The Fair Housing Center (FHC) will host its 8th Annual Fair Housing Breakfast on October 21st at Weber’s Inn. Funds raised from this event go directly toward ending housing discrimination and expanding equal housing opportunities, making our community more open, accessible, and inclusive for all.
All are welcome to attend this event, which brings together housing professionals, advocates, educators, government officials, and other community members from across our 10-county service area. The space is wheelchair accessible and interpretation services are available. At this time the FHC will require all attendees to be fully vaccinated, and will reevaluate health and safety measures closer to the date of the event.
The FHC is pleased to announce Robert G. Schwemm will be the guest speaker. Professor Schwemm’s fair housing writings include the leading treatise in the field, Housing Discrimination: Law and Litigation, and numerous articles in leading law reviews throughout the country. He has been plaintiff’s counsel in many significant housing discrimination cases, including three in the U.S. Supreme Court. Professor Schwemm is the Ashland-Spears Distinguished Research Professor Emeritus at the University of Kentucky College of Law. Prior to becoming a law professor, he practiced with Sidley & Austin in Washington, D.C., and then served as chief trial counsel for the Leadership Council for Metropolitan Open Communities in Chicago.
Many of his articles are available at: http://works.bepress.com/robert_schwemm
Tickets must be purchased in advance; the cost is $50 for members of the FHC, $75 for non-members. Table discounts available. Details at www.fhcmichigan.org/breakfast or directly on Ticket Tailor.
For more information on the Fair Housing Center of Southeast & Mid Michigan, visit their website here.
This event is made possible thanks to the generosity of its Sponsors. To see a list of all Breakfast sponsors, please visit www.fhcmichigan.org/breakfast
Interested in sponsorship? Contact Kristen at kcuhran@fhcmichigan.org or view the Sponsorship Invitation.
The Fair Housing Center of Southeast & Mid Michigan (FHC) applauds recent statements by the Biden adminstration that emphasize the importance they will put on supporting efforts that combat housing discrimination and redress the inequities, particularly for African Americans, resulting from this country’s history of racist housing policies. With more support from the Federal government, FHC hopes it will be able to accomplish even more locally.
On January 26, President Biden signed an Executive Order entitled “Memorandum on Redressing Our Nation’s and the Federal Government’s History of Discriminatory Housing Practices and Policies.” This was followed, on January 28, by a statement from Acting Secretary of Housing and Urban Development (HUD), Matthew E. Ammon, that said, among other things, that “racially discriminatory housing practices and policies have kept communities of color from accessing safe, high-quality housing and the chance to build wealth that comes through homeownership. To this day, people of color disproportionately bear the burdens of homelessness, pollution, climate-related housing instability, and economic inequality because of deliberate and systemic efforts to deny them fair and equal access to housing opportunity.” .
The FHC, a nonprofit organization, offers free investigative services, testing, advice, advocacy, conciliation, attorney referral, and community education in Clinton, Eaton, Hillsdale, Ingham, Jackson, Lenawee, Livingston, Monroe, Shiawassee, and Washtenaw Counties. “Secretary Ammon’s statement on the importance of implementing President Biden’s Executive Order is a significant change,” said Ann Routt, FHC Board Member. “FHC has always worked to educate the community about the effects of racist housing policies, by exposing and eliminating ongoing housing discrimination. We look forward to partnering with the new administration with this strengthened focus.”
An important policy change, highlighted in the statements, is a return to a stronger standard for eliminating discriminatory policies. An Obama-era change called the Affirmatively Furthering Fair Housing Rule took aim at policies that had the effect of exacerbating discrimination, even if the language in them was neutral. Under the Trump Administration, HUD stepped away from this Rule.
“We look forward to seeing how the Administration works towards fully realizing the breadth and scope of the Fair Housing Act,” added FHC Director Pam Kisch. “And we hope the Affirmatively Furthering Fair Housing Rule can be brought back to its original 2014 intent so that we can better serve the people in our ten-county area.”
Civil rights organizations also issued a press statement commending the Biden-Harris administration for advancing fair housing and racial equity. Lisa Rice, President and CEO of the National Fair Housing Alliance, wrote “We look forward… to working with the new administration to ensure that housing discrimination is eliminated from our society and that every person has decent, stable, affordable housing in well-resourced communities.”
“President Biden’s executive order is a vital step toward redressing the federal government’s legacy of housing discrimination and securing equal access to housing opportunity for all.
“Racially discriminatory housing practices and policies have kept communities of color from accessing safe, high-quality housing and the chance to build wealth that comes through homeownership. To this day, people of color disproportionately bear the burdens of homelessness, pollution, climate-related housing instability, and economic inequality because of deliberate and systemic efforts to deny them fair and equal access to housing opportunity.
“Only by recognizing and acknowledging our nation’s history of housing discrimination can we begin to lift the barriers to safe, accessible, and affordable housing. With this executive order, President Biden is taking meaningful action to advance racial equity in housing and expand opportunity for all. HUD looks forward to working closely with the President and his administration to expand equitable access to housing for millions of Americans.”
The Ann Arbor Area Board of REALTORS® (AAABoR) is partnering with the Fair Housing Center to support the 2021 REALTORS® For Fair Housing Campaign.
“We are asking local REALTORS® to publically pledge their support for the letter and the spirit of fair housing law,” said Tom Renkert, Chief Executive Officer, Ann Arbor Area Board of REALTORS®. “We understand what an important role REALTORS® have in ending discrimination, and we stand by our Code of Ethics and committment to diverse communities.”
Interested REALTORS® can visit this link to read more about the campaign and take a stand against discrimination in housing.
Funds raised from this investment go to supporting the Fair Housing Center’s mission to end discrimination in housing and public accommodations and to promote accessible, integrated communities.
This April, the nation will be celebrating the 52nd Anniversary of the Fair Housing Act. This landmark civil rights legislation was the result of years of individual and collective struggle against discrimination in sales, rental, financing and other housing-related transactions. The Act now protects the buyer or renter of a dwelling from discrimination based on race, color, religion, national origin, sex, disability, and familial status.
The Fair Housing Center of Southeast & Mid Michigan, founded in 1992, actively protects the civil rights of those who are discriminated against in the rental, sale, or financing of housing through investigation, education, advocacy, and legal action. The FHC takes an average of 170 complaints each year from its ten-county service area – Clinton, Eaton, Hillsdale,Ingham, Jackson, Lenawee, Livingston, Monroe, Shiawassee, and Washtenaw counties. Our mission is to end discrimination in housing and public accommodations and to promote accessible, integrated communities.
On December 2, 2020, the AAABoR Board of Directors approved funding the campaign with a $2,000.00 contribution, as well as highlighting the Fair Housing Center for the first quarter of 2021.
The Ann Arbor Area Board of Realtors® is the Trade Association for the Washtenaw County, Michigan REALTORS®. Established in 1919, the Ann Arbor Area Board of Realtors® has grown from 20 REALTOR® members to over 1,000 REALTORS® and Affiliate members today. The mission of the Ann Arbor Area Board of Realtors® is to strengthen our REALTOR® community through advocacy, collaboration, education, innovation and civic engagement.
An interracial couple has filed a federal lawsuit against Livingston County real estate agents and brokerages alleging violations of the Fair Housing Act and other state and federal civil rights laws. The plaintiffs are Julie and Verdell Franklin. Mr. Franklin is an African American man and his wife, Julie, is a white woman born and raised in Ireland.
Their lawsuit claims they were misled, misinformed, and illegally prevented from making an offer to purchase a home in Livingston County because of race.
Filed in the U.S. District Court for the Eastern District of Michigan, the complaint names Richard “Rick” Beaudin and Mary Kay Ikens as co-defendants. They are both licensed real estate agents working in Livingston County. RE/MAX Platinum and KW Realty Livingston, both Livingston County real estate firms, are also named as defendants in the lawsuit.
Beaudin is a well-known community booster in Pinckney and the surrounding area. He maintains an active Facebook page on which Beaudin refers to himself as “The Pinckney Pirate.” According to published media reports, Beaudin was fired from his job at RE/MAX Platinum in June 2020 because of inappropriate public comments he posted on this Facebook account in opposition to the Black Lives Matter movement and philosophy.
The complaint details this event and asserts that Ikens had to be aware of Beaudin’s prior dismissal from RE/MAX Platinum and his history of engaging in racial bias, as it was publicized and widely known public knowledge in the community.
According to the complaint, Verdell and Julie Franklin have visited a Zukey Lake home, which is owned by their friends, on a regular basis over the past ten years. Based on these visits, the Franklins had decided they would purchase a second home on the lake, which is in Hamburg Township.
On September 3, 2020, a lake house situated on Zukey Drive near the home owned by the friends of Verdell and Julie Franklin was listed for sale by KW Realty Livingston in Howell, Mich. Rick Beaudin, one of the defendants, was representing the owners of the listed Zukey Drive house.
The listing noted an asking price of $350,000 with no associated conditions or requirements attached to the transaction, such as an “as is” sale or an all-cash offer.
A day later, on September 4, 2020, Julie Franklin contacted the real estate firm and scheduled an appointment to tour the house. Defendant Mary Kay Ikens, a real estate agent with RE/MAX Platinum, responded by texting a message to Julie Franklin confirming a showing set for 2 p.m. on that day.
The complaint goes on to note that “During the showing, Ikens demonstrated no interest in the Franklins as potential buyers,” as Ikens did not ask them about their occupations and didn’t otherwise gauge their level of interest in purchasing the property or their financial qualifications to purchase a second home.
As the complaint further notes, “Toward the end of the showing, the Franklins informed Ikens that they wished to put an offer on the house immediately. Ikens reacted in an awkward way and instead of immediately following through with the Franklins to process and present the offer, she informed the Franklins and their friends that she had to show her friend a home nearby.”
Later that day, Ikens returned and informed the Franklins she had spoken with Defendant Rick Beaudin, the listing agent, and informed the couple that unless they were prepared to make at least a $350,000 cash-only offer and they accept the property “as is,” their offer would not be considered. The Franklins were prepared to make an offer, but not an all-cash offer that high.
The complaint alleges that Ikens and Beaudin conspired to prevent the Franklins from making an offer on the house because they did not want to present an offer made by a Black man and his wife.
Late in October 2020, the Zukey Lake property was listed as sold for $300,000. Property records show that the purchaser was a white man, who obtained the house with a $225,000 mortgage loan. Beaudin was listed as the agent on the sale.
Based on the behaviors of Ikens and Beaudin, coupled with the facts that the house later sold to a white man with a mortgage loan in an amount significantly less than the Franklins initial offer, the lawsuit concludes that the Franklins have been victims of racial and housing discrimination because Verdell Franklin is of African American descent.
The Franklins are being represented by Robin Wagner and Cary McGehee of Royal Oakbased civil rights law firm Pitt McGehee Palmer Bonanni and Rivers. The Franklins had first filed their complaint with the Fair Housing Center of Southeast and Mid-Michigan, a non-profit enforcement agency for housing rights, which assisted in the initial investigation.
Wagner says census information indicates that Hamburg Township’s population in 2019 was 21,794 people — of which 97.6 percent were white and less than o.5 percent were African American. There are no current African American homeowners on Zukey Lake and there never has been.
“It appears that there has never been an African American homeowner in the Zukey Lake neighborhood,” said Wagner. “It also appears that the defendants in this case would prefer that it stay that way.”
In conclusion, the suit alleges that the two defendants conspired to discriminate against the Franklins by imposing additional, onerous conditions on the sale, including a higher, cash-only transaction price and an as-is/no-inspection sale. These efforts were meant to discourage the couple and dissuade them from attempting to purchase the house.
Verdell Franklin is the chief financial officer of the Toledo Fire Department, where he has been employed for 29 years. Julie Franklin is a certified registered nurse anesthetist at Toledo Hospital. The couple resides in Maumee, Ohio.
The lawsuit asserts that the Franklins have suffered pain, humiliation, degradation, and emotional distress of losing the opportunity to enjoy the company of family and friends at a lakeside house they had long hoped to purchase.
The plaintiffs are requesting unspecified damages related to emotional distress, embarrassment, and humiliation; punitive damages for illegal actions under federal and state law; injunctive relief requiring training for the defendants and ongoing supervision by the court to ensure compliance with civil rights laws pertaining to real estate; and attorneys’ fees and related expenses.
Pitt McGehee Palmer Bonanni and Rivers is one of Michigan’s largest law firms specializing in civil and workplace rights. In addition to fair housing laws, its attorneys represent clients in a wide range of actions, including sexual harassment, wrongful discharge, wage and hour violations, whistleblower issues and discrimination based on age, gender, disability, race and national origin. More at PittLawPC.com.
On February 26, 2020, The Fair Housing Center of Southeast & Mid Michigan filed a race discrimination lawsuit against Erie Investments owner of Red Lion Apartments, in Ypsilanti, Michigan. The site is the former Lakeshore Apartments. The suit alleges that by having a “no felony” policy the owner knew or should have known that it would have a disparate impact on African-American tenants and potential tenants. The lawsuit, filed in U.S. District Court for the Eastern District of Michigan, alleges violations of the Fair Housing Act.
The suit alleges that Defendants’ “elevation of criminal history as an absolute bar to residency without consideration of other eligibility criteria for tenancy is also counter to other normal business practices in the apartment industry. In the normal course of business, consideration of income, prior rental history, credit, and other factors occurs simultaneously during the application process, and after an application has been submitted and reviewed.”
According to an MLive article from April 3, 2019:
“Erie Investments has purchased and renovated multiple troubled apartment complexes in Ypsilanti Township. Now, the company is making its effort to rehab a mismanaged, section 8 complex in the city of Ypsilanti and market it to Eastern Michigan University Business School students”
The student body of EMU is only 17% African-American compared to the City of Ypsilanti which is over 30% Black.
Mike Radzik, director of community standards for Ypsilanti Township, told MLive that Erie Investments “typically.. will implement strict rental standards.”
“A landlord’s wish to be ‘strict’ towards prospective tenants does not give them the right to violate federal law,” said Pamela A. Kisch Executive Director of the Fair Housing Center. “2016 HUD Guidelines make it clear that property agents must look at each person on an individual basis. How long ago did the felony occur? How old was the person at the time? What has this person accomplished with his or her life since that time?”
The Fair Housing Center has taken numerous complaints of discrimination based on criminal background. Some include bans on individuals who have arrest records.
The Fair Housing Center is represented by FHC Cooperating Attorney William F. Piper of Piper Law in Portage, Michigan.
Scott Lorms settled his lawsuit based on disability discrimination under the Fair Housing Act. The amount of the settlement is not disclosed. The lawsuit alleged that T & R Properties and Zahler Management denied him the right to rent an apartment with his emotional support animals(ESAs). Mr. Lorms has a disability as defined under the Fair Housing Act.
According to the complaint taken by the Fair Housing Center of Southeast & Mid Michigan (FHC), Mr. Lorms called T & R Properties on November 27, 2018, to inquire about a rental unit in Pinckney. Based on the size, location, and price of the duplex, Mr. Lorms thought the property was perfect for him and his family. The home was close enough to Ann Arbor to visit with friends and family and was a short commute to Mr. Lorms’ job in South Lyon.
Mr. Lorms alleged that after he explained to the agent that he had emotional support dogs –which are not considered pets under the Fair Housing Act – the rental agent ended the call because the company had a “No dogs allowed policy”.
Mr. Lorms then called the Fair Housing Center and filed a complaint. Testing by the FHC supported his claim. Lorms first elected to have the Fair Housing Center resolve the complaint without legal action; it was not successful.
Because they were denied housing, Mr. Lorms and his family had to rent more expensive housing that was much further away from his work, friends, and family.
Under the Fair Housing Act, it is unlawful to discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of that buyer or renter. Discrimination is defined in the Act to include refusing “to make reasonable accommodations in rules, policies, practices, or services” when necessary to afford such person with a disability an “equal opportunity to use and enjoy a dwelling.”
Fair Housing Center Cooperating Attorney Francyne B. Stacey filed the fair housing complaint in U.S. Federal District Court on July 31, 2019. The case was assigned to the Honorable Nancy G. Edmunds. The case was resolved, on February 11, 2020, for an undisclosed amount.
The Fair Housing Center (FHC) will host its 7th Annual Fair Housing Breakfast on March 19th at Weber’s Inn. Funds raised from this event go directly to ending housing discrimination and expanding equal housing opportunities, making our community more open, accessible, and inclusive for all.
All are welcome to attend this event, which brings together housing professionals, advocates, educators, government officials, and other community members from across our eight-county service area. We are pleased to announce that the Breakfast has been approved for 1-hour nonlegal elective CE credit by CE Marketplace for Real Estate professionals.
Lisa Rice, President and CEO of the National Fair Housing Alliance (NFHA), the nation’s only national civil rights agency solely dedicated to eliminating all forms of housing discrimination, will be our guest speaker. Ms. Rice has played a leadership role in bringing many precedent setting fair housing cases which have resulted in the elimination of systemic discriminatory policies and practices and the expansion of fair housing opportunities for millions of people.
The title of her talk is “Fair Housing: What’s Ahead for 2020?”
Ms. Rice is a member of the Leadership Conference on Civil and Human Rights Board of Directors, JPMorgan Chase Consumer Advisory Council, Mortgage Bankers Association’s Consumer Advisory Council, Freddie Mac Affordable Housing Advisory Council, Urban Institute’s Mortgage Servicing Collaborative, Quicken Loans Advisory Committee, and America’s Homeowner Alliance Advisory Board.
What:
7th Annual Fair Housing Breakfast
Thursday, March 19, 2020
8:30 a.m. to 10:30 a.m.
Weber’s Inn, 3050 Jackson Road, Ann Arbor
Cost: Tickets are $50 for members, $75 for non-members. Table discounts available. More ticket details here.
For more information on the Fair Housing Center of Southeast & Mid Michigan: Visit their website here.
This event is made possible thanks to the generosity of our Sponsors. To see all of our Breakfast sponsors, please visit www.fhcmichigan.org/breakfast
On January 27, 2020, Amber Reineck House, its Founder and President, Courtney Atsalakis, and the Fair Housing Center of Southeast & Mid Michigan filed a disability rights lawsuit against the City of Howell, Michigan and two of its officials for engaging in a concerted, ongoing effort to prevent Amber Reineck House from opening a sober living home in Howell. The lawsuit, filed in U.S. District Court for the Eastern District of Michigan, alleges violations of the Fair Housing Act, Americans with Disabilities Act, and Michigan’s Persons with Disabilities Civil Rights Act.
Ms. Atsalakis founded Amber Reineck House in 2017, in memory of her sister, Amber Reineck, who died of a fentanyl overdose in 2015. The nonprofit organization is dedicated to acquiring affordable properties in Michigan to provide housing and support services for individuals recovering from substance use disorders, and to give women in recovery a chance to overcome their addiction in an affordable, supportive, community setting.
Amber Reineck House’s focus is on opening a sober living home for women in Livingston County—where the only other sober living options are for men. In 2018, Ms. Atsalakis acquired a house in in Howell that she intends to open as a home for women recovering from substance use disorders who have completed rehabilitation but need additional support and services as part of their recovery. The home would be operated in partnership with Home of New Vision, a 23- year-old nonprofit organization based in Ann Arbor with a history of successfully managing housing and programs for people in recovery from substance use disorders.
The lawsuit filed this week claims that the City of Howell, Mayor Nick Proctor, and Tim Schmitt, the City’s Community Development Director, have taken a series of unlawful actions to block Amber Reineck House from opening the sober living home in Howell because of the disability of the home’s future residents. The suit alleges that Defendants took these actions in direct response to significant community opposition to the proposed home, which was based on discriminatory bias against persons recovering from substance use disorders, all of whom are considered to be individuals with disabilities under the law.
“I founded Amber Reineck House with the goal of expanding supportive housing opportunities in Livingston County, where no recovery residences are currently available to women,” said Courtney Atsalakis. “The City’s actions have deprived women needing these services of a critical housing opportunity for nearly two years.”
The Fair Housing Center of Southeast & Mid Michigan, after learning of the discriminatory roadblocks the City was imposing on Amber Reineck House and Ms. Atsalakis, opened an investigation into the matter in June 2019. Since then, the Center has taken steps to educate City officials about their obligations under federal and state civil rights laws, expanded its public education and outreach efforts on zoning discrimination against housing for people with disabilities, and to counteract the City’s discriminatory conduct.
“Zoning restrictions that limit community-based housing opportunities for individuals with disabilities, including those recovering from substance use disorders, violate the Fair Housing Act,” said Pam Kisch, Executive Director of the Fair Housing Center of Southeast & Mid Michigan. “The City has illegally denied housing to women in recovery from addiction based on harmful, discriminatory stereotypes about individuals with substance use disorders.”
The lawsuit seeks an injunction allowing Amber Reineck House to open its sober living home in Howell, compensatory and punitive damages, and other relief.
Plaintiffs are represented by Michael Allen, Sara Pratt, and Joseph Wardenski of Relman Colfax PLLC, a civil rights law firm based in Washington, DC, Stephen M. Dane of Dane Law LLC in Perrysburg, OH, and Robin B. Wagner of Pitt McGhee Palmer & Rivers PC in Royal Oak, MI.
A copy of the complaint is available here. More information on the case can be found here: https://www.relmanlaw.com/cases-amberreineckhouse.
More information about Amber Reineck House is available here.
The Fair Housing Center of West Michigan along with three other private non-profit Michigan fair housing groups announce the resolution of a complaint based on familial status discrimination, in violation of the Fair Housing Act, filed against Monarch Investment & Management Group LLC.
The other fair housing groups are The Fair Housing Center of Metropolitan Detroit, The Fair Housing Center of Southeast & Mid Michigan, and the Fair Housing Center of Southwest Michigan.
Monarch is a property investment and management company with properties in twenty states. In Michigan, Monarch owns and/or manages 36 properties with over 9,000 units.
The complaint filed with the U.S. Department of Housing and Urban Development (HUD) alleged that Monarch engaged in systemic discrimination against families with children by enforcing an overly-restrictive occupancy policy of no more than two people per bedroom regardless of a unit’s square footage.
In 2017, the Michigan FHC’s conducted an investigation of Monarch properties in 14 separate locations throughout Michigan. Through the use of testing, the Michigan FHC’s determined about 30 different floor plans were large enough under state and local law to accommodate more occupants than the “two person per bedroom” rule enforced by Monarch agents. In fact, at one of the properties, the master bedroom was 320 square feet, which would itself be legally large enough to house six people, yet Monarch enforced the same restrictions.
In February 2018, a HUD complaint was filed on behalf of the by FHC Counsel Jia Cobb of Relman, Dane & Colfax.
In September 2019, the parties entered into a conciliation agreement in which Monarch agreed to pay $130,000 for the Michigan Fair Housing Centers’ costs and damages, change their occupancy policy so that it is no more restrictive than the applicable local occupancy code, and train their employees and agents on fair housing laws and responsibilities, along with other terms to ensure compliance with fair housing laws. HUD did not make a determination on the merits of the allegations.
Alpha Omicron Pi (AOII) has agreed, in conjunction with the Michigan Department of Civil Rights, to create written policies with regard to assistance animals. The sorority’s policies were the subject of a fair housing complaint by Michigan State University Alum Kayla Hicks.
According to the complaint taken by the Fair Housing Center of Southeast & Mid Michigan in the fall of 2017, Ms. Hicks needed an assistance animal, a two-pound Netherland Dwarf Rabbit named Sebastian.
Ms. Hicks was in communication with the national offices of the sorority during the summer of 2017 and she provided the sorority with documentation that she had a disability and needed her Emotional Support Animal.
Ms. Hicks then filed a complaint with the Michigan Department of Civil Rights and moved out of the sorority. Ms. Hicks was later referred by the Fair Housing Center to an attorney, who filed a complaint on behalf of Ms. Hicks in U.S. Federal Court on November 14, 2018. The case was assigned to the Honorable Robert J. Jonker. The Court referred this case to a mediator and the matter was eventually dismissed by mutual stipulation of the parties.
The Michigan Department of Civil Rights charge was also resolved. According to the settlement agreement with the MDCR, “fraternity and sorority houses…are not excluded from the [Michigan Persons with Disabilities Civil Rights Act] provisions prohibiting discrimination based on disability or any other protected classifications.”
Under the MDCR agreement, the sorority agreed to accommodate members with a disability at all AOII sorority houses in Michigan.