Stingley v. City of Lincoln Park

• Decision Date: 20 April 1977
• Docket Number: Civ. No. 74-72446.
• Citation: 429 F. Supp. 1379
• Parties: Willie Gean STINGLEY, Plaintiff, v. CITY OF LINCOLN PARK et al., Defendants.
• Court: U.S. District Court — Western District of Michigan

429 F. Supp. 1379

Willie Gean STINGLEY, Plaintiff, v. CITY OF LINCOLN PARK et al., Defendants.

Civ. No. 74-72446.

United States District Court, E. D. Michigan, S. D.

April 20, 1977.

Clarice Jobes, Detroit, Mich., for plaintiff.

Stanley E. Beattie, James V. Bellanca, Jr., Harper Woods, Mich., for defendants.

OPINION

GUY, District Judge.

In making the findings of fact and conclusions of law that are required by Rule 52, it is helpful if this case is analyzed from three viewpoints. First, the facts as to the conduct of the plaintiff in this litigation as they relate to her legal theories; second, the history of the City of Lincoln Park's efforts and actions relative to its public housing projects, and thirdly, the applicable law.

The plaintiff is a black woman under thirty years of age who is divorced and a mother of three daughters under ten years of age. She has lived in the Detroit area all her life, growing up in southwest Detroit where she completed high school and then continued on to the University of Detroit for two years of advanced education. Plaintiff has a medical condition which either prohibits or limits her opportunity to be gainfully employed. Accordingly, all of plaintiff's income is derived through public assistance or support monies received from a former husband. The total of these sums is approximately $512.00 per month.

In 1973, and for some time prior thereto, the plaintiff had been living in a HUD home in the City of Detroit which was being re-possessed because she had failed to make mortgage payments. Plaintiff was finally compelled to leave the premises in question and move in with her mother. Subsequent to moving in with her mother, plaintiff contacted the Detroit office of Housing and Urban Development and inquired as to federal public housing projects or federally subsidized public housing projects within the Detroit area. Plaintiff learned at this time that the City of Lincoln Park had federally subsidized public housing. Plaintiff, as a child, although living in Detroit, had lived near Lincoln Park and the family had frequently shopped in Lincoln Park. The plaintiff felt that she would like to live in Lincoln Park and made the decision to make inquiry of the availability of public housing within that city.

On or about June 6, 1973, the plaintiff contacted the Department of Community Development and Improvement for the City of Lincoln Park and learned that there was a residency requirement in connection with eligibility for public housing within the City of Lincoln Park. Plaintiff was told that she could apply but, if not a resident, her application would not be processed. The next day, June 7, 1973, the plaintiff went to the City of Lincoln Park, talked to a secretary or receptionist and filled out an application for public housing. The plaintiff also on this date was interviewed by Troy Alley, the Director of Community Programs for Lincoln Park, who determined that the plaintiff met the income limitation requirements for occupancy in Lincoln Park's public housing but did not meet the residency requirement. At this particular time, the City of Lincoln Park had a three-year residency requirement.

Plaintiff indicated immediately her dissatisfaction with the response she had received from Lincoln Park officials and further indicated she felt that their residency requirement was illegal. Immediately upon leaving the City of Lincoln Park, the plaintiff called the Detroit office of HUD and was told she could make a complaint. The plaintiff did make a complaint with HUD.

Plaintiff also alleges that subsequent to filing the complaint with HUD, she attempted to find private housing within the City of Lincoln Park so that she could become eligible as a resident of Lincoln Park for their public housing. Plaintiff claims to have made at least ten efforts to find housing in Lincoln Park, which efforts consisted in looking in the want ads in Detroit newspapers, checking supermarket bulletin boards in Lincoln Park where there are sometimes houses listed for sale or rent, and driving around the community. Plaintiff testified that on one occasion she stopped at an apartment building and said no one answered the door. She further claims that on another occasion she made an inquiry and was told that they would not rent to blacks.

On or about March 22, 1974, the plaintiff was informed by the Regional Office of HUD that her administrative complaint had been closed on January 18, 1974, and that no basis for action had been found. Plaintiff again contacted the City of Lincoln Park relative to her application, and on March 25, 1974, was again told by the City of Lincoln Park that she did not meet the residency requirements. On or about June 7, 1974, plaintiff filed a second administrative complaint with HUD alleging, in essence, the same facts that had been alleged in her first complaint. Approximately two weeks later, on June 19, 1974, plaintiff also filed a complaint with the Michigan Civil Rights Commission charging a violation of the Michigan State Fair Housing Act of 1968. On August 12, 1974, plaintiff received, via her attorneys, a call from the Regional Office of HUD in Chicago informing them that the second complaint had been closed also. On September 18, 1974, the present action was instituted in this court.

In addition to her own testimony, plaintiff also introduced the testimony of a census tract expert. Primarily, this witness testified to the fact that between 1950 and 1970, the population of Lincoln Park approximately doubled, but the black population, which was almost non-existent, remained the same. This witness also testified to the fact that that portion of Detroit adjacent to the City of Lincoln Park during the same period of time had not increased in population but had gone from a mixed black and white area to an area that was almost exclusively black. In addition, two neighboring communities, the City of Ecorse and the City of River Rouge, had substantial black populations but they had essentially remained in certain sections of the city and were not scattered throughout the census tracts comprising the communities as a whole. After this statistical information was given, the witness testified on cross-examination that she could not give any definite reason why a given area was black insofar as its population was concerned. She indicated there were any number of reasons contributing to the racial makeup of a given area, some of which she felt qualified to testify on and others which she didn't. Thus, plaintiff's request for relief is essentially premised on two arguments: first, that the City of Lincoln Park's durational residency requirements are illegal per se and, thus, plaintiff is entitled to relief; or, in the alternative, plaintiff's residency requirements are merely a subterfuge due to the virtually all-white makeup of the city and have the effect of "subjecting a person to discrimination because of race." In order to have a frame of reference within which to evaluate plaintiff's claims, it is helpful to now examine the history of public housing within the City of Lincoln Park.

This history was detailed for the record through the testimony of Emanuel Gorland, the past Community Improvement Director and Housing Commission Secretary for the City of Lincoln Park. Mr. Gorland first became employed by the City of Lincoln Park in April of 1966. At that time, the City of Lincoln Park had no public housing, but as was typical of many cities in that period of time, had commenced action in connection with an urban renewal project. In connection with the urban renewal project, the city had an application and program reservation for public housing units to be used in connection with relocation for those displaced from the urban renewal projects in progress. It was estimated that 350 persons would be displaced by such urban renewal projects. The initial public housing application and program reservation involved 100 units of multiple housing to be occupied by senior citizens and 50 units of scattered site housing. The senior citizens project was to be a high-rise building, and the scattered site, non-elderly housing accommodations were to be individual homes built at various locations throughout the city. The city ultimately erected the high-rise project for the elderly, subsequently modified to contain 108 units, and built fifteen scattered site houses as their initial project. The city built three one-bedroom units, four two-bedroom units, six three-bedroom units, and two four-bedroom units. The public housing being provided by the City of Lincoln Park was part of the coordinated plan in connection with the urban renewal land which primarily was to be used after clearance for the development of moderate income, private multiple housing. At this particular point in time, Lincoln Park was a community on which all vacant land suitable for multiple dwellings had already been built upon, and the only available land was that which would come about as a result of urban renewal clearance.

As these projects continued, the city made application for the funds to build the other 35 scattered site housing units contemplated. They were told by HUD, on August 27, 1970 (Exhibit 13), that there were no further funds available. The City of Lincoln Park at this juncture enlisted the aid of their congressmen, and from 1970 to 1972, a series of correspondence was exchanged (Exhibits 14, 15, 16 and 17) between the city, HUD and Congressman Ford, all of which was to no avail. No money was ever obtained to this date for the construction of the additional 35 units, notwithstanding that the public housing authorized in conjunction with the original urban renewal clearance program would be insufficient to even meet the estimated needs of those displaced by urban renewal action.

Insofar as project eligibility requirements were concerned, this subject had been discussed between the City of...