Good zoning decision philadelphia law – electronic billboards

Wednesday, December 15, 2010

Councilman Frank DiCicco today said that an digital billboard will no longer be part of a controversial hotel project proposed for Old City.

DiCicco said he had originally agreed for a sign to be included in the development project at 4th and Race streets based on the belief that the sign would be obscured to residents and only visible to drivers on the nearby Ben Franklin Bridge.

But when he saw the site plans over the weekend, DiCicco said he could see that was not the case. And so, he said he has amended the enabling legislation in City Council.

“It would be seen by the residential community,” DiCicco said. “The sign is out.”

Residents have been vocal in their opposition to the development, which is expected to include a hotel and retail space. Because of the amendment, there will be no final vote on this legislation until next year.

We put a call into the developer, Arc Properties, and will update if we hear back.

This study is wrong. Credit helped. Real estate credit.

Here’s an article from today’s philly.com on the real estate tax credit.  My take is that the uncertainty was inevitable and at least there was an uptick.  you?

Posted on Mon, Dec. 13, 2010

U.S. role in housing market, say economists, makes it harder to predict end of crisis

By Alan J. Heavens

Inquirer Real Estate Writer

The housing downturn that began in 2005, 2006, or 2007, depending on location, has tested the mettle of the economists whose job it is to figure out when and how the crisis will end.

Some economists argue, and with considerable justification, that government interference in the real estate market has made predicting the date of recovery from difficult to impossible.

That government interference manifested itself primarily in the Federal Reserve’s purchase of mortgages from Fannie Mae and Freddie Mac, which affected interest rates until the program ended March 31.

The federal tax credits for home buyers, which boosted sales for more than a year, added to the confusion. The tax benefit kicked housing sales into gear; the end of the credit put the housing market back on life support.

“We misjudged the impact of the two tax credits,” said economist Patrick Newport of IHS Global Insight Inc. “We expected the credits to both shift demand and increase sales and starts. It appears that the tax credits mostly shifted activity.”

The level of interference is now much lower, and a clearer picture of the market is emerging, allowing economists, as well as civilians, the opportunity to predict with a bit more accuracy.

The “when” remains difficult to pin down, although the nonprofessionals – typical homeowners and renters – believe they have the answer.

Recovery will occur anywhere from 2012 to 2015 and even later, according to most of the 2,000 homeowners and renters surveyed by Harris Interactive in November.

The survey, commissioned by real estate search engine Trulia and foreclosure-tracker RealtyTrac Inc., found that just 4 percent thought the market had recovered already.

“Sellers and buyers are tamping down their expectations for a swift recovery in the housing market and bracing themselves for a long, slow climb back to a healthy real estate market,” said Trulia chief executive officer Peter Flint.

“Government incentives have come and gone, and historic lows in interest rates have done little to spur recovery,” he said.

From the responses, Flint says consumers have a “What’s next?” attitude, “since they have lost faith in banks and their government to make good decisions.”

What it will take for a market turnaround is a much easier question to have answered by the economists.

“On the face of it, getting the housing market to recover is quite easy, since it’s well-established what drives housing,” said economist Kevin Gillen, vice president of Econsult Inc., of Philadelphia.

That is, “You take a reasonable level of home building costs, combine household income growth with job growth, throw in a good dash of accessible mortgage credit, and - Presto! – you have a robust housing market,” Gillen said.

All the government needs to do is reduce unemployment, grow the economy and keep inflation – and hence interest rates – in check, and housing will begin to recover.

“Of course, this should remind you of Steve Martin’s old routine about his foolproof two-step plan to make a million dollars tax-free. ‘Step One: Get your hands on a million dollars,’ ” Gillen said.

So, given that unemployment rose in recent weeks, credit remains tight for buyers as well as the typical home builder, and 30-year fixed-interest rates have risen in the last few weeks from a record low 4.17 percent to 4.61 Thursday, Martin’s way is still the better bet.

Rates rose, says Freddie Mac chief economist Frank Nothaft, “after Europe made strides in its debt situation,” allowing investors to leave the security of U.S. Treasury debt, causing bond yields and mortgage rates to rise.

“Key macroeconomic drivers of the economy – such as income growth, unemployment rate, and inflation – will affect the performance of the housing and mortgage markets in 2011,” he said.

“Economic recovery should accelerate gradually over the year, with the second half of 2011 exhibiting more growth and job creation than the early part of the year,” Nothaft said.

Employment is important because potential home buyers need a job, income, and savings to qualify for a mortgage, he said.

Improved consumer confidence is another, since if consumers are worried about their economic future, or whether house prices will fall, then they will be reluctant to buy.

Nothaft believes 30-year fixed rates will stay below 5 percent in 2011 and home prices will bottom in the first half and rise 1 percent for the year, combining to keep homeownership affordable.

With rising rates, and because most people able to refinance have done so already, mortgage originations will drop in 2011, although there will be an increase in loans to buy houses, he said.

Read more: http://www.philly.com/philly/business/20101213_U_S__role_in_housing_market__say_economists__makes_it_harder_to_predict_end_of_crisis.html#ixzz180lcoOJL
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Be aware …… you could own again after foreclosure??? “Re-Foreclosure” Hits Massachusetts – CNBC-http://www.cnbc.com/id/40153805

Loan mods might not work…WSJ…

Loan mods might not work…WSJ.com – Foreclosure Crisis, Part 2: Modifications http://on.wsj.com/dA8WLE

uh oh…..via @phillydotcom ht…

uh oh…..via @phillydotcom http://philly.com/u/?w=165761&i=107165133 #philly Suit claims McFadden’s bar didn’t want black patrons

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This is outrageous…Philadelphia real estate taxes.

Part three of three.

When Alan and Sheila Hunter decided to move into an old convent in South Philadelphia, they saw beauty behind the asbestos that hung from the ceiling and the plywood that covered the walls.

“We came into the chapel and my wife started to cry,” Alan Hunter said in an interview. “You could feel the presence of the nuns who had lived here.”

There was nothing holy about what happened after that.

Then-State Sen. Vincent J. Fumo wanted the property for a charter school. He leaned hard on Hunter to sell.

When the high-pressure tactics didn’t work, an enraged Fumo decided to “really f- him over.”

His weapon: the city Board of Revision of Taxes.

In an e-mail to an aide, Fumo issued orders demanding that Joseph A. Russo, then a BRT assessor, jack up Hunter’s tax bill.

Russo, in turn, spoke with a colleague, suggesting that she look at whether the property’s taxes should be raised, according to people familiar with the matter. The next year, Hunter’s property assessment more than doubled.

In a brief interview, Russo, who now sits on the board of the BRT, said he could not remember the incident. He declined further comment.

Another BRT board member said the allegations of interference in assessments, if true, would be not just a conflict but a gross violation of BRT policies.

“How could you condone it?” asked Russell Nigro, a former state Supreme Court justice who said he did not know the facts of the case. “How could you condone what, in my opinion, is probably a crime?”

The city’s inspector general is now investigating.

The story of the old Catholic school and adjacent convent, pieced together through interviews, board records, and evidence in Fumo’s federal corruption trial, shows how the senator’s influence infiltrated the Board of Revision of Taxes. This obscure, heavily politicized agency has enormous power. By setting real estate values, it effectively determines what everyone in Philadelphia pays in property taxes.

The seven board members who run the agency are appointed by Philadelphia’s judges – many of whom, in turn, would have a tough time getting elected without backing from Fumo and other party leaders. Along with U.S. Rep. Robert Brady, the Democratic Party chief, Fumo has used his muscle to push allies into seats on the BRT board.

When it came to Fumo’s 27-room house – like Hunter’s, a converted convent – the BRT gave Fumo a huge tax break for more than a decade. And the board resisted raising the $250,000 value on the mansion even after Fumo listed it for sale at $7 million.

Neither Fumo, convicted in March of 137 corruption charges, nor his attorney, Dennis Cogan, would comment.

A senator denied

The brick buildings on Christian Street near Second, dating from the 19th century, once housed the St. Philip Neri parish school and an adjoining convent for the nuns who taught there, the Sisters of St. Joseph.

After the school closed in 1991, the buildings began to fall apart. Hunter, a community activist and former president of the Queen Village Neighborhood Association, snapped up the complex for $200,000 in 1997 at an auction.

His plan was to sell the school and use the money to renovate the convent. But developers were just beginning to sniff around Queen Village then, and Hunter says he had trouble putting together a deal.

Enter Fumo. In 2000, his nonprofit, Citizens’ Alliance for Better Neighborhoods, was flush with millions in grants that he’d squeezed out of Peco and other sources. And he was eager to start spending the money, in part to buy and renovate properties in South Philadelphia’s fading business district.

Fumo decided the property near Second and Christian would make an ideal home for a new charter school. He dispatched his aide and son-in-law, Christian Marrone, to persuade Hunter to sell.

Hunter, 69, knew his way around: He grew up in South Philadelphia. He’d worked with Fumo’s office before. He knew he couldn’t brush off the senator.

But he also knew something about real estate. So when Marrone came calling, Hunter asked for upward of $1 million, far more than Fumo wanted to pay.

Marrone tried to get Hunter to see reason. His proposal: He would send Harvey M. Levin, an independent appraiser, who would set a fair price. Levin, he told Hunter, was an expert, head of the Pennsylvania chapter of an international appraisal association.

Philly property taxes are nothing short of a cluster…

The new executive director of the Board of Revision of Taxes said yesterday that he could not “in good conscience” continue to value properties in Philadelphia using the “bad data” the department has relied on for decades.

Instead, with Mayor Nutter’s consent, the BRT will freeze reassessments on most Philadelphia properties for up to two tax years, or until every parcel can be assessed anew.

“It is the only fair thing to do,” Nutter said at a City Hall news conference yesterday afternoon.

Richard Negrin, the BRT’s interim executive director, reached his decision after little more than a month on the job. Since taking the position, Negrin said, he had encountered too many errors in the BRT’s data and too little professionalism within the agency to continue “business as usual.”

“It became obvious that we could not continue to do assessments in the way we’ve done them in the past,” Negrin said in an interview.

Until late last year, the BRT was out of the reach of the mayor, run by an independent board appointed by the city’s judiciary.

But in December, after a series of Inquirer reports documented widespread mismanagement and cronyism at the agency, the board agreed to cede much of its authority to the Nutter administration. City Council has passed legislation that will replace the BRT with two new entities Oct. 1, contingent on voter approval in the May 18 primary.

Between now and then, Negrin said, the BRT’s top focus will be cleaning up its data.

He said the agency too often gets basic facts about properties wrong, such as lot size or how many stories a home has. Some other data are too old to be reliable.

Such errors are compounded when used in modern mass-appraisal systems such as the one the BRT hopes to adopt as a replacement for its current set of inaccurate and inequitable assessments.

“It’s your classic garbage-in, garbage-out scenario,” Negrin said.

Given that, Negrin and Nutter said, the only fair thing to do is to keep property values at their current levels until the data can be corrected through a citywide reassessment.

The moratorium will have the effect of freezing property taxes through at least the 2011 tax year unless City Council raises the property-tax rate, which is highly unlikely.

There will be some exceptions, such as new construction and rehabilitated properties.

And, notably, the 18,000 city properties that received reassessment notices in 2009 will still be on the hook for their higher assessments.

“You have to draw the line somewhere,” Nutter said when asked why it was unfair to issue reassessments in 2010 that rely on bad data, but acceptable to have used the same data in reassessments last year.

Advocates of BRT reform – some of whom have been calling for a moratorium for years – hailed the freeze but said the logic of excluding last year’s reassessment notices eluded them.

“Obviously the moratorium is the correct step. Everyone acknowledges that the current system is unfair and almost certainly illegal,” said Brett Mandel, a former Democratic candidate for city controller who has long sought to have properties reassessed citywide.

“But it’s weak to say you have to draw a line somewhere, and that some people who have recently had their property taxes increased by 400 percent just have to accept it.”

South Philadelphia resident the Rev. Ken Metzner is one of 18,000 property owners who were slapped with reassessment notices before the moratorium was announced.

“This is welcome news, and it’s part of what I’ve been asking for,” Metzner said of the moratorium. “But it leaves tens of thousands of people stranded with new assessments that used the same data.”

Metzner said he planned to continue his appeal of his reassessment in Common Pleas Court.

And lawyer Peter Kelsen, who represents commercial clients before the BRT, said he was already basing his reassessment appeals on the argument that the agency’s data are inaccurate, a case he said would be strengthened by yesterday’s admissions by Negrin.

To some, the timing of the two-year moratorium smacks of political calculation, as new property assessments would not be mailed out until after the 2011 primary election.

The shift to a mass-appraisal system – known most recently as the Actual Value Initiative – could create enormous political headaches for both the mayor and Council members. Although the property values generated by such a system would be more accurate than the current values, many homeowners would see large increases in their tax bills as a result.