- Fair Housing Center of Metropolitan Detroit

FAIR HO\JSING NEWS
Newsletter of the Fair:Housing Center of Metropolitan Detroit
Suite 1020
220 Bagley
Michigan 48226-14Ul
D~i1
(313)963-1274
Fax (313)963-4817
[email protected]
Volume 31, No.2
Mat 2009
PAMELA E. RODGERS
and
NANCY M. SCHLICHTING
TO SERVE AS
HONORARY
Pamela E. Rodgers, Owner
Rodgers Chevrolet
CO-CHAIRPERSONS
OF
FHC's 2009
MEMBERSHIP/CONTRIBUTION
DRIVE
Nancy M. Schlichting, President and the Chief Executive Officer of the Henry Ford Health System and Pamela E. Rodgers, Owner
of Rodgers Chevrolet have agreed to serve as the Honorary Co-Chairpersons of the Fair Housing Center's 2009 Membership/Contribution
Drive. Since the first campaign in 1983 the FHC Membership/Contribution
Drives have provided very necessary financial
support to help FHC's fair housing enforcement and education programs. This year, given the difficult economic conditions in Michigan and throughout the nation, providing financial support for FHC
is likely to be extremely difficult, but is even more necessary than in
any previous year. Ms. Rodgers and Ms. Schlichting are helping FHC
maintain its critical fair housing services.
Rodgers Chevrolet is located in Woodhaven and has been
owned by Ms. Rodgers since 1996. Under her direction Rodgers
Chevrolet has received Chevrolet's Mark of Excellence Award every
year since 2000 and the General Motors President's Award in 2003
and 2004. Ms. Rodgers observed that "At a time when the economy
is a challenge to all of us, the added burden of facing practices of
unlawful housing discrimination may seem like a challenge not
worth fighting. Fortunately, we have a strong ally when the doors to
housing are closed because of race, national origin, sex, disability status or other protected characteristic - the Fair Housing Center of
Metropolitan Detroit. Their efforts deserve the support of all of us."
A graduate of the University of Michigan (B.A.) and Duke University (M.B.A.) Ms. Rodgers is very active in the metropolitan
Detroit community, serving on the Board of Directors of several organizations, including the Southeastern Michigan Community Foundation, New Detroit, Inc., the Detroit Black Chamber of Commerce
and the Detroit Riverfront Conservancy. She celebrates diversity, noting that "Automobiles have made it possible for us to move from home
to employment, from nearby relatives to distant cousins, from holiday trips to vacation journeys with both ease and comfort. But automobiles were not designed to have a direct impact on the diversity
of our neighborhoods and communities. Making that impact is up to
us - and our willingness to adhere to the letter and spirit of fair housing laws. The Fair Housing Center, with the assistance of automobiles
that help us get from here to there, assists us in building communities that reflect the great diversity of the metropolitan Detroit area."
Ms. Schlichting joined the Henry Ford Health System in 1998
and was named as the President and CEO of the System in 2003. She
Nancy M. Schlichting, President and CEO
Henry Ford Health System
is credited with leading the health system through a dramatic financial turnaround and for award-winning patient safety, customer service and diversity initiatives. In accepting the position of Honorary
CO-Chairperson, Ms. Schlichting remarked that: "The employees of
the Henry Ford Health System are diverse in race, national origin, religion, economic status and all of the very wonderful ways a work force
can be diverse. But all of the employees have one thing in common
- the need to reside in the housing of their choice without encountering unlawful discrimination. For o,yer thirty years the Fair Housing
Center has helped to provide equal housing opportunities for our
employees and the employees of firms, large and small, throughout
the metropolitan Detroit area. Your financial support will help FHC
provide fair housing services for all of our employees."
Ms. Schlichting received her A.B. from Duke University and her
M.B.A. from Cornell University. She is a Board member of many
groups, including The Kresge Foundation Board, the Detroit Regional
Chamber Board, the Greater Detroit Area Health Council Board and
the Detroit Economic Club Board. A hallmark of her career is working with community, legislative and business leaders to improve health
services while providing affordable care. She noted that "Excellent
health is more than a personal need of avoiding diseases and curing
illnesses. Excellent health is also a social need that engages the total
community in supporting and uplifting one another. Practices of
unlawful housing discrimination divide us and are themselves evidence of a community that does not have excellent health. The Fair
Housing Center has been working, for over thirty years, to build a
healthy community where people can exercise their legal rights to
the housing of their choice."
Persons or organizations wishing to respond to the 2009 MemDrive may do so by completing the enclosed
2009 Membership/Contribution
Form and returning it, along with
your check, to FHC. A special funding request letter from the Honorary Co-Chairpersons is being sent to some corporate, religious, labor,
business, legal, governmental and other organizations that may wish
to make special donations to FHC. Contributions and membership
donations to FHC are needed, gratefully accepted, and tax-deductible
in accordance with IRS 501 (c) [3] regulations for private, non-profit,
tax-exempt organizations.
bership/Contribution
Fair Housing News
Page 2
FHC CASE UPDATES
The Fair Housing Center extends its thanks and appreciation to
the plaintiffs, testers, witnesses and attorneys who have assisted the
cause of fair housing by participating in the following litigations. It
is understood that in all cases reported in this newsletter the defendant, unless noted otherwise, denies the allegations of discrimination made by the plaintiff and, in "settled" cases, the parties have
agreed to resolve the case without a final determination by a jury or
court. Some of the tests and investigations conducted by FHC were
paid for with funds made available from the U.s. Department of Housing and Urban Development.
NEW CASES
lucy v Musa
FHC Cooperating Attorney John Obee, of the Wood, Kull, Herschfus, Obee & Kull law firm, has informed FHC that he has filed in
U.S. District Court a race and familial status discrimination lawsuit
on behalf of Kristy Lucy. The case has been assigned to Hon. Avern
Cohn, Senior Judge, Eastern District of Michigan.
- ----In
January, U08-~[ucy,
an African mencan fema e an&lredaughter attempted to rent a single family house from the owners of
a home in Troy, Michigan, Saadi and Nada Musa. In her complaint
Ms. Lucy states that after completing a rental application, in which
she indicated that her daughter was 10 months old, she was informed
that the owners of the property wished to meet with her prior to agreeing to lease the home to her. After seeing Ms. Lucy the complaint
charges that the owners "indicated that they did not want to lease to
someone with a child her age..."
Ms. Lucy, a Detroit Police Officer, contacted FHC and, after an
investigation by FHC, the case was referred to Attorney Obee. The
Federal complaint asks for an amount in excess of $75,000 for each
of four counts, alleging that "Kristy Lucy, despite being fully creditworthy to lease the home, was denied her right to lease the home by
Saadi Musa and Nada Musa both because of her race and because
of the age of her child."
1
Benkovich v Washington Park Village Condominium
Association, et al
Attorney Robert Meisner has informed FHC that he has filed a
housing discrimination
action on behalf of Robert and Kathy
Benkovich, owners of a condominium unit at Washington Park Village Condominium inMacomb County, Michigan. Mr.-Benkovich is
a person with a disability. The complaint alleges that the Association
and its management company refused to allow the construction of
an egress window and refused to designate a parking space in front
of.thelr, unit to accommodate Mr, B~cb:s
••dls.ahil.iJ:yJh~nt
alleges viOlations of the Fair Housing Amendments Act of 1988; NonCompliance with provisions of the Condominium By-laws; violations
of the Michigan Condominium Act; a Breach of fiduciary duties by
the Directors of the Association and the management company; and
violations of the Michigan Persons with Disabilities Act. The lawsuit
has been filed in U.S. District Court and has been assigned to Honorable Bernard Friedman.
PLEASE RESERVE SEPTEMBER 24, 2009
FOR FHC's TWELFTH ANNUAL
FAIR HOUSING LEADERSHIP
AWARDS RECEPTION
ADDITIONAL SPONSORS WELCOME
Since 1998 thirty-three (33) individuals and four (4) firms have
been recognized by FHC-Detroit for their efforts, as members of the
housing industry, to affirmatively further fair housing. Some of the
award recipients stood up to racially based intimidation from neighbors who did not want new neighbors who did not look like them;
(continued on page 4)
HIGHLIGHTS FROM THE 2008 UPDATE TO
THE ANALYSIS OF IMPEDIMENTS TO FAIR
HOUSING CHOICE FOR THE STATEOF
MICHIGAN
As was noted in the December, 2008 edition of Fair Housing
News, the Michigan Fair Housing Centers (MFHC) completed and submitted to the Michigan State Housing Development Authority
(MSHDA) a U.S. Department of Housing and Urban Development
(HUD) required "Analysis of Impediments to Fair Housing Choice in
Non-entitled Areas of the State". The article noted the excellent work
of the Principal Investigator, Maryellen J. Lewis, for the "Analysis",
and the very helpful support provided by MSHDA staff persons and
staff persons from each of the four participating Michigan Fair Housing Centers. However, the December article did not discuss the substance of the 262 page "Analysis" - an omission that this article will
address.
The "Analysis" focused on "impediments to fair housing choice"
in the 1,500+ smaller counties and communities in Michigan (cities
with less than 50,000 residents and non-urban counties) and on
MSHDA housing programs and policies throughout the State of
Michi an. The purpose of the "Analysis" is to identify policies or practices of government entities ana/or private fii'hlsor ifidividuals that
limit the exercise of housing choice by persons protected under the
Federal Fair Housing Act.
Copies of the Executive Summary and the "Chapter 8: Findings
and Recommendations" and/or a CD of the entire document, are available from the FHC-Detroit office.
Beginning with a review of the "Findings" from the previous
(1998) "Analysis", the current "Analysis" noted that the Michigan
Department of Civil Rights (MDCR) had, after the selection of Linda
Parker as the Director of the Department in 2004, taken a number
of positive steps to address fair housing issues, including steps that
increased the number of complaints from the smaller cities and counties in Michigan from 20/year between 1998 - 2003, to 84 per year
between 2004 and 2007. The "Analysis" also noted that the fair housing testing services that MSHDA regularly used prior to 2003 (as a
way to monitor the practices of MSHDA assisted housing providers)
were no longer being used by MSHDA.
The "Analysis" then noted the increasing racial and ethnic
diversity of the State, including the smaller counties and cities in the
State, and paid particular attention to allegations by tribal leaders and
service providers to American Indians of serious practices of unlawful housing discrimination encountered by many American Indians
living off-reservation in Michigan. Since nearly 50% of the nation's
population moves to different housing in any five year time span, the
"Analysis" cited " ...an ongoing need to assure that those moves will
not be limited by policies or practices of unlawful housing discrimination."
In 2005 and 2007 the State of Michigan enacted legislation that
provides opportunities for units of g~)V~r.nl]'lentto ~vise their mas- __
ter plans and zoning ordinances. The "Analysis" recommends that this
presents an opportunity " ...for MSHDA to seek to embed Fair Housing Principles, guidelines and goals into the operating framework of
every Michigan jurisdiction." In this regard, the "Analysis" noted that
a large number of the local units of government in Michigan had
legally deficient definitions of "family" in their zoning ordinances that
would not allow for the presence of "group homes for persons with
disabilities" in residential neighborhoods.
The "Analysis" found that between 1998 and 2007 there were
complaints of unlawful housing discrimination and/or "hate crimes"
filed with government agencies and/or private fair housing groups in
nearly all of the 83 counties in Michigan. Fair housing testing by the
MFHCs between 1998 and 2007 revealed that: of 180 tests of nonMSHDA assisted properties, 65 (36%) disclosed evidence of discriminatory treatment by the housing provider; while 49 (23.4%) of
the 209 tests of MSHDA assisted properties revealed discriminatory
treatment. Although the lower levels of "evidence" in the tests of
MSHDA assisted properties suggests that MSHDA fair housing educational activities with housing providers have been effective, the
23.4% level of discriminatory treatment still exceeds the 0% level
required by fair housing laws.
Fair housing laws also prohibit unlawful discrimination in the
financing of housing, and the "Analysis" found that the Michigan data
reviewed " ...indicate that discriminatory practices persist in the provision of financial services in the housing sector." However, the "Anal-
Fair Housing News
ATTORNEY MARK MAGIDSON and THE
LAW FIRM OF LEWIS & MUNDAY
HONORED AT SECOND ANNUAL
ATTORNEY AWARDS RECEPTION
The Fair Housing Center of Metropolitan Detroit honored Attorney Mark H. Magidson and the law firm of Lewis & Munday at its Second Annual Attorney Awards Reception on April 23, 2009. The
Attorney Awards Receptions provide an opportunity for FHC to
express its appreciation to the attorneys and law firms that have
assisted FHC help enforce fair housing laws in the metropolitan Detroit
area. Attorney Magidson has represented plaintiffs in 29 of the 395
housing discrimination lawsuits that have been assisted by FHCDetroit since it was organized in 1977. The Lewis & Munday law firm
has represented plaintiffs in 16 lawsuits, including two in which FHCDetroit was a plaintiff.
In presenting a Fair Housing Advocate Award to Attorney Magidson, FHC Vice Chairperson, Attorney Emily C. Hall, noted Attorney
Magidson's long involvement as an FHC-Detroit Cooperating Attorney and his 15 years as a member of the FHC-Detroit Board of Directors. She also noted his early beginnings with the Wayne County
Neighborhood Legal Services and his membership in the National
Lawyer's Guild. Attorney Magidson expressed his appreciation to FHC
and his willingness to continue accepting and litigating casesof unlawful housing discrimination referred to him by FHC-Detroit.
FHC Board Chairperson, Attorney Noel J. Saleh, presented the
Fair Housing Advocate Award to the Lewis & Munday law firm, represented at the Reception by Reuben A. Munday, Shareholder and
Director of the firm. Mr. Saleh recognized, with much appreciation,
the 13 current and former Lewis & Munday attorneys who worked
on the FHC-Detroit referred cases. Mr. Munday, who was directly
involved in several of those cases, also assisted FHC through his membership in The Renaissance Club. Thanks to his endorsement, the Club
has opened its doors for each of FHC's eleven annual Fair Housing
Leadership Awards Receptions. In accepting the award Mr. Munday
also indicated the willingness of his firm to continue accepting and
working on FHC-Detroit referred housing discrimination lawsuits.
The Reception was held at the Detroit Historical Museum, with
many of those attending expressing great pleasure with the location
for the Reception. Ms. Taslimah Bey provided keyboard entertainment
for the evening and Mr. Deandre Fowler, a former student of Ms. Bey,
provided two very nice vocal solos. Extremely tasty hors d'oeuvtes
were served by Golden Spice Catering.
Highlights
(continued from page 2)
ysis" also notes that MSHDA has " ...demonstrated its commitment as
a strong and able partner during Michigan's current foreclosure crisis. MSHDA has partnered with, and provides resources for, foreclosure prevention initiatives across the state, including loan workouts as well as counseling and financial services."
.
Contacts by the MFHC "Analysis" staff with a wide variety of
housing providers, housing consumers, attorneys, government and
social service agency employees produced some interesting and valuable comments. When speaking with lower income housing consumers, it was often noted that many of those residents would like
to move closer to their place of employment " ...but are finding it hard
to locate housing that fits their budget." One attorney, when asked
"How often do developers and builders encounter resistance from
local communities
proposing affordable housing projects?",
responded: "Always". There were many persons contacted who
observed that " ...the vast majority of citizens have no idea of what
their rights are nor do they know what to do if they feel that they have
been discriminated against".
The "Analysis" reviews "what is being done" by MSHDA, HUD,
MDCR and the MFHCs to remove impediments to fair housing
choice, and concludes that - in spite of the serious economic woes
in the nation and in Michigan - " ...the goal of fair and equal treatment for housing consumers requires that we shift priorities sufficiently
to more fully address the fair housing needs of Michigan." To that end,
the "Analysis" recommends that " ...if a planned housing decision, by
a unit of government or housing provider, does not increase the possibility that protected group persons will be able to secure housing
in the community on an equal basis as other persons, then the decision makers should carefully weigh the possible fair housing consequences of the planned decision."
Page 3
PHOTOS FROM
ATTORNEY AWARDS RECEPTION
Attorney Reuben Munday
Attorney Mark Magidson
Attorneys Emily C. Hall and
Reuben Munday
FHC Legal Services Coordinator,
Michael Olshan and Attorney
Mark Magidson
Assistant U.S. Attorner judith
Levy and Attorney Noe j. Saleh
FHC Board members Attorney
Margaret Brown and
Evelyn V. Caise, Ph.D.
Vocalist, Deandre Fowler and
Pianist, Taslimah Bey
FHC Board member David Snider,
Ph.D., and Assistant U.S. Attorneys
judith Levy and Elizabeth Stafford
Attorney Marilyn Mullane, Bev
McDonald and Attorney james
Sheehan
Attorneys john Obee, Emily Hall,
Marilyn Mullane and Saul Green
Fair Housing News
Page 4
NOTES FROM THE MICHIGAN
FAIR HOUSING CENTERS
Please Reserve
(continued from page 2)
others have challenged the unlawful and discriminatory requests of
sellers, employers or other housing providers; some have conducted
or implemented fair housing training or self-testing programs in settings that were not always comfortable; others engaged in affirmative fair housing marketing programs to help ensure that all persons
had an opportunity to obtain the desired housing. Indeed, FHCDetroit's Fair Housing Leadership Awards Receptions have become
what FHC-Detroit had hoped when the first reception was held in
1998: an opportunity to recognize the many significant contributions
to the achievement of fair and equal housing opportunities made by
persons in the housing industry.
As has been true with the previous 11 Receptions, the event will
be held atThe Renaissance Club on the 36th Floor of the 200 Tower
of the Renaissance Center in downtown Detroit. The Reception wi II
begin at 5:00 PM with very tasty hors d'oeuvres; the Award presentations will begin at 6:00 PM; and the Reception will be concluded
by 7:00 PM.
The Twelfth Reception provides another opportunity to recognize
housing industry individuals and firms that have "done the right
thi ng"-.Th-e-eventdlso-provides-,in opportun ity-fortirms and-organizations to sponsor the Reception and provide support for FHCDetroit's programs. FHC-Detroit welcomes corporate and organizational sponsor contributions for the Reception at the following levels:
Gold Sponsor:
$5,000
Bronze Sponsor:
$1,000
SiIver Sponsor:
$2,500
Patron:
$500
FHC-Detroit
expresses
THANKS
to the following
firms/organizations that have already agreed to be sponsors of the
Twelfth
Reception:
Flagstar Bank (Gold)
Huntington National Bank (Patron)
Lautrec, Ltd (Bronze)
L R Management Services Group (Bronze)
Michigan Association of Realtors (Bronze)
Michigan State Housing Development Authority (Bronze)
Midwest Management Services (Bronze)
New Detroit, Inc. (Patron)
Village Green Companies (Bronze)
Nominations for persons or firms for a Fair Housing Leadership
Award can be submitted to FHC on or before June 1, 2009. Nominating forms are available from the FHC office (313-963-1274).
Individual ticket donations for the Reception, at $50/person, will be
avai lable from the FHC office approximately four weeks prior to the
After over 15 years in a very confined office, the Fair Housing
Center of Southeast Mich igan (formerly known as the FHC of Washtenaw County) has moved to a:new, and more spacious office. Their
mailing address remains the same: P.O. Box 7825, Ann Arbor, MI
48107. Those who may wish to actually pay a visit to the reclusive
crew of FHC-S.E. Michigan may be able to obtain their street address
by phoning Pamela Kisch at their office: 734-994-3426. Congratulations to Pam, Executive Director and the staff and Board at FHCS.E. Michigan!!!
The Fair Housing Center of Southwest Michigan reports two very
successful Fair Housing Month Conferences: a full day Fair Housing
laws and litigation Training conference for attorneys held on April
2, 2009 led by Attorney Chris Brancart, a partner in Brancart & Brancart, a law firm specializing in fair housing litigation throughout the
United States. The next day, April 3, 2009, the Center sponsored a
very successful fair housing conference, A Home for Everyone, that
included presentations by Charles C. Warfield, Ph.D., the President
of the Metropolitan Kalamazoo Branch of the NAACP; Hon. Richard
A. Santoni, Chief Judge, 8th District Court; and F.Willis Caruso, Co--Execufive Di rector onne jomYlVIafSllallTaw SCnool-FairrtouSingLega-I-Support Center. Congratulations to Robert Ells, Executive Director of
FHC-S.W. Michigan and his staff for hosting two very important conferences.
Finally, the Fair Housing Center of West Michigan hosted its 22nd
Fair Housing luncheon and Workshop on April 22, 2009.
Among the many speakers at the Conference were FHC-Detroit
Cooperating Attorney and Board Member, John Obee, Partner in the
Wood, Kull, Herschfus, Obee and Kull law firm, and Attorney Kelvin
Scott, newly appointed Director of the Michigan Department of Civil
Rights.This conference has become a major event in the Grand Rapids
area. Congratulations to Nancy Haynes, Executive Director and the
staff at FHC-West Michigan for adding to their record of successful
and significant fair housing conferences.
Annual
Reception.
Fair Housing Center of
Metropolitan 'Detroit
220 Bagley, Suite 1020
Detroit, Michigan 48226-1426
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