May a Landlord Do a Criminal Record Check?

Steve Tomkowiak • August 30, 2024

Yes, but the policy must be carefully reviewed.

Overbroad criminal record policies (“blanket bans”) disproportionately exclude Black or African American applicants from housing in violation of the Fair Housing Act.

As of 2021, the Michigan prison rate is 1,205 for every 100,000 Black or African American residents, compared to 185 per 100,000 White residents. Black or African American residents are thus over 6 times more likely to be imprisoned and released with a criminal record.

Disparities are also present in arrest rates. As of 2022 the Black or African American population comprises 13% of Michigan’s population, while the White population comprises 73%. The most recent arrest rate in Michigan is 36.9% for Black or African American persons and 58.5% for White persons.

To illustrate at the local level, Pontiac is located in Oakland County, Michigan. In Oakland County, as of 2022 the Black or African American population is 12.8%, while the White population is 69.7% As of June 2024, the Black or African American population comprises 48% of the jail population in Oakland County, while the White population comprises 50% of the jail population.

To avoid an unlawful discriminatory impact, the policy should distinguish between criminal conduct that indicates a demonstrable risk to resident safety and/or property and criminal conduct that does not. The criminal record policy should also have a reasonable lookback period. Any lookback period longer than 5 years is likely not acceptable. Finally, the policy should require the consideration of mitigating information and list what types of mitigating information can be provided by a housing applicant.

Please reach out to our office if you have specific questions or believe that your rights may have been violated.

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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.)

Congress Authorizes Fair Housing Enforcement Organizations as a Critical Component of the Fair Housing Enforcement System

By Steve Tomkowiak • August 17, 2024

Congress’ Fair Housing Initiatives Program (FHIP) - 42 U.S .C. § 3616a