Wednesday’s Academic Roundup
- Buying Happiness: Property, Acquisition, & Subjective Well-Being, David Fagundes.
- Growth and Volatility of Micro Statistical Areas in the U.S., Bienvenido S. Cortes, Michael Davidsson & Michael McKinnis, The International Journal of Business and Finance Research, v. 9(4), pg. 89–102, 2015.
- What Drives Racial and Ethnic Differences in High Cost Mortgages? The Role of High Risk Lenders, Patrick J. Bayer, Fernando V. Ferreira & Stephen L. Ross, Economic Research Initiatives at Duke (ERID) Working Paper No. 206.
- A Study on the Consistency between Housing and Urban Planning Policies, N. Kosavera et al., High School of Economics Research Paper No. WP BRP 03/URB/2016.
March 2, 2016 | Permalink | No Comments
March 1, 2016
Your Neighbor’s Dog
Realtor.com quoted me in Salma Hayek’s Dog Shot by Neighbor: Was He Right? It reads, in part,
Actress Salma Hayek is mourning the death of her dog Mozart—a dog she nurtured from birth, according to her Instagram post. The 9-year-old pooch, a Belgian Malinois, was found dead on her Washington state ranch on Friday with a visible wound close to his heart. And this sad story only got worse once police discovered the culprit: Hayek’s neighbor.
According to TMZ, the neighbor was sick of Hayek’s dogs, several of whom regularly trespassed on his territory and attacked his dogs. So on that fateful Friday, this neighbor responded to a dogfight in his garage by shooting an air rifle just to scare off the one attacking his dog, the Associated Press reports. Mozart, who was hit, ran off and died from internal bleeding. In fact, the shooter’s wife Kim Lund told the AP, “We didn’t even know we killed a dog. I’m in shock.”
Claiming a pellet gun would normally not be deadly, the police ruled the shooting justified, but plan to send the case to prosecutors for additional review.
* * *
According to “When Killing a Dog Is Legally Justified” on Nolo.com, most state laws do not allow homeowners to shoot dogs that are merely running loose on their property. And even if they’re attacking your own dog or cat, you’re not off the hook.
“Someone who does injure a dog that’s chasing another dog … may be liable for damages to the dog’s owner,” writes Mary Randolphnd the killer may also be guilty of cruelty to animals.”
In other words, Hayek’s neighbor could pay for pulling the trigger. Plus there’s the bigger picture, points out David Reiss, research director at the Center for Urban Business Entrepreneurship at Brooklyn Law School: “How’s it going to be to continue living next door to your neighbors after you shot their dog?”
Imagine how awkward it will be for this guy to run into Hayek from now until the end of his days there. Maybe he could have tried to fix the problem earlier with something other than rubber bullets.
“There certainly are steps you could take before shooting the dog,” Reiss says. “You could call animal control or law enforcement. In some places, if a dog owner has received a warning about his or her pet, he or she could face liability for allowing it to roam free.”
Bottom line: Talk first, shoot only as a last resort.
March 1, 2016 | Permalink | No Comments
Tuesday’s Regulatory & Legislative Roundup
- HUD is making $40 million in grants to supports housing counseling organizations across the country to enable them to assist low- and moderate-income families.
- Los Angeles County has approved a comprehensive plan to fight homelessness, which includes a $2 billion investment over 10 years and $100 million in the next year for homeless services.
- Denver introduces a new Social Impact Bond Initiative (SIB) to provide housing and services for 250 homeless individuals struggling with mental health and substance abuse issues.
- The S. Treasury Department announced its $2 billion additional Troubled Asset Relief Program (TARP) funding for the Hardest Hit Fund (HHF), which will help assist struggling homeowners and stabilize neighborhoods through state Housing Finance Agencies.
March 1, 2016 | Permalink | No Comments
February 29, 2016
Airbnb Host Tax Break
Newsday quoted me in Tax Breaks You May Have Overlooked: Airbnb, Dental Bills. It reads,
It’s time for that dreaded annual date with Uncle Sam.
You worry about how much it’s going to cost you. He’s usually not one to settle for a movie and McDonald’s. Relax, maybe there might be tax breaks you’ve overlooked.
– Deduct advice
The IRS will let you deduct certain expenses incurred on your taxable investments over and above 2% of your adjusted gross income (AGI). This could be investment counsel and advice, including subscriptions to financial publications, software or online services used to manage your investments, says Kyle Ryan, executive vice president of Personal Capital Advisors in Redwood City, California.
– Cash in on the dentist
Many people overlook medical expenses because you can only deduct the amount that exceeds 10% (7.5% if you’re over 65) of AGI, but dental work, which, even if you have insurance, can have high out-of-pocket costs, may qualify for a medical deduction, says David Isaacs, a CPA with UHY Advisors in Manhattan.
– Home sweet home
Maybe you jumped on the Airbnb bandwagon and rented out your home. If you did for up to two weeks, David Reiss, a Brooklyn Law School professor, specializing in real estate has good news, “that income is tax free.”
February 29, 2016 | Permalink | No Comments
Monday’s Adjudication Roundup
- A suit under the Telephone Consumer Protection Act (TCPA) for unwanted text messages against VoiceShot LLC and Kale Realty LLC, a real estate agency, was dismissed when the court found that the law did not apply to their conduct. The court found that VoiceShot was a “common carrier” providing telecommunication services and thus is immune from TCPA liability.
- The Court of Appeals for the Ninth Circuit held that Fannie Mae and Freddie Mac are not considered “federal agencies” under the False Claims Act, but rather non-governmental third parties in particular circumstances, including spending money on the government’s behalf.
- The S. Securities and Exchange Commission receives $147 million in illicit profit and $1 million in civil penalties from Louis Schooler, who deceived investors to buying into a general partnership at exorbitant, undisclosed markups.
- In cases alleging failure in trustee duties on residential mortgage-backed securities, S. Bank won (partially) when the court dismissed claims from the federal credit union regulator, but allowed private investor contract breach claims to continue.
- UBS AG will pay $33 million in settlement with National Credit Union Association for claims alleging that UBS lied on offering documents to residential mortgage-backed securities.
February 29, 2016 | Permalink | No Comments
February 26, 2016
Vacant Land in NYC
NYC Comptroller Stringer has released an Audit Report on the Development of City-Owned Vacant Lots by the New York City Department of Housing Preservation and Development. Stringer has taken some cheap shots on Mayor DeBlasio’s housing plans before (here for instance). This report amounts to another one. The Audit Findings and Conclusion read,
Our audit found that the City owns over a thousand vacant lots that could be developed under existing urban renewal programs, but many of these lots have been allowed to languish and remain undeveloped for up to 50 years or longer. While HPD contends that over the years it has disposed of most of the lots it has been responsible for, we found that as of September 18, 2015, HPD listed 1,131 vacant lots under its jurisdiction. Further, we found that although HPD solicits developers to build on these properties, it has not established plans with realistic time schedules to actually transfer City-owned vacant properties to developers.
Pursuant to General Municipal Law § 502, HPD has devised urban renewal plans for areas that include its vacant properties. However, we found that the projected schedules are often pushed to a later date and sometimes no date is specified at all, notwithstanding the fact that the law requires “a proposed time schedule for the effectuation of such plan.” Accordingly, it appears that schedules with adequate procedures to enable the transfer of City-owned properties to developers in accordance with those schedules have not been consistently formulated. Finally, we identified an additional 340 City-owned vacant lots under the jurisdiction of other City agencies that could be considered to be used for residential construction. (2)
Even the language of this summary reveals the Comptroller’s spin. It is laughable to say that the City has allowed vacant land “to languish and remain undeveloped for up to 50 years or longer.” The fact is that the City took ownership of much of this land during the ’60s and ’70s because it was abandoned by the owners who did not pay their property taxes. Much of the land had absolutely no value for decades.
This has certainly changed in the last 20 years or so, so it is worth evaluating whether the City should be taking more aggressive steps to get this land developed. Certainly one would think that this Mayor would want to do just that. And indeed, the Comptroller’s report shows that the Mayor has slated over half of those parcels for development over the next few years. The City’s response to the Audit indicates that many of the remaining parcels pose development challenges for residential development.
My take (having written extensively about abandoned land in NYC, here for instance) is that Stringer is making a mountain out a molehill. Every mayor from Koch through De Blasio has attempted to develop or sell much of the vacant land owned by the City. This audit fails to demonstrate that the City has a serious problem on this count.
February 26, 2016 | Permalink | No Comments



