Two links
Two links I enjoyed listening to:
Samuel A. Mutch: A Blog
Eisenhower, the Military Insustrial Complex, and today
2011 is the fiftieth anniversary of President Dwight D. Eisenhower’s farewell address to the people of the United States. Like Washington’s farewell address at the end of the eighteenth century, Eisenhower’s address in the middle of the twentieth century the people to maintain a strong military to confront the aggression of the Soviet Bloc countries.
Eisenhower warned of the need to maintain a permanent weapons industry and the dangers associated with the maintenance of such a permanent industry.
He warned of the prospect of domination of the nation’s scholars by federal employment, project allocations, and the power of money that is ever present and is to be gravely regarded.
Eisenhower implored the American people and government to avoid the impulse to live only for today, “plundering for, for our own ease and convenience, the precious resources of tomorrow. We cannot mortgage the material assets of our grandchildren without asking the loss also of their political and spiritual heritage. We want democracy to survive for all generations to come, not to become the insolvent phantom of tomorrow.” Now we must ask ourselves, “was anyone listening to Ike over the first decade of the twenty-first century?” The American people, and in particular the American government has mortgaged our children’s future for an easy time over the past decade.
Eisenhower asked us to guard against the acquisition of unwarranted influence in the councils of government, against the immense power of the military-industrial complex. If the American people were not to guard against such misuse of power Eisenhower warned “the potential for the disastrous rise of misplaced power exists and will persist.” This has come true with the unbridled abuses of the financial institutions which led to the default of Lehman Brothers and the bail-out of the richest businesses in the country, which again are making record profits only three years after the bail-outs.
Before President Reagan urged Soviet leader Mikhail Gorbachev to “tear down this wall,” and before President Kennedy implored Americans to ask “what you can do for your country,” President Dwight D. Eisenhower coined his own phrase about “the military-industrial complex.”
That statement, spoken just days before Eisenhower left office on January 17, 1961, was his warning to the nation. His speech was very reminiscent of Washington’s Farewell Address, in which Washington’s advice/warning was followed and did the country well for one hundred years.
At the time of Eisenhower’s words of caution, the United States was sitting atop a huge military establishment built from its participation in three major wars. The Viet Nam War was just beginning. This buildup led Eisenhower to caution against the misplacement of power and influence of the military. Like any other soldier who has seen war, Eisenhower wanted peace for our citizens and the peoples of the world.
Fifty years later, the United States is engaged in two of the longest wars abroad in our history. Republican candidates for the presidency sound hawkish towards a war with Iran should Iran go forward with its nuclear weapons program.
America is now winding down a dreadful war in Iraq, for which there was no justification and cost over 4400 American lives. We leave with an uncertain future for Iraq, an unstable semi-democracy next door to Iran, where the theocracy is militant; Iran’s people are mostly friendly to America. Yet the theocratic government is led by a sect of Islam founded upon martyrdom, historically adverse to the Christian West since the Crusades. In many Shi’a minds the Crusades were just yesterday, instead of a millennium ago.
The war in Afghanistan is ten-years old and we are losing support for it from our NATO and coalition allies. The corruption innate in the governments of the region is most apparent in Afghanistan. That corruption seems to get worse with any additional monies are given to the Afghan government. Who knows what goes on in the Pakistani government with the money America has used to bribe Pakistan into semi-cooperation over the past ten years.
As the Iraq War winds down, the “War on Terror” continues. We find that the war is not only found coming from outside our borders, but from within our borders. We hear of disaffected Americans. Many of the disaffected are veterans such as Timothy McVeigh the Oklahoma City Federal Building bomber. On November 1, 2011, federal law enforcement agents arrested a gang of four elderly Georgia men on charges that their militia group was planning to make the potent bio toxin ricin and use it, along with automatic rifles and bombs, to kill fellow citizens and government employees, both state and federal.
Some say that Eisenhower’s warning still holds true.
While some historians have written off Eisenhower’s farewell address as an afterthought, his grandson, David Eisenhower, says it was a speech the president spent months crafting.
“He did know it was going to have an impact,” David Eisenhower told NPR’s Weekend All Things Considered host Guy Raz.
David Eisenhower, the president’s grandson, is the director of the Institute for Public Service at the Annenberg the Institute School of Communication and co-authored the book Going Home To Glory: A Memoir of Life with Dwight D. Eisenhower.
We must take to heart the 34th President’s somber words about the military and the correlation the military-industrial complex has on peace, war, the federal deficit and politics in general.
Though most people remember Eisenhower’s speech for its warning about the growing influence of the Pentagon, David Eisenhower says the president also had another message.
“Eisenhower’s farewell address, in the final analysis, is about internal threats posed by vested interests to the democratic process,” he says. “But above all, it is addressed to citizens — and about citizenship.”
“Only an alert and knowledgeable citizenry can compel the proper meshing of the huge industrial and military machinery of defense with our peaceful methods and goals,” President Eisenhower said in his address.
During Eisenhower’s presidency, defense spending accounted for ten percent of gross domestic product, almost double today’s percentage. But for Eisenhower to pull out the scissors and make cuts to the defense budget would have been declared anathema, because at that time during the Cold War, the nation was prospering.
In the 1950s, a guns-and-butter recipe seemingly had worked, the American people were safe and prosperous, so what was not to like? (Minus, of course, the lack of civil right for minorities). After all, the Great Depression in America really did not end until the beginning of World War II and the rearmament of America.
We believe that emphatically that a guns-and-butter recipe for a better economy is not what will work today. Over the two longest wars in America’s history and continuing to face a war against terrorism for the foreseeable future, the great majority of American’s have not been asked to sacrifice anything. One percent of American’s are risking their sons, daughters, husbands, wives and parents; but the remainder of Americans are hard pressed to even name a fallen American in these great challenges to our way of life.
America can no longer insist on having both guns and butter. Our economy is much more global today than it was fifty years ago. When Congress insists on guns and butter the American people are compromising the possibility of sustaining genuine prosperity both today and in the future. America needs leaders that will have the gumption to ask the American public to sacrifice while these wars continue. Americans must be willing to pay more taxes during justified wartime if they are asked. But, who wouldn’t take a tax cut if the fools in Washington think a war will not require fiscal as well as human sacrifice.
As Eisenhower warned, “Every gun that is made, every warship launched, every rocket fired, signifies in the final sense, a theft. The cost of one modern, heavy bomber is this: a modern, brick school in more than 30 cities.” Today, this is still true except the cost of weapons “systems” has grown astronomically and now that bomber may mean a new, modern school and living salaries for teachers in three hundred communities.
Just as Eisenhower had trouble convincing Congress to re-examine the role of the U.S. military five decades ago, America’s leadership has similar difficulties today. Today we are also much more conservative in our outlook to politics. The Tea Party’s platform is unsustainable. To the Tea Party members Eisenhower is a raving liberal and Regan is a moderate Republican.
Maintaining U.S. military forces in the Greater Middle East and South Asia doesn’t contribute to stability — it contributes to instability. It increases anti-Americanism around the globe. So why persist in the belief that maintaining all these U.S. forces scattered around the globe are necessary?”
If Americans could challenge that assumption, then maybe it would be possible to have a different and more modest national security posture that will be more affordable — and still keep the country safe.
Is a Reverse Mortgage Right for me? Part 2
continued from yesterday’s post.
What Can I Do With The Money I Receive?
You can put the money toward any expenses you have – there are no
limitations. As with any home loan, it is best to use it where you need it most: medical bills, home repairs, home Care, balance the cost of living, gifts to children/grandchildren, or a more comfortable lifestyle. Consult your bank or financial advisor to discuss the best use of your reverse mortgage funds. Since most people don’t have financial advisors you may wish to see your attorney or an accountant to discuss the issues of a reverse mortgage with you.
How Do I Find Out How Much I Can Receive?
The amount of money you can receive every month is based on the
qualifications discussed Above: your age, your home’s current value, and the
equity you’ve built up in your home. Another factor is how you elect to receive your funds. Your reverse mortgage specialist is a great resource for everything you need to know about your reverse mortgage and will be able to give you more specific information Regarding the Amount that You Qualify to Receive.
What are your payment options:
• a line of credit.
• monthly payments for as long as you live in your home or for a
predetermined, shorter time frame.
• a combination of monthly income and a line of credit.
• a lump-sum upfront payment.
Getting A Reverse Mortgage:
How much does it cost to get a reverse mortgage?
Many of the costs you would find with getting a regular home loan
also apply to reverse mortgages. Fees you might see are: an origination fee, a
mortgage insurance fee, an appraisal fee, and closing costs. In most cases, the costs are financed as part of your reverse mortgage.
Are there different reverse mortgage programs? How will I choose?
When you obtain a reverse mortgage, you do have options. Your
banker will work with you every step of the way to match you with the reverse mortgage that fits you best.
When do I pay back the loan?
As long as you are living in your home, you will never make a
single house payment again. When you no longer occupy your home as your principal residence, the loan becomes due. The Amount due will be the net proceeds from the sale of your home. Please remember
that this means that if you have to go to an assisted living facility or a
nursing home, there will be a demand on you for the outstanding balance plus interest, just when your monetary resources are stretched to the limits.
For your protection, the repayment amount will never be more than
the value of your home. Selling the home is not the only option for repayment; you always have the option of paying off the loan and keeping the home.
A reverse mortgage benefit checklist:
• get tax-free funds for as long as you live in your home.
• no loan repayment for as long as you live in your home.
• no medical or income requirements.
• never worry about making monthly payments.
• choose the payment option that suits you.
• no restrictions on how you use your money.
• no risk of default.
Getting A Reverse Mortgage: six steps toward a reverse mortgage:
If you are like most people seeking a reverse mortgage you want to
be prepared. You need to shop for the best reverse mortgage available.
You need to look at your current financial situation with a legitimate banker or licensed mortgage broker to see if a reverse mortgage is right for you. Again, if you are unsure you may wish to discuss your options, after reviewing your finances, with a certified financial planner, attorney or accountant to see if you are a good match for a reverse mortgage. Do not forget to ask questions! The professionals with whom you are dealing are required to give you honest answers you need to make the best decision.
Attending Counseling.
Before securing a reverse mortgage, you are required to receive independent counseling from a certified, HUD-approved financial counselor. This is to help you make sure you are in the right position for a reverse mortgage.
Your counselor is another great resource to answer all of your questions so
that you feel confident in your plan. Counseling can be done over the phone.
However, we recommend you meet face to face with the counselor. The
HUD-approved financial counselor should not have any financial ties to the
financial institution where you intend to obtain your reverse mortgage.
Appraisal of Your Home.
Together with your banker or licensed mortgage broker, you will
schedule your home appraisal for a time that fits your schedule. The appraiser will determine the market value of your home, make sure it is good repair, and check for any repairs that you may need.
The Inspection of Your Home.
You may need an inspection to make sure your home is structurally
sound and that it is not suffering from extensive termite damage, dry rot or
other wear-worthy symptoms.
The Underwriting of Your Mortgage.
Underwriting is a part of any mortgage process. After the appraisal
and inspection reports are complete, an underwriter will review your complete file in order to ensure that everything is properly documented and all qualifying guidelines are met.
The Mortgage Closing.
At closing, you will sign all of your final loan documents,
including a note, indicating you owe money to the institution giving you the
mortgage and then you will sign the mortgage itself, which secures the note.
There will be closing costs. The costs involved in a reverse mortgage transaction are similar to conventional loan products. Typically, there is 2% origination fee, a 2% FHA premium, the cost of the appraisal and the cost of the title company’s services. Any balance accrues interest based on the current interest rate. Reverse mortgages are usually variable rate mortgages where the interest rate rises and falls with the mortgage market You are
not required to make any payments to reduce the balance or offset the interest for as long as they live in the home.
After the first spouse dies and the second spouse may continue to
live in the home without being required to make any payments on the reverse mortgage.
When the second spouse dies the note becomes due.
What Happens at the End of Life?
Let’s say that during the course of the reverse mortgage course a
couple and then after the first partner dies, the surviving spouse, took out
$100,000 from their reverse mortgage.
The heirs decide to sell the home.
• In the first scenario – the home’s value has increased and the
heirs are able to sell the home for it for $200,000. After repaying the
mortgage and costs associated with selling the home, the remaining, roughly,
$100,000 goes the heirs through the probate estate.
• In the second scenario – the home has lost a great deal of value and they are only able to sell it for $80,000. The heirs are required to send the net proceeds from the sale of the home to repay the Mortgage and the
reverse mortgage lender takes a 20,000 loss. Neither the probate estate nor their heirs are responsible for reimbursing the lender
for this loss.
You may contact the law firm of Samuel A. Mutch, P.A. if you have
any questions about a reverse mortgage. If you wish we can discuss a reverse mortgage while doing your estate planning or when we are preparing a trust for you.
Is a Reverse Mortgage Right for Me? Part 1
When your income is fixed, but the cost of living is not the financial problems people have become acute. In this short article, you will learn about how to obtain a reverse mortgage but also what are some of the pitfalls you need to watch for when shopping for a reverse mortgage.
Getting a Reverse Mortgage
You have dreams for retirement, but money challenges can cloud your dreams overnight. That is why the U.S. Government created a new kind of mortgage exclusively for seniors. It is called a reverse mortgage and it is the first mortgage where the bank pays you! How does this work? Congress saw a need for seniors to be able to use the equity in their homes and still live in their homes for as long as possible.
If you qualify, the equity you have spent years building can be paid to you in monthly installments, in one lump sum, or as a line of credit. Here is the best part: you never have to make a payment for as long as you live in your home.
Is a Reverse Mortgage the Right Choice for You?
At our law firm we know that reverse mortgages bring a lot of questions to mind about security, stability, ownership and risk. That is why
we can assist you with the resources and information you need in order to make confident choices about your financial future. In a senior reverse mortgage the law firm of Samuel A. Mutch, p.a. will ensure, depending on the type of reverse mortgage you choose:
You own your home – not the bank or some unscrupulous person.
You will maintain ownership of your home as long as you live in it – with no time limit. (however, at the end of your life the note secured by the mortgage may come due.
Your heirs will either have to pay down the mortgage (what you took out of the equity of your home while you were alive, plus interest; or the bank will take ownership of your home.
You may choose to never make a payment as long as you live in your home.
You should, by the terms of the reverse mortgage, be able to refinance whenever you want – with no penalty.
You should, by the terms of the reverse mortgage, not be required to pay a penalty for paying off your mortgage at any time.
You should be treated with respect by the financial institution with whom you are dealing, every step of the way.
If you have questions about the reverse mortgage the law firm of Samuel A. Mutch, P.A. promises to listen to your concerns, to answer
questions fully, and to help you make the decision that is right for you.
If you wish our law firm will attend the closing of your reverse mortgage to ensure that everything is correct and as promised by the
financial institution you have selected.
Why Obtain a Reverse Mortgage?
There are a lot of reasons to obtain a reverse mortgage, but they all have one thing in common: a reverse may mortgage assist you with financial freedom. 
If you have worked hard for a comfortable retirement, but the cost of living is getting in the way, a reverse mortgage may help. Here are some of the reasons the financial industry gives for getting a reverse mortgage:
You would like to stay in your home, but you cannot afford it.
Your income is fixed, but the cost of living is on the rise.
Gas prices, the cost of food and other monthly bills make every day living difficult to enjoy.
If rising expenses are pushing you out of your home, a reverse mortgage may be the answer.
You could get the money you need to cover your expenses and live the comfortably in the home you love.
Subsidizing your health care may be a reason for obtaining a reverse mortgage. Good health is your first priority. But with the rising cost of prescriptions, office visits and in-home care, many retired homeowners are finding it harder to afford.
The way we see it, there is no better reason for a reverse mortgage. A reverse mortgage can help you get a handle on your medical expenses by not only eliminating your monthly payments, but replacing that expense with additional income. Some people use their reverse mortgage to:
Help pay for prescriptions
Pay for in-home care for themselves or a spouse
Make improvements or updates to their home
Pay medical bills
Home improvements. Are your plans for your home bigger than your budget? Home improvements and repairs are expensive. A reverse mortgage may give you the same advantages as a home equity loan without an additional mortgage payment.
Lifestyle enhancement. When you planned for retirement, did you plan for high gas prices? What about rising food prices? If you are like most of
people, your vision of retirement was a lot different than what you can afford with the rising cost of living. A reverse mortgage may help get that dream back for you – whether you want to travel, visit family or just live comfortably.
Supplement your income. If you are not yet retired but are not making enough to cover the rising cost of living, a reverse mortgage can be a great
supplement to your income. Why be forced to downsize when you can live better in the home you love?
Help family members. Had you hoped to send a family member to college? Had you hoped to travel during your retirement? A reverse mortgage is a great financial tool to help you do any of that.
The proceeds from a reverse mortgage may be used in any manner in which you choose.
The Federal Requirements
for Getting a Reverse Mortgage
Here are the minimum requirements for a reverse mortgage set by the federal government:
• you must own your own home
• you must be 62 or older ( if you are married in Florida and your home is your homestead, both you and your
spouse must be 62 years of age.)
• you should have a good amount of equity built up in your home;
Age requirements can sometime cause the most confusion, raising questions like: what if my spouse is not yet 62 years old? Can one of
us qualify? Here is the rule to remember: if your name is on the title to your home, you must be 62 to qualify for a reverse mortgage. So, if you’re married in Florida and one of you is not yet 62 years of age, and the home is your homestead, it means that even with your spouse off the deed, he or she still owns the property by the entireties with you and you may not be eligible for a reverse mortgage until your spouse turns 62 years of age.) If you co-own your home with another person, other than your spouse, and you want both of your names on the title, you must
both be 62 years old. If one of you is not yet 62 years old, you can consider dropping their name from the home’s
title in order to meet the standards for reverse mortgage applicants.
You will need to determine if you have enough equity in your home to qualify for a reverse mortgage. Even if you still have an
outstanding balance on your first mortgage? You may still qualify. You should call a reputable bank for answers. Your primary residence is the
only home eligible for a reverse mortgage and you must be living in your home to qualify. Homes that are eligible for
a reverse mortgage are the same as with a regular mortgage, including:
• single-family homes
• most manufactured homes
• most condominiums
• 2- to 4-unit owner-occupied residences
• townhomes
Come back tomorrow for more on Reverse Mortgages.
Register your Emergency Info
The Florida Department of Highway Safety and Motor Vehicles urges everyone to make your emergency contact information available to
law enforcement in the event you are involved in a crash or other emergency situation.
It’s simple to enroll on-line by going to http://www.hsmv.state.fl.us/ and selecting emergency contact information.
You will be able to enter the names, addresses and telephone numbers of two people as emergency contacts. That
information will be stored in a secure protected data base with your driver’s license record or Florida identification card.
It can then be accessed in case there is a need because of injury to you in an accident.
Busy at work
Busy at work with grandson, Elliott and puppies Cherry (left) and Huckleberry (right)
Appealing your Appraisal
An informal guide to appealing your appraisal in Alachua, County, Florida.
Informal: The first and most successful option for appeal of your property value is a meeting with one of our appraisers. In this meeting, you will review the physical information on your property (i.e., Is the property measured correctly and are the correct building materials reflected in our records?) and review sales of other properties and other pertinent information. If you have the time to review our record of sales and information on your property before your appointment, you will feel better prepared and the process will go more quickly. In any case, we encourage you to ask for an appointment if you have questions.
VAB: The Value Adjustment Board is the next step in the appeal process. However, this procedure is slightly more complex and formal than an informal meeting with one of our appraisers. It is highly recommended that you exhaust the informal approach prior to undertaking this step.
Circuit Court: If you are still not pleased after the VAB, your next step is to file a suit against us in circuit court. This proceeding gets very formal and has a lot of rules. If you are considering this option, you should talk to an attorney.
One last note which applies to all levels of appeal: There is no provision in Florida law for your value to be reduced because of personal hardship or inability to pay. While we definitely empathize with the many difficult personal situations people experience, we cannot lower values because of them. Likewise, what other properties are appraised for is irrelevant in the appeal process. The theory is that two wrongs do not make a right. If you point out that someone else is too low, our correct response is to raise the other person, not lower your property value. Please be prepared to talk about your market value. Market value and the exemptions are the only place in the process where we have any control.
You CAN Fight City Hall!
Contesting Your Property Tax Appraisal
If your property taxes are skyrocketing, there is more you can do about it than complain. Studies indicate that property taxes are doubling at the rate of inflation this decade even while American homes have on average lost between 40% to 50% of their values, especially in hard-hit areas like Florida.
The National Taxpayers Union estimates that 60% of U.S. properties are “overvalued,” but only one out of 50 homeowners ever appeals their property tax increases. But contesting your property taxes is easier than you think.
Get your documents together – When you do contest your property tax appraisal (usually via a package sent to your county tax board, tax assessor, and, in some cases, via a face-to-face meeting with your local property tax/appraiser’s office) come armed and ready. Hunt on sites like Zillow.com, the real estate section of your local paper, or through a trusted real estate professional to find current and recent home sales values in your neighborhood. Find as many neighborhood sales as possible, but definitely aim for at least three home sales (the lower the sale prices, the better). Your local assessor’s office should also have the property appraisals for homes in your neighborhood – they should come across with those documents, but if you have trouble, a good real estate professional is especially useful in this case.
File a protest – Again, most municipalities differ, with some towns stipulating that you only have 14 days from the time of your property tax assessment to appeal, and some may go as high as 60 days. Your town’s tax appraisal office will have the deadline information. When you file your appraisal protest, include any relevant photos of your house or property, the recent sales in your area that bolster your case, and any documents showing lower property tax appraisals on properties similar to your near your house.
You may be surprised how easy it is to get your property tax appraisal downgraded. With a little work you can potentially save thousands by contesting your property appraisal.
So in this case at least, you can fight city hall!
Legal Zoom Faces Unauthorized Practice of Law Class Action
The Wall Street Journal Law Blog reported last month that a class action suit against legal forms provider Legal Zoom survived a motion for summary judgement and will proceed to trial in a Missouri federal court. In rejecting the defendant’s motion, Judge Laughrey allowed the plaintiffs to move forward with their complaint that consumers have been harmed by the company’s unauthorized practice of law in the state.
For an overview of the litigation and the recent order, see Venkat’s post on Eric Goldman’s Technology & Marketing Law Blog. We’ve pulled the filings on Justia Dockets, and you can follow the case there.
Interestingly, Rocket Lawyer announced a round of funding from Google Ventures just nine days later. Rocket Lawyer, which allows users to “easily create customized legal documents that can be downloaded and shared instantly,” is in a similar business. Forbes notes that LegalZoom is one of Rocket Lawyers’ main competitors, but also mentions that CEO Charley Moore “was careful to differentiate his company from LegalZoom, which has tangled with lawyers and bar officials in several states who accuse it of practicing law without a license. (A trap that people who provide legal documents can find hard to escape.) Unlike LegalZoom, Rocket Lawyer is affiliated with real lawyers who can provide advice in a pinch. Federal issues are handled nationwide, while somebody with a question about, say, New York contract law would be hitched up with a lawyer licensed in that state.” It seems that the main difference between these companies is the availability of attorney review, which may save Rocket Lawyer from similar litigation.
UPDATE 8/16: I just realized that LegalZoom posted a comment on the Forbes story addressing the availability of attorney review: “As the co-founder of LegalZoom, I’m glad that Google and others have recognized the need to make the law more accessible and affordable through technology. However, I’d like to point out that real lawyers are available to help LegalZoom customers as well though our own legal plan. But unlike Rocket Lawyer, we administer the legal plan ourselves.”
Thinking Outside the Tent
Thinking Outside the Tent:
The Use of International Shipping Containers for Emergency Housing in Haiti
Watching the news about the 10 January 2010 Haitian earthquake and the human suffering in its wake have created various questions about how the United States and the international community will address the short-term, intermediate and long-term shelter and public health needs of the people of Haiti. It is estimated by the United Nations, as of 12 February 2010 there were three million people affected by the earthquake.[1] The Government of Haiti estimates there were 212,000 deaths, 700,000 people were displaced in Port-au-Prince and 467,000 people had departed Port-au-Prince, as of the middle of February 2010.[2]
All the people of Haiti have been affected massively by the earthquake of 12 January 2010. The lack of food, shelter, clean water, sanitation and hygiene are the most acute needs.[3] The vast majority of the people affected by the earthquake are in dire need of adequate shelter before the rainy season begins.[4] “Shelter is not just about having a building in which you can sleep, it is also about regaining your dignity after living on the streets. It’s about having a home so that you can start to rebuild your life,” explains Carmen Ferrer, a shelter expert with the International Federation of Red Cross and Red Crescent Societies (IFRC) “Shelter is a pressing and complex need [outside the capital],” said Alexandre Claudon, IFRC special envoy to Haiti.[5] “Yes, it means cover, but also kitchen sets, jerry cans, buckets and even blankets for villages in the mountains.”[6]
Previous to the earthquake the vast majority of people in Haiti lived in masonry buildings. Many of the buildings were built with no plans and with only the materials that could be scraped together as the people could afford materials and their families grew. There were no building codes in effect at all in Haiti.[7] Presently, masses of people have been removed from their masonry structure homes which either collapsed or are not safe to inhabit. People are sleeping and shielding themselves from the elements in makeshift tent cities of plastic and fabric tarps, cardboard and sheet metal.
The earthquake hit in a “dry” month, January, for Haiti. Many in the international community as well as those in the Haitian government are concerned that once the rainy season begins in March, the makeshift cities in which the displaced people of Haiti are living will create muddy fields and ponding water, infested with mosquitoes. The fear is that both the standing water and the muddy fields will contain high concentrations of human fecal coliform and E. coli, due to the current lack of sanitation facilities, as well as other disease vectors which will cause epidemics of malaria, diarrhea, typhoid, upper respiratory ailments and other diseases.
The Haitian government and some international organizations are calling for housing victims of the earthquake to be housed in tents.[8] USAID and IFRC[9] have expressed concern about the use of thousands of tents to house the refugees. USAID has called for “thinking outside of the tent.”[10]
Sitting unused in many of the world’s major ports are shipping containers which can be readily modified to act as emergency housing and semi-permanent housing for the refugees of Haiti.[11] International shipping containers are sturdy resources for building, in particular for emergency housing. The need for safe housing for the victims of the earthquake is acute and must be addressed with dispatch.[12]
With the Haitian rainy season quickly approaching it is imperative to get adequate shelter in place for the refugees. International shipping containers should be considered as an optimum answer to the short term and permanent answer to shelter by the international agencies providing aid to Haiti.
In order to facilitate the use of international shipping containers for emergency housing, initial modifications to the containers should be made by craftsmen in the port at which the containers are found. This would expedite the shipment of container housing and permit placement on site in Haiti within a short time of arrival in Haiti.
Eventually, craftsmen can be sent with the containers with the raw materials used for modification into housing to Haiti. Secure fabrication sites should be established near the place of debarkation. Modifications to the containers will initially be made by the foreign craftsmen at these fabrication sites. The foreign craftsmen would be tasked to training local craftsmen to modify the international shipping containers and make them into housing for the people of Haiti.[13]
International shipping containers have a standard dimension of 14.6 m x 2.4 m or 16.2 m x 2.4 m.[14] Containers are readily available throughout the world because of the downturn in trade because of the worldwide recession.[15] Predictions for February are expected to reach as much as 750,000 TEU’s shipping containers which are not needed at the present time and laying dormant or unused in various ports and cities throughout the world.[16]
Used international shipping containers are available at a cost that is low compared to a finished structure built by labor-intensive means such as bricks and mortar, which also require larger more expensive foundations, and are unsuitable without proper construction techniques for earthquake prone areas. Construction of shipping container housing involves very little labor. Used shipping containers require only simple modification and can be purchased from major transportation companies for as little as $1,200 USD each. Even when purchased brand new they seldom cost more than $6,000 USD.[17]
Modification of the shipping container into housing will require extra materials and welding/cutting of steel. Welding/cutting of steel is considered to be specialized labor and can increase construction costs, yet overall the costs are still lower than conventional construction. All shipping containers are made to the same standard measurements and as such they provide modular elements that can be combined into larger structures. This simplifies design, planning and transport. As containers are already designed to interlock for ease of mobility during transportation, structural construction is completed by simply emplacing them.
Wherever the containers are modified for housing there would need to be various materials used to make the shipping containers habitable. Places for doors and windows would be cut by welders working on the steel containers. Prefabricated vinyl windows and doors with screens and storm shutters could either be installed prior to shipping or after the structure is placed on site in Haiti.
The structure must meet, at the minimum, the Florida Building Code,[18] in use in the Florida counties where hurricane resistance is critical for structures. Prior to shipping, the existing wooden floor of the shipping container would be removed as this wood contains dangerous pesticides.[19] In place a recycled, fire retardant plastic raised floor would be set in place containing conduits to permit electrical wiring and simple plumbing to run between the plastic floor and the steel base. This would permit potable water and sanitary sewer service to the kitchen and bathroom areas of the container. Fire retardant insulated walls and ceilings would then be installed, again with conduits for electrical service for installed lighting fixtures illuminated by energy-efficient fluorescent lighting. Specially designed kitchens and toilet/shower/sink kits would be installed.
Steel conducts heat very well; containers used for human occupancy in an environment with extreme temperature variations will normally have to be better insulated than most brick, block or wood structures. An Australian designer has found a solution to placing steel shipping containers in hot climates.[20] Not only is insulated material applied to the walls and ceiling of the containers; but a large UV resistant fabric tent-fly is placed over the entire container by the use of poles at a distance from each corner. The fabric of the tent-fly is held in place by line. The fly has enough clearance from the roof of the container to permit the flow of air over the roof of the container. The use of the shade tent-fly over the container effectively maintains habitable temperatures during the day. The design of the shade tent-flys must be such that the tent-flys can be readily removed and stored by residents when high winds are predicted.
All containers used within the villages would be placed on concrete slabs and fastened with steel fasteners strong enough to withstand expected hurricane winds and to maintain the structure on the slab during seismic events such as the earthquake which destroyed Port-au-Prince on 12 January 2010. Container houses need to be placed on slabs, rather than on steel legs recommended in some areas for container housing, because wind cannot be permitted to flow beneath the container. Any open space beneath the container housing would create the danger of high winds lifting and moving the container, thus negating the container housing as shelter from hurricane winds.
After foreign craftsmen certify that local labor is competent to lay concrete, local workers would be responsible for constructing the slabs. Construction of the housing slab would require excavation of the slab site, laying steel rebar, placement of water lines, sewer lines and electrical conduits in the slab, pouring of concrete and placement of stainless steel tie-bars along the sides of the slab to hold the container in place.
During fabrication the interior of each container house would be built based upon the family size; or, if for non-residential use, then for the intended purpose. Built-in furniture, a simple kitchen kit and toilet/shower/sink kit would be installed. One can envision from entry at the screen doors, with hurricane shutters, one would be led to an interior designed for functionality. A series of interior spaces would be articulated along the long axis at the container’s edge. Subtle plan shifts, depending on family size, determined by the furniture, (i.e. number of beds and size of dining space) would define different qualities of space. The toilet/shower/sink and kitchen would be housed in the thickened walls that run perpendicular to the axis. The toilet/shower/sink would be provided privacy by curtains or wooden partitions. In order to be effective for habitation of the Haitian population, good architectural design of the container housing must address the Haitian culture in design and ideals.
Various national and international organizations are searching for stable, vacant sites within the Port-au-Prince area. After site selection is made for the placement of the shipping container house village a site design must be developed by landscape architects/urban planners which would maximize the use of the terrain, existing roads and infrastructure. To be economical the construction of each container house village would need to contain at least one thousand containers for housing. Groups of containers specially fabricated for use as shops, schools, food distribution, light industrial factories, churches, police stations, fire stations and community facilities would be included in each container housing village. All of the standard land uses within a Haitian community could be made from shipping containers attached by welding, to make as many square meters of space needed for each type of use based upon urban studies of Haiti or lacking such studies then by standards set in other Caribbean countries.[21]
All container villages would be surrounded by security fencing. Limited access would be established to ensure the security of the inhabitants. Vehicular and pedestrian access would be guarded around the clock. The inhabitants of the village would have security identification to ensure that the criminal elements of the Haitian society would be kept at bay as much as possible from each container housing village.[22]
The needed infrastructure for each neighborhood could be put in place through the efforts of the various governments and NGOs providing aid to Haiti. Safe drinking water is the primary necessity for each housing unit. USAID, U. S. Army, U.S. Navy and specialists from other countries and NGOs all have experience in drilling wells and providing water treatment for potable water. This treated water would be distributed throughout each village by PVC piping. Local craftsmen would be trained by foreign craftsmen, such as those assigned to U.S. Navy Seabee, U.S. Army Engineer or Medical Service Corps sanitary engineer units[23] to drill wells, maintain community purification systems and lay pipe.
An important part of the infrastructure, and one that most Haitians lacked before the earthquake, is the provision of sanitary sewer. Again local craftsmen would be trained by foreign craftsmen to lay PVC sewer mains and laterals for residential and non-residential users. Gravity flow would take the wastewater to package treatment plants, or if warranted to a central sewer plant for Port-au-Prince. The installation of sewer facilities and potable water treatment plants is of the utmost importance for the long term health of the people of each community.
Electrical lines should be placed underground to ensure that during high wind events the electrical infrastructure for each village remains intact. Underground transmission lines from the generation site to the villages should be explored to ensure continuity during and after hurricanes or seismic events.
Roads would be laid down through each neighborhood providing roadside access to each dwelling or to each cluster of dwellings. Adequate road sub-bases could be made from concrete debris, after processing into gravel size pieces. Paving could be done either using bricks, paving block, concrete or asphalt, whichever material is most accessible in Port-au-Prince.[24]
A container can carry almost anything during its working life. Particular care should be taken that no spillages or contamination has occurred on the inside walls. The wooden decks of containers are treated to meet Australian government quarantine requirements. Most container floors are manufactured with decks treated with insecticides. Because so many people in Haiti re-use anything which is salvageable, the wood decks must be removed before shipment to Haiti and the waste wood disposed of safely. Each container should be thoroughly pressure washed and tested for contaminates before shipment.[25]
Some container vessels have cranes to load and unload containers at ports without container loading and unloading facilities on the docks. Port-au-Prince at one time had container loading facilities. The international community must make repairs to such facilities as a priority for Port-au-Prince. As a temporary solution until the port is ready to take container ships, the U. S. Navy and U. S. Army have assets to construct temporary docks and units to unload and move containers from ship to shore.[26]
A survey of trucks available to transport containers within Haiti between the port to the fabrication site and eventually to the container villages must be made. If logisticians find there are an insufficient number of tractor-trailers suitable to handle the size of international shipping containers for use as housing, the international community must supply the needed number of trucks for the efficient unloading of containers in order to transport the containers to fabrication sites and eventually to the villages.[27]
With gasoline stations running again within Port-au-Prince, the problem of traffic congestion has become an acute problem as debris blocked roads and heavy traffic make it difficult to navigate the open roads. In order for efficient delivery of containers to both fabrication sites and villages, military or international civilian police units should be used to restrict traffic on routes while being used for transporting containers from port facilities, to the fabrication site(s) and finally to the village sites.[28] The repair of roads from the port facilities, to fabricating sites and the village sites must be given priority for engineers. Local labor can clear debris. However, engineering equipment is needed to repair those routes to accommodate the heavy trucks transporting containers. Road repair and policing will also assist in transporting food and goods to established distribution centers.
At the Port, the fabrication site and the village site, security must be maintained. As Haitian police are stretched thin, it would be incumbent upon the international community through the use of military or civilian police to provide security for the containers, materials, fabrication sites and the villages. As mentioned above policing of transportation routes for the container trucks would also be needed.
The international community must decide while it is providing aid to the nation of Haiti, whether or not it intends to place a band aid on a dying patient; or, build a sustainable country that can function on its own, maintain internal security, grow its own food and manufacture competitive goods for the world market.
Some international organizations believe that the homeless of Haiti can be a housed temporarily in tents. It would be improbable for tents to survive hurricane or gale force winds. Last year Port-au-Prince was hit by four hurricanes which did extensive damage throughout the country because of heavy wind, steady rains and flash floods. Fabric tents deteriorate over time due to UV radiation from the sun. Building a sustainable country by housing people in tents may be a waste of money. Money should go for a self-reliant and sustainable Haitian society, of which sustainable housing is the first building block.
The recommendations of this paper calls for the international community, especially the United States and United Nations, take the position that permanent or semi-permanent housing through the use of international shipping containers, refurbished for residential use and placed in secure villages with the appropriate infrastructure for an urban village is the answer to temporary and semi-permanent housing. These container housing villages would not only protect people from high winds and heavy rains but could also lead to a rebirth of neighborhoods within the cities of Haiti.
The international community must insist that the national government of Haiti adopt building codes modeled on those of south Florida to address wind loads created by hurricanes. Portions of the Haitian building code should be taken from the California building codes dealing with construction in seismic affected areas. Money from the United States through the resources of USAID could be used to pay for the development of a Haitian building code. After the code is prepared and adopted, craftsmen must be trained as building inspectors. Many of the people trained in the preparation of the container residences might prove to be good candidates for such training as building inspectors.
The time is now for the United States, as the largest donor of aid to Haiti to take the lead to ensure that suitable, hurricane and semi-permanent housing is provided to the people of Haiti. The American Government, through USAID and Southern Command, should propose the use of international shipping containers as one solution to the housing crisis following the 12 January 2010 earthquake. The people of Haiti cannot wait. The people of the United States will not look kindly on any government or agency which permits the lessons of the post-Katrina fiasco to go unheeded.
[1] Press Release, Much More Help Still Needed in Haiti – UN, PORT-AU-PRINCE/NEW YORK, 12 February 2010.
[2] USAID Fact Sheet #30, Fiscal Year (FY) 2010 February 11, 2010
[3] Id. Water, Sanitation, and Hygiene
[4] http://minnesota.publicradio.org/display/web/2010/01/26/haiti-tents/
[5] http://www.ifrc.org/Docs/News/10/10021001/index.asp
[6] http://www.ifrc.org/docs/news/pr10/0910.asp
[7] http://haiti.radiojamaica.com/inside-haiti/no-building-codes-haiti “No Building Codes in Haiti,” RadioJamaica, 15 January 2010.
[8] http://www.un.org/apps/news/story.asp?NewsID=33762&Cr=Haiti&Cr1
[9] http://www.ifrc.org/Docs/News/10/10021001/index.asp
[10] http://www.reuters.com/article/idUSTRE6123HY20100203
[11] http://www.export911.com/e911/ship/dimen.htm
[12] http://www.unicef.org/media/media_52763.html Much More Help Still Needed in Haiti – UN, PORT-AU-PRINCE/NEW YORK, 12 February 2010
[13] http://www.export911.com/e911/ship/dimen.htm
[14] Id.
[15] According AXS-Alphalinerand Shipping Digest, February 2010.
[16] http://gcaptain.com/maritime/blog/tag/container-ship/the hard data
[17] Id.
[18] http://www.floridabuilding.org/BCISOld/bc/default.asp
[19] http://gcaptain.com/maritime/blog/tag/container-ship/the hard data
[20] http://www.tis-gdv.de/tis_e/containe/klima/klima.htm#klima
[21] Press Release, Much More Help Still Needed in Haiti – UN, PORT-AU-PRINCE/NEW YORK, 12 February 2010.
[22] http://www.worldvision.org/#/home/world-vision-news/haiti-quake-survivors-in-mourning/2/1103
[23] http://www.navy.mil/search/display.asp?story_id=50538 Seabees Deploy Two Units to Haiti, 15 January 2010
[24] Id.
[25] http://gcaptain.com/maritime/blog/tag/container-ship/the hard data
[26] http://www.news.navy.mil/search/display.asp?story_id=51161 From U.S. Naval Forces Southern Command, 7 February 2010
[27] http://www.army.mil/-news/2010/02/11/34277-logistics-soldiers-provide-unique-capability-in-haiti/ Logistics Soldiers Provide Unique Capability in Haiti, Feb 11, 2010.
[28] Press Release, Much More Help Still Needed in Haiti – UN, PORT-AU-PRINCE/NEW YORK, 12 February 2010
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