🏠 Housing & Land

Section 1 — Ownership, Property Rights & Limits

Section 1 Purpose

This section defines the scope, limits, and responsibilities of property ownership under the Affordability Act. It protects ownership rights while ensuring those rights cannot be used to evade safety standards, distort markets, or undermine access to housing and land.

1.1 Ownership Rights Guaranteed (Not Absolute)

1.1.1 Core Ownership Rights

Lawful owners of property are guaranteed:

• exclusive possession,
• the right to sell, lease, or occupy,
• the right to improve or modify property subject to safety codes.

1.1.2 No-Immunity Clause

Ownership does not exempt any person or entity from:

• blight enforcement,
• safety standards,
• valuation limits under this Act,
• anti-hoarding or market participation rules.

Ownership may not be invoked to defeat enforcement of affordability, safety, or public welfare protections.

Summary — 1.1 Ownership Rights Guaranteed

This subsection defines core property rights while affirming that these rights do not override public safety, affordability, or community protections.

Examples

Example: An owner refuses required safety repairs citing full ownership. → Safety and habitability enforcement still applies.

Example: A property owner claims ownership exempts them from valuation limits. → Affordability protections still govern resale and rental pricing.

Why this subsection exists

Without clarifying that ownership is not absolute, ownership claims could be used to evade enforcement of affordability, safety, or public welfare rules.

1.2 Anti-Hoarding & Accumulation Limits

1.2.1 Purpose Limitation

Property may not be accumulated primarily for:

• speculative resale,
• artificial scarcity,
• value inflation without productive use.

1.2.2 Scaled Ownership Review

Entities or individuals holding multiple residential properties may be subject to:

• enhanced reporting,
• valuation caps,
• use-or-release requirements.

Primary residences are exempt from accumulation penalties.

Summary — 1.2 Anti-Hoarding & Accumulation Limits

This subsection limits accumulating residential housing purely for market manipulation or scarcity creation.

Examples

Example: An LLC owns 20 homes and leaves them empty to force rental price inflation.
→ Anti-hoarding enforcement applies.

Example: A corporate investor repeatedly flips homes for profit without productive use.
→ Accumulation rules trigger.

Why this subsection exists

Without anti-hoarding limits, shortage economics can be engineered, reducing affordability and increasing housing insecurity.

1.3 Trusts, Inheritance & Beneficial Ownership

1.3.1 Trust Transparency

Property held in trust must disclose:

• beneficial owner(s),
• occupancy status,
• maintenance responsibility.

Trust structures may not be used to evade valuation, upkeep, or market participation rules.

1.3.2 Inherited Property Protections

Inherited property is protected from forced sale provided:

• base valuation limits are respected, and
• minimum upkeep standards are met.

Minor beneficiaries are granted extended compliance periods with no penalty accrual.

Summary — 1.3 Trusts, Inheritance & Beneficial Ownership

This subsection ensures trusts and inheritance structures cannot be used to evade accountability or market safeguards.

Examples

Example: A trust obscures beneficial ownership to avoid vacancy rules.
→ Beneficial ownership disclosure is required.

Example: A minor inherits a home but cannot maintain it.
→ Compliance timelines pause until lawful control is possible.

Why this subsection exists

Trust and inheritance loopholes enable avoidance of valuation and upkeep responsibilities, undermining affordability and community stability.

1.4 Corporate & Foreign Ownership Rules

1.4.1 Equal Applicability

All provisions of this Act apply equally to:

• individuals,
• corporations,
• investment entities,
• foreign owners.

No entity is exempt by virtue of residence, citizenship, or incorporation location.

1.4.2 Use-It-or-Release Requirement

Residential property held vacant beyond defined thresholds may be subject to:

• compulsory listing,
• public acquisition at regulated value,
• or mandated productive use.

Summary — 1.4 Corporate & Foreign Ownership Rules

This subsection clarifies that ownership protections and responsibilities apply equally to all legal entities.

Examples

Example: A foreign owner claims tax treaties exempt them from upkeep.
→ Act protections still apply.

Example: A corporation holds 50 properties and avoids use requirements.
→ No ownership class exemptions apply.

Why this subsection exists

Without explicit equality, large entities could evade accountability, accelerating affordability issues.

1.5 HOA & Common-Interest Safeguards

1.5.1 HOA Responsibility for Common Areas

Where property is controlled by an HOA:

• the HOA is responsible for blight, safety, and upkeep of unsold or common units.

1.5.2 Opt-Out & Control Limits

HOAs may not:

• impose nonessential restrictions unrelated to safety,
• extract disproportionate fees,
• retain control when a majority of lots remain unsold beyond a defined period.

Ownership must not be rendered nominal by private governance.

Summary — 1.5 HOA & Common-Interest Safeguards

This subsection ensures HOA governance cannot override essential affordability, safety, or maintenance requirements.

Examples

Example: HOA attempts to levy excessive fees unrelated to safety.
→ Fees capped as per rules.

Example: HOA refuses to allow a resident to sell in order to increase dues revenue.
→ Control limitations apply.

Why this subsection exists

Unrestricted HOA authority can suppress ownership rights and increase costs unrelated to property wellbeing.