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Phoenix Arizona Real Estate / homes for sale / mortgage / refinance / home equity ® , requesting a mortgage, apartment locating services and moving resources." Real Estate .com - Phoenix real estate listings, new homes for sale, find a REALTOR ® or request a mortgage, refinance or home equity loan. Find a REALTOR ® in Phoenix and Receive a Gift Card Worth Up To $1,000 or more. OR Find a Builder in Phoenix with iNest and Get 1% Cash Back! You may also want to: Use Our FREE Personal Home Buying Guide Get Pre-Qualified through LendingTree Get Your Credit Report Search Homes in Phoenix You may also want to: Find out what the house in Phoenix isworth, it's FREE. 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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

Investment Property

Find a Property Investment Properties edition Buy to let, property development and investment opportunities Find a Property - Home Property Search Estate Agents Property News Specialist Properties Browse All Areas Find your ideal house, flat or apartment for sale or rent Find a Property - Moving made easy Find a Property - Specialist Properties - Investment Properties Investment Properties Property Edition Buy to let, property development and investment opportunities The Buy to Let market, one of the great success stories of the last ten years, has produced a growing band of happy investors buoyed up by the delights of solid capital growth and respectable rental incomes. It is, however, a cyclical market and one as subject to the laws of supply and demand as any other sector of the economy. Experts will advise that prospective investors should take pains to carefully research the local market and view the business as a medium to long term project. Viewed in that light, it remains a very solid bet and will continue as a popular option for a diverse cross-section of the population. This edition includes dozens of properties which should appeal to those motivated by high rental returns as well as those whose primary concern is capital growth. It also includes details of experienced agents who have made this sector a speciality. So if you're new to the market and need a reliable expert to lead you through the maze, if you're a seasoned player and know exactly what your looking for, or if you live overseas and need a professional all-in-one 'hands off' management service to take care of your portfolio this is the place to begin your search. Property in the Investment Properties edition London (North of Thames) London (South of Thames) Surrey & Middlesex Berkshire, Buckinghamshire, Hertfordshire & Essex Hampshire, Sussex & Kent Rest of UK Rest of Europe Rest of World Today's featured property for the Investment Properties edition... Blyth Road, London, E17, London E17 "Blyth Road, E17. A first floor end of terrace flat located on this quiet street off Lea Bridge Road. The property would benefit from some modernisation and comprises two large bedrooms, bathroom." On the market for £ 147,995 through ludlowthompson.com Rental Returns Overestimated 22 Nov 2005: Recent research from Landlord Mortgages accuses some lettings agents of exaggerating rental returns...... Landlords Remain Upbeat 26 Oct 2005: Landlords are in a bullish mood and plan to buy more properties in the months ahead, says a new survey...... How To Invest In Property 20 Oct 2005: How clued-up are you when it comes to spotting a good property investment? If you feel you could use a helping hand, Ludlow Thomson has some tips...... Learning To Invest 20 Jul 2005: Thinking about investing in property but new to the business? Investment guru Simon Shinerock explains why it can pay to learn from the experts...... Fantastic Investment Opportunity In South Africa 12 May 2005: How does the prospect of investing in a brand new development at the heart of Cape Town sound? Appealing? Read on for more details...... From Coronation Street To Canary Wharf 24 Mar 2005: From the terraced houses of Coronation Street to the high-rise apartment blocks of Canary Wharf: actress Annie Hulley has become a serious player in London's buy-to-let market...... PIFS Unlikely To Conflict With Buy-To-Let 03 Mar 2005: The introduction of property investment funds (PIFs) in the UK would add value to the property market but would be unlikely to have much effect on the buy-to-let sector, says a new report...... Investors Keep Faith With Property 09 Feb 2005: Despite the recent slowdown in the housing market, investors believe that property still provides the safest home for their hard-earned money...... Buy-To-Let Confidence High 07 Jan 2005: Despite negative comment from some quarters, landlords and mortgage intermediaries remain optimistic about the investment market...... Buy-To-Let Looking Good 06 Jan 2005: Strong tenant demand is pushing up rents and boosting landlords' yields, says a new report...... Landlords Hold The Line 14 Dec 2004: Despite falling house prices, most landlords are determined to hang onto their investment properties, says a new survey...... One-bed Flats Do Well 25 Nov 2004: Landlords take note: rents on one-bed flats are outpacing the rest of the market...... Buy-To-Let To Boom 08 Nov 2004: Despite talk of a market slowdown, the coming decade should see a huge increase in the number of buy-to-let investors, says a new report...... Rents On The Rise 20 Oct 2004: Rents are on the up in many parts of the country as landlords pay more for investment properties, says Paragon Mortgages...... What Tenants Want 29 Sep 2004: Power shower or roll-top bath? Garden or trendy kitchen with mod cons? Which features will have tenants fighting over your property?...... Investors Fly To Let 20 Aug 2004: As the housing market cools in Britain, investors are starting to pack their bags and look for bargains overseas...... Landlords Stand Firm 06 Jul 2004: Buy-to-let investors are showing few signs of stress and a mere 2.7 per cent say they'll sell up if house prices start to fall...... Women Bet On Buy-To-Let 23 Jun 2004: The property industry has long been a case of jobs for the boys, but that hasn't stopped a new generation of women investors from getting a foot on the development ladder...... A Leg Up From Your Landlord 22 Sep 2003: It might sound improbable, but a clever new scheme aims to help landlords make a healthy profit while giving tenants the chance to save a deposit for their first home...... Rent: The Furniture 03 Apr 2002: If you've ever been let down by a removals company, are about to relocate to the UK with your family, or are a serious buy to let landlord, rented furniture could be just the ticket....... Tenants From Hell 16 Nov 2001: They don't come trailing sulphurous smoke in their wake and 666 is not emblazoned on their foreheads. So a new service which promises to help identify the tenants from Hell should prove very popular with landlords and letting agents...... Well Hammered 15 Oct 2001: Buy at auction, the pundits all declare, if you want to pick up a bargain. Fine if you have the confidence and expertise to bid with the best. But where do you go if you don't? Meet the man with the answer...... Local Authority 08 Dec 2000: Ex-council properties may be viewed with suspicion in some quarters but in an inflated London market they're still within reach for hard-pressed first-time buyers and an excellent prospect for canny buy-to-let investors...... All Over The Shop 17 Nov 2000: Once upon a time, high streets across the land had a butcher, a baker, a candlestick maker and people who lived contentedly above the shops...... Investment Properties Property Edition Buy to let, property development and investment opportunities This edition only includes specially selected properties. To search every property in an area select your local edition Top Top Find a Property - Home Property Search Estate Agents Property News Specialist Properties Browse All Areas Find a Property 2004 Advertise (estate agents only) Contact us (estate agents only) Privacy Policy Terms & Conditions