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Curtis D. Harris, BS, CGREA, REB
Bachelor of Science in Real Estate, CSULA
Associate of Arts in Architecture, LACC
State Certified General Appraiser
Real Estate Broker
ASTM E-2018 Commercial Real Estate Inspector
HUD 203k Repair/Rehab Consultant
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FannieMae REO Consultant
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Commercial Appraiser Blog: http://harriscompanyrec.com/blog/
IT'S THE LAW-Designation Discrimination is Illegal [FIRREA, Sec. 564.6]: Professional Association Membership http://www.orea.ca.gov/html/fed_regs.shtml#Statement7 Membership in an appraisal organization: A State Certified General Appraiser may not be excluded from consideration for an assignment for a federally related transaction by virtue of membership or lack of membership in any particular appraisal organization, including the appraisal institute.
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Subject: Landlord - Tenant Distributed July 31, 2015
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Date: Fri, 31 Jul 2015 13:11:43 +0000
Landlord - Tenant Distributed July 31, 2015
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Landlord - Tenant
Weekly Summaries Distributed July 31, 2015
Velez v. Cuyahoga Metro. Hous. Auth.
Landlord - Tenant, Public Benefits, Real Estate & Property Law
U.S. Court of Appeals for the Sixth Circuit
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Velez v. Cuyahoga Metro. Hous. Auth.
Court: U.S. Court of Appeals for the Sixth Circuit
Docket: 14-3978
Opinion Date:
July 30, 2015
Areas of Law:
Landlord - Tenant, Public Benefits, Real Estate & Property Law
The Section 8 low-income housing assistance voucher program, 42 U.S.C. 1437f(o), is administered by public housing agencies such as Cuyahoga Metropolitan Housing Authority (CMHA). Program regulations define “rent to [the] owner” as “[t]he total monthly rent payable to the owner under the lease for the unit. Rent to owner covers payment for any housing services, maintenance and utilities that the owner is required to provide and pay for.” Velez and Hatcher, voucher recipients, entered into one-year leases with K&D. The leases provide: “If Resident(s) shall holdover after the end of the term of this Rental Agreement, said holdover shall be deemed a tenancy of month to month and applicable month to month fees shall apply.” Velez entered into a month-to-month tenancy after her one-year term expired; Hatcher entered into month-to-month tenancies, and, later, a nine-month agreement. K&D charged fees of $35.00 to $100.00 per month. CMHA did not treat these short-term rental fees as rent under the voucher program. Velez and Hatcher were required to pay the fees and filed suit under 42 U.S.C. 1983. The court granted CMHA summary judgment, holding that the fees were not rent. The Sixth Circuit reversed. Recasting the charge as a short-term fee, rather than rent, does not change that it is consideration paid by the tenant for use of the rental unit.
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