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Property Rights vs. Resident Rights – FoxNews Video, Manufactured Home Industry Voices sound off

September 23rd, 2016 Comments off
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Photo credit, Palo Alto Online.

No one should be forced to carry on a business that they want to close, said Pacific Legal Foundation Attorney Larry Salzman. “The city is treating the Jissers as an ATM to solve a problem they didn’t cause — the lack of affordable housing in Palo Alto. That’s not just wrong, it’s unconstitutional,” a Daily Business News post by Matthew Silver reported last year.

Fast forward, as Fox News’ Claudia Cowan quotes resident Melody Cheeny, “We have nowhere else to go,” said Cheeny, secretary for the community’s homeowner’s association.  “There’s no way, for 95 percent of us, to be able to live in this county, let alone Silicon Valley.”

Cowan writes, “In the heart of Silicon Valley, a new twist in an ongoing turf war is raising alarm among property rights groups – government officials in Palo Alto are threatening to use “eminent domain” to prevent the longtime owners of a mobile home park from turning the property into condos.”

How can we promote homeownership and sell new homes on leased land and at the same time close communities?” – asks Paul Bradley, ROC USA in a new column to Industry Voices on MHProNews.

Eminent domain is an elegant solution,” said Katherine Harasz, executive director of the Santa Clara County Housing Authority told Fox News. “It acknowledges the owners’ just right to just compensation, if the public purpose is established to use his property for this public purpose.”

The city and the county’s actions have postponed the closure of the park for four years now and still, there’s really no end in sight,” Joe Jisser told Fox News.  Joe’s family reportedly bought the property in 1986.

As communities become surrounded and engulfed by restaurants, Hilton Hotels, stadiums, big box stores, airports, residential and commercial developments,” Jay Hamilton, Georgia Manufactured Housing Associations’ executive director told MHProNews, “property taxes begin exceeding the total revenue from renting spaces.”

The struggle over community owner’s property rights vs. land-lease community resident rights continues. Equity LifeStyle Communities Chairman Sam Zell’s view, published exclusively on MHProNews on this subject, are linked here.

Scheduling/Programing note: MHProNews plans to publish a related, detailed report on another hotly contested location in the American heartland, right here on the manufactured housing industry’s Daily Business News. ##

(Photo credits are as shown above.  The video on Fox News was set to autoplay, and was copied and provided here under Fair Use guidelines.)

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L. A. ‘Tony’ Kovach is the publisher of MHProNews.com, MHLivingNews.com and MH Consultant.

L. A. ‘Tony’ Kovach.

Palo Alto Levying Millions on Manufactured Home Community for Closing

November 21st, 2015 Comments off

buena_visat_mobile_home_park_paloalto_ca__nbcbay_areaMHProNews published a story on October 18, 2013 reporting that the owners of California’s Buena Vista Mobile Home Park, the Jissers, were interested in selling the community of 104 homes for possibly over $30 million if their plan is approved by the city of Palo Alto, where the median home price is $2.46 million.

At the time, according to the Regional Housing Needs Assessment, the city was required to have 1,200 affordable housing units by 2014, had only 200, and would lose more if Buena Vista closed.

Fast forward to 2015: Still trying to close the manufactured home community (MHC), the Jissers were told by the city of Palo Alto they will have to pay at least $8 million, possibly more, to residents for relocation costs to close the community, according to pacificlegal.

Represented by the Pacific Legal Foundation, the Jissers have filed suit against the city of Palo Alto, alleging the high price violates the U. S. Constitution’s Fifth and Fourteenth Amendment limitations of taking private property for public use. The lawsuit also alleges this demand for payment violates California law regarding excessive relocation costs of a community’s residents.

No one should be forced to carry on a business that they want to close,” said PLF Attorney Larry Salzman. “The city is treating the Jissers as an ATM to solve a problem they didn’t cause — the lack of affordable housing in Palo Alto. That’s not just wrong, it’s unconstitutional.”

The way to make housing affordable in Palo Alto is to build more housing,” Salzman noted. “The city has for decades refused to permit enough housing to be built to meet the skyrocketing demand, and it is now shamefully scapegoating the Jissers for its own failure.

The U. S. Supreme Court has ruled repeatedly that individual property owners may not be forced by the government to shoulder the costs of public benefits.

The Jisser’s son, Joe, who now manages Buena Vista, says his parents immigrated here in the 1970s with nothing and built a successful business, but now the state is trampling on them.

Our family has worked hard for 30 years to provide safe and affordable housing here,” he continued. “Now we’re told by the city that providing that service is not enough, that we have to pay a staggering amount of money just to close our business. It’s not fair for the city to force us to pay our tenants millions of dollars as the price of my parents’ retirement.##

(Photo credit: nbcbayarea–Buena Vista Mobile Home Park, Palo Alto, California)

matthew-silver-daily-business-news-mhpronews-comArticle submitted by Matthew J. Silver to Daily Business News-MHProNews.