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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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Century 21 Real Estate: home buying, home selling, financing and property listings. español Put My Century 21 to work for you, simply register your email address and create a password. Once you're registered, you'll be able to • save property descriptions • store your search criteria • file agent information • build a custom library Find out more or register now! Already registered? Sign in . -- Welcome to Century 21 Real Estate Century 21 Real Estate is your online resource for home buying, home selling, financing and property listings. Whether it's a house, condo, or any other type of property, we can assist you with your real estate needs. Search for Properties Looking to buy a new home, condo or any other property? Search thousands of properties in our real estate listings. Search Property Listings » First Time Homebuyers Guide » View Our Buyer Service Pledge » International Century 21 Real Estate LLC is part of the largest real estate referral network in the world - with over 110,000 brokers and sales associates in over 30 countries and territories. Access our world offices today» Sell a Property Let our real estate agents create a customized marketing plan to sell your property. List your Property » View Our Seller Service Pledge » View Mortgage Rates View current mortgage rates, apply for a home equity loan, crunch numbers with home mortgage calculators and more! Apply for a Mortgage Now» Use Our Mortgage Calculators » Find an Office or Agent Find and contact a CENTURY 21 Office or Agent to handle your real estate needs. Find an Office or Agent » Quick Vote! Your vote counts! Let us Know Where do you spend the most time? Bedroom Living Room Kitchen Bathroom Dining Room ©2005 Century 21 Real Estate LLC. An Equal Opportunity Company. Equal Housing Opportunity. Each CENTURY 21 Office Is Independently Owned And Operated. All rights reserved. Information appearing on this site has been produced by or obtained primarily from Century 21 Real Estate LLC and its representatives and from CENTURY 21 franchisees. Century 21 Real Estate LLC is not responsible for the accuracy or completeness of the broker information, sales associate information, listing information or other information provided by our franchisees appearing on or through this site. Such information has been provided by independent third parties who are solely responsible for such content. Certain conditions and restrictions apply to System promotions. Terms and Conditions of Use.

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Homes on Sale - Browse - property for sale by owner Sell Car | Insurance | mortgage | credit cards | loans | England (3219) Scotland (422) Wales (294) Ireland (244) Europe (7560) USA (823) Canada (265) Africa (392) Asia (1150) Caribbean (91) Middle East (450) Oceania (143) All England Scotland Wales Ireland Europe USA Canada Africa Asia Caribbean Middle East Oceania Any words All words Exact Phrase Advanced Search Search By AD # villa in Marbella REDUCED 1. 200 yards from beach. 2. 39K - 3/4 Bed. Sea Captains House 3. bargain house near greek and turkish border ,spa resort ,lakes 4. Jumeirah Islands, Dubai 5. Disney Orlando 5 minutes 6. Dalmatian old stone house/TRGOSTAN 7. Samui Island Luxury House + Red teak wood furniture no fee & Tax, !!Spacial price!! 8. 1 Bedroom and Studios in Dubai International City 38k+ Freehold (Dubai Property) 9. Attractive house near Greek border 10. FREEHOLD PROPERTY DUBAI MARINA Online Now Welcome, guest ! We have 4 members and 376 guests online. Home : there are (15074) homes for sale by owner! Sell your house online today! It is free to advertise this month normally £25 now £0.00 until sold ... hurry offer lasts only until January 2006! [ register now ] Sell your house FAST! Buy a " For Sale " board England (3221) English property for sale, rent, PX ... Scotland (422) Scottish property for sale, rent, PX ... Wales (295) Properties on sale in Wales Ireland (244) Properties on sale in Ireland Europe (7569) Properties on sale in Europe USA (826) Properties on sale in the USA Canada (270) Properties for sale in Canada Africa (393) Properties on sale in Africa Asia (1150) Properties on sale in Asia Caribbean (91) Buy and sell property in the Caribbean Middle East (450) Properties on sale in the Middle East Oceania (143) Properties on sale in Australia, New Zealand, Fiij Featured homes - being sold by owner Cosy And Spacious 4 Bed Room Apartment Almere P269, 4 bed, Price euros180000 Detached Country House with 3acre Vineyard Balcombe, 4 bed, Price 895000 Stunning Victorian Semi-Detached House OFFERS Accepted Saltash, 4 bed, Price 245000 House for Sale (URL to 360' Virtual Tour) Brighouse (between Bradford & Huddersfield), 2 bed, Price 127500 Beautiful 4 bed family home on private estate Latimer, 4 bed, Price 379950 Spanish Holiday Home 4 Sale Quesada, 2 bed, Price Euros154500 Luxury Villa In Warsaw, Poland (European Union) Warsaw, 4 bed, Price EUR3900000 Impressive timber-framed family home Hoxne, 3 bed, Price 440000 3 houses in Ballantyne Park - extended family living with guesthouse opportunity Harare, more than 12 bed, Price USD450000 Restored stone house close to lake at Agia West of Hania Crete Hania, 2 bed, Price euro87500 House for sale Garforth, 3 bed, Price 153000 Polruan/Fowey with harbour views Polruan/Fowey, 2 bed, Price 315000 Latest 10 Property Ads Photo Title Beds, City Price Posted 1 Bedroom Apartment in Downtown Yerevan 1, Yerevan USD 90000 29, Dec 2005 Country Residence 5, Bulawayo US$ 0 29, Dec 2005 Large 5 Bedroom Terrace 5, Liverpool 195000 29, Dec 2005 6 Bedroom Art Deco Flat 6, Saltdean 365000 29, Dec 2005 France , Corse : House with a swimming pool near sea NOW 420000 5, France, bastia 390000 29, Dec 2005 Established Gite Complex For Sale 10, Pouligny Notre Dame 425000 29, Dec 2005 HOUSE IN COSTA DAURADA 3, TORREDEMBARRA ( LA POBLA DE MONTORNS) 228385 29, Dec 2005 Equestrian Property on 20.000 square meters 3, Susteren EUR 1135000 29, Dec 2005 Near BISCAROSSE St Julien en Borne 1, St Julien en Borne Euro 125000 29, Dec 2005 Detached 4 bedroom villa 4, Kusadasi 49500 29, Dec 2005 Featured Ad's Home LOAN Conveyancing Home Insurance Credit Cards For Sale Board Compare Mortgages Mortgage calculator Property Books Finance Check? Guides Savings Calculator Estate Agents Spin Selling your own home Adding a photo Standard Loans Loan APR Northern Rock Loan 5.6% Liverpool Victoria Loan 5.8% cahoot fixed rate loan 5.8% Amberloan 6.2% Home | Place Ad | Browse | Terms | Privacy | Top Sites | Sitemap | Forum | Links | Services | Contact us ©2005 Homes On Sale