Keep Housing Fair
Jessilyn Averill
Fair housing is the right to choose housing free from unlawful discrimination.
The right to fair housing is most notably protected by the Fair Housing Act, which was enacted under Title VIII of the 1968 Civil Rights Act.
For this year's MLK Holiday, we reflected in our blog on the Fair Housing Act, its roots in Black-led activism, and our unfinished work. We hope you will check it out.
Across the country there are housing access advocates educating their communities of fair housing discrimination. The Fair Housing Center of Southeast and Mid-Michigan (FHC Michigan), a member agency of Washtenaw Housing Alliance, focuses on making sure the law protecting a person's right to live where they want is upheld. One recent discrimination case FHC Michigan was able to settle in court was for an elderly resident who needed an accessible parking space at their apartment complex in Shiawassee County. Though a person's disability and right to reasonable accommodation is protected under the Fair Housing Act, disability discrimination complaints are the most common, making up over 60% of total complaints to the U.S. Department of Housing and Urban Development. FHC Michigan has successfully assisted many fair housing cases for those with disabilities. Their efforts make the difference to so many in our county who are not frequently accommodated in much of our existing built infrastructures.
There are multiple other ways in which a person searching for housing can experience discrimination. Many times, the discrimination a person experiences might not seem obvious to themselves or to the property owner/management company. This is most likely because the education and enforcement of the Fair Housing Act and other local protection ordinances in everyday tenant and landlord relationships are hard to consistently act on. Some common signs of housing discrimination could sound like, “We aren’t set up for children,” “Your credit isn’t good enough,” and, if trying to rent in Ann Arbor or Ypsilanti, "We no longer accept housing vouchers."
Property owners renting out housing can refer to FHC Michigan’s webpage on Fair Housing Law and its local ordinances. For a better understanding on Source of Income protections (i.e. renters paying their rent through a Housing Choice Voucher program) in Washtenaw County, click here for Ann Arbor’s ordinance (amended 2020) and click here to read Ypsilanti’s. As of August 2021, only ten municipalities in Michigan protect Source of Income. The Coalition to Expanding Housing Access is working to push for passing this type of protection across Michigan by the end of this year. We will keep you updated on the progress they make.
Another barrier, one that was exacerbated by the pandemic and the lifting of eviction moratoriums across the county, has been someone’s rental history being used to determine their ability to rent. Last month, State Senator Winnie Brinks introduced senate bill 949, which would seal certain eviction records to promote housing stability among low- to moderate-income families. “My legislation is just a start in this direction. I am eager to continue fighting for families who have struggled to keep up with the rising cost of housing over the last several years by removing this barrier to attaining safe, affordable housing.”
Finally, it should not be forgotten that there are many housing advocates demanding to expand fair housing protections to explicitly state in law that persons identifying as LGBTQIA+ are protected too. The “Fair and Equal Housing Act” would provide consistent and explicit non-discrimination protections for LGBTQIA+ peoples in housing by adding “sexual orientation” and “gender identity” as protected characteristics under the Fair Housing Act.
For those who have any reason to believe they have been the victim of housing discrimination in Clinton, Eaton, Hillsdale, Ingham, Jackson, Livingston, Lenawee, Monroe, Shiawassee or Washtenaw county, they can call (877) 979-3247 and/or email complaints@fhcmichigan.org. More information on what housing discrimination is and the support available to address it can be found at fhcmichigan.org/discrimination.
For those wanting to advocate for fair housing, consider signing and sharing the Fair Housing Center's "Welcome in My BackYard" WIMBY Pledge at fhcmichigan.org/wimby or volunteering as a Civil Rights Tester or Cooperating Attorney.
Have some free time? We recommend watching A Matter of Place, a 2014 documentary produced by the Fair Housing Justice Center and Kavanagh Productions that shines a bright light on housing discrimination, one of the most shrouded and misunderstood civil rights issues in America.