Readings and Commentary of the US Constitution for the purposes of arming all Americans with a tool to protect their rights and their way of life.
Archive for the ‘Article 1 Section 8’ Category
Many grandparents want to do something to help their grandkids move forward in their future. Education is a huge part of a child’s future. Saving for post secondary studies is extremely difficult for many of the modern families in North America today. If it is something that you wish to help your grandchildren with, there are ways that you can do this. Section 529 is a plan that is designed to help you save more money in a tax advantaged way so that your savings multiply over the years in a significant manner. Saving for the education of your precious grandchildren is now easier than ever before.
Section 529 is an available plan in all states but it is best to take one out in your very own state. You may be able to receive additional benefits by doing this. It can offer all kinds of protection including security from creditors as well as grant and scholarship matching opportunities where your savings amount could possibly be matched to double it. There are two different kinds of 529 plans that you can choose from. It is important to make sure that you understand all of the details regarding each of them.
One type of the 529 plan is the prepaid plan. The other type is the savings plan. These are not the same and they can vary quite a bit. Make sure to ask questions of the bank personnel that help you to set up your 529 plan. You can choose to buy tuition credits or make specific deposits into this plan. Be sure to read through any fine print and be aware of all of the details. The money that is acquired through one of these plans can later be used for anything that is related to schooling such as tuition, books or other necessary supplies.
There are several benefits to choosing one of these savings accounts. There are tax deductions that you can qualify for and the account always remains within your control. You can choose when the beneficiary receives the money that is in the account and you can even choose to withdraw the money for yourself if you really want to. There are no rules that take your rights away. It is your money after all. You might be pleasantly surprised at how convenient and easy to this type of savings plan is to start and maintain. It is one of the best and most reliable ways to get a savings plan going for your grandchildren’s education.
There are a few disadvantages associated with the section 529 savings plan. It is considered an asset which will be factored in to other financial equations such as loans. It is actually better for grandparents to put these accounts in their own name rather than the grandchild’s or even their parents names. Taking care of family is something that is important to many of us. Look into section 529 plans by asking someone that you trust. Your grandchildren will truly appreciate it when the time comes that they need it.
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In the Building Code of Australia, BCA Section J sets the criteria for a building to satisfy the energy efficiency requirements of the BCA in order to satisfy the Local Government Area Council of a development for issuing a Construction Certificate. Since the introduction of the BCA 2010, Section J has seen the most significant changes compared to all other sections of the BCA and energy efficiency requirements of this section has become far more stringent compared to previous releases of the BCA. Not only the structure of this section is changed, there are many new technologies and elements in relation to the energy efficiency performance of a commercial building that now must be evaluated versus the BCA Section J requirements.
BCA Section J 2010 addresses the following elements of the building design with regard to energy efficiency requirements:
Air Conditioning and Ventilation Systems
Artificial Lighting and Power
Hot Water Supply, Swimming Pool and Spa Plants
Access for Maintenance and Facilities for Monitoring
For the first time, BCA 2010 renewable energy is considered a form of reduction in Green House Gas Emission of a development and its utilization in a building is now recognized. Also it is required that a development to obtain its energy from a source that has a Green House Gas Intensity of less than 100 g CO2-e/MJ of thermal energy load or from other renewable or reclaimed energy sources. This practically means that you must utilize the Natural Gas as the source of energy in your development wherever available and for any means of energy generation which it can be used adequately. The Verification Method using the reference building in the BCA Section J 2010 is now more detailed and use of renewable energy is recognized in the simulation. All Deemed to Satisfy Parts i.e. Parts J0 to J8 are more or less changed. Part J4 is now left Blank and its provisions are scattered in other parts in a more appropriate manner. Swimming Pools, Spa Plants and energy consumption monitoring devices are also totally new in 2010 version.
What these changes mean to building industry professionals is a very scenario specific matter. Some of the more advanced commercial buildings in Australia already surpassing the energy efficiency requirements of the new BCA by a considerable amount to satisfy requirements of other sustainability schemes like Green Star, NABERS or BEEC for promotional purposes but for some developers and building owners the new BCA Section J provisions might seem overwhelming and very taxing on the design and construction budgets. Eventually as the BCA regulations are being enforced there would be more technology and public awareness to satisfy the energy efficiency requirements of the BCA Section J but for the current transitional period of moving into a much higher level of energy efficiency in a short time period, there will be many situations when the building design is finished while a BCA Section J assessment has not been performed during the design stage. It is now more likely than before that a building does not satisfy the requirements of the BCA and drastic and major changes are required in the layout, insulation level, windows and appliance performance, lighting etc before a commercial building can achieve a Construction Certificate from Australian Local Government Authority Councils.
Talking from experience, the most confusing scenarios which unfortunately lead to the least educated solutions arise when councils want a BCA Section J report to be submitted for an alterations and additions project where only a number of walls or windows are being replaced following the energy efficiency provisions of the BCA and the buildings envelope integrity is not preserved. The results are more adequate for new developments when the whole buildings envelop and its services are being designed under a single unified energy efficiency approach. If you want to know more about BCA Section J in general please visit my BCA Section J page and its associated pages at Eco Certificates Website.
– Australian Building Code Board web site
– Building Code of Australia 2010 Volume 1
– Eco Certificates website BCA Section J
What is a Section 8 Notice to quit?
A ‘section 8 notice to quit’, also known as a ‘section 8 possession notice’. Generally, the section 8 route is used where there is some default on the part of the tenant. The most common type of default during the term of the tenancy will be non-payment of rent, but any breaches of the terms of the tenancy agreement can also precipitate possession proceedings (e.g. damage to the property, nuisance to neighbours etc.) using this route.
The landlord cannot evict the tenant without first obtaining an order for possession from a court. The court will require that the landlord, or his agent, is able to show adequate evidence or proof of the default before it will order the tenant to move out of his rented home.
Differences between Section 8 and Section 21
Section 8 notices are similar to another legal tool, known as a Section 21 notice. A Section 8 notice can be issued during an Assured Shorthold Tenancy – the most common type of residential tenancy agreement. Section 21 notices, on the other hand, can only be issued at the end of a tenancy – for example if the tenant has refused to leave the property after the term of the tenancy has expired.
Requirements of Section 8 Notice
The requirements of Section 8 include the following:
The Landlord must serve a Section 8 Notice on the Tenant(s) and begin Section 8 Proceedings within the prescribed time frame;
The Section 8 Notice must be in the prescribed format; and
The Section 8 Notice must specify which ground(s) of possession the Landlord is using to obtain possession.
Grounds for Possession:
Section 2 of the Housing Act 1988 provides 17 grounds that the Landlord may use in order to obtain possession of his property from the Tenant. Where there is more than one ground for possession, all the applicable grounds should be included on the Section 8 Notice.
A brief summary of the 17 grounds of possession follows:
Ground 1: The Landlord used to live or he intends to live in the property as his principal home.
Ground 2: The Mortgagee is claiming possession (only in cases where the mortgage predates the tenancy).
Ground 3: The tenancy is a holiday let and was previously let for a holiday.
Ground 4: The tenancy is a student let and was previously let by an educational establishment to students.
Ground 5: The property is held for use by a minister of religion.
Ground 6: The Landlord intends to redevelop the property.
Ground 7: The former tenant has died (except where there is a person with a right to succeed).
Ground 8: The Tenant owed at least 2 months rent (for a monthly tenancy), 8 weeks rent (for a weekly tenancy), 3 months rent (for a quarterly tenancy) or 6 months rent (for a yearly tenancy) at the date of service of the Section 8 Notice and still owes at least this amount of rent on the date of the court hearing.
Ground 9: Suitable alternative accommodation is available.
Ground 10: The Tenant was in arrears with his rent at the time of sending Section 8 Notice and at the commencement of court proceedings.
Ground 11: The Tenant is consistently in arrears with his rent payments, even if he is not in arrears at the commencement of court proceedings.
Ground 12: The Tenant has breached one or more of terms of the tenancy agreement.
Ground 13: The Tenant, his sub-tenant or any other person living in the property has caused the condition of the property or any of the common parts to deteriorate.
Ground 14: The Tenant or someone who is living in or visiting the property has caused or is likely to cause a noise or nuisance to neighbours, alternatively they have used the property or allowed it to be used for immoral or illegal purposes, or they have committed an arrestable offence in or around the property.
Ground 15: The Tenant, his sub-tenant or any other person living in the property has caused the condition of the furniture to deteriorate.
Ground 16: The Tenant was granted the property as a result of his employment and is now no longer employed by the Landlord.
Ground 17: The Landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by either the Tenant or by someone on the Tenant’s behalf.
Mandatory Grounds vs Discretionary Grounds
Some of the grounds are mandatory, which means that if a landlord proves that one of the grounds applies the court has no choice but to award him possession. Some of the mandatory grounds, called ‘prior notice’ grounds, can only be used if the landlord informed the tenant in writing before the tenancy started that he intended one day to ask for his property back using those grounds The following grounds are mandatory: Grounds 1, 2, 3, 4, 5, 6, 7 and 8.
The other grounds are discretionary, and the court will only award possession if it is reasonable to do so. The following grounds are discretionary: Grounds 9, 10, 11, 12, 13, 14, 15, 16 and 17.
Does a Section 8 notice to quit Guarantee a Possession Order?
Issuing a section 8 notice to quit on a tenant does not guarantee that the court will grant a possession order. It depends largely on which grounds are relied upon as well as the strength of the landlord’s argument.
Grounds 2 and 8 of a section 8 notice are mandatory, meaning that if a landlord relies on one of these grounds and can prove to the court that one of them applies, then the court will have no choice but to issue the landlord with a possession order.
Grounds 8, 10, 11, 12, 13, 14, 14A, 15 and 17 are discretionary, meaning that the court will not necessarily rule in the landlord’s favour even if he can prove that one of the grounds applies. In these cases it is at the court’s discretion whether to grant a landlord a possession order. They will weigh up the facts and make a decision based on what they see as fair and reasonable.
If a court is satisfied that a landlord is entitled to possession on one of the grounds, then the court will grant a possession order to take effect within 14 days. It is possible that this will be extended to six weeks if it will cause the tenant to experience exceptional hardship.
Claims for Rent Arrears
For Rent Arrears, perhaps the most common claim, the landlord relies on either one or a combination of grounds 8, 10 and 11.
Ground 8 – the tenant owes at least two months’ rent (monthly tenancy) when the notice was served and at the date of the court hearing. Where rent is payable weekly, quarterly or yearly this ground requires that there are rent arrears of eight weeks, three months and six months respectively.
Ground 10: the rent was overdue when the landlord served notice and when he began court proceedings
Ground 11: the tenant has been persistently late in paying his rent.
Section 8 and Anti Social Behaviour
Nuisance, noise, general anti-social behaviour and damages are contentious issues and notoriously difficult for a landlord to prove. It’s generally only worth pursuing the s8 route as far as the courts in these circumstances if the tenancy has a long period left to run and perhaps where neighbours or other tenants are complaining.
It’s a reminder to landlords that issuing long tenancies – more than six months – can introduce an element of risk forif the tenant is not proven in performance. If you are affected by anti social behaviour problems collect all the evidence you can by keeping a diary of disturbances and reporting to the police and take statements from witnesses
Notice Periods Required
Serving a Section 8 Notice – You must serve notice seeking possession of the property on the tenant before starting court proceedings. You need to give the following periods of notice:
Grounds 3, 4, 8, 10, 11, 12, 13, 15 or 17 – at least 2 weeks
Grounds 1, 2, 5, 6, 7, 9 and 16 – at least 2 months
For ground 14 – you can start proceedings as soon as you have served notice
Serving Tenancy Notices
Notices can be served (1) in person, (2) at the property (through the letter box) (3) by mail. Remember to keep copies of everything.
Serving in person is perhaps the preferable method as there’s no doubt about the actual date of service, but have a witness.
Service at the Property through the letter box is also a good method, but a witness is also important here.
Service by mail is an acceptable method (first class post – next day delivery) but allow 3 working days for delivery and use “Proof of Postage” This means the Post Office will give a receipt of postage and the address to which the notice is sent. This will be accepted by the court if you have a receipt.
Recorded Delivery can cause problems if the intended recipient refuses to sign. This means it’s returned to you, by which time you may have missed the trigger date and you may then need to give an extra month’s notice.
Problems with Section 8
Unlike the s21 route, if successful s8 can give you both a possession order anda money order for arrears of rent without separate hearings, but if possession is your priority you may not achieve this.
In the case of rent arrears (Ground 8) tenants can undermine your claim by paying off some of the arrears. The tenant/s may claim that repairs have been requested and not carried out or that you have been harassing them.
Therefore, it is better to take legal advice before acting under section 8. Net Lawman gives professional advice on issue of section 8.
A Possession Action (court hearing)
The landlord can initiate proceedings as soon as the Section 8 Notice has expired.
To gain possession of the property the landlord will need to complete theForm for Possession of PropertyN5 Form and theParticulars of Claim N119. If you also want to claim rent arrears you can provide details on the particulars of claim form.
Section 8 in a Nutshell
The Main Points of the Section 8 Route (from the Housing Act):
the landlord or, in the case of joint landlords, at least one of them, has served on the tenant a notice in accordance with the relevant section (s8) and the proceedings are begun within the time-limits prescribed and clearly stated on the notice
the notice must be given in the prescribed form – there forms are available from legal stationers or downloaded from this web site
the notice must specify the ground or grounds why a landlord seeks possession.
The Housing Acts provide 18 grounds that a landlord can use to recover possession under s8. (Ground 14a applies only to Registered Social Landlords). The landlord must specify in the notice which ground he intends to rely on and give precise particulars of the ground or grounds which apply.
Rejection by Court
There are a number of common mistakes that are likely to lead to your submission being rejected by the court. These include:
Failure to use the most up-to-date form
Failure to give the full and proper address of the property on the form
Failure to list every tenant in cases of joint tenancy
Failure to provide details of the claim; for example, a payment schedule showing which payments have been missed
Failure to state the grounds exactly as they appear in the Housing Act.
Therefore, never rely totally on standard wording of grounds and general content which relates primarily to England & Wales. Before taking any action, always seek appropriate professional advice with the full facts of the case
Net Lawman has a team of expert Solicitors and Barrister which gives professional advice on section 8 notice, and subsequent possession forms.
For more information, visit us at http://www.netlawman.co.uk
We had an assignment in American Government and had to do a project explaining Article 1, Section 8 of the Constitution. This is our video.
via YouTube Capture
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Section 8 is an assistance program provided to low income families & individuals by United States Department of Housing & Urban Development which is known as HUD. This assistance program helps the people of low income group to find either an apartment or a house for themselves. The income level required to qualify for section 8 apartments varies from one state to another & is generally indexed to median income of that particular area. Basically, your income should be below 50% of the income for that area you want a rental apartment. Though locally some state organizations manage these apartments by designating certain apartment rentals as section 8 apartments but if we see on a wider aspect then Section 8 is controlled by Federal government & regulated by HUD.
The unique aspect about Section 8 apartments are you pay only that much rental amount which you can afford & the remaining amount is disbursed by the federal government. For example, if your income is $ 2000 a month, then depending on the state you are living you just have to pay some percentage of your income for your rent say you have to pay 25-35% of your monthly income for the apartment & rest will be paid off by government.
What you have to do if you are eligible for a Section8 apartment? If you qualify for such an apartment simply contact the local housing agency & find out if there are any units available or of there is a long waiting list. But, if the apartment that you are presently living in has a low rent, HUD may step in to pay the required amount for it. Yet, you have to do some paperwork & wait for HUDs approval. So, in either case there is a long waiting period. Therefore, if you want to enjoy the benefits of this program, act early so that you can get an affordable apartment early.
Getting into the section 8 apartments system is a boon both for landlords & tenants. We have already known the positive aspect for tenants now lets us understand how it is a boon for landlords.
1.Timely payment of rent.
3.Low vacancy rates as there is always a continuous flow of tenants.
4.Landlords generally get good tenants due to the long waiting period during which a proper inspection is done.
5.Landlords get their rental money based on fair market rates.
There are some aspects in this program which the landlord may not like & they are:
1.Government on a regular basis will inspect the Section 8apartments.
2.Government will only allow charges what it deems to be the fair market value for that apartment.
3.There are legalities involved in the eviction of a section 8 tenant.
Still the pros of section 8 apartments supersede the cons & if you want to be a part of this program then act early & enjoy its benefits.
Find the right kind of apartment may be a daunting task. It is always better to check http://www.checkapartmentreviews.com”>Apartment Ratings before renting an apartment. You can find http://www.checkapartmentreviews.com/california.html”>California Apartments here.
As Madison stated in Federalist No. 45:
Powers delegated to the Federal government are few and defined
Powers remaining in the State governments are numerous and indefinite
Too many in representatives (and citizens) do not understand the authority granted unto congress; this authority is defined in the Constitution with the 18 enumerated powers (Article 1 Section 8).
Really starting at the beginning of the 1900s legislators, presidents, bureaucrats, and justices have bastardized the meaning, intent, and interpretation of these powers and our founding documents in general. Until this is stopped and reversed, we will continue to put band-aids on mortal wounds.
Some of the major violations to the pure constitution are around 3 clauses:
1.General Welfare clause
2.Necessary and Proper clause
Another large departure from original intent of the constitution is when the 14th Amendment was reinterpreted to apply the Bill of Rights (1st 10 Amendments) to the states. This was never the intent of the founders. The entire purpose of the Constitution was to define the purpose and limitations of the general (i.e. federal) government.
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The Congress shall have Power To lay and collect Taxes, Duties, Imposts and
Excises, to pay the Debts and provide for the common Defence and general
Welfare of the United States; but all Duties, Imposts and Excises shall be
uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and
with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject
of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the
Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin
of the United States;
To establish Post Offices and Post Roads;
To promote the Progress of Science and useful Arts, by securing for limited
Times to Authors and Inventors the exclusive Right to their respective Writings
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and
Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning
Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be
for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union,
suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining the Militia, and for
governing such Part of them as may be employed in the Service of the United
States, reserving to the States respectively, the Appointment of the Officers,
and the Authority of training the Militia according to the discipline
prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District
(not exceeding ten Miles square) as may, by Cession of particular States, and
the acceptance of Congress, become the Seat of the Government of the United
States, and to exercise like Authority over all Places purchased by the Consent
of the Legislature of the State in which the Same shall be, for the Erection of
Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And
To make all Laws which shall be necessary and proper for carrying into
Execution the foregoing Powers, and all other Powers vested by this
Constitution in the Government of the United States, or in any Department or
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