buy property to prevent
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
Home Equity
Avoiding Home Equity Scams Avoiding Home Equity Scams Y ou could lose your home and your money if you borrow from unscrupulous lenders who offer you a high-cost loan based on the equity you have in your home. Certain lenders target homeowners who are elderly or who have low incomes or credit problemsand then try to take advantage of them by using deceptive practices. The Federal Trade Commission cautions all homeowners to be on the lookout for: Equity Stripping: The lender gives you a loan, based on the equity in your home, not on your ability to repay based on your income. If you cant make the payments, you could end up losing your home. Loan Flipping: The lender encourages you to repeatedly refinance the loan and often, to borrow more money. Each time you refinance, you pay additional fees and interest points. That only serves to increase your debt. Credit Insurance Packing: The lender adds credit insurance to your loan, which you may not need. Bait and Switch: The lender offers one set of loan terms when you apply, then pressures you to accept higher charges when you sign to complete the transaction. Deceptive Loan Servicing: The lender doesnt provide you with accurate or complete account statements and payoff figures. That makes it almost impossible for you to determine how much you have paid or how much you owe. You may pay more than you owe. Some of these practices violate federal credit laws dealing with disclosures about loan terms, discrimination based on age, gender, marital status, race, or national origin; and debt collection. You also may have additional rights under state law that would allow you to bring a law suit. The FTC suggests if youre thinking about using your home as collateral for a loan, be careful. Unless you can make the loan payments out of current income, you could lose your home as well as the equity youve already built up. Some additional tips to remember: The lure of extra money or the chance to reduce monthly credit payments can be very costly in the long run. High interest rates and other credit costs could get you in over your head. Credit insurance may not be a good deal from a lender. If you want the added security of credit insurance, shop around. Dont sign a loan agreement if the terms are not what you were given when you applied. Ask for an explanation of any dollar amount, term, or condition that you dont understand. Federal law is very clear about what credit and loan term information must be provided in writing when you apply for a loan and before you sign any agreement. In addition, shop around for the best loan terms and interest rates. Contact lending institutions, such as banks and credit unions, and consult a legal or financial advisor, or someone you can trust before you make any loan decisions. Or contact your local Fair Housing Office, legal aid, or senior services organization for information and help. The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint or to get free information on consumer issues , visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft and other fraud-related complaints into Consumer Sentinel , a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad. FEDERAL TRADE COMMISSION FOR THE CONSUMER 1-877-FTC-HELP www.ftc.gov Jan. 1998
Colorado Real Estate -
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Florida Real Estate Commission's
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Buy Home Networking Products
PCWorld.com - How to Buy Home Networking Products ')-- Cameras PCs Laptops Printers Monitors Spyware DVD VoIP IN THIS GUIDE Introduction The Big Picture The Specs Explained Home Networking Shopping Tips RELATED ARTICLES Network Storage for Home and Business First WiMax Products Will Soon Get Nod HP Warns About Flaw in Network Management Product Internet Tips: Access Your Files and Apps From Anywhere for Free Sun's Grid Stumbles See all related items Topics > Internet & Networking > Networking > How to Buy Home Networking Products « Previous 1 2 3 4 Next » Introduction If your home or small office has two or more PCs, you'll be pleasantly surprised by how many problems a network solves. Tired of sharing files by ferrying floppies? Exhausted by battling a spouse or coworker over who gets the new printer or access to a broadband Internet account? These issues go away once your PCs are connected and talking to each other. The Big Picture Learn the benefits and drawbacks of the different types of wired and wireless networks. more The Specs Explained Find out how to make sure a network is fast and secure enough for your needs. more Home Networking Shopping Tips Read our strategies for picking out the best networking technology before you start shopping. more Next page: The Big Picture « Previous 1 2 3 4 Next » Photograph by: Rick Rizner PC World Magazine Get 2 Risk-Free Issues and 15 Free Gifts! Customer Service and Subscriptions Sponsored Info Leading Peripheral Mfg. Announces New Brand - BenQ -- Microsoft's Visual Studio.Net packs powerful productivity wallop -- PCWorld.com Picks and Promotions -- NEW! Super Guide to Photo Editing NEW! Super Guide to PC Protection Free PC World Newsletters Security for Small Business Eliminate PC Annoyances -- Shop Now Online RSS Feeds About Us | Contact Us | Advertise | Corrections | Member Services | Site Map Terms of Service Agreement | ASME Guidelines | Privacy Statement | IDG International IDG NETWORK: CIO Computerworld CSO GamePro GamerHelp Infoworld ITWorld Canada JavaWorld Macworld MikroDatorn Network World PC Advisor PC-Welt PC World Latin America Playlist tecCHANNEL Techworld