The Office of the Comptroller of the Currency, the Federal Reserve Board and the Federal Deposit Insurance Corporation issued on Tuesday a new rule to modernize the 1977 Community Reinvestment Act (CRA), which addresses systemic inequalities in access to credit. 

Trade groups and fair housing associations applauded the changes, including the extension of the implementation timeline and recognition of Special Purpose Credit Programs (SPCPs) in a bank’s CRA rating. Meanwhile, some associations say the new rule did not make the racial wealth equity goals of the law explicit enough.

“The final rule will better achieve the purposes of the law by encouraging banks to expand access to credit, investment, and banking services in low- and moderate-income communities; adapting to changes in the banking industry, such as mobile and online banking; providing greater clarity and consistency in the application of the CRA regulations; and tailoring to bank size and type,” Fed Chairman Jerome Powell said in a statement.

The Fed approved the proposal Tuesday morning. The FIDC and OCC are expected to follow suit.

The CRA encourages banks to help meet the credit needs of their communities, with a focus on low- and moderate-income borrowers. But, since the last comprehensive interagency revision to the CRA in 1995, bank regulators proposed new rule-making in May 2022.   

The need for modernization is exemplified by the regulation not including mobile and online banking to evaluate a financial institution’s expansion. The new rule, however, recognizes the continued importance of bank branches while establishing a framework to assess the digital delivery of banking products and services, regulators said.  

“The rule maintains a focus on evaluating bank performance in areas where banks have deposit-taking facilities, but also enables evaluation of retail lending and community development activities outside of branch networks,” Michael S. Barr, Fed vice chair for supervision, said in a statement. 

Key Community Reinvestment Act changes outlined

The final rule adopts a new metrics-based approach, using peer and demographic data benchmarks to evaluate retail lending and community development financing. Regulators are committed to developing data tools that will give insight into performance standards.  

Regulators also reduced the number of major product lines potentially evaluated under the new retail lending test from six to three, including closed-end home mortgages, small business loans and small farm loans. 

Regarding data collection, small banks can opt to be evaluated under the existing or the new framework. Banks with assets of at least $2 billion are excluded from new data requirements. The rule also limits certain new data requirements to banks with assets greater than $10 billion.

In general, the rule updated the asset-size thresholds: small banks are those with less than $600 million (previously less than $376 million); intermediate banks are those with between $600 million and $2 billion (previously between $376 million and $1.503 billion); and large banks are those with more than $2 billion (previously more than $1.503 billion). The thresholds are adjusted annually for inflation. 

The effective date of the final rule is Apr. 1, 2024. But the applicability date for most provisions is Jan. 1, 2026.

Industry reactions to the new rule

The Mortgage Bankers Association (MBA) said the final Community Reinvestment Act rule included several key recommendations, including revising the weightings assigned to the overall Retail Lending and Community Development tests and recognizing SPCPs in a bank’s CRA rating. 

“The final rule also extends the implementation timeline as requested by MBA, with the first applicability date not until January 2026,” a spokesperson for the MBA wrote in a statement. 

Jesse Van Tol, president and CEO of the National Community Reinvestment Coalition (NCRC), said in a statement the new rules are an “important step forward.” However, NCRC will also be “poring over this vast document with a keen eye for areas where rule-makers may have fallen short — including on the explicit consideration of race in CRA implementation.” 

Van Tol said it’s a “disappointment that these new final rules still fail to make the racial wealth equity goals of the law explicit, even as the agencies appear to have made great strides in fixing a broken system that permitted blatantly discriminatory banks to receive ‘outstanding’ grades for atrocious performance.”

The National Housing Conference (NHC) applauded the new rule, which improves the status quo but leaves room for ongoing clarification and adjustment over a 24-month implementation period, according to David Dworkin, NHC’s president and CEO. In addition, he said the new rule brings more transparency regarding which investments qualify for CRA treatment. 

NHC’s 2022 comment letter also urged regulators to explicitly address the issue of race in the final rule.

On the race issue, the NHC said the final rule avoided running afoul of recent U.S. Supreme Court decisions. However, it embraced earning CRA credit for SPCPs, even when there is no nexus to income. This opens doors for banks to engage in initiatives that promote racial equity, as SPCPs are explicitly allowed under the Equal Credit Opportunity Act (ECOA).

Congresswoman Maxine Waters of California, the top Democrat on the House Financial Services Committee, said that, “With today’s rule, we have a once in a generation opportunity to make meaningful steps toward ending redlining and its present-day manifestation.”



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For nearly 30 years, Deion Sanders has been a recognizable name in the sports world. He’s made headlines again this summer after being named the new head football coach at the University of Colorado Boulder and subsequently undergoing a roster overhaul that resulted in the departure of 81% of last year’s roster.

A majority of the exits were made after Sanders and the coaching staff audited the roster and determined it wasn’t optimized for the desired productivity and results. This move has paid off as three weeks into the 2023 season (as of this writing), the Colorado Buffaloes were 3-0 and hosted ESPN’s College GameDay. 

Similarly, many lenders are currently auditing their roster of vendors and technologies to optimize productivity and return on investment (ROI).

One of the more commonly used metrics to determine a lender’s ROI is the per-loan pre-tax net production income, and the biggest factors impacting this metric are production volume in both dollars and units. Closing fewer loans means the production costs are spread out over fewer units, thereby increasing the production cost per loan. 

Since peaking at $5,535 in Q3 2020, thanks to historically high production volume, the per-loan, pre-tax net production income for independent mortgage bankers (IMBs) has been falling. The most recent report from the Mortgage Bankers Association (MBA) shows that IMBs lost an average of $534 per loan in Q2 2023. The good news is that the last two quarters have shown steady improvement from Q4 2022.

For many lenders, priorities for this year include migrating their systems to the cloud and increasing production volumes, lead generation efficiency and productivity, which includes engaging business intelligence (BI) tools that can provide insights necessary when making staffing decisions. And they’re making sure they have the technologies to do so. 

A very common sentiment in the industry is that now is the time to double down on implementing new tech because lenders have the time to focus on it. Obviously, that is a great mindset for vendors, but it isn’t really a great course of action for lenders because most are trying to decrease costs, not increase them.

Conduct a tech stack audit as a first step

As well as tabling tech stack additions initiated during the pandemic, lenders are reevaluating their current tech stack compositions, looking for areas where they can cut costs without sacrificing productivity or efficiency.

When auditing a tech stack, there are several factors to consider beyond immediate cost savings. These factors include the need the tech satisfies, the usefulness of the tech, operational errors, utilization, system functionality and vendor deficiency.

The objective of a tech stack audit is to consolidate, optimize and replace unnecessary tech. The benefits of considering these factors during a tech stack audit include reducing software redundancies, streamlining back-end processes, maximizing the advantages of integration, minimizing billing issues, decreasing the need for additional employee training and improving data flow. 

While every lender will have unique considerations during a tech stack audit, there are basic steps that should be taken to realize the potential benefits of the audit. The first step in any audit is to compile a list.

It’s basically impossible to conduct a successful tech stack audit without knowing every software currently in it. This list should also be compared to accounting records to ensure that all tech is accounted for while verifying the current spend on each tool. 

Analyze the audit to take decisive action

Once the tech stack list has been compiled, or as the list is compiled, it’s time to expand the data set associated with each technology.

This includes information such as the department(s) that use the software, type of software, features and functionalities, total number of users, definition of an active user, number of active users, annual cost and relevant integrations.

Lenders can also use this time to survey employees on why they do or do not use particular tools and the qualitative and quantitative impact of each tool.

With this information in hand, it becomes easier to determine the value each software brings, if there are better solutions on the market and how it affects the customer experience.

This information provides lenders with a greater understanding of the effectiveness of each technology, where there are overlaps in functionalities and the adoption rate of the technology within the organization.

Having these factors analyzed with the same criteria allows lenders to determine where to make cuts and improve efficiency by eliminating redundant, outdated and unused software. 

A leaner tech stack should improve ROI, streamline business

As lenders slim down their tech stacks, they should quickly see increases in their ROI. This will typically result from a combination of several factors. Reducing expenses should positively impact the profit and loss statement (P&L), including showing a net increase in revenue.

A leaner tech stack will help streamline training for new employees and clearly outlining the benefits and features of each tool should also lead to increased adoption by existing employees. A greater understanding of a tech stack’s offerings and how to maximize the benefits and efficiencies of each tool will improve employee satisfaction and provide a better customer experience.

By reducing a tech stack’s offerings, lenders also mitigate risk by minimizing software entry points, passwords and data access, keeping data and back-end processes clean and reducing the potential for quality control issues by eliminating software redundancies. 

With much of the mortgage process reliant on the software in a lender’s tech stack, it’s improbable that a lender will see a reduction in their tech stack roster like the one orchestrated by Coach Sanders.

Unlike the Colorado football team, though, lenders shouldn’t be looking to build a new tech stack from scratch, but they can make winning moves with their tech stacks. Lenders should focus on increasing production volumes, operational efficiencies and profits. With these goals in mind, they should be able to easily reach their desired results of a tech stack audit.



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In my experience within the real estate industry, a fundamental lesson stands out: the power of partnerships. These collaborations represent opportunities to combine expertise, share resources and, ultimately, elevate real estate agents’ and clients’ real estate journeys. 

For me, it all started with joining a team. Belonging to a real estate team at the beginning of my career unlocked a door of endless possibilities, allowing me to network with other agents’ existing connections, receive referrals and grow my business through these partnerships.

Nurturing the partnerships I formed not only benefited me, but also equipped me with the resources and experience needed to establish my own team. In doing so, I extended these opportunities to fellow agents, fostering a cycle of growth and continued partnerships.

Beyond my internal team, I have my dedicated “partnership team.” This group is comprised of local professionals committed to enhancing the real estate experience for both my clients and myself. This team includes:

1. Photographers

I believe establishing a strong connection with skilled photographers is highly important, as their expertise is essential for effectively showcasing properties. Investing in high-quality photography elevates how homes are presented and draws in potential buyers, culminating in successful transactions. The collaboration between a photographer and a real estate agent stands as a pivotal element in achieving successful property marketing.

2. Home inspectors

Understanding that every client is unique, I offer three trusted inspectors for my clients. My goal is to have someone they feel comfortable asking questions with so they can make informed decisions and leave with peace of mind.

3. Lenders

In the intricate web of real estate transactions, the role of a reliable and communicative lender is pivotal. I aim to connect my clients with a seasoned professional who possesses in-depth knowledge of the mortgage process.

Their primary role is to ensure that clients have a comprehensive understanding of the financial aspects of their investment, fostering confidence at every stage and, ultimately, expediting timely closings. I recommend forming a trusted relationship with one specific lender to guarantee consistency and reliability for your business and clients. 

4. Contractors

Maintaining a list of reputable contractors grants us the flexibility and adaptability needed for unforeseen circumstances. Whether it’s unexpected weather challenges or sudden property issues, having these resources readily available proves invaluable in these situations.

Establishing a “partnership team” provides support for day-to-day transactions and business development. It’s important to take the time to thoroughly evaluate potential partners, ensuring alignment with your values and long-term objectives.

Remember that strategic partnerships serve as a cornerstone for success in real estate. They fuel growth, enrich the client experience and propel us towards our goals. Tap into the power of your local partnerships and leverage their support; you may be surprised at the potential you unlock.



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Earlier this year, many Airbnb hosts expected the short-term rental market to fall off a cliff. With the threat of an economic recession, travel spending was supposed to crater, and with it, a slew of Airbnb failures. But that never happened. While demand did drop, supply increased, and daily rate growth eventually fell flat, there was no “Airbnbustthat so many doomsayers predicted. But, with another recession risk looking more real, are hosts still safe?

We brought AirDNA’s Jamie Lane back to give his take on whether or not a short-term rental crash could happen this year or next. But that’s not all; Jamie also goes over what top hosts are doing NOW to increase their revenue and keep their businesses afloat even as rates come off their post-pandemic highs. Plus, what’s happening globally as a strong US dollar scares away would-be international travelers.

If you run an Airbnb, this is data you must pay attention to. We’ll review which short-term rental markets are in danger, the amenities that will explode your occupancy, what to do when regulations get introduced in your city, and how to prepare if a recession cuts into Americans’ travel spending.

Rob:
Welcome to the BiggerPockets Podcast show, 835.

Jamie:
That was definitely one of the predictions that we expected to come in for 2023 and to be a tailwind for demand. But for large city urban areas, they’re still seeing some of those slowest demand growth across the country. And those markets are really highly dependent on international travelers. It’s really still a function of the strength of the dollar and dollar is still really strong. We had expected it to weaken some as we got towards the summer travel season and that didn’t happen.

Rob:
Welcome back, everyone, every week, bringing you stories, how-to’s and the answers you need in order to make smart real estate decisions now in the current market and in the future markets. And today, we are taking over bigger news. So move aside Dave Meyer because it’s me, Rob Abasolo, and my good friend Tony Robinson. Tony, how you doing, man?

Tony:
I’m doing good, Rob. It’s always good when we get to share the mic together, man. Our producers called us the power couple. I’m going to embrace that. I’m going to embrace that title, man. We got a good conversation teed up for today, Rob. We’re talking to none other than Jamie Lane. Jamie’s official title is SVP of Analytics and he’s the chief economist for AirDNA. This guy is just like an encyclopedia of all things Airbnb. So every time we get to chat with him, I totally love it. Rob and I go over, what about those bust rumors? Are they real? How did Jamie’s predictions from when we interviewed him back on episode 712 hold up, and what markets are on track for growth this year?

Rob:
Yeah. We’re also going to be covering how you can stay one step ahead and hack your growth in the ever-changing market. Look, a lot of stuff has changed since he came on the show back in January, and he’s just giving us good insights on really how to look at your overall short-term rental investment. He talked about how investors should be looking at their investments in the long-term, which makes a lot of sense. So even if you’re not in the short-term rental game, I do want to say if you’re a midterm or a long-term rental investor, keep listening to get ahead of how new short-term rental regulations might impact your market. And we’re also going to be talking about Jamie’s predictions for the overall economy or potential recession and everything in between. But before we get into it, we’re going to do a quick tip brought to you by our good friend, Tony Robinson.

Tony:
Oh, we are? Okay. All right. Quick tip number one, head over to biggerpockets.com-

Rob:
I know how it feels.

Tony:
Quick tip number one, head over to biggerpockets.com/tools. You guys will find an Airbnb or short-term calculator that’s there. It’s a free tool to help you figure out how much money your property could earn on Airbnb. And second quick tip, I want you guys all to go to Rob’s upcoming event Host Con. Rob, give them details. Where can they go? How can they find out more about that?

Rob:
Wow. You can go to hostcon.com and it’s October 28th through the 30th. It’s right after BP Con, so I’m going to meet all of you there. And then we’ll migrate over to Houston, Texas to hear from a lot of the people we’ve heard on the podcast, Pace Morby, Avery Carl. Would’ve been Tony, but you’re having a baby. That’s all right. You’ll catch the next one.

Tony:
Yeah. I’ll be there in spirit.

Rob:
You will. You will. All right, well let’s get into it. Jamie Lane, welcome back to the show. Glad to have you.

Jamie:
Thank you so much for having me back.

Rob:
You brought up just right before this that the last time you were on the show was actually Tony and I’s first duo together on the BiggerPockets Podcast.

Jamie:
Yeah. I was so happy that I could be the reason to bring you guys together and now we get to chat again. It’s been, what, nine or 10 months since we chatted last?

Rob:
Yeah.

Tony:
Yeah.

Rob:
That’s crazy. That’s crazy. Well, we know you and it’s great to have you back, but can you tell all the new listeners a little about yourself for those of the listeners that didn’t catch the episode about nine months ago?

Jamie:
Yeah. So I work at AirDNA. We are a short-term rental and data analytics company. I’m the chief economist and SVP of analytics at AirDNA. And it’s my job to dig into the data and help interpret what’s happening in our industry and make sure everyone stays informed on how the industry is performing, how do we expect it to perform going forward so you guys can all plan your next investments, figure out your strategy, and hopefully make good investments going forward.

Rob:
Well, like I said, glad to have you back, man. I think the last time you sat down with us was the start of the year and the Airbnb bust rumors were flying and it was doom and gloom. Sky is falling. You came in and you broke down the data on short-term rental so our listeners could keep their edge and I think we gave a lot of good useful data for everybody. I think the market now is a little different and we’d love to have your insights again. So if it’s cool with you, let’s get into it and sort of talk about the actual general pulse for the short-term market in 2023.

Jamie:
Yeah, so when we talked last and we were calling for a recession in 2023, and I think I was a little bearish on the outlook for the year ahead. We haven’t had a recession. It’s actually held up pretty strong on both the economy and the short-term rental industry. It’s part of the reasons why we actually talk about multiple scenarios when we forecast. So we have our baseline, we have our upside, and downside. And so we had an upside forecast that essentially called for 13% demand growth and it’s ended up about 11%. And our baseline was below that about 9%.
So I’ve actually felt really good of how the years played out. It’s outperformed our expectations. The economy has outperformed our expectations. We’re still at 3.5% Unemployment. We’re adding 150, 200,000 jobs every month. And that’s sort of the key metric for me when I look at the economy is what’s happening in the job market is if people have jobs, they’re going to keep traveling. And that’s what we’ve been seeing. So our outlook did call for some weakness this year. As of the beginning year we were expecting RevPAR, that’s revenue per available rental to be down about 1.5%.
Rates are ADRs up about 1.5% and that implicitly means occupancy is going to be down 3%. And that’s what happened. That essentially has perfectly pegged what the industry has performed, how the industry’s performed through October. So not great given that everyone is earning a little bit less money this year, but not a catastrophic collapse in revenue. Maybe some of the things we’ve been hearing on Twitter these past few months.

Rob:
There was a very viral tweet that was Phoenix and Austin are they’re half down and something like that. I believe you responded to it.

Jamie:
Yeah. Did you guys see that tweet? Did people Tweet it at you?

Tony:
Of course, yeah.

Rob:
Yeah. All the naysayers and haters were so quick to jump on that one.

Tony:
Yeah. We ended up doing a whole YouTube video as a response to that tweet also. So there was a lot of folks that were riled up by that one.

Rob:
Well, let me ask you this, Jamie, because I believe… And refresh me. I mean I don’t expect you to remember exactly what happened back in January, but I thought there was some trend where maybe occupancy was down, but ADR, which is average daily rate was up. Was that what it was back in January.

Jamie:
Yeah. And that’s what we are seeing in January and that’s continued throughout the year. So for the first… And through August. So back up, we break up the US in a lot of different markets. There’s 265 markets for the country and of those 265, 218 of them have seen declining occupancies through August. And essentially everywhere is seeing declines. Nationally, we’re seeing about essentially flat ADR. So no one is really increasing rates, but how that breaks out among the markets is just over half of them are seeing ADR declines or you’re not able to charge as much for the same property this year as you were last year.
You’re getting a little bit less revenue per night and that’s pushing and resulting in weaker RevPAR. At the beginning of January, we’re seeing slightly higher rates. Now rates have clearly gone into the flat to negative realm.

Tony:
Jamie, I want to just touch on something really quickly because there’s a lot of debate not just as real estate investors, but just as people in the United States and really I guess across the globe about what exactly is a recession. I just want to sidebar here quickly because I think it’s an important thing to call out out because you have this consensus idea that a recession is two consecutive quarters of declining GDP, which has happened, but there’s a more… Educate me and the rest of the listeners here, but there’s a more formal education of what an actual recession is. Can you just talk about the nuances? Why are we not already in a recession even though we’ve had two quarters of declining GDP?

Jamie:
Yeah. So that two quarters of declining GDP, that’s like a rule of thumb that people are taught in high school, but it’s not actually how we define recessions. And there’s this whole economic board, the National Bureau of Economic Analysis, and they actually look at the data and decide whether or not we’re a recession or not. It’s mostly PhD economists and the definition gets into that. We have to see broad based economic decline.
What we saw last year with the two consecutive quarters was not a broad-based economic decline. We saw some weird things happening with inventories around the pandemic, and we are at record below unemployment. We are seeing 300,000 new jobs being added every month. We are seeing five, 6% increases in wages each month. We are in no ways in a recession by really any different way you define it.
There are certain aspects of the economy that might’ve been in recession, like manufacturing tech industry saw a really strong pullback and actually saw some layoffs. But in terms of overall economic decline, we weren’t there. And even in the real estate industry and with rising interest rates and sort of a pullback in transactions, we’ve seen quite a few real estate companies go under because of the lack of transactions, but it is in no way sort of a broad base economic decline.

Rob:
Interesting. So relatively, do you have a POV, a point of view on what the next year or two looks like in terms of recession? Do you think it’s looming? Is there something big coming up or do you think we’re just going to kind of, “Tell us everything”? No, I’m just kidding. Do you think we’re going to hold this pace?

Tony:
And, Jamie, if I can just add one piece to that, because the goal of the Fed, what you keep hearing is that they want this “soft landing” where they’re able to tame inflation without causing massive unemployment. But I mean, there’s some things happening. You have student loans that are kicking back in October 1st. There’s the strike that’s going on. There’s potential government shutdown. So with all these things happening, I guess to Rob’s point, do you think that soft landing is even possible still?

Jamie:
Yeah. It’s still possible. It’s still highly likely that we go into recession over the next year. And with what the feds had to do in terms of raising interest rates so high so quickly, and there’s just such a high likelihood that something could break, and then you add on top of that, all those things that you mentioned, the government shut down, which more than likely could happen, and we’re recording here at the end of September, and at the end of the week, the government could shut down.
Now, expectations are that that’s a two or three week shutdown. If it pushes through the end of the year, that could have a meaningful impact and overall economic output. To the short-term rental industry too, if you’ve got a rental in and around a national park, that national park is more than likely going to be shut down, and that could really impact the earnings through fall.
So if you think you’ve got a property in Gatlinburg, and the biggest driver to that market is people going to visit the national park seeing lease change, and that could have an impact on that market. And then resuming student loan payments sort of impacting consumer spending. The UAW strike, actor writer strike impacting specific markets like LA and Atlanta. All these things have both direct impacts to the economy and our industry.

Rob:
Wow. I hadn’t really considered that, but that’s so true because national parks have always felt we’re sort of protected in the sense that… I call them Mother Nature’s Disneyland. You don’t have to market the Smokies. You don’t have to market Joshua Tree. You don’t have to make a billboard for the Grand Canyon. People are going to go by the millions. But yes, if they shut down due to government regulation, that’s going to hurt a lot of hosts.
So maybe that changes some of the POVs on the government shutdown, because I see both sides of it pretty much every single day at this point. Now, that we have a general understanding of where the economy stands, I sort of want to punch in a little bit and talk more on the municipal or even on the state level because we’re seeing a lot of regulations come in. I’m sure you’ve heard about Dallas and New York, all the big bands, and that is definitely shaking up the short-term rental market for a lot of those operators. Which markets are being most impacted by regulations and what impacts are you seeing?

Jamie:
Yeah. It’s funny how that’s now turned into that conversation that you have with your cab driver of when they ask you what you do and I say I analyze the short-term rental industry. They’re like, “Ooh, regulations must be really impacting you guys.” And it’s true. The New York regulation has really brought it into the forefront of essentially a defacto ban on Airbnb as the beginning of the month when it started going into effect. We saw almost an 80% decline in short-term rental listings in New York. And that was one of Airbnb’s biggest markets essentially decimated.
Now, the listings didn’t leave. They’re not off of Airbnb. It’s essentially people moving from a short-term rental strategy to a mid to long-term rental strategy. So they’ve changed their minimum stay requirements from short-term stays to 30 plus stays or longer, which we’ll see how much demand there is to support that strategy for 17,000 listings all moving to long-term stays at once. I suspect that there’s quite a bit of demand to support it, and we see that in a lot of other cities, but that is playing out and we saw it play out or will play out in Dallas.
We’re seeing that change or a part of that change in Atlanta. We’ve seen it in other large cities like Los Angeles, Boston, Chicago, that have put into place pretty onerous laws going after short-term rentals. But on the flip side, there’s also been significant pushback from the host community sort of banning together working with the local municipalities. We saw that in Atlanta essentially getting the ordinance going to effect delayed and delayed, and delayed, and delayed.
We saw there was a lawsuit on the Austin laws back in 2016 that just sort of came to fruition where they overturned the ban on short-term rentals. And I’m distinctly saying that there cannot be a distinction between different kinds of homeowners and how they can use their property.

Rob:
This is a huge one. That was a big one.

Jamie:
That was huge.

Rob:
I saw that that article came out because Austin has been… They’ve never really enforced it, and there were ways to get the permits and everything, but I saw an article, it was back at the beginning of August that said federal court strikes down Austin short-term rental laws and basically called them unconstitutional. And so it’s interesting because it’s like if that’s a federal court striking down an Austin one, I mean, how does that actually affect the rest of the country?

Tony:
You think about Dallas, right? Dallas just effectively banned single family short-term rentals also and now you have this neighboring major city. It’s like how does that impact Dallas short-term rental plan and all these other places?

Rob:
Exactly. Same states.

Tony:
Yeah. But one thing I’m curious, and Rob, I want to get your insights on this too, because what I’ve shared with people is that regulations are coming. It’s a definitive thing. It’s just how is each city and municipality going to choose to regulate short-term rentals? But they are coming. So my focus has always been on investing in true vacation markets where the primary economic driver is vacation and tourism because I feel like there’s a little bit more insulation there. And if you do choose to go into markets that are more residential, call them suburban cities, major metros.
My thought has always been, “If I’m going to go into that market, I need to make sure that either one of two things are true.” Either first, I can still cashflow on this deal as either a midterm or a long-term rental. Or second, it should be a strategy that I can get out of relatively easily, which is arbitrage or co-hosting. Actively, we’re launching three units in Dallas next week through arbitrage, but I’m not worried about those because, A, it’s arbitrage. I can get out of those with breaking the lease and walking away, or B, I can flip them over to midterm and they still make sense.
So Rob, what’s your take on that, man? A lot of people are afraid of regulations. What’s your advice to folks who want to navigate that the right way?

Rob:
Totally. Yeah, I mean there is a lot to cover there. I think most of the time I am trying to find a city or a municipality that has some level of regulations because at least they’ve had the conversation and we know that they’ve already voted on it. And if there’s a process like getting a permit that’s been put in place, I usually feel a lot better than that, better about that than going to a place that’s like, “Well, what is that?” I don’t know. You can just list it. And then one day it gets-

Tony:
[inaudible 00:18:35]

Rob:
Yeah, exactly. Which that’s how it was back when I started in 2017 or whatever. But I have really accidentally stumbled onto the midterm market back during the pandemic because everything shut down and then travel nurses needed to stay at my place in LA. And so I was like, “Yeah, sure, why not?” And then they stayed and I never heard from them. They were mega clean and I made just about as much money as short-terms. And so I fell in love with that from the get-go.
I would say most of the time, you’re going to do yourself a disservice if you’re not trying to actively create a hybrid midterm rental and short-term rental strategy. My personal preference, and again, this isn’t going to work in vacation rental markets like Gatlinburg, but if I could mostly have a midterm rental strategy and fill in the gaps with short-term rentals, oh man, I would do that all day.
Really what it is, it’s mostly a short-term rental and then midterm rentals come in and I have to work around that. So I honestly think that 2023, for any host that’s scared of regulations, they’re coming, but you really do have to actively be working on those contracts with housing companies and relocation specialists and travel agencies, nursing relocation specialists, all that kind of stuff. You want to be working on your rapport with them and your relationships with them so that, yeah, if a regulation hits, you don’t have to shut down your business. You can just pivot straight into midterm rental.

Tony:
Jamie, one last follow-up for me on the regulation piece. As some of these cities become more regulated, what do you think the impact will be on actual property values of short-term rentals in those markets? Do you think that presents an opportunity for short-term rental hosts to get into this game, or is it more of a disadvantage?

Jamie:
Yeah. So there’s actually been a lot of academic research on the impact on property values and what regulation and means for it, and what a lot of it shows is that the option to be able to do short-term rentals is very valuable when you go to resell the home. So if you’re in a neighborhood, let’s say that has an HOA that you vote as your neighborhood to restrict short-term rentals in that neighborhood, you’re going to severely restrict the value of homes in that neighborhood compared to the rest of the market because now future buyers know that they cannot, even if they never even thought about doing short-term rentals, but the fact that they couldn’t now sort of reduces the option value there that they could go and do it in the future. So I think that’s one of the downstream implications of these laws going into effect is that you can overall reduce home values in specific areas of cities and specific neighborhoods with restrictions like that going into place.

Tony:
And Rob, you and I both we’re in the Smokies, we’re in JT and I can’t imagine what would happen to home values in those two cities if they severely limited. The economy, I think would collapse. That would be a forced wave of selling if they really limited short-term rentals in those markets.

Rob:
Big time. Interestingly, there’s so many people in those markets that want the short-term rentals out, but those specific markets, the economy is propped up by the short-term rentals, not just by occupancy taxes, transient taxes, all that stuff, but also the actual employment of the Airbnb Avengers, like pest control pool, maintenance cleaners, handyman contractors, all of them make a significant portion of their livelihood from the short-term rentals side of things. So I don’t know what would happen, but I hope to never find out.

Jamie:
We did a study looking at both short-term rental and hotel revenue for different markets, and Joshua Tree was number three in terms of short-term rental revenue compared to hotel revenue where there’s six times more revenue being generated by short-term rentals in that market than hotels. It just shows a market that is so dependent on tourism and it’s almost 6X and coming from short-term rentals to the hotels. So if short-term rentals went away, it would just decimate that market.

Tony:
Jamie, what was number one and two? Because you said Josh Tree was number three.

Jamie:
Yeah. So number one was Broken Bow Lake, a great market in Oklahoma.

Rob:
Oklahoma?

Jamie:
Yeah.

Rob:
Okay.

Jamie:
And then number two was Santa Rosa, Rosemary Beach area, so 30A in Florida.

Rob:
Wow. Man, that’s super interesting. Okay. Can we talk a little bit about international short-term rentals as well? Because I think the last time we had you on the hypothesis or the thesis in general was that the pandemic basically slowed down a ton of international traffic and we were going to start seeing the floodgates reopen. And seeing a lot more international travelers coming to the US, how has that held up? Where are we at in that specific regard?

Jamie:
So I was totally wrong on that one.

Rob:
Sorry. I wish I could have given you a softball.

Jamie:
Yeah. That was definitely one of the predictions that we expected to come in for 2023 and to be a tailwind for demand. But for large city urban areas, they’re still seeing some of the slowest demand growth across the country. And those markets are really highly dependent on international travelers. So you think areas like Miami, Boston, San Francisco, even going out to Oahu, as much as 40% of demand is coming from international travelers into those markets and staying in short-term rentals.
It’s really still a function of the strength of the dollar and the dollar is still really strong. We had expected it to weaken some as we got towards the summer travel season, and that didn’t happen. We have seen overall international travel being really strong, but it’s just everyone leaving the US and traveling within Europe.

Rob:
I mean, that makes sense. A lot of trips were canceled. A lot of marriages postponed. A lot of anniversary trips. I mean, there’s so much. I think it’s going to be a trickle effect of people that their lives carried on, they had kids, everything is delayed. I haven’t traveled internationally really since the… I plan on going international as soon, as I can as soon as my kids are just a little older because being on a plane with a two and a three-year-old is very difficult. But I want to travel a lot internationally. So it does make sense that a lot of people in the US are sort of going to these destinations or these dream vacations that they had to push pause on.

Jamie:
We’re actually seeing that impact now in the data where some weakness in demand and occupancy that we’re seeing is those destinations that people were maybe going to because it was a domestic destination. I live in Atlanta. Everyone was driving down to 30A in 2020, 2021. Now friends, they’re flying to Nice, and Cannes, and Greece, and they’re not driving down to 30A anymore. You’re definitely seeing some weakness in that market because of that.

Tony:
Jamie, let me ask. So I don’t own anything internationally, but do you think that this kind of exodus of American travelers overseas presents an opportunity for folks stateside to look internationally? And if so, maybe what are… And I know obviously the world is a big place, but if so, what are some international markets that you feel are good spots for folks to get started in?

Jamie:
Yeah. There’s great options out there. It is a little bit more difficult to sort of navigate deploying capital in different countries. It’s not just buying a house in North Carolina, but there are opportunities. Demand is now fully back across Europe. It’s playing into different areas, just like in the US where some cities are still really impacted negatively. They’re seeing even more regulation than we’re seeing in the US, especially in some of those major cities.
So in Amsterdam, there’s 80% fewer listings now than pre-pandemic, and a big piece of that is restrictions. So Dave Meyer is not going to be getting a short-term rental in Amsterdam, though it is a great location to travel to. So there’s all the same sort of dynamics you have to work with in the US of seasonality, I be it more so. Essentially all of Europe takes off August. There’s some demand in July from Americans, but it is very much a July and August dominated market where if you’re not getting the majority of your revenue during those two months and you’re not going to be profitable. It’s like owning a short-term rental in Maine or Cape Cod.
It’s like there’s a very short season you have to optimize for that short season. So it’s a little different than some of the markets maybe we’re used to investing in.

Rob:
Yeah. It’s definitely a different territory. Tony, what’s your appetite for investing internationally? Is that something that you want to do? Is that something you dream to do?

Tony:
Absolutely, man. I love Costa Rica. Sarah, my wife, she’s like a Mexican citizen, so we always think about buying something in Tulum or Playa Del Carmen. So I would love to go international, but to your point, Jamie, I just haven’t taken the time to really figure out the financing portion of it, like how to make that piece work. But once I do, I would love to do something out there.

Rob:
Just buy it all cash, dude.

Tony:
Easier said than done, huh?

Rob:
Yeah. A lot of people ask me and everyone always asks me with the hope of being like, “I love it, let’s do it.” And I’m always like, “I mean, it’s hard enough to run a business in the US.” I mean, long distance investing, you can build your dream team, I believe all that. But I have other places in the US that I would prefer to buy anyways. I’ll just rent Airbnbs if I ever want to travel. But that’s really interesting you say that, Jamie, because I don’t really think about the risks, I think. Or not the risks, but the risks of regulation in the US.
It’s hard to keep up with regulation in the US because there’s so many cities and counties and neighborhoods that restrict differently. You go to an entirely different set of countries and it’s like, “You don’t really know what you’re getting into unless you’re doing a ton of research.” So let’s segue a little bit here because we’re talking to international. We talked economy. We talked regulation in general.
Now, I also want to talk about another component of the short-term rental market, and that’s natural disasters and how they’ve impacted short-term rentals this year, because that’s not something we really cover all that often on the show.

Jamie:
And it’s I think a growing and growing risk. We’ve seen it really specifically in certain destinations this year. The fires in Maui were devastating. We saw it essentially wipe out entire towns. We’ve seen hurricanes over the past few years. We saw Cape Coral, Fort Myers last year, Sanibel Island, and really get hit hard. We saw infrastructure being knocked out, the bridges there where you couldn’t even access your short-term rental if it even still existed.
We saw more hurricanes hit Florida, and we’re still in the middle of hurricane season. So no telling what’s going to happen. You’re seeing insurance rates continue to go up. So even if you have a short-term rental in these markets, one, can you insure a new investment? And then secondarily is your existing investment, are you going to be able to continue to get insurance on it?
So there’s more and more risk happening. And back through the years, we saw fires in Gatlinburg, we saw fires in Tahoe. We’ve seen more wind events like tornadoes hit the Midwest, I think, than any other recent year. So all sorts of… My parents have four short-term rentals in Maine, and they got impacted by the hurricane that came up there that caused I think two weeks to essentially be canceled out because of guests didn’t feel comfortable getting up there with the hurricane coming.
So it definitely impacts different markets in different ways. And I think most importantly for investors is getting a sense of the type of markets you’re going in. What is that risk? And if you were going to be shut down for a month or two and you think about… And people now avoiding traveling to Maui, even though most of the island is up and running, and we saw I think 30% decline in occupancy in August.
We’re seeing another 20% through the first half of September. So even though the islands are telling people, tourists, please come and people are avoiding that area just because. Any number of reasons, yeah.

Rob:
Yeah. I mean, I think perception is probably going to… I think whether or not it’s okay to travel there, I know that Hawaii was… The governor was like please keep coming. But I think a lot of people in their head are probably like, “Oh, I’m not going to go. Obviously, everything is closed or whatever.” So I think that’ll probably be a lasting effect.

Tony:
Yeah. I want to transition, Jamie, if that’s okay, to talk a little bit more just about supply and demand. You’ve mentioned before that supply has slowed in terms of the rate of increase. Post pandemic, you saw a massive boom in the number of people that were listing their properties in Airbnb, and it seems like that slowed down a little bit. Demand though seems to continue to be kind of growing at a healthy pace as well. So we’re waiting for that balance between supply and demand.
I guess let me take a step back first. My first question is how do you know if a market is unquote saturated? How do you know if a market has too many Airbnbs to support the demand in that market? What data point should I be looking at? Where inside of AirDNA can I even go to see that?

Jamie:
And saturation point is all going to be around occupancy, right? So is there enough demand to support the listings that are out there in a profitable way? So when I’m thinking about saturation, I’m looking at both year over year change in occupancy. So is the market that I am in absorbing the supply that has come into that market? If it’s absorbing it, we’re going to see occupancy maintaining or increasing. If it’s not able to absorb it fully, and you’re going to see occupancy decreasing.
Now, one year of occupancy decreasing is not a market sort of oversaturated. Most properties take some time to ramp up and it takes time to get bookings. It takes time to and sort of figure out your niche in the market. I tend to not like to look at this on a very short-term basis of like, “Oh no, we saw one month of occupancy down four or five, 10%.” This market is way oversaturated. You’ve got to be looking at it over time.
So I do like to look at it on a sort of 12-month average. And then also looking at it relative to prior years. So 2018, 2019 is indexing off the high of 2021. I think we talked about this last time is not fair. And maybe if you underwrote it in 2021 and had that expectations to continue, that’s a different conversation. But in terms of market saturation, there’s a lot of demand coming into this industry. There’s a lot more listings that need to be able to come in to support the growing demand.
I’d argue that very few markets are actually oversaturated. It might take one or two years of slow supply growth, which we’re seeing now for that supply to get fully absorbed. But if you’re investing for a five, 10 year hold, just because a weak patch in occupancy today doesn’t mean that that’s going to not be a great investment long-term.

Rob:
Wow. That’s interesting. I feel like most of the short-term rental peeps, we expect it to kind of hit when we list. So is the case that… I would say, I guess underwrite conservatively and expect growth from there. Because it does seem like if you’re telling someone, “Hey, yeah, get into the short-term rental, but it’s going to take you two to three years to really start hitting good revenue,” that’s an interesting conversation to have because I think a lot of people just wouldn’t do it.

Jamie:
Yeah. When I’m helping people underwrite properties, I maybe don’t do a three-year ramp, but I definitely do a two-year ramp that it’s going to take you one year to figure out your market, to figure out to get good reviews. Reviews definitely help get bookings. And it’s going to take you a few months, six months to get a bunch of good reviews so you can start raising rates and really profit maximizing that property. I came from the hotel industry 10 years helping people underwrite hotel investments, and there we typically did a three-year ramp of getting occupancy from when you first open the property to when you’re going to stabilize that in terms of occupancy. It does take time to grow into that market.

Rob:
That makes sense. I mean, our Scottsdale property, we bought one and it opened up a little slower than we had thought a year in everything is up pretty considerably. I mean, the reviews I’m sure have helped. We’ve also added amenities like a pickleball court and that pickleball court has increased revenues by, I don’t know, 60 to 80,000 at this point. So it’s paid for itself two or three times at this point. So I think it’s the profit maximizing that you’re talking about. That’s really the thing that I’m focusing on with my current portfolio where a lot of people keep asking themselves, “How do I get into my next property after they’ve purchased one?”
What I’m trying to steer people towards is instead of trying to get into your next property, how can you maximize the revenue of the current property that you have or the portfolio that you have? Because if you can invest, let’s say $20,000 back into your property and increase your revenue by 10,000 bucks, that’s a 50% ROI. That’s so much better than what you could get if you just go and buy a new property. So this year, I’m trying to still buy just because I’d like to consistently purchase, but really I’m putting a large majority of my capital back into my portfolio, which gets me a little impatient because all I want to do is buy.
But I do think there is a case to be made for reinvesting back into the property. Tony, have you guys gone in and ever optimized a property with amenities or have you added anything after the fact?

Tony:
Absolutely, man. Actually, I’m going to Joshua Tree on Thursday because our newest listing, we’re adding a really cool in-ground pool with a rock slide and just really trying to beef up the amenities because I feel like we’re out of space right now where because so many new hosts have come onto the platform, the table stakes have increased, right? And what it takes to be a good listing today is significantly higher than what it took to be a good listing in 2019, 2020, even 2021.
Like you said, Rob, we haven’t purchased a ton this year, but we’ve been going back to our entire portfolio, adding new game rooms, adding the pools, adding hot tubs, adding whatever we can to make those listings stand out. And it’s crazy, man. I have three properties in 29 Palms, which is the city adjacent to Joshua Tree and the one property where we invested a lot into the game room is doing 3X the monthly revenue of the other two properties that don’t, which is crazy, and it’s the smallest one. So it really just goes to prove the point that reinvesting into your current properties might be a better investment, like you said, Rob.

Rob:
Definitely. Wait, what was the amenity that you said you added to the 29 Palm ones?

Tony:
It was just a really cool game room. We’ve got a really cool game room as an extension of the house.

Rob:
Yeah, for sure. I built a epic tree house deck at my Gatlinburg property. I built a mini golf course in my backyard in Crystal Beach. I did a pickleball in Scottsdale. I’m adding a pickleball court to a property in Austin, Texas right now. I’m probably going to add pickleball to my tiny house in Joshua Tree. So for me, again, it does suck to not be buying, but I do think it’s going to be a much better return for me overall. So with that, Jamie, can you just tell us a little bit… I mean, since we’re kind of talking about Joshua Tree, how have established tourist markets fared this year? Are they holding strong? Has it been pretty consistent compared to some of the other areas out there, like a metropolitan area?

Jamie:
Yeah. So there’s definitely more weakness there in some of the established destination markets. I thought it’d be fun to sort of do in sort of an exercise where we walked through what we were seeing in one of the markets, and I actually pulled out a Gatlinburg, Pigeon Forge area, just to give you a sense of… It was also one of the ones called out in that sort of doom tweet by the Doom Squad of revenues dropping 40%.
So in the Gatlinburg, Pigeon Forge market year over year, we’re showing RevPAR down about seven and a half percent. But these markets, especially market like Gatlinburg where supply is growing 20%, you have churn, listings leaving, it’s really hard to get a sense of what is the average host actually increasing or decreasing the revenue. So we took it down further. So there’s 23,000 listings with the lease one night sold in Gatlinburg over the past year.
Only 12,000 of those were available full-time. So 270 nights of the year, and then only 7,500 of those were available both full-time this year and last year. So a small subset of the 22, 23,000 listings out there. And when we look at just those 7,500, overall RevPAR was down about 9%. And it was down most at the budget and luxury end. So the middle tiers were held up the best. What I thought was really interesting was for individual hosts, so those with just one to five properties, RevPAR was only down 7% where the large property managers in that market saw 13% decline in RevPAR.

Tony:
Interesting. Why do you think that is, Jamie, just out of curiosity?

Jamie:
Yeah. So that same question. So large property managers did such a better job of increasing occupancy in 2021 and 2022 in raising rates. And now they’re seeing bigger declines. But if you look at what they’re earning relative to 2019, they’re still well outpacing individual hosts. So it tells me that most of those individual hosts are not using revenue management software. They weren’t able and didn’t push rates when the times are good. Now, they’re not seeing as much declines when the times aren’t as good, but they’re still not earning as much as some of the larger PMs are in that market.

Tony:
And Jim, you hit on a really interesting point because I’ve kind of in my heart felt that that was part of what’s driving some of the decreases is that because so many of these hosts are new and they’re not leveraging dynamic pricing tools, and they don’t understand what their average booking window is in their market, if they’re not fully booked out every 30 days, they’re just dramatically dropping their prices.
And now it’s impacting the entire market because now you have guests that are able to choose a $60 listing that’s brand new versus the more mature host that’s charging a hundred bucks per night. So I’m literally launching a property management company right now because I feel that there are so many hosts that don’t know what they’re doing that overall they’re pulling down the revenue potential for the market. So that’s why Rob and I are both so focused on educating people about how to do this the right way, because if more people understand the basics of dynamic pricing, how to do it correctly, then as a host community, we all end up winning.

Rob:
It’s always so annoying, dude, when you’re comping out a property in a place like Gatlinburg and you’re looking at the neighborhood and this person has this insane 20,000 square foot placed with a helicopter pad and it’s like $70. It’s like, “What are you doing, man? What are you doing? You’re ruining this for us.”

Tony:
Well, Jamie, I want to ask you one last question before we start to wrap things up here. And for all of our listeners that are thinking of buying that first Airbnb, that first short-term rental right now at the tail end of 2023, what would your advice be to that person?

Jamie:
One, it’s make sure you’re leveraging data to find the right market to invest in. I don’t love the old adage of invest in a market that, you know, that you grew up going to. Find markets that make sense to invest in because they may not be the right market. It might not have been in the same market as a year ago, two years ago, on the cost basis of investing in homes right now has shifted dramatically over the past five years. And then the opportunity to grow revenues in these different markets has shifted dramatically.
So, one, I do a lot of research on finding the market, and then I think some of the conversations we’ve had on amenities are going to be really important for the type of property you can invest in going forward is don’t just look for current cashflow, look for that property that you can actually evolve and sort of grow into a good long-term investment. I try to help people think longer term like five to 10 years on that investment. Like Tony, that property you’re going to in Joshua Tree, if you didn’t have the ability to put in that in-ground pool, that would totally change that investment thesis for that property. Right?

Tony:
Yeah, absolutely.

Rob:
Sure. Yeah, that makes a ton of sense, man. So for people that, if you could give some advice on where people could find some of these markets, I agree. Going to a place where you grew up, not necessarily, I do like the familiarity… Oh gosh, let’s not try this on air. How familiar it is. How about that? How about that? How familiar? How familiar it is should not necessarily be the driver for why you buy it. I think that’s a way you can do it, but finding good markets that work, I think that’s what you’re saying. How can people find some of these good markets?

Jamie:
Yeah. So thanks for the tee up. We just rereleased AirDNA this past month, and one of the tools is all around market discovery. So you can look at a list of all markets across the US, filter down to the type of investment you’re looking in. So if you’re looking for, in one bedroom, unique listings, you want to go in on the luxury tier and you want to find markets with the highest occupancy, highest ADRs, highest investability, we now give you that ability to dig, filter in, find the right comps, rank markets against each other, and where you can find those hidden gem markets.
We actually did a piece recently where we talked about hidden gem markets. Maybe low percent of property managers, relatively small markets, like a 100 to 500 listings where you could go in and really dominate that market by running a property well. And all that can now be done with the new tools. So you can really customize it, find markets that really fit your investment strategy, your risk tolerance, and the type of markets, mountain, coastal, urban, suburban, and find those type of cities, find those good investment opportunities.

Rob:
Well, awesome, man. Well, thank you so much, Jamie. For people that don’t have familiarity into how to find you on the internet… See, I knew I could say it. I knew I just had to think it through a little bit. How can people find you and connect with you?

Jamie:
Yeah. So I’m active on Twitter @Jamie_Lane on LinkedIn and AirDNA. I host a podcast called the STR Data Lab where we talk about data and interview professional managers hosts on the data that they use to run their business.

Rob:
Super cool, man. Well, maybe Tony and I can be guests one day, the power duo, the power couple here in the short-term rental market. Well, awesome, man. Well, thank you so much, man. I do love getting into this and talking about the data with you. I think this makes me feel really good, honestly, just being armed with the proper data. So we appreciate you coming in and speaking some of these truth bombs. Tony, for anyone that wants to reach out or connect with you, how can they find you online?

Tony:
Yeah. First, Real Estate Rookie Podcast. We put out episodes every Wednesday and Saturday. And then personally, you guys can find me on Instagram @tonyjrobinson. And if you’re on YouTube @therealestaterobinsons.

Rob:
Dang. All right, man. That was like three of them. All right. Well, I’ll do four. You can find me on YouTube @robuilt, on Instagram @robuilt, on MySpace @robuilt, and TikTok on Robuilt. How about that? Well, thank you so much, Jamie. We appreciate it. Tony, thanks for doing this with me, man. It’s always fun to share the mic with you. And for everyone at home, if you like this episode, if this inspired you, if this make you feel better, feel free to go and leave us a review on the Apple Podcast platform or wherever you download your podcasts.
This is Rob Abasolo. I’m not going to do the David thing because I know I’ll mess it up. But thanks everyone and we’ll catch you on the next episode of BiggerPockets.

 

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First rental property? Security deposits, credit checks, and home renovations can seem DAUNTING when it’s your first real estate rodeo. How much do you charge, which tenant do you select, and will refreshing the grout allow you to double your passive income? These are just some of the questions you’ll have before you collect your first rent check. But don’t worry about answering them yourselves; we have the experts to help!

Welcome to this week’s Rookie Reply! If you’re just starting your real estate investing journey, this is the place to be! Ashley and Tony go through some VERY common questions, such as what to do if your tenant terminates their lease early, how much to charge for security deposits, and how to run your first credit/background check. For those who are a bit more experienced in the investing game, we also chat about HELOCs, rental renovations (and if they’re worth the cost), and moving properties into an LLC.

Ashley:
This is Real Estate Rookie episode 332. How much should I charge for a security deposit? The first thing that you need to do is know what you are allowed to charge per your state laws. A really, really great resource is Avail.co. It will actually tell you what your state laws are.
Does this only cover damages for the security deposit? So, that’s what you would put into your lease agreement. And one thing I highly recommend is putting into the lease agreement what somebody will be charged. So, actually, itemizing like here is your checklist of things of how we want the apartment to come back from us. My name is Ashley Kehr and I’m here with my co-host, Tony Robinson.

Tony:
And welcome to the Real Estate Rookie Podcast where every week, twice a week, we bring you the inspiration, motivation, and stories you need to hear to kickstart your investing journey. Today we’ve got a Rookie Reply, which means we’re taking questions from our Rookie audience. I say today’s episode is a little Ashley heavy because we’re talking a lot about tenants and long-term rentals. We talk a little bit about LLC structures and HELOCs, but lots of good information we’re going to get into for you guys today. Yeah.

Ashley:
Yeah. We also talk about what attorney you should use from which state when you’re dealing with deeding properties, transferring title or creating your LLC and putting your properties under the LLC. So, lots of great questions today. If you have a question that hasn’t been answered yet and you want answered, please go to biggerpockets.com/reply.

Tony:
All right. Now, I want to give a shout-out to someone by the username of Dela Rogue. This person says, “Exposure to realistic real estate. The show is great for people like me who work a full-time job, but want to learn more about investing. Real estate investing seemed overwhelming at first, but Ashley and Tony listening to them every single week helped me get comfortable with all the terms being thrown around and investing in general. I’m on the BiggerPockets forums now and learning as much as I can before I execute my first deal.
Thanks for all the tips guys.” So, for all of our Rookie’s that are listening, we’d love to hear from you. Tell us your story by leaving us a review on Apple Podcast, Spotify, wherever it is that you’re listening. But the more reviews we get, the more it helps the show grow and the more the show grows, the more we can inspire folks just like Dela Rogue. So, do us a favor, leave that review.

Ashley:
Now, let’s get in to your questions.

Tony:
All right. Guys, so today’s first question comes from Gamba Lume Jessin. Gamba Lume, I hope I got the first name right there. But Gamba Lume’s question is, “Hi, team, me again. Question, if rent is payable in advance by the first day of the month and the tenant doesn’t do so and five days later they want to move out, do you demand rent for the month along with the late fees?” So, Ash, it’s probably more of a you question. All of my “tenant’s payment” before they step foot of my property.
So, I don’t have to deal with this as much. But how do you handle folks that want to leave? My assumption is that they still got to give you 30 days’ notice. Typically, that’s what’s going to be in your lease is you can’t just say, “Hey, I’m moving tomorrow.” But yeah, I guess curious Ashley to hear how you handle those kind of situations.

Ashley:
Okay. So, for this in your lease agreement, there should be some clause that states if you don’t give 30-day notice and you just randomly decide to move out that your security deposit is completely forfeited. With this, yes, I would still, if they didn’t give proper notice according to their lease agreement, they would still owe. In lease agreements you can see clauses too where somebody will put in that if you move out before your lease ends or you don’t give proper notice, you are liable to pay the rent on that property until somebody else moves in.
And as the landlord, you have to actively try to market and get somebody into the property. The hard part is trying to collect from that person no matter what your lease agreement says about them terminating the lease early or not giving proper notice, it is very hard to collect from that person. So, yes, you can still charge them for that month’s rent unless you get somebody into the property right away. So, say maybe day 10 you get somebody in, you could charge them for the first 10 days. But then, since you already have somebody else in the property, unless it specifically says in your lease agreement that if they move out early, they have to pay a full month’s rent and you retain their security deposit or whatever that may be.
That has to be written out in your lease agreement. In this example, let’s say there is no clause about moving out early or not giving proper notice. In this one, I would try to charge the tenants for moving, vacating early and see what would happen if they would actually pay it. One thing you can do is you can… and a lot of property management software is putting this into their systems now, where you can actually send a tenant’s information out for collections. And they’ll be able to… from there, the collection agency takes it and they call and they collect and you may get the money, you may not.
But also the collections agency takes a large percentage. They also have very regiment rules as to was actually eligible for collection. So, in the circumstance they may say in your lease agreement, it doesn’t say what the rule is for somebody terminating early. And we don’t think that this is something we can actually collect on by law.

Tony:
Ash, let me ask you this question. I actually don’t know the answer to this. But if you had your tenants banking information on file checking, routing information or debit card, credit card, if they violated your lease in some way, could you just automatically bill their card? Is that like a thing that long-term landlords do?

Sonia:
The property management company that I used to use, they actually would take the tenant’s information for their auto withdrawal and they would set up on their end. So, they would have the full account information whether there’s credit card or a bank account. The software that I use, I do not see any of that that is completely in the residence control. But one issue when I let the other property management company go and took back over when we switched everyone over the property management company never turned off everybody’s online payments. So, people’s account had paid us the new property manager, but also then they got the money taken out of their bank account because the property management company never shut off those payments.
And it actually was a huge ordeal. Obviously people were really upset because they just double paid for their rent and it’s like, “Okay, how is it getting back?” And then, it was a nightmare just figuring out, okay, who already paid the property management company and who didn’t and things like that. But I don’t like the responsibility or the aspect of me actually having that person’s account information. I like it that it’s a third party software that has security in place, cybersecurity in place where that information is protected.
So, just like with tenant screening, if you are actually going to do your own tenant screening where you’re going to collect to the person’s social security number, you’re going to do all these different things. A lot of software company will actually do a check on you as in they send someone to your office to make sure you have a lock on your door, you have a filing cabinet with a lock that your computer is encrypted, all these different things just for you to collect somebody’s social security number. So, with all of the internet things that go on and all of the scams and everything today, I would suggest if you can avoid.
And this is one of those situations where you can use software and you can avoid actually collecting your tenant’s bank information or credit card information and somebody scams them, it could make you reliable because they say, “Well, you don’t have any kind of protection. Somebody could easily hack into your computer and get that information off of it,” things like that. But Tony, I did have a question for you though, which it’s more towards medium term rentals, but it’s through Airbnb. So, there’s been a couple of times where I’ve had somebody saying for a long time, like three months say for example. And so, Airbnb will collect one month at a time.
So, if somebody books longer than one month, they don’t collect the full amount. People can set up payment plans almost where they’re in the property for a month and then month two, Airbnb will pull another payment from their credit card on file. I’ve gotten the notification that the Airbnb cannot collect from this person. And it doesn’t say what it is, but it’s always been rectified within 24 hours. I get the email saying the person has paid, but have you ever had anything like that happen or not?
Because it’s mostly short-term rentals. And what would be your suggestion of what to do in that circumstance? If you do have somebody from Airbnb in the property, they’ve rented it for three months, month two comes and they don’t pay and they shut off their credit card or whatever and Airbnb can’t pull from it anymore.

Tony:
Yeah. We’ve never had that issue because all of our properties are traditional, true short-term where folks are at most during the holidays we might have someone say 7 or 10 days, but never anything beyond 30. If I were in that situation where I had an Airbnb guest whose payment failed, I mean obviously, I try and reach out to them first. But if for whatever reason I couldn’t get in contact with them, I feel like my next steps would be to try and get them to physically leave the property. So, I might try and call the sheriffs, I might try and call the local PD, whoever I can to assist in getting them to get out.
But then, it gets dicey and depending on what state you’re in on, if they’ve been there long enough, say that they’re on whatever, a 90-day medium-term rental stay, even like a six month and you’re on month four, when they stop paying, then you kind of get dicey around like, “Hey, what are your options?” So, my first move would be to try and get them to leave the property physically and then if I can, I guess you got to start an eviction process or something.

Ashley:
Yeah. Yeah. Maybe then they’ll start throwing out squatter laws.

Tony:
Yeah. And that’s why. I mean we’ve had to call the sheriffs I think once or twice to help get people out on the short-term rental side. Typically, by the time when we tell them, “Hey, we just called the sheriffs, it’s time for you to go.” Usually they just leave on their own. But we’ve never actually had to physically remove someone from one of our properties before.
So, fingers crossed I never have to. But yeah, I’d be, I guess guessing a little bit on what I’d be doing in that situation.

Ashley:
Yeah. So, with that, was that during their stay and you had them leave early because they were in a party or was it because it was past their checkout and they weren’t leaving?

Tony:
One of each, right? So, we had one guest, I think I told the stories like these two crackheads, like actual literal drug users. I don’t say crackheads in a funny way, but they were actually doing crack cocaine in our property. But we had to call them because we knew who they were, we wanted them to leave. And then, the second time was someone that just stayed exceptionally late and they weren’t super responsive.
And then, “Oh, I’m sorry, we overslept,” or something like that. So, those are the two situations. Never for a party. Most of our properties are smaller, especially the ones in Joshua Tree, so they’re not even meant for a party. And then, our cabins in Tennessee, I don’t know, it’s mostly families and grandparents and grandkids. So, we’ve never really had to deal with parties too much.

Ashley:
Okay. Our next question is from Alfonso. “If I take out a HELOC on my primary residence, but I don’t access any funds yet and just have it open, what happens if I decide to move? If I choose to access my line of credit, does the lender ask if it’s still my primary residence? Will the lender close the account?
Can someone clarify? Thanks in advance.” This is a great question. And our friend Tyler Madden, who’s been on the podcast before has actually talked about how he did this with his primary residence. He was getting ready to purchase a new house and so he went and got a HELOC on his primary residence that he was going to keep a rental property.
And he did this before he closed on his new house. And he actually used the same mortgage broker. I have a friend who’s in a situation where they have a duplex or house hacking and they are buying a new primary. And they need the cash from the duplex to put towards their down payment. I told them about what Tyler did as to he actually just got the line of credit and they could draw off the line of credit and they could use that for their down payment on the next property.
Tyler had said he used the same mortgage broker to do his line of credit and to do his new mortgage. So, this broker was fully aware that it wasn’t going to be his primary anymore, but it was right there in that time, which was completely legal to go and get a line of credit. And so, they worked out the closing. So, he closed on the line of credit before he closed on the mortgage of his new property. And having that kind of timeline is important.
And so, I have a line of credit, but they’re all on investment properties. I’ve never actually done one on my primary residence. As far as I know when you pull off a line of credit, it’s usually like a form you fill out that you just send into whoever your loan officer is and say, “I want to take $20,000 and please put it into this bank account.” And then, you sign it or you get a checkbook, you get a regular checkbook and you can literally write money or write checks from your line of credit instead of a bank account. So, you could always ask for that option too when you go and get the HELOC.
And then, there’s nobody asking you if you have a renewal term, like say your HELOC is up in three years and they go to renew it, they may ask you then if that is still your primary when they go to actually renew the line of credit.

Tony:
Yeah. And so, a HELOC is what you’ll hear is some people refer to it as a second mortgage. So, in the same way that when I look up county records for a specific property, you can see who has a lien, who has a mortgage for that property, right? Like Bank of America has a loan against 123 Main Street for Tony Robinson. When you go out and get a HELOC, and I’m almost certain that this is correct, they’ll also technically put a lien on your property as well. So, say that you do go to sell Alfonso and the same way that your title or escrow company or whatever kind of entity you’re using in the state that you’re in, they’ll go and check to see what are all of the liens against this property.
They’ll see your primary residence and then they’ll see your… I’m sorry, they’ll see your first mortgage that you used to purchase the property. Then, they’ll also see your second mortgage or your home equity line of credit. So, they’ll pay off both of those with the proceeds from the sell before they release any funds to you. So, it couldn’t be like, “Hey, I’m going to go out and get this HELOC against my primary, then I’m going to turn around and sell it.” And then, the bank that gave the HELOC wouldn’t be aware of that.
Your title escrow company will make sure that it gets paid off. So, that’s how it works in the backend. And that’s the whole reason why you use these third parties like title and escrow to make sure all the paperwork is good. Because say that you tried to do this outside of title and escrow, there’d be no paper trail of this lien against the property. So, the banks are going to want to make sure that they’re protected.
They’ll have some kind of mortgage security document that you’re signing that ties the debt they gave you to the actual property. So, to answer that first part of the question, if you sold the property, your HELOC should get paid off during that sale process and then you walk away with any proceeds there afterwards.

Ashley:
Our next question is from Graylin Herd. “Hey, Rookies, I hope everyone is doing great. I’m closing in on renting my first property. And with the current state of the world, it’s stressing me out what I should charge as my security deposit and clauses I should implement to protect me as an owner. Everything in my property will be brand new and I put a lot of hard work and money into it.
What you charge for security deposits and does this only cover damages? Are you charging your charge first and the last month’s rent at the beginning of the lease? And if so, this is separate from the security deposit, correct? What service do you use to run background and credit checks on applicants? I have heard rent prep and my rental are good.
Thoughts? Thanks for help in advance.” Okay. So, let’s go back to the beginning and let’s start there. How much should I charge for a security deposit? The first thing that you need to do is know what you are allowed to charge per your state laws.
A really, really great resource is Avail.co. Okay. They’re actually a property management software and they have, if you go to, I think it’s tools and resources, I’m trying to look right now. It will actually tell you what your state laws are for each state. So, you click on your state and then you can go through and see if there is a security deposit law, if there is you have to charge a certain amount or not.
So, in New York State, you can only charge equal to one month’s rent. So, if they’re renting the unit for 750, you can only charge 750. You can’t charge any more than that. You also in New York State cannot charge for last month’s rent. So, that’s another thing that you should look for in your landlord laws.
So, here in New York State, when somebody moves in, you can charge them the first month’s rent because they’re moving right in and then you can charge them security deposit equal to one month’s rent. You cannot charge anything more and you cannot charge last month’s rent. Okay. You can charge for pet fees, different things like that upfront that are non-refundable. So, we do a $300 non-refundable pet fee at move-in, if you are bringing in a cat or a dog to the property.

Tony:
Let me just ask a few questions on that piece. Right. So, you said that you charge a $300 pet fee. How did you land on 300?

Ashley:
When I started as a property manager, it was 200 and for the first ever building that I managed, that’s what they did. And then, it was another $10 per month. And I quickly realized that was not really enough to cover some of the wear and tear that pets did and that people were actually willing to pay more. So, over the years it’s just increased to 300. So, it’s $300 no matter how many pets you have.
So, if you have a cat and a dog, it’s $300 and then it’s $30 per month per a pet. So, if you have two dogs, it’s 60. If you have two dogs, one cat, it’s 90, but we do cap it at three pets. And then, for some properties it’s even less than that. And then, also you have to know what the town codes are too. Your town may even cap how many pets that somebody can actually have living in a household too.

Tony:
Is there any level of competitive research that you’re doing to gauge either the pet deposit or even just the general security deposits? Or are you just going based off your knowledge of your own properties?

Ashley:
Well, the security deposit, no matter what for everybody in New York State has to be one month’s rent.

Tony:
Oh, so it can’t be less or more?

Ashley:
I mean it could be less, but I’ve never ever seen anybody charging less ever. That is 100% like the going rate is one month’s rent. Yeah. And then, as far as the pet fees, I haven’t done a ton of research on that to be honest. But we’ve never had anybody say, “No, never mind, we’re not going to rent it.”
But every once in a while look at what’s listed in the area. And I mean recently it’s actually very hard to find listings in the area because apartments are just going so fast. But usually around the 200 to 300 mark is what I’ve seen in there. I mean before I’ve seen even $500, but then there’s no monthly additional fee too. So, there’s a change in what the upfront fee is and then what the monthly fee is.
And a lot of times it’s easier to have a higher monthly fee because that first upfront fee, sometimes it’s hard for somebody to come up with the first month’s rent, the security deposit, and that large chunk of money for the pet fee too.

Tony:
Got you.

Ashley:
Okay. So, let’s see. The next question was does this only cover damages for the security deposit? So, that’s what you would put into your lease agreement. And one thing I highly recommend is putting into the lease agreement what somebody will be charged. So, actually itemizing like here is your checklist of things of how we want the apartment to come back from us… come back to us when you move out.
So, it’s broom swept, it’s the fridge is cleaned out, the oven is clean, there’s no holes in the walls. And then, you start putting, if we need to pay our cleaner to clean the oven, it’s a $20 charge. If we have to have somebody clean the fridge, it’s $10. You itemize what those cleaning charges will be and do the same for any repairs that are the tenant’s responsibility. So, if there’s a hole in the drywall, what’s going to be the charge for something like that?
If the faucet is ripped off or there’s other damage that can be done, there’s tears in the rug. I once had a tenant that cut a piece of the rug out of the closet and then put it where his dog had ripped up the carpet. We wouldn’t notice that he put a patch in the carpet.

Tony:
You got to give him points of being creative though. That’s funny.

Ashley:
So, try to itemize everything specifically that they’ll be charged for. Going back to New York State. So, New York State, you actually have to offer your tenants a pre-move-out inspection two weeks before they actually are moving out of the property. So, they give their 30-day notice, you send them a letter saying, “Hey, you are entitled to a two-week pre-move-out inspection. You can opt out of it if you don’t want it, but it’s here.”
And the purpose of it is so that you can show tenants, you’ll be charged for this, you’ll be charged for this. And it gives them two weeks to go ahead and repair it themselves. And I say that with the air quotes or to hire a contractor to go ahead and do the repairs before their move-out inspection. So, one downside to that is tenants will go and try to make the repairs themselves and it just ends up being even worse than what it was. But this is something by law you have to offer to let them know.
And then, other times it turns out great, the apartment is turnkey and ready to go when they move out and you can get it rented right away. So, to wrap it up, make sure you’re itemizing what the charges for a security deposit could be as far as using it for them to cover rent that was unpaid. Be very careful with how you word that in your lease agreement because you don’t want a tenant to give a notice that they’re moving out in 30 days and they just say, “You know what? We’re not paying less rent month. Just put the security deposit towards it.” Well, now you don’t have a security deposit to cover any damage.
So, usually in our leases we put the security deposit cannot be used as last month’s rent. And then, obviously, if they don’t pay and the apartment is perfect condition, we will apply the security deposit to that last month’s rent. But you want to make sure you have that security deposit available for damages. So, try to get them to pay any rent that they are… that’s due before they move out. Okay. Next part of this question, Tony, I feel like these are all geared towards me.

Tony:
Yeah.

Ashley:
What service do you use to run background and credit checks on applicants? So, pretty much any property management software will have this integrated into their software that you can use. TenantReports.com is one that’s separate from any kind of property management software. So, you can just go in there and you could use that to screen your tenants. But then, if you use AppFolio, Buildium, Avail.co, Rent Ready, they all have background and credit screening services built right into them that you can use.
As far as the rent prep and my rental I’ve never used those ones, so I’m not sure. But I’m sure they’re all pretty similar too.

Tony:
Yeah. And that’s just one thing to add, right? I know in California. This is from the very brief period of time that I worked at a property management company here after college. There were even I think limitations on what kind of things could disqualify someone versus something else. I guess is there any information that you can use in someone’s credit report, background check, et cetera, to disqualify them from being a tenant?
Or are there certain things that are protected that you can’t use? How does it work in New York? And I’m sure it varies from state to state.

Ashley:
Yeah. It does vary from state to state. In New York State, you can’t deny someone because they have an eviction on the record. That can’t be the sole reason, which sounds ridiculous. I know. But yeah, there’s definitely different things.
And then, there’s also Fair Housing Laws across the board where you can’t deny someone that maybe they have the same exact everything, but one person has a 700 credit score and the other person has a 550 and you end up going with the person that’s 550. Okay. Then, the next time, which I don’t know why you would do that, but just say you do that person that’s 550. Then, the next time you rent as the similar unit, whatever, maybe it’s the upstairs or something, you deny someone who has the 550 or whatever. You have to be very consistent as to what your criteria is.
So, we have a checklist and it’s baked right into our software where this is our minimum credit score. This is our minimum debt to income. You have to make at least three times of what the rent is for the month. So, having that all listed out to protect you from Fair Housing Laws that you are being very fair and not discriminating when you’re screening tenants. And that would be the biggest issue.
There are so many free resources to know what your landlord laws are, the Avail.co I mentioned earlier, but also if you go to your local housing authority. So, even if you just Google Buffalo New York Housing Authority, some will come up. So, homeny.gov is one that’s in New York State. Belmonthousing.org is the actual Section 8 voucher association for Buffalo.
So, a lot of times they have free classes, they have handbooks or the classes are like $10 or very low cost. And since COVID they do a lot of them virtual. Now, you don’t even have to go to them in person, but they’re a wealth of knowledge. They’re usually an hour long and you just get like, “Here’s what you need to know to be a landlord in your state.”

Tony:
Yeah. When I worked at that property, they were an all-in-one house anyway. They were one of the largest department complex owners in this little pocket of California that I’m in. And during our initial training process, they talked about what you said about the fair housing and all this stuff, and they said that there were actually people out there. I don’t know if these people were attorneys or just professional tenants. But they would basically look for these big apartment complexes that were violating some of these Fair Housing Laws.
And literally just trying to apply, not even with the goal of getting the apartment, but just to try and catch some of these bigger apartment complexes and companies like red-handed. So, as the leasing agent, we had no discretion over approvals. We would literally just take all the information the person put into their application, key it into the whatever software that we were using, and it would spit out either a yes or a no. And once it happened, we had no control over trying to fluff the numbers or change this or make it easier. It was all automated with no human interaction outside of us just keying in the information.

Ashley:
Okay. Mantas has a question about an LLC. “Can you hire a real estate attorney in order to place your properties under an already established LLC? Does the attorney need to be located in the same state as the property? For example, if my property is in Oregon, does my real estate attorney have to be in Oregon even though I currently live in Maryland or could I do it with a Maryland real estate attorney? Much appreciated.”
So, what this question first, let’s address what it means to actually place properties under an already established LLC. So, you’ve already created your LLC, you’ve filed the documents for it and it’s an operating company and you want to put your properties in this LLC so that they are no longer owned by you personally and they’re now owned by the LLC that entity. So, in order to do that, you have to change the title, you have to change the deed of the property to state that the owner is the LLC and now they are under the LLC. So, in order to do that, usually you’d hire an attorney to go ahead and do a quick claim deed is what I’ve done and deed it from your name to your LLC. And there’s no title work or anything done because you were the previous owner and now it’s going into an LLC that you own too.
And you already had title work done when you purchased the property. And if you as the owner didn’t change anything, then there’s no reason to go ahead and do a new survey and to do the title work again. So, it’s just called a quick claim deed. As far as having that attorney do it in the state that the properties are in or the state that you live in. Another question I would ask is what state is the LLC in?
So, is the LLC the same as your properties or is the LLC the same as where you live too? So, Tony, I honestly don’t know the answer to this question as to where the attorney has to be from.

Tony:
I think the answer is that it doesn’t even necessarily have to be an attorney. Right? I’ve filed some of these changes myself just because you can just walk into the county and say, “Hey, I need to update the deed for my property. What paperwork do I need?” And I know here in California, or at least in the county that I live in, I need what’s called a PCOR form, which is like primary change of ownership form. And then, I also need to update the grant deed.
And as long as I fill out those two pieces of paperwork and I get them notarized, I can myself turn those pieces of paperwork in. I’ve had my attorney do it for me here in California. I just had my escrow company do it for me here in California. So, I’ve had three different types of folks manage that process for me and only one of them was an actual attorney. So, I think the question is does it even have to be an attorney?
Could you just go to the county yourself and fill that paperwork out? But I would think as long as the attorney is at least versed in what the correct paper trail is for your state, for your county, for your city, it doesn’t really matter where they’re at or where they’re located.

Ashley:
Yeah. And I think that right there is the key point is to maybe that the only reason you want an attorney that’s in the state where the properties are is because the actual work to put them into the LLC is to do the deed process do that little bit of title transfer. And so, just having an attorney that already knows how to do it and that state actually might be way cheaper too than hiring an attorney where you live and them just figuring out that process, maybe just an extra step that they’ll bill you for that.

Tony:
But actually, let me ask you because everything has to be done through attorneys in New York. So, do you have to hire an attorney to fill out like a change of ownership paperwork or could anyone do it?

Ashley:
I honestly don’t know because I’ve just always had my attorney do it, but there’s nothing on the paperwork that says my attorney information on it. It’s the seller’s name, the owner’s name, the property information, the description. So, if you already have the existing deed, I think you can probably just go right down to the county clerk office and file yourself to change the title.

Tony:
Yeah.

Ashley:
Last question we have here is from Carrie Molina. “I just purchased a multifamily home and one of the units is going to be available this month. How do you balance upgrading with just renting it out quickly? Should you do your upgrading in the beginning or try to recoup some of your down payment first? Trying to see if I should upgrade this kitchen and bathroom and then raise the rent or just rent it out right away to get some reserves.
If I renovate any recommendations for that ugly bathroom grout, I might be able to raise rent only $75 to a $100 after renovations. Thanks in advance.” So, I’ll tell you a little funny story about that ugly grout. I actually-

Tony:
Bathroom grout.

Ashley:
Yeah. I did a property over COVID with my son. He was I think six at the time. And so, we, me and him rehabbed the whole property and one thing that was not in the budget was in the kitchen, the backsplash to redo it. The tile was in great shape, but it just had these gross yellowish grout lines throughout the tile in the back splash. I actually ordered I’m pretty sure it was on Amazon, like a grout pen, and it was almost like a white mark.

Tony:
Like a Tide pen or something? Oh, yeah.

Ashley:
Yeah. Yeah. It was like a Tide pen, but it was white-out and we just went along and we did that along all of the tile lines to make them white. And it actually turned out so beautiful and it was way more cost-effective than actually going in and ripping out all the tile and putting it back in. But that actually worked really well.
So, it depends, I guess as to how extensive maybe it is and how you want to do where this was not an area where we were doing really nice upgrades in the property because we just couldn’t get that much rent for it. So, there was a little DIY hacks that we did in the property to still make it look really nice, but not going over budget where we couldn’t recoup what we could get in rent for it. With this one, let’s see. Should you do the upgrading first or rent it out first? Tony, what do you think? What would your answer be?

Tony:
I mean, I always want to try and get the rents, right, especially if the unit is vacant. In my mind it makes sense to go ahead and do those upgrades now. Still to Ashley’s point, you don’t want to over upgrade and invest more money into the property, then you’ll be able to get out as rent.
But if the property is vacant, use that as an opportunity to increase those rents, even if it’s only a hundred bucks, if you’re able to start doing that across, we don’t know how many units it is, but say you’ve got a small multifamily with four units, four times 100, it’s an extra 400 bucks per month, you’d be able to pull in by doing those as each unit turns. So, assuming you have the capital, I would prefer to do it now as opposed to waiting. But what’s your approach, Ash?

Ashley:
I would just say run the numbers and look at almost what your cash on cash return is based off getting $75 to a $100 more. So, if you’re going to be dumping $30,000 into renovating the, what was it, the kitchen and the bathroom, then only getting $75 to a $100 more might not be worth it for you. But if it’s only going to cost you a couple $1,000 to do these simple things that will add that a $100 value and rent, then yes, go ahead. So, I think take a look at the numbers and if they make sense or if you’re actually getting better value of keeping it at what it is now and not even doing the renovations. Okay.
Well, thank you guys so much for joining us for this week’s Rookie Reply. If you have a question that you would like answered, you can go to biggerpockets.com/reply and put your question in there. You’re always welcome to leave your questions in the Real Estate Rookie Facebook group, or you can send us a DM on Instagram at Wealth from Rentals or at Tony J. Robinson. Thank you guys so much for listening, and we will be back on Wednesday with a guest.

 

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The savagely unhealthy housing market continues to unfold as we approach Halloween. Sales are still falling, home prices keep rising, and inventory is still negative year over year. The core problem? Too many people chasing too few goods — and days on the market are still under 30 days. On top of all that, mortgage rates are now at 8%. It’s like we invited Freddy Krueger, Jason and Michael Meyers to come for a haunted housing market party. 

Let’s review what the existing home sales market has told us in 2023 as mortgage rates have increased.
From NAR: Total existing-home sales – completed transactions that include single-family homes, townhomes, condominiums and co-ops – waned 2.0% from August to a seasonally adjusted annual rate of 3.96 million in September. Year-over-year, sales dropped 15.4% (down from 4.68 million in September 2022).

Here is the breakdown of the key charts on the critical data lines as we go over what NAR has told us.

From NAR: According to the REALTORS® Confidence Index, properties typically remained on the market for 21 days in September, up from 20 days in August and 19 days in September 2022. Sixty-nine percent of homes sold in September were on the market for less than a month.

Days on the market rose year over year from 19 days to 21 days in September. The days on the market metric is very seasonal and we will see the typical seasonal increase now. However, in a regular market this number would be above 30 days. So, while we aren’t at a teenage level anymore, I still prefer the days on the market to be over 30 days. 

In addition, cash buyers are up year over year from 22% to 29%. As fewer people finance their homes, the cash buyer percentage grows, especially in a declining sales environment. We can see the other result as first-time homebuyers have moved lower year over year from 29% to 27%.

Housing inventory

From NAR: Total housing inventory registered at the end of September was 1.13 million units, up 2.7% from August but down 8.1% from one year ago (1.23 million). Unsold inventory sits at a 3.4-month supply at the current sales pace, up from 3.3 months in August and 3.2 months in September 2022.

So inventory is still down year over year; we saw a slight increase month-to-month on active listings and monthly supply. Monthly supply has the potential to grow more as higher mortgage rates can create more days on the market as homes take longer to sell. This data line can quickly get back to four-months’ supply, which I would look at as a regular marketplace nationally.

Home prices

From NAR: The median existing-home sales price grew 2.8% from one year ago to $394,300, marking the third consecutive month of year-over-year price increases.

Home prices have been showing positive year-over-year growth and are still trending higher for the year. However, one thing to remember with the pricing data is that the comps are much easier now. We had collapsing home sales last year and month-to-month declines in home prices. So, consider this when we talk about year-over-year data now. The weekly Housing Market Tracker we produce each weekend will give you a more real-time outlook on current pricing in housing today. Always remember median sales price data is seasonal as well.

Today, we see the same trend for existing home sales continue as it has for many months, with sales and inventory both negative year over year. Going out in the future, we are dealing with 8% mortgage rates, which means demand will weaken. With three more reports left for the year, we will see how these higher rates impact housing pricing.



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The Real Brokerage has appointed Christian Wallace as chief of integrated home services, the company announced on Thursday. Prior to joining the brokerage, Wallace worked at some of the leading companies in the industry, such as Rocket Homes, Better.com, Opendoor and Farmers Insurance

In this newly created role, Wallace will report to Real Chairman and CEO Tamir Poleg and will oversee Real’s consumer-facing products. Through a mobile application, she will streamline “every touchpoint of home buying and selling” into one “seamless experience,” the press release said.

Christian-Wallace-The-Real-Brokerage-1-1
Christian Wallace

“There are a lot of companies looking to make it easier for consumers to become homeowners. At Real, the company has made a huge investment by acquiring mortgage and title businesses and everybody is moving in the same direction to help both our agents and their clients be successful,” Wallace said in a statement. “As someone who is obsessed with creating the best experience imaginable, Real provides the runway to change the game for consumers.”

At Rocket Homes where Wallace worked from Feb. 2022 to Oct. 2023, she oversaw business development, back-end operations as well as the partner real estate agent network. During her tenure, she focused heavily on the customer experience.

Poleg said that Wallace brought “the unique combination of being an agent who has also built the customer experiences at some of the leading disruptors in the real estate industry, all of which are in the race to change how people buy and sell homes.”

“I couldn’t be more pleased that Christian will be driving our integrated services platform, which today consists of mortgage and title businesses, but has the potential to become so much more,” he said.

Wallace kicked off her real estate career in 2014, after working at FedEx as a regional sales manager for a decade.



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CoStar Group, the parent company of real estate data giant CoStar, has made an offer to acquire OnThe Market, the third most visited residential property portal in the United Kingdom.

The announcement bolsters the claim that CoStar is “playing for keeps in the residential real estate market.” The company offered to acquire the U.K. portal for £1.10 per share in cash, amounting to approximately £100 million in total, according to the press release.

“We believe the acquisition of OnTheMarket represents an attractive and efficient entry point into the £8 trillion United Kingdom residential property market,” Andy Florance, founder and CEO of CoStar Group, said in a statement. “We are excited to welcome the OnTheMarket team to the CoStar Group family.”

Founded by a group of agents in 2013, OnThe Market is headquartered in London and has approximately 180 employees. It competes with two other major U.K.-based portals Rightmove and Zoopla and went public in January 2015. For the fiscal year ending January 31, 2023, revenue was approximately £35 million, with adjusted EBITDA of £8 million, according to the company website

“We are very much looking forward to joining the CoStar Group residential network,” Jason Tebb, CEO of OnTheMarket said in a statement. “From a position of strength, the partnership will significantly accelerate our strategy with a clear target of becoming the market leader. Together we share a long history and strong commitment to agents, who will benefit from CoStar’s commitment to maintaining our fair and sustainable pricing model and greater opportunities to enhance their businesses.”

CoStar’s path towards residential real estate

CoStar Group has a track record of acquiring residential property portals. The company acquired Apartments.com in 2014, at the time the fifth-place U.S. residential rental platform. In 2021, it acquired Homes.com, the sixth-place residential property portal in the U.S and turned it into the No. 2 most visited platform, trailing only stalwart Zillow.

In September, Homes.com recorded over 100 million unique monthly visitors, HousingWire reported. It was a 1290% increase over the year prior, according to the firm. Meanwhile, Realtor.com and Redfin respectively reported 74 million unique monthly visitors and 52 million unique visitors in all of Q2 2023.

About the deal

In the first year of the integration, CoStar plans to invest £46.5 million into sales and marketing, exceeding OnTheMarket’s current annual media budget by six times and more than triple Rightmove’s budget. This initial investment is only one piece of a multi-year investment program. In total, the plan would amount to hundreds of millions of pounds, according to the press release.

The transaction, which is dependent on shareholder approval as well as customary closing conditions, is expected to close in the fourth quarter of 2023. CoStar will most likely discuss the OnTheMarket acquisition during its third quarter 2023 earnings call scheduled on October 24, 2023. 



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The inefficiencies of paper documents are undeniable. But when a mortgage lender, credit union, bank, title company or settlement service provider wants to transition away from paper closings, it can be hard to know where to start.

DocMagic’s AutoPrep solution is the easiest step a lender can take to automate their eClosing process.

It offers instant document e-enablement by leveraging cutting-edge AI, machine learning and powerful Optical Character Recognition (OCR) technology, instantly e-tagging third-party documents for eSignatures, eNotary and eClosing processes.

E-enabled documents are a fundamental component of eClosing workflows. While progressive document generation companies like DocMagic already provide e-enabled documents, the move to a digital workflow requires that ALL documents be e-enabled. Mortgage documents from sources such as title companies or appraisers can include unique formats. Adapting disparate document types into an electronic workflow can be a complex and time-consuming endeavor.

Regardless of a document’s original format, AutoPrep transforms every document into a high-speed, all-access pass to the world of digital closing. AutoPrep enables documents for access within DocMagic’s industry-acclaimed eClosing solution, Total eClose, no matter the format or source of the document.

AutoPrep saves time, protects resources and reduces errors by eliminating the effort involved in the manual tagging process. By automating these labor-intensive document processes, users can quickly unlock the benefits of reduced operational costs, heightened efficiency and an improved overall customer experience immediately.

AutoPrep leverages the potency of crucial document metadata, utilizing AI and machine learning identification algorithms inspired by DocMagic’s extensive document repository. The outcome is an enhanced level of efficiency and precision as the metadata enables testing and adaptation, employing document recognition as well as pattern and trend detection for improved decisions over time. AutoPrep categorizes, tags and barcodes documents to identify signature, initial and notary regions with pinpoint accuracy. But the real magic happens when it turns those documents into an e-powerhouse, preparing them for any type of eClosing process.

“​​This technology isn’t just a tool; it’s a strategic shift that positions lenders to thrive in an increasingly digital and competitive lending landscape,” said Dominic Iannitti, DocMagic president and CEO. “It offers real operational efficiency by automating a fundamentally labor-intensive process, accelerating data transfer and improving accuracy by eliminating transcription errors and streamlining a path to the digital closing process. “

E-enabling documents has increased efficiency and sped up the closing process for users like Superior Financial. The credit union known for high-quality customer service has reported 100% elimination of paper, which has compressed closing times by as much as 75%. And enabling the convenience of eClosing from anywhere has led to positive feedback from borrowers.

DocMagic’s commitment to automating the loan process has been the driving force behind its innovative efforts for more than 35 years. “Looking ahead, we’re harnessing AI to introduce the future of mortgage compliance. Guided by our cutting-edge automation, we’re empowering underwriters and settlement providers to make more informed decisions based on systematically classified data,” Iannitti said. “We’re bringing efficiency, consistency and user experience enhancements — and offering a vastly more efficient and compliant lending future.”



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HousingWire Editor in Chief Sarah Wheeler sat down with Matt Lehnen, chief technology officer at Deephaven Mortgage, to talk about building a tech stack for non-QM loans. Lehnen has been at Deephaven for the past five years leading the technology team.

Sarah Wheeler: What is DeepHaven’s philosophy on build versus buy?

Matt Lehnen: It’s situational. There are a lot of things out in the marketplace that are great solutions, that are mature products and there’s no reason that we wouldn’t explore them. And then there are some areas that are specific to our products in the non-QM lending space where there may not be anything in the market that is pre-built or off the shelf and the only opportunity to actually bring some of our lending products to market or execute on our on our strategies is to build something custom.

SW: What’s been a recent example of that?

ML: Our bank statement scenario tool, because a high number of our loans are bank statement income-based. And when we brought the product to market, there was no standard product that would do an income analysis. There are products that will pull data, but there’s nothing that will actually assemble that, do an analysis, make sense of the information, and calculate based on our guidelines.

SW: Because you do a lot of non-QM loans, where you might have to do more manual underwriting, how does technology fit into your overall process?

ML: It’s an integral part of the process. With non-QM, there are a lot of manual or semi-manual pieces, but there is still a lot of opportunity for technology to augment that. And anywhere that we can find time savings, reduce error, streamline a process for the users — that’s our main focus.

SW: Is there a part of your tech stack that you are very happy to have right now? Is there anything outperforming or outshining in this market?

ML: Our commitment to a unified tech stack has paid a lot of dividends. We’re in a virtualized environment so we’re very nimble, we’re very quick to deploy, we’re very scalable. When the market moves in a certain direction, we can deploy very quickly. With our bank statement analysis, income analysis, we have a very good set of partners working in the background that we’ve assembled our product on top of. We’re utilizing various Lego bricks of technology that are in the marketplace to assemble a very, very usable product.

SW: What are the particular advantages you offer brokers with your technology?

ML: There are different size broker shops, so for the smaller brokers, they don’t necessarily need to invest in their own technology to originate a loan. We provide the majority of the tools that they would need to prospect, whether that’s pricing engines, to be able to qualify and run eligibility on products, originating the file through our TPO portal and shuttling that loan to us. Deephaven’s operational staff is built specifically to be the one-stop shop for brokers. If the broker brings us a client, Deephaven gets the loan across the finish line in partnership with that broker.

SW: What kind of difference is AI making right now?

ML: AI is everywhere and everybody’s interacting with some component of AI every day, whether they know it or not. For example, all of our cybersecurity stack incorporates AI and machine models. All day, 24/7, across the board, in every facet of the network, there’s a portion of AI looking at something to find behaviors. So that’s an example of AI that’s completely behind the scenes.

On the front end, AI is deploying tools for our users. For example, if you have a year of bank statements to review — if you actually have PDF documents, or if you were to print it, they average hundreds of pages for a 12-month set of bank statements for a business. A human can review them, but it’s not time efficient. Our underwriters are best used for their expertise. They’re good at finding nuances, finding exceptions, making judgment calls. But behind the scenes, we let them train an AI model and machine learning model that says, okay, based on the inputs you give me, now we’ll let the system learn. And it becomes a training feedback loop.

If the human partner gives the AI good information, and teaches it, the AI, in turn, is going to make that human partner’s job easier. I think AI and machine learning and everything in that realm has tremendous potential, as long as it’s used ethically. It needs to benefit the employees, it needs to make people’s jobs easier, more repeatable, so we can use people for their expertise. We don’t need people doing manual menial tasks, we need people making judgment calls and making decisions.

And then for our clients and our customers: AI also has to be used fairly. You don’t want to just feed a bunch of data into a model, get the result and take it at face value. You want to interpret it and make sense of it. AI should be a tool to help get you somewhere faster, or double check your work or improve things. But you never want to rely solely on that for decisions, because you still have to be fair, equitable and do things in an in a transparent way.

SW: So your goal would not be to replace all of your humans with AI?

ML: No, it would be to use AI to do the tasks and activities that make our employees’ and partners’ lives and jobs more fulfilling.

SW: Where is technology helping you on cybersecurity?

ML: The technology helps us in every facet of it. There are so many endpoints — every single server, virtual machine, laptop, desktop, smartphone, every device that has the ability to connect or communicate with the internet is vulnerable. So we have to deploy tools on every endpoint, we have to collect telemetry from every endpoint, we have to aggregate all that telemetry and all that activity, and we have to make smart decisions as to what’s a true positive, what’s a false positive and what is just noise. And that’s probably the biggest area where the automation, the AI or machine learning, really helps. You have so much signal noise that you have to distill out the very specific signals that actually matter.

SW: Are you investing in technology in the midst of this slower market?

ML: The mortgage market has cooled with rates up, but for Deephaven and our non-QM products, and especially our DSCR product, there’s been an enormous uptick in volume. That’s a product tailored towards investors and there’s still a lot of investment activity in the market so that product has really taken off. So, volume has not necessarily ticked down for us, it’s just moved from one set of buckets into a different set of buckets.

To your question about technology, yes, we’ve been making enormous investments all year. And we’ll continue to do so. It’s streamlining. For the DSCR product, for example, we had to do a major revision of our workflows and processes to accommodate those products, make those products more efficient, because we know more of that volume would be coming through.

SW: Are there things that still defy automation or where tech doesn’t help as much as you might have thought when you got into the industry in 2007?

ML: In the broad sense of mortgage, tech has made enormous gains, especially in the agency and conventional space. The area where I thought we’d be further along is the consumer space, specifically, the back-end processes. Consumers will take an app online, a lot of them will e-sign documents, disclosures, they’ll upload documents electronically — they’ll even link their bank account. But we’re still not seeing as much adoption from the industry when it comes to closings. There’s still the traditional sit down at the table, and sign documents, which is due to a patchwork of different state laws and regulations. As a result, the post-closing processes are sometimes hindered, because those are still paper heavy processes on the back end.

If you knew at the inception of a loan process — from the very first interaction with a client or customer — that this could be a fully digital experience, that experience could be tailored one way. But if you don’t know if it can be fully digital or it might go down the conveyor belt only so far before it’s converted to non-digital — that’s where the some of the challenges lie.

SW: What keeps you up at night?

ML: The ever-changing landscape and how fast things accelerate. Anything that is true today is very likely to not be true tomorrow, and especially in the world of cybersecurity. It’s a complete arms race every day. For every advance in defensive techniques, defensive tooling, defensive products, there is probably three times as much investment in defeating those defenses.

And then on the mortgage technology side, it’s keeping up with products. What’s the next product? Did we make the right decision on where we put our resources, where we innovate? It’s a gamble. You don’t know, so we rely on capital markets and market research to advise us where things are going. The most important thing is anticipating the future and trying to make the right decisions now that are scalable for those future unknowns.

SW: Looking at the tech landscape, what makes you optimistic about the future?

ML: I think there’s still enormous demand for housing. There are also a lot of good things happening within the regulatory and lending environment on product mix and the way the agencies are adjusting to the new normal: the new makeup of families and what households are forming. I’m generally optimistic t



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