GENERAL INFORMATION: New Mexico Oklahoma Arkansas & Deferred Adjucations

3 Different States: 

all have their own way of handling a Deferred Felony

All these States have a Deferred Adjudication - type of law but they all call it something different.

In New Mexico, they use a term for their Deferred Felonies that I think describes the situation even better: Conditional Dismissal.

Oklahoma calls their deferred felony situation a similar name - a Deferred Sentence.


Arkansas is one of the few states to convict for a deferred felony then upon completion of the probation, they "un-convict" - they call this a First Offender Sentence.


The good news is that I have apartments in Houston, the DFW Metroplex, Austin and San Antonio that will work with your Deferred Felony, no matter where you "got it" and whatever it is called.


John

GENERAL INFORMATION: Sneaking Around - A Rotten Way To Live

Do you have to be "on the lookout" for the Apartment Staff?

So many of my clients have rented under someone else's name in the past or have lived at their boyfriend's or girlfriend's apartment without being on the lease.

They tell me they do this to get around a broken lease, an eviction, or a criminal conviction.  In MOST cases, they really don't have to do this.  There is a place for them; they just don't know it.

Today, I found that I was dealing with a guy who had a deferred adjudication for a felony (robbery) and a girl who had an eviction.

I didn't know they wanted to live together - they weren't being completely honest with me.  The solution was 2 places in the area that they wanted to live and at a price range they could afford. 

Actually, in most cases, the eviction causes more problems than a Deferred Felony (or as Texas calls it - a Deferred Adjudication for a Felony). She will have to make payment arraignments before she can be accepted.

Just be honest with me. And let's stop the sneaking around. You don't have to do it - it can't be fun!

GENERAL INFORMATION: Summer Moving Season is Upon Us

The Summer Is Almost Here - Leasing Season Has Begun

I called a complex today that doesn't have a thing until mid-June. That does 2 things to potential tenants:

1. Reduces the selection of available apartments AND drives up the price of the apartments that will open up

2. Makes everyone move in the heat of the Summer.  

I don't know which is worse.  But I do know this, make up your mind quickly because the selection is decreasing every day you wait.

GENERAL INFORMATION: The Street Sign Said "Second Chance Leasing" . What's That?

Does 2nd Chance Leasing apply to Criminal Convictions?

Hi, 2nd Chance leasing does not refer to Criminal Background.  It refers to Broken Leases and Evictions. Usually a place will consider some broken leases and evictions in tough times, like those we are facing today, to give folks a chance. They usually just charge a higher deposit (sometimes the deposit is non-refundable and they actually take out insurance with the funds).

I wish it would refer to a criminal background.  But don't lose hope.  If a place can't fill up their occupancy will 2nd Chance leasing, I have often see them ease their criminal policy -- at first they usually add Deferred Adjudications or lower the number of years they look back.

GENERAL INFORMATION: Biggest Myth in finding Felony Apartments

There is NO SUCH THING as an Apartment for All Felons

I get one or two line e-mails all the time asking me to send a list of apartments in an area of town that will rent to felons.

It doesn't work that way.

Apartments have rules, even the ones that rent to felons have rules. The rules are usually by "crime and time". In other words, they have rules based on the type of felony and how long it has been since either the commission of the crime or date of conviction before they will take a felon.

If you have a sexual felony - forget about it. If you have a violent felony, there will be few choices. Same with a manufacturing or delivery felony. If you felony was 2 years ago, there will be fewer choices than if it was 12 years ago or 8 years ago.

Crime and Time is the rule. 

GENERAL INFORMATION: You deserve a Home: That's why I don't accept the first NO

My clients deserve housing and my calling is to serve them

This doesn't mean I will do anything unethical but it does mean that if I understand an apartment to have a policy then I won't accept a no from a leasing agent as a "final no".


One thing that frustrates me is the general lack of training of many, not all, but many of the leasing agents. I bet only 25% can articulate what a Deferred Adjudication for a felony is...and with the managers and assistant managers it is probably about 75%. Many of the complexes don't do the job they should in training people about misdemeanors, classes of misdemeanors, felonies, deferred adjudications and the other terms that will come up in day to day dealings with the public.


Have I been told NO by a leasing agent only to have a manager correct the statement? All the time. I have had leasing agents tell me "they don't accept felonies" when they take Felony 3 (but not Felony 1 or Felony 2). I have had people tell me they don't take felonies when they mean they don't take MOST felonies but they will accept a hot check felony or a DWI felony. I've had people tell me NO because they didn't want to be bothered.


One of the reasons I am successful at a tough job is I call back and speak to Assistant Managers and Managers. I am polite but I do not accept a first NO for an answer.

That isn't me.

GENERAL INFORMATION: Deferred Adjudication called different things in different states

Do other states have different "criminal terms"

They sure do...different classes of felonies, different terms, different everything.

I became aware that the only "standard" is that people are confused by the experience and how their attorney or Public Defender explained the charges. 

Other than the charges, here are some differences you need to be aware of:

3 Classes of felonies is the standard in Texas, some states have more classes.

Texas labels their misdemeanors A, B, C, but some states have numbered classes that can go up to 7 or more levels.

Some States have a category called Deferred Adjudication; Some call it a first offender status, others Conditional Dismissal.  They all have a different impact although they are similar in their aim.

Some states automatically seal deferred records once the offender completes probation - others only do if you pay an attorney to do it.

Some laws, which are misdemeanors in some states are considered felonies in others.  Example: a bad check in Arkansas for $258 will result in a Felony in Arkansas but only a misdemeanor in Texas.

I'm not an attorney, if you have specific questions about finding an apartment in DFW, Houston, San Antonio, or Austin - call me.  If you have a legal question, call an attorney.

GENERAL INFORMATION: What - my arrest is not on the state database

You can't find my arrest or conviction - WHY?

If I can't find your arrest and/or conviction record, it is USUALLY one of four reasons:

1. It was a Federal crime and not a state crime
2. It wasn't an arrest - maybe you turned yourself in
3. Perhaps the conviction was sealed (some states, unlike Texas, have a category like Deferred Adjudication or Conditional Dismissal, where          charges are sealed after the probation)
4. Different name or date of birth recorded

Does that mean you don't need to be worried - NO, it means that I can only go by your recollection of the event. I can't provide guidance. 

But it doesn't mean I can't help you.  It just means we may have additional options.

GENERAL INFORMATION: Two Very Special Leasing Agents

Sometimes the very act of 
trying to HELP 
is all you can do

I'm not successful in placing 100% of my clients - no one is.  I know Leasing Agents that try their best to get client's approved and I always appreciate their efforts, even if they can't place my client.

That is, to me, what makes an outstanding Leasing Agent - and an outstanding person.  One who tries to help - one that will take the extra step to get someone approved, even after they have been turned down.

This month I have 2 leasing agents (for the same company but different properties) who took issues forward to get a "second look" on a rejection, one was successful and one was not.  But they both TRIED and are both super leasing agents in my book.

I consider myself lucky to know them both.

GENERAL INFORMATION: Apartment Manager of the Year - 2009

Never Met Cody, in person, but Her Attitude ROCKS!

I spend a lot of time on the phone. At least 6 hours a day. In fact, so much I wear a headset for 12 hours each day.

In a typical day I might talk to 12 to 15 clients and at least that number of leasing professionals.

So was Cody my number one manager - YES in so many ways.  In terms of sales - No. 

The reason for this award is to recognize the apartment manager who should typify the norm in the residential housing industry - IN MY OPINION.  

What does Cody win?  Nothing, but she knows she made a difference in someones live. And their kids.

You see Cody has the "secret" in working with clients and apartment locator's. She takes the stance that she is in the RENTAL BUSINESS and she looks for reasons to say YES, not reasons to say NO.

Is this like calling the glass half-full instead of half-empty?  I don't think so. I think it is about trying to make sure that she serves her employer, her residents, and her potential residents in making sound business decisions.

Did she turn me down on some clients?  Yes, but she always told me a business reason, that was well thought out, and it was expressed sincerely.

You can't argue with that.

So for all the Cody's out there, I salute you.  And for you that aren't, I hope in 2010 you display more of her attributes.

She is a winner.