eSchnitzer

 The House of Representatives recently passed energy and climate legislation that would include a number of provisions for green building incentives. The Waxman-Markey bill, otherwise known as the American Clean Energy and Security Act of 2009 (H.R. 2454), would include such things as:

-A building retrofit program, which would include standards for both residential and nonresidential buildings;
-A building energy performance labeling program, which would encourage both owners and occupants to learn about building energy performance;
-Established percentage targets for energy use reductions in new residential and commercial buildings;
-The GREEN (Green Resources for Energy Efficient Neighborhoods) Act, which includes provisions related to residential energy efficiency.

For a detailed summary of the legislation, as established by the USGBC, click here.

NMHC has analyzed the apartment-related provisions in the bill, noting “unrealistic code mandates,” “federal cause of action against property owners,” ‘building energy usage labeling requirements,” and “renewable energy requirements” as just some of the potential problems multifamily firms could face if the bill is passed into law.

In the analysis, NMHC points out, “code-based conservation proposals put extreme pressure on apartment firms to invest in expensive upgrades without significantly improving overall building energy performance.” As the Council observes, most of the energy used in multi-housing is not covered by the legislation, so meeting the levels would require not only upgrades to the building envelope and HVAC systems but also lighting, appliances, etc.

Click here for NMHC’s full analysis.

What do you think? Does this appear to be a “one size fits all” legislation that, once again, does not take multifamily buildings into account as a special case? Or is it a start in the right direction?

Share your thoughts. Email me at Erika.Schnitzer@nielsen.com.

 With gas prices steadily on the rise once again, developers and architects alike are looking more closely at alternatives to new construction in the suburbs. The antidote to sprawl, urban infill development has served as a catalyst for the urban revitalization process nationwide.

Part of this process involves a closer examination of transit-oriented development. While the easy solution would be to simply place housing near public transportation, many urban areas are lacking in resources and funds. Around the country, the industry is asking how the market will affect the creation of new transit options that are meant to enable further transit-oriented development.

Also garnering interest is the adaptive reuse of existing—sometimes even historic—buildings from commercial to residential. Such projects are just one more example of building greener; as Patrick Turner, the developer of Silo Point in Baltimore, notes, adaptive reuse projects are often greener than the greenest of new projects, as reusing an existing building is inherently environmentally friendly. But these projects tend to come with their own set of challenges, often forcing project teams to weigh the costs against the benefits.

Take, for example, Turner’s project—an old grain elevator that was converted into a mixed-use community with 228 luxury condos. The development team not only had to convince the city to rezone the site so it could be converted into a residential use, but they also had to deal with myriad physical constraints associated with the old industrial site. (Click here for MHN’s article)

With similar challenges a concern in other adaptive reuse developments, how will the credit crisis even further impact multi-housing and mixed-use projects on the boards?

At Multi-Housing World, join a panel of architects, including Rick Hammann, managing principal of WDG Architecture; Mark Humphreys, CEO of Humphreys & Partners Architects LP; and Randy Gerner, principal at GKV Architects PC, for a discussion of the future of urban infill.

In a session entitled, “Repurposing the Urban Landscape: Infill Case Studies,” the panel will discuss where the upcoming opportunities are, how you can tap into public/private partnerships, and what the hottest design trends are that can help urban infill projects blend into the existing urban fabric while also ensuring maximum lease-ups

And don’t forget—you can earn one AIA HSW/SD credit by attending this course.

See you in San Diego, September 29-October 1!

Click here to see the full Multi-Housing World 2009 Leadership Summit conference schedule. Registration is now open.

(Erika Schnitzer is Associate Editor at Multi-Housing News. She can be reached at Erika.Schnitzer@nielsen.com)

 

The next time you’re in Phoenix, I highly recommend taking a ride on the newly opened light rail. Whether your niche involves marketing apartment communities, financing them or building them (or, like me, reporting on them) I’d say checking out public transportation options from time to time is a no-brainer. It’s interesting to see the backbone of future transit-oriented development in action.

I didn’t intend to research the Metro Light Rail ($2.50 for a day pass) while in Phoenix for the NAA’s green conference, but it turned out that my hotel was much closer to the airport than to downtown. Also, I thought the train would save me lots of time—it did, but first I had to get myself to the light rail. This meant catching a ride with the hotel shuttle, and aligning myself to its schedule.

Needless to say, I just took an expensive taxi back from the convention center that evening. As the Urban Land Institute points out in its “10 principles for Successful Development Around Transit,” TOD is a great idea, but it can be challenging to get people to ride transit.

Overall, my experience drove home the reality that while some cities are made for driving, it’s also true that many more of us could develop an appetite for public transportation if it’s fast, inexpensive, and stops at ALL the places we need to go.

The Metro Light Rail describes itself as “a great way to get to work, school, shopping and events in Phoenix, Tempe and Mesa.”

The city of Phoenix has initiated a Station Area Planning Program in support of transit-oriented development (TOD) around light rail stations. Local residents, business owners, and community groups are encouraged to improve the connectivity of their neighborhood’s light rail system by becoming involved. They’ve been invited to submit plans to identify opportunities for new development.

However, as Eugene Gilligan, senior editor, Commercial Property News, reports, “In the near term, development along the light rail corridor is likely to be subdued due to the credit crisis and the economic recession. But there’s a silver lining. The slowdown in the development cycle,” will mean more time that can be used for planning purposes. Click here to read his story, “As Phoenix Light Rail Debuts, Will T.O.D. Get on Track?”

(Diana Mosher is Editor in Chief of MHN. You can contact her at Diana.Mosher@nielsen.com).


Jack Kern
There is a distinction in examining renter trends that often gets overlooked. One of the smartest guys in this business is a research guru at a large owner, who bristles at the idea that there are "shadow markets." In conversations about rental markets, and rightly so, I believe, the point is made that in most metropolitan areas, there have always been renters in a wide variety of housing types and that no one is hiding in the shadows, even though that term has gained great popularity.

A leading expert in monitoring markets nationally, Greg Willett, MPF wunderkind and the sultan of statistics, observed recently that these shadow markets are showing up now in lots of places, as full competition to professionally managed apartment units. In the past, Greg would have told you it wasn't much of a factor, but now perhaps they're making great inroads as rental alternatives. The current pricing of these alternatives is a drag on professionally priced rents and the individual owners are beginning to make their presence felt. While they may not be good at delivering service, the greatly reduced rates more than compensate for the lack of amenities and sometime location challenges.

Historically, individually owned rental units rarely raise rents and operate in a somewhat irrational way. It is unlikely, based on behavioral finance studies, that these owners will change over time by very much. As the available inventory of these alternatives has skyrocketed, professionally managed ownership has to get better at luring that elusive renter.

The levels of traffic in most properties is reportedly down, sufficiently lower that the weakness isn't just attributable to seasonality, but to real softness in demand. The watch word for the present is management, but for those of us around in the developer fee fueled 1980s, it's certainly a contrast to prior periods. In most markets nationally, the long wait for Gen Y to come riding into town to rent vacant luxury units has proven to be painful. With little economic vibrancy, and lots of layoffs,  miscalculated employment growth and the instability in the industrial base, now is actually a better time to be a renter than an apartment owner.

While this trend is expected to be relatively short lived, the fact remains that treating residents well, and getting renewals down systematically is one of the keys to future net operating income. Expect major owners to report weakness and challenged earnings until the Fed policy response to the housing debacle begins to take hold. In the meantime, hopefully the Apartment Whisperer will be able to work hard to coax people out of the shadow inventory and into professionally managed buildings. As they said, "you got to treat them real nice and then they'll come to you."

KeatFoong
By Keat Foong, Executive Editor

When reporting on multifamily finance in the 2000s, I came across a common refrain from desperate mortgage bankers again and again: “There is a surplus of money chasing a limited amount of product.” This intensely competitive environment—for lenders, that is—went on for years, seemingly never ending. But the capital “surplus” environment did come to an end.

What Sam Chandan, chief economist of Reis, said recently at the company’s third quarter briefing throws light on the situation. He cited an essay about banking crises. Such a crisis happened, famously, in Japan in the 1980s. The cycle begins thus: There is some sort of initial loosening of credit in the economy. The subsequent great abundance of credit brings about a real estate bubble. Eventually, that bubble bursts and asset prices deflate. The banks' asset values also fall, they cannot lend as much, and a recession occurs.

Indeed, there was much abundance of capital in the multifamily sector during that period, and it was driven in large part by CMBS financing. The point is that multifamily asset values may also have been pushed up by the great availability of credit. There was much talk then of cap rates being squeezed down to ridiculous levels by highly leveraged buyers. The question is, was there also a bubble in multifamily asset prices, and if so, what was the magnitude?

This issue’s report “Apartment Property Prices Have Fallen by 17% Since Last Year” suggests that the numbers at least do not show severe distress yet. Prices per unit/square foot for apartments in the third quarter of 2008 was 17 percent below its peak in the third quarter of 2007, according to Reis. Chandan says that transaction cap rates for apartments in the third quarter have increased by just under 40 basis points, to 5.7 percent. Apartment cap rates had hit a low of 5.4 percent, in the third quarter of 2007. That is the latest report.

Jack Kern
"There's something happening here
What it is ain't exactly clear"
© Buffalo Springfield

The recent employment situation report from the Bureau of Labor Statistics released today show a decline in payroll employment of over 530,000 jobs in November, the ugliest report since 1974. Major revisions to earlier releases including September and October suggest that in the past three months combined, the U.S. has lost 1.256 million jobs. The unemployment rate increased to a staggering 6.7%. According to some analysis of the Mortgage Bankers Association data, about 10% of all U.S. households are in default in one way or another on their mortgages. With home sales at their lowest levels and car sales almost non-existent, the economy is clearly in the midst of a recession. Even oil prices have declined from the shocks of over $140 per barrel to a more understandable $41.65 per barrel. While that might drive OPEC nuts, it is good news for tightly strapped American consumers. It might even help the auto makers a bit, but not enough to get a bailout.

Is all of this the good news?

I'm not a fan of economic disruption and failing Fed policies but something amazing happens once everyone starts to recognize the calamity that is our current economy. We're now finally far enough into the NBER definition of a recession, for almost a year now, that reality has taken hold and now the necessary adjustments in the workforce, the economy and the industrial base can take effect. For the longest time, we've been staring down the barrel of an impending slowdown, snug in the belief that somehow we were going to avoid taking a hit. The shared common view that we were going to have a shallow recession has given way to the expectation that we're looking at a long, defined trough. I share that view.

My forecast for you is complicated by the lack of public policy from the new administration, so piecing this together as best I can, let's examine a couple of key points. First, with respect to unemployment, the true unemployment rate is actually 19.3%, not 6.7% and the reason is that the way the Household Survey works doesn't provide an accurate view of the total workforce. This much larger number is simply indicative of the greater number of people who want jobs that can't get them, and counted among these are future renters, recently minted MBA graduates and many Gen Y members not in the workforce yet. Additionally, the vast number of unemployed lost positions due to mergers, function dissolution and industry disruption. Let's keep these numbers in mind for a moment and go on to services employment.

Construction, retail, financial, professional and business, leisure and hospitality services lost 417,000 jobs. Of these, I estimate that approximately
340,000 are normal, not seasonal or temporary positions. Out of the total, perhaps half of them are current or prospective renters, based on ages, income and probable seniority, so if we count about 170,000 lost as renters, we can begin to see why absorption and site traffic is down so much, way above what would be expected for this time of year.

Where does that leave us?

We're looking at home prices continuing to decline for another year, probably bottoming out in September or October of 2009. We're looking at unstable consumer confidence as the new administration takes over and tries to work out coherent policies. We're expecting that the bulk of the recession based stresses will take approximately 3 to 5 years to be worked out, with the more positive indicators appearing in early 2010 (probably around the week of March 21st) and lastly, we're expecting to see foreclosures, house price failures and slow employment to accelerate for about 4-6 months before it gets better. Work outs take time, and as the employment base is re-engineered for the future, U.S. global competitiveness will increase and jobs will come back.

Certainly the press coverage of the housing crisis, the auto manufacturing debacle and mortgage madness (the Treasury Department wants to see 4.5% mortgages for new purchasers) isn't helping.

Did anyone notice that Bob Nardelli, CEO of Chrysler, was formerly with Home Depot? Hammers, aisle 2, Hemis, aisle 3?

Based on my viewing commentary on Fox News recently:

"Paranoia strikes deep
Into your life it will creep
It starts when you're always afraid
You step out of line, the man come and take you away"
©Buffalo Springfield

 

TeresaHein
With so many companies now cutting back on holiday celebrations, this could be the season when property managers can really make a difference in their residents’ lives as well as in their communities. Simple opportunities for get-togethers may now be appreciated more than in previous years when budgets were more lavish. Perhaps the time is right for a return to basics, like a homemade cookie exchange or carol singing. This is the time of year that people especially value warm greetings and times together. They're a welcome antidote to the worrisome headlines of daily news reports..

And with reduced corporate support, many charities are feeling more of a pinch in carrying out their mission. Maybe you could organize residents to help fill in those funding gaps. Or better yet, announce that in January, after the holiday hubbub has dissipated but the needs for philanthropy are even greater, your community will carry on the spirit of the season with an initiative that’s to be determined. There’s no reason that generosity should end with the twelve days of Christmas.

Remember, the gift of time costs the least and is worth the most. It’s presence—not presents—that matters most in the end.

What are you doing this year to mark the holidays at your communities? What activities are most popular with your residents? Please email me (thein@multi-housingnews.com) about what your company is doing during these challenging times.

Jack Kern
Are we bailing on the automakers? Any astute observer of the auto industry will tell you that there is pretty direct correlation between auto sales and housing starts. It's likely that the home equity mortgage withdrawal from the wealth effect is part of the cause, but more importantly the auto industry has created millions of jobs and helped to create the middle class. Taking a moment to look at the history of the industy, since the 1950s, the unions have held an iron grip on labor negotiations, forcing the big 5, now the big 2 (you gotta wonder about Chrysler) to pay ever rising costs in salary, benefits and union dues. In what is the essence of intermediation, the foreign car makers figured out how to build better, more reliable cars and that was the beginning of the end of business as usual for the U.S. car business. There is a long history of how Japan, after World War 2 and W. Edwards Deming helped to transform the island nation into a world manufacturing power and now the U.S. auto industry is struggling to catch up.

Should taxpayers be responsible for giving the excesses of the industry a pass in order to keep jobs and economies in the midwest from further decline?

I think the Congress ought to hold the industry accountable for past failings and make them demonstrate what they're doing to stay competitive. It should mean, selling corporate jets, closing plants, reducing the number of low selling brands, dramatically restructuring the benefits going to retirees and autoworkers and facing down the unions. I don't think bankcruptcy for all of them is out of the question either. A major fiscally responsible re-organization is about the only strategy that will save them long term. The use of tax dollars to help an inefficient industry, especially one that cannot effectively compete against better built cars from Japan, is not in the best interests of the American people. There isn't as much of a distinction anymore when you look at the content either. The components that make up cars are sourced all over the world, and over 70% of the cars are all built with the same parts. The difference is the assembly and tooling.

In the end. U.S. auto manufacturing is an important and meaningful part of the U.S. economy and a critical strategic resource what cannot be allowed to disappear. The Congress needs to put any stimulus package involving automakers on a par with the strictest regimen for future survivability, with meaningful benchmarks and a long term option in shares for the taxpayer, so the credit lines are fully secured.

International trade has blurred the lines between what is an American car and a foreign car, terms not typically used much these days. In a global economy, with foreign cars assembled in U.S. plants in Ohio and Kentucky, we don't want to send the wrong message to the other nations, that direct foreign investment isn't welcome here, and that's the hard part of the balance Congress faces. We can only hope that the car companies will ultimately learn their lesson and bring out best in class, energy efficient vehicles consumers want to buy.

Jack Kern
According to RealtyTrac and some other sources tracking foreclosure activity, approximately 280,000 foreclosure filings occurred in October, up about 5% from the prior month, but up almost 25% year over year. Foreclosures were probably accelerating at a more rapid pace than these numbers might suggest because many states enacted measures to slow or change the process, thereby skewing the resulting counts. To give you an example, those fun loving legislators in Colorado lengthened the process from 45-60 days to 110-125 days, and New York, historically not a huge foreclosure problem compared to other states, now requires that subprime mortgagees be given 90 days notice in advance of initiating a foreclosure action. I can only imagine the confusion that one is going to cause.

In Massachusetts, homeowners, (and presumably everyone else) get a 90 day right to correct letter before the foreclosure filings fly and in Maryland, a 45 day notice period is now in effect. This essentially guarantees that what was, for the most part, an orderly process is now so state and federally regulated that it will be hard to judge what the future holds.

Now there's a challenge for you. So let me take a shot at this.

In the beginning, foreclosures ticked up because the speculator/investors were simply walking away from deals they couldn't flip, and the financing was never going to be make sense if the properties were rented out.

Next, homeowners who had mortgage resets and changes in interest rate terms (negative amortization in the mix) found that they simply couldn't make the terms work and so they left after the foreclosure process was completed and the home changed hands.

Now, we're probably seeing a mix of phenomena, where people who have mortgage balances that exceed their primary residence's investment value by a wide margin are just walking away from their mortgages and in some instances, before their credit gets nicked, buying a similar, but much less expensive house in the same neighborhood. In other instances, as a practical consideration they do leave and rent too.

With the Feds now allowing a grace period of sorts and the states slowly enacting these notice provisions, we now have state sponsored free rent. And that bothers me. There are many instances where someone who owned a residence rented it out and pocketed the revenue, without passing along the payments to the mortgage holder. They then used these funds for other purposes, including buying another residence. Allowing this additional time period isn't going to make the problem any easier. We now have banks that want to, despite protestations to the contrary, just write down the loans, take the house and get it off their books. This additional time period has a real cost to it, reduces the anticipated future value of the MBS stack and makes the process more uncertain than ever.

I'm all for helping people, but honestly, people heading towards foreclosure knew it far enough in advance that giving them additional notice is cruel and provides false hope. Let's work to accelerate these foreclosures and just get through it, so that 2009 and 2010 can be better years for the industry.

KeatFoong
The apartment sector had been holding out relatively well compared to other industries, but it too will succumb to the massive loss of jobs that is expected to accelerate as we go into 2009.

Through the third quarter, the national apartment vacancy rate according to the Census Bureau was 10.7 percent, only 0.3 percent higher compared to the same period a year ago and still below the level in 2003-04, reported the National Multi Housing Council (NMHC). And rents continued to rise through September, albeit at a slower rate and less than the rate of inflation.

The apartment fundamentals however, are expected to have deteriorated substantially since October and into November—which are yet to be reported on.

Some third quarter measures had already showed signs of that. NMHC’s third quarter Market Tightness Index, which measures changes in occupancy rates and rents, fell from 40 in the second quarter to 24. The survey showed that only less than one-third of respondents reported unchanged market conditions—compared to about half in the previous quarter who said conditions were unchanged.

And things are eviscerated on the financing end, portending deep trouble on future new projects spending. NMHC’s Equity Financing Index dropped to 4—out of 100—and the debt financing index fell to a record low of 4.

“We’re guarded about the outlook for 2009. We think it’s going to be tough. It looks like we’re in a recession and it could be a tough one,” Mark Obrinky, chief economist at NMHC, told MHN.

President-elect Barack Obama’s calls for an economic stimulus program to create jobs and his introduction of his economic team this week, as well as the government’s announcement of a $800 billion to aid the consumer credit industries, all appear reassuring. Down the line, we will address the question, ‘how bad can it get for apartment fundamentals?’ Meanwhile, have a Happy Thanksgiving.

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