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Week 3 Assigment

In: Business and Management

Submitted By buckinamarillo
Words 1030
Pages 5
Week 3 Assignment
RES 345
February 01, 2016

Week 3 Assigment The article "American Dream in Flux: The Endangered Right to Lease A Home highlights the constitutional violation and social harm perpetuated from the declining shift in homeownership coupled with the increasing inclusion of governmentally promoted community rental restrictive zoning ordinances and private covenants. For the most part zoning ordinances and private laws (rules, regulations, and deed restrictions) appear to provide considerable aesthetic benefit as well as serve to preserve property value. However, these very laws and covenants work to advance government policy and foster continued segregation not promote community interest or protect ownership rights. Consequently, governmental and private leasing prohibition often significantly restricts a title holders exercise of property rights and use of capital. Additionally, rental restrictive covenants result in undue hardship for owners and potential tenants alike. Further, these frequently encountered universally accepted private laws disguised as property use tools work to control who is allowed to reside in a particular neighborhood not prohibit value impacting undesirable usage. More, the preclusion of leasehold estate alienation ultimately infringes on the freedom to contract, decreases availability of rental housing, and artificially raises market rents, as well as functions to segregate specific demographic groups (Boyack, 2014). However, establishing constitutional violation is arduous. More, the courts consider leasehold estate prohibiting covenants presumptively enforceable agreements. "Despite the involvement of governmental and quasi-governmental entities in CIC formation, courts unanimously treat CIC covenants as purely private, voluntary, and presumptively enforceable agreements" (Boyack, 2014, Judicial Treatment of...

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