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Neighbors Buying Property To Prevent The Establishment Of A Group Home The Bazelon Center for Mental Health Law Issue: Housing About News In court Take action Publications More resources Topics : Information sheets Advocacy resources on fair housing Jump to an issue: Advance Psych. Directives Children Civil Rights and the ADA Criminalization Education Elders with Mental Illnesses Housing Insurance Involuntary Commitment Managed Care Medicaid Medicare Rx Drug Benefit Mental Healthcare Privacy Restraint and Seclusion Supports in the Community - SSI - Temp. Assist. for Families Voting Fair Housing Information Sheet # 3 Neighbors Buying Property To Prevent The Establishment Of A Group Home Imagine the following scenario: A house in a residential neighborhood is for sale. A provider of residential services to persons with mental retardation believes that the house would be a great location for a group home for three women and submits a bid to purchase the house. Neighbors of the seller learn of the provider's interest in the home and meet to develop strategies for preventing the women from moving into the neighborhood. Eventually, the neighbors conclude that the only way to prevent the provider from purchasing the home is to submit a higher bid. The neighbors realize that none of them can afford to buy the home alone, so they pool their resources, give the money collected to one of the neighbors, and that person offers the seller $5,000 more for the home than does the provider. The seller sells the home to the neighbor acting on behalf of the group. Do the actions of the seller or of the neighbors who purchased the home violate the Fair Housing Act? The FHA makes it unlawful to discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicapof (A) that buyer or renter; (B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or (C) any person associated with that buyer or renter. 42 U.S.C. 3604(f)(1). The FHA contains an exemption for single-family houses sold or rented by an owner, provided that the owner does not use the services of a real estate agent or broker, own more than three such single-family houses, and, if the owner is not a resident, has not completed more than one sale within a 24-month period. 42 U.S.C. 3603(b). Thus, assuming the listed conditions are met, it is likely that the owner cannot be found liable under the 3604(f)(1) of the FHA. But what of the neighbors, who banded together to buy the home in order to prevent persons with disabilities from living there? Courts that have faced this and similar scenarios have answered the question in different ways. In Michigan Protection and Advocacy Service, Inc. v. Babin , 18 F.3d 337, 344 (6 th Cir. 1994), the Sixth Circuit called action similar to that described above as "normal economic competition." The Babin court analyzed the liability of the neighbors who contributed extra funds to make the purchase possible under 3604(f)(1), specifically the "otherwise make unavailable" provision. The court explained that, in normal economic competition, every purchase of a unique commodity affects availability to others. Thus, the court concluded, finding the neighbors liable would cause the statute's reach to be overbroad, and it affirmed the summary judgment entered by the court below. A claim also was asserted against the seller and the neighbors pursuant to 42 U.S.C. 3617, which makes illegal interfering with the exercise and enjoyment of the right to fair housing. The Sixth Circuit also rejected this argument, finding that the seller was motivated purely by economic considerations and that, while the purchase of the house disrupted the provider's negotiations, it did not prevent the provider from making an even higher bid on the property. Babin, then, stands for the proposition that actions related to the purchase of property — even when taken for the sole reason of preventing the use of that property by persons protected under the FHA — is "normal economic competition" and therefore is not a violation of the FHA. Not every court that has considered the issue since the Babin decision has agreed with that proposition, however. In United States v. Hughes , 849 F. Supp. 685 (D. Neb. 1994), the court denied a motion to dismiss and found the Babin decision "plainly wrong" in suggesting that there is an economic competition exception to the FHA. In Hughes , the court determined that a lender, who agreed to finance the purchase of property knowing that the intention of the buyer was to prevent the establishment of a group home, could be liable under 42 U.S.C. 3617. The court held that a bank violates the FHA by intentionally aiding buyers in keeping a home from other purchasers because those other purchasers are or are associated with persons with mental illness: [T]rue ' economic competition' does not exist when the purpose of the competition is to deny a protected person access to housing, as opposed to securing housing for oneself or for investment purposes. In fact, it is irrational to spend money for the purpose of prohibiting someone else from living next to you, if the reason you do not wish to live next to that person is because he or she has a handicap protected by the Act.-- Hughes at 686 (emphasis in original). A third opinion on this issue adopts the Hughes analysis. In Step-by-Step v. Lazarus , No. CV-97-1006 (M.D. Pa. Oct. 17, 1997), the court, in denying a motion to dismiss, held that the FHA "does apply to a buyer who purchases a property with the intention of preventing the purchase by an entity planning to use the property as a Group Home for members protected by the Act." Id. , slip op. at 1. In reaching this conclusion, the court agreed with the Hughes reasoning and stated that normal economic considerations do not exist where the underlying intent of the purchaser is to discriminate. The court found support for this proposition in 24 C.F.R. 103.20(a), which allows the filing of a complaint against "any person" engaged in a discriminatory housing practice, and in 24 C.F.R. 100.50(b)(3), which makes it unlawful to engage in "any conduct" that denies or makes housing unavailable to persons with disabilities. As these cases demonstrate, determining the motives of a buyer, seller, or neighbors and whether such motives are legally relevant is a complex issue. On the one hand, Congress has clearly mandated an end to discrimination in housing, and a narrow interpretation of the FHA, such as in Babin , allows persons with discriminatory intent to prevent individuals with disabilities from moving into a community. On the other hand, examining the private motives to all the various parties to a real estate transaction may be both unwieldy and burdensome. Clearly, it is helpful to fair housing advocates that the reasoning in Babin — even though articulated by an appellate court — was not convincing to the next two courts to consider very similar situations. While it remains too soon to make any definitive pronouncements on the merits of the issues, it is apparent, given the holdings in Hughes and Step-by-Step , that the actions of neighbors who buy property to prevent the establishment of group homes remain subject to viable challenge under the FHA. This information sheet was produced under a contract with the Advocacy Training/Technical Assistance Center of the National Association of Protection & Advocacy Systems For more information, contact Michael Allen, Bazelon Center for Mental Health Law, 1101 15th Street, N.W., Suite 1212 Washington, D.C. 20005-5002. Phone: 202/467-5730 ext. 117. E-mail: Michaela@bazelon.org . Judge David L. Bazelon Center for Mental Health Law 1101 15th Street, NW, Suite 1212 Washington, DC 20005 Phone: 202-467-5730 Fax: 202-223-0409 Email: webmaster@bazelon.org Judge David L. Bazelon Center for Mental Health Law 1101 15th Street, NW, Suite 1212 Washington, DC 20005 Phone: 202-467-5730 Fax: 202-223-0409 Email: webmaster@bazelon.org
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Caribbean Real Estate Property For Sale Waterfront and Water View In Roatan And Belize Caribbean Real Estate For Sale Waterfront & Water View Belize: a tropical waterfront development on the Bay of Chetumal Beautiful ¼ acre lots start at $12,900 US$'s, as little as $130.17 per month with 20% down. 1300 feet of shoreline and three small Mayan ruins on property. English is the official language & law based on English law. Two miles across the bay from great shopping in Chetumal, Mexico. Pier with swimming platform, waterfront park and lagoon planned. Daily flights from the US to Belize (about 2 ½ hours to International Airport.) World class diving and deep sea fishing 30 miles across the bay. Electricity, water, and roads completed in Section - 1 & 2 (50 lots in these sections.) Property management company available to assist owners. Several Caribbean style bungalows/homes available for sale. Neither inheritance nor capital gains taxes in Belize. No snow or freezing weather in this tropical climate. Get in on the ground floor in this new Caribbean development. Roatan: 46.44 acres of rolling hills on Roatan (Bay Islands), Honduras with views of the Caribbean on both sides of the island. Hilltop parcels with outstanding views of the Caribbean Sea from three ridges. Several nice building sites on each ridge. Selling all 46.44 acres for $10,000 per acre, or $394,400 for the parcel. Roatan: 1.36 acres of commercial property on Roatan (Bay Islands), Honduras near Sandy Bay. SOLD - The parcel is between the Coxen Hole and the very popular West End. This property is across the highway from a diving resort. This nice commercial property is listed at $42,000. Roatan: Palmetto Ridge, a planned development 95.5 acre on a tropical mountain on the island of Roatan (Bay Islands), Honduras. Magnificent hill top and hillside views of the Caribbean with cool breezes. Some of the planned amenities include mountain top club with swimming pool, gardens and walking trails, and underground utilities. Project for sale at $14,000 per acre. For information on any of these properties contact Arthur Higgins 12107 Mazefield Houston, Texas 77070 Tel # 281-497-7797 E-mail: arhigs@attglobal.net
Property Listing
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Single Family Condominium or Townhome Any Property Price Range: * From Price.. 75,000 100,000 125,000 150,000 160,000 170,000 180,000 190,000 200,000 210,000 220,000 230,000 240,000 250,000 275,000 300,000 325,000 350,000 375,000 400,000 425,000 450,000 475,000 500,000 525,000 550,000 575,000 600,000 625,000 650,000 675,000 700,000 750,000 800,000 850,000 900,000 950,000 1,000,000 2,000,000 5,000,000 - To Price.. 100,000 125,000 150,000 175,000 200,000 225,000 250,000 260,000 270,000 280,000 290,000 300,000 310,000 320,000 330,000 340,000 350,000 375,000 400,000 425,000 450,000 475,000 500,000 525,000 550,000 575,000 600,000 625,000 650,000 675,000 700,000 750,000 800,000 850,000 900,000 950,000 1,000,000 2,000,000 5,000,000 10,000,000 Min Bedrooms: 1 2 3 4 5 Min Bathrooms: 1 2 3 4 Min Square Feet: No Preference 500 600 700 800 900 1,000 1,100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900 2,000 2,100 2,200 2,300 2,400 2,500 2,600 2,700 2,800 2,900 3,000 3,250 3,500 3,750 4,000 4,500 5,000 6,000 Age of Home: No Age Preference New Construction Only 5 years or less 10 years or less 20 years or less Older than 50 years City Preferences: * Select at least one city... 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Colorado HomeFinder, RE/MAX Alliance 4770 Baseline Road, Suite 200 Boulder, CO 80303 Colorado HomeFinder | Buy a Colorado Home | Sell a Colorado Home | Colorado Homes for Sale | Browse Colorado Listings | Colorado Realtors | Colorado Mortgage | Colorado Relocation Call toll free (800) 231-9153 or local (303) 543-3083 to be connected with a local expert Colorado RE/MAX REALTOR. New listing emails: Colorado Real Estate Denver Real Estate | Boulder Real Estate | Fort Collins Real Estate | Colorado Real Estate Broomfield Real Estate | Castle Rock Real Estate | Evergreen Real Estate | Highlands Ranch Real Estate | Littleton Real Estate We're a Colorado company with a network of hand picked RE/MAX REALTORS in 17 local offices across the state. 2005, Colorado HomeFinder , all rights reserved. Each office independently owned and operated. Privacy Policy | Terms of Use