Archive for September, 2007

Why do design-review boards insist on ‘Disneyfying’ cities?

Friday, September 28th, 2007

Today’s city planners are terrified by the prospect of a blank wall. They, along with their micromanaging brethren on civic design-review boards, would much rather see a pastiche of meaningless fakery than an honest piece of wall with nothing on it.

The horror vacui of planners and design-review boards is a well-meaning but ill-informed reaction to modern architecture of the postwar era, which has long been pilloried — often quite rightly — for its mechanistic repetition, superhuman scale, and dearth of ornament.

True, bad modernism could be bland, overbearing and humorless. Yet the contemporary response to these shortcomings is just as troubling: It suggests that any amount of phony two-dimensional detailing is preferable to leaving some parts of a building blessedly plain.

Ergo, with planners and design-review types all clamoring for the atmosphere of a halcyon past that never was, developers and their architects dutifully whip up increasingly hammy facades to oblige them. So it is that the strange bedfellows of city planners and big developers are behind the Disneyfication of suburbs and downtowns everywhere.

The trend reaches a pinnacle of frivolity in commercial architecture, which is especially susceptible to both commercializing silliness and bureaucratic meddling. To disguise the large, monolithic structures developers find so vital to profitability, today’s typical shopping street borrows a technique familiar to any mallgoer and turns it inside out. Individual storefronts are appliquéd to a single megastructure and dolled up with cartoonish “traditional” detailing in styrofoam and stucco. The facades march along one beside the other like rows of wallpaper samples. In the very worst offenders, color is in fact all that sets apart one purported storefront from the next — the surfaces are simply carved up with stucco joints, Mondrian style and painted in the colors of the moment.

One need only experience the commercial work of architects such as Florida’s Addison Mizner or Arizona’s Josias Joesler to see that it needn’t be so. Both men created lyrically comfortable shopping plazas — Mizner in the mid-1920s and Joesler in the late ’30s — without resorting to the brazen facadeism typical of today’s work. They did so by creating a host of variations within a single overarching style, and by juxtaposing occasional exquisite detail against generous areas of plain surface. Neither feared the blank wall, because both understood that such contrasts only amplified the power of their work.

In comparison, the sort of frenetic ragbag facades now favored by planners and design-review boards seem more a means of flouting modernism than any sort of quest for timelessness. As New York Times architecture critic Herbert Muschamp put it a few years ago:

“Horror vacui — fear of emptiness — is the driving force in contemporary American taste. Along with commercial interests that exploit this interest, it is the major factor now shaping attitudes toward public spaces, urban spaces, and even suburban sprawl.”

In recoiling from the long shadow of modernist failures, too many planners and design-review officials are simply rushing blindly in the opposite direction. They’ve lost sight of the fact that something — anything! — isn’t always better than nothing.

***

What’s your opinion? Send your Letter to the Editor to opinion@inman.com.

Copyright 2007 Arrol Gellner

Automated exterior lights boost curb appeal

Friday, September 28th, 2007

Whether it’s a softly lit path on a summer evening or the safety and welcoming glow of the front porch light when you come home from work on a dark winter night, exterior lighting adds both safety and curb appeal to any home. To help make the lighting more convenient as well, there are a number of exterior timers and other light activation devices available that will work for just about any situation.

120-Volt Timers: You can easily automate virtually any 120-volt exterior light fixture by simply replacing your existing light switch with a timer. After shutting off the electricity, remove the cover plate and the old switch. Connect the new timer to the existing switch wires, replace the cover plate, and then install the timer cover and knob. The timer has an easy to set dial that turns the fixture on and off at the desired times, as well as an override switch to let you manually turn the fixture on or off as desired.

Low-Voltage Timers: If you have exterior low-voltage lighting, it’s easy to control that by a timer also. The timer is part of the transformer that converts the 120-volt house current to low voltage, typically 12 volts. The timer and transformer are contained within a waterproof housing that mounts anywhere inside or out. Simply connect the low-voltage wiring to the transformer, install the removable timer pins to turn the system on and off at the desired times, set the timer for the current time of day, and plug it in.

Be aware that timer/transformers are rated for a certain number of fixtures, and exceeding the allowed number of fixtures can cause the transformer to overheat or otherwise fail to operate properly. When purchasing or upgrading a transformer, follow the manufacturer’s instructions on sizing the unit to match the number of lights you have.

Portable Timers: Portable exterior timers are great for holiday decorations, party lighting or other outside lights that will be used only temporarily. The timer may come already mounted on a stake, or it may have mounting holes to allow it be attached to a wall or post (avoid just letting it lie on the ground). There is an attached cord on the timer unit that plugs into a 120-volt exterior outlet, and the timer also has one or more grounded receptacles for plugging in the lights or decorations that you wish to control. After that, it’s simply a matter of setting the timer dial to the correct time of day and the desired on and off times for the lights.

Photocells: A photocell is a small electronic device that reads the amount of available daylight it can “see” through its eye. When the circuits detect that the light has fallen below a certain level, it will activate a switch that sends power to the lights it’s controlling. Photocells are ideal for situations where you want the lights to come on at dusk and go off at dawn. Photocells are available in both 120-volt and low-voltage models, depending on what you want to control. They may be built right into a light fixture, or they may be an optional setting on some types of fixed and portable light timers.

Photocells can be added to existing lights, but it requires access to the electrical wiring in the wall. The power line that is feeding the fixture is routed to a weatherproof box, which houses the photocell. From there, the power is routed to the fixture, so that the photocell now controls the power to the light. Remember that photocells can be easily fooled by other ambient light in their immediate vicinity, giving false readings that turn the light off at the wrong time. When installing a photocell control, pay close attention to which way the eye faces, and what other lighting may be in the area that the photocell eye can see.

Motion Detectors: Another method for remotely activating an exterior light is to use a motion detector, which has some advantages and some disadvantages. A motion detector has a wide-angle eye that can detect motion within a set degree of arc that is in front of and to each side of the detector. When it detects the motion, it immediately triggers the light — usually one or two flood lights — to come on.

Motion detector lights work well as security lights where your primary concern is lighting up an otherwise unlit area to illuminate someone who shouldn’t be there. As a primary exterior light, however, they leave an area in complete darkness until a person gets close enough, and then hits them with an unexpected beam of bright light — not the ideal way to welcome your guests.

All of these light timers and other devices are available at home centers, lighting stores and anywhere that electrical components are sold. Complete mounting and activation instructions are included. As with any electrical device, read and follow the instructions carefully, make sure the power is off, and always consult with a licensed electrician if you are unsure how to proceed.

Remodeling and repair questions? E-mail Paul at paul2887@ykwc.net.

***

What’s your opinion? Send your Letter to the Editor to opinion@inman.com.

Copyright 2007 Inman News

Six ways to save on homeowners insurance

Friday, September 28th, 2007

Editor’s note: Robert Bruss passed away on Sept. 26, 2007. This was one of the last real estate columns he wrote. Inman News is publishing Bob’s last work as a final salute to the nation’s most well-known real estate writer.

A few days ago I was chatting with my longtime insurance agent. Among other things he mentioned some good news and some bad news about my homeowners insurance policy.

PurchaseBob Bruss reports online.

He said when my policy comes up for renewal in a few months, because of rising construction costs, he will recommend increasing my replacement cost coverage. That was the bad news.

But the good news, he said, is his company’s insurance rates per thousand dollars insured have come down due to lower losses in my area so the policy cost won’t increase so much after all.

I’ll wait until I get his bill to compare insurance costs with competitive insurers. Over the years, I’ve re-shopped for property insurance every few years to be certain I wasn’t paying too much and that I had adequate insurance for my home. Talking with two or three local insurance agents can be very enlightening.

Although I can usually save on premiums by insuring with a “no name” discount insurance company, I will probably stick with my present insurer because (1) I know where to find my insurance agent and (2) I don’t have confidence in lesser-known insurance companies without local agents.

SIX WAYS TO SAVE ON HOMEOWNERS INSURANCE. Smart homeowners know how to save on their homeowners insurance policies. Here are the primary ways to reduce your homeowners insurance premiums:

1. DON’T INSURE FOR THE AMOUNT OF THE MORTGAGE. Many homeowners blindly insure for the amount of their mortgage balance. The result can be either too much insurance coverage or not enough. The mortgage balance has absolutely nothing to do with how much insurance you need.

Over-insurance usually occurs when high land value (which won’t be destroyed in a fire) is included in the homeowners insurance policy. A better approach is to determine replacement construction costs for your type of house.

Interview at least three local insurance agents. They will be glad to measure your home’s square footage and recommend homeowners insurance coverage.

For example, suppose you have a 2,500-square-foot home and the three insurance agents you consult agree it would cost about $200 per square foot to rebuild your house if it burns to the ground. The result is your homeowners insurance policy should be for $500,000 even if comparable home sales in your neighborhood are around $700,000 including the land value.

Ask each agent about their guaranteed replacement-cost coverage. This policy provision will pay above your policy limit if a major loss occurs.

2. RAISE YOUR DEDUCTIBLE TO LOWER YOUR INSURANCE PREMIUM. If you can afford to pay for small claims yourself without involving the insurance company, raising your policy deductible from $500 to $1,000 will usually reduce your annual premium about 20 percent. If you can afford to raise the deductible to $2,000, your premium savings will be even greater.

3. LOWER YOUR LIABILITY COVERAGE, RAISE YOUR UMBRELLA POLICY COVERAGE. If you have a net worth of more than $500,000, it can pay to lower your homeowners insurance liability coverage and raise your umbrella liability insurance policy to $1 million or $2 million, perhaps more.

For example, several years ago my insurance agent recommended cutting my homeowners policy liability coverage to $300,000. That means if someone is injured on my property because I am negligent, the policy will pay up to $300,000 damages. If the person were seriously injured, then my umbrella insurance policy with the same insurance company takes over and pays up to its policy limit.

Umbrella insurance policies usually cost just a few hundred dollars for $1 million or more of liability coverage. These policies also provide automobile liability coverage if I should be at fault in an auto accident. Be sure to have all your insurance policies with the same company so, in the event of a loss, there is no arguing between insurers.

4. DON’T MAKE SMALL INSURANCE CLAIMS. In case you haven’t heard, some insurers are either nonrenewing or raising premiums for homeowners who file too many insurance claims. If you have a large claim, by all means file an insurance claim. However, if you have a modest loss slightly above your deductible amount, it’s often best not to file a claim and to pay the entire loss yourself.

The number and amount of claims can also be important when you sell your home. If you have filed many claims, your buyer might have difficulty purchasing homeowners insurance because the house is “loss prone.”

To check your home’s insurance loss records or the insurance claims filed on a house you are considering for purchase, on the Internet go to www.myfico.com and then look for the CLUE insurance claim section.

5. CARRY ACTUAL CASH VALUE PERSONAL PROPERTY COVERAGE. A controversial way to save on homeowners insurance personal property coverage is to insure for the depreciated actual cash value rather than the full replacement cost.

That means in the event of a covered loss, such as a fire or theft, the homeowners insurance company will pay only the depreciated cash value of the personal property. However, full replacement-cost coverage, which is more expensive, will pay the full cost of replacing the personal property at today’s prices.

If you have valuable “scheduled items” such as jewelry, furs, artwork and collections, the extra insurance premium can be substantial. It may pay to shop among other insurance companies for separate special coverage on these items.

6. ASK ABOUT MULTIPOLICY DISCOUNTS. Many insurance companies offer savings of 5 percent or more if you have two or more insurance policies, such as automobile and homeowners, with the same insurer. Also ask about other available discounts such as for burglar alarms, smoke detectors and dead-bolt locks.

UNDERSTAND BUILDING-CODE-COMPLIANCE COVERAGE. For a slight extra insurance premium, most homeowners insurance companies offer building-code-compliance coverage. This benefit pays, in the event of an insured loss, to upgrade to today’s building codes.

For example, if your home burns to the ground and you elect to rebuild, the local building codes probably require electrical circuit breakers (rather than fuses) and perhaps fire sprinklers too.

KNOW WHAT IS NOT INSURED. As many homeowners discovered in the last few years, homeowners insurance policies do not provide flood damage coverage. However, your insurance agent can arrange flood insurance. If you live in a designated flood area, your mortgage lender will require a flood policy.

Earthquake coverage is also an extra-cost coverage that is not included in standard homeowner insurance policies. In addition to the high-cost premiums, earthquake policies usually have large deductibles, typically 10 percent or more of the earthquake damage. For this reason, many homeowners living in earthquake areas elect not to purchase this expensive coverage.

CONCLUSION: As smart homeowners know, it pays to re-shop insurance policies every few years with two or three insurers to compare prices, coverages and service. Homeowners should consider the six key methods listed above to save on insurance premiums and, at the same time, improve policy coverages. Further details are available by consulting local insurance agents to compare their homeowner policies.

(For more information on Bob Bruss publications, visit his Real Estate Center).

***

What’s your opinion? Send your Letter to the Editor to opinion@inman.com.

Copyright 2007 Inman News

So Close, Yet So Far Away – On Pricing

Friday, September 28th, 2007

Article found on http://www.realtytimes.com/

by M. Anthony Carr

If I’ve heard it once, I’ve heard a bazillion (which, according to www.AntiMoon.com is an actual English word, but not necessarily a real number) times: “I want to leave in some negotiation room in my price.”

We have statistical evidence (at least in the local MLS here in the Washington, D.C., area, which is the largest multiple listing system in the country) that those who “leave in some negotiation room,” never have to worry about negotiating their price because they never have to face the grueling exercise of lowering their price — because they never sell.

In the real estate world, we have a classification for those type listings: expireds and withdrawns. Pretty much it means they don’t sell because they never hit where the buyers are biting.

A quick search of the MLS reveals that in the last 30 days the Northern Virginia market had 7,915 houses for sale; 876 went to settlement; 820 went under contract; and 1,614 came off the market by either expiring or being withdrawn.

(Granted, many of the withdrawns went from company A to company B, but it still points out that sellers are overpriced and expecting too much for their houses even in the midst of a buyers market. Once they switch companies it is almost always accompanied with a price improvement.)

The sellers who move on down the line with pricing and incentives become “former” owners and move on with their lives. Case in point:

A buyer recently told me her builder representative said the company had a weekend sales bonanza simply to move as much inventory as possible. I checked into it and sure enough, they wanted to sell 1,000 sales over a three-day period. Their prices dropped across the board (already down $36,000 from their base price) and the builder had authorized ANOTHER $10,000 for settlement costs per transaction.

Instead of 1,000 sales, the buyers came in and chewed away 2,100 properties that had been sitting for months nationwide. This particular buyer had walked away from one of their speculation houses three weeks earlier. By waiting, she picked up an additional $22,000 in savings.

Negotiation room? I think not. By biting the bullet, bringing the prices where the fish were biting, they made their money back through doubling their unit sales. It surpassed their goals and surprised everyone on the grassroots level.

So when a seller tells me s/he wants to leave enough room in the asking price for negotiation room, I tell them to take another gander at the statistics. The rationale goes something like this: if home sales are consummating at 3 percent below asking price, then I need to be up 3 percent to get the price I really want. Think about it — if I can price it so that several buyers want it, then I don’t’ have to give up my price. (Review last week’s column.)

If you price right, actually you don’t have to come down at all. Many of the houses in our market area are selling for the asking price. In addition, about 40 percent are selling without the seller providing any closing costs as well. These are the houses belonging to sellers who dared to meet the buyers in the market instead of hoping the buyers would come up out of the market to make an offer.

Forget nudge room, fudge factor, and space for negotiation. Place the house on the market at a bold price — then hold the line. Then, if the buyer wants closing costs — negotiate upward.

There’s always a good market in any market — it’s where the sellers focus on price and condition, rather than their personal bottom line.

Published: September 28, 2007

Mortgage Rates Up For Third Straight Week

Friday, September 28th, 2007

I found this article on www.realtytimes.com… very interesting!!

McLEAN, VA — Freddie Mac (NYSE:FRE) today released the results of its Primary Mortgage Market Survey (PMMS) in which the 30-year fixed-rate mortgage (FRM) averaged 6.42 percent with an average 0.5 point for the week ending September 27, 2007, up from last week when it averaged 6.34 percent. Last year at this time, the 30-year FRM averaged 6.31 percent.

The 15-year FRM this week averaged 6.09 percent with an average 0.5 point, up from last week when it averaged 5.98 percent. A year ago, the 15-year FRM averaged 5.98 percent.

Five-year Treasury-indexed hybrid adjustable-rate mortgages (ARMs) averaged 6.15 percent this week, with an average 0.5 point, down from last week when it averaged 6.21 percent. A year ago, the 5-year ARM averaged 6.00 percent.

One-year Treasury-indexed ARMs averaged 5.60 percent this week with an average 0.6 point, down from last week when it averaged 5.65 percent. At this time last year, the 1-year ARM averaged 5.47 percent.

“Consistent with the direction of 10-year Treasury securities, average rates on 30-year fixed-rate mortgages drifted up in the past week to levels close to those at the beginning of the month,” said Frank Nothaft, Freddie Mac vice president and chief economist. “Also tracking short-term Treasury notes, average rates on 1-year adjustable-rate mortgages (ARMs) dropped by 5-hundredth of a percent. Though it is the fourth consecutive week rates on ARMs have declined, the share of mortgage applications for ARMs has been trending down, and last week reached its lowest level since March 2003, according to the Mortgage Bankers Association.”

“Additionally, existing home sales continued to decline in August to the slowest pace in 5 years to a seasonally adjusted 5.5 million units. Sales of single-family homes slowed in every census region, with the highest impact felt in the Western region.”

Published: September 28, 2007

Disadvantages of having a real estate license

Thursday, September 27th, 2007

Editor’s note: Robert Bruss passed away on Sept. 26, 2007. This was one of the last real estate columns he wrote. Inman News is publishing Bob’s last work as a final salute to the nation’s most well-known real estate writer.

DEAR BOB: I am a beginner in real estate investing. Is it a good idea to get my real estate sales license? Or should I skip being a real estate agent and only be a real estate investor? What about being both an agent and an investor? –Martin M.

DEAR MARTIN: If you want to represent real estate buyers and sellers to earn sales commissions, you will need a real estate license. To qualify for the license exam, you must take one or more basic real estate courses, such as “Real Estate Principles,” depending on the state where you want to obtain your license.

Purchase Bob Bruss reports online.

However, you do not need a license if you want to invest for yourself. Some investors think they will find the best property bargains by having a license and working in a real estate brokerage office.

I thought that when I obtained my real estate broker’s license. However, I quickly discovered the big disadvantage of having a realty license is that other agents with the best investment listings hesitate to bring them to other licensees because then they will have to split the sales commission.

If you need to earn sales commissions for cash flow, you will need a real estate sales license. However, you can earn far greater income as an investor without getting bogged down in the details of representing buyers and sellers.

Also, if you have a sales license, buyers and sellers might be reluctant to do business with you because they fear you have greater real estate knowledge than they do.

My suggestion is to take all the real estate courses available at local community colleges, such as “Real Estate Principles,” “Investments,” “Appraisal,” “Practice,” “Property Management” and “Law.” Then decide if you really want a real estate sales license.

IF NEIGHBOR IS DAMAGING YOUR PROPERTY, TAKE ACTION

DEAR BOB: What are the steps to take when a neighbor’s lot is reconstructed and adverse drainage problems affect the foundation and basement of an older adjacent property? –Thomas F.

DEAR THOMAS: If your neighbor is damaging your property, such as by diverting water toward your lot rather than away from it, you should immediately notify the neighbor of the problem. Perhaps he is not aware his drainage renovations are causing problems for you.

Unless the matter can be resolved quickly on a friendly basis, you should consult a local real estate attorney because legal action may be necessary. You might have to get a court order (called an injunction) requiring the neighbor to divert the drainage water away from your property. Don’t wait. Take action promptly.

CONVERTING RENTAL TO PERSONAL RESIDENCE IS NOT A TAXABLE EVENT

DEAR BOB: We have owned a condominium since 1991 in a golf and ski resort community. It was in a rental pool for many years. But rentals of our unit have recently declined. As we near retirement, we are thinking of not renting it anymore so we can have it for our exclusive use. What are the tax ramifications if we do this? –Katherine B.

DEAR KATHERINE: If you convert the condo from rental status to your personal residence with less than 14 days of annual rental time per year, that is obviously a major change. You will no longer be entitled to deduct applicable rental expenses, such as insurance, utilities, repairs and depreciation on Schedule E of your income-tax returns.

But the change to personal-use status is not a taxable event. You will still be able to deduct your mortgage interest and property taxes, but not the other expenses that you deducted on Schedule E. However, you can rent the condo for up to 14 days per year and Uncle Sam doesn’t want to tax that rental income. For full details, please consult your tax adviser.

The new Robert Bruss special report, “How to Profit from Lease-Options (Rent to Own) Whether You are a Property Buyer, Seller, or Realty Agent,” is now available for $5 from Robert Bruss, 251 Park Road, Burlingame, Calif., 94010, or by credit card at 1-800-736-1736 or instant Internet delivery at www.BobBruss.com. Questions for this column are welcome at either address.

(For more information on Bob Bruss publications, visit his Real Estate Center).

***

What’s your opinion? Send your Letter to the Editor to opinion@inman.com.

Copyright 2007 Inman News

Worst part of long-distance property ownership

Thursday, September 27th, 2007

Question: I own an investment property in Phoenix, Ariz., and since summer 2005 I have been using a local management company. The first year and a half they had the property rented, but the rental home has been vacant for the last four months.

Late last month, I received a call from one of the property management staff indicating that they recently had a prospect look at the property but that person called back and told him that the kitchen cabinets were missing. I immediately told the agent that’s impossible because there were always cabinets in the kitchen. So I told him to send someone to go and check out what really had happened to the property as soon as possible. I received no further communication for a week until another agent called and again said his prospect told him that not only the cabinets were missing but the stove was missing as well. My first reaction to this was how could this be happening? So I asked the second agent please go check out to see what exactly is going on with this property. To my deep disappointment nothing has been done by either agent even though I have repeatedly requested them to find out what happened. I was so concerned that last week I sent an e-mail to a former property manager who is still with the company to help me find out why there was no response and no action was taken to answer my concern. The next day he called and told me that he was at the property and has filed a police report because he said the house has been broken into and burglarized. I wonder what recourse I have against this management company?

Property manager Griswold replies:

Most property management companies have contract language that will indemnify them from liability for third-party criminal acts as apparently occurred at your rental property. So unfortunately you are not likely to have much success in seeking recourse against the property management company unless it was involved in the illegal activity. It seems that your property was burglarized, and that can happen to any property. Your experience is one of the reasons why I strongly advise real estate investors to not invest in income properties that are more than one hour away by car, or unless the rental property is located where they have trusted family or friends or routinely visit on business. Phoenix has a very high number of investor-owned rental properties so it wouldn’t surprise me that criminals know this too and are targeting such unoccupied rental homes. You should file a police report and make a claim with your insurance company. Insurance companies often charge higher rates for rental properties in seasonal areas, or if they are unoccupied they will often cancel coverage so this is another good reason to find a qualified tenant as soon as possible. Your experience demonstrates the logic that a loss is more likely to occur at a rental property that sits vacant for several months. Clearly, having your rental property vacant for so long is tough on the cash flow and thus I would also suggest you hire a new and more aggressive management company.

Hiring a competent property manager is always important even in your own area but critical when investing across the country. You did not indicate why the rental unit sat vacant for so many months, but it likely was the inability of the management company to find a qualified renter at your asking price. I would ask you to consider the fact that it would be better financially to lower your asking rental rate until you find a qualified renter, as a vacant rental unit is only slightly better than one occupied by a deadbeat tenant. Never accept an unqualified renter, and remember that a good renter even at a below-market rental rate is better than a vacant rental unit earning no income and (in your case) actually suffering significant damage. I am sure your unfortunate experience will ring true with some of our readers and will be a reminder for those who brag about their success in investing in rental units in far-away places. Maybe they have great tenants or they just have been lucky so far!

This column on issues confronting tenants and landlords is written by property manager Robert Griswold, author of “Property Management for Dummies” and co-author of “Real Estate Investing for Dummies,” and San Diego attorneys Steven R. Kellman, director of the Tenant’s Legal Center, and James McKinley, principal in a law firm representing landlords.

E-mail your questions to Rental Q&A at rgriswold.inman@retodayradio.com.

Questions should be brief and cannot be answered individually.

***

What’s your opinion? Send your Letter to the Editor to opinion@inman.com.

Copyright 2007 Inman News

Landlord can’t discriminate against family size

Thursday, September 27th, 2007

Q: Our family recently applied for a two-bedroom flat. Seeing that we have a teenage boy and girl, the landlord told my husband and me that the place was too small for us, since the kids would each need a bedroom. We can’t afford a three-bedroom place, and the second bedroom was plenty big for two beds. Can he legally turn us away for this reason? –Helen H.

A: No, he can’t. The federal Fair Housing Act prohibits landlords from discriminating against applicants and tenants on the basis of their “familial status.” Among other things, this means that the landlord cannot make decisions about how families should allocate bedrooms (not only are family sleeping arrangements none of their business, but all too often, landlords make this issue a pretext for turning families away). As long as the space meets minimum size requirements for a sleeping room, as established by your state building codes, it’s none of the landlord’s business who bunks with whom.

If you’re still interested in this rental, consider going back to the landlord and setting him straight — nicely, of course, since it’s possible he’s just clueless. If he sticks to his guns, consider calling your local HUD (Housing and Urban Development) office. You can file a complaint with them, and even do it online. HUD will investigate the matter (or have an equivalent state agency do it for them), and if there’s a basis for your complaint, they’ll attempt to settle the case. If that goes nowhere, it will go before a judge, who has the ability to compensate you; order the landlord to offer the rental; order the landlord to attend fair housing education classes; and more.

Q: The manager at our apartment building just moved, and the landlord asked me if I’d like the job. She’s offering to knock a couple of hundred dollars off the rent, but she’s pretty vague about the details. What should I ask about before taking this job? –Cindy T.

A: You’re wise to be thinking about the details now. First, make sure you’re clear about the responsibilities, and be sure you have the skills and desire to do the work. For example will you be collecting rents, showing apartments, screening applicants, performing janitorial or other maintenance work? Based on what you learn, determine how much time you think the job will take — and compare your estimate with your landlord’s (talk to the former manager, too). If the landlord’s estimate is way below yours and the former manager’s, beware.

The natural next step is to consider the compensation. Using a realistic estimate of how much time the job will take, calculate your hourly pay, and think carefully whether this added responsibility is worth it. A rate that barely tops the minimum wage is not a good deal — and if it’s below the minimum wage, it’s not legal.

If you decide to take the job, ask your landlord for pay, rather than a reduction in rent. If you pay full rent and get an hourly wage, you can stop being the manager without involving your tenancy. And if you spend increasing amounts of time on the job, you can simply bill more hours, rather than asking for a rent reduction (which involves changing your lease).

Make sure your landlord understands that whether she pays you with a rent reduction or direct pay, she must still treat you like an employee. You’ll have to give her a W-4 form (Employee Withholding Allowance Certificate), and you’ll need a W-2 (Wage and Tax Statement) at the end of the calendar year. In most situations, the landlord must withhold a “payroll tax” of 7.65 percent of your gross pay (or rent reduction), and contribute an equal amount from her own pocket, paying it all to the IRS quarterly. You’ll both be spared the payroll tax only if the manager’s unit is on the rental property, the unit is there for the landlord’s convenience (or is required by state law, as some states require on-site managers for properties of a certain size), and living in that unit is required by the landlord as a condition of taking the job. Finally, the landlord must pay unemployment taxes, and may have to contribute to a state unemployment insurance fund.

Q: At the beginning of the school year, my husband and I agreed to be cosigners on the lease that our daughter and her two friends signed with her college-town landlord. Things didn’t work out with the roommates, and our daughter found someone to take her place and moved. We just got a letter from the landlord, advising us that the lease is up and the security deposit isn’t enough to cover the damage and unpaid rent. He’s asking us for $300 more! Do we have to pay this? –Kelly P.

A: Whether you’re still on the hook depends on what that cosigner agreement says. First, understand that you agreed to stand behind a specific lease, with specific tenants. The general rule is that once that lease changes — as it did when your daughter left and someone else took her place — your obligation ends. Unless the cosigner agreement specified that your obligation would continue despite a change in residents or other tenancy terms, you can consider yourself beyond the reach of this landlord.

Be prepared, however, to counter the landlord’s argument that your lease-breaking daughter’s behavior shouldn’t take you out from under your cosigner obligations. You can defeat that by pointing out that when the landlord allowed the new resident to live on the property and began accepting rent from her, he implicitly acquiesced in your daughter’s departure. Thus began a new tenancy (for the remaining original residents, plus the newcomer), and thus ended your obligations under the old.

Janet Portman is an attorney and managing editor at Nolo. She specializes in landlord/tenant law and is co-author of “Every Landlord’s Legal Guide” and “Every Tenant’s Legal Guide.” She can be reached at janet@inman.com.

***

What’s your opinion? Send your Letter to the Editor to opinion@inman.com.

Copyright 2007 Janet Portman

Youngstown Thinks Small As Its Population Declines

Wednesday, September 26th, 2007

By Timothy Aeppel
From The Wall Street Journal Online

Hanging next to city planner Bill D’Avignon’s desk is a giant map of this city, divided into neighborhoods. One is Oak Hill, a gritty enclave just south of downtown. The neighborhood, once densely populated, has lost 60% of its population in recent decades and is dotted with abandoned buildings and empty lots.

Faced with the devastation of Oak Hill and other depressed pockets of the city, Youngstown is trying an unusual approach: Allow such areas to keep emptying out and, in some cases, become almost rural. Unused streets and alleys eventually could be torn up and planted over, the city says. Abandoned buildings could be razed, leading to the creation of larger home lots with plenty of green space, and new parks.

Youngstown, a former steel-producing hub, has been losing residents for years as a result of the closing of most of its steel mills. But rather than struggle to regain its former glory or population, it has adopted an economic-development plan that boils down to controlled shrinkage. By accepting the inevitable, the city says it can reduce its housing stock, infrastructure and services accordingly.

The plan is still in its early stages. As a first step, Mr. D’Avignon and other city planners have divided Youngstown into 127 neighborhoods, and labeled them as stable, transitional or weak. Now they’re working on a customized plan for each one, noting which corners need street signs, which sidewalks need to be repaired and which buildings need to be demolished. The goal is to craft plans for about 30 neighborhoods a year.

Another goal is to wipe away the most obvious blight. The city estimates it will take about four years to bulldoze the biggest eyesores, including about 1,000 abandoned homes and several hundred old stores, schools and other structures.

“The vision is still evolving, but the ultimate result will be to create more open space where there used to be part of the city,” says Mr. D’Avignon.

Talk like that would be considered blasphemy in most cities, where officials are taught to promote growth and development and fight against population decline. Accepting that a city is going to shrink goes against conventional wisdom that a bigger city means more jobs, more taxpayers, more revenue, better education, and better services — in essence, a higher standard of living.

“It’s un-American. It seems like you’re doing something wrong if you’re not growing,” says Hunter Morrison, director of the Center for Urban and Regional Studies at Youngstown State University, who worked with the city to come up with its strategy. But he says the idea is “not really about growth or shrinkage, it’s about managing change.”

Controversial Approach

The approach is controversial. Encouraging and accepting the hollowing out of neighborhoods will, by default and design, hit Youngstown’s poor and minority residents the hardest. About 45% of Youngstown’s residents are black, another 5% Hispanic, and the blight is heavily concentrated in minority neighborhoods, which are slated for the biggest makeovers.

“You always have to ask yourself: ‘What areas are going to be abandoned?’” says John Russo, who teaches labor and working-class studies at Youngstown State. “And most of those are the African-American parts of the city.”

Youngstown has promised not to force anyone to move, which has helped allay some fears in minority neighborhoods.

Others think the idea could be a hard sell. “You have to be skeptical, because it’s really hard to do something like this,” says Frank Popper, a Rutgers University land-use planner who studies regions with population declines. “The one thing you always run up against is that Americans don’t want to be told about decline.”

Youngstown, which has lost half its population since the 1950s, says it needs a radically different approach to halt decay. It’s pointless to try to revive certain neighborhoods, the city’s leaders argue, since the exodus of residents often makes those areas unpleasant and dangerous places to live, leading to further decline.

“The concept of trying to grow out of economic malaise is just not realistic for us,” says Mayor Jay Williams, 35 years old. One of his first official acts after being elected in 2005 was to apply surplus money to demolition in the city.

Although Youngstown is one of the first cities to openly embrace this philosophy, the idea of planning to get smaller is gaining consideration around the world. Earlier this year, the University of California, Berkeley, held a symposium called “The Future of Shrinking Cities” that attracted 100 people from five continents.

In parts of eastern Germany, the government has earmarked some $3.4 billion for tearing down communist-era prefabricated apartment blocks and replacing them with green space, partly in response to an exodus of residents to the West.

European cities are more experienced with the phenomenon of shrinking urban centers, having endured centuries of war and famine that caused many of the region’s great cities to fluctuate in size over time.

A Berlin-based “Shrinking Cities” project, partly funded by the German government, compiles research about urban-population loss. The group says that during the 1990s more than a quarter of the world’s large cities saw population declines, mostly in industrial regions such as eastern Germany and the U.S. heartland, but also in Japan, Russia, and China, where people are moving from remote cities to booming coastal centers.

“The issue is most visible in cities that are concentrated in a single industry, like steel,” says Philipp Oswalt, an architect who heads the German project. Indeed, a similar pattern is now being repeated in a host of other Midwestern cities, including smaller ones such as Muncie, Ind., and Flint, Mich., which have seen huge shutdowns of auto-related plants and subsequent population declines.

Population loss can manifest itself in unexpected places and for a variety of reasons, says Mr. Oswalt. Paris, for instance, has a vibrant center, but is surrounded by rings of industrial suburbs where, in some cases, population is falling. New Orleans was radically downsized in a matter of hours by a hurricane and floods.

The German group has put together a traveling art exhibit on the topic, with works from more than 200 artists in 12 countries. One film profiles a suburban family moving the remains of a loved one from a city cemetery to a nearby township. A painting depicts a neighborhood scene where little remains but a utility pole surrounded by children’s toys. The exhibit recently opened in Cleveland after a run in Detroit, two cities grappling with population declines.

Few cities have adopted a plan like Youngstown’s. The city is a classic “hole in the donut” community — increasingly empty in the middle, but with growing suburbs.

In 1950, Youngstown’s population stood at 168,000. The steel industry was booming and city leaders envisioned Youngstown growing to a quarter of a million people by the end of the century. New neighborhoods were laid out on the fringes of the city in anticipation of growth.

A Tailspin

But by the 1980s, the steel industry had gone into a tailspin as producers faced an influx of lower-priced, foreign-made steel. Today, only a single large steel mill is left and the city’s population has wilted to about 80,000. Most of the mills have been torn down.

Like other Midwest cities, Youngstown tried to find other big employers to replace steel. City officials lured both a state “supermax” prison and a for-profit prison. Other efforts, including redeveloping about 450 acres of former steel-mill sites into industrial parks, have been successful, but not the job-creating dynamos that steel was.

Youngstown is bisected by the Mahoning River, a meandering waterway once lined with the mills. The city has made some headway in recent years, sprucing up downtown buildings, while Youngstown State — located not far from downtown — has invested in new buildings and landscaping. But population continued to decline and abandoned buildings blighted entire city blocks. Property- and income-tax revenue fell, and delinquencies rose.

In 1999, city officials decided they had to come up with a new master plan. The task was assigned to Mr. Williams, then a city planner and now mayor.

“We came up with a simple concept,” he says. “This will be a smaller city, but that doesn’t have to be a bad thing.”

He doesn’t mean physically smaller. Youngstown will never reduce its overall footprint, he says, because political boundaries are too deeply ingrained. Lopping off neighborhoods would likely prompt litigation from residents who don’t want to lose city services. Meanwhile, neighboring suburbs aren’t that interested in annexing Youngstown’s problems.

‘Clean and Green’

But within the city, which sprawls out over 35 square miles, there are sizable areas that can be shifted to other uses, Mr. Williams says. He envisions large blocks of green space throughout the city. The theme of the master plan is to make Youngstown “clean and green,” he says.

The mayor has sharply increased the city’s annual budget for demolition — to $1.5 million this year from $320,000 in 2005. Youngstown is filled with properties that have been essentially abandoned by owners who failed to keep up tax payments. The city places liens on the properties it clears, to cover the cost of demolition, and recently shifted to a policy of trying to negotiate with owners to gain control over such parcels. These blurred ownership lines are one of the reasons the city expects it will take years to reshape many neighborhoods. “At this stage, we’re focused on clearing decades of blight that had built up,” says the mayor.

Tearing things down is relatively easy and is done by many cities. Much tougher is figuring out creative ways to use vacant land and getting residents to accept a new vision for what it means for their city to prosper.

With this in mind, Youngstown in late 2005 asked a group of urban planners to come up with design ideas, focusing on the Oak Hill neighborhood. Planners canvassed the neighborhood, asking residents what they would like to see. The answers surprised them.

Many city planners, for instance, favor creating dense developments. But many Oak Hill residents told them something very different.

“They said that the one thing they liked was that their area was becoming less dense — that there was more space between them and their neighbors,” says Terry Schwartz, an urban planner from Kent State. They weren’t eager to see new housing built either, since many long-time residents fear new units are almost certain to be low-income housing.

Joseph Jennings, a 74-year-old retired steelworker, has lived in Oak Hill since he came to Youngstown in the 1950s from West Virginia to work in the mills. He says he likes the idea of reshaping his neighborhood so it’s less crowded. “It’d help hold up the value of the property and make people more willing to invest,” he says. “It’s a good thing to spread things out — that’s the way people like to live nowadays anyway.”

He built his house nearly 30 years ago, buying a double lot so he would have room for a two-car garage. He notes there are a number of empty lots on his street today.

Norma Stefanik, an urban designer who lives in one of Youngstown’s most desirable neighborhoods, on the city’s north side, says more attention should be paid to basics — such as using existing building codes to pressure landowners to do a better job of maintaining their properties. “A lot could be done just by going after the people who are letting their properties decline,” she says.

Rufus Hudson, an African-American councilman who represents Youngstown’s largely minority east side, knows the areas slated for emptying out are mostly occupied by minorities. But he says the city can’t continue to serve an infrastructure built for a much more densely populated city. “Our population has fallen steadily,” he says, “but we still have 535 miles of roads that have to be kept paved and plowed.”

The forces of demographics are doing much of the clearing for the city. Mr. Hudson estimates that within a decade, about 10% of the residential streets in his district will be empty enough to allow them to be closed.

The city has told residents that it will stop investing resources to redevelop certain areas. City officials say there are many places where streets could ultimately be dug up, street lights taken down, and sidewalks removed in order to create green spaces where there were once densely settled blocks.

While it doesn’t have specifics yet, the city says it expects certain vacant land to be turned into parks or community gardens. Another idea, already taking place to a limited extent, is to take empty parcels on blighted streets and sell them for small amounts to remaining residents — so homeowners who have decided to stay would be allowed to expand their yards or even rebuild their houses to spread out over more than one lot.

The day-to-day task of planning for a smaller Youngstown is handled by Mr. D’Avignon, director of the city’s Community Development Agency, who works out of an office in a converted post-office building downtown. “We have to break the downward cycle,” he says, noting that many people in Youngstown’s stable neighborhoods are hesitant to invest in their homes, because they worry that the blight will eventually engulf them. “There’s a mindset in Youngstown that says, ‘It’s coming my way, the blight is moving this way.’ We have to put a stop to that.”

Email your comments to rjeditor@dowjones.com.

Sales of Existing-Homes Slide Median Price Rises Slightly

Wednesday, September 26th, 2007

By Jeff Bater
From The Wall Street Journal Online

Demand for previously owned homes tumbled in August to the lowest level in five years as mortgage market troubles hurt sales.

Separately, U.S. consumer confidence fell to a nearly two-year low in September, weighed down by a softening labor market and worries over volatility in financial markets and a weaker dollar, according to a report Tuesday from the Conference Board.

Home resales fell to a 5.50 million annual rate, a 4.3% decrease from July’s unrevised 5.75 million annual pace, the National Association of Realtors said Tuesday.

The August resales level was in line with Wall Street expectations. It was the lowest pace since 5.36 million in August 2002. “The credit market freeze in August no doubt contributed to the sales decline,” NAR senior economist Lawrence Yun said.

The median home price was $224,500 in August, up 0.2% from $224,000 in August 2006. The median price in July this year was $228,700.

In a separate report, Standard & Poor’s S&P/Case-Shiller home price index fell in July as 16 of 20 major metropolitan areas saw a decline in annual growth rate.The 10-city composite index fell 4.5% in July from a year earlier, while the 20-city composite index was down 3.9%.

Mr. Yun said the unusual disruptions in the mortgage market, including a significant climb in jumbo loan rates resulted in a fairly high number of postponed or canceled sales. “Lower sales contributed to a buildup of unsold inventory,” he said.

Inventories of homes rose 0.4% at the end of August to 4.58 million available for sale, which represented a 10.0-month supply at the current sales pace. There was a 9.5-month supply at the end of July, revised from a previously estimated 9.6 months.

Existing-home sales tumbled in all regions. Sales dropped 5.2% in the Midwest, 2.0% in the Northeast, 9.8% in the West, and 2.7% in the South.

The average 30-year mortgage rate was 6.57% in August, down from 6.70% in July, according to Freddie Mac.

Consumer Confidence Declines

The board’s index slid to 99.8 from 105.6 in August, leaving it at its lowest mark since November 2005′s 98.3.

Consumers’ assessments of present-day conditions were also lower, dragging this index down to 121.7 in September from 130.1 in August.

The index measuring expectations for business conditions over the next six months also fell, to 85.2 in September from August’s 89.2.

The confidence survey is based on polling of 5,000 U.S. households.

The cutoff date for the survey was Sept. 18, the day the Federal Reserve cut interest rates by surprising half-percentage point in an effort to rescue a sagging economy and restore confidence to shaky financial markets.

“Weaker business conditions combined with a less favorable job market continue to cast a cloud over consumers and heighten their sense of uncertainty and concern,” said Lynn Franco, director of the Conference Board Consumer Research Center. “Looking ahead, little economic improvement is expected and with the holiday season right around the corner, this is not welcome news.”

– Dan Molinski contributed to this article