NAACP Files Amicus Brief in Michigan Suit Seeking to Restrict Access to Upscale Community
FOR IMMEDIATE RELEASE
January 27, 2025
Contact: Alicia Mercedes, amercedes@naacpnet.org
WASHINGTON - On Friday, the NAACP joined several key, bipartisan organizations in filing an amicus brief in the Michigan State Supreme Court. The brief asserts that the restrictive covenant in question, designed to limit homes to 'single family' usage, is discriminatory in nature and therefore cannot be enforced.
The brief comes as neighbors within the Swift Estates, an upscale, lakefront community in Michigan, seek to halt neighboring properties from utilizing their homes as short-term rentals. The covenant before the court includes vague language on attracting "desirous" clientele that do not "disrupt the nature and character of the Swift Estates."
NAACP General Counsel, Janette McCarthy Wallace, released the following statement:
"This restrictive covenant presents a clear motive to insulate a luxury community from visitors of diverse backgrounds. The dog whistle language used to put their argument forward is discriminatory in nature and, if allowed to go into effect, sets a dangerous precedent for segregating Black renters and travelers from specific neighborhoods. The NAACP will not stand for this. Our community deserves the opportunity to generate revenue from investment properties, and enjoy the fruits of their labor at the vacation destination of their choosing. It's 2025, not 1955, and all housing policy should be reflective of this fact."
Other amici filers include the Goldwater Institute, Travelers United, and Michigan Realtors. Key excerpts from the NAACP brief include:
"Rather than being interpreted as a limitation on the use of real property, at its heart, the Appellees' position is that the restrictive covenant at issue should be interpreted as a limitation on who may reside at the property. Wealthy property owners are fine, renters are not. Servants are fine, families who foster children are not. Indeed, the Appellees' position could be summed up as, "We want to keep those people out of our neighborhood."
"The Court of Appeals reasoned that the commonly used single-family residence restriction in deeds and zoning ordinances may exclude residents from living in a neighborhood, not because of the nature of how the actual occupants actually use the house, but because of the mere fact that those occupants are renting. This Court should reject that discriminatory analysis."
To learn more about NAACP's work to fight housing discrimination, visit our website.
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