring said. "We didn't choose our gender; what country we were born in…that's why those are protected classes. If a person chooses to cook meth, sell crack or do armed robberies, that's a different thing altogether."

Managers can search

Soon, managers at participating Orlando complexes will be able to do their own searches on current and prospective residents.

"It benefits the whole community," said Nathalie Adarve, a leasing agent at the Fountains. "It will increase our knowledge."
Adarve said she plans to check the database every morning and is excited about the new tool to make the complex safer.

So far, Bradley has been manually entering names and addresses into the database managers will use. It's a lot of work for one officer, but he has hopes the program will grow and develop into something bigger.

In the future, he'd like to see OPD have a unit dedicated to CFMH similar to the Jacksonville Sheriff's Office — where two sergeants and two six-officer squads are dedicated full-time the program there.

Jacksonville Lt. Jimmy Ricks, who oversees the unit, said the program has brought a "remarkable" decrease in criminal activity since it started there in 2008. Crime stats were not immediately available.

"Calls for service have been reduced," Ricks said, adding that the staffing has grown because of the success.

The Orlando program will start with Fountains at Millenia in February. Six more will follow — Ridge Club Apartments, Commander Place Apartments, Danube Apartments, Willow Key Apartments, Rosemont Country Club Apartments and the Landings of Millenia.

Bianca Prieto can be reached at bprieto at orlandosentinel.com or 407-420-5620.

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors®
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

The Voice for Real Estate® in Florida

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