Purchase Property


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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



Real Estate Investing Abbreviations

Real Estate Investing Abbreviations - REIClub Free Investing Books, Audios - Click Here to View Receive 5 Free Bonuses! Click Here to Subscribe! Site Navigation Investor Information Home Investing Newsletter Real Estate Articles Success Stories Recommended Reading Free Investing Books Investing Glossary Investing Abbreviations Community Tools Real Estate Chat Room Chat Room Schedule Real Estate Forums Newsgroup Forums Beginners, Carlton Sheets Bird Dogs, Wholesaling Foreclosures, Short Sales Sub2, Lease Options Rehabbing, Landlording Financing, Hard Money Asset Protection, Legal Commercial, Mobile Homes Real Estate Marketing Product Catalog Best Sellers All Investing Products Real Estate Audios Real Estate Books Real Estate Courses Real Estate Ebooks Real Estate Forms Real Estate Software Real Estate Videos Course Specials Investor Services Miscellaneous Real Estate Seminars No Risk Guarantee Investor Resources Real Estate Clubs Cash Flow Clubs Hard Money Lenders State Property Codes Tax Appraisal Districts Investor Referrals Business Tools Real Estate Forms Investor Network Ads Real Estate Classifieds Site Information Advertising Rates Advertiser Login Link to REIClub Contact REIClub Real Estate Investing Abbreviations REI Abbreviations AFD - Agreement For Deed AITD - All Inclusive Trust Deed APR - Annual Percentage Rate ARM - Adjustable Rate Mortgage ARV - After-Repaired Value BOR - Board of Realtors CAD - County Appraisal District Cap - Capitalization CCIM - Certified Commercial Investment Member CCR - Conditions, Covenants, and Restrictions CFD - Contract for Deed CLTV - Combined Loan To Value CMA - Comparative Market Analysis COCR - Cash on Cash Return COF - Cost of Funds COO - Certificate of Occupancy CRB - Certified Residential Broker CRE - Creative Real Estate CRS - Certified Residential Specialist DBA - Doing Business As DCR - Debt Coverage Ratio DOS - Due On Sale Clause DOT - Deed of Trust DSCR - Debt Service Coverage Ratio FCRA - Fair Credit Reporting Act FFE - Furniture, Fixture, and Equipment FHA - Federal Housing Administration FHLMC - Federal Home Loan Mortgage Corporation, Freddie Mac FMR - Fair Market Rent FMV - Fair Market Value FNMA - Federal National Mortage Association, Fannie Mae FRBO - For Rent by Owner FSBO - For Sale by Owner GMAC - General Motors Acceptance Corporation GRM - Gross Rent Multiplier HELOC - Home Equity Line of Credit HML - Hard Money Lender HOA - Homeowners Association HUD - Housing and Urban Development HVAC - Heating, Ventilation and Air Conditioning IRA - Individual Retirement Account IRC - Internal Revenue Code IRR - Internal Rate of Return IRS - Internal Revenue Service L/O - Lease Option L/P - Lease Purchase L/S - Landlord Seller LIBOR - London Interbank Offering Rate LLC - Limited Liability Company LOC - Line of Credit LOI - Letter of Intent LP - Limited Partnership LPOA - Limited Power of Attorney LTV - Loan to Value MAI - Member Appraisal Institute MAO - Maximum Allowable Offer MIP - Mortgage Insurance Premium MLS - Multiple Listing Service MUD - Municipal Utility District NAR - National Association of Realtors NIV - No Income Verification NNN - Triple Net Lease NOD - Notice of Default NOI - Net Operating Income NOO - Non-Owner Occupant O/F - Owner Finance OO - Owner Occupant P&S - Purchase and Sale PITI - Principal Interest Taxes Insurance PMI - Private Mortgage Insurance POA - Power of Attorney PUD - Planned Unit Development REI - Real Estate Investing / Real Estate Investor REIA - Real Estate Investors Association REIT - Real Estate Investment Trust REO - Real Estate Owned ROI - Return On Investment RTO - Rent to Own SFH - Single Family House SFR - Single Family Residence Sub2 - Buying property subject to existing financing T/B - Tenant Buyer TAA - Texas Apartment Association TAR - Texas Association of Realtors TIL - Truth In Lending TREC - Texas Real Estate Commission UBIT - Unrelated Business Income Tax UCC - Uniform Commercial Code VA - Department of Veterans Affairs / Veterans Administration Back to Top Forum Abbreviations AFAIK - As Far As I Know AFK - Away From Keyboard AKA - Also Known As BBIAM - Be Back In a Minute BFN - Bye For Now BRB - Be Right Back BTW - By The Way CUL - See You Later FYI - For Your Information G2G - Got to Go IMHO - In My Humble Opinion IMO - In My Opinion LMAO - Laughing My Ass Off LOL - Laughing Out Loud NT - No Text ROFL - Rolling on the Floor Laughing ROTFLMAO - Rolling on the Floor Laughing My Ass Off TIA - Thanks In Advance Back to Top Privacy | Terms of Use | View Cart 2002-2004 All Rights Reserved. REIClub.com



Real Estate Prices: Boom

Calculated Risk: California Real Estate Prices: Boom and Bust Notify Blogger about objectionable content. What does this mean? BlogThis! Calculated Risk Click Here to Return to Main Page Politics and Economics Tuesday, March 15, 2005 California Real Estate Prices: Boom and Bust Today I heard someone comment that California Real Estate never goes down. In fact, California RE has declined in the past in both real and nominal terms. Click on graph for larger image. This graph shows the price of California RE based on the OFHEO California housing index . For the real price, the nominal price is adjusted by CPI, less Shelter, from the BLS . (1976 = 100) The graph shows that in real terms we have seen two declines since 1980. The first decline, in the early '80s, lasted 3 years. The second decline, in the early to mid '90s, lasted 6 years. The second graph shows the same information by annual rate of return, both real and nominal. The decline in the '90s lasted 24 quarters from peak to trough. It took 9 years for prices to recover in nominal terms to their early '91 peak. Overall prices declined 12% in nominal terms and 26% in real terms. Even more important for the economy are the coincident declines in sales volume. Real Estate prices are “sticky downward” since sellers are slow to adjust their prices down, and buyers are reluctant to buy a declining price asset. In this regards, real estate is an imperfect market in that prices adjust slowly to changes in supply and demand (unlike commodities like corn or wheat). Although prices do decline, it’s the decline in volume that leads to declining employment in real estate related occupations like construction, RE sales, mortgages, and more, and impacts the general economy. posted by CalculatedRisk at 8:39 PM Comments | Trackback Calculated Risk: a senior executive, retired from a public company, with a background in investing, finance and economics. Guest blogger: Angry Bear Commentator: Economics Roundtable WWW Calculated Risk Previous Posts UCLA Anderson Forecast: False Sense of Wealth Mortgage Debt and the Trade Deficit China Reduces Dollars in Its Reserves, Lehman Says Mortgage Debt Increases 13% in 2004 The Other Trust Funds Fed's Poole: Social Security Needs Small Changes Housing: Excessive Leverage? Housing: Two Worrisome Signs China and the Price of Gas Greenspan's March to Infamy Housing Sites: Housing Bubble Blog The Housing Bubble Prof. Pigginton's Econo-Almanac housebubble.com Bubble Meter Boy in the Housing Bubble Email: Calculated Risk "Homeownership has become a vehicle for borrowing and leveraging as much as a source of financial security." Former Fed Chairman Paul Volcker, Feb 11, 2005 More excerpts of Volcker's Speech and video




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