
MOLD
According to a study "Adverse Human Health Effects Associated
with Molds in the Indoor Environment" from the 6,000-member
American College of Occupational and Environmental Medicine, current
scientific evidence doesn't support the belief that mold in homes,
schools or office environments has harmed human health. This is
good news for property owners, seeking some shelter from tenant
lawsuits. Hopefully, more studies like this one will bring about
a return to mold related loss insurance coverage. The study further
stated that only 5% of the American population should show any
clinical illness to mold. Furthermore, outdoor molds are generally
more abundant and important in airway allergic disease than indoor
molds leaving the latter with an important, but minor overall
role in allergic airway disease. Outdoor molds are much more dangerous
to people.
GREENSPAN TALKS ABOUT THE REFINANCE OF EXISTING LOANS ISSUES
On
February 11, 2003, Greenspan stated in his Congressional testimony
before the U.S. Senate Committee on Banking, Housing and Urban
Affairs.that he was not worried about the fact that American households
are engaging in cash-out mortgage refinancing in larger and larger
amounts. There exists today, the largest rise in homeowner cash-out
mortgage refinancing ever in our nations history. What is happening
is that home owners are using refinancing of their homes as a
cheap source of funds, to obtain money to use for personal elective
uses. Rather than rely upon credit cards or savings, home owners
are now borrowing against their homes, and using the money for
non-home related purposes. Greenspan has no idea when the rise
will end, but he is sure that it will quit when interest rates
start to rise. Clearly, this refinancing is fueling the consumer
spending we are seeing across the country. Greenspan admits that
mortgage debt is "high by historical norms" relative
to household income. But is not worried about it. He believes
that given the low interest rates the home owners have to pay,
the interest verses income is still very manageable. Greenspan
went on to state that the economy will not get better until capital
spending increases, and that will not happen until the war in
Iraq is finished. The looming war with Iraq is the number one
blockade to economic growth.
IS THERE A HOUSING BUBBLE?
There has been a 9-year increase in housing prices, and it may
be time that it comes to an end. Not sudden, but slowly. As the
economy gets worse (if it gets worse) and as people lose their
jobs, they will stop buying homes. Thus the Bubble is based on
unemployment numbers to a large extent and also on interest rates.
People who get fired do not buy homes. Recent unemployment figures
however, have shown an increase in the number of jobs (which is
positive) and whether this trend continues will dictate to some
large extent the future prices of real estate. Some parts of our
country, especially in the southern states, have shown decrease
in single family housing prices. House sales according to the
National Association of Realtors, for 2002 were far in excess
of 2001. Total sales were 5.5 million units for 2002 and only
5.3 million sales in 2001. The association is forecasting a modest
increase in mortgage interest rates, a somewhat slower pace of
house sales and a more moderate rate of house price appreciation
in 2003.
TRAVIS
V. COUNTY OF SANTA CRUZ
Case No. S109597,
Supreme Court of California
This case discusses whether there should be a statute of limitations
as to unconstitutional laws. Owners filed their opening brief
on December 12, 2002 on behalf of Steven Travis. ACTION is going
to file an amicus brief soon. ACTION does not believe that there
should be a statute of limitations for an unconstitutional law.
Such a concept is against an orderly form of government. If cities
can argue that no one is allowed to challenge their laws after
they have been on the books for more than one year, all types
of abuses would occur.
STATUTES
INTRODUCED IN 2003
(JUST WHEN YOU THOUGHT IT WAS SAFE)
There
is a new bill, SB 178 (Senator Cedillo), introduced in February
2003 into the State Senate. It would allow government entities
(cities, counties, etc.) to impose strict rent control on any
new dwelling unit, specifically, where the rent is "restricted
pursuant to a requirement of a public entity that requires developers
of new or rehabilitated units to restrict the rents and income
of occupants for a portion of the units." This language gives
carte-blanche to local governments who want to require strict
rent control in exchange for permission to build or refurbish
dwelling units. The Costa-Hawkins Actþ gave property owners
the right to set rent levels on new units and on all units after
a bona fide vacancy occurs, with a few exceptions to allow for
such things as density bonus incentives and Section 8 contracts.
It excluded from rent control ordinances any new units, so that
new construction was not discouraged by strict rent control.
The
new bill SB 178 would remove that protection from rent control
of new units and of newly rehabilitated units. The new language
added to Costa-Hawkins is as follows: "(4) The rent of the
dwelling unit is restricted pursuant to a requirement of a public
entity that requires developers of new or rehabilitated units
to restrict the rents and income of occupants for a portion of
the units." 

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