Cicily Pippens contacted the Fair Housing Center to report that the agent at a West Eighth Street property, in the City of Monroe, took a rental application out of her hands after the agent learned that Ms. Pippens has two children.
The FHC investigated the claim of familial status discrimination by testing. Testers were sent to the location at various times during the period of a month. FHC testing supports her claim.
FHC staff met with Ms. Pippens shortly after the investigation was completed. Ms. Pippens chose to go to litigation with Steve Tomkowiak, a Fair Housing Center Cooperating Attorney. On March 5, 2013, Mr. Tomkowiak filed Pippens v Trkula in U. S. Federal District Court. The case is assigned to Judge Victoria A. Roberts.
According to the lawsuit, Ms. Trkula told Ms. Pippens that “they really do not want children living here.” In addition, FHC testers were told “you can’t have kids,” “it is an adult unit,” and that a previous tenant “found a girlfriend with kids” and that she, Ms. Trkula, “got rid of them.”
Ms. Pippens discovered the FHC through a classified advertisement she found in the Monroe Evening News. The FHC places a daily ad in six local newspapers across our six-county service area.
This is our fifth familial status case filed since 2010. Recognizing the need for public education on the issue of discrimination against families with children, we are conducting outreach concerning this issue. We have placed an ad (see inset) in the April edition of the Ann Arbor Family Paper and have plans for more. We hope the ad alerts families to call us if they hear something that sounds suspicious.
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.
Matthew Hargraves accepted $10,500 to settle his familial status lawsuit in late 2012. Mr. Hargraves contacted the FHC after a property owner in Okemos refused to rent him a fourbedroom house because he has four small children. FHC testing supported his claim of discrimination based on familial status. FHC Cooperating Attorney Jonathan Weber filed on behalf of Mr. Hargraves. The case was assigned to Judge Robert Holmes Bell. This is the first FHC-aided settlement to come from Ingham County. The case was filed in U.S. Federal District Court on January 26, 2012.
Peg Ball has a disability, uses a wheelchair, and makes use of a trained service dog called Deniro. She contacted the FHC to report a property owner who said he would, under no circumstances, take a tenant with a dog. The FHC advised Ms. Ball to write a letter to the owner explaining that Deniro was a service animal and not a pet, which she did. The FHC also conducted an investigation, and our testing supported the claim of disability discrimination by confirming the “no service animal” policy.
FHC Cooperating Attorney Jonathan Weber filed the case in U.S. Federal District Court on behalf of Ms. Ball on March 16, 2012. The case was assigned to Judge George Carem Steeh. The property owner called the FHC after the suit was filed. He alleged that he didn’t understand what a service animal could do for a person using a wheelchair. “Does he do her taxes?” he asked. Ms. Ball’s case was settled in early March, 2013.
A couple, who each use a wheelchair, contacted the FHC to report difficulty getting into and out of their building because of malfunctioning automatic doors, key pads, and remote controls. They also believed they were being charged illegally for wear and tear of the common areas of the property. A complaint was eventually filed with HUD. FHC staff worked with the complainants, condominium association, and their lawyer to resolve the issues.
A woman who uses a wheelchair contacted the FHC to report accessibility problems with her apartment complex: the entrance to the front door had a dozen steps and no ramp, the rental office required one step down to enter, and the back entrance area was unlit with a steep ramp and a heavy door. FHC staff wrote a letter to the property and the office has been made accessible. We are still working to resolve the remaining issues.
In this case, a woman with a mental/emotional disability was told she had to be downsized to a one-bedroom unit per HUD rules. The manager said the next available unit was next door to a tenant who had previously worked with the apartment management to try to evict the complainant. The complainant won the eviction case but knew that living so close to the other tenant would exacerbate the symptoms of her disability. FHC staff asked for a reasonable accommodation and the lawyer for the property agreed to allow the complainant to remain in her current unit until another one-bedroom unit was available.
FHC staff helped a woman with a support animal change her management company’s requirement that she sign a “pet agreement” in order to keep her support animal. Later in the year, FHC staff helped another woman at the same property with a support animal keep the animal without paying additional “pet rent.”
FHC staff assisted three people who required emotional support animals due to their disabilities. Each landlord cited “No Pets” policies as a reason for refusing to accept – or threatening to evict – the tenant. Letters from the Fair Housing Center convinced the landlords to allow the animals as reasonable accommodations. The FHC also clarified that pet rent could not be charged in these circumstances.
The Fair Housing Center assisted four people (three in Ypsilanti and one in Fowlerville) with getting their late fees dropped, eviction proceedings stopped, and fines previously assessed returned. Each complainant received their Social Security Disability checks at a date in the month that was past their rent due date. The checks were their only sources of income. As reasonable accommodations of their disabilities, the FHC asked that no late fees be charged if their rent checks were received two days after their Social Security Disability checks arrived, that landlords refrain from mid-month eviction proceedings in the future, and that any past fees be refunded. The accommodations were granted on all accounts and a total of over $1000 in late fees were returned.
An incoming graduate student intended to move into a new unit near campus before the fall semester began. The student has a disability and requires care 24 hours a day. When she looked at the furnished unit she asked the management company to provide an additional twin bed in her bedroom so her various caregivers could sleep or rest during their overnight shifts. Despite the fact that the caregivers were her employees and would not being living in the unit, the company said that the city would not allow an additional person to occupy the bedroom. A city official confirmed this policy.
FHC staff contacted the City Attorney asking for an explanation of this occupancy policy. The City Attorney’s office quickly issued an email response to us correcting the information that had been communicated by city officials to the landlord and tenant. The complainant took the email to her landlord who agreed to make the accommodation and she was able to sign the lease and move in before the semester began.
A woman with a disability, whose symptoms are made worse in cold temperatures, signed a lease for an apartment because heat was included in the rental price. She did not realize that the thermostat was pre-set to go no higher than 73 degrees. The apartment also had drafty windows and doors. After FHC staff requested a reasonable accommodation for the tenant, including a letter from her doctor, the owner raised the temperature limit to 78 degrees, installed weather stripping on the door, and covered the windows in plastic.
A woman with a mental/emotional disability needed to break her lease because a traumatic series of events on the property aggravated the symptoms of her disability. FHC wrote a letter of reasonable accommodation asking that the tenant be let out of her lease without penalty. The accommodation was granted.
The Fair Housing Center received a complaint from Michael H., who has quadriplegia, stating that he was going to be forced to leave his apartment. Michael had purchased a home that a group of dedicated volunteers were retrofitting for his use. He had arranged a nine month lease with his current management company with an option, at the end of the nine months, to stay on with a month-to-month lease until the repairs to his new home were completed.
However, by the time he needed the month-to-month lease extension there was a new, less flexible management company in place. They refused his request for a lease extension stating that they did not allow month-to-month leases for any tenant, for any reason, at their property.
FHC staff helped the complainant write a letter asking, as a reasonable accommodation of his disability, for his lease to go month-to-month until his new home was fully accessible. The management agreed and the accommodation was made. Michael was able to continue living in his apartment until moving directly into his new home.
We greatly appreciate your support of the FHC and our mission to end discrimination in housing and public accommodations and to promote accessible, integrated communities. With your help, we can continue to advocate for fair housing.
As a member of the Fair Housing Center, you will receive our newsletters, reports, and other updates, along with notices and invitations to FHC events.
If you would like to become a member of the FHC, please visit our membership page at www.fhcmichigan.org/get-involved/join-the-fhc. Thank you!
The FHC is a 501(c)(3) nonprofit tax exempt organization.
“For as long as there is residential segregation, there will be de facto segregation in every area of life. So the challenge is here to develop an action program.
DR. MARTIN LUTHER KING JR.
FHC Director Pamela Kisch was honored at the Fair Housing Center of Metropolitan Detroit’s 15th annual Fair Housing Leadership Awards Reception. Pam was presented with the Marvin Thomas Service Award. Marv was the Coordinator of Investigations and Testing for FHCMD for over two decades. From 1991-1994, Pam assisted Marv with the investigation of many cases. During this time, over 80 cases were referred to FHCMD Cooperating Attorneys for litigation. Congratulations, Pam!
The FHC is looking for testers in order to fully investigate the 150+ claims of housing discrimination we receive each year. Testers can volunteer their time or be paid for this critical civil rights work. If you are interested in helping to put an end to housing discrimination, please contact us at 1-877-979-FAIR.
We are excited to announce that Jessica’s Skin and Body Apothecary is donating 5% of the purchase price of two of their organic facials to the Fair Housing Center during the months of May, June, and July. Looking for something special to get mom for Mother’s Day? Maybe a gift that the two of you can do together? This would be perfect!
Whether you plan to support the Fair Housing Center by treating yourself, or buying a gift, you can book your “1 Hour Organic Facial” or the “Beyond Organic – Biodynamic Facial” today. Just be sure to receive these services in the months of May, June, or July so that 5% of the proceeds will go to the FHC. Help your skin and help promote accessible, integrated communities.
Jessica’s Skin and Body Apothecary is located at the corner of North Fifth Avenue and Catherine in Kerrytown. To book your service, visit www.jessicasapothecary.com or call 734-545-4303.
This past January, the Fair Housing Center began a partnership with Eastern Michigan University’s Office of Academic Service-Learning and Engaged Scholarship (AS-L). AS-L Director Jessica “Decky” Alexander worked with the FHC to connect one of AS-L’s Michigan Service Scholars, Monica Kozakiewicz, with the FHC.
Monica and FHC staff worked together to create an outreach initiative for EMU staff and students – with a particular emphasis on the recruitment of actors – to get involved with the FHC’s testing program. On March 19th and 22nd, the FHC hosted on-campus informational sessions for this “EMU Fair Housing Actors Initiative.” We look forward to many more years of this collaboration!
Monica is also a student in the Communication Media and Theatre Arts program at EMU and in an applied drama class. Her class chose to work on a theatre project regarding fair housing issues where they will give ‘voice’ to issues surrounding housing discrimination. The production is scheduled to be performed on the evening of April 23rd in downtown Ypsilanti. Contact info@fhcmichigan.org if you are interested in learning more or attending.
Last fall, the Fair Housing Center hosted a Test Coordinator Swap Meet for experienced coordinators of fair housing investigations. We welcomed participants from around the country, as far away as Hawaii, to Ann Arbor for this retreat.
For two days, 28 participants discussed tester recruitment and retention, new technology, testing techniques, preserving evidence, and tester training.
Fred Freiberg, from the Fair Housing Justice Center in New York City, delivered a talk to participants about testing as the core work of fair housing groups.
Michigan Watch, the investigative unit of Michigan Radio, is in the midst of a series on legal discrimination against the LGBT community in Michigan. Investigative reporter Lester Graham questions why it is legal to discriminate in housing and employment against LGBT persons. Mr. Graham contacted the Fair Housing Center to talk with Associate Director Kristen Cuhran about LGBT discrimination cases filed at the FHC, as well as the ARCUS study the FHCs of Michigan conducted in 2005. The piece (one of at least a dozen) is set to air in April on 91.7 FM
Dear Friends,
This year marks our 20th Anniversary! The Fair Housing Center of Metropolitan Detroit helped us get started in 1992 with a $20,000 grant from HUD. The Fair Housing Center of Washtenaw County officially opened for business on February 17, 1992.
In 2002, we changed our name to the Fair Housing Center of Southeastern Michigan to reflect our expanded geographical reach. Although we’ve grown to serve more people in more places, one thing hasn’t change – our mission. We’re still focused on enforcement of Federal, State, and local fair housing law.
With the help of our volunteer testers, dedicated board members, and community partners, we continue to fight housing discrimination and win. Our impressive track record includes:
Before 1992, ver few (if any) investigations were made on behalf of local discrimination victims. In 2012, we are on track to take 160 new complaints and we’ve already filed two lawsuits, including our first Ingham County-based litigation.
We look forward to the day our testing and advocacy services are no longer needed. But, until then, the Fair Housing Center of Southeastern Michigan will remain a strong force for justice in housing.
Thank you for your continued support,
Pam Kisch
Executive Director
The FHC marked its 20 year anniversary at the Michigan Theater in Ann Arbor on February l5th. We held a screening of the Academy Award nominated documentary film The Barber of Birmingham, followed by commentary from esteemed guests (see biographies below), including the film’s producer.
Audience members packed the theater to follow the film’s portrayal of the life of James Armstrong, an African-American barber and activist, up to the election of Barack Obama, the first African-American President.
The event also included a voter registration booth, food from Zingermans Community of Businesses and Sparrow Meat and Produce, as well as haircut giveaways from local barbers. The evening ended with Dr. Silas Norman leading us in singing “We Shall Overcome”.
Shirley was born in Birmingham, Alabama and was 10 years old when the Birmingham civil rights movement began. She marched at that time but did not fully understand why she was marching.
She later realized the impact that the civil rights struggle made on the entire nation and dedicated herself to finding those “warriors” who blazed the paths for freedom. She began working for the Civil Rights Activist Committee in Birmingham, Alabama, interviewing, recording, and publishing the untold stories of the foot soldiers’ of the civil rights movement.
Today, Shirley travels with Director Robin Fryday to events and film festivals, screening The Barber of Birmingham and using the documentary as a tool to motivate citizens to register to vote.
Born and raised in Chicago, Illinois, Robin now lives in California. The Barber of Birmingham is her first documentary film. She collaborated with award winning filmmaker Gail Dolgin.
In 2008, inspired by the potential nomination of Barack Obama as the first African-American president, Robin traveled to the South to explore the impact of the nomination on aging civil rights activists.
A subsequent research trip to Alabama confirmed her belief that the stories of those who fought for the right to vote in the 1960s needed to be captured and preserved. Robin recognized that African Americans who lived through this tumultuous era had stories specific to struggles in the South not existing anywhere else in the country.
Born and raised in Augusta, Georgia, Silas began his formal involvement and leadership in civil rights activities while at Paine College. He held positions with the NAACP and The Congress for Racial Equality while a student at Atlanta University, and then the University of Wisconsin. He heeded the call to return to the South and, in the summer of 1964, accompanied a Literacy Project team to Selma, Alabama. He remained in Selma after the summer and became a field worker for The Student Nonviolent Coordinating Committee.
In the Spring of 2011, he was a Freedom Flame awardee at the annual jubilee celebration of the 1965 March from Selma to Montgomery. He is a Professor of Internal Medicine and the Associate Dean for Admissions, Diversity and Inclusion at the Wayne State University School of Medicine.
Johns Civil rights work began in 1968 when he traveled to Mississippi to teach in a Freedom School and wound up working on a voter registration/voter education drive. He later worked for the MiChigan Department of Civil Rights, while also attending Wayne State University Law SChool as a night student, graduating in 1978.
In the past 25 years, John has handled a significant number of fair housing litigation matters, resulting in awards and settlements in exCess of $1,000,000. John is a member of the Board of Directors of the Fair Housing Center of Metropolitan Detroit and is Vice President and shareholder at the law firm of Wood, Kull, Herschfus, Obee & Kull, P.C. He is a reCognized expert in Civil rights, real estate, and property law.
A former Legal ServiCes attorney in CinCinnati, OH, Ronald is now a professor of African American Studies at Eastern Michigan University. Previously on the Board of Directors of the Fair Housing Center of Southeastern Michigan, he Currently is Vice President of the Ann Arbor Housing Commission.
cases filed
He and his wife have five Children and seven grandChildren, and have lived in Ann Arbor for over 40 years. Ronald is a lifelong benefiCiary of barbershop wisdom, inCluding the punditry and wit of his wife’s three uncles and the barbers of Washtenaw County.
Plaintiff Matthew Hargraves contacted the Fair Housing Center after a property owner in Okemos refused to allow him to rent a house because he has four children. FHC testing supported his claim of discrimination based on familial status. FHC Cooperating Attorney Jonathan Weber filed on behalf of Mr. Hargraves in U.S. Federal DistriCt Court in February, 2012. The Case is assigned to Judge Robert Holmes Bell. This is the first Fair Housing Center of Southeastern Michigan-aided fair housing suit from Ingham County.
Peg Ball has a disability and uses a wheelChair. She relies on the assistance of a trained service dog named Deniro. She Called the Fair Housing Center to report a Livingston County property owner who said he would, under no CirCumstanCes, take a tenant with a dog. We advised Ms. Ball to write a letter to the owner explaining that Dinero was a service animal and not a pet. At the same time, the FHC tested the Claim of disability disCrimination and Confirmed the no serviCe animal poliCy. FHC Cooperating Attorney Jonathan Weber filed on behalf of Ms. Ball in MarCh, 2012. The Case is assigned to Judge George Carem Steeh.
Joseph Jones, Assistant Coordinator of Investigations, began at the FHC in May. Joe recently graduated with a Master of Urban Planning and a graduate certificate in Real Estate Development from the Taubman College of Urban Planning at the University of Michigan. He also holds a Juris Doctor from the University of Michigan Law School. Joe brings experience with municipal governments though internship positions at the Office of Economic Development in Washtenaw County and in the City of Los Angeles as part of the Mayor’s Economic and Real Estate Development Team. He lives in Ypsilanti with his fiance, two cats, and dog.
We are pleased to announce that Karen Hawver has accepted the part-time position of Staff Accountant at the FHC. Karen brings years of experience in financial management.
Please join us in welcoming Karen and Joe!
The FHC wishes Palar Fort the best of luck in her future endeavors! Palar was a volunteer at the office during winter semester as part of her Women and Community class at the University of Michigan
Darrian Shaffer is a 35-month-old toddler who suffered from HSV Encephalitis, an illness that left him with a significant amount of brain damage. He is at the cognitive level of a 6-9 month old.
Darrian’s disability impedes his understanding of language- including simple warnings like “stop” or “no.” Taking him to an open-area park or playground is dangerous.
Darrian’s father planned to enclose the backyard with a fence, but the owner of the mobile home park where the family resides refused the request on aesthetic grounds.
Section 804 42 U.S.C. 3604(3)(A) of the Fair Housing Act, “discrimination in sale or rental of housing and other prohibited practices,” states that discrimination includes:
“a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises.”
After the Fair Housing Center informed the owner about fair housing law, permission was given and the fence was built. Even the owner now agrees that the fence looks good– and more importantly, Darrian has room to play safely.
What do you do when your Social Security Disability check comes on the 3rd and your rent is due on the first? Call the Fair Housing Center! A woman contacted FHC because she thought it was wrong that her apartment complex was charging her late fees. Her Social Security Disability checks arrived after the 1st of the month and she had no ability to pay her rent before the 1st. Her complex was accessing her large monthly fines even though she explained the situation to them. She decided to take action and made the call to Fair Housing.
FHC staff wrote a letter asking to have a woman’s rent due on or just after the check was scheduled to arrive and to have the late fees that were previously accessed returned. The property granted the request for the due date change and returned $825 in late fees to the woman.
A woman with a visual impairment was being penalized for not responding to written notices from her rental office. She asked the office staff to either read her the notices or to email the information in an accessible format. When they did not honor her request, she turned to the Fair Housing Center for help. A letter from FHC staff asking for a reasonable accommodation resolved the situation.
The FHC resolved a case for a woman who was disabled by cancer and undergoing treatment. The owner refused to renew her lease, telling her that a community group wanted her unit for their clients. The owner offered to move her to another building. The woman worried that the stress of moving would impede her treatment and recovery.
FHC spoke with the owner and ultimately contacted the community group (who did not want the unit if a disabled person would have to be uprooted). Our complainant, who had lived in that apartment for over 20 years, was allowed to renew her lease.
Adrian Ray wanted to have her 19 year old daughter Brandy Wheeler move in with the rest of the family. Brandy was newly disabled, using a wheelchair and unable to leave a nursing home until she had an accessible place to live. The owner would approve the additional occupant but the Ray family lived in a second floor apartment and the owner had no accessible alternative for them.
Section 8 was willing to let the family move mid-lease but only with landlord approval. Working closely with the Capital Area Center for Independent Living (CACIL) staff, FHC staff successfully persuaded the owner to let the family out of their lease forfeiting only their security deposit. The family now lives together in an wheelchair accessible home.
The top three types of complaints made to the Fair Housing Center in 2010:
Cassandra Kraehnke contacted the FHC to report that her family was denied the rental of a mobile home in Monroe because she had one child and was pregnant with a second. Ms. Kraehnke said the agent told her that the property had a “one child policy” and thus her family could not live there because she was expecting a second child. FHC testing supported their claim. FHC Cooperating Attorney Michael Gatti filed the case on behalf of the Kraehnkes. The case was assigned to Federal Judge David M. Lawson.
The FHC also referred the case to U.S. Department of Justice. The DOJ filed its own lawsuit against Shamrock Village Mobile Home Park, along with a proposed settlement. Under the settlement, the park’s owner, Tel-Clinton Trailer Courts, agreed to comply with the law, train its employees and create a $20,000 pool to compensate other victims who were turned away because of Shamrock’s alleged policy. The company also agreed to pay a $7,500 civil penalty.
The DOJ lawsuit was assigned to Federal Judge Arthur J. Tarnow and was brought by Assistant United States Attorney Susan DeClercq from the U.S. Department of Justice and Christopher Fregiato, an Attorney with the Housing and Civil Enforcement Section of the Civil Rights Division, U.S. Department of Justice.
The case against Ivanhoe House Apartments in Ann Arbor settled in July 2010. Cooperating Attorneys D. Scott Chang and Stephen M. Dane from the law firm of Relman, Dane & Colfax, PLLC and Stephen R. Tomkowiak filed the case on behalf of the FHC. The U.S. Department of Justice also filed suit. Judith Levy and Holly Lincoln from the DOJ represented the U.S. The case was assigned to Federal Judge Sean F. Cox. Read the Ann Arbor Chronicle article about the case at www. fhcmichigan.org.
Initially, two women contacted the Fair Housing Center to report allegations of sexual harassment by property manager Glen Johnson in Ypsilanti Township. In each case, the women reported being offered housing, but were pushed to trade sexual favors for repairs or keys to the property. FHC staff and Liz Elkiss, a law student from the University of Michigan, did research to find other possible victims.
FHC contacted the U.S. Department of Justice and met with Assistant U.S. Attorney Judith Levy to discuss the case. The Department of Justice used their resources to find additional victims. The owner of the rental homes is Washtenaw County Commissioner Ronnie Peterson.
The case was tried in front of Federal Judge Julian Abele Cook Jr. After about five days of testimony, the jury awarded a total of $115,000 to six victims.
On March 4, 2011, the Court entered a post-trial order for additional injunctive relief and civil penalties totalling $82,500. (The order requires Johnson to pay a $55,000 civil penalty, the maximum civil penalty for a first violation of the Fair Housing Act, and orders Peterson to pay a $27,500 penalty.)
On January 24, 2011, HUD proposed new regulations to ensure equal housing access for LGBT people in all of its housing programs, including financing.
The press release titled “HUD proposes new rule to ensure equal access to housing regardless of sexual orientation or gender identity” was covered by multiple newspapers (including the New York Times and The Washington Post), as well as national and international online news sources and blogs.
The 2007 joint report by Michigan’s fair housing centers (of Metropolitan Detroit, Southeastern Michigan, Southwest Michigan, and West Michigan), “Sexual Orientation and Housing Discrimination in Michigan,” was mentioned and linked to in HUD’s proposed rule. The report was also covered in the national media and has over 500 search results online — a significant audience for this groundbreaking research.
Funded by a grant from ARCUS, the Michigan study is the largest ever done in the country assessing the status of housing discrimination against gay people. Renewed interest in the study led to invitations for FHC Director Pam Kisch to be a panelist at the 23rd National Conference on LGBT Equality: Creating Change in Minneapolis, Minnesota in February 2011 and at the HUD Policy Conference in New Orleans in July 2010.
Current Michigan law does not protect against discrimination towards LGBT persons. Over the past decade, various bills have been introduced to include sexual orientation and gender identity in the Elliott-Larsen Civil Rights Act but none have passed through the Michigan legislature.
In the FHC’s six-county area, however, city non-discrimination ordinances in Ann Arbor, Ypsilanti, Lansing and East Lansing do provide some protection against discrimination based on sexual orientation, gender identity, and gender expression.
If you believe you have been the victim of housing discrimination because of your sexual orientation or gender identity, we encourage you to file a complaint with our office. We have had successful litigation with the current Federal Fair Housing Act under sex discrimination, and with the Elliott-Larsen Civil Rights Act under marital status. Complaints can be filed by calling 1-877-979-FAIR or by filling out a complaint form at www.fhcmichigan.org.
[excerpt from rule]: “Michigan fair housing centers found disparate treatment in 32 out of 120 fair housing tests it conducted. Testers posing as gay or lesbian home seekers received unfavorable treatment on issues such as whether housing was available, the amount of rent, application fees, and levels of encouragement as compared to testers posing as heterosexual home seekers.
Please join us in welcoming Jessica Ortiz as the newest full-time staff member of the Fair Housing Center. Jessica began as the Assistant Coordinator of Investigations at FHC on September 1, 2010. She received a Master of Social Work from the University of Michigan and a Bachelor of Arts in Social Work from Michigan State University. Between her undergrad and graduate degrees, Jessica did development work in Chicago at the United Neighborhood Organization (UNO) which focuses on the Latino community. Jessica lives in Brighton.
Causes Wish is the fun and social way to raise money to affirmatively further fair housing. Use the events of your life— like a birthday, wedding, memorial, or a 10k run—to make a difference. Decide what your “wish” will be (for example: End Housing Discrimination!) and then direct your fundraising to the Fair Housing Center. It’s easy, fun, and fulfilling to see your impact so clearly and quickly. Head to wishes.causes.com or visit our facebook page www.facebook.com/FHCSM to create your Wish today.
Willa Sea Holbrook was born to parents Kristen J. Cuhran and Natalie Holbrook on November 30, 2010. Willa was born at 7:09 AM at 5 lbs 15 ounces, 21 inches. Kristen brings Willa to work at the FHC office every so often. Willa is the couple’s first child.
In 2010 and 2011, Bryon Lawrence and Sara Strauch worked part-time at the Fair Housing Center. Each assisted with investigations, answering phones, and taking complaints. We asked them to reflect on their time at the FHC.
Bryon had this to share with us: “I appreciated the time I spent at FHC in phone conversations acknowledging people’s needs and helping them as much as possible. One of the main things I took away from this experience was that discrimination is about more than just race- it happens within races, across disability status, gender, and religions”.
Sara said “I loved working at the FHC! It was a wonderful experience that taught me so much. Before I took this position, I knew about civil rights and discrimination, however, I had no idea how widespread it was or how ugly it is. This position and the FHC staff increased my desire to be an advocate for others and to fight to end discrimination.”
The FHC needs help with outreach to your community! This could mean posting a flier, sending an email, putting a statement in your church or community group bulletin, telling a friend, or Facebooking about our services. We are also looking for testers in order to fully investigate the 140+ claims of housing discrimination we receive each year. Testers can volunteer their time or be paid for this critical civil rights work. If you are interested in helping us end housing discrimination through either of these unique opportunities, please contact us!
In a landmark settlement, the Fair Housing Center of Southeastern Michigan has negotiated an agreement which will require the Uptown in Canton Apartments complex to renovate 97 first-floor units, in order to fully comply with the 1988 Federal Fair Housing Amendments Act.
The lead plaintiffs in the case, Michael Lowrey and his mother Marilyn Lowrey, have accepted $227,500 to settle their claims of discrimination.
Mr. Lowrey, who uses a wheelchair, contacted the center in early 2006 because his apartment, advertised as “barrier free,” had some accessibility problems. Mrs. Lowrey, a retired nurse, frequently visited her son to help with his care. Able to walk only short distances due to her disabilities, she parked behind Mr. Lowrey’s unit (there were no near by accessible parking spaces). Mrs. Lowrey joined the suit after Uptown staff repeatedly threatened to tow her car.
During our investigation FHC discovered that only four first floor units in the new complex were made accessible. The Fair Housing Act says all multi-family housing built for first occupancy after March 13, 1991, must adhere to seven design requirements regarding wheelchair accessibility for ground floor units, and an accessible route.
The U.S. Department of Housing and Urban Development (HUD) defines an accessible route as “an unobstructed path connecting accessible…spaces in a building or within a site that can be negotiated by a person…using a wheelchair.”
FHC found problems with the sidewalks, lack of access to the mailboxes and other common areas of the property. Mr. Lowrey was forced to sit outside the pool area fence while his guests swam, because the only ramp led to a locked Club House.
According to the settlement, Uptown in Canton Apartments will finally make the property more accessible for people with disabilities. This includes retro-fitting all ninety-seven first floor units; providing accessible routes through the entire property; and adding accessible parking. Costs for the changes are estimated at over $1,000,000.
FHC Cooperating Attorney J. Mark Finnegan filed the case in Federal Court on behalf of Mr. Lowrey in July 2006. A year later, the FHC Board of Directors voted to intervene in the case. Cooperating Attorney Steve Dane of Relman, Dane & Colfax represented the FHC. Both cases were assigned to Judge Nancy Edmonds.
Condominium buyer James Newby, sellers Sarah and Joshua Drummonds and the Fair Housing Center of Southeastern Michigan have accepted $40,000 to settle a housing discrimination lawsuit against the Woodcrest Condominium Association and its managers, Barbara and Allen Diedrich.
The lawsuit was initiated in 2007 when Mr. Newby contacted the FHC to report the denial of his application by the Woodcrest Board of Directors. At the time, Mr. Newby and the Drummonds had a signed sales agreement for purchase of a one bedroom-unit at the complex, which is located in Monroe, Michigan.
The lawsuit alleged that Mrs. Diedrich made comments about her perception that Mr. Newby was disabled. Testing conducted by the Fair Housing Center supported the claims of discrimination based on disability, race, age, and familial status (families with children). According to the lawsuit, both the prospective buyer and seller were harmed by alleged acts of discrimination at Woodcrest. The Newby offer remains today the only purchase offer that the Drummonds have received since putting their condominium on the market in December of 2006. The FHC joined the lawsuit to bring the allegations of race discrimination.
The Drummonds are prohibited by Woodcrest’s by-laws from renting their condominium, and their inability to sell their condominium has rendered them unable to qualify for a mortgage to buy their own home to raise a family. Under the terms of the settlement, Barbara and Allen Diedrich are barred from participation in decisions regarding prospective buyers or applicants. The settlement also includes an agreement not to interfere with the Drummonds sale of the condominium to Mr. Newby.
This is the second time the Woodcrest Condominium Association and Barbara and Allen Diedrich were sued for alleged violations of fair housing law. As a result of a previous housing discrimination case, filed in 2000, Woodcrest signed a consent decree with the U.S. Department of Justice in 2002. The decree required the defendants to attend fair housing training, over a five year period, with the Fair Housing Center of Metropolitan Detroit. The training thoroughly outlined the duties of property owners and managers under fair housing laws.
According to the more recent 2007 lawsuit, both the FHC-Southeast and the FHC-Detroit believe that Woodcrest Condominiums, Allen Diedrich, and Barbara Diedrich deliberately violated fair housing laws.
Cooperating Attorney Jonathan G. Weber filed suit on behalf of Mr. Newby, the Drummonds and the FHC in the United States District Court for the Eastern District of Michigan. The suit was assigned to Judge John Corbett O’Meara.
Alfreda and Devon Keck, an African-American couple, contacted the FHC in 2004 to report their treatment at Kensington Court hotel. Testing by the Fair Housing Center supported their claim of discrimination based on race. Cooperating Attorney Stephen M. Dane filed the lawsuit on behalf of the Kecks. The case was assigned to Federal District Court Judge Robert Cleland.
The couple tried unsuccessfully for three months to reserve the Kensington Court hotel in Ann Arbor, Michigan for their wedding reception. The Kecks were never permitted to place a deposit, sign a contract, or even schedule an appointment with the hotel’s wedding specialist.
The District Court granted defendants’ motion for summary judgment, but the United States Court of Appeals for the Sixth Circuit reversed in a rare appellate decision addressing the elements of a /prima facie/ case of race discrimination in a retail establishment. The appellate court held that a plaintiff need not rely exclusively on showing differential treatment of similarly situated customers to raise an inference of discrimination. Rather, in the retail establishment context, a plaintiff can survive summary judgment by showing that the defendant’s behavior “was so profoundly contrary to its financial interests, and so far outside of widely accepted business norms,” that the conduct supports a rational inference of discrimination. The case was settled after the appellate decision.
After several years of testing Ivanhoe Apartments for possible violations of fair housing law, the Fair Housing Center of Southeastern Michigan Board of Directors voted to file suit against the owner and resident manager of the Ann Arbor housing complex in July 2009.
To investigate allegations of race discrimination the Fair Housing Center sent African-American and White test teams to Ivanhoe Apartments located off Packard Road in Ann Arbor. Testing evidence supports the claims of race discrimination. The FHC’s enforcement program is supported in part with funding provided by the United States Department of Housing and Urban Development through the Fair Housing Initiatives Program.
“Based on the testing evidence, the Fair Housing Center has a responsibility to litigate this case” said Ann Routt, President of the FHC’s Board of Directors. The US Supreme Court decision in Havens v Coleman recognizes the right of fair housing organizations to sue for damages under the Federal Fair Housing Act.
The Justice Department filed suit in March 2010 alleging that the defendants discriminated on the basis of race or color in the rental of apartments. The case is being handled by the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the Eastern District of Michigan.
Filing on behalf of the FHC are Cooperating Attorneys D. Scott Chang and Stephen M. Dane from the law firm Relman, Dane & Colfax, and Steve Tomkowiak. Judith Levy and jointly Holly Lincoln from the Department of Justice are representing the U.S. The case is assigned to Federal Judge Sean F. Cox.
The FHC recently launched a new ad campaign, designed by Patricia Claydon of Ballistic Design. A version of our new ad was in Ann Arbor and Jackson buses in April, Fair Housing Month, and will continue through May 2010. Lansing movie-goers will see a video version of the ad, April – June.
We are sending the poster to social service agencies in our 6 county area, as well as placing ads in some area newspapers, and on our website and facebook page. If you would like a 11 x 17 color poster or have a suggestion on where to place one please email us at info@fhcmichigan.org or call 1-877-979-FAIR.
To see the movie ad and all versions of the new campaign, please visit www.fhcmichigan.org.
The FHC congratulates Coordinator of Investigations, Kristen Cuhran (left) on her un-wedding to her partner of 10 years Natalie Holbrook. Kristen and Natalie chose the “un-wedding” theme as a way to bring attention to the lack of federal equal rights for lgbtq persons in the United States. The ceremony was held February 2010, in Ypsilanti under the gazebo at Riverside Park, followed by a reception at the Corner Brewery. The couple “un-nymooned” on the waterfront in West Michigan. The ceremony was featured on asimplewedding.com and pridesource.com.
Thanks to a new grant, the Fair Housing Center of Southeastern Michigan (FHC) now provides services in Ingham, Jackson and Livingston counties. The 3-year grant funded under the HUD Fair Housing Initiatives Program – Performance Based Funding Component (FHIP-PBFC) allows us to formally expand our enforcement area. We started by hiring Jasmine Cooper, our new Assistant Coordinator of Investigations, adding a toll-free number, and running ads in six area newspapers. To accommodate our growth we needed more space. So, after 17 years on the 3rd floor of the Legal Services building, we moved in April 2009 to our new office in the Kerrytown area of Ann Arbor. The new grant began in December of 2008.
The Fair Housing Center wishes to thank all of the members and friends who came out to our Grand Opening on Friday, May 15th 2009. We had a wonderful time welcoming you to our new office. We are especially grateful to our guest speaker of the evening, Assistant Attorney for the US Department of Justice, Judy Levy. Deep appreciation to eve-the restaurant, Everyday Wines, Sparrow Market and Produce, and Zingerman’s Creamery for helping to provide a delectable spread for our guests.
Mitch Abrams and Sue Dible accepted $20,000 to settle a familial status discrimination case against the owner of an apartment building in Ypsilanti, Michigan. Mr. Abrams contacted the Fair Housing Center to complain that his family was not accepted as tenants in the apartment building known as “Scott’s House Apartments” located at 116 Perrin Street near Eastern Michigan University. Mr. Abrams and Ms. Dible suspected discrimination. Testing by the FHC produced evidence that supported their claim of discrimination. At the time of the complaint, their six-month-old son, Logan had a medical condition that prompted them to seek smoke-free housing. Scott’s House Apartments are advertised as “non-smoking.” Initially Ms. Dible and Mr. Abrams asked the FHC to contact the owner and settle the case without litigation. The owner, John W. Adams, told FHC staff that if he rented to families with kids “all my students would move out” and “all I have is students in there.” When negotiations failed, the family opted for litigation. FHC Cooperating Attorney Jonathan G. Weber filed the case, which was assigned to Federal District Judge Victoria A. Roberts. Testing for this complaint was funded in part by Washtenaw County.
“…because we have only 1 bedroom apartments, there are no children.” This illegal ad was found on the website of Arbor Apartments after Dawn Simpson told the FHC that an Arbor Apartments’ agent said that she and her toddler son could not share a one-bedroom apartment. Testing evidence supported the claim of discrimination based on familial status. The FHC found that on multiple occasions the rental agents told testers that the City of Ann Arbor prohibits a parent with a child to rent a one-bedroom apartment. Testers were told “they [the units] aren’t big enough, and no children are allowed. It’s an Ann Arbor ordinance;” “it’s pretty quiet because there are no kids;” “they [the units] are all one-bedrooms so there are no children or dogs;” “we have a no-children policy.” Ms. Simpson accepted $15,000 to settle the case against Allmand Properties–owners of Arbor Apartments. The case was filed by FHC Cooperating Attorney Jonathan G. Weber. Ms. Simpson’s case was assigned to Federal District Judge George Caram Steeh. Testing for this complaint was funded in part by the City of Ann Arbor.
For the second time, the Woodcrest Condominium Association and managers Barbara and Allan Diedrich are being sued for alleged violations of state and federal fair housing law. This time prospective condominium buyer James Newby, sellers Sarah and Joshua Drummonds, and the FHC have filed a discrimination suit based on race, familial status, age, and disability against Woodcrest and the Diedrichs. In 2007 Mr. Newby contacted the FHC after the Woodcrest Condominium Board of Directors denied his application. Mr. Newby had already been approved for the mortgage. The lawsuit alleges that Mrs. Diedrich made comments about her perception that Mr. Newby was disabled and that they did not want him there. The Drummonds never found another buyer. The complex, located on John Anderson Court in Monroe, Michigan, was previously sued for housing discrimination in 2000. In that case, pursuant to a consent decree with the US Department of Justice, the defendants attended five years of fair housing training with the Fair Housing Center of Metropolitan Detroit. The case was filed by FHC Cooperating Attorney Jonathan G. Weber and assigned to Federal District Judge John Corbett O’Meara.
In 2005 the Fair Housing Center received a complaint of race discrimination and testing supported that claim. When the complainant decided against pursuing the case, the FHC Board of Directors voted to act as plaintiff. Town & Country Apartments was also sued in 2003 for discrimination based on race. After the 2003 case settled, FHC Cooperating Attorney Steve Tomkowiak wrote to opposing counsel suggesting fair housing training for the staff of the 97-unit apartment complex located near the corner of Packard and Carpenter Road. His letter stated:
I was not exaggerating when I indicated to your office some time ago that the testing results in the above case were the second worst instance of fair housing violations I have seen in over ten years of handling fair housing and fair lending cases involving testing evidence.
Based on the recent testimony of the owners at deposition, no fair housing training was ever provided to any Town & Country rental agents. Mr. Tomkowiak filed the case in Federal Court on behalf of the Fair Housing Center in January 2007. The case is assigned to Judge Avern Cohn.
We are pleased to announce the hiring of Jasmine K. Cooper as the Assistant Coordinator of Investigations at FHC as of March 2009. Jasmine is a cum laude graduate of Eastern Michigan University, where she majored in African-American studies. After college, she worked with Change to Win’s Retail Pharmacy Campaign. While fighting for the fair treatment of pharmacy workers, she investigated redlining and discriminatory practices against low-income communities as perpetrated by one of the largest companies in that industry. In addition to her work at the FHC, she is pursuing a doctoral degree in African-American studies at Michigan State University. Jasmine lives in Ypsilanti, with her husband DuJuan Jackson.
In 2008, University of Michigan law student Liz Elkiss worked as an intern for the FHC. Liz contacted us after taking a course on fair housing law and policy taught by Judy Levy and Saul Green. While interning at the FHC she helped investigate sexual harassment cases. One case is currently in litigation. After graduation she worked as the Regional Get-Out-The-Vote Director for Oakland County, Michigan for the Obama campaign. Liz is currently working in Washington, DC as an attorney at the law firm Hogan & Hartson.
Since 1992 the Fair Housing Center has investigated over 2,000 fair housing complaints with total settlements and conciliations of over $1,400,000. Our services are offered free of charge. Supporting our work at the FHC is a good investment in justice–for every $1 used to run the FHC, $0.78 cents has been recovered in FHC-aided settlements. Right now we have hundreds of files that need our attention. While we can’t make any promises to these families, we try to investigate every case. You can help us take on this important work by making a tax-deductible donation to the FHC today. Your support will help provide the testing, research, advocacy, advice, and attorney referrals needed to assist victims of illegal housing discrimination. Thank you.
When Harry Tyus accepted $50,000 to settle his claim against Fairway Trails Apartments, FHC aided settlements went over the $1,000,000 mark. The Tyus v Fairway Trails victory was a group effort involving the Fair Housing Center, Legal Services of South Central Michigan, Washtenaw County Circuit Court, an FHC Cooperating Attorney, the U.S. Department of Housing and Urban Development (HUD), and ultimately the U.S. Department of Justice. After living in the Fairway Trails Apartments for three months Harry Tyus asked if, instead of the first week of the month, he could pay his rent after his Social Security disability check arrived. Fairway Trails refused and sent him an eviction notice. Legal Services of South Central Michigan attorney Henry Wolfe responded to the eviction with fair housing counter claims.
Our country’s civil rights laws require not only freedom from discrimination, but also freedom from retaliation for those who seek to exercise their civil rights.
U.S. Department of Justice about the Tyus case
In October 2004 Washtenaw County Judge John B. Collins ordered the complex to accommodate Mr. Tyus’ disability by accepting his rent later in the month without penalty. Fairway Trails responded by refus- ing to renew Mr. Tyus’ lease, forcing him to move. FHC worked with Mr. Tyus to file a complaint with HUD alleging retali- ation. When contacted by a local HUD investigator Fairway Trails offered Mr. Tyus $300 to settle the claim. Mr. Tyus refused their offer. HUD attorneys in the Chicago Regional Office again tried unsuccessfully to negotiate a settle- ment. The HUD regional office gave Mr. Tyus the option of taking his case to the U.S. Department of Justice. In May 2006 Judith Levy, Assistant U.S. Attorney in Detroit, filed suit claiming that Fairway Trails retaliated against Mr. Tyus for making a fair housing complaint. FHC cooperating attorney J. Mark Finnegan represented Mr. Tyus. The case was assigned to Judge John C. O’Meara of the U.S. Federal District Court, Eastern District of Michigan, Southern Division. “Our country’s civil rights laws require not only freedom from discrimination, but also freedom from retaliation for those who seek to exercise their civil rights,” wrote the U.S. Department of Justice about the Tyus case.
Nikia Holland, an African-American woman, and her white friends Suzanne and Eric Trader accepted $47,500 to settle a race discrimi- nation case against the owners of Camelot Apartment in Ypsilanti Township. In 2005, Ms. Holland and her friend contacted the FHC to complain about manager Deanna Larivee. Their complaints included: the use of racial epithets, harassing white tenants to stay away from African-American friends and tenants, and failing to make repairs in Ms. Holland’s apartment. Testing evidence supported their claims of race discrimination. The case, litigat- ed in Federal Court by FHC Cooperating Attorney Jonathan G. Weber, was assigned to Federal Judge Bernard A. Friedman. Shortly after the case settled Ms. Holland (herself a rental property manager) was sent to dismiss the staff at several apartment complexes recently acquired by her company. When she arrived at a complex in Milan, Michigan she came face to face with none other than Deanna Larivee, former manager of Camelot Apartments.
Forest Hills Cooperative started eviction proceedings against Gwen Fjellman based on the alleged behavior of her disabled child. Legal Services of South Central Michigan requested that Forest Hills drop the eviction plan as a reasonable accommodation of the child’s disability. When the request for reasonable accommodation was refused, FHC Cooperating Attorney Gayle Rosen immediately filed a fair housing case in Federal Court. The case was assigned to Judge David M. Lawson. The terms of the settlement agreement are confidential.
FHC testing supported Leslie Brown’s claim of discrimination based on race. FHC Cooperating Attorneys Jonathan Weber and Jonathan Rose represented Ms. Brown in the case in Federal Court. The case was assigned to Judge Denise Page Hood.
Mike Lowrey contacted the FHC to report accessibility problems with his “barrier free” apartment. Our investigation found that only four units in the complex were made accessible. According to the Fair Housing Amendments Act, all multi-family housing built for first occupancy after March 13, 1991, must adhere to seven design requirements regarding wheelchair accessibility for ground floor units. We also found problems with the sidewalks, lack of access to the mailboxes, club house, and other common areas of the property. Cooperating Attorney J. Mark Finnegan filed the case in Federal Court on behalf of Mr. Lowrey in July 2006. FHC Board of Directors voted to intervene in the case. By joining the litigation, FHC can negotiate for retro-fitting that will increase accessibility for all current and future tenants with disabilities. Cooperating Attorney Steve Dane of Relman & Dane represents the FHC. Both cases are assigned to Judge Nancy Edmonds.
As a reasonable accommodation of his disability, Warren Salinsky asked Courthouse Square to move him to the 10th floor where there are no smokers. The manager refused, but a letter from FHC changed her mind. She then told Mr. Salinsky that the only open 10th floor unit (Unit A) had serious repair problems and she had no idea how long the renovations would take. Months went by and Mr. Salinsky, whose disability affects breathing, heard about another 10th floor apartment (Unit B). Concerned that Courthouse Square might misrep- resent the availability of Unit B, FHC staff accompanied Mr. Salinsky as he inquired about “any other unit on the 10th floor”. The rental agent repeated that only Unit A was open and in the midst of renovation. On the same day, FHC sent a tester to find housing for her “grandmother”. The same agent showed our tester Unit B and said her grandmother could move in ASAP. Cooperating Attorney Steve Tomkowiak agreed to take the case to stop Courthouse Square from renting Unit B to anyone else. Within days Warren Salinsky moved into Unit B and the case was filed in Federal Court. The case is assigned to Judge Paul V. Gadola.
Alfreda and Devon Keck filed a racial discrimination suit against Kensington Court Hotel located in Ann Arbor. The African- American couple went to Kensington Court to book their wed- ding reception and hotel rooms for October 2005. The Keck’s felt they were being treated unfairly and turned to the FHC for help. FHC testing supported their claim of race discrimination. FHC Cooperating Attorney Stephen M. Dane of Relman & Dane filed the case in Federal Court on March 12, 2007. The case is assigned to Judge Robert H. Cleland.
The enactment of the Federal Fair Housing Act on April 11, 1968 came out of a long and difficult struggle. In 1965 civil rights groups in coordination with Dr. Martin Luther King, Jr. focused on Chicago and pushed for fair housing rights. In 1966 and 1967 Congress consid- ered a fair housing bill, but failed to pass it. When the Dr. Martin Luther King, Jr. was assassinated on April 4, 1968, President Johnson used this national tragedy to urge for the bill’s speedy approval.
Please help us stop illegal housing discrimination by making a contribution in honor of the 40th Anniversary of the Federal Fair Housing Act. Consider a $400 donation before April 30, 2008. If you are not yet a member, please join. No gift is too small to bring about change.
Kristen Cuhran joined the Fair Housing Center staff in November 2006. Kristen comes to this job with a solid fair housing background. Kristen coordinated the test- ing of restaurants in four southern states with the Fair Housing Action Center in New Orleans, volunteered for us while in graduate school, and successfully coordinated the FHC-Southeast testing for the Arcus Foundation project on a (very) part-time basis. Prior to joining the FHC, Kristen spent four years as the Director of Marketing and Events for Ozone House in Ann Arbor. Kristen holds a BA in Sociology from Grand Valley State University and a Masters Degree in Women’s Studies from Eastern Michigan University. Kristen and her partner Natalie Holbrook live in Ypsilanti
Akisha Jones and Sarah Powers, both University of Michigan graduate students, worked part-time with FHC in 2007. Akisha edited our HUD grants, and Sarah worked on Housing Advocates Training. They also did a tremendous amount of work on our investigations. After receiving her Masters Degree in Education, Akisha became a Research and Evaluation Associate for Edvantia in Charleston, West Virginia. Sarah will receive Sarah Powers Masters Degrees in both Public Heath and Urban Planning. In May Sarah is heading back to Rwanda where she will work on public heath planning. We wish them both all the best
Carol Frye asked the management of her complex for permission to install a ramp and roll-in shower at her own expense. “Your requests are denied” said the letter from Keystone. The management company said neither of the requests was possible. By February 2004 Carol Frye had not been outside of her home in two months. Both entrances to her apartment have steps and Ms. Frye was no longer able to walk up and down them or step into the only shower in her unit.
FHC staff quickly showed the company that, not only were the modifications possible, but the Parkway Meadows was obligated to pay for the work. Our research found that the federally-funded apartment complex had close to a $1,000,000 in reserve for renovations, including accommodations like those requested by Carol Frye. FHC friend and architect David esau provided plans for both a ramp and a roll-in shower. Instead of the accommo- dation, Ms. Frye received a bill for painting and maintenance work done five months before.
FHC referred Carol to FHC Cooperating Attorney J. Mark Finnegan of Heberle & Finnegan who filed suit on her behalf. Now Carol has the ramp, a new roll-in shower, a $50,000 settlement, and freedom to come and go from her home. The case was assigned to Judge John Feikens of the us District Federal Court, eastern District of Michigan, southern Division.
Christina Bevins was eight months preg- nant with her first child when she contacted the FHC. she told FHC staff that the own- ers of Mick Apartments in Milan offered her an apartment and later turned her down because a baby would be living in the unit.
Testing, and a taped phone message, supported this claim. FHC Cooperating Attorneys Jonathan Weber and Jonathan Rose filed suit on behalf of Ms. Bevins in u.s. Federal District Court, the case was assigned to Judge Gerald e. Rosen.
Samadai Caldwell, a mother of two children, accepted $7,500 to settle her familial status claim against Beverly Bailey of Adrian. In March 2002 Ms. Caldwell tried to rent an apartment owned by Ms. Bailey, but said she was rejected because one of her children was two years old. According to Ms. Caldwell, Ms. Bailey said she had a policy of not renting the apartment to anyone with children under four years of age. FHC testing supported Ms. Caldwell’s claim of discrimination based on familial status. FHC cooperating attorney steven Tomkowiak filed the case in us District Federal Court, eastern District of Michigan, southern Division. The case was assigned to Judge Arthur J. Tarnow.
Pregnant with her first child, Pamela Russman told the FHC she was denied the right to look at an apartment because she was expecting a baby. Testing supported her claim of discrimination based on familial status. Filed by FHC Cooperating Attorney Denise M. Heberle of Heberle & Finnegan, the case was assigned to Judge Lawrence P. Zatkoff.
After living in the Fairway Trails Apartments for three months Harry Tyus asked if, instead of the first week of the month, he could pay his rent the third week after his social security disability check arrived. The former tow truck driver liked the location and convenience of the apartment but not the monthly $50 late fee on his rent. FHC staff made a written request for accommodation on behalf of Mr. Tyus. Instead of an accommodation, Mr. Tyus received an eviction notice. Legal services attorney Henry Wolfe responded to the eviction with fair hous- ing counter claims. In October 2004 Washtenaw County Judge John B. Collins ordered the complex to accommodate Mr. Tyus’ request, then the complex refused to re-new his lease forcing him to move to a less convenient location. FHC-southeast worked with Mr. Tyus to file a HuD complaint. HuD gave Mr. Tyus the option of taking his case to the Department of Justice. In May 2006 Judith Levy, Assistant us Attorney in Detroit filed suit claiming retaliation against Mr. Tyus. FHC cooperat- ing attorney J. Mark Finnegan represents Mr. Tyus. The case has been assigned to Judge John C. O’Meara of the us Federal District Court, eastern District of Michigan, southern Division.
Leslie Brown worked hard to secure the funding for the first month’s rent and security deposit on an apartment for her family. she was especially looking forward to moving her family into a home before Thanksgiving. On the day she was set to move in, Ms. Brown claims the landlord informed her that the original unit was unavailable. In her FHC complaint Ms. Brown described the alternative apartment as filthy to the point of being uninhabitable. According to Ms. Brown the landlord said the environment in the alternate apartment was one that “you people” should be used to. In addition to not having a place to live, Ms. Brown said the landlords refused to return the money for the rent and security deposit meaning that the family had nowhere to live through the win- ter. FHC testing supported Ms. Brown’s claim of discrimination based on race. FHC Cooperating Attorneys Jonathan Weber and Jonathan Rose are representing Ms. Brown in the case in the us District Federal Court, eastern District of Michigan, southern Division. The case has been assigned to Judge Denise Page Hood.
After twelve years of dedicated service, Lauretta Codrington has stepped down from the Fair Housing Center Board of Directors. Lauretta has been an active member of the Ypsilanti and Ann Arbor communities for years. We first met Loretta in 1991 when she and her husband, along with their three children were denied rental of a three bedroom house in Ypsilanti Township. The owner refused to take the Codringtons’ deposit, saying she didn’t want to rent to a family of five. The owner later agreed to rent the house to a white FHC tester saying she had a family of five. We appreciate all that Lauretta has done to help fight housing discrimination and wish her well.
The Fair Housing Center of southwest Michigan received funding from the Arcus Foundation for the Michigan Fair Housing Centers to test for housing discrimination based on sexual orientation. Kristen J. Cuhran coordinated the tests conducted by the Fair Housing Center of southeastern Michigan.
Very few complaints of housing discrimination based on sexual orientation are made to Michigan’s private fair housing centers but we did find evidence of discrimination in our testing. The kind of evidence found included differences in rental rates, differences in level of encouragement, charging two application fees for the same-sex couple but only one for the husband-wife team, and statements that might be considered sexual harassment.
Tiffany M. Caldwell joined the Fair Housing Center in January 2005 as the Coordinator of Investigations. In her first six months at the FHC, Tiffany’s work as a test coordinator led to two cases being ready for further action, with one case currently being prepared for litigation. Prior to joining the FHC staff, Tiffany completed all training required for Real estate professionals in the state of Michigan. Tiffany holds a BA from Albion College, and is working on a masters degree in organizational leadership.
With your help, the Fair Housing Center can turn stories of discrimination into stories of justice. The FHC is the only group in Washtenaw, Lenawee and Monroe counties providing testing services — often the only way to uncover evidence of housing discrimination. We need your support in providing inves- tigative services, advocacy, advice, conciliation, attorney referral and community education to all three counties. All donations are tax deductible.
We appreciate those of you who have already made a donation to the FHC this year. Will you consider making a special summer contribution? Any contribution, large or small, keeps the FHC working for equal housing opportunity. Thanks for your support!
When Rashawnda and Marcus Mackey, an African-American couple, were denied an apartment at Parkhill Apartments, Ms. Mackey was suspicious. She contacted the Fair Housing Center to report the denial. FHC staff were familiar with Parkhill Apartments. In 1997, FHC assist ed Pamela Thomas with a lawsuit against Parkhill. Her familial status case settled for $7,500. Both cases involved the same agent. ln response to the Mackey’s com plaint FHC Coordinator of Investigations Mary Bejian sent teams of African American and white testers to the Ypsilanti apartment complex. In late May 2001 a white tester was told about an apartment available for July 1, 2001, while the African-American tester was told that no units were available then or any time in the summer. Other tests also supported the Mackeys’ claim of race discrimination. The Mackeys’ decided on litigation and chose FHC Cooperating Attorney Steve Tomkowiak. Mr. Tomkowiak filed suit on behalf the Mackeys’ in Federal Court. The case was assigned to the Honorable Denise Page Hood. Testing for this case was funded by a contract with Washtenaw County.
The Ypsilanti Housing Commission will no longer use the “one strike” policy to evict women who have been victims of domestic violence. Aaronica Warren has accepted $3.000 and a change in policy to settle her fair housing claim against the Housing Commission.
“This is a significant event for survivors of domestic violence,” said Barbara Niess, Executive Director of the Domestic Violence Project SAFE House. “The ‘one strike’ policy punishes survivors for the criminal behavior of their abusive partners – which the survivor cannot control. The result can be that survivors who are being battered and abused will not call the police, for fear they will lose their home. We applaud Ms. Warren’s courage in challenging this policy, and we are grate ful that the Housing Commission agreed to change it.
The case began in March 2000 after Aaronica Warren contact ed the police to report an incidence of domestic violence by her former boyfriend. Two days later the Housing Commission sent her an eviction notice. Relying on HUD’s “one strike” policy, the Ypsilanti Housing Commission contended that Ms. Warren should be evicted because. according to her lease, a tenant “will be responsible for the household regardless of whether or not he or she was personally engaged in the prohibited criminal action on the premises.” When Ms. Warren decided to pursue fair housing litigation. the FHC referred her to the ACLU of Michigan. ACLU Cooperating Attorneys Debra McCulloch and William Thacker of Dykema Gossett filed the lawsuit in Federal District Court, alleging discrimination based on sex. The case was assigned to the Honorable Paul V. Gadola. Ms. Warren’s case was featured in a Detroit Metrotimes (April 24-30, 2002) cover story.
Marie Dukes has settled her disability discrimination lawsuit against the Fourmidable Group, owners of Carpenter Place Apartments. Mrs. Dukes, who has trouble walking, asked the management for a reserved parking space closer to the front entrance of the building. When they refused, Mrs. Dukes contacted the Fair Housing Center of Southeastern Michigan for assistance. Fair Housing Center staff wrote a letter to CarpenterPlace Apartments asking for the parking space as a reasonable accommodation of Mrs. Dukes’ disability. When the deadline for action passed, Mrs. Dukes was referred to FHC Cooperating Attorney. J. Mark Finnegan. for litigation. Mr. Finnegan filed suit on behalf of Mrs. Dukes in U.S. Federal District Court, and the case was assigned to Judge Patrick J. Duggan.
Mrs. Dukes told FHC staff that the complex provides an inadequate amount of handicapped parking. Once when she couldn’t find a space and parked where she could manage, Carpenter Place immediately had her car towed. Shortly after the litigation was flied, Mrs. Dukes received a reserved parking space and agreed to settle the Gase for $3,500. “I think it’s wonderful, it’s so much better,” said Ms. Duke about her new parking space.
Felton Luckett, an African-American man, told the FHC that he applied for an apartment at Town & Country Apartments on Car penter Road and had been accepted and signed a lease to begin January 1, 2001. When he called Town & Country to arrange to move in, he was told that the unit had been rented to someone else and that he would have to wait until February. When he called in early February, the manager told him that he had to wait tor his unit to be re-carpeted. Later Mr. Luckett was told that Town & Country decided not rent to him. Undercover testing supported Mr. Luckett’s race discrimination claim. Attorney Steven Tomko wiak filed suit on behalf of Mr. Tomkowiak in U.S. Federal District Court. The case is assigned to the Honorable Paul D. Borman.
Samadai Caldwell, a mother of two, contacted the FHC to report an apartment owner who didn’t want to rent to anyone with chitdren under tour years of age. Ms. Caldwell’s daughter was two at the time. Testing of the owner supported Ms. Caldwell’s claim of discrimination based on familial status. FHC Cooperating Attorney Steven Tomkowiak filed suit on behalf of Ms. Caldwell in U.S. Federal District Court. The case ís assigned to the Honorable Arthur J. Tarnow.
Christina Bevins was eight months pregnant with her first child when she contacted the FHC. She told FHC staff that the own ers of Mick Apartments in Milan offered her an apartment and later turned her down because a baby would be living in the unit. Testing supports this claim. FHC Cooperating Attorneys Jonathan Weber and Jonathan Rose filed suit on behalf of Ms. Caldwell in U.S. Federal District Court, the case is assigned to Judge Gerald E. Rosen. This is the first FHC-aided lawsuit from Monroe County.
We mourn the loss of our friend and colleague, Marvin Thomas, who passed away on February 17, 2004. For over twenty years MaN was the Coordinator of Testing and Investigations for the Fair Housing Center of Metropolitan Detroit. I had the privilege of working with MaN for three years. He was a great teacher who led by example. He quietly got the job done– assigning tests, finding evidence, moving on to the next complaint. MaN loved his work, he found depositions and being a witness in court interesting (even fun) and he passed his enthusiasm on. It is hard to believe that Marv isn’t just a phone call away with advice on testing strategy. We send our condolences to Marv’s wife Jackie, the family, and the staff of FHC- Detroit. -Pam Kisch
Lenawee County Sheriff Larry Richardson joined the FHC-Southeast Board of Directors earlier this year.As former President of the NAACP-Lenawee County Branch, Sheriff Richardson worked closely with the Fair Housing Center on NAACP v AdrianManor. This race discrimination case originated from a white couple who came forward to report comments by their landlord favoring white tenants. Testing supported the claim and the NAACP-Lenawee County Branch enthusiastically agreed act as the plaintiff. The case settled for an undisclosed amount. Before being elected Sheriff of Lenawee County, Larry Richardson spent over thirty years as a police officer for the City of Adrian. Hired in 1968, he was the first African American police officer to be hired by the City. As we work to increase our visibility in Lenawee County, we are very fortunate to haveSheriffRichardson on our Board of Directors.
Two men, Shannon Moody and Robert Stowe, accepted $20,000 to settle their sex discrimination suit against Roland and Joan Frey of Ann Arbor. According to the suit, Roland and Joan Frey refused to rent their Potter Street apartment to two men. Moody and Stowe contacted the Fair Housing Center to report the incident. Male and female testers were used to support the claim of discrimination based on gender. Testing for this complaint was funded by a con- tract with Washtenaw County.
Stowe and Moody initially asked FHC staff to resolve the case without litigation. The Frey’s, through their attorney, offered the men $100.00 to settle the case. “At that point we realized we had to go to court,“ said Shannon Moody. Filed in Federal District Court, by Fair Housing Center Cooperating Attorney Steve Tomkowiak, the case was assigned to Judge George Caram Steeh. This is the first time the Fair Housing Center has aided men in a claim of sex discrimination under the Federal Fair Housing Act.
Stacey Chapman accepted $9,500 to settle her familial status litigation against David Latham. Mrs. Chapman said her family was denied the rental of a duplex apartment in Milan, Michigan because her then fourteen-year-old son would be living in the apartment. According to the suit David Latham, owner of the apartment, advised the Chapmans that he would not be interested in renting to a family with a teenaged child. FHC Cooperating Attorney Gayle Rosen filed a familial status suit on behalf of Stacey Chapman. FHC testing supported the Chapman’s claim of discrimination based on familial status. Testing was funded by the U.S. Department of Housing Urban Development. Filed in Federal District Court, the case was assigned to Judge John Corbett O’Meara.
Paul P. Harbrecht, Il has accepted $2,500 and an intercom amplifier to settle his disability discrimination lawsuit against the Ann Arbor Housing Commission. Harbrecht, who suffers from hearing loss, first requested an amplifier for the doorbell/intercom system at his apartment at Baker Commons over three years ago. Harbrecht, who lives on the 3rd floor of Baker Commons, needed the amplifier to hear the buzzer at the front door. The amplifier also allows Mr. Harbrecht to communicate through the intercom system to screen guests.
Harbrecht’s requests were initially ignored. The Commission later insisted that Harbrecht accept a lighted doorbell typically used by those with no ability to hear. ”I wanted to use the hearing I have. With the lighted bell I would have to go downstairs to see was there before I let them in. Tenants without hearing impairments don’t have to do that,” Harbrecht told FHC sor
Letters to the Ann Arbor Housing Commission from both Harbrecht and the Fair Housing Center requesting a reasonable accommodation did not result in the installation of an amplification system. FHC Cooperating Attorney Ericka Jackson of Sommers, Schwartz, Silver and Schwartz filed suit on behalf of Harbrecht. Ms. Jackson was assisted by Attorney David Greco. Filed in Washtenaw County Circuit Court, the case was assigned to Judge David S. Swartz.
Su-Juan Robeson accepted a $2,500 mediation award to settle her disability complaint against The Meadows. Ms. Robeson, who is disabled, needed a railing along the three steps up to her front door and a parking space near her unit. A letter requesting reasonable accommodation was sent by FHC staff. The Meadows responded by erecting a rickety, splintering railing and denying her request fora handicapped parking space. Cooperating Attorney Eric M. Spector filed suit on behalf of Ms. Roberson in Washtenaw County Circuit Court, the case was assigned to Judge Melinda Morris. The lawsuit claims violations of the Michigan Persons with Disabilities Civil rights Act.
The Ann Arbor center for Independent Living and The Ability Center of Greater Toledo accepted $26,000 to settle their disability discrimination lawsuit against Coral Ridge Apartments in Monroe, Michigan. The suit alleges violations of the Federal Fair Housing Amendments of 1989. Both plaintiffs are non-profit disability advocacy groups. The Ann Arbor Center for Independent Living has an office in Monroe. According to the Fair Housing Act, all multi-family housing built for first occupancy after March 13, 1991, must adhere to seven design requirements regarding wheelchair accessibility for ground floor units. The only access to the common areas of the buildings are staircases with five or six steps. The groups were represented by Stephen M. Dane and Dusty R. Tinsely of Cooper and Walinski.
Edward Salowitz filed a disability discrimination lawsuit against Ann Arbor Realty and the Weatherstone Condominium Association. Earlier this year the Condominium Association began fining Mr. Salowitz, who has Multiple Sclerosis, for park- ing in the handicapped parking space nearest his unit. Mr. Salowitz has used this parking space since 1998. Mr. Salowitz asked Ann Arbor Realty and the Condominium Association permission to use this parking space as a reasonable accommodation of his disability. When they refused, Mr. Salowitz contacted the FHC for assistance. When the fines continued, FHC referred Mr. Salowitz to Cooperating Attorney, Steve Tomkowiak for litigation. Mr. Tomkowiak filed suit on behalf of Edward Salowitz and his wife Susan in U.S. Federal District Court, the case is assigned to Judge John Corbett O’Meara. “I look forward to going to trial,“ Edward Salowitz told the Fair Housing Center.
When Rashawnda and Marcus Mackey, an African-American couple, were denied an apartment at Parkhill Apartments, Ms. Mackey was suspicious. She contacted the Fair Housing Center to report the denial. FHC Coordinator of Investigations Mary Bejian sent teams of African American and white testers to the Ypsilanti apartment complex. When the testing supported Ms. Mackey’s claim of race discrimination, FHC staff met with the Mackey’s to discuss their next step. They decided on litigation and chose FHC Cooperating Attorney Steve Tomkowiak. Mr. Tomkowiak filed suit on behalf the Mackey’s in U.S. Federal District Court, the case is assigned to Judge Denise Page Hood. In 1997 FHC assisted Pamela Thomas with a lawsuit against Parkhill Apartments. Her familial status case settled for $7,500.
Soon after Aaronica Warren contacted the police to report an incidence of domestic violence by her former boyfriend, her landlord sent her an eviction notice. Focusing on a HUD one- strike policy, the Ypsilanti Housing Commission contended that Ms. Warren should be evicted because, according to her lease, a tenant “will be responsible for the household regardless of whether or not he or she was personally engaged in the pro- hibited . criminal action on the premises.“ When Ms. Warren decided to pursue fair housing litigation she was referred to Cooperating Attorneys Debra McCulloch and William Thacker of Dykema Gossett through the ACLU of Michigan.
The lawsuit, filed in Federal District Court, alleges discrimination based on sex, and asks that the Housing Commission be prohibited from evicting tenants because they are the victims of domestic violence. Ms. Warren’s case was featured in a Detroit Metro Times (April 24-30, 2002) cover story.
Help Us Expand Our Services. With your help, the Fair Housing Center can turn stories of discrimination into stories of justice. The FHC is the only group in Washtenaw, Lenawee or Monroe County providing testing services—often the only to uncover evidence of housing discrimination. We need your support in providing investigative services, advocacy, advice, conciliation, attorney referral and community education to all three counties. Al donations are tax deductible.
Make a Special End-of-Year Gift. We deeply appreciate those of you who have already made a donation to the FHC this year. Will you consider making a special end-of-year contribution? Any contribution, big or small, keeps the FHC working for equal housing opportunity. Just clip and mail the form on page 3 in the envelope provided. And thanks for your support!
New name, new logo, new turf. Now in our second decade, we’ve expanded our service area and changed our name. Our new area covers Lenawee County and Monroe County along with Washtenaw County, and we changed our name to Fair Housing Center of Southeastern Michigan. Outreach to Lenawee County is going well: in the first. half of 2002, 14% of our complaints came from places like Adrian, Tecumseh and Blissfield. In previous years only 2-3% of complaints came from Lenawee County. This supports what we already knew: A little outreach goes along way.
On October 23, the Fair Housing Center of Washtenaw County announced the settlement of a civil action for sexual harassment, Coates et. al. v Myers et. al. The case began with a few women meeting with Fair Housing Center staff and ended with a pre-trial settlement that provided requested injunctive relief and the payment of $166,200 in dam ages to six women plaintiffs. This represents the largest FHC-assisted settlement in the organization’s eight-year history.
In addition to the monetary settlement, the consent decree permanently bars Raymond Scott Myers a.k.a. Scott Myers from direct personal contact with any woman or other protected person in the course of a housing transaction. Through this court order, the women have accomplished their goal of preventing Myers from using his rental business as a means of victimizing future tenants. Additionally, Myers’ parents, who were co-owners of the property, are permanently prohibited from funding or other wise participating in any rental business or other housing transaction where their son might have access to the premises or personal contact with female renters or buyers.
Each of the plaintiffs lived briefly at the Ypsilanti Township boarding house owned by Raymond Scott Myers and his parents at differ ent times during 1998 and 1999. Each moved out because of Myers’ sexually threatening behavior. A small group of women initially contacted the FHC for assistance in 1998. While the investigation was underway, other women con tacted the FHC and eventually joined the original plaintiffs in bringing this lawsuit.
According to the lawsuit filed in May 1999, Myers’ discriminatory behavior included: making unwelcome sexual advances to tenants; touching tenants in an unwelcome, sexually suggestive manner; placing sex devices in tenants’ rooms and common areas of the house; viewing and storing pornographic material in the common area of the house; entering and attempting to enter the bathroom when in use by tenants; and performing sexual acts in tenants’ bed room and bathrooms during their absence. The Myers family has since sold the house at 321 N. Hewitt Road.
Fair Housing Center of Washtenaw County Cooperating Attorney Henry Stancato of Stancato & Tragge filed the lawsuit in United States District Court on behalf of the women. The case was assigned to Judge Gerald E. Rosen.
Ann Arbor’s Fountain Church of God in Christ has accepted $35,000 to settle their race discrimination suit against Scio Township, the Scio Township Planning Commission and the Scio Township Board of Trustees.
In late 1994, Fountain Church of God in Christ, an African American church, attempted to purchase land zoned A-1 (agricultural) and have a conditional use permit issued in order to build a new church at the corner of West Delhi and Miller Roads. In February 1995, on a 4-3 vote, and against the advice of their planning consultant, the Planning Commission denied the conditional use permit to Fountain COGIC. This decision was upheld by the Scio Township Board of Trustees. An investigation conducted by the FHC found that Fountain Church was at that time the only house of worship to be denied a conditional use permit by the Scio Township Planning Commission since 1978.
The Planning Commission cited “incompatibility” with the surrounding neighborhood as its reason for denial of the conditional use permit. However, land use expert, Charles Leman of Villican-Leman, wrote in his land-use analysis that “lt is our opinion the Fountain Church site is suitable for a church … Of the six church sites which have been approved, a number exhibit many of the same characteristics as the Fountain Church site… adequate site size exists to provide a harmonious relationship through proper landscaping and screen ing of the church property.”
The Church Board of Deacons believed they were denied a special conditional use permit because of the race of the church membership. Church member and realtor Mrs. Alvin Rimson claimed to have lost the commission associated with the sale of the land, a commission that she planned to donate to the church. Mrs. Rimson contacted the FHC in 1995. Fountain COGIC was then located on Fountain Street in Ann Arbor, Michigan. Having outgrown their building, the church was looking for new space. After being denied the conditional use permit by Scio Township, they subsequent ly found a larger building on West Stadium in Ann Arbor near Pioneer High School.
According to Township documents, the Township’s own planning consultant held that the tangible issues were resolvable, and believed that the church could be compatible with the zoning and neighborhood. Severa lother churches approved by the Township were asked to address problems related to landscaping, noise, traffic, and drainage.
FHC Cooperating Attorney Benjamin Whitfield, Jr. filed suit on behalf of Fountain Church of God in Christ in Federal District Court. The suit alleged violations of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, the Civil Rights Acts of 1866 and 1871, and the Michigan Elliott-Larsen Civil Rights Act. The case was assigned to Judge Avern L. Cohn.
Wilson White Company will now take student loans into account when calculating the income of prospective tenants. They also agreed to pay Jamie Ewen $1,500 to settle her suit against the company. Ewen sued Wilson White for discrimination based on source of income and educational association under the City of Ann Arbor Human Rights Ordinance.
Ms. Ewen was denied the rental of an apartment at 1025 Arbordale in Ann Arbor after Wilson White refused to include her student loan when determining her income. At the time Ms. Ewen was a full time student at the University of Michigan and employed on a part-time basis.
The FHC investigation confirmed that Wilson White’s income requirements differed for their “campus units” compared to the Arbordale apartments. According to the lawsuit, Wilson White’s “knows and intends that its policies serve to steer full-time University of Michigan students to the on-campus properties, and to preserve the off campus properties for persons who are employed full-time.”
Cooperating Attorney Nicholas Roumel of the University of Michigan Student Legal Services filed suit on behalf of Jamie Ewen. Filed in 15th District Court, the case was assigned to JudgeJulie Creal Goodridge.
The Washtenaw Association for Community Advocacy (YIACA) and the Fair Housing Center of Washtenaw County (FHQ have accepted $15,000 to settle a lawsuit against Oakridge Apartments in Ypsilanti Township. The suit, which also individually named developers Julie A. Fielek and Charles Chatfield, engineer John W. Adams, and architect Joseph E. Sojkowski, alleged violations of the Federal Fair Housing Amendments Act of 1989.
The terms of the agreement include a commitment by the developers to, at the request of tenants, retrofit each of their first-floor units for wheelchair access. An FHC investigation conducted while Oakridge was still under construction revealed that the Holmes Road complex had a two-inch threshold leading into ground floor apartments and the leasing office, and insufficient space/design in the bathrooms and doorways.
According to the Fair Housing Act, all multi-family housing built for first occupancy after March 13, 1991, must adhere to seven design requirements regarding wheelchair accessibility for ground floor units and units on other floors reachable by elevator.
The Fair Housing Act establishes the following seven requirements:
The Washtenaw Association for Community Advocacy is non-profit advocacy group for people with disabilities and their families. The suit was filed after meetings with Oakridge failed to resolve the complaint. WACA and FHC were represented by Paul A. Callam of Cooper & Walinski. The case was assigned to Judge Patrick J. Duggan.
Sean Herring told the FHC he was refused an apartment reserved for “graduate students only.” The University of Michigan undergraduate contacted the FHC for an investigation of age dis crimination. The apartment, at 817 Arch Street, was listed in the University Off Campus Housing List. FHC testing found that Kenneth and Margaret Ludwig were willing to show the apartment to older undergraduates (in their 30’s and older) while undergraduates in their 20’s Were told about the graduate-student policy and were not invited to see the unit. Fair Housing Center Cooperating Attorney Janet E. Hales of Cooper & Walinski filed suit on behalf of Herring. Filed in Washtenaw County Circuit Court, the case is assigned to Judge Melinda Morris. With the help of FHC staff, Herring attempted to settle the com plaint without litigation. These attempts were unsuccessful.
In litigation out of the Fair Housing Center of Metropolitan Detroit, Federal District Court Judge Avern L Cohn has denied Flagstar Bank’s motions for a new trial or a reduction in the amount of a $700,000 jury award in this mortgage lending race discrimination lawsuit. Judge Cohn fully upheld the jury award plus attorney’s fees, which bring the total to over a million dollars. In a recently-published decision, Judge Cohn found that “There is no good reason to set aside the jury’s verdict. There is no good reason to require a retrial. There is no good reason to reduce the jury’s verdict.” Judge Cohn prepared a chart, comparing compensatory and punitive damage awards in twenty-five other housing discrimination lawsuits (as identified by the plaintiffs, the defendants, or by the court) and concluded that the compensatory damages and the punitive award in this case were not out of line with prior case awards and/or settlements. Appeals briefs have now been filed by both sides and the plaintiffs and defendants are waiting for the 6th Circuit to respond. There is another piece of this case, dealing with housing appraisals, that is still moving toward trial. FHC-Detroit Cooperating Attorney Stephen Tomkowiak, with the assistance of Cooperating Attorney Albert M. Stanton, are representing the plaintiffs in this matter.
With your help, the Fair Housing Center can turn stories of discrimination into stories of justice. The FHC is the only group in Washtenaw County that provides testing services – often the only way to uncover evidence of illegal housing discrimination. All donations are tax deductible.
Become a New Member Join the FHC by December 31, 2000 and have $10 added to your contribution by an anonymous donor.
Renew Your Membership Whether you gave last year of five years ago, you remain an important part of the fight against housing discrimination. We need you.
Make a Special End-of-Year Gift We deeply appreciate those of you who already made a donation to the FHC this year. Will you consider making a special end-of-year contribution?
Any contribution, big or small, keeps FHC working for equal housing opportunity. Just clip and mail the form below in the envelope provided. Thanks for your support.
On October 26, 2000, at the Washtenaw County Bar Association’s Bias Awareness Dinner, the Fair Housing Center received the Bar Association’s Martin Luther King, Jr. “I Have A Dream” Award. Lisa Ruby, an attorney with the Michigan PovertyLawProgram and co-chair of the Bar Association’s Race, Ethnic, and Gender Bias Awareness Committee presented the award for the FHCs work against discrimination.
Reverend Emmett L. Green, who recently retired as the pastor for Second Baptist Church, received the Frederick Douglass Racial Justice and Harmony Award from the Vanzetti M. Hamilton Bar Association.
Theodore M. Shaw, Legal Director of the NAACP Legal Defense and Education Fund and former FHC-Washtenaw board member, spoke on the subject of the affirmative action lawsuits against the University of Michigan. The Bias Awareness Dinner is co-sponsored by the Washtenaw Bar Association and the Vanzetti M. Hamilton Bar Association.
The Fair Housing Center of Washtenaw County has elected a new president of the Board of Directors. Kim M. Moore is a local attorney in private practice who has been on the Fair Housing Center Board since 1998. Kim is particularly interested in increasing the Fair Housing Center’s visibility in the community. Ann Routt and Paul Haynes were re-elected to three-year board terms. Delphia Simpson was also elected. Delphia is an attorney with the Michigan Poverty Law Program. She specializesin family law. Congratulations to board member Dyann Logwood on her August 2000 marriage to Bryan Young.
After eight years, Verna Spayth is stepping down as Board President. We credit Verna for facilitating FHC coalitions with the disability rights community, contacts that helped the FHC win some significant victories in housing access and accessibility. We wish Verna the best and trust she will stay in touch.
Long-time board member Ray Chauncey has decided not to run for another term. Ray’s expertise and policy input has been invaluable to the growth of the Fair Housing Center. We hope we can continue to call on Ray for support and advice.
Legislative Fair Housing Updates in the State of Michigan In recent months, Michigan has seen significant updates to its fair housing laws, including amendments to the Elliott-Larsen Civil Rights Act (ELCRA) and progress on source of income antidiscrimination bills. ELCRA Amendments: Expanded Protections Now in Effect This year, amendments to the ELCRA have broadened the […]
Breakfast Event Celebrates Fair Housing Advancements and Challenges Our keynote speaker was John Reiman, the founder and managing partner of civil rights law firm Reiman Colfax. For more than 30 years, he has represented individual plaintiffs, cities, and civil rights organizations in many of the country’s most important civil rights cases and pioneered groundbreaking fair […]
FHC Expands to Meet Community Needs The Fair Housing Center of Southeast & Mid Michigan’s staff is growing thanks to new grants from the Michigan State Housing Development Authority (MSHDA), the United Way of Washtenaw County, and the Washtenaw County Office of Community & Economic Development’s New Human Services Partnership. With complaints to our office […]
FHC Files Four Lawsuits Based on Criminal Background and Race The Fair Housing Center has been working on issues related to criminal background and housing for several years now. In our 2014 newsletter we wrote about the nexus between race (particularly Black and Latino) and incarceration rates, and how that translated into housing inequities. Policies […]
Need for Fair Housing Continues to Rise Yoder, FHC v. McDonell New Sexual Harassment Lawsuit Sarah Yoder contacted the Fair Housing Center in August 2018 to file a sexual harassment complaint against Ryan McDonell. Ms. Yoder says she was asked to do a striptease in exchange for negotiating a lower rent. Ms. Yoder, a 39-year-old […]
New Fair Housing Lawsuit Filed Against MSU Sorority Kayla Hicks is suing Alpha Omicron Pi (AOII) for denying her the right to live in her sorority with an emotional support animal (ESA) while she was a student at Michigan State University. According to the complaint taken by the Fair Housing Center in the fall of […]
Tankson v Randolph Court FHC Settles Case for Wheelchair User Forced to Crawl into Home The Fair Housing Center of Southeast & Mid Michigan has assisted in the settlement of a housing discrimination lawsuit against Group Five Management Company and TG Properties LLC, the owners of Randolph Court Apartments in Ann Arbor. Sarah Tankson, who […]
No Section 8? No Way! FHC Challenges Discriminatory Zoning Code The Fair Housing Center filed a complaint with the United States Department of Housing and Urban Development (HUD) against Ypsilanti Township regarding the planned 398-unit Majestic Lakes subdivision. As a condition of the sale of the land to a developer, the Ypsilanti Township Board of […]
Scott v Swan Creek Paula Scott accepted a non-disclosed settlement to resolve her lawsuit against Swan Creek Mobile Home Community in Ypsilanti Township. In April 2014, the FHC took a complaint from Paula Scott. Ms. Scott was referred to the Fair Housing Center by Legal Services of South Central Michigan (LSSCM). Ms. Scott reported that […]
Case Updates $20,000 to Monroe Mom Discrimination Against Families with Kids Case Settles Cicily Pippens of Monroe has settled her housing discrimination lawsuit against landlord Mildred Trkula for $20,000, with assistance from the Fair Housing Center of Southeastern Michigan. Ms. Pippens contacted the Fair Housing Center in January 2013 to report that the agent at […]
Discrimination against Kids A new fair housing case heads to Federal Court Cicily Pippens contacted the Fair Housing Center to report that the agent at a West Eighth Street property, in the City of Monroe, took a rental application out of her hands after the agent learned that Ms. Pippens has two children. The FHC […]
Dear Friends, This year marks our 20th Anniversary! The Fair Housing Center of Metropolitan Detroit helped us get started in 1992 with a $20,000 grant from HUD. The Fair Housing Center of Washtenaw County officially opened for business on February 17, 1992. In 2002, we changed our name to the Fair Housing Center of Southeastern […]
Disability Advocacy a Top Priority for FHC Darrian Has Room to Play Reasonable modification Darrian Shaffer is a 35-month-old toddler who suffered from HSV Encephalitis, an illness that left him with a significant amount of brain damage. He is at the cognitive level of a 6-9 month old. Darrian’s disability impedes his understanding of language- […]
Lowrey & FHC v. Uptown in Canton Apartments Apartment Complex to Renovate 97 Units Largest-ever FHC settlement award; plaintiffs accept $272,500 In a landmark settlement, the Fair Housing Center of Southeastern Michigan has negotiated an agreement which will require the Uptown in Canton Apartments complex to renovate 97 first-floor units, in order to fully comply […]
Thanks to a new grant, the Fair Housing Center of Southeastern Michigan (FHC) now provides services in Ingham, Jackson and Livingston counties. The 3-year grant funded under the HUD Fair Housing Initiatives Program – Performance Based Funding Component (FHIP-PBFC) allows us to formally expand our enforcement area. We started by hiring Jasmine Cooper, our new […]
Tyus v Fairway Trails Tyus case pushes FHC over $1,000,000 mark When Harry Tyus accepted $50,000 to settle his claim against Fairway Trails Apartments, FHC aided settlements went over the $1,000,000 mark. The Tyus v Fairway Trails victory was a group effort involving the Fair Housing Center, Legal Services of South Central Michigan, Washtenaw County […]
Frye v Keystone Management Group / Parkway Meadows Apartments $50,000 for Parkway Meadows TenantAnn Arbor Carol Frye asked the management of her complex for permission to install a ramp and roll-in shower at her own expense. “Your requests are denied” said the letter from Keystone. The management company said neither of the requests was possible. […]
Mackey v Parkhill Apartments $11,500 Settles Race Discrimination Suit, Same Complex Sued in 1997 When Rashawnda and Marcus Mackey, an African-American couple, were denied an apartment at Parkhill Apartments, Ms. Mackey was suspicious. She contacted the Fair Housing Center to report the denial. FHC staff were familiar with Parkhill Apartments. In 1997, FHC assist ed […]
Moody and Stowe v Frey $20,000 Settles Gender Discrimination Case Two men, Shannon Moody and Robert Stowe, accepted $20,000 to settle their sex discrimination suit against Roland and Joan Frey of Ann Arbor. According to the suit, Roland and Joan Frey refused to rent their Potter Street apartment to two men. Moody and Stowe contacted […]
Coates et. al. v Myers et. al. $166,200 Settles Sex Harassment Suit On October 23, the Fair Housing Center of Washtenaw County announced the settlement of a civil action for sexual harassment, Coates et. al. v Myers et. al. The case began with a few women meeting with Fair Housing Center staff and ended with […]
Coates et. al. v Myer Sexual Harassment/Race Discrimination Suit Filed They all answered the same ad: “FEMALE NEEDED. Elegant home, near WCC. Jacuzzi, laundry, $280+. 572-0724.” and now, Rachel Coates, Amanda Coffin, Erin Cuniffe, Cynthia Moening, Dawn Ottinger and Sarah Ruggles have filed a sexual harassment lawsuit against their former landlords, Raymond Scott Myers and […]
Thomas v Parkhill Pamela Thomas has accepted $7,500 to settle her housing discrimination claim against Parkhill Apartments. According to the suit filed in February of 1997, Ms. Thomas was denied the rental of an apartment at 1932 Washtenaw Ave. in Ypsilanti because she has children and children were prohibited from occupying apartments on all but […]
Patterson v The Pines Is Settled: GO DEB! Deborah Patterson has at last settled her disability discrimination claim against The Pines of Cloverlane apartment complex for an undisclosed amount. Patterson’s initial request for modification to the door and sidewalk outside her building came in late 1994. Final work on the sidewalk wasn’t completed until the […]
Tankson v Arbor Apartments Race and Disability Bias Suit Settled Sarah Tankson has accepted $5,000 to settle her suit against Thomas Robert Allmand, owner of Arbor Apartments. Tankson sued Allmand in 19951 claiming discrimination based on disability and race. Arbor Apartments are located at 3310 Packard at Fernwood. According to the suit, Arbor Apartments’ agents […]
Lewis v Williamsburg Village Apartments $32,500 Settles Race Discrimination Case Sharon Lewis and Tyrone Tillison have accepted $32,500 to settle a race discrimination suit against Williamsburg Village Apartments in Lyon Township, Michigan. In April, 1995 Lewis, a white woman, contacted Fair Housing Center Cooperating Attorney Michael J. Steinberg about her housing discrimination claim. Steinberg referred […]
Brannan v The Fourmidable Group $10,000 Settles Disability Suit When a water pipe burst in Phyllis Brannan’s apartment she asked the manager at Pine Valley Apartments to repair the damage one room at a time to accommodate her disability. They refused and Brannan, who had lived at Pine Valley for twenty-one years, was forced to […]
Battistone v Johnson Disability Case Settles Janine Battistone has settled her case against landlord David Johnson. The details of the settlement are undisclosed. Battistone sued Johnson claiming he violated the Michigan Handicappers’ Civil Rights Act by refusing to rent his first floor apartment to Battistone and her family because ten-year old Laura Battistone uses a […]
Faulk v Maes In the fall of 1994Stacey Faulk accepted an undisclosed amount to settle her housing discrimination claim against Barbara Maes. According to the suit Ms. Faulk was denied the rental of an apartment at 943 W. Cross in Ypsilanti near the Eastern Michigan University campus because she has a baby. Testing by the […]
The Fair Housing Center of Washtenaw County will hold our Third Annual Meeting for members on Tuesday, October 25, 1994 at the First Methodist Church located at 602 E. Huron at State St. in Ann Arbor. The meeting will begin at 5:30 p.m. with a light buffet dinner. After the meeting and election of new […]
Hawkins v Maplewood FHC Settles New Familial Status Case Tashie Hawkins settled her housing discrimination suit against Maplewood Apartments in March of 1994. The amount of the settlement is undisclosed, but includes funds for a down payment available for Hawkins to purchase a home. “I feel much better now that Maplewood has been penalized for […]