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.
The Fair Housing Centers of Metropolitan Detroit, Southeast & Mid Michigan, Southwest Michigan, and West Michigan are calling for a statewide day of action for housing rights. Organizations and individuals should plan to submit comments opposing the changes to the Fair Housing Act at www.DefendCivilRights.org on Wednesday, October 16th.
Please use the hashtags #DefendCivilRights and #DefendMICivilRights in any social media posts.
The four independent fair housing centers recently published an op-ed in The Detroit Free Press – “Trump administration housing rule change would weaken important tool” – and each center has been holding public comment parties, submitting official agency comments, and conducting education and outreach through social media and email blasts.
The Fair Housing Centers are encouraging folks to Speak Out! Fair Housing Center of Southeast & Mid Michigan Director Pam Kisch states, “We want to fill up the day with comments. Just five minutes of your time can help stop the rollback of this key civil rights tool. There is so much on the line here and we need your help.”
Background: The U.S. Department of Housing and Urban Development (HUD) proposed a new rule in August with the potential to dismantle important civil rights protections against discrimination in housing.
Title VIII of the Civil Rights Act of 1968, known as the Fair Housing Act, prohibits discrimination in the sale, rental, or financing of housing and in other housing-related activities on the basis of race, color, religion, sex, disability, familial status, or national origin. However, HUD’s new rule proposes to eliminate the use of “disparate impact” in determining housing discrimination and to raise the burden of proof required to prove discrimination. Moreover, the new rule proposes to release lenders and landlords from responsibility for computer-based algorithms that discriminate while automating decisions about credit scoring, home insurance, and mortgage interest rates.
Sarah Yoder contacted the Fair Housing Center of Southeast & Mid Michigan (FHC) 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 Native American woman, stated that she had gone to view a one-bedroom house listed for $700/month in Lansing and that Mr. McDonell gave her a tour.
Later that day, she asked Mr. McDonell, via text, if the rent was negotiable. McDonell responded; “I bet your (sic) more fun to negotiate with in person.” Later text messages include asking Ms. Yoder to do a striptease for him. Ms. Yoder’s text response was that she was “not a prostitute or a stripper” and she declined to respond to his subsequent text messages.
According to the lawsuit, on August 8, 2018, Ms. Yoder sent a message to another person named “Jason” listing a similar property on Craigslist. Ms. Yoder and a friend went to see the unit, soon realizing it was the same house. When they saw Mr. McDonell waiting there, they began to leave. Then, according to the lawsuit, he screamed discriminatory statements to Ms. Yoder. He texted her again that night asking “u mad that I asked u to wear something cute so I could check u out?”
After the FHC advised her of her rights, Ms. Yoder chose to take her case to litigation. The Fair Housing Center Board of Directors elected to join the lawsuit. FHC Cooperating Attorney Robert M. Howard filed the fair housing complaint based on sex and national origin. The lawsuit alleges violations of the Federal Fair Housing Act and the Michigan Elliott-Larsen Civil Rights Act in Federal Court. The case, filed on September 9, 2019, has been assigned to the honorable Robert J. Jonker.
The Fair Housing Center of Southeast & Mid Michigan (FHC) announces the resolution of a complaint based on familial status discrimination, in violation of the Fair Housing Act, filed against Management Resources Development, Inc. (MRD).
MRD is a property management and construction company with its headquarters in East Lansing, Michigan. MRD owns and/or manages over 9,000 properties, including apartments, in 10 states.
The complaint filed with the U.S. Department of Housing and Urban Development (HUD) alleged that MRD engaged in systemic discrimination against families with children across properties in Michigan and Indiana by enforcing an overly-restrictive occupancy policy of no more than two people per bedroom regardless of a unit’s square footage.
Between August 2016 and December 2017, the FHC conducted an investigation of MRD properties in five separate locations throughout Michigan. Through the use of testing, the FHC determined that all five units tested were large enough under state and local law to accommodate more occupants than the “two person per bedroom” rule enforced by MRD agents. In fact, at one of the properties, the master bedroom was 250 square feet, which would itself be legally large enough to house five people, yet MRD enforced the same restrictions. The Fair Housing Center of Central Indiana (FHCCI) also investigated properties and testing evidence revealed the same conclusion: MRD was enforcing overly-restrictive occupancy standards.
In February 2018, a HUD complaint was filed on behalf of the FHC and FHCCI by FHC Counsel Jia Cobb of Relman, Dane & Colfax. In June 2019, the parties entered into a conciliation agreement in which MRD agreed to pay $45,000 for both 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.
Scott Lorms has filed a lawsuit based on disability discrimination under the Fair Housing Act. The lawsuit states 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 alleges 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 stated he would not show him the unit or discuss any accommodation for his emotional support animals. Mr. Lorms told the agent he had the required paperwork from a doctor regarding his disability, as well as training certificates for the animals if behavior was any concern. He asked for an application but the agent refused stating, “No dogs allowed”.
Mr. Lorms then called the Fair Housing Center and filed a complaint. Testing by the FHC supported the claim that T & R Properties refuses to rent to people with emotional support animals.
Because they were denied housing, Mr. Lorms and his family were forced to rent more expensive housing – 50% more than the desired home in Pinckney – and 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 has been assigned to the Honorable Nancy G. Edmunds.
The Fair Housing Center (FHC) will host its 6th Annual Fair Housing Breakfast on March 21st at Weber’s Inn. Fred Freiberg, Executive Director of the Fair Housing Justice Center in New York, is the guest speaker for the charity event. Mr. Freiberg is one the nation’s leading experts on the use of undercover testing as an investigative tool to enforce civil rights laws. His talk is titled: “Fair Housing: With All Deliberate Lethargy.”
Fair housing has been the law of the land for more than 50 years. But how much progress have we actually made in achieving fair housing and what are some of the key lessons learned about housing discrimination and residential segregation?
The program will run from 8:30 – 10:30 a.m. and also includes the FHC Board of Directors Award. The award will be presented to David Esau with Michigan Accessible Homes, a division of Cornerstone Design – an architectural firm based in Ann Arbor. Mr. Esau has collaborated with the Fair Housing Center since 2006 on fair housing issues relating to accessibility under state and federal law. His expertise has aided in the resolution of nearly a dozen fair housing complaints including: Lowrey v Uptown and Tankson v Randolph Court.
6th Annual Fair Housing Breakfast
Thursday, March 21, 2019
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:
Gold:
McKinley Companies, LLC
Washtenaw County Office of Community and Economic Development
Silver:
Ann Arbor State Bank
Chemical Bank Home
Point Financial
PNC Bank
Interested in sponsorship? Contact Kristen at kcuhran@fhcmichigan.org or view our Sponsorship Invitation.
Kayla Hicks is suing Alpha Omicron Pi (AOII) for denying her the right to live in the 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 of Southeast & Mid Michigan in the fall of 2017, though her need for the animal was well documented, AOII refused to allow her to bring her emotional support animal, a two-pound Netherland Dwarf Rabbit named Sebastian, to the sorority. Ms. Hicks was in close communication with the national offices of the sorority during the summer of 2017. She provided the organization with proof that she had a disability and needed the ESA.
On September 1, 2017, after MSU classes began and Ms. Hicks had already moved into the sorority house for her senior year, Mandy Doyle, Director of Properties at the national headquarters in Tennessee, sent an email stating:
“Hi Kayla, The decision is based upon our global policy created by AOII Properties to not allow emotional support animals. It is in AOII Properties good faith belief that the chapter house falls under the private club exemption as in the Fair Housing Act that you have mentioned in your email below. Thank you, Mandy”
“Kayla Hicks provided the sorority with all the documents necessary to show that she had a disability and needed an emotional support animal, yet they still denied her request,” stated Niki Green, Coordinator of Investigations and Legal Research from the Fair Housing Center.
Discrimination is defined in the Fair Housing Amendments 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.”
In March of 2018, the national office of the sorority demanded that Ms. Hicks drop the complaint that she had filed with the Michigan Department of Civil Rights (in conjunction with her complaint to the FHC) before they discuss any possible agreement to allow the ESA. Two days later, before she could even consider the offer, local AOII staff said she would be evicted from the house. After the eviction threat, Ms. Hicks moved out of the sorority. The Fair Housing Center referred her to an attorney for litigation.
Fair Housing Center Cooperating Attorney Kerry L. Morgan of Pentiuk, Couvreur & Kobiljak filed the fair housing complaint in U.S. Federal Court on November 14, 2018. The case has been assigned to the Honorable Robert J. Jonker.
The Fair Housing Center of Southeast & Mid Michigan (FHC) was awarded a grant by the Ann Arbor Area Board of Realtors (AAABoR) for their Fair Housing Five Book Project.
The Fair Housing Five & the Haunted House is an illustrated children’s book about kids who take action in their neighborhood in response to a landlord who is discriminating. The book is designed to initiate conversations between parents, caregivers, teachers and children about housing discrimination, systemic inequality, and the important role that we all have in ending both. The Fair Housing Five was developed by the Greater New Orleans Fair Housing Action Center and illustrated by Sharika Mahdi-Neville.
The grant money enables the Fair Housing Center to donate one hardcover book, along with child-friendly information and activities that can be used with existing curriculum, to every elementary school in Washtenaw County.
“April 11th, 2018, marked the 50th Anniversary of the passage of the Fair Housing Act,” stated Kristen Cuhran Fuller, Associate Director of the Fair Housing Center. “The funding for this book project came at the exact right moment and the AAABoR was the perfect partner.”
Distributing the book is the first step in a larger plan by the Fair Housing Center to provide K-8 education about housing discrimination in their eight-county area. The nonprofit plans to seek additional funding for further education and outreach on this topic.
ANN ARBOR, MI – The Fair Housing Center welcomes Richard Rothstein, author and renowned scholar, on March 29th as guest speaker at the 5th Annual Fair Housing Breakfast, a benefit for the FHC. The program will run from 8:30 – 10:30 AM at Weber’s Inn in Ann Arbor. Tickets for the event are available at www.fhcmichigan.org/breakfast and advanced registration is required.
Rothstein’s talk will offer a powerful historical view of American cities and the explicit discriminatory housing policies and practices on a local, state, and federal level. Extensively researched, his book “The Color of Law” was designated one of the ten finalists on the National Book Awards’ long list for the best nonfiction book of 2017. Rothstein is an authority on housing policy, a research associate of the Economic Policy Institute, and a Fellow at the Thurgood Marshall Institute of the NAACP Legal Defense Fund and the Haas Institute at the University of California (Berkeley).
The Fair Housing Center is a civil rights organization serving eight counties across southeast and mid Michigan. Our mission is to end discrimination in housing and public accommodations and to promote accessible, integrated communities. The Breakfast is our primary fundraising event, with money raised going to provide investigative services, testing, advice, advocacy, conciliation, attorney referral and community education.
This event is only made possible thanks to the generosity of our Sponsors (as of 2/23/2018):
Gold: Comerica Bank; McKinley Companies, LLC; Washtenaw County Office of Community and Economic Development
Silver: PNC Bank
Bronze: Ann Arbor Area Board of REALTORS, Ann Arbor State Bank, Bank of Ann Arbor, Fifth Third Bank, Flagstar Bank, Michigan Realtors, Michigan State Housing Development Authority, Old National Bank, Reinhart Realtors, Standard Printing, University of Michigan Credit Union, and Zingerman’s Community of Businesses