One of my favorite “haunted” locations is The Whaley House Museum in Old Town San Diego, touted as The Most Haunted House in America. The Whaley House Museum generates a healthy amount of money from their entrance fees. The museum revenue is supplemented by donated monies dropped into the “Save Our Heritage Organization” (SOHO) box near the exit.  The museum is a cash cow, whether it is haunted or not.

The Whaley house is said to be haunted by Thomas Whaley, an early San Diego settler, as well as by the ghostly members of his pioneering family. The house even has a spectral dog running around the property. According to historians, this San Diego homesite that was chosen by Whaley in the late 1800′s, was purchased despite his knowing that the location served as the local gallows for criminals.

I’ve visited the Whaley House in San Diego on numerous occasions. I was fortunate over the years to roam the house and property after hours. I was allowed to roam freely by a former Whaley House “ghost” docent. It is a different environment inside that house when it is experienced alone and unguided. The late Rod Serling of The Twilight Zone fame enjoyed a private visit to the home, based on his affinity of paranormal phenomena. Talk Show King, Regis Philbin, also visited the home when he was a San Diego television host in the 60′s. Philbin was even said to have fled the home, in the middle of the night, during the after hours visit. The King of Horror Movies, Vincent Price, also visited the home outside of the boundaries of a structured tour. I can truly attest to the fact that it is truly a “thriller” to be inside that structure late at night.

There is one widely circulated “fact” about the Whaley House, however, that makes me cringe. The Whaley House is said to be one of 30 locations nationwide, “authenticated” as haunted by the United States Department of Commerce.

Huh?

Let’s back up and examine this for a bit. The U.S. Department of Commerce certification: “haunted house”. What does Government involvement in bestowing any sort of classification on a “haunted house” mean for you and me?

First, there’s a big misconception here. The U.S. Department of Commerce does NOT claim that the Whaley House or the said 29 other locations are actually haunted by ghosts. Some internet sources name the the U.S. Chamber of Commerce, San Diego Chamber of Commerce, or even the California State Chamber of Commerce, as the government entities that have bestowed the “haunted” designation on The Whaley House. Depending on the source, the words “designated”, “verified”, “certified” or “authenticated” are often used along with the claim that the government recognizes the location as haunted. The one word that remains constant is the word “Commerce” associated with these claims.

Definition: Commerce, n. 1. the activity embracing all forms of the purchase and sale of goods and services. – Source: www.thefreedictionary.com

Throughout my years of research into this popular claim, I have yet to find said list of 30 “certified” haunted houses that any branch of any government has “authenticated” and published. If you have said list, forward it to me. In the meantime, I am going to apply some common sense to the scenario.

Our federal government does not certify locations as “haunted” places – at least in the sense of certifying that a location is legally haunted by ghosts. The Winchester Mystery House in San Jose, CA is also believed to be authenticated by government as “haunted”.

There is to be considered, what exactly is the government involvement with the official classification of these and other properties?

The government certification as “haunted” is simply misunderstood. The designation of a haunted house given to the Whaley House by the U.S. Department of Commerce is only partially accurate. The designation as a “haunted house” to a business that collects entrance fees from the public, serves multiple fiduciary purposes. The designation of any business, for any purpose, mandates that any business complies with structural codes, public safety requirements, property value assessments, business classification, and tax classifications. So, the United States and local government commerce divisions DO oversee businesses that are legally designated, and that DO operate haunted houses for amusement purposes.

If you think about it, there are many reasons why a location that is designated as a “haunted house” would have to comply with specific government inflicted rules. If someone freaks out, for example, there must to be easy access for the person to exit the structure. As importantly, rules are in place to allow prompt access of emergency personnel into the place of business. All places of business, in order to operate, are forced to comply with federal, state and local code, in every aspect. The Whaley House Museum dually operates as a haunted house. The government rules for businesses operating under the designation of a haunted house ensure that the paid public enjoys a safe visit to the said haunted location. Any claim that a government entity certified the house as “haunted” is only partially accurate.

The Whaley House Museum’s website states: “Although we cannot state positively that the Whaley House is really haunted, the voluminous documentation of paranormal occurances at the site makes a compelling case.”

This statement tells me that there is no government authentication or verification or certification of ghosts bestowed on the property. The Whaley House Museum has never referenced any government designation.  Yet, this “fact” is all over the internet and has been relayed to me by various persons. Even a Travel Channel show that featured the home in a “most haunted” segment referenced the government designation.

While I do think The Whaley House Museum is haunted, the United States government did not authenticate my belief that the location is haunted. The government simply ensured that my visit to the structure complied with local, state and federal regulations – even if one visit was after hours, which is a grey area, to say the least.

I decided, on my own, based on my personal experiences at the location, that I personally believe that the Whaley House Museum is haunted. Additionally, it is up to science to prove that ghosts exist, not the U.S. Department of Commerce, nor is it up to any other state or local branches of commerce regulatory agencies.

(As a side note, the rogue ghost docent who allowed access to me no longer serves on staff at The Whaley House. After hours visits can be pre-arranged for additional fees for a limited number of hours aftter closing.)

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The Tucson housing market is teeming with houses and apartments for rent. On Craigslist alone, hundreds of rental opportunities scream for attention. Homeowners and property managers try to convey that one unique quality that will draw the eyes of a potential renter to their ad. With the popularity of ghosts and the paranormal hard to ignore, the thought of advertising a rental as haunted is extremely tempting, whether paranormal activity actually occurs on the property or not.

Take some time to the research real estate laws in your state, because that decision may very well come back to haunt you.

What if you want to sell your property in the future? Many states have “stigmatized property” laws concerning the disclosure of information to potential buyers. Murders, suicides, and in some states, even paranormal activity fall into this category. Once a property is advertised to the public as haunted, the property may become “stigmatized” in some states. Then, if this paranormal activity is not relayed to a potential future buyer, then it could fall into the realm of “non-disclosure” in a real estate transaction.

A textbook case of a similar scenario in New York is a great example of non-disclosure. Stambovsky v. Ackley (572 N.Y.S. 2d 672, 1991), is a well known “haunted house” case. In the 70′s and 80′s, Helen Ackley publicly claimed that her house was haunted. Ackley discussed the ghostly activities occurring in the home with Reader’s Digest, and continued to share her experiences with the local media for many years. The house was even on the agenda on a local tour route.

Jeffrey and Patrice Stambovsky bought the home without the knowledge of the local lore attached to it. Mrs. Stambovsky was simply terrified at the mere thought of living in the home, so the couple sued to get out of the contract. Despite losing the first round of their contract dispute, they appealed in 1991, and subsequently won, in the State of New York Appellate Court.

“Whether the source of the spectral apparitions seen by defendant seller are parapsychic or psychogenic, having reported their presence in both a national publication and the local press, defendant is estopped to deny their existence, and, as a matter of law, the house is haunted.” Justice Israel Rubin, Stambovsky v. Ackley

So what’s the harm in posting that Craigslist ad if you don’t plan on selling the home for a few years? The ad wouldn’t show up in Google results five years from now, right? Who’s gonna know?

Don’t be so sure that a neighbor wasn’t paying attention to that ad you posted, for example. We all have that guy down the street who pays attention to everything. He notices your house is sitting there empty. He’s likely to comb through the ads to see what kind of rent you are planning to charge for your home. Yes, he’s THAT guy. He sees your ad and is very likely amused by it. A couple years later, you sell the home, and he’ll be the first one over your old house to introduce himself to the new owners. Neighbors, like elephants, never forget anything. The first thing he’s likely to say to his new neighbors: “Seen any ghosts yet?” Then, you may have a big problem on your hands. Again, it depends on the laws in your particular state.

Even if you don’t have that neighbor, and you do rent the haunted house you advertised, the tenants lured into renting your home will likely probe the neighbors about any of the paranormal activity you advertised. Paranormal enthusiasts aren’t afraid to ask these questions, and they can, and will, ask anyone in the immediate vicinity. The next thing you know, your property gains a reputation as the “haunted house” on the block. More often than not “stigmatized” homes do not sell for full value. They usually sit unsold for much longer than non-stigmatized homes. That’s something else to consider.

Okay, so Arizona law does not require disclosure of a haunted property to a buyer, you’re safe in Arizona, right? New York law was established based on this very scenario, so don’t be so sure that the new owner of your home isn’t going to be the plaintiff, and subsequent winner, in a landmark case against you.

As an interesting aside, and even more of a reason to think twice before placing that ad, Rent.com conducted a Halloween survey this year that posed a question:

Would you live in a haunted house for cheaper rent?

The results speak volumes: 69% would live in such a home at discounted or free rent. This isn’t good news, though. Of those, half of those people would live with the ghosts if there was no rent charged. About a quarter of those would sign the lease for half the normally charged rent. Some would move in if utilities or cable were tossed into the deal. However, roughly 30% wouldn’t even think about giving it a try, even if they could live rent-free.

In short, that ad for a haunted house or apartment isn’t going to get you a tenant, unless you practically let them live there for free, or for well below the rent you would normally charge. It just isn’t worth it.

Take the time to consider any consequences of advertising that property as haunted, whether you believe it to be haunted or not. It would be wiser to discuss any paranormal activity directly with a potential renter prior to the signing of a lease agreement, if you feel a dire need to disclose such a thing.

Either way, just know the laws in your state, and think carefully about what you want to convey through that advertisement. Stick with the really sought after features in your rental ad: air conditioning is a highly sought after feature here in Arizona.

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El Chupacabra lives. The mythical monster has been spotted in Texas, Oklahoma, and even Connecticut in recent weeks.

El Chupacabra sightings hardly cause Tucsonans to bat an eyelash anymore. He’s old news to us.  One of the first U.S. encounters with the goat sucker occured right here in Tucson, 13 years ago. 

Or, did it?

The story goes that in the middle of the night on May 11, 1996, Billy Nubian awoke to the sound of panicked bleating from his two goats, Mattie and Delilah. While Nubian raced outside, El Chupacabra selected Mattie for dinner, and a life and death struggle between goat and creature ensued. Nubian startled the creature and reached Mattie in time. The creature shrieked at Nubian before he fled. Mattie was left unharmed.

A girl named Sarah (no last name) claimed to have encountered the creature in Tucson in 2003. The story goes that Sarah encountered El Chupacabra in her front yard. The creature leapt toward her and hissed before vacating the property. Sarah was left unharmed.

Yeah.

Has anyone bothered to study the name of the the first eyewitness? Billy…Nubian. Nubian is a goat breed. Yet, accounts still spread all over the world that Tucson resident “Billy Nubian” was one of the first to report a chupacabra. Billy…Goat.

People, please quit spreading that story. 

There have been no other pubilcized chupacabra sightings here in Tucson since 2003. Yet, encounters with El Chupacabra continue to spread across the United States.

An announcement was made in recent weeks that a dead “chupacabra” would be put on display at a creationist museum in Phoenix. That’s Phoenix, New York  –  NOT Phoenix, Arizona. Whew!

A real estate developer in the small New York town of Phoenix acquired the dead critter in Texas. He had it stuffed and placed on display. The creature’s carcass stands frozen in a menacing pose for the whole world to see.

It’s nothing we haven’t seen before.

It looks like a mangy coyote, like all the others found in recent years. It looks nothing like eyewitness accounts of the creature.  A tissue sample has been sent for testing. So, we shall wait and see what the experts have to say about this one.

Fox News discussed the creature on display recently. Who knew after all these years that the word “chupacabra” would be so hard to pronounce.

At least ”billy goat” is easier to say.

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