Dr. Tracey Barnett sought a furnished two-bedroom summer rental for herself and her two daughters while she attended an eight-week course at the University of Michigan. After evaluating price, location, and amenities, Dr. Barnett thought she had found the perfect sublet through Tree City Properties. The apartment was within walking distance to her seminar on campus and she had pre-arranged local childcare for her daughters.
After submitting an application, Dr. Barnett attempted, on multiple occasions, to contact Ms. Alawi. Dr. Barnett filed a complaint with the Fair Housing Center after Ms. Alawi eventually responded with the following email: “I’m sorry for taking so long [to get back with you], but I had to check with the city to see if it is permissible to have three occupants in this apartment. Unfortunately, the bedrooms are not of sufficient size to allow more than two occupants.”
Because Ms. Alawi initially agreed to the rental, Dr. Barnett gave up another sublet possibility. When Ms. Alawi refused her only three days before the family was to come to Ann Arbor, Dr. Barnett and her five- and eight-year-old daughters were forced to spend their summer living with family in the Detroit area, a long commute to the University of Michigan.
After receiving the complaint from Dr. Barnett, FHC staff went to the Ann Arbor Department of Community and Building Services to inquire about the occupancy standards for the apartment in question on Greenwood Avenue. A representative of the City stated that the two-bedroom unit could accommodate three people.
The Fair Housing Center staff met with Dr. Barnett and informed her of her rights under the Fair Housing Act. FHC Cooperating Attorney Jonathan Weber filed the case in Federal Court on December 19, 2012. The case was assigned to Judge Gerald E. Rosen.