Drug Addicts As External Obsolescence?

[J Grant]

The topic of thread was drug addicts as ext obs...if an area is high crime or a hangout for selling drugs, the prices reflect market reaction to that, do they not? Typically prices are lower, so the ext obs is already in the prices of properties ( and /or market exposure) .

 

[Meandering]

come on, you can't be serious.....

race, color, religion, national origin, sex, disability and familial status. nope, nothing about being a drug addict and no, it does not fall under disability.

ADA - Americans with Disabilities Act - A protected class.

Title I of the Americans with Disabilities Act[3] specifically permits employers to ensure that the workplace is free from the illegal use of drugs and the use of alcohol, and to comply with other federal laws and regulations regarding drug and alcohol use. At the same time, the ADA provides limited protection from discrimination for recovering drug abusers and for alcoholics.[4]

However, “qualified individuals” under the ADA include those individuals:

• who have been successfully rehabilitated and who are no longer engaged in the illegal use of drugs;[9]
  
  
• who are currently participating in a rehabilitation program and are no longer engaging in the illegal use of drugs;[10] and
  
  
• who are regarded, erroneously, as illegally using drugs.[11]
• 
  
• A former drug addict may be protected under the ADA because the addiction may be considered a substantially limiting impairment.[12] However, according to the EEOC Technical Assistance Manual on the ADA, a former casual drug user is not protected:

[A] person who casually used drugs illegally in the past, but did not become addicted is not an individual with a disability based on the past drug use. In order for a person to be “substantially limited” because of drug use, s/he must be addicted to the drug.[13]

Reasonable Accommodation for Drug Addicts
The duty to provide reasonable accommodations to qualified individuals with disabilities is considered one of the most important statutory requirements of the ADA.[38] If a recovering drug addict is not currently illegally using drugs, then he or she may be entitled to reasonable accommodation. This would generally involve a modified work schedule so the employee could attend Narcotics Anonymous meetings or a leave of absence so the employee could seek treatment.[39]

WHEN ARE ALCOHOL USERS COVERED UNDER THE ADA?
Individuals who abuse alcohol may be considered disabled under the ADA if the person is an alcoholic or a recovering alcoholic.[40] Courts have usually held that alcoholism is a covered disability. For example, in Williams v. Widnall,[41] the court flatly stated, without discussion, that alcoholism “is a covered disability.”[42]

http://www.usccr.gov/pubs/ada/ch4.htm

.

 

[Riick]

It's NOT incurable external obsolescence

Of course it's not *incurable*.
Even if those addicts never stop using drugs, they might take their trade to greener pastures....
Where the police are more agreeable.
Bingo, that form of external obsolescence has suddenly been *cured*.
"Change is Good"

 

[Riick]

.if an area is high crime or a hangout for selling drugs, the prices reflect market reaction to that, do they not? Typically prices are lower, so the ext obs is already in the prices of properties ( and /or market exposure) .

Three blocks from those noisy railroad tracks is not the same location as abutting those tracks.
...and 3 blocks from Needle Park is *not* the same location as across_the_street from Needle Park.
and so, Yes, the precise location does need to be addressed.

 

[Peter LeQuire]

If the comparables are correctly chosen, they will have the same external influences.

 

[J Grant]

Exactly right. Appraisal methodology is the same whether we are dealing with positive or negative influences. We concentrate on finding comps and data from the subject area of influence and if short on data then we look in similar area of influence. So sales prices in subject area with drug dealers loitering around reflect the negative influence.

Are you going to state that there are drug dealers nearby? If you are in a "good" area, do you state there are well dressed people nearby and neighbor drives a BMW? No to both.

In a positive influence area we describe the positive features...near highly rated schools, well maintained houses, low vacancy rate. In a negative influence area we describe negative influence...far from schools or lower rated school district, boarded up and deferred maintenance properties, high vacancy rate.

 

[Terrel L. Shields]

I see new houses being built nearly up against a poultry farm and wonder why in the world you would build close to a large poultry farm. But folks often create their own obsolescences and seem oblivious to outside influences. Strange.

I've been listening to a book on the Oregon Trail. The guy is driving mules and a covered wagon, as he's going through Nebraska he notices mostly older people, he asks where are all the young adults are. The answer he gets is, "Meth."

I like it when the post stays on topic because otherwise we start going down rabbit trails and it will never end.

We are appraisers and easily amused....Hey, lookie, a chicken..."

To explain the picture. The poultry farm was built on 40 acres and the owner sold 20 with a shop building to a pastor at his church. The pastor built directly across from the poultry barns, partly perhaps to use the driveway and allowed the owner to continue to use the shop. After building it, the preacher built a driveway to the other side of the house, which is what is the "front". About 10 years later the pastor moved on and took 3 years to sell the house. It was discounted severely even though the farm had gone "dark" and was not in use.

 

[Peter LeQuire]

But the guy who built the house probably had access to some great fertilizer for his pea patch.

 

[TRESinc]

the ADA provides limited protection from discrimination for recovering drug abusers and for alcoholics.

recovering is not the same as someone living in/using a crack house. close but no cigar.

 

[jay trotta]

SUBJECT: Fair Housing Laws and Appraisal Report Content ( USPAP-AO 16 )


APPLICATION: Real Property

THE ISSUE:

In developing and reporting an appraisal or appraisal review assignment, what should an appraiser consider to

comply with current fair housing laws?

BACKGROUND:

Fair housing law(s) preclude the use of certain specific information or supported conclusions related to

protected group(s) in some assignments. Accordingly, an appraiser should be knowledgeable about the laws that

affect the subject property of an assignment. Laws and regulations on fair lending and fair housing (such as the

Fair Housing Act; the Equal Credit Opportunity Act (ECOA), and the laws and regulations of applicable

federal, state, and local jurisdictions) continue to evolve. Further, appraisers must continue to provide appraisals

that do not illegally discriminate or contribute to illegal discrimination. The Conduct section of the ETHICS

RULE states in part, An appraiser must not use or rely on unsupported conclusions relating to characteristics

such as race, color, religion, national origin, gender, marital status, familial status, age, receipt of public

assistance income, handicap, or an unsupported conclusion that homogeneity of such characteristics is

necessary to maximize value (bold added for emphasis).

NOTE: In some cases, even supported conclusions in assignments relating to characteristics such as race, color,

religion, national origin, gender, marital status, familial status, age, receipt of public assistance income,

handicap, or group homogeneity cannot be used because they are precluded by applicable law.