Prisoner

Cell Block 123…Main St

This month the US Department of Housing and Urban Development told landlords across the country that a snobbish attitude towards criminal applicants will result in an legal butt whuppin, courtesy of HUD’s attorneys.

HUD’s General Guidance, published this month, informs landlords that it’s illegal to automatically deny all convicts.  HUD’s reasoning is that it’s racially discriminatory, even if that’s NOT the landlord’s intent.

Across the United States, African Americans and Hispanics are arrested, convicted and incarcerated at rates disproportionate to their share of the general population. Consequently, criminal records-based barriers to housing are likely to have a disproportionate impact on minority home seekers. While having a criminal record is not a protected characteristic under the Fair Housing Act, criminal history-based restrictions on housing opportunities violate the Act if, without justification, their burden falls more often on renters or other housing market participants of one race or national origin over another….
A housing provider violates the Fair Housing Act when the provider’s policy or practice has an unjustified discriminatory effect, even when the provider had no intent to discriminate.

What’s the takeaway?

#1. If you’re a landlord that insists on filling your apartment complexes with tenants of spotless repute and nothing less, you may be headed for a lawsuit.

#2. If you’re a landlord without a competent licensed manager, you may be headed for a lawsuit.  Being a landlord is tough.  We can help.

 

Taxes

Tax Code Trickery – Passive vs. Active vs. Material Participation

Prosperity Real Estate Advisors Management knows the devil is in the tax code details, and we intend to keep him at bay. One way that we protect our clients is by including them in the management of their property in a manner sufficient for them to be considered an “active participant” by the IRS.  You see, rental real estate is a “passive activity” by default, and generates passive income or losses.  If certain criteria is not met, passive losses can only be used to offset passive income…they can’t be used to offset non-passive income such as a W-2 job.  To simplify this further.  Joe Baggadonuts has a rental house and a job.  Joe made $100,000 at his job cutting out donut holes at the donut shop, but he has a terrible and authoritarian rental management company which lost $10,000 on his rental property.  This is bad for Joe, because Joe will have to pay income tax on his full $100k salary, without being able to deduct the $10k he lost on his rental.  Joe’s only option is to carry his $10k loss forward into the next tax year, and apply it to any rental income he might have then.  Sorry Joe.

Now take the same scenario and replace Joe’s terrible property management company with Prosperity Real Estate Advisors Management.  Even though Prosperity Real Estate Advisors Management handled all of Joe’s late night plumbing maintenance, his tedius bookkeeping, his leasing and screening activities, his compliance and code issues…Prosperity Real Estate Advisors involves him in key decisions, so the IRS views Joe as an active participant.  Now Joe is able to offset his $10k losses against his job income.  What are those key decisions?  Prosperity Real Estate Advisors involves Joe on tenant approval, rental terms, repair items, and capital expenditures, just like Joe likes.

Like all IRS’s rules, there are other rules that also come into play here, one of them being MAGI, or Modified Adjusted Gross Income.  Joe can deduct $25,000 of passive losses against non-passive income as long as Joe makes less than $100k.  Above that, the $25k deduction limit is phased out by $1 for every $2 over $100k in MAGI, and filing statuses affect these limits too.

Material participation is a different, much higher bar than active participation, and one that very few non-real estate professional landlords will be able to meet.  We’ll cover this at a later time, but for now, rest assured that Prosperity Real Estate Advisors clients will be able to meet the IRS’ threshold for active participation.

Now, go save some taxes.

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Prices are Rampaging

DFW homes values are going berzerk a’la 1970’s King Kong.  Crushing.  Gone are the days of strategic short sales and negative equity.  2009 is a foggy memory.  Here in DFW, it’s like the downturn never happened.  Local demand has unleashed a fury and inventory is being sucked up like cattle in a tornado, taking auntie Em with it.  There’s few places for value buyers to hide.

Look at this 1 year chart for Dallas’ Median Price per Square Foot!

Price per SF - Mar 2016 Chart

We’ve bounced off the seasonal downturn, aiming straight for new levels of home equity wealth never seen in our lifetimes.  Realtors are the new black and there’s no turning back…at least…for now.

Regardless, if you’re holding rental property it’s all good news.  Rental rates are rising and we are leasing homes at 150% and more of what they fetched in 2009.    This market will turn at some point.  If you’ve got a dog of a rental, summer of 2016 is a perfect time to unload it at high dollar to some home starved, salivating buyer.  But if you’re looking to acquire, you’ll need to work a little harder to beat the going cap rates.  Don’t fear dear investor;  there are still deals to be had with off-market, auction, and wholesale opportunities.  We know because YES, we are still buying.

Best of luck

Blog is Back Arnold

The Blog is Back

After our blog was skillfully disfigured by an unholy electronic virus created exactly for that purpose, we took a hiatus.  Now that our virtual ramparts are virtually impenetrable, we’ve decided to reengage the task.  Our goal at the Prosperity Real Estate Advisors blog is to marry real estate news with “interesting”.  You’re invited to the ceremony; attendance is mandatory.

See you here