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Fair Housing Rules and Racist Deed Restrictions

September 30, 2009

I was asked a question the other day:

Are real estate restrictions on race legal?

That’s a big NO.

Fair Housing Laws in Tucson

Fair Housing Laws are intended to prohibit discrimination against those looking for housing, and list several protected classes.  In Tucson, that means you can’t discriminate based on someone’s race, color, religion, national origin, sex, familial status, or sexual orientation.  There are exceptions to the rule, but that’s a whole different post.

Legacy – and Racist – Deed Restrictions in Tucson Neighborhoods

Fair Housing laws started in the 1960s.  And unfortunately, when some subdivisions here in Tucson were created prior to that, the creator sometimes included restrictions against people of specific races owning or occupying property in those neighborhoods.  They often say something like:

No part of said property shall be used or occupied in whole or in part by any person of African or Asiatic descent, or by any person not of the White or Caucasian race, except such persons as may be employed thereon as domestic servants by the owners or tenants.

Which is rather ugly.  The person who asked me that question has a Chinese-American husband.  So when they read through the deed restrictions for a house they liked in a nice Central neighborhood, they were horrified.

Couple things – restrictions like that can’t be enforced, given the Fair Housing laws.  Most people don’t even read their deed restrictions, quite honestly.  And I wouldn’t assume that current residents of that neighborhood are in support of that restriction – or are even aware of it.

If you do find something like that in your deed restrictions, you can always try to get them changed.  Usually, restrictions apply to an entire community, so you’ll have to go to all of them and get agreement to change them.  If your neighborhood has an active HOA, that might be the best place to start.

More on Water Harvesting and Cisterns in Tucson

July 29, 2009

Thoughts and comments from local architect Jake Boen on Rain Water Harvesting…

Neighbors most likely are the largest obstacle on installing a cistern without stirring the pot. I doubt that many CC&Rs even discuss harvesting or cisterns but I would still check any design guidelines or architectural review that a HOA may have for any home additions or modifications. I doubt they can do much if you install this in your back yard but side yards and front yards could become problematic if you don’t submit your plans for approval first.

Permits – Yes and No.  For most cisterns a building permit will not be required but a zoning permit typically is required. The City of Tucson recently issued a memorandum for clarification of Zoning regulations regarding water harvesting cisterns. This memorandum is mandatory reading prior to planing size and placement of any cisterns within the City limits. Essentially size and height may limit placement or invoke screening requirements. Refer to the Land Use Code and: http://www.tucsonaz.gov/dsd/What_s_New/official_cistern_determination.pdf for specifics.

A few years ago I attended a 2 day regional storm water management and rainwater harvesting conference and came away with a better understanding on a lot of what to do and what not to do with water harvesting.  This includes a very important but often overlooked design aspect of how to get the water out of the cistern without clogging your shut off valve with dust and debris which will build up in the cistern.  A float and flexible inlet pipe allows debris to settle to the bottom and allows debris to build up without causing problems and allows a greater window before maintenance must be performed. This would apply to large complex designs as well as some of the simplest of cistern designs. 

Maintenance and responsibility can be an issue.  No one wants mosquito breeding.  Covers allowing water to flow in but keeping mosquitos out are important.  A foam float or thick cooler pads on a foam float can allow water to flow in but keep bugs out.  I have also seen large cisterns which utilized fish to take care of bug problems.  Other designs will pipe water directly into an enclosed design.

Some companies in town are now offering corrugated metal cisterns with a foundation pre-installed.  They are simply set on a level pad and downspouts can be installed to divert water to the cistern.  Installation doesn’t get any quicker than that.  The size is limited but one does get instant gratification and water harvesting.  

Touching on the design issue again I would recommend that clients hire a company or perform careful research on permits, sizing of cisterns, detailing of inlets and outlets, and sizing of structural foundations.  A column of water 8 feet in the air most certainly weighs a lot and should be a design concern when placing next to existing structures or on areas which do not drain well.

—

Thanks for giving us your thoughts, sir!

Rainwater Harvesting and Cisterns in Tucson Homes

July 27, 2009

Speaking of rain…

I see more and more people using rainwater harvesting techniques in homes around Tucson.  Collecting rainwater can be a good way to store some water for our dry seasons to use on your landscaping, save a little bit on that water bill.

But be careful – I met a woman the other day who helps people install rainwater harvesting systems here in Tucson and the biggest problem she runs into are neighbors who don’t like huge ugly cisterns staring at them from across the fence.  I’ve seen some really cool looking metal barrel installations though – I kind of like them, but I’m probably not your neighbor!

I found some awesome resources though, if you’re considering installing a rainwater harvesting system.  As far as I can tell, if you’re only doing rainwater collection and not gray water collection, you don’t need a permit – but I’d confirm that with some of these resources first.

The City of Tucson talks about Rain Water harvesting here, with some good general advice and links to other resources.

There’s a document with a TON of both rain water harvesting and gray water reuse information and services in Tucson here. 

And then the Watershed Management Group has a nice site with information about their programs and whatnot.  They’re a non-profit group that provides education and resources to communities trying to better manage their natural resources.  They’re having a rainwater cistern design competition through the start of September – looks like a pretty cool challenge for those build-it types.

Home Storage in Tucson – Meet the Shed

July 22, 2009

I do a good bit of business from people moving to the Tucson area from back East – whether they’re retiring or moving for a job or just buying a vacation home.  Turns out, back East, their homes have this mysterious thing called a "basement."

Not so much here in Tucson.  Our homes are largely built on slabs without basements.

Which means those nice folks from back East all of a sudden have to find space to store all their stuff when they move out here.

Newer homes tend to have garages, which can provide some decent storage opportunities.  Older homes tend to have carports, sometimes with a little storage room at the back.  But by and large, we have sheds.  This lovely specimen is one of two in my yard – one for messy tools and bikes and yard equipment, one for household goods and suitcases and random other things.  Yes, I have two.  But I don’t have a carport or any other storage other than a linen and coat closet in my house.

Sheds can vary widely.  I’ve seen some really nice structures that had a full concrete foundation and a real shingle roof, block walls, some even have power and lighting and occasionally some kind of cooling system.  And then there are some half-leaning scary corrugated metal things sitting on the dirt.

Then again, moving is an excellent opportunity to get rid of a lot of stuff most people don’t really need.  And it feels good to donate it to someone who really does.  But I’m sort of a minimalist when it comes to stuff.

Arizona Rooms and Tucson Homes

July 3, 2009

Question from my inbox from an out of town reader: What’s an Arizona Room?

An Arizona room can be a wide variety of things – it is sort of a catch-all term.  Most often, an Arizona room started life as the original patio off the back of the house, usually covered, and then someone eventually closed it in.  Sometimes, a new covered patio is added off the back of the Arizona room.

Some are enclosed with just screens, some have half walls and windows, some are actual heated and cooled living space with real walls and windows and doors.  Some are attached to the main house with a door, some have a wide open entrance.

Basically, an Arizona room is just some kind of enclosed space, most often not original to the house.

Beyond that, it can be just about anything.  They’re nice spaces, usually.  Typically there’s lots of light and they add living space that can be used year round – in the evenings during the summer after the day cools off, and a good place to bask in a sunbeam during winter.

I hear people in Florida have Florida rooms.  No clue what those are. Does each state have their own room?  Is there a Nebraska room?

You Pick: Dated and Established, or New and Undeveloped?

May 13, 2009

I’ve been working with a buyer lately who is looking for newer housing.  We started up in North Tucson, gradually working our way East, down the Houghton corridor.

In this buyer’s price range, the options for newer housing in North Tucson are mostly from the mid 1990s, up near Sunrise and Kolb.  And they are perfectly nice houses, though usually on smaller lots than what my buyer desired.  Some awesome views though, and a nice community.

Working our way down East, we ran into much newer homes – from the 2000s and earlier, and could get a newer home on a larger lot for the same money.  Out in that Houghton corridor though, there are still bare patches where the commercial development has yet to fill in.

So do you pick area with a house that feels dated?  Or do you pick the nicer house on the nicer lot in an area that isn’t fully developed?

Sometimes, a home feeling dated is all about the smaller cues.  The gold accents instead of the more popular silver of today.  The whitewashed cabinets instead of a darker wood grain.  The living areas sectioned off into more distinct regions than the popular great room plans today.  The lower ceilings.  The longer hallways and closed off kitchens.  Recessed lighting with yellowed or dark plastics.  Odd tile transitions between an original tile area and one where the carpet was replaced with tile, but an exact match couldn’t be found.  Popcorn ceilings.  A lot of that, fixable.

The undeveloped area has plans to widen Houghton, maybe even eventually to six lanes.  Granted, that could easily be 10-15 years off.  How will that road noise effect a property?  What kind of commercial building will be built adjacent to the community?  How will that impact the lifestyle of the residents?

So which do you choose?

Fun with Sewer Lines

January 29, 2009

Up bright and early this morning for a home inspection, termite inspection, and a sewer line inspection, complete with fancy take-home video.  It’s an older Central Tucson home, built in the early 1920s, in the West University neighborhood.

Around here, it is fairly common that a lot has a house and guest house, and potentially the lot has also been split off into two adjacent parcels.  Like so:

This can lead to some fun situations.  Like, say, when a massive tree on neighboring property has crushed a sewer line on the next door property, and the sewer line runs under the adjacent property.  With no easement.  And around here, the homeowner is responsible for their sewer line out to the connection to the main.

Makes it a little difficult to repair…

Central Tucson is always full of surprises.  So much of the work was done so long ago, when permits were "optional" and planning non-existent. 

So we can deal with that.  Once you know the problem, you can usually figure it out.  The point is to know what to look for, what conditions should be setting off red flags.

In this case, an old lot split and utilities in the former alley way.  And a massive tree right on the fence line.

Challenging your Pima County Assessed Value to Lower Property Taxes

January 22, 2009

Question from the audience: How do you get property taxes re-assessed when you buy a foreclosed fixer-upper?

Answer: Any owner can challenge their property valuation, foreclosed fixer or not.  Please be aware that the Pima County Assessor doesn’t set tax rates, they merely determine the value on which your house is taxed.  At the assessor’s office, you can appeal, or challenge their listed value for your property.

In fact, the Pima County Assessor site has a section on how to go through the appeal process. 

Read through it carefully – if you miss a deadline, you’ll miss your chance to appeal.  You’ll need to prove that something is wrong with your valuation, such as:

• the property record is incorrect, such as listing the wrong square footage
• the full cash value is too high when compared to similar properties in your neighborhood that have sold at arms-length transactions

Because the assessor can use the last 3 years worth of sales, your assessed value is probably still going up – or at least mine did.  I’d love to hear from anyone who has gone through the appeals process here in Tucson – how long did it take, what was the outcome?

By Request – Important Features of an Arizona Home

January 5, 2009

Request via email:

I would love to see a blog entry or entries on the theme of "here are some features you should look for in an Arizona home, and here’s why they’re important.". Maybe the opposite too, things to avoid? For example, is a pool good or bad? How important is a covered area near a patio? I’d just be very interested in hearing from a native and a realtor about the features they’d personally value in a home.

Speaking for Southern Arizona and Tucson – weather is an issue.  It’s hot here.  Most people would consider a covered patio essential, and covered parking is a plus.  Think about the position of the house and windows and patio in relation to the sun.  Will the patio be shaded morning or night?  If it is on the Southern side, it may be mostly sunny, even under the cover, most of the day.  We tend to live outdoors a lot – will there be shade to sit in?

Same thoughts go for windows.  Is the sun going to be streaming into the rooms you’ll spend the most time in?  If the windows are newer, good quality, then that’s not a huge deal but with an older home with poor insulation and old single pane glass windows, those rooms are going to be warmer than the rest of the house, and you’ll be turning down that A/C to stay comfortable.

And speaking of the A/C – you’re looking for appropriately sized units, with a decent SEER rating.  Newly installed systems have to be 13 SEER or better now, but many older homes have far less efficient units, which can be more costly to run.

Pools – most people seem to love or hate them.  There’s a few that don’t really care either way, but by and large, people either MUST have a pool, or absolutely hate them.  Unless we’re talking luxury or vacation type housing, I could go either way on pools.

The advice also depends on the type of housing.  If you’re looking for a large parcel, and want a fenced landscaped yard area, be aware you’ll probably get lots of critters into your fenced yard unless you’ve got a solid block wall around that yard.  That may not be as much as a problem with a smaller lot in a well-developed area.

Tucson also has termites – the saying around here is you either have them or you’ll get them eventually.  It’s important to understand what kind of conditions encourage termites, and fix those things quickly – wood to earth contact, water draining towards the foundation, plants close to the foundation, landscape rock piled too high at the foundation.

Other than those things, it’s mostly a style decision, and we have a wide variety of styles.  Personally, I want light but not too much direct sun.  I want a large shady patio.  I want efficient A/C and covered parking and a sound structure that doesn’t encourage termites with a solid fenced yard.

Assessed Value and Market Value in Tucson

November 18, 2008

Question: Why is the assessed value of this home $199,000 and the list price is $260,000?

Answer: Because the assessor’s valuation of the home – in reality – has nothing to do with market value in Tucson.  The Pima County Assessor determines a ‘value’ for your home (another description of how they determine value here), but they use a mass appraisal system using the last 3-4 years worth of sales, and they end up at a figure which is usually completely unrelated to the dollar amount that someone would be willing to pay for it on the open market today.  In theory, they’re related.  In actuality, they usually aren’t even close.  It could be much higher or much lower than market value.  Because sales of homes in Tucson don’t automatically trigger the tax man to re-evaluate the value of your property, assessed value and market value rarely relate to each other.

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