- Fair Housing Center of Metropolitan Detroit

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FAIR HOUSING NEWS
Newsletter of the Fair Housing Center of Metropolitan Detroit
Suite 1020
220 Bagley
Detroit, Michigan 48226-1426
(313) 963-1274
Fax (313) 963-4817
[email protected]
www.fhcmetrodetroit.org
Volume 35, No. 1
15th ANNUAL FAIR HOUSING
LEADERSHIP AWARDS RECEPTION
On September 20, 2012 the Fair Housing Center of Metropolitan Detroit (FHCMD) was pleased present three Fair Housing Leadership Awards and the Marvin Thomas Service Award at the Center’s
15th Annual Fair Housing Leadership Awards Reception. The Reception was held at the Dossin Great Lakes Museum on Belle Isle, in
Detroit. Recipients of the Fair Housing Leadership Awards were: Dr.
James M. Cambridge, Tom Kotzian, J.D., and Huntington Management
Company, Cynthia Jones, Executive Director. The Marvin Thomas Service Award was presented to former FHCMD Assistant Coordinator
of Investigations and Testing, Pamela Kisch.
Award recipients Pamela Kisch, Tom Kotzian, Cynthia Jones and
Dr. James M. Cambridge.
Dr. Cambridge was recognized for his support of the renter of
his condominium unit who needed a service animal in spite of the
efforts of the condominium associates to exclude the animal. Tom
Kotzian, manager and associate broker with Keller-Williams, Lakeside, has spent years providing fair housing training to members of
the real estate sales industry, helping to keep thousands of real
estate professionals aware of fair housing laws and practices. Similarly, Cynthia Jones makes sure that employees of Huntington Management and the Boards of Directors of housing cooperatives managed by her firm, follow fair housing laws. Marvin Thomas was Pamela
Kisch’s supervisor and mentor when she worked for the FHCMD in
the early 1990s. Ms Kisch continues to be the nationally respected
Executive Director of the Fair Housing Center of Southeast Michigan.
FHCMD Board Chairperson Noel J. Saleh accepts a check from officers of
the Southeast Michigan Coalition for Fair Housing and Equal Opportunity:
Elaine Adkins, Joyce Beverly, Dale Smith and Bobbi Sexton.
February, 2013
SEMCOG INCLUDES FAIR HOUSING
CONCERNS IN REGIONAL
HOUSING STRATEGY
For over one year (in 2011/2012) a Regional Housing Strategy
Task Force of the Southeast Michigan Council of Governments (SEMCOG), chaired by Brenda Lawrence, Mayor of the City of Southfield,
met to develop recommendations and plans for a “Regional Housing Needs and Neighborhood Resiliency Strategy for Southeastern
Michigan.” At the invitation of SEMCOG, staff from the Fair Housing Center of Metropolitan Detroit participated in the Task Force meetings. Aided by the patient and insightful guidance of SEMCOG Planner, Kevin Vettraino, the Task Force developed a comprehensive list
of 36 Federal, State and Local policy recommendations that were officially adopted at SEMCOG’s General Assembly on November 8, 2012.
Among the 36 recommendations, that were adopted by and
addressed to SEMCOG members, were several that addressed fair
housing issues, including:
-Support federal housing policy that encourages equal access to
housing opportunities for all persons.
-Educate and inform local officials, general public and landlords
of fair housing laws and best practices.
-Establish, where applicable, a Human Relations Commission
whose focus is on fostering mutual self-respect and understanding and
promoting amicable relations among all racial, religious and ethnic
groups.
-Prioritize incentives for rental preservation and affordable
housing in areas that are transit accessible, and near employment
opportunities and services.
The FHCMD is pleased to see SEMCOG provide official encouragement for actions to support fair and equal housing opportunities.
Given the fact that the metropolitan Detroit residential area remains
one of the most racially and ethnically segregated in the United States,
there is much work for us to do, together.
15th RECEPTION (continued)
As in previous years, the Fair Housing Leadership Awards
Reception brought together a large number of fair housing supporters, from both within and outside of the housing industry. For many,
the visit to the Dossin Great Lakes Museum was a very welcome “first”
to the Museum and to beautiful Belle Isle Park. The outstanding physical location was a very welcome compliment for an appreciative
group of fair housing supporters who responded with warmth and
thankfulness to the award recipients who have done so much to further fair and equal housing opportunities. The music provided by
Taslimah Bey and her friends, along with the tasty refreshments provided by Golden Spice Catering, were welcomed and appreciated
by those in attendance.
Special recognition was given during the Reception to the work
of, and the financial support provided to this and previous receptions
by, the Southeast Michigan Coalition for Fair Housing and Equal
Opportunity. This Coalition of 14 Southeast Michigan Boards and
Associations of Realtors provided special fair housing conferences and
workshops since the early 1990s for hundreds of real estate sales
(continued on page 4)
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Fair Housing News
Page 2
FHCMD CASE UPDATES
The Fair Housing Center of Metropolitan Detroit (FHCMD)
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 FHCMD were paid for with funds made available from the U.S. Department of Housing and Urban Development.
CLOSED CASE
United States of Amercica v French and French
In the last issue of Fair Housing News (Vol. 34, No 3, September, 2012) it was reported that the U.S. Department of Housing and
Urban Development (HUD) issued a charge of unlawful housing discrimination against David and Paula French, owners of a house for
rent in Hudson, Michigan. That charge of racial discrimination led
to a Federal Court lawsuit filed by the U.S. Department of Justice, on
behalf of Clare and William Rembis. FHCMD and FHC Southeast
Michigan Cooperating Attorney, Jonathan C. Weber, representing the
Rembis family, has informed the FHCMD that the parties were able
to arrive at a settlement, entered as a Consent Order, calling for the
payment of $12,500 in damages to the plaintiffs, and requiring fair
housing training for defendant Paula French.
Mr. and Mrs. Rembis originally filed this complaint in 2008 with
the FHCMD. Testing by the FHCMD disclosed evidence that supported their claim of racial discrimination. A complaint was filed with
HUD, prompting a very detailed “charge” with the recommendation
of a $16,000 payment to the Rembis family. After filing the complaint
in Federal Court, Assistant U.S. Attorney Susan K. DeClerq assisted
in negotiating the $12,500 settlement. The case was filed before Hon.
John Corbett O’Meara.
NEW FILINGS
FHCMD v Shelby Park Manor 4 & 5
The Fair Housing Center of Metropolitan Detroit (FHCMD) has
assisted in the filing of over 400 complainants of unlawful housing
discrimination in state or federal courts since the Center was organized in 1977. The filing of this complaint against Shelby Park Manor
marks only the sixth time that the FHCMD has become a plaintiff in
any of the 400+ lawsuits. It does so in this case because of the weight
of the evidence supporting the Center’s allegations of unlawful discrimination by the defendant and because of the current lack of other
potential plaintiffs in this matter.
FHCMD Cooperating Attorney John Obee has now informed
FHCMD that a formal administrative complaint has been filed with
the U.S. Department of Housing and Urban Development (HUD) and
a housing discrimination lawsuit has been filed in U.S. District
Court before Judge Victoria A. Roberts on behalf of the FHCMD against
Shelby Park Manor. Based on testing evidence compiled in a HUD
funded project, the FHCMD is charging Shelby Park Manor with racial
and familial status discrimination. The evidence includes statements that “no kids” are allowed at Shelby Park, and the provision
of more favorable information to white testers than was provided to
comparable African American testers. Among the remedies being
sought by the FHCMD are fair housing training, monitoring and testing programs for the defendants, implementation of an affirmative marketing program and continuing Court jurisdiction of the case for five
years. Special “Thanks” to FHCMD Coordinator of Testing and
Investigations, Al Young, FHCMD Systemic Testing Coordinator,
Engela Bertolini, FHCMD Legal Services Coordinator, Michael
Olshan, J.D., and the very reliable FHCMD testers for their special
work on this case.
CONNECTICUT CASE CHALLENGES
“TWO PERSONS PER BEDROOM”
POLICY
The Consent Order agreed to by the parties in a recently settled
familial status lawsuit (USA and Emery v Landings Real Estate Group,
et al) includes language that prohibits the defendant from “Imposing,
maintaining or enforcing an occupancy policy that is more restrictive than the applicable local occupancy code.” The defendant, in
refusing to rent a two bedroom unit to five persons (a mother with
four children) had argued that it was maintaining a legal “two-person-per-bedroom” limit and the family exceeded that limit. For many
years private fair housing groups, public and private fair housing trainers and fair housing enforcement agencies have accepted the “twoperson-per-bedroom” policy unless there was clear evidence that such
a policy would be unreasonably restrictive.
This Connecticut case was initially filed with, and tested by, the
Connecticut Fair Housing Center before referral to HUD and DOJ.
The investigation included a review of State of Connecticut and City
of Groton fire and occupancy codes, and concluded that in view of
“the local and state governmental occupancy restrictions, the occupancy limitation imposed by the Defendant unreasonably limited the
ability of families with children to rent the property.”
Given the high probability that most state and local government
occupancy codes will allow for maximum occupancy limits greater
than “two-persons-per-bedroom”, and the willingness of HUD and
DOJ to directly challenge that policy in this case, there is the possibility that there will be an increase in the number of challenges to
the “two-person-per-bedroom” policy. Congratulations to our friends
at the Connecticut Fair Housing Center for successfully pursuing this
case and for securing a $40,000 settlment for the plaintiff, Kandi
Emery.
FHCMD BOARD MEMBERS
After several years of services on the FHCMD Board of Directors, in September, 2012 Attorney Angelita Espino resigned from the
Board and moved to New Orleans. The FHCMD extends THANKS
and BEST WISHES to Attorney Espino. The Board has also received
a letter of resignation from Attorney John Obee, who is now representing the FHCMD in a housing discrimination lawsuit. The other
18 members of the Board continue: Attorney Noel J. Saleh, Chairperson; Attorney Emily C. Hall, Vice-Chairperson; Louistine Larry, J.D.,
Secretary; Mirriam Livingstone, Treasurer; Dr. Eitoile Libbett, Attorney Margaret L.M. Brown and Bradley Hoth on the Executive Committee. The other Board members are: Kae Bradley, James L. Bush,
Evelyn Caise, Ben Davis, III, Hector Hernandez, Lucy H. Maddox,
Vernon Shadd, Freda Sampson, John C. Schwab, Dr. David Snider and
Terry Ward.
HUD ISSUES “DISCRIMINATORY
EFFECTS” STANDARD
The U.S. Department of Housing and Urban Development
(HUD) has issued a Regulation describing HUD’s plans to implement
the Fair Housing Act’s Discriminatory Effects Standard. The notice
can be found in the Federal Register of February 15, 2013 at 24 CFR
Part 100. According to the notice HUD “...has long interpreted the
Act to prohibit practices with an unjustified discriminatory effect,
regardless of whether there was an intent to discriminate. Through
this final rule, HUD formalizes its long-held recognition of discriminatory effects liability under the Act...” Although none of the 400+
lawsuits assisted by the FHCMD since it was organized in 1977 have
relied on a showing of “discriminatory effects” to establish liability,
the HUD Regulation may result in an increase in “discriminatory
effects” cases in the metro Detroit area.
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Fair Housing News
Page 3
“THANK YOU” TO 2012 SUPPORTERS OF THE
FAIR HOUSING CENTER OF METROPOLITAN DETROIT
The Fair Housing Center of Metropolitan Detroit (FHCMD) expresses its thanks and appreciation to the many individuals, organizations,
foundations, businesses, housing providers, financial institutions and government agencies that provided support, in many ways, to the work
of the organization in 2012. The following lists include many of the individuals and organizations that have made financial contributions to,
entered into contracts for the provision of fair housing services with, or made other significant contributions to the work of the FHCMD. The
contributions and contracts for fair housing services makes it possible for FHCMD to have a positive impact for fair and equal housing opportunities in the metropolitan Detroit area. THANK YOU!!!
INDIVIDUAL MEMBERS/CONTRIBUTORS/SUPPORTERS/FRIENDS
Elaine Adkins
Chris A. Aikens
Scott Allen
Martha A. Alston
Susan Antisdal
Michael Appel & Ruth Kraut
Sheldon and Elizabeth Appleton
Mark A. Armitage, Attorney
Laura M. Bassett, Attorney
Gregory Bator, Attorney
Robert Beale
Mary Bejian
Engela Bertolini
Joyce Beverly
Sebastino Biondo
Joan Blair, Attorney
Tonette Bledsoe
Kelley Boddie
Patti-Ann Bossert
Kae Bradley
Leah Brewer
Attornehy Kristen Bros
Robert & Janet Browder
Margaret L.M. Brown, Attorney
Cheryl Bukoff, MSW
James Bush & Rev. Juanita Peek-Vary
Marlene Cain
Evelyn Caise
Dr. James Cambridge
Carol Campbell
Joanne A. Campbell
Ruth Carey & James Crowfoot
Frank Carswell
Tanya Cofield
Gail Clark
Lloyd & Sandra Clemons
Hon. Sheila Cockrel
William Collon
Jack M. Combs
Pete Costa
Thomas Costello, Attorney
Susan Corbin & Dan Krichbaum
Lona A. Council
Paula R. Creed, Attorney
Michelle P. Crockett, Attorney
Robert Curran
Rebecca J. Daniels
Tim Daniel
Michelle DaRos
Alton & Regina Davis
Benjamin Davis, III
Jim & Lynn Davis
Joanne M. Davis
Timothy Davis
Regina Powdrill Davis
Sr. Cathy De Santis
Karen K. Drake
Walter E. Douglas
Atty. Laura and Andre Dudley
Stuart Elsea
Angelita Espino, Attorney
Leslie Lewiston Etterbeck
Dr. Freeman Farrow, Attorney
Kathie Feldpausch
Marcia Femrite, Attorney
J.M. Finnegan, Atty.
Atty. Michael and Deborah Fisher
David Foster
Fred Freiberg & Atty. Diane Houk
Avery Friedman, Atty.
George Galster, Ph.D.
Arthur J. Genser
Joel L. and Delta Gibson
Vicki & Gary Gillette
Selma Goode
Jesse F. Goodwin, Ph.D.
Andrea Gould
James Graham
Atty. Saul & Diane Green
Dr. Karl D. Gregory
Atty. Fred & Linda Gruber
Daniel Gwinn, Attorney
Emily C. Hall, Attorney
Patricia Hall
Phyllip & Alycia Hall
Clio Hanks
Hon. Katherine L. Hansen
Michael Harris
Albert & Kathryn Harrison
William Arthur Hart, IV
Nusrat Hasan, Attorney
Sonya Hathe
Denise M. Heberle, Atty.
Hector Hernandez
Otto Hetzel, Attorney
Judith A. Hill
Nigel & Katie Hinds
Bradley Hoth
Rick Hovarter
Atty. Roland & Christina Hwang
Norman Hyman, Attorney
James Inglis
Lynne & John Isaia
Hassan Jaber, E.D.
Pat Jacobs
Alan & Diane Jacobson
Burney Johnson
Cindy Jones
Lynn Kacy
James F. Kaschalk
Pamela Kisch & Atty. Paul Sheer
Susan & Hal Koss
Liz Mancini Koto
John Nussbaumer, Attorney
Charles Shanaman
Tom Kotzian
Atty. John & Janice Obee
Dorothy J. Sheldon
Albert D. LaFonte, IV
Michael and Faye Olshan
Thomas G. Shepherd
Richard Lampi
Daniel R. O’Neil, Attorney
Thomas Shumaker
Louistine Larry, J.D.
Beatrice Paige
Jaye Simpson
Michael K. Lee, Attorney
Hon. Linda Parker
Frederick Simpson
Judith Levy, Attorney
Ted Phillips, Attorney
Abraham Singer, Attorney
Maryellen Lewis
Lara Pierce, Attorney
Dale E. Smith
Dr. E’toile L. and David Libbett
Jim & Cindy Pierson
David Snider, Ph.D. & Judith Snider
Sue L. Littles
Yvonne Poindexter
Steve Spreitzer
Mirriam & George Livingstone
Roseanna Powell
Carlton & Bonnie Speck
Lucy H. Maddox
Carol Provebzano
Mary Stadel
Attorneys Mark Magidson &
Rev. Larry Quanbeck
Elizabeth Stafford, Attorney
Rochelle Lento
Mary Ratkowski
James & Lisa Stevenson
Leslie R. Malcolmson
J.R. Reagan
Kathleen N. Straus
James L. Maniere
Atty. Lee and Shellie Ravitz
David Stringer, Attorney
Richard & Joy Marks
Attorneys Pramada Reddy & Greg
Darlene Taylor
Luis Marquez
Abler
Ellen M. Tickner, Attorney
Bill Martin
Jim Reuschlein
Michael Tobin
Marilyn Mayberry
Ronald Rice, Attorney
Rick Tolle, Attorney
Ursel Mayo
Rochelle Ricks
Stephen Tomkowiak, Attorney
Dr. Tyra McKinney
Atty. Noel J. Saleh & Anan Ameri,
Kevin Trealout
Lynn Merrill
Ph.D.
Patricia G. Valerius
Regina L. Meo, Attorney
Dr. Juliet Saltman
Robert Vallina
Nancy Merdzinski
Freda Sampson
Dennis Varian
Roger L. Meyers
Erica Sanders
Terry & Glenda Ward
Hon. Beatrice Millender
Laura Schlecte
Jonathan Weber, Attorney
Charles R. Miller, Jr.
P. Rivka Schochet, Attorney
Larry & Lee Weber
Joyce & Atty. Richard Mittenthal
Christa Schrupp
Brian Westrin, Attorney
John Mogk, Attorney
Clifford C. Schrupp
Ann Wettlaufer
Columbus and Karen Moore
Lowell R. Schrupp, D.D.
Robert L. Willis, Attorney
Hon. Claudia Morcom
Attorneys Mark Schrupp & Leah
Norvena Wilson
Kary Moss, Attorney
Maguire
Debra Bizzell-Wood
Marilyn Mullane, Attorney
Theresa Schurman
Atty. Michael Yales and Nancy Sabol
Irmgard Mudie
Jack Schwab
Albert D. Young
Reuben Munday, Attorney
Vernon Shadd
Jerry Young
William Nill
Keith Norman,
Attorney
ORGANIZATIONAL MEMBERS/CONTRIBUTORS
IN HONOR OF, MEMORIALS, BEQUESTS
John & Janice Obee in Memory of Eugene Obee
Gayle Rosen, Attorney, in Honor of Pamela Kisch
Lee & Larry Weber in Memory of Marvin Thomas
CONTRACTORS, PURCHASERS AND USERS OF FHCMD SERVICES
ACME Investments, Inc.
Beneicke Group
Community Development Associates
City of Dearborn
City of Dearborn Heights
Cormorant Company
Elizabteth Dole Manor
Elite Management
Flint Housing Commission
Huntington Management
Independent Management Services
Lautrec Management
Lewis Associates
Lexington Apartments
City of Livonia
Michigan Association of Realtors
Michigan Department of Civil Rights
Michigan Roundtable for Diversity and
Inclusion
Morton Manor
Peak Management
Ronnie Peterson Apartments
Premier Property Management
City of St. Clair Shores
City of Southfield
City of Taylor
Tithe Properties
University of Michigan Law School
U.S. Department of HUD
The Urban Institute
Village Green Shared Services
City of Warren
Waterford Township
Wayne County
Wayne State University Law School
City of Westland
Westland Colonial Village
Wynnestone Communities
ACCESS
Ann Arbor Board of Realtors
Associated Management Company
Banker & Associates
Bator, Berlin & Gwinn
Bolton Johnson Realtors
Caise & Associates
Century 21, Curran & Christie
COMERICA Charitable Foundation
Continental Management Co.
Constitutional Law Offices
Consumers Energy Foundation
DTE Energy Foundation
City of Dearborn
Dearborn Federal Savings Bank
Detroit Association of Realtors
Detroit Metropolitan Apartment
Association
Downriver Association of Realtors
Episcopal Diocese of Michigan
FHC of Southeast Michigan
FHC of Southwest Michigan
FHC of West Michigan
City of Farmington Hills
Marcia Femrite Law Office
Fidelity Bank
First Independence Bank
First State Bank of East Detroit
Flagstar Bank
Fourmidable
Full House Marketing
Green Hill Apartments
Grosse Pointe Board of Realtors
Group Five Management
Hall & Hunter
The Hayman Company
Huntington Management Company
Huntington National Bank
Independent Management Services
Keller-Williams, Brighton Market Center
Keller-Williams, Lakeside
Keller-Williams, Troy
Kidsmart Software
L R Management Services
Lautrec LTD
Lee & Associates
League of Women Voters of Metro Detroit
Lewis Associates
City of Lincoln Park
City of Livonia Housing Commission
Lombardo Hones
Mark Magidson Law Office
Michigan Association of Realtors
Michigan Department of Civil Rights
Michigan Roundtable for Diversity and
Inclusion
Mich. State Housing Development
Authority
Miller, Canfield, Paddock & Stone, PLC
MooreDot-Com.
Nextpointe Real Estate
North Oakland County Board of Realtors
Oakland County Real Estate Brokers
Association
Pearl Insurance
Plymouth Housing Commission
PNC Foundation
Premier Property Management
Presbyterian Villages of Michigan
Prudential HWWB Realtors
Quicken Loans
R & R Management
Real Estate One
Real Estate Today
The Charles Reinhart Co.
River Bend Apartments
City of Royal Oak
Law Office of Noel J. Saleh
Salem United Church of Christ
Team Schlecte
Southeast Michigan Coalition for Fair Housing
Sol & Doris R. Swiss Foundation
Law Office of Steve Tomkowiak
Unified Property Group
U.S. Suburban Building Co.
VETA ID Co.
Village Green Companies
Wood Kull Herschfus Obee & Kull
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Fair Housing Center of
Metropolitan Detroit
Non-Profit Org.
U.S. Postage
PAID
220 Bagley, Suite 1020
Detroit, Michigan 48226-1426
Detroit, MI
Permit No. 1341
Return Service Requested
FHCMD SETS DATES FOR
ATTORNEY AWARDS RECEPTION
April 18, 2013
and
FAIR HOUSING LEADERSHIP AWARDS
RECEPTION
September 17, 2013
The FHCMD has selected Thursday, April 18, 2013 as the date
for the Center’s Sixth Annual Attorney Awards Reception. The Reception is scheduled for 5:30 - 7:30 PM at the Detroit Historical
Museum. Tickets are available from the FHCMD or at the door for
$50.00 per person. Light refreshments will be provided. The Attorney Reception provides an opportunity for the FHCMD to express
thanks to members of the legal profession who have assisted the cause
of fair and equal housing through their legal work.
Tuesday evening, September 17, 2013 is the date selected for
FHCMD’s Sixteenth Annual Fair Housing Leadership Awards Reception. Scheduled to begin at 5:00 and conclude by 7:00 PM, this event
will be held at the Dossin Great Lakes Museum located in Detroit’s
Belle Isle Park. Tickets are available from the FHCMD or at the door
for $50.00 per person. Light refreshments will be provided. The event
has been supported by major corporate sponsors. For information
about sponsorships or tickets for either event, please contact Tanya
Cofield or Cliff Schrupp at the FHCMD office (313-963-1274).
15th RECEPTION (continued from page 1)
agents and brokers. In 2012 the group dissolved and donated their
remaining funds (over $9,000) to the work of the FHCMD.
The Reception served as a fundraising event for the FHCMD, with
special THANKS to major contributions from the following firms:
Gold Sponsors
Flagstar Bank
Southeast Michigan Coalition for
Fair Housing and Equal
Opportunity
Silver Sponsors
Lautrec, LTD
Michigan State Housing
Development Authority
Bronze Sponsors
Caise and Associates
Comerica Incorporated
Independent Management Services
L.R. Management
Michigan Association of Realtors
Miller Canfield Paddock & Stone
PNC Financial Services
Presbyterian Villages of Michigan
Unified Property Group
Village Green Companies
Wood Kull Herschfus Obee and
Kull
Patron Sponsors
The Associated Management
Company
Century 21, Curran & Christie
Continental Management
Detroit Metropolitan Apartment
Association
First Independence Bank
Green Hill Apartments
Group Five Management
Huntington National Bank
Huntington Management Company
North Oakland County Board of
Realtors
Pearl Insurance
Prudential HWWB, Realtors
Real Estate One
River Bend Apartments