Perhaps you inherited property or purchased property as a new investment and now you are contemplating becoming a landlord. If you decide to rent an extra piece of property, you should know some ground rules. In this months article, 'How to be a Good Landlord,' we will discuss some of the basics that every landlord should know. We will discuss what it takes to be a landlord, what makes a good rental property, what are your responsibilities as a landlord, how to advertise your property, how to avoid legal pitfalls and how to evict a tenant if the relationship deteriorates. Overall, this is a short list, hopefully it will help you start with a little more direction and know-how.

Do you have what it takes to be a landlord?

The decision to become a landlord should not be taken lightly. Contrary to popular belief, this is not the type of job where you just sit back and watch the cash flow in. Regardless of the challenges, more than half of landlords are self-employed. Doing it yourself will mean you take on the responsibilities of a small business owner. You need to have great communication skills. You will be working with all types of people; sometimes even the difficult ones. Being an effective communicator in person and in writing is vital. You are an accountant. This includes everything from rent payments and deposits to repair and maintenance costs. You are a manager. You may have staff to train and watch over. Their professional behavior reflects upon you and your property. If they are inconsistent with your policies they can damage your business or even get you into legal trouble. You may also need to contract repair or maintenance jobs you cannot complete on your own. You will need to project manage these items through to completion. You are a marketing director. Getting your place advertised and your units filled is an ongoing challenge. Advertising also includes many legal regulations that you should know (more on this below). Your knowledge of this business should also include legal knowledge. Consulting a lawyer is recommended for anyone starting as a landlord, especially since every state has specialized landlord/tenant laws. But in addition to this, you will be responsible in making sure any staff or contractors you use also know the laws when working with tenants. You should be dedicated and patient. Being a landlord is a tough road to start. You should be prepared for hard work with a slow, trickle-in type of income, especially at the beginning. On average, a landlord should only expect about a 10% profit annually. The rest of the monies will be recycled into items such as mortgage payments, taxes, repairs, management costs, insurance, advertising and a rainy day fund (to name a few). There are tax breaks available to landlords, however, these are not enough to turn your profit margins sky-high. These qualities listed above will help you become a great landlord.

Perhaps there is a trait above that gives you pause. "I really don't want to manage all the accounting." or "I don't want to live onsite or nearby." All is not lost. You can hire a property manager. Doing so will cost you about 10%/month of any monies the property takes in. However, it can be a wonderful way to manage your business. When looking for a project manager, treat it like any other contracted service. Perform rigorous interviews, check references and make sure you have the same ideas about responsibilities of each party. Find out if they are insured, if they already have working contracts with maintenance and repair companies, and if they charge any extra fees for these contacts. Once you decide on a property manager, be certain to create a detailed contract covering all responsibilities. As with any of your other endeavors with your rental property, keep all your records and agreements in writing! Other professionals you may use to help manage your property include accountants, maintenance specialists, marketing directors and lawyers. Of course all of these will eat into your profit, but be honest with yourself and utilize these people when you need them. You can save yourself headaches down the road if you strengthen any weaknesses at the beginning.

What makes a good rental property?

When purchasing a rental property, there are some important questions to ask:

Do you have a enough for a down payment? Because rental property is viewed by lenders as a higher risk, you may be asked to put as much as 25-40% down on the property. Lenders calculate about 75% of your mortgage payment will come from renters. This leaves you with 25% to make up and even more if you cannot rent all the units. They may give you the option for a lower down payment at a higher interest rate. However, the higher interest rate may defeat any benefits.

Could you live on the property? If you use one of the units as your own residence this will help lower the risk factor for lenders. Lenders can offer a lower down payment and you can learn the ropes of being a landlord without being far from your investment.

Can you get the rent you need for the mortgage? Take a look at the neighborhood and compare the rental costs. Your rental rate needed to cover mortgage should not be too far above the market or you will lose your ability to rent units. - If you inherited or already own the property, you should consider if you can meet current mortgage payments. It may be more beneficial to sell the owned/inherited property and reinvest in another neighborhood.

Is the building up to code? Make sure to hire a home/building inspector before purchasing the property. Make sure the inspector is aware that you hope to rent the place as this may change some safety and code requirements. Take time to make yourself familiar with codes for your locality. This will help you ask better questions and understand any improvements you may need to make.

Is the property maintained? At first you may think it won't be a problem to repaint, re-roof, update the wiring and plumbing, etc. until your list becomes too long for the investment to be worthwhile. Again, hire a home inspector and make certain you know what needs repair and the estimated cost of repairs before you buy.

Is the property secure? Review reports on neighborhood safety. Check for ample lighting, especially at entrances and in parking areas. Make sure windows and doors are solid. Consider the cost to change all the locks and add window locks. Think about the security of your tenants in the property.

What are the responsibilities of a landlord?

Let's assume you are going to take on most of the business yourself and have found a wonderful property to rent. Now, what are some of the responsibilities you have as a landlord?

Tenant Screening: Your first interaction with possible tenants will be the background check that includes a financial review and calling references. Overall, you must perform background checks fairly. You should not do the check on one person and not on the other as this favoritism, or "trusting your gut feeling," is a disservice to all involved. You owe it to yourself, possible tenants and current tenants to perform fair background checks. For yourself, you can avoid headaches with tenants that don't pay the rent or have caused problems, such as costly repairs, in the past. For possible tenants, you may be providing that reality check - can they really afford your rental? For your current tenants, consistent background checks let them know you are looking after your investment giving them a sense of security. On average, working with an agency, this will cost you about $20 per check; an investment well worth the cost.

Clear, Consistent Communication: To avoid any misunderstandings, make sure all your interactions with tenants are clear.

• HAVE A CONTRACT! Make sure you supply the tenant with a copy of the contract so they may reference it if any questions arise. Review the contract with a renewing tenant and discuss any questions they may have over the language or meaning.
• Collect rent on a schedule. Keeping consistency with your tenants is imperative. If you are too lax one month, you may have a hard time collecting rent the next month. Or, if you are lax with one renter and not another you can create tension or even a legal issue.
• Always provide written notice before entering a tenants space. This varies from state to state. However, for good business practice and common curtsey, let the tenant know when you need to enter the property they call home.
• Use signs, flyers or other WRITTEN communication to inform tenants of policies and policy changes. Provide all tenants with copies and/or make clear postings around the complex.
• Serve notices and warnings in writing. Verbal notices will not protect you if a situation deteriorates. Make certain to give your notices in writing and make yourself available for questions or discussion. Serving a notice and then disappearing from sight does not offer clear communication and can aggravate a situation!

Provide a Safe and Maintained Environment: Every landlord should offer tenants a living space that is up to code, safe for habitation and in working order. Even if you decide to contract out maintenance services, you should provide your tenants with repairs in a reasonable amount of time. Make good relationships with contractors that understand the nature of the work and are willing to come out after normal working hours. Save money for a rainy day so you can pay for emergency repairs when they arise. Maintaining the property will encourage tenants to take pride in their home and maintain their surroundings. Also, strive to make your tenants safe. You cannot control all conditions. However, changing locks, providing ample lighting for parking and having emergency procedures written and distributed are a few of the ways you can keep your tenants safe.

How do you advertise a rental property?

Advertising a rental property is important for getting units filled. Today you can use everything from word of mouth to online sites to advertise your property. In larger cities, you may even use "finding agencies" or real estate agents/brokers to advertise. When advertising your property, keep a clear list of amenities and useful services in the neighborhood. When composing your advertisement you must watch your wording as you cannot exclude any demographic. There are many federal laws/protections that regulate how you advertise your rental. The fair housing laws make it illegal "To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination." (Source: U.S. Code Collection - Cornell University Law School). In addition to this clause, many states and cities may also prohibit discrimination based on marital status and sexual orientation. Most landlords have good intentions to rent to all qualified tenants. However, there are certain ways of wording advertisements which may be perceived as discriminatory. For this reason, you should carefully choose your wording when advertising your rental property. Avoid words and phrases such as: prefer, suitable for, ideal for, ethnic neighborhood [or other cultural identifiers]. For a good list, take a look at the Pennsylvanian Human Relations Commission's Reading Between the Lines: A guide for housing and commercial property advertisements as they include a list of terms to avoid. Another resource for examples is the Guidance Regarding Advertisements Under §804(c) of the Fair Housing Act by the US Department of Housing and Urban Development. Keep in mind this good rule of thumb: always describe property, never describe people.

What are some legal pitfalls to avoid?

There are a lot of legal concerns when renting out property. As we have seen, the law influences advertisements of rentals. In addition to this, you create a contract agreement with your tenants every time you rent. Therefore, it is important to have sound legal advice as a landlord. Establish a relationship with a lawyer who you may hire for any contract questions or possible representation. No one ever wants anything to get as far as a lawsuit. So here are some ways to avoid legal pitfalls in the first place:

• Always perform background checks with every possible tenant.
• Call tenant references.
• Treat every tenant the same in process; never cut a corner for one tenant because of a "gut feeling" or personal relationship.
• Keep all notices in writing. 
• Keep all due dates consistent from month to month and from tenant to tenant. 
• Always perform background checks on any staff.
• Make certain all staff are trained. They should know what they can and cannot do for tenants. If they are handling rental paperwork or advertising, they should know fair housing laws.
• If you contract out maintenance work, make certain they treat your tenants professionally. Although they don't work for you full time, they do represent you since you hired them.
• Keep housing up to code and safe for living.
• Investigate any complaints against your staff immediately.
• If a situation arises, consult a lawyer. Know how to legally proceed before taking any action.

How do you evict a tenant?

Evicting a tenant is one thing all landlords would rather avoid. However, sometimes circumstances deteriorate and eviction is the only feasible solution. If you have tried open communication but cannot get the tenant to pay rent or obey rules of the property it may be time to start the eviction process. The rules behind evicting a tenant vary from state to state. It is therefore imperative you discuss your options with a lawyer. Indeed, for the best security, you may want to do the whole eviction process through your lawyer. Regardless of the ups and downs involved with evicting a tenant, make certain to always maintain a professional decorum. Do not allow personal emotions to collide as this can only lead to further legal issues. Keep all of you requests in writing. The first step to any eviction is to send a written notice for them to pay back rent, fix problem behavior or move out. For example, in some states you may send a Demand for Rent or Notice to Quit form to a tenant who is behind rent payments. Or you may send a Notice to Cure Breach of Lease to inform the tenant that they must fix behavior that is contrary to your rental agreement. A Notice Regarding Termination of Lease may be used in some states when there is no chance for reconciliation. For example, the tenant is involved in illegal activity on the premises such as drug trafficking. If problems have not be rectified after notices have been given, then a suit is filed against the tenant. Upon winning this, it is law enforcement personnel who deliver written notice when the tenant may remove their items from the premises. You should never remove a tenant's items yourself. Using the police will ensure that you cannot be accused of taking or damaging any of the tenant's property. Essentially, make certain to obtain legal advice, serve warning notices required by your state, keep all notices and communication in writing and use local law enforcement to help keep you protected from any accusations of unfairness.

None of the above is a substitute for legal advice. An attorney should be consulted.

FREE Rental Agreement Forms

In cooperation with our partners at Lawchek® and Lawsonline™, Homecheck is pleased to provide a sample Rental Agreement Forms for FREE. This is not a substitute for legal advice. It is never recommended that an individual undertake his or her own representation in such matters as real estate law, even though most states do permit such activity. Any individual who is serious about proper real estate transactions would want to have capable legal assistance. An attorney must be consulted.

• Blank Rental Agreement Form Example Rental Agreement Form
• Blank Apartment Lease
• Blank Notice to Quit "

This work is protected under the copyright laws of the United States. No reproduction, use, or disclosure of this work shall be permitted without the prior express written authorization of the copyright owner. Copyright © 2008 by LAWCHEK, LTD."

Resourceful Links

Fair Housing by CivilRights.org
www.fairhousinglaw.org 
The Fair Housing National Multimedia Campaign is designed to increase public awareness of the Fair Housing Act and its protections, encourage the reporting of fair housing discrimination to the appropriate agencies, and provide information and resources to help communities and institutions support individuals and families who exercise their fair housing rights.

Landlord.com
www.landlord.com
In early 1998 the decision was made to spin Landlord.com off as a separate entity, dedicated to providing services to landlords and other real estate professionals on-line.

National Fair Housing Advocate Online
www.fairhousing.com
The National Fair Housing Advocate Online is a resource designed to serve both the fair housing advocacy community and the general public with timely news and information regarding the issues of housing discrimination. Find local organizations to help with any Fair Housing questions: http://www.fairhousing.com/index.cfm?method=agency.search

National Fair Housing Alliance
The National Fair Housing Alliance (NFHA) is the only national organization dedicated solely to ending discrimination in housing.

US Department of Housing - Home & Communities
www.hud.gov/offices/fheo/
The Office of Fair Housing and Equal Opportunity (FHEO) administers and enforces federal laws and establishes policies that make sure all Americans have equal access to the housing of their choice. We can help you with your housing discrimination problem. If you feel your rights have been violated, let us know.

US Department of Justice - Fair Housing Act
The Fair Housing Act, 42 U.S.C. 3601 et seq., prohibits discrimination by direct providers of housing, such as landlords and real estate companies as well as other entities, such as municipalities, banks or other lending institutions and homeowners insurance companies whose discriminatory practices make housing unavailable to persons because of: race or color, religion, sex, national origin, familial status, or disability.

Recently I was asked to inspect a vacation home in North Carolina. The owners said that the garage had suddenly developed a mildew problem which had never occurred in the 100 plus year life of the house. What I found was that water was running under the walls of the garage and collecting in the storage closet area. Since the garage had been closed for about four months, the mildew problem was quite severe. The owners said that they had never had this problem before, so I started by asking them what, if anything, they had done to alter the lot drainage. It turns out that they had hired an architect to design a screened porch on the flat roof of the garage, and had hired a local contractor to build it. My first question was; did the original garage have gutters? They said that it had some kind of drain in the flat roof which drained the water off the back corner of the structure. The original garage did indeed have a scupper feeding into a downspout which drained the water downhill from the structure, but this was abandoned when the porch was built. It didn’t take me long to realize that all the water falling on the gabled roof of the new porch was draining along the sides of the garage and running under the old walls. They solved the problem by installing gutters along both sides of the garage with downspouts to channel the water away and downhill from the structure. Gutters can sometimes be difficult to keep clean, but they do a very good job of keeping water away from the house.

Now is the time of New Year's resolutions and an artificial restart for many of us.  This is a time taken to reflect on what goals we may want to achieve in the year ahead.  In many cases, financial security will be a primary objective for individual households as the recession continues through 2010.  Many people are grateful for the beginning of a gradual stabilization and cautiously hopeful for the recovery of the economy.  Although the majority of us do not have direct influence on the big companies and banks, we do control how we run our individual households, and many of us will be tightening our spending budgets and looking for ways to save.  Below we have provided some online resources for everything from keeping a balanced budget to finding ways to shop a bit smarter.

Know your budget: Before you can adjust your household budget to save, pay off debt or get ahead in your payments, you have to have a realistic look at what you owe and what you earn.

• Bankrate: This site offers numerous online calculators from home budgets to which saving options will give the best returns. You can also begin to look at whether a home equity line of credit would be a good way to get rid of your debts or if now would be a good time to refinance under a lower mortgage rate. http://www.bankrate.com/brm/rate/calc_home.asp
• BBB Develop a Working Budget: A printable worksheet that comes with other details to consider when calculating and understanding your budget. http://www.bbb.org/alerts/article.asp?id=709
• Kiplinger.com Budget: An online budget form that will help you get started figuring out where you stand for the current month. http://www.kiplinger.com/tools/budget/
• Microsoft Budget Templates: If you already use Microsoft Office, consider downloading one of their free budget templates. One of these Excel worksheets can help you keep track of your monthly expenses and be altered to fit your specific needs. http://office.microsoft.com/en-us/templates/CT101172321033.aspx

Revisit your grocery list: Reconsider how you buy groceries and what you buy.

• Always shop with a list - Some suggest a list for any shopping trip you take. Always have a clear idea of what you need. This will help you find the best deals and not get distracted by impulse buys.
• Buy generic brands - When you compare ingredient labels you may be surprised how similar or exact the name brands are with the generic. Try a couple taste tests, not everything generic will be ideal for your pallet, but some may surprise you, and savings could sweeten their flavor all the more!
• Buy in bulk - Many stores now offer you the option to save by buying in bulk. Never use enough of it in time? Consider teaming up with family or neighbors and splitting your purchases. Maybe you don't need 10lbs of chicken, but 5lbs at $2 less per pound is savings to the bank.
• Pack more snacks - When shopping, look for items you can easily put in the car, at the office or anywhere you might get the munchies. This way you can curb you hunger before you decide to hit the fast food on the way home.
• Home Ec 101: Bake and Cook - Take on the personal challenge to become a better chef. Don't have the time? The internet is full of quick and easy casseroles, muffins, and other recipes that can help you get through your day. You will save money in the 15 minutes it takes to make these meals and you may find them more satisfying than microwave dinners.
• Home brewed coffee - If you are addicted to your caffeine, then it is time to invest in a coffee pot with a clock and timer. You can still grab the coffee on the way out the door without being slowed down. Need it at work? Consider a French press where you can brew coffee conveniently at your desk without any machines, filters or mess.
• Find your green thumb - If you have the property consider making a garden with your favorite greens. Fresh tasting rewards combined with natural stress relief. Don't have the property? Consider a container garden (or even an indoor container like the Aero Garden) for some of your basics. Maybe get to know you neighbors and join in a community plot.

Coupons, discounts and closeouts: Many sites online now offer ways to compare the best deals by product or store. Whether looking for new electronics or ready to head to the grocery store, check out these sites before you buy. Also take time to review the forums with customer input and reviews. A bit rough around the edges, the customer reviews on these sites are often short and to the point.

• The Bargainist: This site lists both sales and coupons. Easy to use search - just type in the product you are looking for and it will check for any deals currently available. http://www.bargainist.com/
• Cool Savings.com: A membership is required. If you don't mind printing your own coupons, this site is ideal for the busy shopper who knows what they want but does not want to sift through mailers, the newspaper and magazines to find a good deal. http://www.coolsavings.com/
• Coupon Mom: A list of coupons, free offers and much more. A great way to search out grocery coupons. There is a membership but as with similar sites, this is free. http://www.couponmom.com/
• Deal Catcher: Coupons, sales and rebates galore. Review sales by stores as well as by item rather than brand. http://www.dealcatcher.com/
• Fat Wallet: The savings here can be found in the online forums. Savvy consumers share information and special deals. There is also the plethora of coupons and discounts listed by store or category. http://www.fatwallet.com/
• RetailMeNot: A twist to the coupon frenzy, this site offers the coupons for online retailers. Many online retailers or stores with online shopping offer discounts or special deals with certain coupon codes or key words. RetailMeNot searches for these codes for you so you can use them on your next purchase. http://www.retailmenot.com/
• SlickDeals.net: Mostly user driven, this site helps to create a community where bargain hunters can congregate and share what they have found. The latest deals page can be fun to review but you can also search for products by name. http://slickdeals.net/  

Be an educated consumer: Be more particular about the products you buy. Taking time to read reviews and learn the pros and cons others have experienced before you buy will help you choose better products that will last longer.

• Buzzillions.com: After compiling reviews from customers that are sent to major retailers in response to the products they sell, Buzzillions then puts all those reviews together into an easy to read snapshot with an overall rating. You can then read the individual reviews from other consumers like you. http://www.buzzillions.com/
• Epinions: This site is user driven with opinions on everything from products to entertainment. Perhaps you want to know more about a book, video game, movie or iPod? Most likely someone has given their two cents about it here. http://www0.epinions.com/
• PriceGrabber.com: This site helps the consumer compare prices between online retailers. Many popular products also come with reviews and ratings. The price comparison also includes some of the used markets such as Amazon Marketplace. http://www.pricegrabber.com/

Rack up rewards: There are many programs out there to reward shoppers. Take the time research them and find one that works for your shopping style. If you shop online there are shopping portals that offer rewards. If you shop a little bit everywhere, consider a credit card with flexible reward points. If you shop at one store the most, get a rewards card with them. *A thing to remember with reward credit cards is that they usually come with a higher APR. It is better if you can charge and then pay immediately and not rollover this debt. That way you can get the rewards without the extra interest.

• CreditCards.com: If you use credit wisely, then you might consider a credit card rewards program. This site offers an easy glance through some of the programs available. Also consider looking at individual card company sites. http://www.creditcards.com/reward.php
• Ebates: An online shopping portal that received favorable reviews from some bigwigs like Good Housekeeping and CNN. Not only do you get a discount when shopping, but you can get bonuses as well. http://www.ebates.com/

Buy and barter used: Flea markets and garage sales can be great if you have the time and the weather to get one going. Maybe you don't have either? Then how about trying the same bartering and selling online? Besides the already popular eBay, you may be surprised at how many sites there are that will allow you to exchange, sell and buy cheap!

• BarterBee.com: A site specifically geared towards recycling CDs, DVDs and computer or consol games between households. Once you sign up for a membership you list your used items for sale. Sell items to get points. You can then use those points to buy other CDs, DVDs or games that you want to try out. Of course you wouldn't use this site to make cash - points are used for like items. http://www.barterbee.com/
• Craigslist: An online mismatch of services, used goods and announcements by city location. Here you may be able to find used items cheap. It can be the ordinary like used furniture to the not so common. For example, I once found someone who had new pavers left over from a patio project that they are willing to sell at a discount just to get them off their lawn. You may also be able to find cheap services such as yard work. However, users beware, there are no regulations on this site and you should take precautions when working with anyone on this list. This site definitely has a mixed history of great successes and terrible wrongs. Be careful. http://www.craigslist.org/about/sites
• eBAY: One of the most popular and well known online auction stops, eBay has been around since 1995. Users have the ability to rank other users for the ease of trade transactions. Probably the biggest garage sale on the internet. http://www.ebay.com/
• SwapThing: This site allows for consumers to trade and barter items or services. There is also the option to do flat out sales. Unlike an auction site, you can barter privately and do not have to list items for auction. You enter what you want and it will match you with others who have it available. http://www.swapthing.com/home/index.jsp

Get it FREE: There are some sites that will help you sift through the spam to get free items. Be warned that some of the free items still come with many "free" emails.

• Coupon Mom: Already mentioned above, this site also lists ways to get free samples of many products. http://www.couponmom.com/
• Free Shipping.org: This site lists all the free shipping deals and codes. If a site offers a free shipping offer, they have it listed. If you need a code to get free shipping, they have most of those too. http://www.freeshipping.org/
• Hey, It's Free: This blog website run by Goob works to find out the real freebies on the internet. Goob goes out there and finds out if a site is just spamming or if there really is something for free at the end of all the forms. That wisdom is then passed on to the readers of this sarcastic but informative blog. http://www.heyitsfree.net/

Compare Insurance Carriers: It is true, if you have been accident/incident free for a while you may be able to save by switching to another insurance carrier. Every company may offer something different in incentives, but take a look and see if a switch can't save you some money this year.

• InsWeb: Recognized by sites like Kiplinger and Forbes, this online insurance comparison site will help you by getting quotes from agents after you supply your information. http://www.insweb.com/
• NetQuote: An insurance comparison website. You fill in the information and the agents work out your rate with their company. http://www.netquote.com/

Be your own travel agent: Consider your vacation plans carefully in advance. When shopping for tickets, shop around to more than one vendor. It is not unusual for some airlines to give better deals then the online travel agencies. If you are a spur of the moment type of traveler, you might consider researching a couple major cities before tempted by last minute weekend travel deals. Like consumer reports, travel blogs are a great way to get more information before you go. Did you know you could see an opera in Vienna for $5? Well, now you do…

• Budget Travel: In print and online magazine from Frommer's Travel, the site also offers free articles on featured destinations, trip ideas and advice from other travelers. http://www.budgettravel.com/
• Kayak.com: This travel search engine is different in that it does not sell you the deals, it just works to find them for you. This is one of the easiest ways to search online travel agencies (i.e. Expedia) and the travel companies (i.e. airlines). http://www.kayak.com/
• Lonely Planet: Supplementary to the printed books, this website offers information about popular travel destinations as well as tips from other like-minded travelers. http://www.lonelyplanet.com/
• USA.gov: Want to stay close to home but still get away? Check out the official state travel sites for the 50 United States and U.S. territories. http://www.usa.gov/Citizen/Topics/Travel_Tourism/State_Tourism.shtml

This month, for a change of pace, we are bringing you a LAWCHEK™ ALERT! from our partner and legal site Lawchek.com. This article reviews the questionable changes that have occurred relative to bank "holds" on customer deposits. These changes can effect everyone from the individual customer to the small business owner.

CUSTOMER DEPOSITS: ILLEGITIMATE REVENUE STREAM FOR BANKS?
Richard A. Pundt, Attorney at Law

For quite some time now, certain banks and other financial institutions may have been profiting from what some members of Congress are calling an illegitimate revenue stream, namely, the deposits of its' customers. Today, many banks will place “holds” on customer deposits. Such customer deposit “holds” are for ten business days and usually translate into a ½ month use of the funds deposited; In this way, banks are able to benefit from the interest on customer funds. This questionable practice has caused outrage by depositors and has ignited the concern of key members of Congress.

Congressman Michael Oxley (R-Ohio) has stated: “Holding a deposit to ensure its safety and soundness is reasonable. But holding a deposit in order to profit from the interest is completely unacceptable. The latter practice prevents consumers from realizing the benefits of their own assets, while creating an illegitimate revenue stream for financial institutions. It unfairly penalizes consumers and should be eliminated from the U.S. payment system.” 1

From an analysis in a report by Ms. Laura Bruce of www.Bankrate.com, it is revealed that there are many concerns relative to the new federal enactment of the Check 21 Act. "Check 21" allows the checks that individuals write to clear within one to two days while the deposit may be held by a bank for up to ½ month when weekends are added to the allowable ten day hold under “exceptional” circumstances of the FED Regulations. As a result, the consumer may get “nailed” for overdraft charges if the consumer was counting on the deposit and, in addition, the banks have been keeping the interest on the funds “held” through the deposit delay. Ms. Bruce also notes in her article 2 that Congresswoman Carolyn Maloney (D-New York) has introduced HR 5410 that would “…redress imbalances between the faster withdrawals permitted under the Check 21 Act and the slower rates for crediting deposits.”

Examples of bank customers delays due to the banks “hold” practices is very wide-spread and, undoubtedly, has accounted for hundreds of millions of dollars worth of profits for banks. Consumers, realtors, businessmen, and attorneys are becoming increasingly aware of these practices by the banks. This author has encountered quite a number of reported instances where consumers experienced an improper deposit delay or hold for an unreasonable period of time.

Of the many instances reported to this author, there are three that merit review in regard to the issue of deposit “holds.” The first instance involved a very well-respected attorney who deposited over $200,000 into his attorney trust account at a well-known bank and was verbally informed, after the deposit had been made, that there would be a ten business day “hold” on the deposit. He did not receive any written notice as prescribed by Federal Reserve Regulation CC (Availability of Funds and Collection of Checks, 12 CFR 229). This particular attorney had never over-drafted his account and has always maintained a sterling reputation with the Bar, as well as other attorneys. Moreover, the deposit consisted of checks from State Farm Mutual Ins. and John Deere Inc. The attorney directed a hand delivered correspondence to this well-known bank, wherein he requested an immediate removal of the “hold” or, in the alternative, an explanation as to whether the bank in question believed that checks from either State Farm Mutual Ins. or John Deere Inc. would not clear or if there was any improper activity by State Farm Mutual Ins. or John Deere Inc. in regard to: (a) any suspected criminal activity, (b) any suspected money laundering, (c) any suspected terrorist activity, or (d) any other improper activity that would mandate the holding of either check. Needless to say, the bank could not accuse either State Farm Mutual Ins. or John Deere Inc. of any such activity, yet the bank continued its “hold” on the deposit to the trust account from December 7, 2005 until December 20, 2005. The attorney has never received a written or an oral explanation, as he requested in writing, for the hold as prescribed by Federal Reserve Regulation CC (12 CFR 229).

The second instance involved a well-respected realtor who deposited between $200,000-$300,000, as a result of a closing, into his account at the aforementioned bank. He was unaware of any “hold” on the deposit. The realtor issued various checks, as customary, to: other financial institutions, the seller, realtors, an insurance company, taxing authorities, and others. When the bank in question refused to release its “hold,” the realtor’s checks bounced and a significant amount of distress and embarrassment was the result for all parties concerned, except, of course, the bank that profited in two ways: from the interest on the deposit and from the overdraft charges.

The third, but surely not final, instance involved a party who received a Cashier’s Check from a centrally located and well-known bank and, on the same day, deposited the Cashier’s Check into an account at a branch of the same bank. The branch placed a “hold” on its' own main bank’s Cashier’s Check. What is especially interesting about this case, other than the fact that it was the bank’s own Cashier’s Check, is the fact that under Federal Reserve Regulation CC (12 CFR 229), a Cashier’s Check, as well as a check drawn on an account held by the same institution, must be made available on the first business day following the day of deposit.

It would seem that compliance with Federal Reserve Regulation CC (12 CFR 229) is being ignored by several of the largest banks. According to the article by Ms. Bruce, as noted above, proposed legislation HR 5410 has been presented in Congress to benefit the consumer. The legislation is being introduced in order to counter the Check 21 Act that allows the checks written by consumers to clear faster than the actual deposits made at the banks. It is noted in the article that Representatives from Wells Fargo Bank and Wachovia Bank have stated that their banks place holds on less than one percent of all deposits. If one were to consider the dollar magnitude of that one percent, especially if such deposits are for more than $5,000, a substantial windfall of interest profits are the likely result for the banks placing the “hold.” Perhaps the one percent accounts for hundreds of thousands of deposits each day and, if the average dollar amount of such deposit is $10,000 (most likely it is much more), the money on hold by the large banks at any one time would be in the hundreds of millions of dollars for which the banks gain interest on consumers assets, as noted by Congressman Oxley.

Under the Federal Reserve Regulation CC (12 CFR 229), it is mandated that interest should be paid to the consumer (See Regulation CC (12 CFR 229.14)). It is, therefore, understandable why Congressman Oxley has stated that such practice by the banks “…prevents consumers from realizing the benefits of their own assets, while creating an illegitimate revenue stream for financial institutions."

Under Federal Reserve Regulation CC (12 CFR 229), the following deposits must be made available on the first business day following the banking day of deposit: (1) Cash, (2) Electronic Payments, (3) U.S. Treasury Checks, (4) U. S. Postal Service Money Orders, (5) Federal Reserve Bank and Federal Home Loan Bank Checks, (6) State or Local Government Checks, (7) Cashier’s, Certified or Teller’s Checks, (8) Checks drawn on an account held by the same institution upon which the check is drawn, and (9) the first $100, or if less than $100 the entire amount, of all other checks. In the case of the individual who had deposited a Cashier’s Check into an account that was held by the same bank upon which it was drawn, both subsection 7 and subsection 8, as noted above, were ignored.

On other deposits that are not listed above, including the proceeds of local and non-local checks, the checks must generally be made available for withdrawal by the second and fifth business day respectfully following the deposit (See Regulation CC (12 CFR 229.12)). In the case of the attorney, and in the case of the realtor, as noted above, if the deposited checks were local, the deposit should have been credited within two days, and if the checks were non-local, the checks should have been credited within five days. There should not have been an arbitrary hold for ten business days or a ½ month total hold on the deposits.

However, there are exceptions set forth under Regulation CC (12 CFR 229.13), and those exceptions involve: new accounts,3 large deposits, repeatedly overdrawn accounts, or emergency conditions. The only exception of the above examples involving the attorney or the realtor, as given, would be the exception of a large deposit since our investigation ruled out any other scenario. In the case of large deposits, the bank must provide a notice to the consumer (See Regulation CC (12 CFR 229.13)), and that notice must be in writing (See Regulation CC (12 CFR 229.15), (12 CFR 229.16), (12 CFR 229.17) and (12 CFR 229.18)). Additionally, and under Regulation CC (12 CFR 229.14), interest must be paid on interest bearing accounts no later than the day the bank receives credit for the funds deposited.

It would appear that certain banks may be circumventing the requirements of Federal Reserve Regulation CC (12 CFR 229), and that is undoubtedly one of the reasons that Congressman Oxley has expressed concern, and why Congresswoman Maloney is reintroducing HR 5410. As a practical matter, most customers drop the issue once they actually receive their funds, which have been held by the bank, because they wish to maintain a good standing relationship with the bank. So does that mean that nothing can be done? The answer is no. Something can be done, but it requires positive action by the customer.

First, the customer may file a complaint with the Federal Reserve at: The Board of Governors of the Federal Reserve System, Division of Consumer and Community Affairs at 20th and C Streets, N.W., Stop 801, Washington, DC 20551. Additionally, the consumer may file a complaint with the respective State Banking Commissioner in the state where the violation occurs. Also, contacting the proper parties within Congress, such as Congressman Michael Oxley (R-Ohio) or Congresswoman Carolyn Maloney (D-New York).

Finally, there is a civil remedy expressly set forth under Federal Reserve Regulation CC (12 CFR 229.21). The civil remedy allows for both individual and class actions. See Regulation 12 CFR 229.21 (a) (2) (i) and (ii). The statute provides a limitation on class actions that includes actual damages up to $500,000 or 1% of the net worth of the bank involved (the lesser of the two) plus costs and attorney fees.

Fall is traditionally associated with harvesting and stocking up for the winter ahead. However, many locations in the U.S., even those accustomed to getting heavy snow in the winter, may embrace the fall as a great time to extend their garden harvest and continue to play with their landscape. Gardeners may continue to plant a regular 'salad mix' and root vegetables through November. Fall is also a great time to plant bulbs and other plants for the following spring. Landscapers who think ahead may already have some great flower varieties showing off their colors in the fall. Finally, fall is a great time to take advantage of mild temperatures to prepare the plants and soil for the winter ahead. There are many projects for the fall garden to keep all green-thumbs happy!

"Autumn, the year's last, loveliest smile." ~ William Cullen Bryant

Part I: The Garden

• There are many quick growing vegetables that enjoy the milder fall temperatures. There are also some longer growing vegetables that don't mind a little frost and may be planted early fall for a harvest in November/December. Some of those that can help keep your green thumb busy are: Arugula - Beets - Broccoli - Cabbage - Carrots - Cauliflower - Leeks - Mustard - Radish - Scallions - Spinach - Turnips - Winter Squash (click on each for more information)

• As you enjoy your fall vegetable garden, keep some of these tasks in mind to prep the soil for your spring planting.

1. Remove dead plants. If you keep them there they may become a hiding place for pests. Instead, collect healthy remains and place them in a compost bin or discard completely. Also remove old stakes and twine, this will just get messy over the winter and become more of a headache to clear out come spring.
2. You may till some dead leaves and compost into the soil to add nutrients over the winter. However, be careful not to have too much as you do not want to mat the surface. Tilling your soil in the fall can also expose any pest larvae to freeze in the winter. Finally, take a soil sample; fall is a great time to add lime or sulfur to adjust the soil pH for spring.
3. If you have a mild enough winter, you may want to consider cover crops such as clover and rye grass (ask your local garden store for localized suggestions).
4. Do not fertilize as this will wash away before your spring planting - save your money!
5. Use time in the fall and winter to sketch out next years garden. Doing this early will help you decide if you should make any adjustments or amend soil in certain areas now.

Part II: The Landscape

• Looking for a little color around your house in fall? try some of these plants to add color to your home with their vibrant fall colors and blooms: American Cranberry Bush - Chrysanthemum - Burning Bush - Iris (re-blooming) - Kale - Pansies (click on each for more information) 

• Or perhaps you are considering your spring flowerbeds. These plants can be planted in the fall to make sure they are established for a spring awakening: Allium - Crocus - Daffodil - Hyacinth - Iris - Tulip (click on each for more information)

• Fall is also a great time to introduce new plants to your landscape. Many of your large plants such as trees and shrubs do best when planted in the spring or fall. Planting in the fall allows them milder temperatures to get established before the winter.

• Now is also a good time to relocate plants that may not be happy in their current location. Also, perennials such as Daylilies, Geraniums, Irises, Lambs Ears, and Peonies may be divided and spread in your landscape for a new bloom next year. Now is the time to clean up your landscape and prep your plants for the winter ahead.

1. Water all your plants - it may be wet, but they will appreciate a good drink before the ground freezes.
2. Cut away - cut back perennials and add to the compost bin. If you have any question about the health of the plant, discard the cuts instead. Also cut back any evergreens and shrubs; at this point you are mainly cutting out dead or diseased stems on the plant.
3. Clear debris such as leaves and pine needles from the base of your plants. Crushed dried leaves can be used to make mulch or compost. Some gardeners may also use pine needles for mulch, however, pine needles can make a more acidic soil.
4. Dig up the annuals - they have had their moment of glory, add them to your compost bin.
5. Lawn care - continue to mow your lawn until it stops growing. Make sure to rake leaves to prevent molding and dead spots. You will also want to fertilize the lawn once in the early fall and again after it stops growing.

Experience is sometimes an unforgiving instructor. At Homecheck we learned devastation caused by flood waters first hand when Cedar Rapids, IA was hit by a massive flood this past June (6/13/2008). Homecheck is parented by the company enlighten technologies™ which includes many other businesses in our family such as Lawchek®, LawyersListings, and HouseList, to name a few. Our headquarters on 1st Avenue in downtown Cedar Rapids was inundated with water after the Cedar River crested at 31.1 feet (19.1 feet over flood stage) to overtake 1,300 blocks of the city.* The first floor was completely lost and the second as well when water reached 4 feet on the upper level. A slow road to recovery, we have learned first hand the destructive power of flood waters. Reflecting on this experience and the items we have learned, we determined to write an article this month about what to do if a flood hits your home or business. We hope many of our readers never have to use the practical advice in this article.

*Specifics taken from articles: http://www.usatoday.com/weather/floods/2008-06-15-cedar-rapids-cleanup_N.htm; http://www.nytimes.com/2008/06/13/us/13flood.html?fta=y; http://en.wikipedia.org/wiki/2005_levee_failures_in_Greater_New_Orleans **Weather data: http://ia.water.usgs.gov/flood/flood.html

Before the Flood
It is not always possible to know when a flood will happen. It may be caused by an inundation of rain fall. Cities in Iowa were affected in this way when the Cedar and Iowa Rivers swelled with over 10 inches of rain in only one week.** This can then be compounded when man-made structures give way. This was seen in New Orleans when 50 levees broke during Hurricane Katrina.* So what can you do to protect your business or home before a flood happens?

• Find out about the land your structure is on. Does it sit on a flood plain? What is the threat level? Geologists or your county planning department will list these areas by the probability of a flood. For instance, Cedar Rapids has areas designated as 100 or 500 year flood plains. The flood in June was a 500 year flood. FEMA Offers flood maps detailing current flood risk. Simply type in your address and you can look at it online. You also have the option to buy a map, but as long as you are looking online, the service is free. http://msc.fema.gov/webapp/wcs/stores/servlet/FemaWelcomeView?storeId=10001&catalogId=10001&langId=-1

• Now that you know where your home or business stands, what kind of insurance is available? Talk to your insurance agent first. If you want to now more about insurance options, especially in higher risk areas, also check out the National Flood Insurance Program at www.floodsmart.gov/floodsmart/.

• Whether a household or a business, you should have an evacuation plan in place. Let family members and employees know what evacuation route to take if water is rising swiftly and an evacuation is ordered. For households you should include a place for everyone to meet whether it is a local shelter or a relative’s/friend’s house. Also, families should have an out of state contact that everyone may call to locate each other in case they are separated.

• Create an emergency kit to be ready at any time. Depending on the needs (home or business) some items to consider are:

• Clean water (enough for at least 3 days for every person and animal – generally 5 gallons per person)
• Nonperishable food for 3 days (don’t forget a can opener!)
• Suitcase with an extra pair of clothes and extra blankets or sleeping bags
• Baby Kit - Baby food, diapers and other supplies
• Pet food, leashes, vaccination info for your pet – you may have to leave your pet at a local pet shelter if you are evacuated as emergency shelters do not allow pets 
• First Aid Kit – try to include some extra prescription medications (not expired!) or details about any prescriptions so you can refill them if lost in the flood
• Personal Hygiene Kit – sanitary wipes or gel, soap, toothpaste, feminine supplies, deodorant, etc.
• Flashlights, radio or small TV, and batteries – you may also consider crank flashlights and radios
• Some items to have on hand particular to a flood threat: insect repellent, rubber boots and gloves, and thick shoes

• Back up your documents! If you are evacuated due to a flood there are certain documents you will need for claims and getting back on your feet. Keep a copy of these documents with your emergency kit, at a safe location other than your home or both. At the very least these documents should include: insurance information, social security number, and medical records including any active prescriptions. It would also be a good idea to make a list of emergency contact information including family and friends as well as local and state numbers you may need.

• Prepare your business or home to resist flood damage. Suggestions include: install sump pumps with a back-up source of power, install backflow valves or plugs to prevent sewage entering the home, and make sure any fuel or propane tanks are securely and properly installed.

During the Flood

• Once a flood watch or warning is given call local authorities and let them know of anyone who may have special needs and cannot leave the flood area easily. It is extremely helpful for authorities to know who needs help evacuating if an evacuation becomes necessary. Ideally, have a friend or family member who will try to get this person out first if it is still safe to do so. This way there is less chance of separation.

• Get your emergency kit and keep it at hand in case of an evacuation. If you have some prep time before, fill up the gas tank to make sure you can go at a moments notice. If an evacuation is ordered there may be heavy traffic and you may need to go some distance to a shelter.

• Secure any items outside that might become hazards in water such as garbage cans, lawn furniture, grills, etc.

• If an evacuation is imminent: turn off the power and gas. If an evacuation is ordered, evacuate immediately. Use the route the authorities have given and make certain not to drive through flooded roads.

• If you are not ordered to evacuate, stay home and listen to any future announcements. Unless helping a family member or friend for a specific purpose, stay off the roads and out of the way of emergency crews. Going to watch is not helpful and can be potentially very dangerous.

After the Flood

• First you will want to contact your insurance company. Even if you are not covered for a flood, you will need to contact your agent. This is why it is important to keep documentation with your emergency kit. You need to know your company, agent (if applicable) and your policy number. In the case of evacuation, make certain to specify the address and phone of where you can be reached now. This may also be a friend or relative who can act as a point of contact if you are not immediately near a dedicated phone. They will set up an appointment to meet with you and discuss your losses.If they do not get back in a few days be persistent and call again, just keep in mind they may be overwhelmed with claims.

• Work with authorities about your return. Although this part can be extremely frustrating, in the case of major floods they will want to assess the safety of your return before you may enter any neighborhood or structure. Choose representatives, as in the case of Cedar Rapids the first look at the property was restricted to 1-3 people depending on location. The authorities may have also set up a grade system for the status of your structure. In Cedar Rapids there were green, yellow and red signs letting owners know whether a structure was safe to enter, enter only with caution or too dangerous and deemed a total loss.

• Once it has been deemed safe by the authorities for you to return, start the process of sorting your property. Do not throw out all items as you will need your insurance agent to see these. However, if the items are considered too toxic to keep around, get pictures and samples of the items before disposing of them. Make sure to take all precautions necessary before entering a flood damaged building! Click here for more details.

• Take many pictures of the inside and outside of your structure before cleanup. Photograph any standing water, items that have to be disposed of immediately and general survey pictures of each room. Also, take pictures of the items that will have to torn out such as the walls, floors, etc.

• Make a list of all damaged and lost items. This will help when you work with your insurance agent to process your claim. With your agent you will make a Proof of Loss. This statement is your testimony to the damages suffered. It should be filed within 60 days unless circumstances have allotted more time. Once this is filed with your insurance company your claim will be processed, however, it may take some time if the area was hit especially hard.

After the Flood: Home and Family Recovery – Working with FEMA

• FEMA stands for the Federal Emergency Management Agency. As they state on their website they define their type of disaster assistance as “money or direct assistance to individuals, families and businesses in an area whose property has been damaged or destroyed and whose losses are not covered by insurance. It is meant to help you with critical expenses that cannot be covered in other ways. This assistance is not intended to restore your damaged property to its condition before the disaster.” In essence they are there to help those who could not or did not get flood insurance.

• Items FEMA will cover are: temporary housing in the instance of evacuation or unlivable conditions, repair for what the insurance company will not cover (this is just until the home is safe, not necessarily with the same materials as before), and permanent housing construction. This last is only available to those who cannot get flood insurance at all due to location.

• FEMA can help with recovery costs that are not directly related to the home. These additional expenses can only be claimed if you live in a disaster area as designated by the President, you have already filed with your insurance company and find you are not covered, and you have serious needs directly related to the disaster. Some of these costs listed on the FEMA website include:

• Disaster-related medical and dental costs.
• Disaster-related funeral and burial cost.
• Clothing; household items (room furnishings, appliances); tools (specialized or protective clothing and equipment) required for your job; necessary educational materials (computers, school books, supplies).
• Fuels for primary heat source (heating oil, gas).
• Clean-up items (wet/dry vacuum, dehumidifier).
• Disaster damaged vehicle.
• Moving and storage expenses related to the disaster (moving and storing property to avoid additional disaster damage while disaster-related repairs are being made to the home).
• Other necessary expenses or serious needs as determined by FEMA.
• Other expenses that are authorized by law. http://www.fema.gov/assistance/process/assistance.shtm

• You can reach FEMA by calling 1-800-621-FEMA (3362) or TTY 1-800-462-7585

• When making any claim, you should have the following at hand: your social security number, current and damaged address, current phone contact, insurance information, household annual income, routing number to your bank to receive funds, and a detailed description of the losses.

• You may be referred by FEMA to SBA which offers low-interest disaster loans. “Homeowners may borrow up to $200,000 for disaster related home repairs. Homeowners and renters may borrow up to $40,000 to replace disaster-damaged personal property including vehicles.” However, you can not receive duplicated aid already received from FEMA.

• To find currently approved disaster areas you can go online: http://www.fema.gov/news/disasters.fema

After the Flood: Business Recovery – Working with SBA

• SBA stands for the Small Business Administration which has a specific branch for disasters the Office of Disaster Assistance (ODA) that offers federal low-interest, long term loans for “homeowners, renters and non-farm businesses.” An Economic Injury Disaster Loan (EIDL) is available to small businesses specifically geared towards helping with day to day expenses so a business may continue to operate.

• SBA can release disaster loans if one or more of the following conditions are met: Presidential Disaster Declaration, • • Agency Physical Disaster Declaration (based on a minimum amount lost), Governor Certification Declaration, Secretary of Agriculture Declaration, Secretary of Commerce Declaration, or Military Reservist Economic Injury Disaster Loan (for businesses that lose key personnel who are called to active duty).

• For Physical Disaster Loans which help replace an uninsured or under-insured property, an inspection team from SBA’s ODA will review the site and claims.

• Applicants do have to show some reasonable ability to pay back the loans. However, since they are low-interest and can be as long as 30 years, they are easier to qualify for than standard loans.

• Especially with real estate, the SBA’s ODA will continue contact with the borrower to make certain construction is on schedule and funds are being used appropriately.

• You can reach SBA by calling 1-800-659-2955 8am-9pm EDT. Or email them at disastercustomerservice@sba.gov.

More Information

FEMA and the American Red Cross have made a pamphlet entitled Repairing Your Flooded Home which is available as a PDF. A great resource, page 55 has a very useful emergency contact list as well.

• Click here for Repairing Your Flooded Home by FEMA and the American Red Cross (PDF)

Additional pointers from Homecheck:

• Cleaning Up after a Flood (HTML)
• Battling Mold after a Flood (HTML)

Some Ways to Help Our Neighbors

Downtown Cedar Rapids, Iowa on Sunday, June 15, 2008 after the waters have started to recede.

Aidmatrix Network - Iowa
The Safeguard Iowa Partnership and the Iowa Disaster Human Resource Council have partnered to provide the Aidmatrix Network, an easy way to make monetary and product donations to the nonprofit organizations that are assisting in the response and recovery efforts following recent disaster events in Iowa.

Cedar Rapids Czech & Slovak Museum
www.ncsml.org
The National Czech & Slovak Museum & Library staff and board continue to work through the challenges of flood recovery. Our five museum buildings are cleaned out and secure. Visitors from across the country have been calling to plan summer visits. Some have already made their way here and are shocked and dismayed to find a sight they never expected - boarded up buildings, sandbars in the garden, and piles of debris. We are assuring them we will survive and be back in business, but it will take time. To us it's surprising there's still a world out there that doesn't know about the flood!

Cedar Rapids Public Library
Our public library lost all of the first floor which included books and magazines for adults.The children's book section was mostly recovered. They are currently looking for temporary space: "07 July 2008 - Librarians are compiling a list of books and other materials that the CRPL’s book distributor will hold until the library has a place to put them. The books will arrive pre-processed, which means that staff will be able to shelve them immediately, saving an enormous amount of time. Once the list is compiled, individuals will have an opportunity to select a book from the list to donate. “Many of our patrons and supporters have been asking what they can do. This will be a way to help rebuild our library,” says Glise. “By fall, we hope to have a wish list available.”

Corridor Recovery
Corridor Recovery is a not-for-profit partnership between government, civic, business and faith-based organizations, created to respond to the Flood of 2008. As the flood waters peaked, Corridor Recovery quickly became the primary resource for materials and information for Linn County and Cedar Rapids. We provide resources for local governments and agencies to distribute flood-recovery information to the public in a critical time of need, and to coordinate volunteer efforts in the clean-up and recovery process.

Greater Cedar Rapids Community Foundation
www.gcrcf.org
The Greater Cedar Rapids Community Foundation opened the Flood 2008 Fund on June 15. The Flood 2008 Fund is for flood relief and recovery donations. One-hundred percent of financial donations to the fund will support response, recovery and rebuilding efforts throughout the Cedar Rapids-metro and surrounding communities. The first priority will be to work with local nonprofit organizations to support individuals and families affected by the floods. The GCRCF is committed to helping individuals, families and the nonprofit community recover and rebuild from the catastrophic flood.

Embrace Iowa 2008 Disaster Fund
Embrace Iowa is a program of statewide outreach by the Des Moines Register. Since it already has an established logo, identity, and donation tracking mechanism, the Iowa Disaster Collaborative is using the Embrace Iowa website as one way for donors to make a donation and learn more about the 2008 Iowa Disaster Fund.

Iowa Commission on Volunteer Service
If you are interested in helping in a particular area of the state, please use this section of our Web site to get in touch with local officials, who are collecting a list of where and when volunteers are most needed.

University of Iowa Foundation
For those wishing to support the University as it struggles to recover from flood-related damage not covered by insurance or other resources, we encourage contributions to the UI Flood Relief Fund.

Sources for this article which include even more detailed information:

Center for Disease Control
CDC.gov (www.cdc.gov) is your online source for credible health information and is the official Web site of the Centers for Disease Control and Prevention (CDC). CDC is committed to achieving true improvements in people’s health. CDC applies research and findings to improve people’s daily lives and responds to health emergencies—something that distinguishes CDC from its peer agencies. Working with states and other partners, CDC provides a system of health surveillance to monitor and prevent disease outbreaks (including bioterrorism), implement disease prevention strategies, and maintain national health statistics. CDC also guards against international disease transmission, with personnel stationed in more than 25 foreign countries

FEMA – Federal Emergency Management Agency
http://www.fema.gov/
FEMA has more than 2,600 full time employees. They work at FEMA headquarters in Washington D.C., at regional and area offices across the country, the Mount Weather Emergency Operations Center, and the National Emergency Training Center in Emmitsburg, Maryland. FEMA also has nearly 4,000 standby disaster assistance employees who are available for deployment after disasters. Often FEMA works in partnership with other organizations that are part of the nation's emergency management system. These partners include state and local emergency management agencies, 27 federal agencies and the American Red Cross.

National Flood Insurance Program
http://www.floodsmart.gov/
Congress established the National Flood Insurance Program (NFIP) to address both the need for flood insurance and the need to lessen the devastating consequences of flooding. The goals of the program are twofold: to protect communities from potential flood damage through floodplain management, and to provide people with flood insurance.

SBA – Small Business Administration 
http://www.sba.gov/
The U.S. Small Business Administration (SBA) was created in 1953 as an independent agency of the federal government to aid, counsel, assist and protect the interests of small business concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of our nation. We recognize that small business is critical to our economic recovery and strength, to building America's future, and to helping the United States compete in today's global marketplace.