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All Forum Posts by: Jenifer Levini

Jenifer Levini has started 24 posts and replied 317 times.

Post: Setting up a tiny house community like a mobile home park?

Jenifer LeviniPosted
  • Attorney
  • Santa Cruz, CA
  • Posts 345
  • Votes 357

Hi All, I love this conversation. I spent 1-2 years trying to set something like this park idea up in California, a few years ago. Finally, it became obvious that the numbers didnt work out because land is too expensive here and the required zoning is only available in undesirable places. In the mean time, I wrote a book about the laws regarding tiny homes which will be coming out later this year. To help this conversation, here is some what I describe in the book. "Tiny homes" is actually a classification that includes 6 different types of dwellings. Tiny homes on wheels (THOW) includes THOW-RV which are the mobile types pulled by trucks and align legally with campers and 5th wheels (recreational vehicles). THOW-PM are legally park models, on chassis but the wheels are usually removed. THOW-MH are legally mobile homes a.k.a. manufactured homes, like PM the wheels are usually removed. There are two types on foundations (THOF). Stick-built tiny homes follow local building laws which may be IBC in many jurisdictions. I call these THOF-BC because they follow some building codes. THOF-FB are those built in factories then assembled onto a foundation on site. These must comply with HUD or state laws depending on where they are manufactured. The last category are called camping cabins. These do not have plumbing and are for temporary stays like the cabins in state parks, camp grounds... I hope that understanding this will make it easier to have conversations about tiny homes and explore your options about creating villages.
Also, I am super interested in learning about how the laws differ from state to state. Ultimately, housing law is state law. @Dave Mason where do I find the laws that you cited that tiny homes are allowed on all residential properties in Oregon?

Post: Rent our place or sell and invest the money?

Jenifer LeviniPosted
  • Attorney
  • Santa Cruz, CA
  • Posts 345
  • Votes 357

Hi @Jennie Carolan, Congratualtions on owning real estate in a beautiful place at such a young age. Many people never get into the California market because it is so expensive.

As a longtime California investor, I want to give you a perspective that is different from the non-Californians above.

1st-there are two types of income: monthly cash flow and long-term appreciation. With prices always rising in the long run, your property will probably appreciate $100K every year or three, depending on the size and location. Who else gives you $100K for doing nothing? Only California real estate! So, If youre just able to break even or a little more on the monthly, it's smart to keep your property.

Realistically, unless you come into a lot of money, if you sell and dont reinvest in California, you will never be able to get back into the market to buy a home when youre ready to start a family. The market will keep rising, but your money will not be working and earning as much as California appreciation, if you invest somewhere else.

If you invest out of state and earn an additional $1000 or $2000 per month, that's $12K per year before taxes. it isnt enough to make a down payment on a burned out garage, in the worst neighborhood in So. Cal.

Rather than sell, youre better off leveraging by taking out a line of credit on the equity and investing it.That money can be invested out of state for low-cost-high-rent to cover both properties (the equity line and mortgage on new property).

Just my two cents.

Post: LEASE OPTION or LEASE PURCHASE?

Jenifer LeviniPosted
  • Attorney
  • Santa Cruz, CA
  • Posts 345
  • Votes 357

Sometimes I read a bunch of non-lawyers trying to give each other legal advice and realize how dangerous this website really is! Jeez!
@Del Kelley, You sound like someone who is trying to get in on real estate deals without doing the required education to become a realtor, or the footwork to become a wholeseller... Trying to get people to pay you when you dont have even a slight understanding of contract law or how a real estate transaction works.

And, most likely the dozens of realtors in your neck of the woods who see your post here, will report you, for attempting to broker deals without a license. 

Investors Welcome!

"Ask a Lawyer" is your opportunity for free legal advice from Jenifer Levini, Esq., a real estate lawyer. Bring your legal questions from your latest deals or future/past problems to hear how a lawyer approaches each issues to find solutions. It turns out that solutions are different in every situation which can be very surprising. Typical questions may involve landlord-tenant, entity formation, real estate transactions, title, easements, neighbors and fences, family disagreements, zoning and more.

Take advantage of this extraordinary opportunity to get your questions answered for free!


Investors typically come from Santa Cruz, Capitola, Watsonville, San Jose, Monterey, Pacifica, Campbell, Salinas, Gilroy, Boulder Creek, Felton, Carmel and other parts of the South Bay Area and Monterey Bay Area.

Post: LLC - Must have or nice to have?

Jenifer LeviniPosted
  • Attorney
  • Santa Cruz, CA
  • Posts 345
  • Votes 357

The answer really depends on how much you have to lose. If you own one property and that's all then you might not need one. But if you own, let's say a rental property, a home you live in, and some other investments, then separating the investment properties within individual entitles is the best liability protection money can buy.

With the new tax laws, there are also tax advantages.

Post: Tiny home community in lake county Illinois

Jenifer LeviniPosted
  • Attorney
  • Santa Cruz, CA
  • Posts 345
  • Votes 357

Hi Marc, I am pretty knowledgeable about tiny homes. In fact, I recently wrote a book about this that explains the laws in California, some of which are nationwide laws. (in the publication process now) But I dont understand your question. Are you asking about building tiny homes? About setting up a village? About getting a loan?

Jen

Post: San Francisco Bay Summit - Feb 16 & 17, 2019 - Join the Reunion!

Jenifer LeviniPosted
  • Attorney
  • Santa Cruz, CA
  • Posts 345
  • Votes 357

Looking forward to this weekend with all of you. 

 In past years many BPers have sought me out to answer legal questions at this event. While I cant gave a lot of specific answers, especially if it requires things like reading your contracts or knowing the details of complicated transactions, I can help explain things like whether you should create new entities for your property ownership, how to form partnerships, some landlord-tenant issues and lots of other advice that is worth exactly what you're paying for it.

I'm also interested in talking about tiny homes.

I have a lot of clients on BP that Ive only met in person at this event. It's pretty fun to meet you guys face-to-face for the first time, and have lunch together.
Looking forward to seeing many of you again,

Jen

Post: Free legal advice in Oakland, CA, February 16 & 17

Jenifer LeviniPosted
  • Attorney
  • Santa Cruz, CA
  • Posts 345
  • Votes 357

@Jay we've got the Portland weather all lined up so you'll feel at home. We/re considerate that way, in California.

@J. Martin see ya soon. I was talking with @Lynn Currie who will need to be prepared for cold and rain, far from the warmth of Austin.

Post: Monterey, CA, Tiny Home Village Development Meetup

Jenifer LeviniPosted
  • Attorney
  • Santa Cruz, CA
  • Posts 345
  • Votes 357

The Veterans Transition Center is developing a tiny home village for veterans. Come learn about the project, and their progress from the director, Kurt Schake, and the project manager and lead architect, Thomas Rettenwender. We can all learn lessons about the path to progress for developing tiny home villages from this project. The presentations will be followed by open discussions and questions about tiny homes and villages. Thomas will be available to answer design questions and Jenifer Levini will be there to talk about legal issues. BYO lunch.