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
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B2B Real Estate Investment Opportunities in the Yahoo! Directory Search: the Web | the Directory | this category B2B > Real Estate Investment Opportunities Email this page Suggest a Site Advanced Search Directory > Business and Economy > Business to Business > Business Opportunities > Investment Opportunities > Real Estate CATEGORIES Real Estate Investment Trusts@ SPONSOR LISTINGS ( What's this? ) Creative Real Estate Investing - offering teaching and training in various techniques, including foreclosure, no money down, rent to own, lease option, fixer uppers, hard money loans, and more. SITE LISTINGS By Popularity | Alphabetical ( What's This? ) Sites 1 - 40 of 76 Real Estate Promo - lists local investment clubs and provides education, training, mortgage calculators, and a weekly real estate investing newsletter. Top-Invest - real estate in Germany and Citrus County, Florida, plus investment opportunitues. Offers in English and German. 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Fixed Rate Mortgage Adjustable Rate Mortgage (ARM) Balloon Mortgage First-Time Homebuyer Mortgage Absolute Zero Mortgage FHA/VA Flex 100 Rural Housing Service Loan (RHS) Construction Loans Home Improvement Loans Second Mortgage Land Loans Fixed Rate Mortgage Pre-Qualify Online Rates: · Interest rate is constant over the life of the loan Features: · Variety of terms available · Finance with as little as 3% down payment · Flexible qualifying guidelines Benefits: · Stable monthly payments · Protection against rising interest rates · Fully amortized over the life of the loan Best Suited For: · Borrowers seeking a set interest rate · Borrowers who want the certainty of knowing their payment amount · Borrowers on a fixed monthly income Adjustable Rate Mortgage (ARM) Pre-Qualify Online Rates: · Interest rates and monthly payments can adjust periodically over the life of the loan Features: · Conversion to a fixed rate option available · Initial interest rate may be lower than fixed rate products · Variety of terms available · Annual and lifetime interest rate caps Benefits: · Interest rates and monthly payments can adjust periodically over the life of the loan · Conversion to a fixed rate option available · Initial interest rate may be lower than fixed rate products · Variety of terms available · Annual and lifetime interest rate caps Best Suited For: · Borrowers who expect to move within 5-7 years · Borrowers who anticipate rising incomes · Borrowers who can manage payment changes · Borrowers expecting large cash settlements in the future Balloon Mortgage Pre-Qualify Online Rates: · Interest rate is fixed for a set term Features: · Monthly payments amortized over a longer period than the loan term · Balance is due on balloon date · Outstanding balance may be refinanced for qualified borrowers on balloon date Benefits: · Lower interest rate than fixed-rate mortgage · Borrower may qualify for higher loan amount · Stable monthly payments for term of loan · Rate re-set feature available after 7-years Best Suited For: · Borrowers who expect to move or refinance within 7 years · Borrowers who want to take advantage of lower short-term rates and can tolerate some uncertainty about future loan terms · Owner occupants and second homeowners First-Time Homebuyer Mortgage Pre-Qualify Online Rates: · Fixed or adjustable interest rates Features: · Variety of terms available · As little as 3% down payment · Flexible qualifying guidelines · Fully amortizing · Reduced loan fees Benefits: · Payments go towards equity rather than rent · Minimum down payment enhances buying power · Flexible guidelines may qualify borrower for larger loan amount · Reduced closing costs make buying easier Best Suited For: · First-times home buyers · Borrowers with limited personal funds for down payments and closing costs · Borrowers on modest incomes Absolute Zero Mortgage Pre-Qualify Online Rates: · Fixed interest rate loan Features: · 0 points and 0 closing costs · Competitive fixed rate pricing · Finance with as little as 3% down Benefits: · Allows buyers to save on closing costs and use the savings towards their down payment instead · Gives borrowers an opportunity to refinance and reduce their interest rate without paying expensive closing costs make buying easier Best Suited For: · Ideal for those limited on cash to close their loan · Best for those considering a move or refinance in 5-7 years · Ideal for those who want to reduce their rate without paying for points or closing costs · For those with limited down payment who want to buy now instead of later · Restricted to owner occupants FHA/VA Pre-Qualify Online Rates: · Fixed or adjustable interest rates Features: · Requires little or no down payment · Flexible qualifying guidelines Benefits: · Low down payment · Certain closing costs may be financed · Less cash on hand required to qualify Best Suited For: · First-time home buyers · Borrowers on modest incomes · Eligible veterans Flex 100 Pre-Qualify 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financing plan · Interest only payments provide some relief on the budget during the construction period · Flexible pricing to meet your construction contract terms Best Suited For: · Those planning to buy land and build within a year · Large dollar home improvement projects Home Improvement Loans Pre-Qualify Online Rates: · Fixed long term interest rate loan with competitive pricing Features: · As little as 5% down payment Benefits: · Buy a home and renovate with one loan · Stable monthly payments for term of loan Best Suited For: · Those who are owner occupants, second homeowners and investors · Those who want to buy a "fixer-upper" Second Mortgage Pre-Qualify Online Rates: · Fixed rate and adjustable rate mortgages Features: · Competitive pricing Benefits: · Use the equity in your home to consolidate higher interest rate loans, purchase automobiles, make home improvements and more. · Does not affect a current low rate first mortgage Best Suited For: · Those with established equity in their homes · Best for shorter term obligations Land Loans Pre-Qualify Online Rates: · Fixed rate or adjustable rate mortgages available Features: · Competitive pricing Benefits: · Buy the land now, build later · Recieve a discount on fees when applying for a construction loan at First Hawaiian Bank within a 1-year period Best Suited For: · Those seeking to invest in land, but not ready to build just yet About Us | Career Opportunities | Bancwestcorp.com | Member FDIC | Equal Housing Lender | Site Map | Contact Us
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REALTOR.com: Real estate listings & homes for sale Welcome, Visitor! Sign Up to: Save Searches Save Listings Sign Up Now! Already a member? Sign In Homebuying Tools Find a Lender Find a Mover Market Conditions Neighborhood Tour Real Estate 101 Buyers Sellers For REALTORS® Resource Center News REALTOR.org Search the Web Select a Top Search: Bad Credit Contractors Homeowner's Insurance Debt Consolidation Interior Design Mortgage Rates Loan Types Rates Points 30-yr fixed 5.74% 0.37 15-yr fixed 5.39% 0.28 ARM 3/1, 30Yrs 4.87% 0.26 Updated: 12/29/2005 12:24:18 PM Check Local Rates Search our national directory of mortgage brokers and lenders. Find a Home Over 2.5 million listings for sale! State/Province AB AK AL AR AZ BC CA CO CT DC DE FL GA GU HI IA ID IL IN KS KY LA MA MB MD ME MI MO MN MS MT NC ND NE NH NJ NM NV NY OH OK ON OR PA PR RI SC SD TN TX UT VI VT VA WA WI WV WY - OR - Minimum Price $0 $500 $1,000 $1,400 $2,000 $5,000 $10,000 $20,000 $30,000 $40,000 $45,000 $50,000 $55,000 $60,000 $70,000 $75,000 $100,000 $125,000 $150,000 $175,000 $200,000 $225,000 $250,000 $275,000 $300,000 $325,000 $350,000 $400,000 $450,000 $500,000 $550,000 $600,000 $650,000 $700,000 $750,000 $800,000 $850,000 $900,000 $1,000,000 $1,250,000 $1,500,000 $1,750,000 $2,000,000 $2,250,000 $2,500,000 $2,750,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 $6,000,000 $8,000,000 $10,000,000 to Maximum Price $1,000 $1,400 $2,000 $5,000 $10,000 $20,000 $30,000 $40,000 $45,000 $50,000 $55,000 $60,000 $70,000 $75,000 $100,000 $125,000 $150,000 $175,000 $200,000 $225,000 $250,000 $275,000 $300,000 $325,000 $350,000 $400,000 $450,000 $500,000 $550,000 $600,000 $650,000 $700,000 $750,000 $800,000 $850,000 $900,000 $1,000,000 $1,250,000 $1,500,000 $1,750,000 $2,000,000 $2,250,000 $2,500,000 $2,750,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 $6,000,000 $8,000,000 $10,000,000 no maximum Beds 1+ Beds 2+ Beds 3+ Beds 4+ Beds 5+ Beds Baths 1+ Baths 1.5+ Baths 2+ Baths 2.5+ Baths 3+ Baths 3.5+ Baths 4+ Baths More Search Options Map Search Hurricane Relief Find or offer immediately available temporary housing to assist Hurricane victims: HurricaneHousing.net Relief.WelcomeWagon.com -- Find a REALTOR State/Province Alabama Alaska Alberta Arizona Arkansas British Columbia California Colorado Connecticut Delaware District Of Columbia Florida Georgia Guam Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Manitoba Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Ontario Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virgin Islands Virginia Washington West Virginia Wisconsin Wyoming From the National Association of REALTORS ® Join REALTORS® in supporting hurricane victims Why Use a REALTOR® With a GRI? Make the most of every moment with FamilyTime, an interactive DVD celebrating the family. Visit REALTOR® Magazine Online Read current NAR Press Releases For REALTORS ® REALTORS Relief Effort exceeds $5.2 million for Hurricane victims, donate now... Enter the Business Success Zone at REALTOR.org! Find out how REALTOR.com can help you secure more listings, sell homes for more and promote yourself and your brand NEW name for NAR member benefits offeringsthe REALTOR Benefits(sm) Program. Learn about the practical, everyday solutions for your professional and personal life! Reach new levels of success with NAR partner, The Pacific Institute! About the National Association of REALTORS ® Representing Home Owners State & Local Associations Real Estate Specialty Organizations Find an Appraiser Find a Commercial Property International Real Estate Search in popular metros: Atlanta | Austin | Boston | Chicago | Dallas | Denver | Houston | Las Vegas | Long Island | Los Angeles | Memphis | Miami | New York City | Orange County | Palm Beach | Phoenix | Sacramento | San Diego | Seattle Site Map | Corporate News & Info | Contact Us | Advertise With Us | Join our staff Terms of Use and PrivacyPolicy . 1995- NATIONAL ASSOCIATION OF REALTORS and Homestore, Inc. All rights reserved. Equal Housing Opportunity REALTOR.com is the official site of the National Association of REALTORS and is operated by Homestore, Inc. REALTOR -- A Registered collective membership mark that identifies a real estate professional who is a member of the National Association of REALTORS and subscribes to its strict Code of Ethics. Inquiries regarding the Code of Ethics should be directed to the board in which a REALTOR holds membership.
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Cottage LINK Land Lots and Acreages for Sale -- -- -- Land/Lots for Sale Click on the Cottage of your choice for more details and photos! Jump to... Prince Edward Island Nova Scotia Quebec British Columbia Ontario - Northwest Ontario - Near North Ontario - Parry Sound/Muskoka/Haliburton Ontario - East/Rideau/Lake Ontario Ontario - Lake Huron and Bruce Peninsula Ontario - Central/Lake Simcoe/South Georgian Bay Newfoundland New Brunswick Alberta USA - Florida Ontario - Kawarthas Ontario - Lake Erie and Niagara -- -- Newfoundland and Labrador Property/Location Price Sheffield Lake $56,900 -- Prince Edward Island Property/Location Price Darnley Shore Estates Various 1-acre lots near Grand Tracadie $10,500 Bothwell overlooking Northumberland Strait $16,500 Wild Duck Cove and Garden Shore Road Cottage Lots From $17,900 -- Panmure Island Lots from $25,000 Northumberland Strait/Chelton Beach $30,000 Colville Bay near Souris $55,000 French Village near Savage Harbour $65,000 North Lake (Gulf of St. Lawrence) $79,000 Charlottetown Area Waterfront $250,000 -- Nova Scotia Property/Location Price Minas Basin (Bay of Fundy) $25,000 8-Acre Building Lot $55,000 Lac Pic - 24 Acres, 590' Waterfront $79,000 55 Acres on Ricker Lake $129,000 New Brunswick Property/Location Price -- Quebec Property/Location Price Gatineau Hills Nature Park From $15,000 Lac Williams Lots from $22,000 Alberta Property/Location Price Crowsnest River near Blairemore $89,500 -- British Columbia Property/Location Price Barkley Sound Oceanfront - Island Property $125,100 Barkley Sound Oceanfront - Island Property $130,000 Barkley Sound Oceanfront - Island Property $134,100 Barkley Sound Oceanfront - Island Property $136,800 Ontario - Northwest Property/Location Price Dog Lake-Missanabie US $40,000 Ontario - Near North Property/Location Price Lake Robillard $35,000 21.7 Acres on House Lake near Kirkland Lake $39,900 41 Acres on House Lake near Kirkland Lake $39,900 75 Acres on Private Yarrow Lake $59,900 Quirke Lake near Elliot Lake $42,500 West Bay on Lake Nipissing $1,250,000 Ontario - Parry Sound/Muskokas/Haliburton Property/Location Price Muskoka River $59,000 Snake Lake near Parry Sound $129,000 Gooderham Lake near Haliburton $179,000 Horseshoe Lake, Parry Sound $230,000 Georgian Bay near Pointe au Baril $259,000 Perry Lake near Huntsville $309,000 Georgian Bay Island, Pointe Au Baril $650,000 Lake Muskoka, 300 Feet of Lake Frontage $1,850,000 200 Acres Near Hunstville $1,875,000 -- Ontario - Kawarthas Property/Location Price Stoney Lake $275,000 -- Ontario - East/Rideau/Lake Ontario Property/Location Price Big Clear Lake near Arden $45,000 Petawawa River, Ottawa Valley From $59,000 Tay River near Perth $59,000 Wood's Lake near Plevna $550,000 Ontario - Lake Huron and Bruce Peninsula Property/Location Price Miller Lake Area Building Lot $39,000 Lake Manitou, Manitoulin Island $86,900 Lake Huron Water View $150,000 Shouldice Lake near Tobermory $279,000 Ontario - Central/Lake Simcoe/South Georgian Bay Property/Location Price Talbot River Waterfront $85,000 The Rapids at Marchmont Near Orillia From $199,000 Ontario - Lake Erie and Niagara Property/Location Price -- USA - Florida Property/Location Price -- Return to the CottageLINK Home Page.