US v. City of Taylor, Mich., 91-CV-73218-DT
| Decision Date | 14 July 1992 |
| Docket Number | No. 91-CV-73218-DT,91-CV-72280-DT.,91-CV-73218-DT |
| Citation | 798 F. Supp. 442 |
| Parties | UNITED STATES of America, Plaintiff, v. CITY OF TAYLOR, MICHIGAN, Defendant. SMITH & LEE, ASSOCIATES, INC., Plaintiff, v. CITY OF TAYLOR, MICHIGAN, Defendant. |
| Court | U.S. District Court — Western District of Michigan |
Gregory J. Bator, Birmingham, Mich., for plaintiff Smith & Lee Associates, Inc.
Stephen J. Markman, L. Michael Wicks, U.S. Atty., Detroit, Mich., John R. Dunne, Paul F. Hancock, Barbara A. Burr, Sharon Bradford Franklin, U.S. Dept. of Justice, Civil Rights Div., Housing & Civil Enforcement Section, Washington, D.C., for plaintiff U.S.
Patrick B. McCauley, Alan B. Koenig, Southfield, Mich., for defendant.
In these consolidated cases, the Plaintiffs have alleged that Defendant in each case violated the handicap provisions of the Fair Housing Act by refusing to give zoning approval to Smith and Lee to operate an adult foster care home for twelve elderly disabled persons in a house located in a single-family residential area of Taylor.
Basically, Plaintiffs claim that Taylor's actions have violated the Fair Housing Act in two ways: First, by refusing to allow Smith and Lee to operate their group home in the Mortenview neighborhood, Taylor violated the reasonable accommodations provision of the Act, 42 U.S.C. § 3604(f)(3)(B). Secondly, Plaintiffs claim that Taylor's actions also violate the Fair Housing Act by making housing unavailable on the basis of handicap of the intended residents, thus violating 42 U.S.C. § 3604(f)(1).1
After a full trial on the matter, the Court concludes that Defendants have violated the statute in question, and will issue an injunction, and award $50,000.00 in civil penalties against Taylor; and will award damages to Smith and Lee.
Smith & Lee Associates, Inc. (Smith & Lee) is a private, for-profit Michigan corporation that was organized to purchase and use a residential home as an adult foster care (AFC) home for twelve elderly, disabled persons. Smith & Lee's officers, who are each 25% shareholders, are Marlene Smith, President; Paul Lee, Vice President; Cullin Smith, Treasurer; and Linda Lee, Secretary. An AFC home provides twenty-four hour supervised care to dependent adults who require ongoing supervision, but not continuous nursing care.
Smith & Lee purchased a home for such use at 8734 Mortenview Drive in Taylor, Michigan. The home, known as Mortenview Manor, is a one-story dwelling, and includes a kitchen, living room, dining room, and, after remodeling, six bedrooms, two full baths, and a small office.
The City of Taylor is a Michigan municipality that has adopted a comprehensive zoning ordinance. The Court finds that Mortenview Manor is not a building of efficiencies or apartments. The home is located in a large, single-family neighborhood zoned "R-1A." Both Plaintiffs allege that the City of Taylor failed to reasonably accommodate, and discriminated against, the disabled elderly by not permitting Mortenview Manor to expand from six to twelve residents.
Smith & Lee's proposed AFC facility would provide a home in the Mortenview residential neighborhood for twelve elderly persons who suffer from disabilities such as Alzheimer's disease, senile dementia, and organic brain syndrome, and physical problems associated with growing old. At the current time, Smith & Lee operates the home for six elderly disabled residents. Mortenview Manor opened on December 1, 1989 and attained its sixth resident on March 1, 1990.
Michigan state law requires that municipalities such as Taylor permit AFC homes for six or fewer residents to locate in single-family residential neighborhoods. M.C.L. § 125.583b.2 To operate an AFC home for twelve residents, Smith & Lee must obtain local zoning approval to qualify for a state license. M.C.L. § 400.716.
Smith & Lee seeks to expand its capacity to twelve residents because operating the home with only six residents is not financially feasible. With the extra income from twelve residents, Smith & Lee can continue its high level of care and reasonably compensate its employees. Thus far, Smith & Lee has been unable to secure zoning approval from Taylor.
Taylor's Zoning Ordinance does not address AFC homes. The R-1A zone, where Mortenview Manor is located, is the most exclusive type of single-family zone. The ordinance includes in the definition of "family" the following:
For the sake of its R-1A zone, Taylor contends that the residents of Mortenview Manor do not constitute a family under that definition because the home is operated for a profit.
Starting in September, 1989, Smith & Lee first encountered Taylor's opposition to its proposed AFC home for twelve residents. On September 13, 1989, Smith & Lee's building contractor, Al Darin, applied to Taylor for a building permit to remodel the home. The City refused to issue the permit, claiming that the property was improperly zoned. The next day, Linda Lee and Marlene Smith met with Michael Manore, Director of the Office of Development Services, who informed them that the City required RM-1 multiple-family zoning if they wanted a home for twelve. He also needed plans of the project before issuing a permit.
Later, on September 21, 1989, Mrs. Lee and Mrs. Smith returned to City Hall to file an application for a building permit with a building plan. Building Director Gerald Couch refused to issue a permit. Mrs. Lee and Mrs. Smith expressed concern about the Fair Housing Act, and later asked Majorie Murrell, an AFC Licensing Consultant with the Department of Social Services (DDS) in Detroit, to educate the City about its obligations under state and federal law. Murrell talked with Mr. Couch and Mr. Manore about the Fair Housing Act's new coverage for the disabled and noted that Smith & Lee were able to open for six residents automatically under Michigan law. M.C.L. § 125.583b. Finally on September 25, 1989, Taylor issued Smith & Lee's building permit with the express limitation "SINGLE FAMILY RESIDENTIAL USE ONLY."
After this remodeling, Ms. Murrell inspected the home and property in November 1989. She found that the home exceeded all DSS licensing requirements for homes for up to six residents. The DSS then issued a license to Smith and Lee to operate an AFC home for up to six residents.
Mortenview Manor opened on December 1, 1989 with three residents. On January 26, 1990, Smith & Lee held an open house to advertise the home and establish goodwill with the community. Linda Lee invited Taylor's Mayor, all members of the Planning Commission and City Council, representatives of the Fire and Police Departments, and other city officials. None attended. As of March 1, 1990, Smith & Lee operated with six residents. And since this time, Smith & Lee has turned away a number of potential residents because the home was filled to its licensed capacity.
In order to operate with twelve residents, Smith & Lee sought to rezone its property. On January 8, 1990, Cullin Smith went to Taylor's City Hall to investigate how to rezone. He submitted a petition to rezone Mortenview Manor from R-1A single-family to RM-1 multiple family. He stated on the petition that proposed use was for the adult foster care of seven to twelve aged, disabled adults.
Taylor officials referred Smith & Lee's proposal to its planning consultant, Wade/Trim Impact. A public hearing before the Taylor Planning Commission was scheduled for February 21, 1990. By a letter report dated February 15, 1990, Wade-Trim advised Taylor to deny Smith & Lee's request. The letter gave three reasons for denial of Smith & Lee's petition: (1) RM-1 zoning would be inconsistent with the established zoning pattern of the neighborhood; (2) RM-1 zoning would allow for land uses that are incompatible with the established single-family residential character of the neighborhood; and (3) the request was inconsistent with the recommendation of the City's Master Land Use Plan 2000.
On February 19, 1990, Mr. Smith delivered portfolios of information explaining Smith & Lee's proposed use to various city offices, including the Planning Commission and the City Council. At the meeting before the Planning Commission on February 21, 1990, the Smiths represented Smith & Lee and presented their proposal. Both mentioned that Taylor may be in violation of the Fair Housing Act but the Commission failed to consider its ramifications. The Commission voted to recommend to the City Council that the rezoning petition be denied. Only member James Boardman voted for approval of the petition.
At a March 5, 1990 Study Session, the Taylor City Council discussed Smith & Lee's request for rezoning and the Planning Commission's recommendation. The Smiths and the Lees attended. Linda Lee answered questions and informed the Council that the home could accommodate twelve residents under the State's regulations. In addition, Mark Fosdick, attorney and vice president of Michigan Residential Care Association, made a presentation on behalf of Smith & Lee. He explained that the Fair Housing Act has an impact on this action and that Smith & Lee's request to expand its capacity to twelve people was reasonable.
After the session, Linda Lee invited Council Member Raymond Basham to visit Mortenview Manor the next day before the City Council meeting. During the day on March 6, 1990, Mr. Basham visited the home, and was impressed and found it to be clean and well-maintained. After his visit, Mr. Basham called Ms. Murrell, at Ms. Lee's request. Ms. Murrell told him that Smith & Lee can expand its capacity if the City Council approved rezoning or issued a letter of permission approving the expansion. Mr. Basham then told Ms. Lee that the...
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