Grab Bars Permitted as Reasonable Modification Under the Fair Housing Act

Steve Tomkowiak • November 22, 2021

Since 1991, HUD regulations have recognized the right of a tenant with a disability to install grab bars in a bathroom as a reasonable modification. Unfortunately, 30 years later our Center continues to see violations of these and other reasonable modification requirements under the Fair Housing Act.

In July 2019, Donald Davenport applied for an apartment unit in Oakland County. Because of a mobility impairment, Mr. Davenport asked for permission to install drilled-in grab bars in the shower. The grab bars would be installed at Mr. Davenport's own expense. The apartment complex, however, refused this request, insisting that only suction cup grab bars would be permitted. Suction cup grab bars would be dangerous for Mr. Davenport. Our office assisted the Davenport family in gathering evidence of this fair housing violation. We assisted the Davenports in filing a complaint with HUD and, thereafter, referred the complaint to the case to the U of M Law School's Civil Rights Litigation Initiative (CRLI).

The CRLI filed a federal court lawsuit, claiming that the apartment complex refused Mr. Davenport's reasonable modification request in violation of the Fair Housing Act and that the suction grab bars were insufficient for his needs. Although the apartment complex denied liability, the parties were able to reach a settlement that includes having the apartment complex place an anti-discrimination policy on the its website, having its staff receive fair housing training, and adding a disability rights notice on apartment complex's rental applications.

We appreciate the efforts of Professor Michael Mike Steinberg and the committed team of Student-Attorneys Erica Becker, Will Brodt, Patrick McDonnell, and Will Walker in filing the federal court complaint and in negotiating the settlement.

[Above is a photograph of Donald Davenport with student attorney Will Brodt.]

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Motion to Dismiss Denied in Racial Harassment Case

By Steve Tomkowiak • March 25, 2025

A prior post summarized the allegations in a federal court case that was filed after numerous incidents of alleged racial harassment that drove a Black family their Grosse Point Park home. Black Woman and Her Daughter Sue Former White Neighbor for KKK Flag Display and Other Threats . On March 21, 2025, U.S. District Court Judge Linda V. Parker, after carefully reviewing the allegations in the complaint and applicable law, entered an Opinion and Order Denying Defendant’s Motion to Dismiss. Judge Parker found that the complaint sufficiently alleged racial animus in violation of 42 U.S.C. § 1982. The facts are deplorable, as those who read the decision will no doubt notice, and embarrassing to our community. Congratulations to the students attorneys from the U of M Law School’s Civil Rights Litigation Initiative (CRLI) handling the litigation, under the fine leadership of long-time fair housing attorney and now U of M Law School Professor Mike Steinberg . Opinion and Order Denying Motion to Dismiss, Dinges v. Wilde, No. 23-12885 (E.D. Mich. Mar. 21, 2025)

Detroit School Integration Timeline - History of School Integration and Segregation in Detroit

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)

Livonia Housing Commission's Housing Choice Voucher Waiting List Opening

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.)