Government Policy, Real Estate and You! with Liz Recchia

Forbearance and distressed property owners:  While the Governor’s residential eviction moratorium order expired on Oct. 31st and his commercial order expired May 31st, the CDC order is still in effect for residential property owners to Dec. 31st. You can listen to my interview with Judge Wismer on this topic at www.weservgad.org. Click on GAD Podcasts. 

Some of that investor class soaking up potential distressed real estate are not purchasing the real estate, but the distressed or non-performing notes. Some purchase individual notes, but the larger investors invest in the note pools, also known as NPLs, offered by Freddie Mac, Fannie Mae, HUD, regional banks and other lenders.

The non profit has a mission to preserve homeownership and purchases non-performing loan pools as part of that mission, example – the Freddie Mac/Fannie Mae Impact Investing Program.

Under the October 9, 2020 IRS ruling, that impact fund model may mean the nonprofit forgoes its tax-exempt status. While the ruling is specific to one nonprofit with this model, you can be sure others are taking a long look at the ruling.

NAR Agreement with DOJ: By now a lot of you have already heard and seen the DOJ/NAR settlement regarding antitrust concerns. The DOJ (Department of Justice) filed both the lawsuit and the settlement simultaneously. NAR agreed to a settlement.

NAR announced the upcoming changes to the Code of Ethics and MLS rules and policies in compliance of this agreement. You can watch the video to see a quick overview. You can read the NAR summary and read the FAQ at nar.realtor. 

Song Credits:

WEPA Song Credits: “Wepa” Kevin MacLeod (incompetech.com), Licensed under Creative Commons: By Attribution 3.0 License, http://creativecommons.org/licenses/by/3.0/

WERQ Song Credits: “Werq” Kevin MacLeod (incompetech.com), Licensed under Creative Commons: By Attribution 3.0 License, http://creativecommons.org/licenses/by/3.0/

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Election Day is over, but as counting continues you may wish to check the results for Arizona for yourself. Go to www.weservgad.org, click on the “Election Results” blog under Candidates and Elections where you can find links to the Arizona Secretary of State website and the results for Arizona’s statewide races.

In the same blogpost you will find links to the election results website for Maricopa County, Pinal county and Cochise county.

City of Surprise:  You can go to www.weservgad.org to read the currently proposed updated language for narrow and small lot housing product. There are several upcoming public meetings.

ADOT: One upcoming project is the intersection of Grand Ave, 35th Ave, and Indian School Rd. You can see the project proposals at www.weservgad.org, click on Transportation.

Eloy: The City of Eloy hosted a tour of available buildings for purchase in their downtown area. If you missed the day, you can still find the information by contacting the City of Eloy and the Eloy Chamber of Commerce. Go to www.weservgad.org , click on Eloy Economic development & Business Opportunities to find contact information.

LIBOR: The LIBOR is going away blogpost

City of Glendale Rental Property Owner Assistance Grants: Don’t forget, the City of Glendale is providing grant assistance to Glendale rental property owners. Go to www.weservgad.org to read the blogpost with links to the program details.

Applications are due no later than November 15th.

Fair Housing, Disparate Impact and ADA: Bruna Pedrini and Alexis Glascock of Fennemore Craig visited WeMAR in 2018 to help clarify the basic laws and rules surrounding Fair Housing, ADA and Disparate Impact. You can access all three 1-hour discussions at www.weservgad.org. Click on Videos. 

EIDL Loan and PUA Fraud: PUA: This is the unemployment insurance for self-employed people. This is a Federal program, managed by the states. Report suspected fraud to the Az Department of Economic Security. They have a link to report fraud on the front page.

EIDL Loans and Grants: SBA has a fraud website. You can read more about EIDL loan fraud and report suspected fraud.

COVID-19 Eviction Moratoriums: While the Governor’s Executive Order residential rental eviction moratorium is now expired, the CDC eviction moratorium is still in place to Dec. 31st. Because there has been so much confusion surrounding the CDC rules nationwide, the CDC recently released an FAQ. Judge Wismer of Arrowhead Justice Court provided guidance on the court process on the September 8th podcast. I also have links to the CDC, Maricopa County Courts, and other legal sources.

Song Credits:

WEPA Song Credits:

“Wepa” Kevin MacLeod (incompetech.com), Licensed under Creative Commons: By Attribution 3.0 License, http://creativecommons.org/licenses/by/3.0/

WERQ Song Credits:

“Werq” Kevin MacLeod (incompetech.com), Licensed under Creative Commons: By Attribution 3.0 License, http://creativecommons.org/licenses/by/3.0/

Learn more about your ad choices. Visit megaphone.fm/adchoices

Last week WeSERV announced its endorsements for local elections on the November 3rd ballot. Arizona REALTORS® released its endorsements earlier this month, and NAR has made its recommendations.

WeSERV, AR, and NAR all have similar processes for candidate endorsement decisions. I can speak to WeSERV’s process since that is the process I am involved with. If you would like more information on the AR process or NAR process, I will be happy to make an email introduction or provide you the phone number for Matthew Contorelli (Government Affairs Director AR) or Jack Greacen, WeSERV’s Government Affairs Liaison at NAR.

You can read more about the WeSERV process for evaluating and choosing candidates to endorse at www.weservgad.org. Click on Candidate & Elections and look for the blogpost entitled: Why Did WeSERV Endorse That Candidate?

Podcast Song Credits:

Song Credits:

WEPA Song Credits: “Wepa” Kevin MacLeod (incompetech.com), Licensed under Creative Commons: By Attribution 3.0 License, http://creativecommons.org/licenses/by/3.0/

WERQ Song Credits: “Werq” Kevin MacLeod (incompetech.com), Licensed under Creative Commons: By Attribution 3.0 License, http://creativecommons.org/licenses/by/3.0/

Learn more about your ad choices. Visit megaphone.fm/adchoices

The WeSERV Government Affairs Department has produced an easy to read infographic with key dates for the November 3rd General Election. You can download a copy of the infographic and access links to the Cochise County, Maricopa County, and Pinal County Elections websites. Check the Arizona Secretary of State’s election website to find the most current information.

Judges and Other Candidates are on the November Ballot – Who Will You Vote For?

Also, of interest, WeSERV has released its recommendations for candidates running in Maricopa County, Pinal County and Cochise County, along with City of Gilbert and Apache Junction Mayoral runoff and the Sierra Vista City Council races. Go to www.weservgad.org or watch for the updated information in your WeSERV newsletter. AR Voter Guide

A $187 Million bond issue is on the ballot in the City of Glendale.

Luke AFB, Gila Bend Auxiliary Field and Surprise Auxiliary Field interactive map.

Luke AFB Target Growth Management Plan 

LIBOR: As I wrote in my June 10, 2019 blogpost and announced in my June 11, 2019 podcast, the LIBOR is going away. 

The last GAD event of 2020 will be the West Valley Chapter Government Affairs Advisory Council Meeting on Oct. 22nd from 10am to 1pm. Luke AFB will be our guest. This event is free and open to all WeSERV members. We will be hosting this event at our Peoria office. Our in person attendee limit is 30 attendees. We will be live streaming this event over Zoom as well. If you would like to attend this special event, register now to secure your spot and learn more about Luke AFB.

WeSERV GAD: Advocating for private property rights, the right to private contract and YOUR business!

Song Credits:

WEPA Song Credits: “Wepa” Kevin MacLeod (incompetech.com), Licensed under Creative Commons: By Attribution 3.0 License, http://creativecommons.org/licenses/by/3.0/

WERQ Song Credits: “Werq” Kevin MacLeod (incompetech.com), Licensed under Creative Commons: By Attribution 3.0 License, http://creativecommons.org/licenses/by/3.0/

Learn more about your ad choices. Visit megaphone.fm/adchoices

“What is the Association Doing About This?”  blog post

I wrote a blog post linking you to the podcast interview with Judge Wismer so property owners and property managers can learn more about how the court system is adjudicating tenant evictions under the current COVID-19 eviction moratoriums from both the Governor and the CDC.

You can find a list of WeSERV and AR endorsements at www.weservgad.org. Arizona REALTORS will be releasing their updated voter guide the week of October 5-9, 2020.

NAR endorsed candidates can be found at realtorparty.realtor.

Judges are on the ballot and one of the most common remarks I hear is “Where Do I Find Out About Judges and How Do I Judge Them?”

I wrote a blog post last week with links to two sources of information, the Az voting guide which lists the judges with their opinions so you can read those to help you decide a judges ability to use the tools of discernment and prudence in their decision making, and the Arizona Commission of Judicial Performance Review.

 Additionally, I have posted an interview with Justice Scalia regarding how to judge judges. It will help clarify your thinking as you prepare to judge the judges.

Also, at www.weservgad.org, you will find voting information and links to the Maricopa County, Pinal County and Cochise County Elections websites.

The Luke AFB Strategic Growth Plan is now launched. You can read the plan and see the WeSERV housing video at www.weservgad.org or by visiting the MAG (Maricopa Association of Governents) website.

Also, our last GAD event for 2020 will be the West Valley Chapter Government Affairs Advisory Council Meeting on Oct. 22nd from 10am to 1pm. We will have 30 in-person attendee spots, so if you wish to attend in person – please register early. We will also have a Zoom link so members across our membership area can attend virtually.

WeSERV GAD: Advocating for private property rights, the right to private contract and YOUR business!

WEPA Song Credits: “Wepa” Kevin MacLeod (incompetech.com), Licensed under Creative Commons: By Attribution 3.0 License http://creativecommons.org/licenses/by/3.0/

WERQ Song Credits: “Werq” Kevin MacLeod (incompetech.com), Licensed under Creative Commons: By Attribution 3.0 License http://creativecommons.org/licenses/by/3.0/

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Property Managers and property owners are under a lot of stress, both financial and emotional. Trying to derive an income while renting property to others has become very complicated under COVID-19 with an increasing number of rules emanating from a number of sources, all designed to protect the tenant’s ability to stay in a rental house while deferring the rent.

While the rules that allow deferral favor the tenant, they place property owners in a difficult position, particularly if the tenant in question has violated other parts of the rental agreement having nothing to do with non-payment of rent or the tenant ceased paying rent well before COVID-19. Property owners are still liable for particular issues under the Arizona Tenant Landlord Act such as property repairs, property taxes, etc.

I was fortunate to have a chance to sit down with Judge Wismer from the Arrowhead Justice Court on Aug. 26th. We discussed what landlords and tenants need to know when seeking adjudication regarding eviction in the era of COVID-19.

Before we could publish this interview, the CDC announced its rules. Listen to the end of the podcast to hear Judge Wismer’s comments regarding the CDC rules.

Whether you are a landlord or tenant, being able to navigate the process is the key to preserving your property rights.

Justice Court Links Judge Wismer Mentions:

Maricopa County Justice Courts 

 Corona Virus and CDC

Tenant Checklist 

30 Day Notice to Tenant under CDC rules

AZ Courts.gov Landlord/Tenant Disputes and Eviction Actions – Information for all of Arizona

WeSERV GAD: Advocating for private property rights, the right to private contract and YOUR Business!

Song Credits

WEPA Song Credits: “Wepa” Kevin MacLeod (incompetech.com), Licensed under Creative Commons: By Attribution 3.0 License http://creativecommons.org/licenses/by/3.0/

WERQ Song Credits: “Werq” Kevin MacLeod (incompetech.com), Licensed under Creative Commons: By Attribution 3.0 License http://creativecommons.org/licenses/by/3.0/

Learn more about your ad choices. Visit megaphone.fm/adchoices

Now there are grant programs at the local level to help small business owners survive. Here is a list of programs with links in the show notes. This is not an exhaustive list of all programs and resources, but I hope it is a starting point for those who need help. You can access the list at www.weservgad.org.

Local First Arizona program update: August 17th Governor Ducey announced Local First Arizona will be managing the new small business grant program of $10 million. Small businesses can apply for up to $25,000.

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Arizona Association of REALTORS 2020 Caucus – AAR has opened registration for the 2020 REALTOR Caucus on September 3rd. This year the event will be virtual, so register soon.

Rental Property Owner Preservation Fund – On August 4th Governor Ducey established the Rental Property Owner Preservation Fund (RPOPF), the $5 million fund promised in his July 16th Executive Order extending the tenant eviction moratorium to Oct. 31, 2020. You can find links to the program and an AAR overview at www.weservgad.org.

Elections 2020 – On August 4th Arizona’s primary elections were held. In addition to the statewide and federal offices, some cities held their local general elections. Many cities elected Mayors and city council members.

Counties had their primary elections as well, selecting who will run for county board of supervisors, sheriff, assessor, recorder and other offices in November.

You can find the election results for the races you are interested in at www.weservgad.org. I have posted direct links to county recorders and the Arizona Secretary of State’s office.

GAD Task Forces and Workgroups – Our Candidate Interview workgroups in West Valley, Pinal and East Valley have completed their work for election year 2020. Our Sierra Vista chapter is getting ready to conduct their interviews for the November election.

If you are a Sierra Vista Chapter member, an would like to be on the candidate interview workgroup, please call or email me. I anticipate interviewing candidate in late September.

If you need to locate information flyers from past workgroups you can find them at www.weservgad .org. click on Task Force Flyers.

Our last West Valley Government Affairs Advisory Council meeting for the West Valley will be October 22nd, from 10am to 1pm. Luke AFB is confirmed to be our guest for this event. This event is free and open to all WeSERV members. Please register at www.weservgad.org or weserv.realtor. 

Song Credits:

WEPA Song Credits: “Wepa” Kevin MacLeod (incompetech.com), Licensed under Creative Commons: By Attribution 3.0 License, http://creativecommons.org/licenses/by/3.0/

WERQ Song Credits: “Werq” Kevin MacLeod (incompetech.com), Licensed under Creative Commons: By Attribution 3.0 License, http://creativecommons.org/licenses/by/3.0/

Learn more about your ad choices. Visit megaphone.fm/adchoices

The CFPB – For several years the question of whether the CFPB, also known as the consumer financial protection bureau, was constitutional as created by the Dodd/Frank Act. At question was the structure of the agency and its status as an Independent Agency, unanswerable to the President or any elected official, thus making it its own branch of government.

On June 29th, the U.S. Supreme Court handed down its decision in Seila Law v CFPB. Last year NAR submitted an Amicus Brief arguing the director construct of CFPB is unconstitutional, but requesting the Court apply the severability clause and uphold the agency.

Last week the Court decided to take the case of Collins v Mnuchin, a case challenging the constitutionality of the FHFA with its similar structure to CFPB. 

Corona Virus and REALTORS® – NAR has put out a REALTOR® Resiliency Report and will updating it frequently. You can find the report at nar.realtor. 

You can read the CDC modeling outline for May 2020 and the updated modeling for July 2020 at the CDC.gov website.

WeSERV GAD Task Forces: Our task forces and workgroups have been moving forward with their work.

Candidate Interviews – You can find a list of the candidates the association endorsed on the weserv.realtor website and on www.weservgad.org. Arizona Association of REALTORS® announce their endorsements as well. You may find those on aaronline.com. 

Rental Eviction Moratorium – the Governor chose to extend the rental eviction moratorium on July 16th to expire on October 31, 2020. Read the Executive Order. AAR’s Government Affairs Director, Matthew Contorelli wrote an article in The Voice.

WeSERV GAD: Advocating for private property rights, the right to private contract and YOUR business!

Song Credits:

WEPA Song Credits: “Wepa” Kevin MacLeod (incompetech.com), Licensed under Creative Commons: By Attribution 3.0 License, http://creativecommons.org/licenses/by/3.0/

WERQ Song Credits: “Werq” Kevin MacLeod (incompetech.com), Licensed under Creative Commons: By Attribution 3.0 License, http://creativecommons.org/licenses/by/3.0/

Learn more about your ad choices. Visit megaphone.fm/adchoices

PUA – Independent Contractors and Self Employed may apply for unemployment insurance benefits under this temporary program. The program is available to those who are unemployed during the period of Feb. 2nd to Dec. 26th, 2020. The additional weekly $600 payment is for the period of March 29th to July 25th 2020. DES handbook and infographic.

City of Buckeye is holding a public meeting on Building a Smart City in Buckeye.  

NAR has announced the 2020 REALTORS Conference will be virtual. Bookmark the conference page.

Conference of Bank Supervisors and Consumer Financial Protection Bureau issued a joint statement clarifying forbearance rules. Fannie Mae, Freddie Mac, FHA and VA have all released information for borrowers and lenders.

The Department of Justice and Federal Trade Commission have warned property owners, real estate licensees, lenders and other businesses to avoid actions that may be interpreted as collusion while navigating COVID-19.  

Watch www.weservgad.org for our upcoming CE events.

Candidates and Elections: Arizona REALTORS has released its first round of Legislative Endorsements for the August 4th election. You can find that list on the AARonline.com website. WeSERV completed its interviews of candidates running for county, city and town offices June 15th. You can read President Greeawalt’s statement and find the list of endorsed candidates at weserv.realtor and at www.weservgad.org. 

Song Credits

WEPA Song Credits: “Wepa” Kevin MacLeod (incompetech.com), Licensed under Creative Commons: By Attribution 3.0 License, http://creativecommons.org/licenses/by/3.0/

WERQ Song Credits: “Werq” Kevin MacLeod (incompetech.com), Licensed under Creative Commons: By Attribution 3.0 License, http://creativecommons.org/licenses/by/3.0/

Learn more about your ad choices. Visit megaphone.fm/adchoices