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African American Family Settles Race Case Against Ypsilanti Township Mobile Home Community

Paula Scott accepted a non-disclosed settlement to resolve her lawsuit against Swan Creek Mobile Home Community in Ypsilanti Township.

In April 2014, the Fair Housing Center of Southeast & Mid Michigan (FHC) took a complaint from Paula Scott. Ms. Scott alleged discrimination based on race. Ms. Scott was referred to the Fair Housing Center by Legal Services of South Central Michigan (LSSCM). Ms. Scott reported that on March 5, 2014, her 17-year-old African American daughter, Zakara Scott, was pushed to the ground and physically assaulted by Amanda Cadreau, a white adult resident at Swan Creek.

The police report filed immediately thereafter listed Zakara Scott as victim of Amanda Cadreau’s assault and battery.  Although the police report listed Zakara Scott as the victim, Swan Creek staff requested statements regarding the incident only from the family of Amanda Cadreau, the perpetrator of the assault and battery. Two days after the assault and battery incident, Swan Creek served only the Scotts with an eviction notice.

On September 26, 2014, a jury convicted Amanda Cadreau of assault and battery against Zakara Scott.  LSSCM and FHC Cooperating Attorney, Steve Tomkowiak, assisted in halting the eviction. Mr. Tomkowiak agreed to continue with the civil rights portion of the case and, on December 2014, filed suit on behalf of the Scott family against Swan Creek in U.S. Federal District Court. The case was assigned to the Honorable Bernard A. Friedman. The case settled on July 21, 2015 following a settlement conference before Magistrate-Judge Michael J. Hluchaniuk.

Court: Federal, Settlement: Non-disclosed

For a copy of the original complaint (2:14-cv-14828-BAF-MJH) filed 12/19/2014, please email kcuhran@fhcmichigan.org.

The Fair Housing Center of Southeast & Mid Michigan (formerly Fair Housing Center of Southeastern 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 150 complaints each year from its eight-county service area – Clinton, Eaton, Ingham, Jackson, Lenawee, Livingston, Monroe, and Washtenaw counties.

The work that provided the basis for this publication was supported by funding under a grant with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government. 

Housing Discrimination Lawsuit Filed Against Multiple Lansing-Area Properties

The Fair Housing Center of Southeastern Michigan (FHC) initiated a housing discrimination lawsuit against several multi-family apartment properties in Michigan owned, operated, and/or managed by Sudi Hopper. Testing showed evidence of discrimination against families with children. The properties include Parkside Apartments in East Lansing, Holt Manor Apartments in Holt, and Kelly Manor Apartments in Owosso.

According to the lawsuit, testers posing as a single parent with a young child were told that children were not allowed to live in one-bedroom apartments. By comparison, “Testers without children who inquired about the availability of one-bedroom units for themselves and a spouse were asked to confirm that they did not have children, told that apartments were available, provided additional information about the units, and invited to view the apartments.”

The Fair Housing Center Board of Directors voted to bring the lawsuit as allowed under the Supreme Court decision Havens v Coleman. The Fair Housing Center asked the U.S. Department of Justice to look into the allegations of discrimination at the properties, as well.

Fair Housing Center Cooperating Attorneys Jia Cobb and Stephen M. Dane of Relman, Dane & Colfax, along with local counsel Thomas Daniels and Matthew Daniels of Pear, Sperling, Eggan & Daniels, filed the lawsuit on behalf of the Fair Housing Center. The case, filed in U.S. Federal District Court on May 7, 2015, was assigned to the Honorable Sean F. Cox.

New Race Lawsuit Filed: White Tenant Attacks Black Teenager Yet Black Family Faces Eviction

Ypsilanti Township – The Fair Housing Center (FHC) of Southeastern Michigan has aided in the filing of a new race discrimination lawsuit against Swan Creek Mobile Home Community in Ypsilanti.

In April 2014, the FHC took a complaint from Paula Scott. Ms. Scott reported that her family received an eviction notice after her 17-year-old African-American daughter, Zakara Scott, was pushed to the ground and physically assaulted by Amanda Cadreau, a white tenant at Swan Creek.

According to the lawsuit, “Ms. Cadreau assaulted and battered Plaintiff Zakara Scott as Zakara exited a school bus at the Defendant’s manufactured home park community […] The police report was filed immediately thereafter, listing Zakara Scott as victim of Amanda Cadreau’s assault and battery.”

Swan Creek requested and obtained written statements regarding the incident, but only from the family of Amanda Cadreau. Two days after the assault and battery incident, Swan Creek served the Scotts with an eviction notice.

“Swan Creek treated the African–American victim like the perpetrator and the white perpetrator like the victim; and we are talking about an African-American teenager assaulted by a white adult,” said Ann Routt, Board President of the Fair Housing Center. Amanda Cadreau was criminally convicted and sentenced for the March 5, 2014 assault of Zakara Scott.

The case was referred to the Fair Housing Center by Legal Services of South Central Michigan (LSSCM). Legal Services attorneys successfully stopped the eviction of the Scott family. FHC Cooperating Attorney Steve Tomkowiak assisted LSSCM on the eviction and agreed to continue with the civil rights portion of the case. On December 19th, Mr. Tomkowiak filed suit on behalf of the Scott family in U.S. Federal District Court. LSSCM plan to act as co-counsel. The case is assigned to the Honorable Bernard A. Friedman.

New Discrimination Lawsuit Filed: Wheelchair User Demands Sidewalk Access

Philip Cusumano has filed a disability discrimination lawsuit claiming violations of the federal Fair Housing Act, against the Hartland Meadows mobile home community in Livingston County. Mr. Cusumano is legally blind and uses a wheelchair. He contacted the Fair Housing Center of Southeastern Michigan in April to report that Hartland Meadows’ “no parking on sidewalk” rule was not being enforced. This made traveling around the community dangerous and denied him access to common areas, including his mailbox.

Then, in May, Mr. Cusumano reported to Fair Housing Center staff that “the sidewalks were blocked by cars; I couldn’t get around the cars on the sidewalk in my wheelchair, so I had to go on the road, where I was nearly hit by a car.”

This instance is not unusual. Mr. Cusumano and his wife, Vickie Cusumano, have several photographs of cars parked on sidewalks throughout Hartland Meadows. Fair Housing Center staff investigated the property and witnessed numerous cars on sidewalks throughout the property.

Hartland Meadows has a policy that states residents are to not park on the sidewalks and provides three off-street parking spaces per home site. According to the lawsuit, the policy is not enforced.

“Let Philip Cusumano take his grandchildren to the playground without risking his safety,” said Pamela Kisch, Executive Director of the Fair Housing Center of Southeastern Michigan. “Mr. Cusumano and others who use wheelchairs rely on clear paths available to them at all times.”

The Fair Housing Center sent multiple letters to Hartland Meadows urging the enforcement of the rule that prevents parking on sidewalks. However, when the rule was still not enforced effectively, the Fair Housing Center referred Mr. Cusumano to Cooperating Attorney, Steve Tomkowiak, for litigation. On August 1, 2014, Mr. Tomkowiak filed suit on behalf of Mr. Cusumano in U.S. Federal District Court. The case is assigned to the Honorable Matthew F. Lietman.

A private non-profit organization, the Fair Housing Center opened in 1992 to provide fair housing investigations, advocacy, education, conciliation, and attorney referrals to those who believe they have been the victims of illegal housing discrimination. The Fair Housing Center serves Washtenaw, Ingham, Monroe, Livingston, Jackson, and Lenawee counties.

The work that provided the basis for this publication was supported by funding under a grant with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government.

Monroe Michigan Mom Settles New Discrimination Suit For $20,000

MONROE, MICHIGAN — Cicily Pippens of Monroe, Michigan has settled her housing discrimination law suit 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 of 2013 to report that the agent at a West Eighth Street property in the City of Monroe took a rental application away from her after the agent learned that she has two children.

The Fair Housing Center investigated the claim of housing discrimination by sending testers who acted as potential home seekers and reported their experiences to FHC staff. Testers were sent to the identified location at various times during the period of a month.  The results of FHC testing strongly supported Ms. Pippens’ claim of discrimination based on familial status.

According to the lawsuit, the defendant, Mildred Trkula, told Pippens that “they really do not want children living here.” Ms. Trkula is the owner of the property.  The lawsuit also reveals that the defendant told FHC testers “you can’t have kids,” “it is an adult unit,” and that when a previous tenant “found a girlfriend with kids” she, Ms. Trkula, “got rid of them.”

FHC staff met with Ms. Pippens in early February 2013, to discuss her options. Ms. Pippens chose to go to litigation with a Fair Housing Center Cooperating Attorney, selecting Steve Tomkowiak to handle her case. On March 5, 2013, Mr. Tomkowiak filed Pippens v Trkula in U. S. Federal District Court. The case was assigned to Judge Victoria A. Roberts.

A private non-profit organization, the Fair Housing Center opened in 1992 to provide fair housing investigations, advocacy, education, conciliation, and attorney referrals to those who believe they have been the victims of illegal housing discrimination. The Fair Housing Center serves Washtenaw, Ingham, Monroe, Livingston, Jackson, and Lenawee counties.

The mission of the Fair Housing Center is to end discrimination in housing and public accommodations and to promote accessible, integrated communities.

The work that provided the basis for this publication was supported by funding under a grant with the U.S. Department of Housing and Urban Development.  The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication.  Such interpretations do not necessarily reflect the views of the Federal Government.

Fair Housing Center Settles Ann Arbor Disability Case for $39,000; “Live-In” Leasing Policy Unfairly Applied, Discriminates Against People with Disabilities

The Fair Housing Center (FHC) of Southeastern Michigan and Renaissance Community Homes (Renaissance) – a provider of assisted living services – announced today the settlement of a U.S. Department of Housing and Urban Development (HUD) complaint against Scio Farms Estates in Ann Arbor. Scio Farms Estates is part of Sun Community Homes, a nationwide company with yearly sales near $300 million.

Under terms of the settlement, Scio Farms Estates and Sun Community Homes will no longer require guardians of tenants with developmental disabilities to live on premises when co-signing a lease, provide training to their staff, and pay $39,500 to Renaissance and FHC.

“Sun Communities placed the bar so high that it would have been practically impossible for people with developmental disabilities to live there,” said Pam Kisch, Director of the Fair Housing Center of Southeastern Michigan “We’re pleased that HUD was able to step in and help change that.  A harmful policy has been removed and I hope Sun Communities has learned from this.”

The case began on March 28, 2011 when FHC staff member Kristen Cuhran took a complaint from Sandy Donner, on behalf of Renaissance and two of its clients (who wish to remain anonymous). Ms. Donner claimed that three of her clients were denied housing at Scio Farms Estates because of their developmental disabilities.

Two weeks before the complaint was filed, an application was submitted to Scio Farms Estates by Ms. Donner on behalf of the three clients, signed by their guardians. The home was perfect – a great location, less expensive rent then what the clients were currently paying, and larger square footage. Ms. Donner was told by the Scio Farms agent to expect to hear back in 24-48 hours.

When she hadn’t heard back after 48 hours, she followed up with an agent at Scio Farms who said she was looking into the situation. The next day Ms. Donner called again and an agent told her that the corporate office was looking into the matter. On the 22nd of March, Ms. Donner went to the Scio Farms office in person where an agent told her that the corporate office denied their application because the client’s guardians signed the lease and “whoever signs the lease, has to live there.”

The Fair Housing Center advised the Renaissance staff to have the gentlemen (one of whom was his own guardian; the other two had related family as guardians) sign the lease themselves, which they did. Because the clients have developmental disabilities, they rely on representative payees (someone who manages their money) who also co-signed the lease. Sun Community Homes denied the application a second time, stating that the payees would have to live with them. The payees in this instance were an organization – Renaissance Community Homes.

The Fair Housing Center tested the property through phone and on-site investigations in regards to payees, guardians, and co-signers. FHC testing found that the policy “whoever signs the lease, has to live there” was not enforced for prospective tenants without disabilities. FHC staff talked with the families of the clients and Renaissance staff about what action they would like to pursue.

One Renaissance client and his family decided to pursue the case through a U.S. Department of Housing and Urban Development (HUD) complaint. FHC staff referred the case to HUD on December 14, 2011. A conciliation agreement was finalized on May 16, 2013, between the owner Sun Communities, Incorporated, and Renaissance Community Homes, the Fair Housing Center of Southeastern Michigan, and the individual complainant and his family.

The agreement includes a monetary settlement of $30,000 to Renaissance Community Homes, and $9,500 to the Fair Housing Center of Southeastern Michigan to monitor Sun Community Homes for fair housing compliance. The client and his family declined any settlement money but stayed in the case in order to further civil rights issues for people with disabilities. They were in full support of Renaissance and FHC receiving monetary settlements.

The agreement also includes a charge to Sun Community to develop and distribute written policies to all staff that interacts with potential and current residents regarding the HUD suggested language on a “Payee Policy” and a “Policy Against Unlawful Scrutiny on the Basis of Disability.” Sun Community Homes must also develop additional training for all staff on these issues, as well as adhere to monitoring from HUD for a period of 18 months (separate from FHC monitoring).

Monroe Property Does Not Want Children; Lawsuit Filed

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 away from her after the agent learned that Ms. Pippens has two children.

The Fair Housing Center investigated the claim of housing discrimination by testing. Testers were sent to the location at various times during the period of a month. FHC testing strongly supported Ms. Pippens’ claim of discrimination based on familial status.

According to the lawsuit, the defendant – Mildred Trkula – told Pippens that “they really do not want children living here.” Ms. Trkula is the owner of the property.  The lawsuit also reveals that the defendant told FHC testers “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.”

FHC staff met with Ms. Pippens in early February 2013, to discuss her options. Ms. Pippens chose to go to litigation with a Fair Housing Center Cooperating Attorney, selecting Steve Tomkowiak to handle her case. 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.

Pippens v Trkula is the fifth Fair Housing Center-aided familial status case filed since 2010. Recognizing the need for public education on the issue of discrimination against families with children, the FHC is conducting additional outreach concerning this issue by placing an ad (see below) in the April edition of the Ann Arbor Family Paper. The FHC also has plans to run this ad in other publications, in hopes that the ad will alert families to the possible signs of discrimination against children.

A private non-profit organization, the Fair Housing Center opened in 1992 to provide fair housing investigations, advocacy, education, conciliation, and attorney referrals to those who believe they have been the victims of illegal housing discrimination. The Fair Housing Center serves Washtenaw, Ingham, Monroe, Livingston, Jackson, and Lenawee counties. The mission of the Fair Housing Center is to end discrimination in housing and public accommodations and to promote accessible, integrated communities.

The work that provided the basis for this publication was supported by funding under a grant with the U.S. Department of Housing and Urban Development.  The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication.  Such interpretations do not necessarily reflect the views of the Federal Government.

HUD Issues Rules Formalizing Standard on Discriminatory Effects in Housing

Ann Arbor Landlord Sued for Discrimination Against Children

A University of Florida professor has filed a federal lawsuit against Tree City Properties and owner Catherine Alawi stating that she was denied the rental of a two-bedroom apartment because she has two children.

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.”

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 unrelated people and any number of related people. The investigation of the Barnett family’s complaint was paid for in part by a grant from the U.S. Department of Housing and Urban Development.

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.

The Fair Housing Center staff met with Dr. Barnett and informed her of her rights under the Fair Housing Act.  Dr. Barnett chose to work with FHC Cooperating Attorney Jonathan G. Weber.  Mr. Weber filed the case in Federal Court on December 19, 2012. The case was assigned to Judge Gerald E. Rosen.

A private non-profit organization, the Fair Housing Center opened in 1992 to provide fair housing investigations, advocacy, education, conciliation, and attorney referrals to those who believe they have been the victims of illegal housing discrimination. The Fair Housing Center serves Washtenaw, Ingham, Monroe, Livingston, Jackson, and Lenawee counties.

The work that provided the basis for this publication was supported by funding under a grant with the U.S. Department of Housing and Urban Development.  The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication.  Such interpretations do not necessarily reflect the views of the Federal Government.

$10,500 Settlement Adds to Total of More Than $1.7 Million Won by Fair Housing Center for Victims of Housing Bias

Matthew and Julie Hargraves have accepted $10,000 to settle a familial status discrimination case against the owner of a four-bedroom house in Okemos, Michigan. The total settlement agreement of $10,500 also calls for $500 to be paid by the owners, Gregory and Effie Spiridakos, to receive fair housing training.

Mr. Hargraves contacted the Fair Housing Center of Southeastern Michigan to report that he was not permitted to rent the home, located on Tamarack Drive, because he had four children.  Mr. Hargraves was going through a divorce and sought housing for himself and his family, including his future wife, Julie. At the time of the complaint, his children ranged in age from five to eleven.

After taking a complaint from Mr. Hargraves, the Fair Housing Center used testers posing as families with and without children to contact the owner of the rental. Testing evidence supported the claim of discrimination based on familial status. Testing for this complaint was paid for by a grant from the U.S. Department of Housing and Urban Development.

Mr. Hargraves pursued his rights under the Federal Fair Housing Amendments Act. The case (No. 1:12-CV-00079) was litigated by Fair Housing Center cooperating attorney Jonathan G. Weber and assigned to Federal District Judge Robert Holmes Bell of the U.S. District Court for the Western District of Michigan, Southern Division. A settlement was reached prior to trial.

A private non-profit organization, the Fair Housing Center opened in 1992 to provide free fair housing testing, investigation, advocacy, education, conciliation, and attorney referrals to victims of illegal housing discrimination, which includes discrimination based on race, color, religion, national origin, sex, disability, familial status, age, and martial status. The Fair Housing Center provides services in six Michigan counties including Ingham County. Total Fair Housing Center-aided settlements now exceed $1,750,000.

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