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
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 has a debilitating neurological disorder known as dystonia, contacted the Fair Housing Center in January 2017 for help with a request for reasonable accommodation. Prior to signing a lease at Randolph Court, the manager stated in writing that Ms. Tankson would be able to install a wheelchair ramp upon move in, as she uses a wheelchair and the home she planned to rent had three steps from the sidewalk to the front door.
According to the lawsuit, once Ms. Tankson moved in, Randolph Court Apartments management told her that “she and health aide [Karen Kelsey] must remove [her temporary ramp] and stow it away after each use.” Because it was not possible for her to stow and then reconstruct the ramp each time she needed to use it, she and her aide complied by removing the materials, thus forcing Ms. Tankson to remain shut in her apartment or crawl out of her unit on days she required outside care. Ms. Tankson missed many medical appointments as a result of being unable to safely leave her apartment, which caused the symptoms of her disability to worsen.
This dire situation forced Ms. Kelsey to redouble her effort to locate a contractor to install a more secure removable wheelchair ramp. These efforts received media attention from WXYZ Channel 7 in Detroit, which did several pieces on the story (see links below). Thanks to the televised news coverage, a volunteer contractor agreed to construct and install the ramp, and raised contributions to cover the cost of the materials.
Randolph Court management, however, would not allow the ramp until it received and approved the plans. The Fair Housing Center worked with Ms. Tankson and the contractor to provide the plans to Randolph Court management on February 28, 2017, and asked for written approval by March 1, 2017, as the contractor was ready to install the ramp. No response was given. Instead, management contacted Ms. Tankson on March 2, 2017, stating she could have a temporary ramp installed only if she moved into a different apartment unit, because they did not want any bushes removed or have the ramp go across the walkway in front of her home.
Randolph Court management continued to delay the installation of the ramp by refusing to grant approval to have the ramp installed at Ms. Tankson’s unit, even turning away the contractor after he came out to install the ramp. Randolph Court management insisted that Ms. Tankson sign a form to move into a different unit where the ramp would have to be rebuilt and installed, while refusing to pay any of Ms. Tankson’s relocation costs. On one occasion, employees from Randolph Court appeared without notice at Ms. Tankson’s home with a moving truck, pressuring her to immediately sign a form to transfer her to another unit.
The FHC contacted Group Five Management one last time to remind them that the Federal Fair Housing Act requires housing providers to grant permission for tenants who use wheelchairs to install ramps to make the entrance to their units accessible. The Fair Housing Center never received a response.
FHC Cooperating Attorney Steve Tomkowiak filed the lawsuit on behalf of Ms. Tankson in U.S. Federal District Court on March 15, 2017. The case was assigned to the Honorable Sean F. Cox. Ms. Tankson was permitted to have the ramp installed in April, and the lawsuit settled in July 2017 for a non-disclosed amount.
In 1994, in response to hate crimes in Ann Arbor, the Fair Housing Center worked with community members to start its first WIMBY pledge campaign (Welcome In My BackYard). We updated the original version and relaunched the campaign in 2017, during a time of increased visibility of intolerance, to help draw attention to the large number of people who believe in diversity and inclusion.
The public can read the pledge and sign on to show their support at www.fhcWIMBY.org. The pledge is about fostering diversity and inclusion, understanding our own implicit biases, and challenging us to speak up against prejudices and stereotypes. Signers are asked to demonstrate their commitment to the pledge and its principles by prominently displaying the fhcWIMBY logo (with a yard sign, poster, sticker, car magnet, etc.) and taking action against injustices in their community.
To help spread the word about the pledge campaign, a video of local residents reading the pledge was created. The FHC asked the community at large to submit a video clip. Ypsilanti Community High School Art Teacher, Lynne Settles, noted, “When I asked them [her students] to do the pledge, and they read the pledge, one of the first things said was, “This is really important – I am glad we were asked.”
Danielle DeAngelis, Program & Communication Coordinator for the NEW Center in Ann Arbor, said “staff was excited for the opportunity to show their support to the entire Southeastern Michigan community. We ourselves were looking for a way to let our tenants and neighbors know that they are always “welcome in our backyard.” This pledge gave us an opportunity to be direct about this message, and join the community while doing so.”
The WIMBY pledge is not limited to Washtenaw county, or even to Michigan. The FHC hopes that many more people will resonate with the welcoming message, as opposed to a Not In My BackYard (NIMBY) attitude of intolerance and prejudice toward difference.
Video clips can be submitted on an ongoing basis. Learn more here.