Issues Databank
Lead-Based Paint Tax Policy Rent Control Sustainable Development Mandatory Housing Inspections and Nuisance Laws Environmental Regulation and Property Rights How to Deal with Media and Influence Public Policy
Lead-Based Paint
Articles from The Small Property Owner
The Politics of Lead by Cassandra Chrones Moore reports on the lead paint controversy in Massachusetts, New York and California highlighting state and local proposals that will adversely impact owners of residential rental property and low to moderate housing stock. The role and influence of lead abatement and child welfare advocates is examined. November 1997
Lead and the Public Sector by Cassandra Chrones Moore, the first of two article examining the threat the lead scare poses to rental housing providers. Lead in residential units has largely disappeared but scare tactics by advocates has led to the first large scale intrusion of the federal government into the private housing market with the enactment of Title X in 1992. October 1997
Policy Insights: Turning Lead into Gold by Tim Ballering, president of the 900-member, Milwaukee-based Apartment Association of Southeastern Wisconsin who outlines a creative and aggressive litigation strategy to get landlords out from under the lead-based paint liability curse. April 1997
Policy Insights. Rehabbing and the Other "Cartels" by Clarence Jones, founder of the Cincinnati Real Estate Investors Association, who shows how the lawyers, the plumbing cartel and the lead removal cartel all lobby for more regulations that enrich themselves but ruin communities. February/March 1997
Reviewing Lead Paint Liability...Maryland Lead Law Update- In this first in a series of state laws on lead-based paint, Alfred Singer, president-elect of the Property Owners Association of Greater Baltimore, examines the effects of the 1994 state law, concluding that it is too early to tell if Maryland's program (in providing limited liability for landlords) is working. October 1996
Lead Poisoning: Is There a Thief Somewhere?- by Alfred Singer, vice president of the Property Owners Association of Greater Baltimore, and Skip Schloming, a sociologist in Cambridge, MA, who review the six major flaws of current public policies on lead paint abatement. January 1996.
Books
Haunted Housing: How Toxic Scare Stories Are Spooking the Public Out of House and Home by Cassandra Chrones Moore.
The phobic concern with safety is undermining the foundation of property rights and personal freedom, the family home. Governmental regulations dealing with asbestos, lead, radon, powerfrequency lines, and dioxin are not only increasing construction and marketing costs, pushing up the price of housing, but frightening buyers and sellers in the bargain. Too often the regulations reflect a bureaucratic obsession with avoiding responsibility, rather than reasoned analyses of risk by respected scientists. The consumer, by insisting on absolute security, has become part of the problem.
Haunted Housing reviews the debates, weighing the costs and supposed benefits of the flight from risk. Avoiding rhetoric, it offers a clearsighted analysis of the specters.
Copies can be ordered from CATO: 800-767-1241: Price $11.95 plus shipping and handling, or through Amazon.com or Borders Books. A book review and excerpts are posted on CATOs web site.
Tax Policy
Information on the Alternative Minimum Tax
View a summary of James R. White's (director of tax administration and justice, GAO) testiony on the AMT before the Senate Committee on Finance, GAO-01-500T, March 8, 2001, General Accounting Office, Washington, D.C.
Articles from The Small Property Owner
Washington Desk. The IRS Must be Reformed by Rep. Bill Archer (R-TX), Chairman, House Ways and Means Committee. November 1997
The Most Dangerous Tax of All by Frank Adler who advises property owners why and how to fight real estate assessments. September 1997
1997 Taxpayer Relief Act Capital Gains Provisions by CPA Paul Berning who provides an analysis of the Tax Act from the small real estate investors perspective and admonishes Congress to quit treating individual real estate investors as second class citizens. September 1997
Taxation by Litigation: The Economics of Tort Reform in Massachusetts by David G. Tuerck, Ph.D., Executive Director of the Boston-based Beacon Hill Institute. June 1997
Gingrich is Right -- Eliminate the Capital Gains Tax by John E. Berthoud, Ph.D. (currently President of the National Taxpayers Union). June 1997
TAX NOTES: Real Estate Capital Gains; and, Stealth Tax on Realty Swaps. June 1997
TAX NOTES: summary of Heartland Institute's study on the changes in government revenue and spending priorities. May 1997
Exposing the Scam: Fighting Politicians' Fraud on Taxpayers by James Tobin, founder and president of the National Taxpayers United of Illinois, who unmasks the scam of politicians offering "lower" property taxes in exchange for raising state income and sales taxes. He also summarizes the NTU's findings of wasteful spending for public education in Illinois which is heavily financed by property taxes. April 1997
The Washington Desk. Sen. Don Nickles (R-OK), Assistant Majority Leader, Discusses the Necessity for Tax Relief. Since 1990, Congress has enacted more than $500 billion in tax increases. Central to Republican efforts to reduce taxes on families and small businesses is the American Family Tax Relief Act which he discusses. February/March 1997
NOTES. Development Impact Fees May Constitute a Taking Under the Fifth Amendment. The viability of impact fees after Nollan and Dolan from New England Law Review, Fall 1996. February/March 1997
Policy Insights. Dr. John Berthoud (currently president of the National Taxpayers Union) reviews the results of the 1996 elections. In The Continued Need to Cut Taxes and Spending, Dr. Berthoud asserts that the most important issue of the recent election was the state of the economy and outlines the rationale for cutting both the size of government and taxes. November 1996
Calculating the Kemp Factor: What Tax Reform Means for Small Property Owners by Peter J. Sepp, Vice President for Communications with the National Taxpayers Union, who provides his insights on the significance of the selection of Jack Kemp as the 1996 Republican Vice Presidential nominee and reviews the recommendations of the National Commission on Economic Growth and Tax Reform (popularly known as the Kemp Commission) in light of the changing political climate. September 1996
Guest Commentary. Phantom Profit: Calculating the Capital "Gains" Tax. Virginia Boatman, a property owner in Cincinnati and chair of the government relations committee of the Cincinnati Real Estate Investors Association, calculates the paper profit on one of her investments and the real loss she would sustain if she sold it under the present capital gains tax treatment. June 1996.
Legal Trends. Inspection Fees: A General Revenue Tax in Disguise by Pennsylvania attorney, Lee Stivale, who unmasks local revenue raising schemes and recounts a successful challenge by landlords in his state. He also advises on what property owners can do short of litigation. June 1996.
Got That Locked-In Feeling? Capital Gains Tax Freezes Asset Transfers by Clifford F. Thies, Ph.D., Durell Professor of Money, Banking and Finance at Shenandoah University in Winchester, VA, who discusses the adverse effects of the current capital gains tax on the distribution of financial and real assets. May 1996.
The Flat Tax: A Primer for Small Property Owners by David G. Tuerck, Ph.D., executive director of The Beacon Hill Institute for Public Policy Research in Boston, MA, who explains the basics of the flat-tax and defines the issues for owners of real estate investment property. April 1996.
The Property Tax in the American Economy by John E. Berthoud, Ph.D., who outlines the reasons why the property tax is the most unpopular tax in America and suggests ways to contain its increases. March 1996.
Tax Reform: Boom or Bust for Property Owners? by Peter J. Sepp, Vice President for Communications with National Taxpayers Union in Alexandria, VA who reviews the findings and recommendations of the Kemp Tax Reform Commission and discusses the implications for owners of real estate investment property. February 1996.
Guest Commentary. The Case for Indexing Capital Assets by Charles Bedolla, a California property owner, who adds another element to the capital gains tax debate. January 1996.
Repeal the Federal Estate Tax by Rep. Chris Cox (R-CA) who outlines the rationale and legislative strategy for total repeal of this confiscatory tax. November 1995.
LINKS
Tax Reform Commission
National Taxpayers Union
Americans for Tax Reform
Rent Control
Articles from The Small Property Owner
Legal Trends. Constitutional Shell Game by Michael Berger, Esq. The California State Supreme Court makes a mockery of a landlords right to rent increase under local rent control, denying a taking because he was still renting out units and receiving rent, albeit inadequate rent. The Court believed the landlord had only suffered a denial of "due process of law," meaning that the property had not been properly taken from him. The court sent him back to the same rent board that had denied the increase. November 1997
Six More Years of Pandering, Privilege and Piracy by Adrian Tiemann, Ph.D. Rent control was extended for six more years in New York and its devastating impact on small property owners, particularly women, is recounted by the founder of POW (Property Owning Women, "still prisoners of World War II.") September 1997
Rent Regulation and Gender Gaps by Adrian Tiemann, Ph.D., president and founder of POW (Property Owning Women, "still prisoners of World War II"). In this powerful feature, case studies and economic data point to the horrible inequities which tortuous rent control laws in New York City have imposed upon women owners for more than half a century. The real agenda of rent control is privilege as the politicians protect a corrupt system in this vote-rich city. January 1997
Manufacturing a "Crisis" by Cassandra Chrones Moore, a public policy specialist, property owner and adjunct scholar at the Competitive Enterprise Institute, who reviews the efforts of Legal Services Corporation and other housing activists to reinstate rent control in Massachusetts, restrict evictions and regulate privately owned moderate income apartments developed with federal subsidies, all under the guise of addressing a housing "crisis." June 1996.
When The Shoe Was On The Other Foot by Gregory R. McConnell of Berkeley, CA, who recounts the dilemma faced by the Santa Monica rent board when its allies, former tenants who became landlords, complained about hardships imposed by rent control. February 1996.
The Price of Freedom by Jon Maddox, author of Ballot Question 9, recounts the story behind the development of the initiative petition in 1994 which rescinded rent control in Massachusetts. October 1995.
Fact Sheet on Rent Control. Federal Solutions. August 1995.
Rent Control Fiats Foster Urban Blight by F. Patricia Callahan outlines the theory and effects of rent control which operate in four states led by Republican governors whose national party is promoting property rights. Insight Magazine, June 5, 1995.
Case Studies of Rent Control in Boston, executive summary. October 1994.
Sustainable Development
Articles from The Small Property Owner
Sustainable Development: Code Word for This is a Stick-up -- Give Me Your Property by Tom DeWeese, president of American Policy Center, who explains this recent phenomenon and what it means for small property owners. May 1997
Federal Regulation is Going Global by James M. Sheehan of the Competitive Enterprise Institute in Washington, DC who reviews the aggressive agenda adopted by delegates to the international Habitat II convention in Istanbul that provides the basis for domestic sustainable development initiatives all under the direction of the New World Order. July 1996
Mandatory Housing Inspections and Nuisance Laws
Articles from The Small Property Owner
Inspections. In the City of Ashtabula, Ohio, Gary Earl, a landlord and retired police officer, and a member of the Ashtabula Real Estate Investors Association discusses his challenge to rental inspections in Ohio. He risked jail time to stand up for principle. November 1997
Legal Trends. Challenging Rental Licensing Requirements by Ed Jaskinia, president of The Associated Landlords of Kansas (TALK) who outlines legal and policy objections to local laws requiring licensing of landlords and consequent mandatory housing inspections or their properties. March 1996.
Legal Trends. Pennsylvania. Annual Inspections: Tenant Fight Tyranny by Local Government. The case of Mary Smith, a tenant in Glenolden, was ripe for consideration by the U.S. Supreme Court. Mary Smith had refused to let a housing inspector into her premises for the annual inspection as required by a local ordinance. The local government obtained a criminal conviction. Mary challenged the ordinance as a violation of her fourth amendment right to be free from unreasonable search and seizure. But the U.S. Supreme Court denied her petition for review. January 1996
Mary D. Smith v. Borough of Glenolden. Mary Smith provides commentary on her situation and a Case Outline.
Annual Inspections. Mary Smith, plaintiff in Smith v. Borough of Glenolden, updates readers on the latest developments in her ongoing battle with local government. April 1997
Landlords Take a Hit Chicago-Style by Dan Adams, Vice President Chicago Property Owners Association shows how a media frenzy is propelling local government to adopt local ordinance to post signs on private property in violation of constitutional principles.
Environmental Regulation and Property Rights
Articles from The Small Property Owner
Protecting Your Property from U.N. Land Use Control by Rep. Don Young (R-AK), Chairman, House Resources Committee. May 1997
Blind Faith by Joanna Waugh of Indiana-based Stop Taking Our Property (STOP), who unravels the often confusing and secretive political web of many mainstream churches and religious organizations that have become apostles of the extremist environmental agenda. April 1997
Legal Trends. The NPS Empire Strikes Back... Citizens Zero ... Bureaucrats ...Six Thousand More Acres! by Don Fife who reveals the shocking pattern of federal seizure of private lands in California. In one instance, millionaire Donald Scott was shot dead inside his own home by federal agents whose warrant was later invalidated by the courts. Two congressmen are leading the battle to restrict seizures and asset forfeitures. April 1997
Legal Trends. 2 BR w/VIEW discusses how sites as small as two-bedroom single lot homes are now coming under the reach of overzealous environmental regulators. The Barretts of Falmouth won attorneys fees for arrogance of power by a regional conservation commission. The Aguirres of upstate New York battled an attempt by New York City to reclassify their 2-bedroom bungalow into a "potential use" four-bedroom home because they live in the NYC watershed area. February/March 1997
NOTES. Development Impact Fees May Constitute a Taking Under the Fifth Amendment! "The Viability of Impact Fees After Nollan and Dolan" is an instructive, informative, well-written and easy to understand article in the Fall 1996 issue of the New England Law Review. All the research is laid out so an aggrieved owner (or his/her attorney) need not reinvent the wheel. See, 31 New Eng. Law Rev. 203, Fall 1996. February/March 1997
Understanding the Takings Issue by former Vermont state senator, John McClaughry who outlines the basics of what "regulatory takings" means in terms of property ownership and the right to compensation. January 1997
Legal Trends. Government Pays $3.1 Million to Settle Takings Claim Based on Endangered Species Act by Geoffrey Willis, Esq., who recounts the victory of his clients, the Morgers of Riverside County, CA, over the Stephens Kangaroo rat. January 1997
Legal Trends. A Well Intended Law Gone "Loco" by Don Fife, consultant to the American Land Rights Association, who reviews the expansive EPA designations of "endangered species" to include rats, flies, cockroaches and noxious weeds. This puts property owners and entire communities at risk for huge fines (and for some, jail time) under the banner of "environmental mitigation," all based on faulty science. September 1996
Legal Trends. Restrictions on Use Can Amount to a Taking discusses the significance of a recent decision, Daddario v. Cape Cod Commission, from the Massachusetts Land Court. Relying on precedents established by Lucas and Dolan, the court held that a "taking is not limited to situations where all economic benefit or viability is lost. A partial loss may also be a taking." July 1996 (Postscript: the decision was overruled by the state supreme court. Certiorari to the U.S. Supreme Court was not granted. AASPO had signed as co-amici on a brief asking for the review.)
The Washington Desk. Protecting Private Property from Federal Government Intrusion: the Omnibus Property Rights Act by Sen. Orrin Hatch (R-UT), chairman of the Senate Judiciary Committee, who explains his bill, S. 605, to compensate property owners for regulatory takings. (Postscript: This was the cornerstone of property rights legislation in the 104th Congress but never passed then or subsequently.)
Legal Trends. Allergic to crazy government regulation? See how a perversion of the Fair Housing Act nearly bankrupted a community association in suburban Virginia. A tenant had claimed a disability due to "Multiple Chemical Sensitivities." But even though MCS is not recognized as a clinically defined disease according to the World Health Organization, the association still had to pay dearly. May 1996
Books
Lucas vs. The Green Machine, by David Lucas. Lucas had been denied a building permit on his shorefront property in South Carolina. In its landmark 1992 decision in Lucas v. South Carolina Coastal Council, the U.S. Supreme Court decided that the countys re-zoning amounted to a "taking" of Lucas property for which he must be compensated. Transformed by the experience, Lucas became an apostle of the property rights movement, delivering his poignant message across the country. His popular book, Lucas vs. The Green Machine, recounts his gutsy and historic fight against the bureaucratic forces that threatened his fulfillment of the American Dream, a fight he waged and won not only for himself and his family but also for all Americans seeking to climb up the economic ladder. Contact David Lucas at DHLucas@worldnet.att.net.
Property Matters: How Property Rights Are Under Assault -- And Why You Should Care by James V. DeLong goes beyond the horror stories and puts the controversy over property rights into a broader context of history, political philosophy, and basic economics. He chronicles the rise of the burgeoning property rights movement, which is uniting Western farmers and ranchers, suburban homeowner, urban landlords as well as large and small real estate investors, into a powerful political force. Contact Jim DeLong at jdelong@regpolicy.com. Published by Free Press. See promotion on site of Oregonians in Action.
This Land is Our Land: How to End the War on Private Property by Congressman Richard Pombo and Joseph Farah.
The subject of private property versus environmental preservation is a national hot-button issue. In a society increasingly obsessed with rights, the link between property and liberty -- the fundamental principle upon which our country was founded -- is quickly eroding. Without the freedom to acquire, possess, and defend property, all our other constitutional freedoms are meaningless. This Land is Our Land explains the importance of property rights to everyone from urban dweller to rancher. It exposes the hypocrisies of the environmentalists and shows how government and environmental corporations secretively collaborate to further their own agenda. To order your copy, call 800-288-2131.
How to Deal with the Media and Influence Public Opinion
Articles from The Small Property Owner
Working with the Press by Mike Hardiman. The press secretary to property rights champion, Rep. Richard Pombo (R-CA), covers the basics of working with the news media. February/March 1997
Understanding the Process The Six Ps of Political Persuasion by Brook Roberts, legislative director to Sen. Larry Craig (R-ID), chairman of the Senate Republican Policy Committee, gives an insiders view on how to make your lobbying visits to elected officials more effective. July 1996
Dealing with the Media Tips for Handling Reporters in the 90s by Roberta Dunn Shaw, Senior Vice President, Spaeth Communications, Inc., Dallas, TX, who outlines a ten-point strategy for property owners to handle the press. May 1996
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