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News Room : ENERGY STAR What is ENERGY STAR? | Newsroom Search History Partners News Archive Awards Media Resources PRODUCTS HOME IMPROVEMENT NEW HOMES BUSINESS IMPROVEMENT PARTNER RESOURCES -- Home > News Room -- -- News Room ENERGY STAR in the News What's New: Program Highlights Half of the States Join ENERGY STAR Challenge (December 2005) Half of the states across the nation are joining with the EPA to address critical energy issues in our communities in conjunction with EPA's ENERGY STAR Challenge. Through the ENERGY STAR Challenge, state governments will offer a variety of programs to help building owners assess how much energy their buildings use now, establish efficiency improvement goals of 10 percent or greater portfolio-wide, and make efficiency improvements wherever cost effective. EPA Press Release List of Participating States (87KB) More Information Businesses: Save on Energy Bills this Winter (November 2005) American businesses are experiencing higher than ever energy prices, which are expected to continue this winter. EPA has advice almost any business can take to save 10% or more on their energy bills this winter. The advice shares lessons learned from EPA's ENERGY STAR partners who have saved through simple steps and adopted longer term energy management strategies with even greater savings. If every business in the US saved 10% on their energy bills, Americans would save about $10 billion and reduce greenhouse gas emissions equivalent to those from 15 million vehicles. EPA Press Release Advice for Saving Energy EPA Recognizes 18 Leading Organizations for Efforts to Cut Energy Bills (October 2005) On October 26, EPA Administrator Stephen Johnson recognized 18 organizations as ENERGY STAR Leaders for achieving significant energy savings and leading their industries in responding to EPA's ENERGY STAR Building Challenge. The ENERGY STAR Commercial Building Challenge, launched in Spring 2005, encourages building owners and managers to make their buildings at least 10% more efficient. EPA Press Release Fact Sheet (66KB) Leader Profiles (36KB) More Information on the ENERGY STAR Challenge Save Energy this Winter with help from ENERGY STAR (October 2005) In the face of higher energy bills this winter, the EPA encourages everyone to take action in their home to be more energy efficient. The average American household spends $1,500 annually on energy bills — a number that may go up as much as 50 percent this year. EPA offers five places to look and practical advice for home energy savings. EPA Press Release Home Energy Quiz (240KB) More Information K-12 Schools take the ENERGY STAR Challenge (October 2005) Ten leading associations representing state school boards, superintendents, principals, facility planners, parents, and teachers are joining with the EPA to address critical energy issues in our nation's K-12 schools. Currently, the nation's more than 17,000 K-12 schools spend $5 billion on energy bills each year. However, school districts can save up to 30 percent on their energy bills through cost-effective energy efficiency improvements. Through the ENERGY STAR Challenge, school decision-makers assess how much energy school districts use now, establish efficiency improvement goals of 10 percent or greater district-wide, and make efficiency improvements wherever cost effective. EPA Press Release Fact Sheet (82KB) Participants List (62KB) More Information EPA and DOE Announce ENERGY STAR Change a Light Day (October 2005) EPA and DOE, together with more than half of US Governors, declared October 5th ENERGY STAR Change a Light Day, and encouraged every American to change a light in their home to one that is more energy efficient. Lighting accounts for 20 percent of a home's electricity costs. ENERGY STAR qualified bulbs reduce household energy bills because they use one-third the energy of traditional lighting and last up to 10 times longer. This small step can make a big difference for our nation's energy resources and environment. EPA Press Release Campaign Fast Facts (98KB) Governors Declaring ENERGY STAR Change a Light Day (307KB) 250+ Participating Organizations (628KB) Take the Pledge EPA Raises the Bar for New Homes to Earn ENERGY STAR Label (September 2005) Builders of new homes in the United States will have to significantly increase the energy efficiency of their homes to meet the new ENERGY STAR requirements which take effect July 1, 2006. To qualify under the revised ENERGY STAR specifications, new homes must have higher levels of insulation inspected for proper installation; complete framing and air barrier assemblies that enable insulation to perform at its full rated value; windows that meet or exceed ENERGY STAR requirements; high-efficiency and properly sized heating and cooling equipment appropriate to the climate; and more energy-efficient water heating, lighting and appliances. EPA Press Release More information ENERGY STAR Annual Report Released (September 2005) EPA recently released its annual report summarizing the success of ENERGY STAR and other voluntary climate protection programs. The report summarizes the accomplishments of these programs for 2004. For example, Americans, with the help of the ENERGY STAR, avoided greenhouse gas emissions equivalent to those from 20 million automobiles – up from 18 million in 2003 – while saving $10 billion on their energy bills. EPA Press Release 2004 Annual Report (1.27MB) New Partnerships for Home Energy Efficiency Announced (July 2005) On July 11 the EPA, DOE and HUD announced a new multi-agency effort, the Partnerships for Home Energy Efficiency, to bring greater energy efficiency to the U.S. housing market to save 10 percent or more on home energy bills over the next decade. A 10 percent savings would total almost $20 billion a year, help increase the affordability and comfort of homes, reduce demand for natural gas by more than 1 quad, avoid the need for 40 power plants and avoid the greenhouse gas emissions equivalent to those from more than 25 million vehicles. Home Performance with ENERGY STAR plays a large role in delivering these savings to consumers. EPA/HUD/DOE Press Release Report: Partnerships for Home Energy Efficiency (3.00MB) Overview Fact Sheet: Partnerships for Home Energy Efficiency (247KB) Home Performance with ENERGY STAR (141KB) ENERGY STAR Products for American Homes (186KB) Quality Installation for Air Conditioning Equipment (109KB) Case Studies: Home Performance with ENERGY STAR Aurora, CO (137KB) Austin, TX (131KB) Fresno, CA (214KB) Ithaca, NY (216KB) Manlius, NY (88KB) St. Louis, MO (146KB) Suwanee, GA (108KB) EPA Announces Energy Performance Indicator for Auto Assembly Plants (June 2005) The energy efficiency of automobile assembly plants can now be rated on a national basis. EPA has recently made available a tool to help the automobile industry evaluate the energy performance of its assembly plants. This tool, the first of its kind for a manufacturing facility, compares the energy efficiency of any assembly plant producing passenger cars, light duty trucks, sport utility vehicles, and vans in the U.S. to that of the entire industry. EPA Press Release Auto Assembly Plant Energy Performance Indicator EPA Offers Smart Ways to Stay Cool this Summer (June 2005) Energy use escalates when hot summer days set in across the nation. EPA's ENERGY STAR program is offering advice this summer on how to save money, remain cool and comfortable and help reduce the risks of global warming – all at the same time. Advice includes keeping your air conditioner maintained, using a programmable thermostat, sealing up gaps and cracks in the home envelope, and replacing old equipment with products that have earned the government's ENERGY STAR for energy efficiency. EPA Press Release EPA's Guide to Energy Efficient Heating and Cooling (663KB) Cool Your World Fast Facts (English) (150KB) Cool Your World Simple Steps (English) (44KB) Cool Your World Fast Facts (Spanish) (68KB) Cool Your World Simple Steps (Spanish) (49KB) New Water and Wastewater Industry Focus Announced (May 2005) EPA is launching a new initiative to increase the energy efficiency of U.S. drinking water and wastewater systems, with participation from more than 20 leading organizations. The new ENERGY STAR Water and Wastewater Industry Focus will work over the next year to develop an energy performance rating system, a guide to assessing energy efficiency opportunities, strategies for superior energy management, and innovative approaches to financing energy efficiency projects for each of the two industries. This new ENERGY STAR focus is part of a series of efforts to improve the energy efficiency of selected industries. EPA Press Release Fact Sheet (55KB) EPA announces ENERGY STAR Building Challenge (March 2005) EPA joined with more than 20 leading associations, States, and businesses to announce a national challenge for the owners of commercial and institutional buildings across the country. The ENERGY STAR Challenge encourages building owners to improve the efficiency of their buildings by 10 percent or more and to capitalize on the environmental benefits and cost savings that will result. EPA Press Release List of organizations partnering with EPA More information 2005 ENERGY STAR Awards (March 2005) EPA and DOE are recognizing 50 organizations as winners of the 2005 ENERGY STAR Partner of the Year Awards. These organizations have made outstanding contributions to reducing greenhouse gas emissions through energy efficiency. EPA and DOE sponsor these awards annually to recognize energy efficiency investments made by ENERGY STAR partners that saved consumers money while helping the environment. The Partners of the Year are selected from the over 7,000 ENERGY STAR partners based on their efforts to utilize energy-efficient technologies, communicate the benefits of energy savings to consumers and businesses, and encourage others to partner with ENERGY STAR. This year's award winners include Lowes Companies Inc., Food Lion, Pardee Homes, USAA Real Estate and 3M. EPA Press Release List of 50 award winners (15KB) More on Awards EPA's Public Service Announcement (PSA): 2005 ENERGY STAR Awards (2.84MB) International Power Supply Design Competition Winners Announced at Applied Power Electronics Conference and Exposition (APEC), Austin, TX, March 6-10, 2005 (March 2005) On March 7, 2005 at APEC's plenary session, the U.S. Environmental Protection Agency (EPA) and the California Energy Commission announced the winners of Efficiency Challenge 2004, an international design competition for power supply efficiency. Twelve winners were selected, including two Grand Champions: Power Integrations in the Market Ready Category and Hong Kong Polytechnic University in the Open Category. All the winning entries are more energy efficient, and in many cases radically smaller than typical power supplies on the market today, demonstrating what is possible in future consumer electronics products. Efficiency Challenge APEC Presentation (62KB) Andrew Fanara, EPA, Andy Williams, ON Semiconductor, and Peter Schwartz, representing the California Energy Commission Andrew Fanara, EPA, Balu Balakrishnan, Power Integrations, and Peter Schwartz, representing the California Energy Commission Andrew Fanara, EPA, Speaking at APEC 2005 Product Picture, Power Integrations, Winner of Best in Class A1, Market Ready Grand Champion EPA Efficiency Challenge Press Release (62KB) Judging Criteria Fact Sheet (55KB) Efficiency Challenge 2004 Judge Bios (33KB) Efficiency Challenge Winner Fact Sheets (162KB) ENERGY STAR Qualified Homes Near 10 Percent of Housing Starts Nationwide (March 2005) Nearly 10 percent of all homes built in 2004 earned the ENERGY STAR label. According to a recently released report, A Decade of Change in Home Building with ENERGY STAR (2.36MB), since 1995 over 360,000 of the Nation's new homes have earned the ENERGY STAR, saving homeowners an estimated $200 million and eliminating approximately 4 billion pounds of greenhouse gas emissions. EPA Press Advisory Report: A Decade of Change in Home Building with ENERGY STAR (2.36MB) More information on ENERGY STAR Qualified New Homes Almost 2,000 Buildings Have Earned EPA's ENERGY STAR (January 2005) As of January 1, 2005, almost 2,000 of the nation's most energy efficient buildings, representing almost 400 million square feet, have earned EPA's ENERGY STAR designation for superior energy performance. The buildings qualifying as ENERGY STAR use about 40 percent less energy than average buildings without compromising comfort or services. Press Release List of buildings (2.14MB) More information ENERGY STAR Awareness Climbs to Over 60 Percent (February 2005) Public awareness of ENERGY STAR has jumped to 64 percent of U.S. households, according to a recent nationwide survey. In many major markets where local utilities and other organizations use ENERGY STAR to promote energy efficiency to their customers, public awareness of ENERGY STAR is even higher, averaging 74 percent. EPA Press Advisory (14KB) Survey Report (1.58MB) Energy-Efficient External Power Adapters Can Now Earn the ENERGY STAR (January 2005) On January 6, 2005 EPA announced that the ENERGY STAR is now available for qualifying external power adapters. Power adapters, also known as external power supplies, are used to power many electronic products such as cell phones, PDAs, digital cameras, camcorders, MP3 players, routers and other electronics and appliances. As many as 1.5 billion power adapters are in use in the U.S. – which is about five for every person. The new guidelines for power adapters will help reduce greenhouse gas emissions; in the U.S., more efficient adapters have the potential to save over 5 billion kilowatt hours (kWh) of energy and prevent the release of more than 4 million tons of greenhouse gas emissions the equivalent to taking 800,000 cars off the road. Press Release More on Power Adapters Photos: CES Show , EPS Booth New ENERGY STAR Monitor Specification (January 2005) Beginning January 2005, computer monitors must meet more energy-efficient requirements to qualify for the ENERGY STAR label. For the first time, the specification addresses energy consumption while monitors are in use, as well as while they are idle. Many models on the market already meet EPA's new specifications. By 2010, EPA estimates that the new requirements will result in carbon emission savings of almost 5 million metric tonnes (carbon equivalent), or the equivalent of taking more than 3 million cars off the road. The previous computer monitor requirements called for only a "sleep mode" energy-saving function. Press Release More Information News Archives Press Contact: Maria T. Vargas, (202) 343-9451 Consumer Contact Information: energystar@optimuscorp.com 1-888-STAR-YES Products | Home Improvement | New Homes | Business Improvement | Partner Resources Newsroom | Privacy | Contact Us | Site Index EPA Home EPA Search DOE Home DOE Search



Las Vegas Real Estate

Las Vegas Homes | Real Estate Las Vegas Real Estate and Homes Las Vegas Homes Search Homes New Homes Resale Homes Highrise Condos Rentals Homes by City Las Vegas Henderson Boulder City Mesquite Pahrump North Las Vegas Mount Charleston Las Vegas Communities Aliante Anthem Camino Del Norte and Elk Horn Canyon Gate Centennial Hills Desert Shores Green Valley Green Valley Ranch Lake Las Vegas MacDonald Ranch Painted Desert Peccole Ranch Queensridge Red Rock Country Club Rhodes Ranch Seven Hills Siena Solera at Anthem South Valley Ranch Southern Highlands Summerlin Sun City Aliante Sun City Anthem Sun City Summerlin Sunset Village The Lakes Foreclosures HUD and VA Bank Repos Knowledge Center MLS map Home appreciation Real Estate Glossary Airport Noise Map Las Vegas Blog Las Vegas Photos Search New Homes Search Resale Homes FLASH REPORT: Daily Email Updates. Sign up here! Search about 5,000 RESALE homes in Las Vegas and Henderson. Online database with all resale homes available. We will send you detailed information about any house you will like (including address, directions, picture and detailed description). You can also search all NEW homes for sale. The Top Builders in Las Vegas - See Photos and Floor plans - Visit the Communities - Request a List of Homes that match your Criteria. Everything about buying home in Las Vegas High-rise condominiums - Description of the Las Vegas Communities - A few easy steps to buy your new home - MLS Las Vegas (Multiple Listing Service) - 2003 Home & Condos Sales Report! - International Real Estate Buyers Las Vegas House Values What is CMA (Competitive Market Analysis)? How to get CMA by email for free? If you're planning to sell your home in the next 12 months, this FREE service is designed to help establish your home's current market value or suggested listing price. This service is available for sellers only. For your current Home Value click here! One time flat fee to sell your home . New program offer. Only $2,995 Sell your home for low 1.9% commission including advertising and full service. Your house will be advertised on REALTOR.com, BuyVegasHome.com, Yahoo.com Real Estate Classifieds, Homeseekers.com, LasVegasRealtor.com and other websites. Read more about our marketing plan . We will pay for the best quality and the most expensive virtual tour available on the market (iPIX with true 360x360 view). We will also put your house in to the MLS and will take care about paperwork with transaction. Read complete information about our winning marketing plan... How to set Listing price? In setting the list price for your home, there are several things to consider. Try to think like a home buyer. Based on a list of houses for sale in your neighborhood, buyers will determine which houses they want to view. Read here about how to set listing price . Financing & Loans Read about 100% financing loans We've got you covered: - 100% Interest only from 600 credit score, 1 day out of bankruptcy okay - Interest Only from 560 credit score, 1 day out of bankruptcy - 100% Stated Income Loans - No Doc Loans from 720 - First time homebuyer from 580 credit score - 95% loan with a 540 credit score Frequently Asked Questions about Financing Commercial real estate , office space lease, retail space and land - Commercial Lease and Tenant Representation - Investment Real Estate - Land Acquisition and Sales Contact us for buying or selling home Shawn Phillips Call: 702-279-3512 Richard Teausaw Call: 702-215-1549 Diane Moon Call: 702-245-8950 Las Vegas Homes - Las Vegas New Homes - Las Vegas Resale Homes - Las Vegas Homes for rent - Sell your house Please stop by at our office 5348 Vegas Dr. Las Vegas, NV 89108 Call toll-free: (800) 380-2215 John Vanhara President & Broker Office: (702) 212-3513 Email: info@millionsaver.com Considering a career in real estate? You've just found the company that's continuing to set new standards in Las Vegas' evolving real estate market! There are incredible opportunities waiting for you! © 2002-2005 MillionSaverHomes.com. All rights Reserved



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Land for sale in Montana - Montana Land Sale | Site Map | Contact Us | This Site was Last Updated 12/28/2005 Bill Walker Realty 406-443-3424 For Montana Land information, Call Me Today at:406-492-7581 . Email: Bill Thomas Farm and Ranch Real Estate Ranch for Sale Land for sale in Montana Farm & Ranch Cattle Ranch for sale About Bill Montana Links Property Inquiry Agricultural News Telegraph Creek flows through this property Visitors to this site Best viewed with Internet Explorer at 800 x 600 resolution. Group Tour Planning for Montana Kids in Montana Lewis & Clark in Montana Montana Official State Web Site Winter Things to Do in Montana Land For Sale Bill Thomas, Montana Realtor Here is a place to find western Montana real estate help. Bill is here to find Montana land for sale. If you looking for real estate around the continental divide in Montana let Bill help you with your real estate needs either selling or buying. To b e the owner of land, that is a deep-seated desire for most of us and there are some great places to be found in Montana. The pleasure of climbing around your own property, taking care of your own land and building your own special place to live is one of the singular rewards of working hard and doing well. My greatest gift in life has come from helping people enjoy some of this part of Montana's wonderful and scenic properties. There are ranches with timber, lakes, rivers, creeks, mountains and valleys for sale in Montana, we just have to find them. I will help you find homes for sale and area information for Helena, Elliston, Avon and Deer Lodge, Montana. I have the real estate buying and selling knowledge, relocation help, and mortgage information you need to make your buying decision knowledgeable and pleasant. Learn more about me. Folks return time and again just to four wheel, hike, cross country ski or just explore the mountains and trails within a short drive of Helena. Extending from Helena, you will find, in nearly every direction are over 200 miles of trails leading to ghost towns, high mountain ridges and lakes, plus unlimited exploring on thousands of acres of national forest. If you would like to own your piece of Montana land just pick up your telephone and call Bill at 406-492-7581 or e-mail him at Montana Land For Sale The Helena area of Western Montana is a delight of confer covered hills that is mostly private land although there are many public lands in the area too. The wildlife, both fish and game is plentiful and in some areas abundant. Both mule deer and white tail deer inhabit Western Montana and the hunting season for both these species is open to resident and non-residents of Montana. The elk herds of Western Montana yield Boone and Crocket and Pope and Young trophies every year. The major blue ribbon trout fishing rivers of this part of Montana include: Madison River, Bighole River, Jefferson River, Ruby River, Gallatin River, Missouri River, Yellowstone River, Little Blackfoot River, Blackfoot River, Clark Fork, Bitterroot River, Flathead and they all have super trout fishing. Want a Montana Cabin Rental ? Bill Smith has a log home for rent just east of deer Lodge. For a great cup of coffee we use Beacon Beverage Systems and have not been disappointed yet. If you need Montana Elk Hunting Outfitters or a trophy elk antler to mount try Elk antler for sale . The n for a taxidermist go to Montana Taxidermy School . RealEstate4.com - The Real Estate Directory



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Science/AAAS | Scientific research, news and career information Jump to: Page Content , Section Navigation , Site Navigation , Site Search , Account Information , or Site Tools . You are seeing this message because your web browser does not support basic web standards. Find out more about why this message is appearing and what you can do to make your experience on this site better. Site Tools Site Search Site Area Science Magazine News STKE SAGE KE Science Careers All HighWire Journals Terms Advanced Account Information Guest Alerts | Access Rights | My Account | Sign In Site Navigation Readers Members Authors Librarians Advertisers Current Issue Special Video Presentation: Evolution in Action Podcast: The Runners-Up Complete Breakthrough Index Previous Issues Science Magazine Home Science Express: Advance of Print Stem Cell Controversy South Korean Cloning Researcher Resigns Building a Better Chemical Trap More Cloning Researcher: Work Flawed but Results Stand Putting the Fingers on Gene Repair More News Summaries Voltage-Gated Ca 2+ Channels and Calmodulin Calcium Signaling and Ion Channel Sites and More More Loose Chromosomes Sink Cells Harnessing Hormonal Signaling for Cardioprotection More Next Wave's Best of 2005 Evolution: Getting in on the Action More Articles Find a New Job Get Funding Attend a Career Fair Employers: Post a Job Explore by Subject Medicine/Diseases Geochemistry/Geophysics Neuroscience View All Subjects Explore Special Features NetWatch Essays on Science & Society Books et al. View All Collections Experience Science your way with our new research tools. Sign in to find out. User Name Password Forgot Password? Register Today AAASMember.org AAAS Bookstore Science Products For Readers For Authors & Contributors For Librarians For Advertisers Reprints & Permissions Order an Article/Issue Science Japanese Gateway Science Table of Contents in Japanese (from Tanabe Seiyaku) Science Chinese Gateway ADVERTISEMENT ADVERTISEMENT To Advertise | Find Products Magazine | News | STKE | SAGE KE | Careers | Collections | Help | Site Map Subscribe | Feedback | Privacy / Legal | About Us | Advertise With Us | Contact Us © 2005 American Association for the Advancement of Science. All Rights Reserved . You have reached the bottom of the page. Back to top



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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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