Case: United States v. City of Birmingham

This case involved the policy and practice of a city in the 1980s that prevented the construction of racially integrated housing. The United States filed this lawsuit against the City of Birmingham (“City”) in the U.S. District Court for the Eastern District of Michigan, alleging that the City had engaged in a policy and practice that prevented a non-profit corporation from developing racially integrated low-income senior citizen and family housing. The United States alleged that the City’s practices violated Sections 804(a) and 817 of the Civil Rights Act of 1968 (the Fair Housing Act).

In 1975, the City recognized a need for senior-citizen housing and invited interested parties to submit proposals for the creation of a senior-citizen housing project. In December of 1976, the City entered into an agreement with Baldwin House for sale of the land that would be used for the project and the corporation had one year to obtain financing from the Michigan State Housing Development Authority (“MSHDA”). The United States argued that the City had interfered with Baldwin House’s plan and that this interference was racially motivated. 

On May 27, 1982, the court granted judgment in favor of the United States on the issue of liability and injunctive relief. The district court concluded that the City had interfered with the Baldwin House’s plan to construct low-income family housing and that this interference was, in part, racially motivated. The court found that Baldwin House’s application was proceeding smoothly through MSHDA financing until the City became involved. 538 F.Supp. 819.

The City appealed the district court’s grant of injunctive relief to the U.S. Court of Appeals for the Sixth Circuit.

On February 8, 1984, the Sixth Circuit affirmed the district court’s judgment, but limited the injunction to prohibit the City from engaging in any conduct because of race or with discriminatory motive on account of race. The district court had previously enjoined the City from engaging in any conduct that interfered with Baldwin House’s efforts. 727 F.2d 560. 

On October 1, 1984, petition for writ of certiorari was denied by the U.S. Supreme Court. 105 S.Ct. 95. 

This case is closed.