Private residence

“ The term 'residential dwelling' means--
" (A) a single-family dwelling, including attached structures such as porches and stoops; or
" (B) a single-family dwelling unit in a structure that contains more than 1 separate residential dwelling unit, and in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of 1 or more persons. " ”

“ In this section “residential occupier”, in relation to any premises, means a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises. ”

“ When in addition to these facts, a considerable part of the house in which he and his family lived, was also on this little five-acre piece of ground, may it not be said that he had possession of it by personal residence thereon? ”

“ When we say, "our only home," we speak in a general sense, and do not suppose but in individual cases some may, and will, take up a residence under another government, and perhaps in some other quarter of the globe. ”

“ There must be a settled, fixed abode; an intention to remain permantly, at least for a time, for business or other purposes,-to constitute a 'residence' within the legal meaning of that term.' The settled rule that a person may be a resident in one state, and have his domicile in another, was recognized, and the decision has been often cited with approval by the courts of New Yorkas well as of many other states. ”

“ The real estate in question, acquired by the respondent and her husband while married, was community property on which a residence was built and occupied by the couple as a home. While they were absent from it at times, they always considered it their home and intended to return to it. ”

“ It would be more correct to say that that place is the home or domicile of a person in which his habitation is fixed, without any present intention of removing therefrom.”
Here are words completely applicable to the case now before us. The learned author then proceeds to say:—
“It is often a mere question of intention.”
And then adds:—
“The mere dwelling or residence in a place is not of itself sufficient to make it the domicile of the party. ”

“ The principal front has been disfigured with various domestic offshoots; none the less the house still presents an aspect of austere dignity, and one regrets that to-day it should not still be used as a residence of note instead of an estate office. ”

“ Every avenue to the house is guarded, and no one is permitted to stop and look up at the windows, under pain of becoming a resident. We are strictly prohibited from all external intercourse, except by writing ”

“ We must move faster to ensure that permanent urban residents without urban residency are issued residence cards, thus enabling them to enjoy, as provided for by law, the right to access compulsory education, employment, medical care, and other basic public services. ”

“ Titles to Government lands can neither be perfected nor initiated in an unsurveyed township. However, the term of a person's residence on the claim before survey counts as part of the five-year period required for actual residence under the homestead law. ”

“ Ownership is possible for comparatively few, but there is probably nothing that contributes more to the upbuilding of a community and the development of good citizenship than the permanent residence of families in localities. ”

“ Here too, on a vacancy among the Residentiaries, the existing Residentiary body determines which of the other Canons shall be called into residence. You will see that the rule that no man could reside without the consent of the existing Residentiaries would, as soon as there was a fixed number, naturally grow into an election of this kind. But in some places, as at York, the Dean alone called into residence whom he would. In others, as at Lincoln, the duty of residence was laid on some or all of the dignitaries, [Pg 93] who of course must reside if they are to do their duties effectually. ”

“ A foreigner having taken the oath of allegiance could purchase and transfer real estate and after a year’s residence have all the rights of a natural-born subject, but be ineligible as a member of Assembly until after two years’ residence. ”

“ In securing a home in a good residence section a man secures safe, healthy and attractive conditions for his family to live, under, and in the smaller cities, desirable social life, these social considerations explaining the strong pressure in all cities towards the best residence sections. ”

“ It was undoubtedly an abuse that such a state of things should exist, but it must have been a convenient source of revenue to a few professionals in the days when fees were low and matches few. But the accurate definition of bona fide residence is still a difficulty: in some cases a man has taken a room, or a room has been taken for him, in the county for which he is desired to qualify, and he has, as occasion suited, occupied it for a night or two, while similar evasions or elastic interpretations of the law have existed ”

“ A philanthropic home for children or for old people shall be permitted in first residence district when the written consent shall have been obtained of the owners of two-thirds of the property within four hundred (400) feet of the proposed building. ”

“ You will probably live as a tenant in a house which may either stand alone or be part of a terrace or collegiate building, but instead of having a private landlord, exacting of rent and reluctant of repairs, your house landlord will very probably be, and your ground landlord will certainly be, the municipality, the great Birmingham or London or Hampshire or Glasgow or such-like municipality ”

“ Whilst, therefore, the residence of landed proprietors, who are prosperous and successful in the management of their properties, has a most valuable effect in promoting the stability of social order and general confidence in the laws, which are amongst the most important elements in facilitating the production of natural wealth, the non-residence of embarrassed proprietors cannot be considered injurious to the community. ”

“ Persons who have exercised the above right to opt must within the succeeding twelve months transfer their place of residence to the State for which they have opted. They will be entitled to retain their immovable property in the territory of the other State, where they had their place of residence before exercising the right to opt. ”

“ It has lately been decreed, that every house in the republic shall have fixed on the outside of the door, in legible characters, the name, age, birth-place, and profession of its inhabitants. Not the poorest cottager, nor those who are too old or too young for action, nor even unmarried ladies, are exempt from thus proclaiming the abstract of their history to passers-by. ”

“ In many college towns it is rendered almost necessary by virtue of the residence there of many persons owning houses who wish to take lodgers but not boarders and of many women without capital who wish to act as housekeepers. ”

“ There is a provision for a property qualification, which makes it necessary for the naturalized citizen to own a house of no less value than two hundred and fifty dollars in renting value, or an income of one thousand dollars. The residence clause in the Transvaal qualifications compares favourably with those of London, where an Englishman from any part of the country and settling in the municipality is obliged to live two years and have certain property qualifications before acquiring the right of franchise. ”

“ The first care of all governments should be to provide that each individual should have a permanent home and residence. The difference between the highest and lowest product resulting to the State from the disposal of these lands can be of little public consideration, whilst to indigent individuals already in possession, or wishing to become purchasers, it may be matter of the greatest importance ”

“ PURCHASING A HOUSE.—Few men will venture to purchase a freehold, or even a leasehold property, by private contract, without making themselves acquainted with the locality, and employing a solicitor to examine the titles ”

“ The word 'dwelling' in common parlance means a permanent residence. A person can of course take up permanent residence even in a motel or hotel. But those who come for a night or so have not chosen it as a settled abode. Yet the idea of permanency pervades the concept of 'dwelling.' That was the construction given to § 608 by FHA in 1947 when it issued its book Planning Rental Housing Projects. 'Housing' was there interpreted to mean 'dwelling quarters for families-quarters which offer complete facilities for family life.' There again the quality of permanency is implicit. ”

“ And it has been generally held, that the residence and possession of land for seven years by a tenant inures to the benefit of the landlord, so as to secure for him the protection of the act; and that this protection is not confined to the particular close upon which the claimant resides, but also extends to the entire parcel of land of which the legal possession has been maintained as a consequence of his actual possession and residence. ”

“ Elbow room, space, and isolation to give free play to individual preference, characterized pioneer days. The cord that bound the whole was love of home,—one's own home,—even if tinged with impatience of the restraints it imposed, for home and house do imply a certain restraint in individual wishes. And here, perhaps, is the greatest significance of the family house. It cannot perfectly suit all members in its details, but in its great office, that of shelter and privacy—ownership—the house of the nineteenth century stands supreme. No other age ever provided so many houses for single families. ”

“ A continually renewed settlement of this kind can be easily imagined, free from the taint of patronage, and analogous to colleges with their self-elected fellowships £nd rooms for residence, that should become an exceedingly desirable residence for a specified time. ”

“ Court, that in such property as I have described to you, situated in other parts of the metropolis, private societies have already effected purchases which have enabled them to convert bad and unwholesome residences into the form of model lodgings for the working classes. ”

“ This basis is the basis of residence. Given that a conqueror, or a seat of Government established by routine, is established in a particular place and chooses there to remain; or given that the pleasure attached to a particular site—its natural pleasures or the inherited grandeur of its buildings or what not—make it an established residence for those who control the expenditure of wealth, then that place will acquire an economic importance which has for its foundation nothing more material than the human will. ”

“ And where residence in an official or other house was necessary, or conducive to the efficient discharge of a man's duty or service, and was either expressly or impliedly made a part of such duty or service then the relation of landlord or tenant was held not to be created. The consequence was that a large number of persons who as officials, as employes, or as servants are required to reside in public buildings, on the premises of their employers or in houses assigned to them by their masters were held not to be entitled to the franchise. In future such persons will ... ”

“ Where a man himself inhabits any dwelling-house by virtue of any office, service, or employment, and the dwelling-house is not inhabited by any person under whom such man serves in such office, service, or employment, he shall be deemed for the purposes of this Act and of the Representation of the People Acts to be an inhabitant occupier of such dwelling-house as a tenant. ”

“ Indeed it frequently happens that a private landlord, when laying out a building estate, makes arrangements with his shopkeeping tenants designed to prevent them from being swamped by others in the same trade starting on his estate. ”

“ Our administration is already encouraging certain low-income public housing residents to own and manage their own dwellings. It's time that all public housing residents have that opportunity of ownership. ”

“ In the smaller cities the ordinary restrictions in new residence sections provide that the premises shall be occupied for residence purposes exclusively, that no residence shall be erected costing less than a given amount, and that no residence shall be placed within a certain distance of the front line of the lots. Such restrictions greatly enhance values, in guaranteeing protection against cheap buildings, stores, saloons, etc. ”

“ If he who makes two blades of grass grow where one grew before is a benefactor, then what is he who tears down a ramshackle tenement and rears in its place such a house as the Casa Ravello, where many families enjoy the privileges of privacy and individuality, or a group of houses such as those in the Richmond district, where the children have abundant play room and each occupant controls half his house, or a small home for one family of which so many examples are entered on the books of the Association in various localities and at varying prices, all within a modest range? ”

“ Another reason lies in the fact that, here and there, in the midst of the decaying slum areas, substantial new properties of various sorts are beginning to rise—some created by private initiative, some by public. ”

“ Under British rule they have fallen somewhat into neglect and disrepair, except in municipalities. But private serais or lodging-houses are springing up everywhere, at which accommodation can be had for a very moderate price. ”

“ The preference due to the law of the ward's domicile, and the importance of a uniform administration of his whole estate, require that, as a general rule, the management and investment of his property should be governed by the law of the state of his domicile, especially when he actually resides there, rather than by the law of any state in which a guardian may have been appointed or may have received some property of the ward. ”

“ It is not dispositive to maintain that a private landlord might terminate a lease at his pleasure. For this is government we are dealing with, and the actions of government are circumscribed by the Bill of Rights and the Fourteenth Amendment. 'The government as landlord is still the government. ”