Detroit CRIO Complaint – Requiring a Section 8 Tenant to Have Monthly Income of 3 Times the Total Rent Amount Rather than 3 Times the Tenant’s Portion of the Rent

Steve Tomkowiak • August 22, 2022

Source of Income (Public Benefit Status) Discrimination Complaint Filed

According to the complaint filed with CRIO, in August 2021 a Detroit resident called a management company to ask if they had any apartments available for him to rent using his housing choice voucher (HCV). He was seeking to rent a unit at a Detroit apartment complex. The rental rate for the 1-bedroom apartment that the complainant sought to rent is $1,100 per month. The agent stated that they had apartments available to rent using his voucher, but that he must make three times the rent to qualify. Three times the rent amount meant that he would have to make a minimum of $3,300 per month, or $39,600 annually.


In general, to qualify for a HCV a family's income may not exceed 50% of the median income for the county or metropolitan area in which the family chooses to live. 24 C.F.R. § 5.603(b)(defining a “Very low income family” as “A family whose annual income does not exceed 50 percent of the median family income for the area, as determined by HUD with adjustments for smaller and larger families . . . .)”; 24 C.F.R. §982.201 (b)(1)(i). According to 2021 estimates by the U.S. Census Bureau, the median household income in Wayne County was $49,359. A HCV holder, based on the 50% of median income eligibility standard, would earn no more than $24,679.50 per year. As such, three times the rent amount meant that no HCV holder would qualify to rent an apartment.


The Fair Housing Center of Metropolitan Detroit, following the intake of the Detroit resident’s complaint, conducted an investigation and found that the apartment complex accepts HCVs and that 3 times the rent amount policy applies to the entire rent amount, not just the portion to be paid by the HCV holder. Further, the management company confirmed that the 3 times the total rent amount policy applied to all of its properties.


In general, tenants receiving HCVs are responsible for paying a percentage based on their income, usually 30 to 40 percent of their monthly income. The complainant receives social security. The Detroit resident was thus able to show that his monthly income at three times the tenant portion of his rent.


The policy of the management company and the apartment complex, requiring three times the rent amount rather than the HVC holders’ portion of the rent amounts, discriminates and excludes the Detroit resident and other HVC holders from renting properties. This policy violates the “public benefit status” provisions of Article VI, Section 23-6-1 (Selling or leasing real estate—Unlawful practices). See CityLimits, Bronx Rental Complex Must Accept Housing Vouchers, Judge Rules (Aug. 1, 2022); Decision and Order, Olivierre v. Parkchester Preservation Company, L.P., No. 22-452058 (N.Y. Supreme Court July 28, 2022)(violation of source of income provision for landlord to require HVC holders to show monthly income of three times the total rent rather than three times the tenant portion of the rent).


The complaint is currently pending before CRIO.


By Steve Tomkowiak March 7, 2025
University of Michigan Law School Professor Michelle Adams ’ research interests include race discrimination, school desegregation, affirmative action, and housing law. Two of Professor Adams’ students, Michelle Landry and Victoria Pedri (pictured above) from Professor Adams’ Race, Law, and History course, developed a “ Detroit School Integration Timeline ”. The timeline traces the history from Detroit’s establishment of its first “colored school”, to the Dred Scott decision, the passage of the Civil Rights Act of 1875, the Great Migration, racially restrictive covenants, redlining, the Birwood (Eight Mile) Wall, white flight, the enactment of the Fair Housing Act, the Milliken v. Bradley decision and efforts to desegregate Detroit schools, through the recent decision in Students for Fair Admissions v. Harvard. The timeline is informative, user-friendly and includes many helpful videos. Congratulations to Michelle and Victoria for creating this amazing resource. Detroit School Integration Timeline Legal History Project: Detroit, Michigan (Law students Michelle Landry and Victoria Pedri briefly introduce themselves and thank viewers for checking out their timeline project)
By Steve Tomkowiak December 10, 2024
The Livonia Housing Commission has announced the opening of its Housing Choice Voucher (HVC) waiting list. To apply successfully, you need to provide the Commission with the following information: The first and last names of all members of your household The Social security numbers and birthdates of all members of your household. Total gross annual income of everyone in your household. This includes wages, child support, Social Security, Supplemental Security Income (SSI), General Assistance and Unemployment Income. A valid mailing address and email address. Only one application is permitted per household. Accurate information must be submitted in order to contact applicants if they are selected in the lottery. How to Apply Use this link to start the application process. At the bottom of the page, click Get Started . Persons with disabilities who require accommodations with the online waitlist application, may call the Livonia Housing Commission at (734) 634-0294 or send an email to kwesley@livonia.gov . (If you do not have the social security numbers, please contact the Fair Housing Center by phone at 313-579-3247 or by email to info@fairhousingdetroit.org.)
By Steve Tomkowiak August 30, 2024
Yes, but the policy must be carefully reviewed.
By Steve Tomkowiak August 17, 2024
Congress’ Fair Housing Initiatives Program (FHIP) - 42 U.S .C. § 3616a
By Steve Tomkowiak July 18, 2024
Join the Detroit Reinvestment Coalition, Community Development Advocates of Detroit (CDAD) and the National Community Reinvestment Coalition (NCRC) on September 24, 2024 for Just Economy: Detroit!
By Steve Tomkowiak May 9, 2024
Save the Date: June 12, 2024
By Steve Tomkowiak April 2, 2024
The Fair Housing Center Welcomes Renae Johnson as a New Board Member
By Steve Tomkowiak March 22, 2024
Approval of a Grant to the Legal Aid and Defender Ass'n to Help Tenants Get Needed Repairs at no Charge
By Steve Tomkowiak March 13, 2024
Pontiac’s Private Right of Action Provision a Model for Other Jurisdictions
By Steve Tomkowiak February 28, 2024
Challenging Relocation of the Jackson House from Selma, Alabama, to Michigan
More Posts
Share by: