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All Forum Posts by: Brendan M Loftus

Brendan M Loftus has started 4 posts and replied 14 times.

Post: Negligence or Scam: Atlanta AHA (section 8) Rental

Brendan M LoftusPosted
  • Investor
  • Los Angeles, CA
  • Posts 14
  • Votes 4
Quote from @Rick Baggenstoss:

You only need to pay back the portion the tenant overpaid to you.  Former owner will need to pay back his overpayments.  You do have recourse, but it's probably expensive.  Try going to the closing attorney who was responsible for splitting up the taxes, rents, security deposits, etc.  He/She can follow up for you.


 Thanks Rick!

Post: Potential Section 8 Fraud: Seeking Resolution

Brendan M LoftusPosted
  • Investor
  • Los Angeles, CA
  • Posts 14
  • Votes 4
Quote from @Greg M.:

Response to each of your steps:

1) The AHA likely learned of this overcharge from the tenant. It's super common for the tenants to agree to pay above what is allowed and then screw the landlord over when they plan on leaving or if there is a dispute. I'm not saying you should retaliate against the tenant as that would likely be illegal, but perhaps they have to move because you remove the unit from the S8 program. 

2) You're going to have a hard time going after the seller. It's been two years, they could fake ignorance of their mistake, and you're in another state. You can have a lawyer send a letter and see how willing the seller is to make you go away. Perhaps they throw some cash your way. However, I suspect you're going to spend more time and money on this while having no guarantee of a win. What you can do is inform the AHA that the prior landlord was overcharging the tenant and they will make him pay back the tenant also. It's petty, but might make you feel better.

3) Did the PM set the rate or just continue at the rate told to them. Unless they set the rate with the tenant, I don't see how this is their problem. While you could argue that they should have confirmed the rate was valid, it's just as true that they had no reason to question the rate that was given to them.

4) And learn that people who live off the government tit rarely care about "wealthy landlords" like you. The story of the overpaying S8 renter who gets all their overpayments back is told so frequently that you'd have to be a fool to ever consider doing this. 


 Thanks Greg for your response.

1. My #1 goal is to make things right with the tenant and once I have the full details I will repay whatever amount is owed to the tenant.

2. This is helpful. Thank you.

3. I don't want to shift the blame towards my PM. However, they onboarded the property via the housing authority portal and there had been one lease renewal. I would have expected them to review the HAP agreement. I am following up to better understand their process and whether this should have been caught earlier. 

4. I am glad the overpayment was identified. Again, I was unaware the tenant was overpaying until a couple weeks ago.  

Post: Potential Section 8 Fraud: Seeking Resolution

Brendan M LoftusPosted
  • Investor
  • Los Angeles, CA
  • Posts 14
  • Votes 4
Quote from @Greg Scott:

I'd look into this a bit more.

While most had 100% of rent covered by Section 8, I've had plenty of Section 8 residents where the housing authority only covers part of their rent.  We had one resident that was getting something silly-small like $100 per month towards rent. 

I remember one specific case where we wanted to raise rents in one unit $300/mo to catch up to current market rents.  In that unit our resident was already paying about 20% of the rent -- above what Section 8 paid.  We reached out to the Section 8 authority and they said they would approve a $200 increase and wouldn't budget above that number.   They said it was fine for us to raise the rent $300, which would mean the resident's portion would increase $100.  We asked if we only raised the rent $200, would that change what Section 8 paid us and the answer was "no".  So, we only raised her rent $200 and her out of pocket didn't change.  She continued to pay a small amount over and above what Section 8 paid.

Unless your contract says that $1,350 is the maximum you can charge for rent, you may be fine.


 Hi Greg - thanks for your insight. The tenant was most certainly being overcharged. The details should be settled in the next few days but comments like yours have been very helpful.

Post: Potential Section 8 Fraud: Seeking Resolution

Brendan M LoftusPosted
  • Investor
  • Los Angeles, CA
  • Posts 14
  • Votes 4

Hi All,

I purchased a house in Atlanta back in early 2021 and I took on the current tenant who was with the section 8 program. The seller informed me the monthly rent was $1,550 including the tenant and city payments. This was also the amount stipulated in the lease, however I failed to review the HAP agreement as I was newer to RE investing at this time. I handed the property over to my PM, however, the Atlanta Housing Authority (AHA) recently informed my PM the portion of rent being charged to the tenant was significantly overstated. In other words, the seller was overcharging the tenant by about $200/month, which the housing authority didn't agree to and as a result, I will have to credit back the tenant about ~$4.5k from the last two years.

I understand it is my responsibility as a buyer to conduct my own due diligence, for which I take full responsibility not verifying the stated rent via the HAP agreement. However, I believe I was mislead by the seller who sold me a property with a higher monthly rent than what should have been.  My understanding is this is a federal crime to illegally charge the tenant more than the agreement with the housing authority. 

I am seeking resolution and would appreciate any input from the BP community. I will be taking the following steps:

1. Repay the tenant 100% of the amount she was overcharged.

2. Contact the seller. Seek full or partial recourse.

3. Seek resolution with my property manager. They are working with the city to correct the rent amount. However, I am upset they did not identify this sooner. I will request a copy of their errors & omissions policy. 

4. Learn from my mistakes and conduct better diligence going forward.

Any insight is appreciated. Thank you.

Post: Negligence or Scam: Atlanta AHA (section 8) Rental

Brendan M LoftusPosted
  • Investor
  • Los Angeles, CA
  • Posts 14
  • Votes 4
Quote from @Rick Baggenstoss:

You should pay it back.  Take the time to sign into the AHA owner's portal.  You could have seen this coming at least a year ago.  

I'm sure you're rents are gonna jump.  Learn how to work with AHA (or have a manager who does it for you) including rent increases.


 Hi Rick - I will pay back 100% to the tenant. I am working with my property manager on the resolution. I am not happy my PM or myself did not catch this. My question now is if I have any recourse from the individual I purchased the property from. My understanding is this is a federal crime to overcharge the tenant rent portion. I will certainly report the seller to the city.

Post: Negligence or Scam: Atlanta AHA (section 8) Rental

Brendan M LoftusPosted
  • Investor
  • Los Angeles, CA
  • Posts 14
  • Votes 4
Quote from @Rick Baggenstoss:

There are some pieces missing from this story.  AHA determines the rent each year.  The tenant sometimes is responsible for a portion of the rent which is collected by the landlord.  The AHA portion comes directly from them.  

If they determined the tenant owes $100 per month, and you collected $100 per month. Two years later, you're saying the tenant should not have been paying $100 towards rent.  That also means AHA should have paid $100 more per month -- $0 impact to you.

You may also be stating that the seller told you to charge the tenant, $100 per month, over and above the agreed upon rent.  In other words, AHA didn't agree to this and is now forcing you to repay the rent.  

Can you clarify?  


 Hi Rick, the latter is correct. The AHA didn't agree to what the seller told me to charge the tenant and is now forcing me to repay the excess rent charged for the last two years. Any advice you have would be appreciated. 

Best,

Brendan

Post: Negligence or Scam: Atlanta AHA (section 8) Rental

Brendan M LoftusPosted
  • Investor
  • Los Angeles, CA
  • Posts 14
  • Votes 4

Hi All,

I purchased a house in Atlanta back in early 2021 and I took on the current tenant who was with the section 8 program. One of the reasons I kept the tenant was because the seller advertised she was paying $1,550 monthly rent. This has been the case for the last two years, however, the Atlanta Housing Authority (AHA) recently informed me the portion of rent being charged to the tenant was significantly overstated. As a result, I will have to credit back the tenant about ~$4k from the last two years.

For those with legal experience, is this simply negligence or was I deceived by the seller? I understand it is my responsibility as a buyer to conduct my own due diligence, however it is often times difficult to confirm figures with the city, who tends to be slow to respond, when under a tight close. 

Any insight would be appreciated.

Post: First Time Palos Verdes Flip - Any Advice?

Brendan M LoftusPosted
  • Investor
  • Los Angeles, CA
  • Posts 14
  • Votes 4

Hi Nicole! No updates to report! I've been respectful of the family's timeline while remaining persistent!

Post: First Time Palos Verdes Flip - Any Advice?

Brendan M LoftusPosted
  • Investor
  • Los Angeles, CA
  • Posts 14
  • Votes 4
Thanks for the input - I agree, RPV is incredible!

Originally posted by @RD Delgado:

Brendan,

 I'm happy you're taking the initiative to make the most of what sounds like an incredible opportunity.  RPV has always been a hidden gem, not just in the South Bay, but in all of LA.  

Post: First Time Palos Verdes Flip - Any Advice?

Brendan M LoftusPosted
  • Investor
  • Los Angeles, CA
  • Posts 14
  • Votes 4

Hi All,

Here's a brief summary of a flip deal I'm looking at (off market). A close friend has offered for me to buy their family home located in Rolling Hills Estates. The home is about 2,500 sq ft and sits on a +3/4 acre lot. The home hasn't been taken care of and needs a LOT of work including major systems replacement, roof replacement, landscaping, kitchens & baths, the works, etc.

In general, I am looking to connect with investors who know this market. Any color on the below items would also be helpful:

-This is a relatively large deal for me so I'm partnering with my friend. Any advice on structuring the partnership? We expect to take out a joint loan and fund the rehab with cash.

-We are also considering ways to incentivize our contractor. Does anyone have experience structuring deals that compensate contractors on the back end or know of other creative ways to incentive contractors?

-Does anyone have experience working with the Rolling Hills HOA? This is something I am looking into.

-Are there any other nuances around investing in Rolling Hills / Palos verdes? I am based in Manhattan Beach and don't know the market as well. Has Palos Verdes become a more attractive place to live during the pandemic?

Thanks in advance and I appreciate any help. Would be great to connect if you invest in PV.

Best,

Brendan