Category Archives: Waccabuc NY

New Years Resolutions for Home Renovations That Can Save Money | Waccabuc NY Realtor

Use Compact Fluorescent Bulbs

Compact fluorescent bulbs save energy in the home. In fact, the bulbs use three-quarters less electricity than standard light bulbs. These light bulbs can last as long as seven years and may cost more than a standard light bulb, but the bulbs are worth the investment.

Purchase a Low-Flow Shower Head

The low-flow shower head regulates the water flow in the home. This project is easy and will only require less than an hour to install. Experts recommend installing a low-flow shower head on every shower in the home. This will save significant amounts of energy and money by regulating the flow of water. Many people neglect to make this change and waste significant amounts of money.

Purchase Solar Panels

Use solar panels to attract energy from the sun. This is a significant savings over obtaining electricity from the electric company. Installing solar panels can be expensive, but it is worth the investment. Most people add the solar panels gradually each year until there is enough to supply energy for the entire home on a daily basis.

Before installing the panels, you should conduct an energy test. This test can help you identify where the air is escaping from the home. When the areas are identified and sealed, there will be no wasting of heat or energy collected from the solar panels.

Purchase Energy Star Appliances

Purchase energy efficient appliances and put them in your home. These devices use less energy than standard energy star appliances. When appliances are not in use, you can save even more energy by unplugging the device. The thermostat can also adjust to save money.

Home Renovation and Energy Conservation

The New Year will bring savings if a few simple home renovations are completed. Every home owner can make their home safer and more energy efficient with a few simple changes. Consider the home renovations to improve the home and increase your savings.

3 ways to start your workweek refreshed, productive | Waccabuc NY Real Etate

Image courtesy of <a href=What the Most Successful People Do on the Weekend: A Short Guide to Making the Most of Your Days Off”
Author: Laura Vanderkam
Publisher: Penguin, 2012; 47 pages; $2.99 e-book

Have you ever ended your workweek with a heartfelt “thank goodness it’s Friday” only to go back to work on Monday feeling more worn out and exhausted than you did three days earlier? It’s no wonder, what with the digital creep of work into our out-of-office time and lives and the fact that many Americans now maintain near superhuman recreational and household calendars.

Unfortunately, returning to work feeling depleted and worn out is a surefire way to start off an unproductive week — even if you did get your basement cleaned out or wrap up that lingering report that was due Friday over the weekend.

After her exploration of “What the Happiest People Know About Getting and Spending (Money)” and “What the Most Successful People Have for Breakfast,” author and time management expert Laura Vanderkam is back, sharing her findings on the topic of “What the Most Successful People Do on the Weekend: A Short Guide to Making the Most of Your Days Off.”

Here is just a sampling of the insights this super-short book has to offer:

1. “Keep a (tech) Sabbath.” Referencing Bible verses that explained that the Sabbath is intended not to create another rigid rule, but to ensure that people, their servants, oxen and donkeys had sufficient rest for the week ahead, Vanderkam encourages readers of all faiths to take time every weekend to observe a “stretch of time apart from the computer, phone and work stresses” in order to “create[ ] space for other things in life.”

Interviewing a number of A-list execs who swear by this strategy for preserving sanity and productivity, Vanderkam surfaces one surprising side effect of taking a regular tech Sabbath day: “[w]ithout the distractions of the Internet, you may find ideas rushing at you.”

2. “Put first things first.” Vanderkam borrows an exercise from the late author and motivational speaker Stephen Covey that involves organizing your priorities by first articulating to yourself the various roles you play in life that are important to you, then specifying the top two or three priorities you’d like to accomplish in each role over the 168 hours (week) to come.

Vanderkam suggests doing as some of the highly productive CEOs interviewed in the book do, and sitting down on Sunday to carve out time on your calendar to hit just the top two to three priorities for each role for the following week. “First,” she says, “blocking six to nine priorities into a 168-hour week still leaves a lot of blank space. But second, if you accomplished all those things, you would have an absolutely amazing week.”

3. “Life cannot happen only in the future. It cannot wait for some day when we are less tired or less busy.” Vanderkam points out that marathon runners know they require rest and cross training to make progress and have breakthroughs. In the same vein, she proposes, those of us who work hard, long hours during the week need to spend our precious, weekend moments doing completely non-work-related activities in order to store up the fleeting, precious memories of present phases of life with our families and to build skills and have insights that will make us better at our work.

“If you work long hours,” Vanderkam writes, “then weekends are key to feeling like you have a life that is broader than your professional identity — even if, and probably because, you take that identity very seriously.”

You might think the idea of a book about how to spend your weekend is silly or unnecessary. If you are routinely frazzled on Monday or you are committed to achieving peak performance in your career and your personal life, suspend your skepticism. If you fall into this description, I strongly recommend taking this super-short tour Vanderkam offers through a different way to experience your weekends in order to elevate your experience of your entire life.

Facebook vs. Google: It’s on in search | Cross River Realtor

Facebook’s new “graph search” is the beginning of a long-term attempt to strike at Google’s most lucrative product.

Screen Shot 2013-01-15 at 1.34.57 PM

When Google unveiled free word processing and spreadsheet apps back in 2007, the company wasn’t trying to immediately topple Microsoft’s Office suite. After all, Google’s apps were―and still are―inferior to powerful programs like Word and Excel. But their launch was the beginning of a long-term campaign to nibble away at one of Microsoft’s core franchises. In fiscal 2012 Microsoft’s business division, which includes Office, brought in $24 billion. But there is little doubt that it would be even larger had Google not offered a cheaper alternative now used by millions of businesses.

Facebook (FB) is taking a page from Google’s (GOOG) playbook. The social networking giant on Tuesday unveiled a search service. It is not aimed at toppling Google from its perch as the king of Web search any time soon. Instead, it is the opening round in a long-term campaign to erode Google’s monopoly over the most powerful and profitable business on the Internet. If successful, Facebook’s so-called “graph search” will offer users an alternative to Google that may work better for many types of queries. In due time, it could turn into a tidy business for Facebook.

“Graph search is not Web search,” Mark Zuckerberg, Facebook’s co-founder and chief executive, said during a packed press conference at the company’s headquarters in Menlo Park, Calif.

Indeed, Facebook only searches for things that have happened on its sprawling site. For now, it concentrates on four types of searches: people, photos, interests and places. But the types of queries possible with Facebook’s new service are innovative and useful. Users can “find friends who like soccer” or “find friends who like soccer in your hometown.” Users can find all the photos they’ve liked or all the photos their friends have taken in Paris. They can find restaurants in San Francisco liked by friends who are locals, or by friends who are Indian―say if they’re in the mood for spicy food. Users can’t do that on Google.

The promise of this kind of service—which, by the way, was built by a team of 50 engineers led by two ex-Googlers—is enormous. For starters, it could broaden the utility of Facebook, turning it from a tool of interaction into one that helps users discover new things. And Google, which is trying to be the place where people find not only other Web pages, but also restaurants or plumbers or HD televisions, should be worried. (Google declined to comment.)

Yet Facebook’s caution―graph search is still in beta or test mode, and is only being rolled out to a very small fraction of the site’s more than 1 billion users―is warranted. The company’s demo was dazzling, but the queries were for users who were also Facebook employees. These are Facebook “super-users” who likely check in every place they go, and click the Like button on every book, song or brand they, well, like.

I’d venture a guess that the majority of Facebookers are more parsimonious in their usage of the site and may not regularly share what they’re reading or listening to, let alone recommend their plumber, dentist or contractor to their closest 500 friends. Without that information, their contribution to the search graph will be limited. I have hundreds of Facebook friends, yet the answer to the query “pizza places in Oakland that my friends like” was hardly satisfying—it listed just one result. (Regular Facebook users can request access to graph search here.)

And of course, Google has never been known for taking its eye off the ball when it comes to search. The company already has a social network in Google+. While it lacks the level of activity that Facebook enjoys, it could readily serve as the basis for Google to build a rival graph search service. (As Fortune chronicled in its 2011 cover story, this battle has been a long time coming.)

The biggest understatement of the press conference may well have been Zuckerberg’s response to the question of monetization. “This could potentially be a business over time,” he said. For now, graph search has no ads. But if people start searching for restaurants of stores in large numbers, plenty of those businesses will be willing to pay Facebook in exchange for preferential placement in search results. Zuckerberg said Facebook would focus on improving the product, and rolling it out on mobile phones and in other languages, before it considers taking ads.

“This is one of the coolest things that I think we have done in a while,” Zuckerberg said. Many Facebook analysts agree. If Facebook appeared beleaguered after its disastrous IPO, Zuck’s crew is gunning for Google again, reminding its biggest rival that while it was down for while it certainly wasn’t out.

Oh, and as the two giants battle it out in the coming years, there is bound to be collateral damage. On Tuesday, shares of Yelp (YELP), which risks being tripped up by Facebook’s graph search sooner than Google will, dropped more than 6%.

Kelly Ripa Lists Crosby Street Penthouse | Waccabuc Realtor

Source: IMDb

After quietly shopping their SoHo apartment around this summer, Kelly Ripa and husband Mark Consuelos have officially listed the penthouse for sale at a pricey $24.5 million.

Described as an “unparalleled penthouse,” the Manhattan property at 76 Crosby St. (also listed as 81 Spring St.) is enormous, measuring 6,792 square feet with 5 bedrooms and 4.5 baths.

The TV host and her actor husband bought the home in 2005 for $9.5 million and completed a two-year renovation to bring it to the luxury residence it is today.

The home has high ceilings, stained white oak floors with radiant heating and a custom kitchen stocked with high-end appliances. The master suite is described as the “ultimate retreat,” with two walk-in closets, soaking tub and steam shower.

French doors lead to a 2,500-square-foot rooftop terrace with an outdoor fireplace and plenty of seating. Another terrace spot, which includes an outdoor shower, is connected to a private home gym.

Ripa and Consuelos also own a home in Southampton, NY. Ripa signed a five-year contract for “Live! With Kelly and Michael” in 2011.

Listing photos courtesy of The Modlin Group. The property is co-listed with Adam Modlin and Raphael De Niro of Prudential Douglas Elliman.

Real Estate Q&A: Lessons Learned | South Salem Realtor

Each month, San Diego State University lecturer and Zillow Blog contributor Leonard Baron will answer two questions from readers regarding buying, selling and investing. Have a question? Send it to Leonard@ProfessorBaron.com

Real estate lessons learned

Hi Professor — I enjoy reading the guidance you give in your Zillow blog and writings. I’m just getting started in learning about real estate investing, and I wanted to know more specifics about some of those “hard lessons” you’ve learned. Andrea R., Des Moines, IA

Hi Andrea — Oh there have been so many! Real estate is truly a business that we learn as we go. Where do I start? None of these will I ever do again:

  • Fixer-uppers: It seems like it will be fun and profitable to buy a fixer-upper and fix it up! It’s not. There are too many buyers chasing these, so the prices get pushed above what they are worth. Plus it always costs a lot more to renovate and takes a lot longer than you anticipate. Plus you have to pay for all the cost overruns right out of your own pocket. Some people can make these work, but I suggest leaving the fixers to the contractors who are skilled and in the business of renovating properties.
  • Prize, negative cash flow properties: I own a really nice beach property that I bought 10 years ago. I didn’t know that rents in prize areas are way too low for the prices the properties command. I’m just breaking even — almost — on the rent, less expenses, after a decade. Moderately priced properties can be cash-flow positive from year one. Buy those!
  • Vacation rentals: These are the worst. You’ll hear people say the monthly income pays the entire year’s mortgage, which may be true. The problem is there are all kinds of other expenses, and those expenses as a portion of rental income can approach 80 percent, just like a hotel. A normal rental property is typically 35-40 percent.
  • Land investment: Land is 100 percent speculative. Buy assets that pay rental income, dividends or interest, and skip assets where you don’t get some cash return back along the way.

Ask me again in a few months, and I’ll throw more mistakes onto the above list!

Selling one property to buy another

Hi Leonard — I am thinking about selling an investment property I have to buy another. The current one is a good property, pays me nice cash flow, has plenty of equity and has done well for me. But I want to sell and buy something bigger. Can I do a 1031 exchange. Bob M., Los Angeles.

Yes Bob, you can. But I’m wondering why you would. If you have a great property, that you know well, and it’s doing well, keep it! If you sell, even if you do a 1031 tax-deferred exchange, you’ll spend about 10 percent of the property value in transaction costs, so that equity is wiped out. Keep it! If you want to buy more real estate, find out about a cash-out refinancing on the existing one so you can add another property to your portfolio while keeping the great one you have.

Also, 1031 exchanges are complicated, and you have to be on tight timing. I’ve seen many people sell one property and rush to buy another one — even though it’s a really bad property — because that is the only one they can purchase in the IRS-allowed time frame, and their only goal is to avoid paying taxes. So they sell a good property to buy a real dog.

To summarize, if you have a good property, keep it!

Waccabuc Real Estate | Bernanke: QE successfully brings down mortgage rates

Federal Reserve Chairman Ben Bernanke discussed how the Federal Open Market Committee succeeded through its decision in December of its open-ended quantitative easing program, which has brought long-term interest rates down, and reduced mortgage rates to a ‘credibly low’ level.

Raising interest rates would increase budget deficits, making fiscal problems more challenging. Thus, raising rates would not be a sensible decision to get Congress moving forward on budget negotiations, Bernanke stated.

The Committee decided to continue to purchase additional agency mortgage-backed securities at a pace of $40 billion per month.

“Taken together, these actions should maintain downward pressure on longer-term interest rates, support mortgage markets, and help to make broader financial conditions more accommodative,” the report said.

Furthermore, there also hasn’t been a completely new method of monetary policy the Fed hasn’t explored and that asset purchases as well as communications policies are the two main tools at the Fed disposal.

Bernanke spoke on Monday to the University of Michigan’s Ford School of Public Policy, followed by a question-and-answer session. The public was able to ask Bernanke questions via Twitter.

One of the more popular questions asked, which was retweeted 190 is featured below. Click to view the tweet.

The first Twitter question asked, why the Fed continues to ‘undershoot’ its inflation target.

Bernanke stated that the short-term interest rate is close to zero and that the Fed has to pay lose attention to the costs and risks of the policies.

Quantitative thresholds are the better way to communicate interest rate guidance rather than providing a projected calendar date for policy shifts. The main benefit is that QE thresholds allow great clarity on policy evolution given the economic changes.

Additionally, Bernanke noted the main area of financial reform that continues to be neglected is both government-sponsored enterprises Fannie Mae and Freddie Mac.

The fiscal cliff resolution that was finalized, made progress toward long-term sustainability and also made a good start on removing components that would harm the economy.

However, “I should hasten to say we are not out of the woods,” Bernanke cautioned.

Housing Recovery Rescuing 8 Million Underwater in U.S: Mortgages | Cross River Real Estate

Maggie Medved was stuck with her Phoenix house for two years after the market crash wiped out the equity in the property. Last year, as prices in the area rose by the most in the U.S., she and her partner were finally able to sell the 3-bedroom 1950’s style home and move to a larger place.

“We were counting the days for when we could move,” said Medved, 40, who trains employees for weight loss company Jenny Craig Inc. “We definitely knew it was a waiting game because it would’ve been financial suicide if we had sold earlier.”

Medved was among the 12 million borrowers in the U.S. who at the peak of the real-estate downturn owed more on their mortgages than their houses were worth, blocking them from moving or saving money by taking advantage of the lowest borrowing costs on record to refinance. As prices recovered, the number of underwater borrowers fell by almost 4 million last year to 7 million, according to JPMorgan Chase & Co., and could drop to 4 million within 2 years.

The housing market is rebounding faster than anyone thought possible, according to Blackstone Group LP’s global head of real estate Jonathan Gray, as the Federal Reserve buys mortgage bonds to keep rates near record lows and investors sop up a diminishing supply of properties for sale. Housing construction could boost U.S. gross domestic product by 0.4 percentage point and home price appreciation may add another 0.2 percentage point, Bank of America Corp.’s senior economist Michelle Meyer forecasts.

‘Appreciating Asset’

“It supports household wealth, consumer confidence and can generate greater credit creation,” Meyer said. “If prices are rising, homeowners believe that they will once again have an appreciating asset. It’s a very big change in how they think about their wealth and their balance sheets.”

Medved’s Phoenix home was on the market for two days before it sold for $85,000, just shy of the price paid in 1998. She and her partner Wendy Thomas bought a larger property with a pool for $210,000 in Glendale, about 10 minutes away.

“We’d outgrown the house and the neighborhood took a turn we didn’t like,” Medved said. “Almost 12 years later we were in the hole $30,000. We couldn’t take that much of a loss and needed to stay regardless of what the neighborhood had become.”

Arizona’s capital city is leading the U.S. in price appreciation, surging 22 percent in the 12 months through October, according to an S&P/Case-Shiller index, which had the biggest year-over-year advance since May 2010. Eighteen of the 20 cities in the index showed increases from a year earlier.

Even with the gains, Phoenix prices were down about 45 percent through November from their 2006 peak, according to Zillow Inc. Nationally, prices peaked in May 2007, according to the real-estate website, and are down 19 percent.

Supply Dropping

Prices of properties in Phoenix climbed as the inventory of houses for sale dropped to about 14,700 in December, about half of the normal level, according to Tina Waggoner, a real estate broker in Phoenix, and the one who sold Medved’s property last year.

“The supply has dropped substantially,” said Waggoner, who specializes in distressed sales. “Cash investors are beating out buyers all the time.”

JPMorgan analysts led by John Sim estimate the price growth last year was responsible for a drop of almost 4 million in underwater borrowers. The number of homeowners that owe more on their mortgages than their properties are worth may fall to 4 million by the end of 2015, according to Sim, whose team is the top-ranked for residential mortgage securities in Institutional Investor magazine’s annual survey.

Constrained Inventory

While a 5 percent increase in home prices could lower the number of underwater borrowers to just above 5 million, a move of that magnitude in the other direction would push it back over 10 million, he wrote in the Jan. 4 report.

Supply across the country is being been constrained as institutional investors including Blackstone and Colony Capital LLC have pushed out traditional buyers competing for a dwindling number of properties.

Blackstone, the largest U.S. private real estate owner, has accelerated purchases of single-family homes as prices jumped faster than it expected, spending more than $2.5 billion on 16,000 homes to manage as rentals, Gray said during an interview last week. That’s up from $1 billion of homes owned in October, when Blackstone Chairman Stephen Schwarzman said the company was spending $100 million a week on houses.

Underwater borrowers, who can’t sell without taking a loss, contributed to rising levels of foreclosures, which blighted neighborhood prices by increasing the number of abandoned homes. It also increased the phenomenon of borrowers who saw little chance of their homes ever being worth what they owed on it sending the keys back to the bank and moving out, known as strategic default.

Foreclosures Slowing

Foreclosure starts dropped 28 percent in November from a year earlier, data provider Lender Processing Services Inc. wrote in a report this week.

As real estate prices rise further, more homeowners will emerge from negative equity and may decide to sell, adding to supply.

Still, increasing prices will have a more gradual effect on the housing market, said Karen Weaver, head of market strategy and research at investment firm Seer Capital Management LP in New York. “Home prices are not rocketing up,” said Weaver. “But all the trends are in place. You have an improvement in the negative equity situation and you have a reduction in the amount of people in the default bucket.”

Housing Estimates

Home values climbed by more than $1.3 trillion to $23.7 trillion since the end of 2011, according to Zillow, and prices will rise by 3.3 percent after an estimated 4.5 percent jump last year, based on estimates of 15 economists and housing analysts surveyed by Bloomberg. Sales of existing homes will increase about 7.2 percent in 2013 to 4.98 million, the highest since 2007.

Increasing prices compounded with Fed efforts to keep mortgage rates low could widen the population of borrowers eligible to refinance and have implications for bond investors.

Higher levels of refinancing would be a boon for securities without government backing such as subprime bonds and option adjustable-rate mortgages issued during the housing boom that trade at discounts to par. Faster prepayments could hurt holders of government-backed mortgage bonds, whose prices average almost 108 cents on the dollar, according to Bank of America data.

The improving housing market has already helped the broader economy heal after the crash triggered the worst recession since the Great Depression. The unemployment rate has dropped to 7.8 percent, the lowest level since January 2009 and Fed officials in December projected economic growth in a range of 2 percent to 3.2 percent in 2013.

“For most middle class households, homes are by far their biggest asset,” Weaver said. “So once the housing market starts to recover it helps consumer spending, it helps the whole economy.”

Who’s getting cheap mortgages? | Waccabuc Realtor

Mortgage rates hovering by record lowsAlthough mortgage rates ticked higher in the most recent weekly data, levels remain near record lows, according to Freddie Mac. The 30-year fixed-rate mortgage average rose to 3.40% in the week ending Jan. 10 from 3.34% in the prior week, compared with a record low of 3.31% that was set in November, according to the most recent weekly data. As the Federal Reserve continues to support low rates, analysts expect average 30-year mortgage rates to remain well below 4% throughout 2013.– Ruth Mantell Read more about interest rates.Housing affordability on track to set record Record low interest rates, along with low prices, are making housing more affordable than ever, according to analysts. A barometer released this week showed that housing affordability is expected to set a record in 2012, according to data from the National Association of Realtors. The trade association is forecasting that its index of housing affordability will hit a record level of 194 in 2012, up from 186 in 2011, when the prior record was reached. Data go back to 1970. A reading of 100 means that a household with median income would have exactly enough income to qualify for buying a median-priced existing single-family home. A level of 194 for last year means that families had almost double the income needed for buying a median-priced existing single-family home. However, skeptics might note that NAR’s index didn’t fall below 100 even during the recent bubble. Indeed, the last time the index reached under 100 was in 1985, when mortgage rates were in double digits.Read more about affordability.Rising credit scores for Freddie, Fannie loansDespite record affordability, economists, including Federal Reserve Chairman Ben Bernanke, have been concerned that overly tight credit standards have prevented many buyers from participating in the housing market. Indeed, credit scores for loans purchased by Fannie Mae and Freddie Mac started rising in 2008 and remain relatively high. In the third quarter, the weighted average credit score of single-family mortgages purchased by Fannie reached 761, while the score was 762 for Freddie-acquired loans. Those levels are up from the 730s in 2008. Looking to increase lenders’ willingness to make loans, federal regulators unveiled new rules this week to clean up the mortgage marketplace while offering legal protections to lenders when loans go bad.Read more about new mortgage rules.Debt-to-income ratios fallingWhile credit-score standards have increased post-bubble, debt-to-income ratios have been falling. For home-purchase loans, the weighted average debt-to-income ratio at the time of origination is currently around 34%, down from a bubble high of about 40%. “The average debt-to-income ratios are back to basically the early 2000 levels for reasonable, sustainable mortgage payments,” said Mark Fleming, chief economist for analysis firm CoreLogic. “Apart from credit scores maybe being a little bit too tight, all of the other aspects of the traditional metrics on which you underwrite mortgage loans are really back to reasonable and tried and true levels.” Still, there are concerns that first-time home buyers who have trouble with a down payment are falling through the cracks. The new rules on so-called qualified mortgages are restricted to those loans with a debt-to-income ratio no greater than 43% — over the last two years, about 14% of mortgages didn’t meet that standard, according to the American Bankers Association.Denial rates for mortgages are downInterestingly, denial rates for mortgages are down, according to Federal Reserve analysis of data provided under the Home Mortgage Disclosure Act. The denial rate for owner-occupied conventional first-lien home-purchase loans in 2011 was 14.8%, compared with a recent peak of 19% in 2007, according to the Fed. How does that trend jibe with concerns about overly tight standards? “The pool of borrowers changes over time. It is not always obvious how it affects denial rates. It is likely now only well-qualified folks apply. In the subprime period a much weaker pool of borrowers applied, maybe more than once,” according to one Fed economist. Fleming, the chief economist at CoreLogic, said that while denial rates are within normal levels, there are potential borrowers who probably aren’t bothering to apply. “Maybe there are a whole pile of people who figured it out, and know that there is no point in coming forward for a loan. But that’s a lot different than the banks not being willing to lend,” Fleming said.

Landlord having trouble evicting marijuana dispensary | Waccabuc NY Real Estate

Q: I read recently about a California court that refused to evict a commercial tenant (a medical marijuana dispensary). California has legalized medical marijuana. Does this mean that California landlords cannot evict for medical marijuana use on their properties? –Stephen S.

A: You’re referring to a November 2012 decision by the Alameda County Superior Court, in a case known by the name of the marijuana collective, Harborside Health Center. The dispute between Harborside and its landlord is currently being litigated in federal court.

Briefly, possession, use and sale of marijuana is a federal offense; but in California, the Compassionate Use Act gives patients and their suppliers immunity from state prosecution if they adhere to the provisions of the act.

In the Harborside case, the landlord signed a lease with the cooperative many years before, allowing it to operate the cooperative. But the U.S. Department of Justice has been targeting cooperatives in California, accusing them of breaking federal law. Many think the DoJ is motivated by a belief that dispensaries are selling marijuana to just about anyone (no one can seriously dispute the ease of obtaining a medical marijuana card).

Federal prosecutors cleverly used the cooperatives’ landlords as their hammer: The feds sent letters to the property owners, threatening civil forfeiture of their property if they continued to allow it to be used to further a federal crime. Many landlords sent eviction notices to their tenants, as did the Harborside landlord.

But Harborside refused to move and the landlord was forced to file an eviction lawsuit. The eviction was based on a section of California law that provides for terminating a lease when the tenant has used the property for an “unlawful purpose.” (California Code of Civil Procedure §1161(4).)

The state court concluded that “unlawful purpose” must be understood solely with respect to California law, not federal law. Because the collective had complied with the provisions of the Compassionate Use Act, its activity was not “unlawful” under state law, and the eviction could not be upheld under that section of the law.

The state court’s decision emphasized that the landlord had not based its eviction on a breach of a private right of the landlord under the lease — namely, a clause prohibiting the tenant from disobeying all applicable laws. Of course, the landlord could hardly advance such a claim, because its own lease detailed the tenant’s anticipated use of the premises (as a dispensary).

The Department of Justice continues to pursue a forfeiture action against Harborside’s landlord. After the state court refused to evict Harborside, the dispensary’s landlord took its case to federal court. The judge overseeing the case recently denied the landlord’s requests for preliminary injunctions that would have shut the dispensary down.

Well now, back to your question. Good residential leases specify grounds for termination, and explain that they must obey all applicable laws. Failure to obey all applicable laws is a ground for termination that is separate than using the property “for an illegal purpose.”

The state court in the Harborside case wisely didn’t venture an opinion as to whether the case would have turned out differently had the basis for the suit been “failure to obey all applicable laws,” beyond pointing out the possibly fatal hurdle for the landlord of trying to argue this theory when the landlord knew full well at the outset what the tenant was about to do.

I’m sure you’re wondering even if the landlord had no advance knowledge of his tenant’s use of the property, is there really any difference between “using the property for an illegal purpose” and “failing to obey all applicable laws”? Maybe not, but we won’t know until someone litigates the question.

Q: I purchased a new carpet, some appliances and a hot tub for the condo I bought to use as income property. Can I deduct these costs from my taxes? –Rex F.

A: The cost of getting your rental business up and running is called a startup expense. You can deduct up to $5,000 worth of startup expenses in the first year you are in business, and the remainder in equal amounts over the next 15 years. Put another way, if your business were up and running, and you incurred these costs and could deduct them as regular operating expenses, then you can deduct them when the business begins as startup expenses.

The tricky thing about startup expenses is making sure you’ve categorized an expense correctly. These expenses include minor repairs needed to get a business or property up and running, but they do not include an improvement to the property, which is a capital expense.

So, for example, if you spend money repairing the furnace, that’s a startup expense; but if you buy a new furnace, that’s a capital expense, which is treated differently. It’s depreciated over the item’s useful life, which is five or seven years for most personal property. The carpet, appliances and hot tub are probably personal property. (IRC Section 195.)