Allison Gorsuch, “Fair Housing in Ann Arbor”

 

In his book A History of Ann Arbor, Jonathan Marwil argues that the city of Ann Arbor enacted major advancements in housing equality through citizen participation. One of these reforms, he suggests, was the passage of the Fair Housing Ordinance which “gave teeth” to previous informal proposals to equalize access to housing. He also claims that active participation of the National Association for the Advancement of Colored People (NAACP) and the establishment of a Housing Commission helped give “a new meaning to the title “a city of homes” through citizen participation. [1] However, the reality of the history is not so heartwarming.  Although the City Council of Ann Arbor took legislative and rhetorical steps towards housing equality in the 1960s, there is much indirect evidence to imply that no real progress was made after the enactment of the Fair Housing Ordinance. In fact, the challenges made by the NAACP to the Ann Arbor City Council and the establishment of the Old West Side Association (OWSA), both in the late 1960s, show that although Ann Arbor espoused a rhetoric of equality, the city was still a site of much housing discrimination. Through the examination of three samples of records – the Ann Arbor Human Relations Commission (HRC), the NAACP of Ann Arbor, and the OWSA – Ann Arbor proves its tangled heritage, and refutes Marwil’s claim of effective housing reform through citizen participation and the Fair Housing Ordinance.

         Housing discrimination was a fact of life in Ann Arbor in the early 1960s, much like elsewhere across the country. In Ann Arbor, the non-white residents of 1960 lived in 18% of the “deteriorated housing” and 42% of the “dilapidated housing” while making up only 6.5% of the total population.[2] This dilapidated housing was located in the “Negro” area of town, where African-American families made up 50% to 100% of the residents in entire blocks.[3]  These houses were concentrated in the lower floodplain of the river near the railroad tracks, the most undesirable land. This area also had a high rate of poverty - an estimated 35% of “non-white” residents were poor.[4]

As can been seen on the accompanying map, the “Negro area” is distinctly marked by certain street boundaries.[5]  North of Ann Street and Miller Street, east of Brooke Street, west of the railroad tracks and south of the river lay “Lower Town,” where the overwhelming majority of black and other residents of color lived. The majority of the remaining area of the city was less than 15% people of color; based on the map from 1950, the percentage was probably less than 2%. [6]

         Ann Arbor had attempted early on to improve the equality of housing through non-legislative actions. In the first of these measures, the Human Relations Commission (HRC) was formed on June 7, 1957 “to obtain and insure equality of treatment for all citizens of Ann Arbor.” [7] Not surprisingly, the commission found that discrimination in housing and employment was rampant, and many non-white residents were trapped by boundaries of both streets and racism. [8] In response, the Ann Arbor City Council introduced a Fair Housing Ordinance (FHO) on November 13, 1961. At this special council meeting, Councilman Lynn W. Eley made remarks highlighting the history of fair housing efforts in Ann Arbor. He spoke of the Covenant of Open Occupancy, a petition signed by 2,190 people and groups between 1958 and 1960 that showed their commitment to “buy, sell, rent or lease housing without regard to race, creed, or color.”[9] In addition, from 1960-196, 521 people from 317 families signed their pledge to encourage equality in access to rental apartments through the “Statement of Welcome” [10]  Religious communities also emphasized the need for both racial integration and affordable housing, suggesting that Ann Arbor form a housing commission to promote equality by building public housing units. [11]  Clearly, some members of the community supported housing equality.

However, not everyone signed those petitions. Reflecting the community opposition to equality in housing, the FHO was introduced in 1961 and not passed until 1964.  In the meantime, the Ann Arbor City Council unanimously passed a toothless resolution stating that “discrimination in housing in Ann Arbor on the basis of race, creed, color, or national origin is a violation of the public policy of the City.” on March 5, 1963. [12] Once enacted, the FHO did have more power, establishing that the City Attorney was “authorized to seek injunctive relief in any appropriate court to prevent threatened violations” towards anyone found “discriminating: … to segregate or to treat a person differently because of race, color creed, religion, ancestry or nation origin…” and could be punishable in both civil and criminal courts. [13] The Fair Housing Ordinance’s eventual adoption was accompanied by the establishment of a Housing Commission, designed to help improve housing equality. [14]  Both of these measures showed substantial action, but would the ordinance and commission accomplish anything?

One year after the passage of the Fair Housing Ordinance, the HRC reviewed its effectiveness. A memo from director of the HRC to a city administrator on November 3, 1966, described the outcome of fifty cases of alleged discrimination received in 1964-65. Only twenty-three were covered under the ordinance, and of that only one was prosecuted. Six were resolved by the commission, and six were dismissed. [15]  What was most telling about this memo was the explanation for the low numbers of discriminatory cases, as only seven were considered discrimination. The director of the HRC explained that the low number of cases was because Ann Arbor residents were aware of and following the ordinance. He went on to say that although it could not be concluded that the ordinance had actually changed any residential housing patterns, he claimed that “real estate brokers are now supporting the FHO and are in fact challenging the Human Relations Commission to find a real estate broker involved in discrimination.”[16] According to the HRC, the FHO was a success. But would all housing equality movements be so apparently successful?

For the poorest residents of Ann Arbor – especially those of color – the answer was negative. The establishment of the Old West Side Association (OWSA) coincided neatly with the passage of the Fair Housing Ordinance, the formation of the Housing Commission, and the resulting push for more affordable housing in Ann Arbor. It also appeared shortly after the Preservation Act of 1966, which allowed buildings and neighborhoods to be legally protected as historic places.[17]  The OWSA was (and still is) a homeowner’s association consisting of residents of Ann Arbor who live in a small, area west of Main Street made up of single-family residences in neat blocks. The Association’s explicit mission was to preserve the single-family character and promote the physical improvement of the neighborhood.[18] Yet, documents from the association suggest that its ulterior motive was to exclude public affordable housing from the area – and with it, racial minorities. Soon after its instatement in 1965, the Housing Committee presented a report promoting the building of public housing in small units around the city. [19] In November of 1967, the committee noted that public housing had been suggested at Seventh and Washington Streets, right on the edge of the Old West Side. The Housing Commission did not support this placement because of school demographics, but also perhaps because of pressure from the OWSA; the Association did not approve of the proposed site because of the addition of rental housing to the single-family nature of the neighborhood. This pressure can be seen in a February 13, 1968 letter from the Association to Mayor Wendell E. Hulcher:

 “in recent years, however, there have been continued, and to those of us who live here startling indications of deterioration. This change has been directly related to the dynamic growth of the community to which our neighborhood was not prepared to adapt. The growth of the community has produced forces of change that have permitted deterioration and now seriously threaten the quality of the residential environment of this neighborhood…, we sincerely believe that is would be Ann Arbor’s loss as well as our own if this historic neighborhood environment were to be completely removed from the city’s near west side.[20]

 

Perhaps this “growth of the community” that so scared the Old West Side Association was the increase in the number of Ann Arbor residents of color in the previous decades. In 1950, there were 1,085 blacks in Ann Arbor (only 145 more than in 1930) which jumped to 3,200 in 1960. [21] Including other people of color, the non-white population of Ann Arbor in 1960 was 4,355, increasing to 8,954 in 1970.[22] From 1950 to 1970, the number of people of color residing in Ann Arbor had increased by approximately 900% - and the Old West Side was not prepared to have these newcomers live in their neighborhood.

The rhetoric of ‘historic neighborhood environment” was put into action by the Old West Side Association. Writing to the National Trust as well as individual community historic societies, the Association requested information about preserving the history of the area.[23]  One of these letters suggests that the aim of the OWSA’s quest for historic designation was more than just preserving the buildings. Clarence Roy of the OWSA wrote to the Historic Charleston Foundation asking for information about incorporating the Old West Side as a historic neighborhood. [24] In a positive response to Mr. Roy, Mrs. Edmunds, director of the Foundation, wrote that she included some documents for the Association to use as models: “…a copy of our By Law, Charter, Plans of operation and restrictive covenants. The covenants were prepared by our attorney and have been quite successful…”[25] Adopted by a homeowner’s association, restrictive covenants were rules incorporated into the deed for a home that “create substantive regulations as well as the association’s rulemaking, enforcement, and spending authority.” [26] These rules could range from standards of lawn care to religion, race, or number of pets. [27] The evidence suggests that the OWSA may have been interested in forming a similar restrictive covenant based on historical integrity on the surface, but masking a racial component underneath; the fear of Old Westsiders towards the “growth and change” presumably brought by public housing that coincides with their push towards historic preservation is probably no accident. By establishing guidelines about house appearances under the façade of historic preservation, the Association could restrict the construction of affordable housing and keep members of the lower-income class – and implicitly, people of color – out of the neighborhood. [28]

The statements of the African American community in Ann Arbor through the NAACP give credence to the argument that Ann Arbor’s plan for racial integration was mere rhetoric and that resistance to public housing was based in racism. The records of the NAACP from the late 1960s highlight the ongoing battle about public housing in Ann Arbor.[29] In a letter to the mayor, the city council, and the Housing Commission, the president of the Ann Arbor NAACP, Mrs. Albert Wheeler, wrote that the NAACP had voiced disagreement with the proposed plans for public housing and the appointees of the city council.  The final plan, she writes, places all 200 units on two or three sites in the city. From this evidence,

The NAACP is convinced that some individuals and organizations are working under cover to prevent the development of any housing for low-income families both for greedy economic purposes and also to preserve that character of Ann Arbor which limits and isolates the Negro residents…[30]

 

Clearly, the NAACP felt that resistance to public housing was intended to “limit and isolate” black and probably other people of color in Ann Arbor. Considering the language of the Old West Side Association’s plea against public housing in their neighborhood, the NAACP was not far mistaken in its judgment. 

In contrast to Marwil’s argument about citizen participation, Albert Wheeler, a prominent black Ann Arborite and president of the NAACP’s Housing Committee, blamed the City Council for not including input about housing from those who were affected by the Council’s decisions, namely poor black and white citizens. [31] The NAACP had been fighting since 1967 to be involved and had been repeatedly ignored, according to a letter from Mr. Wheeler to the chairman of the Housing Commission.[32] Especially frustrating was the fact that the NAACP’s goal of scattering public housing over many areas was not reflected in the final plan presented by the Commission. [33] The records of the NAACP suggest that Ann Arbor’s leadership was less open to racial integration, public housing, and citizen input than Marwil would claim.

         Were citizen action and the enforcement of the Fair Housing Ordinance truly reducing the amount of housing segregation in Ann Arbor? According to the records of the Human Relations Commission, the number of cases reported to the commission declined each year, as did the number of cases found to be actual discrimination. By 1967 and 1968, only nine cases were reported each year, and in 1968 none were found to be discriminatory. Only two cases were ever prosecuted, one in 1964 and one in 1966. [34] Perhaps the city council’s initial interpretation was prophetic – the lowering numbers indicate increasing support for fair housing. Or, perhaps Ann Arbor’s enforcement of the Fair Housing Ordinance was not strict, and cases slipped through the cracks. The census data of 1970 suggests the latter may have been the case; census tract seven (in the historically “non-white” area) residents of color increased from 38.7% to 46.6% of the population from 1960 to 1970. Interestingly, census tract six – including the Old West Side – did show some integration; in 1960, people of color made up 3.6% of the population, while in 1970 that percentage had increased to 9.5%, although this probably reflects the booming population of people of color rather than actual integration, the number of people of color living in Ann Arbor doubled during this time, while the white population increased by less than 30%.[35]

What these three small samples show is that rather than Marwil’s depiction of  citizens fighting for real housing change in Ann Arbor in the 1960s, the reality was that the City Council merely enacted a series of rhetorical reforms; establishing commissions, passing resolutions, and making ordinances that were only nebulously enforceable and rarely enforced at all. The Fair Housing Ordinance was rarely officially violated in a city that had rampant racial segregation into the 1970s. The wishes of the 1960s Old West Side Association to preserve the single-family residential character of the neighborhood were granted; even today, large public housing units can be seen just outside the Old West Side boundary. [36]  The NAACP felt frustrated and unrepresented in local government in the late 1960s, falsifying Marwil’s claim of NAACP involvement. The 1970 census reveals that not much integration occurred in Ann Arbor in the decade of the 1960s; in fact, some areas heavily populated by people of color became even more segregated in the 1960s. Housing inequality in Ann Arbor did not change much in the decade of the 1960s precisely because the Ann Arbor City Council refused the input of people of color and accepted the suggestions of the Old West Side Association. The rhetoric of the Ann Arbor leadership was clearly unsupported by actual enforcement of the Fair Housing Ordinance or the construction of public housing in an integrated setting.   To imply that Ann Arbor’s history reflects a united vision of housing equality and active citizen participation is to ignore the voices of those unheard by the leadership of Ann Arbor – the people of color who were discriminated against in violation of the Fair Housing Ordinance and those silenced from community participation.

 

 

 

 

 

 

 

Appendix I

[37]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix II

 

 

[38]



[1] Jonathan L. Marwil, A History of Ann Arbor (Ann Arbor: Ann Arbor Observer Co, 1987), 151.

[2]Councilman Lynn W. Eley, Remarks Accompanying the Introduction of a Fair Housing Ordinance, Ann Arbor City Council, 13 November 1961, Box 7, Ann Arbor Human Rights Commission Records, 1957-1993. Bentley Historical Library, University of Michigan.

[3] B.B. Bissell, Negro population: Ann Arbor 1960, Box 7, Ann Arbor Human Rights Commission Records, 1957-1993. Bentley Historical Library, University of Michigan.

[4] Eley, Remarks Accompanying the Introduction of a Fair Housing Ordinance.

[5] See Appendix III.

[6] B.B. Bissell, Negro population: Ann Arbor 1960; Map IV: 1950 Ann Arbor non-white population. Box 7, Ann Arbor Human Rights Commission Records, 1957-1993. Bentley Historical Library, University of Michigan.

[7] Eley, Remarks Accompanying the Introduction of a Fair Housing Ordinance.

[8] Marwil, A History of Ann Arbor, 142.

[9]  Eley, Remarks Accompanying the Introduction of a Fair Housing Ordinance.

[10] Eley, Remarks Accompanying the Introduction of a Fair Housing Ordinance.

[11] Ann Arbor Meeting of the Religious Society of Friends, Memo to Friends concerning need for low-income  housing in Ann Arbor, Box 7, Ann Arbor Human Rights Commission Records, 1957-1993. Bentley Historical Library, University of Michigan.

[12] Resolution, Box 7, Ann Arbor Human Rights Commission Records, 1957-1993. Bentley Historical Library, University of Michigan.

 

[13] Fair Housing Ordinance, undated, Box 7, Ann Arbor Human Rights Commission Records, 1957-1993, Bentley Historical Library, University of Michigan.

[14] Marwil, A History of Ann Arbor, 151.

[15] A different source had different numbers and will be discussed in depth later.

[16] David C. Cowley to Guy C. Larcom, Jr. 3 November 1966, Cases handled by the Human Relations Commission since the passage of the Fair Housing Ordinance, Box 7, Ann Arbor Human Rights Commission Records, 1957-1993, Bentley Historical Library, University of Michigan.

 

[17] Charles E. Fisher, “Promoting the Preservation of Historic Buildings,” APT Bulletin, (Vol. 29, 1998), 7.

[18] Old West Side Association, Program for the physical improvement of a neighborhood, Old West Side Association records, 1966-1978, Bentley Historical Library, University of Michigan.

[19] Ann Arbor City Council, Report of the Housing Committee, Box 7, Ann Arbor Human Rights Commission Records, 1957-1993, Bentley Historical Library, University of Michigan.

[20] Old West Side Association to Mayor Wendell E. Hulcher, 13 February 1968, Old West Side Association records, 1966-1978, Bentley Historical Library, University of Michigan.

[21] Marwil, A History of Ann Arbor, 150.

[22] Glorias Dixon, General Characteristics of Population and Housing, Planning Department, City of Ann Arbor, (December, 1972), 5.

[23] Various correspondence: Clarence Roy to The Elfreth’s Alley Association, Inc., 22 February 1967;  Clarence Roy to Peter J. McCahill 17 May 1967; Clarence Roy to Robert R. Garvey, Jr., 17 May 1967; and many others;  Old West Side Association Records, Bentley Historical Library, University of Michigan.

[24] Clarence Roy to Peter J. McCahill, 17 May 1967, Old West Side Association records, 1966-1978, Bentley Historical Library, University of Michigan.

[25] Mrs. S. Henry Edmunds to Clarence Roy, 5 June 1967, Old West Side Association records, 1966-1978, Bentley Historical Library, University of Michigan.  The information sent by Mrs. Edmunds is not included in the records, perhaps to hide any racial restrictions in the documents that would have reflected poorly on the OWSA, which did not want to associate themselves explicitly with racial covenants in light of the FHO.

[26] “The Rule of Law in Residential Associations” Harvard Law Review, (Dec. 1985), 472.

[27] “The Rule of Law in Residential Associations”, 473.

[28] Another Ann Arbor homeowner’s association also had restrictive covenants; according to the vertical file available at the Bentley Historical Library in Ann Arbor, Michigan, the Ann Arbor Hills Homeowner’s Association records contain restrictive covenants. However, researchers must obtain a letter from the president of the association to view the documents.

 

[29] It is also mentioned in the Old West Side Association papers and the Human Rights Commission papers.

[30] Mrs. Albert Wheeler to Mayor Wendell E. Hulcher, 29 January 1968, Box 2, Albert H. and Emma M. Wheeler papers, 1938-1994, Bentley Historical Library, University of Michigan. 

[31] Background to a Crisis, Box 2, Albert H. and Emma M. Wheeler papers, 1938-1994, Bentley Historical Library, University of Michigan. 

[32] Albert H. Wheeler to Henry Aquinto, 8 March 1968, Box 2, Albert H. and Emma M. Wheeler papers, 1938-1994, Bentley Historical Library, University of Michigan. 

[33] Mrs. Albert Wheeler to Mayor Wendell E. Hulcher, 29 January 1968.

[34] Housing Cases Received, Box 7, Ann Arbor Human Rights Commission Records, 1957-1993. Bentley Historical Library, University of Michigan. See Appendix I.

[35] Dixon, General Characteristics of Population and Housing), 5,9,31,33.

[36] See Appendix II

[37] Housing Cases Received, Box 7, Ann Arbor Human Rights Commission Records, 1957-1993. Bentley Historical Library, University of Michigan.

 

[38] Housing addresses obtained from www.ci.ann-arbor.mi.us/Housing/public.html; map created at Mapquest.com.