Laches | March 2024

LACHES

www.ocba.org | March 2024 | Number 666

Community Associations Should Prepare Now to Accommodate Aging in Place STRUCTURAL DISCRIMINATION:

How Policies, Rules, and Industry Practices Obstruct Fair Housing

PULLING THE CAP OFF UNCAPPING EVENTS IN MICHIGAN:

Avoiding Costly Mistakes When Transferring Real Estate

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S O U T H

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W O O D W A R D

A V E N U E .

B I R M I N G H A M ,

M I C H I G A N

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LACHES

CONTENTS MARCH 2024

OAKLAND COUNTY BAR ASSOCIATION 1760 S. Telegraph Road, Suite 100 Bloomfield Hills, Michigan 48302-0181 (248) 334-3400 • FAX (248) 334-7757 www.ocba.org

2023-2024 BOARD OF DIRECTORS

FEATURES Pulling the Cap off Uncapping Events in Michigan Here’s what you need to know about Proposal A to avoid costly mistakes when transferring real estate.

By Andrew Harris 10 Structural Discrimination: How Policies, Rules, and Industry Practices Obstruct Fair Housing Attorneys should consider the various structural and systemic barriers to achieving equality and equity in housing.

By Robin Wagner 14

PRESIDENT Melinda N. Deel

SECRETARY Kari L. Melkonian

DIRECTORS Victoria B. King Syeda F. Davidson Julie L. Kosovec Emily E. Long Jennifer L. Lord Moheeb H. Murray Kimberley Ann Ward Kenneth F. Neuman Layne A. Sakwa Jonathan B. Frank

EXECUTIVE DIRECTOR Jennifer Quick

ABA DELEGATE James W. Low

LACHES EDITORIAL BOARD Victoria B. King Syeda F. Davidson Coryelle E. Christie Lanita Carter

Thamara E. Sordo-Vieira Carmen E. Moyer Fahd Haque

PRESIDENT-ELECT Dean M. Googasian VICE PRESIDENT Sarah E. Kuchon TREASURER Aaron V. Burrell

THE MISSION OF THE OAKLAND COUNTY BAR ASSOCIATION IS TO SERVE THE PROFESSIONAL NEEDS OF OUR MEMBERS, IMPROVE THE JUSTICE SYSTEM AND ENSURE THE DELIVERY OF QUALITY LEGAL SERVICES TO THE PUBLIC. Articles and letters that appear in LACHES do not necessarily reflect the official position of the Oakland County Bar Association, and their publication does not constitute an endorsement of views that may be expressed. Readers are invited to address their own comments and opinions to:

Michigan Community Associations Should Begin Preparing Now to Accommodate Senior Residents Aging in Place Condo and homeowner associations must adapt to meet the unique needs of older residents.

By John D. Gwyn 20

DEPARTMENTS

President’s Page E.D.itorial OCBA Calendar of Events Professional Development and CLE On the Circuit Jury Trials and Utilization Probate Foundation Committees In Pro Per New OCBA Members Advertising Index OCBA Staff Directory Adjourned

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PUBLISHING PARTNER

LACHES | Oakland County Bar Association 1760 S. Telegraph Rd., Ste. 100 Bloomfield Hills, MI 48302-0181 Publication and editing are at the discretion of the editor.

5750 New King Drive, Ste. 100 Troy, MI 48098 Phone: 248.691.1800 / Fax: 248.691.4531

LACHES (ISSN 010765) is the monthly (except July and December) publication of the Oakland County Bar Association, a Michigan nonprofit corporation, 1760 S. Telegraph, Ste. 100, Bloomfield Hills, MI 48302-0181. Copyright © 2024 Oakland County Bar Association. The price of an annual subscription ($20) is included in member dues. Periodical postage paid at Bloomfield Hills, MI 48304 and additional entry offices. Postmaster: Send address changes in writing to Oakland County Bar Association, 1760 S. Telegraph, Ste. 100, Bloomfield Hills, MI 48302-0181.

LACHES is published exclusively for the Oakland County Bar Association by Hour Custom Publishing, a division of Hour Media, L.L.C. Copyright © 2024.

All rights reserved. No portion may be copied or published without the express written consent of the publisher. The views expressed in this publication are not necessarily those of OCBA or Hour Media.

www.ocba.org

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PRESIDENT’S PAGE

OCBA Lawyers Have Heart — The Sequel!

By Melinda N. Deel

I

am so proud to be part of an organization that provides so many opportunities to give back to our communities and to use our expertise as attorneys to improve the lives of others. My family and I are big movie lovers, so of course I had to pay homage to the movies and follow up last month’s column with a sequel because there are so many wonderful community service opportunities offered by the OCBA. In last month’s column, I focused on law-related educational opportunities. This month, I wanted to highlight the other volunteer opportunities offered by the OCBA. I sincerely hope that you find one that not only enables you to give back, but that you find personally enriching.

LEGAL AID CLINICS

The OCBA hosts free legal aid clinics in various Oakland County communities throughout the year.

Attorneys and legal aid providers from Legal Aid and Defender Association, Lakeshore Legal Aid, or the Family Law Assistance Project are on-site to provide basic legal information and legal advice in the areas of juvenile law, family law, probate, criminal law, bankruptcy, general civil, and landlord/tenant matters. This resource is designed for Oakland County residents with legal questions and issues.

provide as much guidance and feedback to the mentee as the mentee deems necessary and/or as the mentor is able to offer. This program is offered to new and established lawyers.

OCBA MENTOR PROGRAM

The OCBA’s Mentor Program connects an experienced attorney with a newer attorney or one looking to gain more knowledge in a different area of practice to help guide them in their new career. The relationship between a mentor and mentee is valuable to both parties. The relationship is also valuable to clients, who benefit from that combined knowledge and experience.

Volunteer mentors act as a trusted resource, adviser, and sounding board as the mentee grows their practice.

PALS COMMITTEE

The Providing Access to Legal Services (PALS) Committee promotes community access to legal services by way of pro bono legal advice and general education to the public. The PALS

♥

Committee also strives to provide the public with an opportunity to interact with and access the local bar and available community resources as needed.

If you have a passion for promoting and improving access to legal services for all, you can reach out and make a difference in the Oakland County community with the PALS Committee.

The PALS Committee develops and hosts programs that provide legal assistance and an understanding of the legal system within the community. The activities of this committee help emphasize the positive presence of lawyers in society.

VETERANS LAW COMMITTEE

The Veterans Law Committee focuses on veterans’ issues, including recruitment of OCBA members to take pro bono cases related to veterans’ matters and participation in many veterans court treatment programs. The committee works to heighten awareness of and increase participation in Veterans Day observances in Oakland

PRO BONO MENTOR MATCH

Hone your skills or develop skills in a new area of law and help someone in need at the same time! This program matches new lawyers who are willing to take a pro bono case with a more experienced lawyer willing to mentor the new lawyer through the case. Cases are referred in the areas of family law, including simple no-asset divorce disputes; landlord-tenant; expungement; foreclosure; and debt collection. These types of cases provide the new lawyer with valuable hands-on experience with small cases that are of great importance to the low-income client.

The mentor is available to meet with the client, answer questions, review pleadings, attend court or other hearings with the mentee, and generally

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In April 2023, members of the Veterans Law and Lawyer Well-Being committees participated in the Veterans Law Committee’s annual headstone cleaning service project at the Great Lakes National Cemetery in Holly, Michigan, for U.S. military personnel.

2023–2024

Elite Supporters PLATINUM $10,000+

GOLD

Melinda and Ryan Deel, along with Judge Victoria Valentine, attended the June 2023 Meet the Judges event sponsored by the New Lawyers Committee. A total of $4,050 was raised and contributed toward the two new $5,000 OCBF diversity scholarships to be bestowed in May 2024.

$7,500–9,999.99

BRONZE

$2,500–4,999.99 Some of the speakers of the November 2023 Youth Law Conference organized by the Law Related Education Committee, an event where volunteer attorneys and others educated more than 150 high school juniors and seniors about career options in the legal profession and the general legal process.

In September 2023, the Providing Access to Legal Services Committee held an “Ask a Lawyer” event where volunteer attorneys provided free legal information and advice/counsel in various areas of law to the public at Farmington Community Library. ®

County; supports and fundraises for Vets Returning Home, a 40-bed veteran shelter in Roseville, Michigan; and sponsors the Military Veterans Speakers Bureau.

NEW LAWYERS COMMITTEE

In addition to its networking and social events, the New Lawyers Committee (NLC) also organizes fundraising and volunteer events every year. The NLC is a great opportunity to meet and interact with legal peers, build professional connections, and have a good time while making a difference in the community. Since 2001, the NLC has donated more than $88,000 to local charitable organizations.

PARALEGAL COMMITTEE

In addition to furthering its objectives of educating its members, collaborating with other professionals within the OCBA and the community at large, and connecting with paralegal students within the metropolitan Detroit area, the Paralegal Committee also proudly supports and participates in charitable works, community service projects, and free legal aid.

More information can be found on these volunteer opportunities, as well as how to get involved, at ocba.org.

Melinda N. Deel is the president of the Oakland County Bar Association.

ATTORNEYS AT LAW

“Elite Supporters” consist of distinguished firms whose sponsorship of 2023-2024 OCBA events total $2,500 or more. There are four supporter levels. If you’d like more information on this program, contact Jennifer Quick at jquick@ocba.org.

Elite Supporter levels: PLATINUM ($10,000+), GOLD ($7,500+), SILVER ($5,000+), and BRONZE ($2,500+)

Learn. Lead. Succeed. www.ocba.org

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E.D.ITORIAL

Sustaining Members Keep the OCBA Agile

By Jennifer Quick

A

ccording to the Oxford English Dictionary, agility is the ability to move quickly and easily or the ability to think and understand quickly. Organizational agility is an essential element of business success, especially in a rapidly changing world. Empowering employees, embracing disruption, and being willing to experiment allow organizations to pivot quickly to overcome new challenges or to meet changing customer needs.

While leadership, governance, strategy, and culture are all important components to an organization’s agility, one cannot overlook the importance of reserve funds to invest in any necessary training, technology, and infrastructure upgrades that can quickly be tapped to successfully implement changes.

For the OCBA, this is where our Sustaining Members have come in and why the OCBA has been able to remain agile to better meet the changing needs of our members and the public.

The Sustaining Member program was established in 1987 to help set aside funds to

invest in technology and infrastructure upgrades at the OCBA. At least 50% of the funds raised through the program each year must be designated for that purpose. In the past, those funds have allowed the OCBA to upgrade the District Court Case Evaluation software program; to quickly provide staff needed resources to work from home when the pandemic closed the office; and to immediately invest in multiple Zoom accounts so our committees and members could continue to stay connected virtually.

Throughout the past six years, we’ve upgraded the audiovisual equipment in the OCBA’s learning center, installed web cameras to be able to offer hybrid meetings, renovated the OCBA offices, invested in software to offer on-demand seminars, and so much more … all thanks to our Sustaining Members.

Truly, without our Sustaining Members, it would be impossible for the OCBA to adapt quickly and remain agile while also keeping membership affordable. For that, I extend my deepest gratitude to them.

In addition to helping the OCBA offer

services that make membership even more beneficial and contributing to the strength of our bar for the future, Sustaining Members receive special recognition at various OCBA events, on the OCBA website, and periodically in LACHES. They are also invited to attend an exclusive recognition event in the fall.

We invite you to join the over 360 Sustaining Members listed below and to the right and become a Sustaining Member for the remainder of the 2023-24 bar year. Because the year is more than half over, the cost to join the program has been reduced to $50.

Your contribution to the program will allow us to remain the premier voluntary bar association in Michigan.

To join the program, you may contact Katie Tillinger at ktillinger@ocba.org or (248) 3343400, or complete the application found at ocba.org/sustaining.

Jennifer Quick is the executive director of the Oakland County Bar Association.

THANK YOU TO OUR 2023-24 SUSTAINING MEMBERS* Jody L. Aaron Nina Dodge Abrams Phillip G. Adkison Joseph A. Ahern Patrick Joseph Alandt Kelly A. Allen Matthew P. Allen Margaret C. Alli Peter M. Alter David Carl Anderson David Christopher Anderson Hon. Martha D. Anderson Nicholas S. Andrews Hon. Steven N. Andrews (ret.)

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Brooke Lauren Archie Joshua Ian Arnkoff Hana Marie Attar Alexander A. Ayar Melinda Ann Balian Eric C. Bartley Michael Batchik Laura C. Baucus Dirk A. Beamer Thomas A. Benhamou Caroline Bermudez-Jomaa Robert S. Bick Thomas W. Biggers Roberto Alejandro Bihar Michael J. Black Orlando L. Blanco

Austin D. Blessing-Nelson Sean A. Blume Brian V. Boehne Jordan Seth Bolton Sherri L. Bono Joshua Matthew Borson Kenneth M. Boyer Alison Brandt Trey L. Brice Steven D. Brock Keefe A. Brooks Erica Grand Brown Malcolm D. Brown Charles D. Bullock Charity A. Burke Marty A. Burnstein

Aaron Vaughn Burrell Jeffrey A. Butler Donald F. Carney Jennifer S. Carney Russell G. Carniak Robert M. Carson Meghan W. Cassidy R. Christopher Cataldo J. Matthew Catchick Gerald P. Cavellier Thomas R. Charboneau John P. Charters Michael S. Clawson Steven Z. Cohen Susan E. Cohen Howard H. Collens

Sean M. Colonna Peter L. Conway David J. Cooper Mark G. Cooper Mark E. Crane Thomas W. Cranmer Tanya Nicole Cripps-Serra Hon. Jacob J. Cunningham James P. Cunningham John Joseph Cunningham Joseph W. Cunningham Judith K. Cunningham Brad A. Danek Rebecca S. Davies Thomas J. Davis Rebecca M. Decoster

*Sustaining Members listed above are as of 1/5/2024.

E.D.ITORIAL

Melinda N. Deel James G. Derian Mark B. Dickow Joseph Anthony Doerr Lawrence R. Donaldson Larry T. Dressell Alison Faith Duffy Brian D. Einhorn Sue Ellen Eisenberg Marjory W. Epstein Richard C. Eriksen Elias J. Escobedo Ernest J. Essad Cameron J. Evans Walid Y. Fakhoury Robert Z. Feldstein Julie I. Fershtman David H. Fink Nathan J. Fink Timothy Patrick Flynn John R. Foley Nicole Foley Audra Alaine Johnson Foster Matthew Aaron Fraiberg Jonathan B. Frank Lori J. Frank Bradley J. Friedman Sarah Gabis T. Scott Galloway Sheila Garin Karen R. Geibel Derrick E. George Maggie George Jack A. Gibson Randall J. Gillary Randi P. Glanz Gerald J. Gleeson Hon. Elizabeth Gleicher Charles G. Goedert Joel S. Golden Barry J. Goodman Dean M. Googasian George A. Googasian Deborah L. Gordon Maxwell Goss Judith S. Gracey Paul Green Sandra User Green Jennifer M. Grieco Kenneth L. Gross Renee K. Gucciardo Lisa J. Hamameh Michael J. Hamblin David L. Haron Michelle C. Harrell Andrew M. Harris Miles D. Hart

Harvey R. Heller Lori M. Henderson Heather M. Herbert Starr M. Hewitt Kincaid Michael S. Hohauser Albert L. Holtz Ethan R. Holtz William H. Horton Vivian Attisha Howell Thomas H. Howlett Andrew J. Hubbs Michael F. Jacobson Debra S. Janicki Keela P. Johnson Lindsey R. Johnson Ven R. Johnson J. Steven Johnston William A. Joselyn Shirley A. Kaigler Amanda Kakos Alan M. Kanter Chui Karega Kaveh Kashef Deanna L. Kelley Klint Khalid Kesto Kevin Dean Kijewski Amanda Ann Kill Jason D. Killips Victoria B. King Hon. Maureen Kinsella Channelle Kizy-White Gregory M. Kopacz Julie L. Kosovec Hon. Kelley R. Kostin Robert E. Kostin Mark L. Kowalsky Steve Krasnick Gary Alan Krochmal Sara M. Kruse Sarah E. Kuchon Hon. Shalina D. Kumar Nicholas E. Kyriakopoulos Robert B. Labe Gregory R. Lane Thomas J. Langan Hon. Denise Langford Morris (ret.)

Hon. Lisa A. Langton Jennifer M. LaTosch Joseph A. Lavigne Hon. David M. Lawson Tracey Lee Veronica R. Leonard Susan S. Lichterman Eric A. Linden Arthur Y. Liss Charles Lobert Emily E. Long

James W. Low Ashley Elizabeth Lowe Betty Lou Lowenthal Elizabeth L. Luckenbach Dov Lustig John J. Lynch Nicole A. MacWilliams Michael W. Maddin Frank Mafrice Silvia Alexandria Mansoor Chiara Mattieson Emily Maureen Mayer James M. McAskin Michael J. McCarthy Patrick M. McCarthy Hon. Julie A. McDonald Donald E. McGinnis Hon. Maureen M. McGinnis Megan R. McGown Holms Donald G. McGuigan Brian J. McKeen Deborah H. McKelvy Stephen T. McKenney Donna Marie Medina Kari Leigh Melkonian Irika N. Mellin David Mendelson Roger P. Meyers Keri Middleditch Jon M. Midtgard David A. Mollicone Monica Demko Moons Brian M. Moore Robert Joseph Morad Mayer Morganroth E. Michael Morris David M. Moss Wolfgang Mueller Timothy J. Mullins Moheeb H. Murray Gregory K. Need Jeffrey T. Neilson Julie A. Nelson-Klein Kenneth F. Neuman H. Joel Newman Paul L. Nine Henry Nirenberg Morton L. Noveck Michael Oblizajek Hon. Colleen A. O’Brien John N. O’Brien Mary Margaret O’Donnell Brian D. O’Keefe Jules B. Olsman Brenda M. Orlando Linda M. Orlans Daniel V. Padilla Susan E. Paletz

Joseph E. Papelian Edward H. Pappas James J. Parks J. Timothy Patterson Eric J. Pelton Lauren C. Penrod Lawrence S. Pepper Ryan Lee Perry Jerome P. Pesick Alisa A. Peskin-Shepherd Mary-Claire Petcoff Hon. Elizabeth M. Pezzetti (ret.)

Dennis J. Pheney Adriana R. Piccirilli Edward D. Plato David E. Plunkett Lysa L. Postula-Stein Hon. Wendy L. Potts (ret.)

Michael Todd Price Daniel D. Quick Annette T. Raczkowski Sara G. Rajan Sarah A. Ramsey Jeffrey G. Raphelson Richard D. Rattner Steven Reed Steven D. Reinheimer B. Andrew Rifkin Kristen L. Robinson Carlton R. Roeser Carol A. Rosati James W. Rose David M. Rosenberger Marcia C. Ross Mark C. Rossman John A. Ruemenapp Daniel Rustmann Thomas J. Ryan May A. Saad Ralph R. Safford Daryle Salisbury Tami Salzbrenner Tina Saxon John F. Schaefer Samuel Aaron Schiffer Michael D. Schloff Dawn M. Schluter Michael F. Schmidt Kurt E. Schnelz Laura Ann Schreiner John J. Schrot Jonathan H. Schwartz Melissa A. Schwartz J. Randall Secontine Karen E. Seder David S. Senawi Patrick G. Seyferth

Anthony D. Shapero Daniel N. Sharkey Robert A. Shaya Aaron Sherbin Burton R. Shifman Arthur H. Siegal Vadim Sigal Kenneth F. Silver Lynn Capp Sirich Lori Smith Matthew D. Smith Phillip T. Smith George M. Smrtka Robert M. Sosin R. Keith Stark Todd Stearn Christine Helen Stephens Raymond J. Sterling Lisa D. Stern Mark A. Stern William S. Stern Steven H. Stilman Michael J. Sullivan Steven Susser Susan M. Sutton Thomas J. Tallerico James E. Tamm Samantha Teal Elizabeth C. Thomson Kayla Melinda Toma Douglas A. Tull Matthew J. Turchyn Michael R. Turco Hon. Victoria A. Valentine Thomas P. Van Dusen J. Marc Vezina Donna Virkus Hon. Cynthia Thomas Walker Kimberley Ann Ward Donald K. Warwick Markeisha D. Washington Stewart C. Weiner Harvey R. Weingarden Arthur Jay Weiss Paul James Whiting David W. Williams James J. Williams I.W. Winsten Scott A. Wolfson Steve M. Wolock Randolph M. Wright Jenna Wright Greenman Keith A. Wuotinen Naim G. Younan Hon. Joan E. Young (ret.)

Robert S. Zawideh

*Sustaining Members listed above are as of 1/5/2024. www.ocba.org

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CALENDAR OF EVENTS Please Note: Dates listed below were sent to the publisher on January 5, 2024. It is possible that some of the events listed below have since been altered. Please check ocba.org/events for the most up-to-date schedule of events.

MARCH AFFINITY BAR CHARITY CHALLENGE Join several local and affinity bars and their guest judges as we compete to see which bar can raise the most for its charity of choice. Attendees will vote for their favorite bar association by donating cash “tips” to the association’s “tip jar.” All tips will go to the charities selected by each respective bar association.

The bar association that receives the most tips will win the challenge and receive an additional donation to its charity! All net proceeds from the event will be split between all of the charities. Join us and help your favorite affinity bar association to victory! Register at ocba.org/events.

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DISTRICT COURT BENCH/BAR CONFERENCE Recovering the Lost Art of Civility Our popular biennial bench/bar conference is back in person as we continue to build collegiality between the bench and the bar. This year, we focus on bringing back civility in the courtroom. We also touch on important changes in civil and criminal law, including updates in landlord/tenant law; the Michigan Indigent Defense Commission; alternative dispute resolution; and best practices in virtual client representation.

Learn more and register at ocba.org/dcbb.

APRIL MEET THE JUDGES

From left to right: Hon. Andrew Kowalkowski, Hon. Victoria Valentine, Hon. Cynthia Arvant, and Hon. Jeremy Bowie at the 2023 event.

Judges from the Oakland County District, Probate, and Circuit courts, along with judges from the Michigan Court of Appeals, Michigan Supreme Court, and U.S. Bankruptcy Court and U.S. District Court for the Eastern District of Michigan, have been invited to this annual event. In addition to networking, don’t forget to check out the items that will be up for bid at this year’s silent auction. Proceeds from the auction will benefit a local charity. To learn more or to register, visit ocba.org/events.

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LUNCHEON LIMINE: FAMILY COURT Our bench/bar brown-bag luncheon series continues virtually via Zoom and will feature Judges Lisa Langton and Julie McDonald from the Oakland County Circuit Court’s Family Division. They will share tips and preferred protocols for practicing in the family court. Bring your questions and join us for an informal discussion of legal topics and practice issues. Space is limited, so register today at ocba.org/events.

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p.m.) peals (Noon – 1 hikian, Esq., Will District Court Ap inted counsel po ap e and William S. Na , ns fe LC PL de l w, ina La im or cr Do A seminar for ach, Esq., Yellow and hanie A. Achenb uss the processes Presenters: Step peals. We will disc ap tation. t ur en LC es co pr PL ict e u, str th Yo di w Defend Q&A will follo an overview of A e id ll. ov we pr as ll d wi r are ina sh ll be This Zoom sem amples and tips wi sel in courtrooms. Ex r appointed coun fo t di cre ng protocols in certa ini tra ile en juv d an minal Worth 1 hour of cri (8 a.m. – 1 p.m.) ty h/Bar Conference nc Be t ur Co Counsels, Universi t ric Dist ity sociate General vil As , Ci q. of t Es , Ar ell st kw Lo y Blac Recovering the rt, Esq., and Am rs: Dale L. Hebe Keynote Speake s the opportuns and presenters of Michigan r full list of sessio torneys and judge fo at b al cb loc /d es rg id .o ov ba pr oc luable insights to Conference Presenters: Visit vironment. Gain va Court Bench/Bar en ict ed str nt Di l rie -o nia en ion bi lut the bar.

The OCBA’s in an informal, so n the bench and sel tside the courtroom ngeniality betwee co ild r appointed coun fo bu t di we nity to interact ou cre as ng us n ini joi tra d ile an en e tic juv ac d l an al pr enhance your leg 2.5 hours of crimina ssions worth up to se ut ko ea br l ina Crim

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De t Es , en na ig en 8.

Ind M rd an L. ig anda Presenter: Peter erview of the Mich Standard 6 and St r will provide an ov lopments, including ve de w ne on s This Zoom semina te upda m.

It will also provide s within the progra defender’s office. ersations on issue nv l co se t un ea co gr d ed an &A t for appoint There will be a Q enile training credi juv d an l ina m cri Worth 1 hour of Been Wanting to Questions You’ve to s er sw An — cy ch and Data Priva – 7 p.m.) ents in Legal Te Be Asking (5:30 ld ou Sh New Developm u Yo ow Kn t No d u Di Galvin, Esq., Ask and Those Yo ol of Law; Jordan ers Committee ho wy Sc La r w ke Ne itz e Pr th ty iversi A presentation by Northwestern Un l W. Linna, Esq., LLP an m nig Ho , Presenters: Danie q. nielle Bass, Es Da d an ta analytics, P; Court LL e ie Perkins Co al technologies, da ichigan Suprem M leg , q. ing Es lop r, ve ffe de ea Sh concerning e realm of Moderator: David at-style discussion veral experts in th ch se ee ur sid at re fi fe ll ed wi at r er and questions that ing in a mod This Zoom semina quent questions, privacy participat fre ta da ts, d logies en an cli , d ce an en utilize new techno for lawyers artificial intellig r prepare them to and opportunities tte ks be ris to ts, g en kin m as lop recent deve that they should be ts may not know lawyers and clien ents. and serve their cli

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. – 1 p.m.) ctions (11:30 a.m Community Corre ed counsel int po l defense ap ina im cr r fo s pretrial services r Government ina m A se We will also discus , Oakland County s.

PA on M cti t, ing a rre id co hm ity Sc of commun cidivism by provid Presenter: Eric ovide an overview ons is to reduce re pr cti ll to is wi rre r it Co ina un s ity m ce un se m rvi etrial Se This Zoom unty Com e mission of the Pr the ion of Oakland Co Th . iss on m n les e ip tio Th sa inc s. er pr ue nv ed iss co as and bail to evidence-b for an in-depth re us he in ad Jo . at es th s tic ce ac ed pr continuum of servi and evidence-bas tice through legal entation. es pr e th w llo uphold pretrial jus sel e. A Q&A will fo id ov pr ey for appointed coun th t di ies opportunit ile training cre en juv d an l ina m cri Worth 1.5 hours of

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8 LACHES MAGAZINE

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FEATURE | Property Taxes

PULLING THE CAP OFF UNCAPPING EVENTS IN MICHIGAN:

Understanding Proposal A and Avoiding Costly Mistakes When Transferring Real Estate

By Andrew Harris

M

ichiganders are fortunate to live in a state where the law limits — or “caps” — how much the taxable value of their real estate can increase every year. But that limit — 5% or the inflation rate, whichever is lower — goes by the wayside upon a “transfer of ownership” of the property. When this occurs, the property’s value is “uncapped,” and the property is taxed at its state-equalized value (SEV), generally 50% of the property’s true cash value. That’s a substantial difference.

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Property Taxes | FEATURE

Before examining the intricacies of an “uncapping law” in Michigan, it is important to understand the pertinent legal history. Passed in 1994 via a voter-approved constitutional amendment, Proposal A established municipalities’ limits on annual tax increases and set forth the events which uncap a property’s taxable value.1 Proposal A, however, is full of nuance and complexities that can easily lead to costly mistakes for both commercial and residential property owners in Michigan.

The primary thrust of this article will discuss how to identify uncapping events under Proposal A, the difference between an “addition” and an uncapping event, and how to avoid accidentally sending your property’s taxable value through the roof.

WHAT PROPOSAL A DID TO MICHIGAN’S PROPERTY TAX REGIME

Proposal A amended Michigan’s constitution to address both school funding inequities and high property tax burdens.2 It impacted the state’s property tax regime in two fundamental ways: • It limited growth on the taxable value of individual parcels of property to the lesser of the inflation rate or 5% (or SEV); and • Upon the sale or transfer of a property, its taxable value resets to the SEV, which equals one-half of the property’s fair market value.3 “Taxable value” means the value of a parcel of real property, considering the protections of Proposal A. Here are two examples reflecting how taxable value is calculated and its impact on property tax amounts: • Example A: If a property is worth $500,000 according to the taxing authority, the SEV is $250,000. Accordingly, if the total tax rate on a property equals 50 mills (one mill is $1 for every $1,000 of value), property taxes are $12,500.

requires taxation at the taxable value. If the inflation rate was 3%, then the taxable value is $500,000 x 1.03, or $515,000, eliciting taxes of $25,750 (a savings of $1,750). s the years go by with the SEV increasing A at a higher rate than the taxable value, the benefits of Proposal A can increase significantly.

THE EFFECT OF ‘ADDITIONS’ ON TAXABLE VALUE UNDER PROPOSAL A Proposal A codified the taxable value of each parcel of property as the lesser of:

• The property’s taxable value in the immediately preceding year minus any losses, multiplied by the lesser of 1.05 or the inflation rate, plus all additions; or • The property’s current state-equalized valuation.4 While the adverse tax consequences of an “addition” can be less dramatic than those of an “uncapping event,” it is important to understand how these two increases have different effects.

Under Michigan law, an “addition” is an increase “in value caused by new construction, … a physical addition of equipment or furnishings.”5 For example, let’s say John Doe’s home undergoes a small renovation, increasing the property’s value by $20,000 in 2022. The taxable value is not the aforementioned $515,000; it is now $515,000 + the addition ($20,000), making the taxable value $535,000.

IDENTIFYING (AND AVOIDING) UNCAPPING EVENTS

Under Michigan’s General Property Tax Act, a “transfer of ownership” that would uncap a property’s taxable value means “the conveyance

of title to or a present interest in property, including the beneficial use of the property, the value of which is substantially equal to the value of the fee interest.”6 Property owners often unknowingly stumble into an uncapping event, thinking certain types of conveyances don’t qualify as a “transfer of ownership,” especially those involving trusts or business entities. Indeed, there are designated exclusions for specific kinds of transactions. The application of these exceptions can, however, be nuanced and confusing. Consider these examples: Conveyances Involving Trusts • A conveyance to a trust is an uncapping event, except: o When the sole beneficiary of the trust is the transferor or the transferor’s spouse; or o When the beneficiary is the settlor/ transferor’s (or settlor/transferor’s spouse’s) mother, father, brother, sister, son, daughter, adopted son/daughter, or grandson/granddaughter and the property is not used for a commercial purpose.7 • A distribution from a trust is an uncapping event, except: o When the distributee of the trust is the transferor or the transferor’s spouse; or o When the real property distribution is made to the settlor/transferor’s (or settlor/transferor’s spouse’s) mother, father, brother, sister, son, daughter, adopted son/daughter, or grandson/granddaughter and the property is not used for a commercial purpose.8

• Example B: In 2021, John Doe purchases a property worth $1 million. For the 2022 tax year, the SEV and taxable value will be the same. ith a 50-mill tax rate, taxes owed for W 2022 will be $25,000.

In 2022, the property’s value goes up 10% to $1.1 million. The SEV is now $550,000, which would trigger taxes of $27,500, but Proposal A (barring a transfer or addition) www.ocba.org

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FEATURE | Property Taxes •

A change in trust beneficiary is an uncapping event, except: o When the change adds or substitutes the spouse of the sole present beneficiary; or o When the change adds the settlor/transferor’s (or settlor/transferor’s spouse’s) mother, father, brother, sister, son, daughter, adopted son/daughter, or grandson/ granddaughter and the property is not used for a commercial purpose.9

Conveyances Involving Business Entity Interests For uncapping purposes, a “transfer of ownership” includes: “a conveyance of an ownership interest in a corporation, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal entity if the ownership interest conveyed is more than 50% of the corporation, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal entity.”10 The Michigan Court of Appeals recently issued a published opinion addressing an uncapping event regarding the internal transfer of ownership interests involving an entity which owned real estate. In Resort Properties CoOperative v. Township of Waterloo, Dorothy and William Babbage owned 24% of the Resort Properties Co-Operative, the entity which owned the family cottage at issue in the case.11 The Babbages purchased an additional 48% of the shares of the co-op and then, in the same calendar year, sold 20% of their interest in the co-op to others.12 The respondent, the township of Waterloo, combined the aforementioned two transfers and sent the co-op an uncapping notice pursuant to MCL 211.27a(6)(h) since more than 50% of the entity (68%) changed hands within one calendar year.13 Before the tribunal, the petitioner argued the 20% transfer should not be included since it was already part and parcel of the 48% it purchased.14 The tribunal rejected this argument during a hearing and then again in response to the co-op’s motion for reconsideration.15 An appeal to the Court of Appeals followed.

In a published decision dated November 21, 2023, the Court of Appeals admitted MCL 211.27a(6)(h) does not provide express permission for taxing authorities to “combine” internal transfers of entities’ interests to achieve the 50% threshold.16 The court, however, then examined MCL 211.27a(6)(h) (ii), which reads as follows:

12 LACHES MAGAZINE

“A cumulative conveyance of more than 50% of the corporation’s stock does not constitute a transfer of ownership of the corporation’s real property.”17 The court then held the language in this subsection would be mere surplusage “if MCL 211.27a(6)(h) prohibited a cumulative accounting of the conveyances for all corporations.”18 The Court of Appeals, however, tempered the adverse effect of its ruling by limiting tax authorities’ ability to add independent transfers of ownership interest to those occurring “within the same calendar year.”19 Simpler instances of uncapping can occur within the context of entities under Michigan law. For example, a simple transfer from John Doe to a company he owns, ABC LLC, (oftentimes to avoid personal liability) is an uncapping event regardless of ownership interest in the company.20 Conveyances That Do Not Constitute a ‘Transfer of Ownership’ In addition to the exceptions described above, the following types of conveyances are not considered a “transfer of ownership” that would uncap a property’s taxable value:21 • Transfers from one spouse to another or from a deceased spouse to a surviving spouse.22 • Since December 31, 2014, a transfer of residential property if the transferee is the transferor’s or the transferor’s spouse’s mother, father, brother, sister, son, daughter, adopted son, adopted daughter, grandson, or granddaughter and the property is not used for a commercial purpose.23 • A transfer of real property or other ownership interests among members of an “affiliated group,” meaning one or more corporations connected by stock ownership to a common parent corporation.24 • A transfer of real property or other ownership interests among corporations, partnerships, limited liability companies, limited liability partnerships, or other legal entities if the entities involved are commonly controlled.

Regarding the “commonly controlled” exception, the Court of Appeals held there is no specific percentage of ownership interest to determine a specific threshold to satisfy the common control of businesses.25 Instead, the decision

is likely to be made based upon the facts and circumstances of the case regarding ownership and control of the involved businesses.

CONCLUSION

Proposal A is widely considered to be good policy limiting real property owners’ tax burdens throughout Michigan (and, unrelated to this article, helping to curb school funding inequity).

The law, however, is no panacea and contains potentially significant pitfalls for taxpayers if they are unaware of what triggers an uncapping event.

It is therefore important that real estate owners consult with counsel informed on Michigan property tax law before engaging in any transfer of real property in Michigan.

Andrew Harris is a shareholder with Maddin Hauser Roth & Heller PC in Southfield, Michigan.

Harris received his undergraduate degree from the University of Michigan (2000) before obtaining both his J.D. (2003) and LL.M. (2010) from Wayne State University. His practice includes state/local property tax matters, commercial real estate transactions/litigation, and commercial litigation. He is the former mayor of Birmingham, where he lives with his wife, two sons, and two dogs.

Footnotes: 1. Const 1963, art 3, § 3.

2. Id. 3. MCL 211.27a(2).

4. Id. 5. MCL 211.34d(1)(b).

6. MCL 211.27a(6).

7. MCL 211.27a(6)(c).

8. MCL 211.27a(6)(d).

9. MCL 211.27a(6)(e).

10. MCL 211.27a(6)(h).

11. Resort Properties Co-Operative v Township of Waterloo, ___ Mich App ___ (2023).

12. Id. 13. Id. 14. Id. 15. Id. 16. Id. 17. MCL 211.27a(6)(h)(ii).

18. Id. 19. Id. 20. MCL 211.27a(3).

21. MCL 211.27a(7).

22. MCL 211.27a(7)(a).

23. MCL 211.27a(7)(u).

24. MCL 211.27a(7)(k).

25. TRJ & E Properties, LLC v City of Lansing, 323 Mich App 664, 674 (2018).

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FEATURE | Fair Housing

STRUCTURAL DISCRIMINATION:

How Policies, Rules, and Industry Practices Obstruct Fair Housing

By Robin Wagner

A sober-living residence for women was blocked by its town’s zoning board after the neighbors to the property launched a social media and letter-writing campaign to keep these “addicts” from living next door.

Assisted-living homes and large apartment-rental companies around Michigan have routinely informed applicants who say that they are deaf and only communicate through American Sign Language (ASL) that they will not and cannot supply ASL interpreters when needed for essential transactions.

A Black family with a perfect credit score and excellent rental history was denied an apartment lease because the father had a 20-year-old conviction, and the rental screening company has a blanket policy of assigning a “0” score for any applicant with any criminal history at all.

A Black family sought a home-equity loan, and the bank’s appraiser came back with a value that was $500,000 less than the appraised value after the family “whitewashed” their home — removing all traces of their race, such as pictures of their family and African art.

T 14 LACHES MAGAZINE

hese examples from recent clients illustrate four trends in housing discrimination and also highlight the complex and systemic nature of this area of the law.1

Fair Housing | FEATURE

The Fair Housing Act and its amendments (FHAA), 42 USC 3601 et seq., is arguably the most powerful and far reaching of the federal civil rights statutes passed in the 1960s,2 yet it is the least understood and utilized of the civil rights laws — housing discrimination lawsuits account for only 2% of all civil rights lawsuits filed in federal courts.3 Michigan’s civil rights acts, the Elliott-Larsen Civil Rights Act (ELCRA)4 and the Persons with Disabilities Civil Rights Act (PDCRA),5 also contain housing rights provisions that largely track the federal statute.6 The FHAA prohibits discrimination based on race, color, religion, sex, national origin, familial status, or disability.7 The law, along with its largely analogous Michigan statutes, is a remedial statute “applicable to a broad range of discriminatory practices and enforceable by a complete arsenal of federal authority.”8 Of the many structural obstacles to housing equality, two of the most common areas relate to disability discrimination and race bias.

Disability discrimination comprises over half of all housing discrimination cases, investigations, and charges handled nationally.9 The FHAA is generally more favorable to the rights of the individual than workplace or public accommodations laws because the FHAA protects individuals’ rights to fully enjoy their homes.10 These days, a common form of systemic discrimination involves municipal planning and zoning. Group homes for individuals with disabilities such as substance use disorder (which is a recognized disability under federal and state law) have infamously been the targets of “not in my backyard” (NIMBY) campaigns.11 Through rulings specific to their variance applications and through enactment of restrictive ordinances, cities routinely violate the FHAA by adopting the NIMBY sentiments of neighbors and excluding group homes from their desired residential areas. NIMBY crosses the line from free speech to housing and equal protection violations when a planning commission accedes to the NIMBY sentiments on the posters and in the public comments and ratifies this opposition by adopting these unfair statements and imposing restrictions or special conditions on the group home.12 Group homes have brought successful lawsuits against cities’ NIMBY actions, but they face an uphill battle in doing so. A municipality has a legitimate governmental interest in its zoning and planning; therefore, a group home seeking a variance or exception must be precise with its application to ensure that its request for what is a reasonable accommodation under

the FHAA is necessary to afford the residents an equal opportunity to use and enjoy their dwelling.13 The group home may even be expected to follow a special process for requests of its kind, even when other applicants do not need to use such a process. Even if that process may seem like unfair treatment, a court may nonetheless view it as reasonable and perhaps even favorable treatment, rather than a refusal to accommodate.14 Another persistent, systemic barrier to housing for individuals with disabilities is the failure across the rental and property management industry to adequately train their employees. Despite regular training, these employees

rarely demonstrate a competent understanding of “reasonable accommodation” under the FHAA. From my own experience taking these individuals’ depositions, they uniformly fail to appreciate that a reasonable accommodation request could be for a designated parking space next to their apartment entrance, even if the building otherwise does not allow for reserved spaces, or for the assistance of an ASL interpreter — at the landlord’s expense — to facilitate essential communications such as initial tours of the building, lease signing, and requests for repairs.

Housing providers also fail to appreciate that even their companies’ set policies and

www.ocba.org

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FEATURE | Fair Housing practices are not written in stone when it comes to accommodations for persons with disabilities. Importantly, the FHAA applies to anyone involved in the real estate transaction — third-party screeners and the landlords alike.

A property may have a fixed formula for the minimum financial qualifications for a tenant, and their agents may even have been instructed that this formula is applied to all applicants.

However, if an applicant does not meet that property’s formula for qualification because their disability impairs their earning capacity but could demonstrate their ability to pay and mitigate the landlord’s concerns about the risk of nonpayment in some other way — say, by asking for the assets of a family member to be calculated — then the property company must evaluate this request for an accommodation and make an individualized determination for that applicant with the disability.15

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The lesson here lost on most participants in the rental industry is that any rule or policy may in some cases present an obstacle to fair housing for some individuals with certain kinds of disabilities. It is up to the landlords and their agents to listen carefully and evaluate carefully whether a request for an exception to that rule is indeed a necessary and reasonable accommodation from that rule.

The FHAA prohibits not just intentional discrimination but also conduct that has an unjustified discriminatory effect on people because of a protected characteristic.16 When it comes to the persistence of race discrimination in housing, tenant screening is often the source of structural barriers and inequity. The rental industry largely relies on third-party screening services to evaluate tenants, and these screenings often include criminal background checks, along with a review of credit scores and other

risk factors. However, disqualifying a tenant because of criminal history can be that prohibited neutral policy with an unlawful discriminatory effect.

Since it is well documented that people of color are arrested and incarcerated at rates disproportionately high compared to their share of the population, “criminal records-based barriers to housing are likely to have a disproportionate impact on minority home seekers.”17 This nationwide trend is true for Michigan, where Black people comprise only 13% of all residents but 51% of the prison population and 36% of the jail population.18 The Department of Housing and Urban Development’s guidance lays out a fact-specific, three-step process to evaluate whether a criminal background screening is unlawful.19 The HUD guidance on criminal background checks prohibits the use of an arrest record alone as justification for excluding someone from housing,20 and also explains that even a blanket policy of exclusion based on prior convictions will violate the FHAA because it cannot “show that its policy accurately distinguishes between criminal conduct that indicates a demonstrable risk to resident safety and/or property and criminal conduct that does not.”21 Finally, this article has focused primarily on rental housing, but race inequality persists in homeownership. Recently there has been renewed attention to racial inequality arising from the widespread devaluation of Black-owned homes through discrimination in appraisals.22 Appraisers, who are used in the home lending and real estate sales process to assess the value of houses, are overwhelmingly white men in a clublike profession who visit a house in person and apply stereotypes regarding the racial composition of a neighborhood or an individual minority owner in an otherwise white-majority neighborhood in arriving at a house’s value.23 Appraisers justify their unfair valuations by selecting comparator properties from other historically undervalued neighborhoods or by selecting properties that are not comparable in size or quality to the subject home.24 Famously, efforts to thwart this bias — by erasing the signs that a Black family resides in the home through removing family photographs and African art and then having a white friend greet the appraiser and pretend to be the owner — have demonstrated that simply being Black and owning a home can drastically lower its price.25 Housing discrimination takes many shapes and forms, but as the above discussion suggests, a practitioner would be well advised to consider the various structural and systemic barriers to achieving equality and equity in housing — a necessity for all of our lives.

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FEATURE | Fair Housing Robin Wagner is a partner at Pitt McGehee Palmer Bonanni & Rivers in Royal Oak and represents plaintiffs in civil rights matters involving employment and housing discrimination, as well as constitutional violations.

She has written on employment and housing discrimination law for the Michigan Bar Journal, LexisNexis, and the Michigan Association for Justice Journal. Wagner recently completed two terms on the Labor and Employment Law Section Council of the Michigan State Bar. Footnotes: 1. F or an overview of the Fair Housing Act, see “Beyond Redlining: The Current State of Housing Discrimination,” Robin Wagner, Michigan Bar Journal, January 2022 (available at michbar.org/journal/ details/Beyond-redlining-The-current-state-of-housing-discrimination?articleid=4319).

2. T hese laws include the Civil Rights Acts of 1960 (primarily voting rights), 1964 (public accommodations, education, and employment), 1965 (voting rights), and 1968 (housing) and their subsequent amendments. See, e.g., “Constitutional Amendments and Major Civil Rights Acts of Congress Referenced in Black Americans in Congress,” History, Art & Archives, US House of Representatives (available at perma.cc/BB9N-BBRV). The Fair Housing Act was amended in 1974 to include discrimination on the basis of sex and in 1988 to incorporate protections against disability discrimination and discrimination on the basis of familial status. See “Fair Housing and Equal Opportunity,” HUD (available at hud.gov/ fairhousing), for more information. All websites cited in this article were accessed December 17, 2023.

3. F or the 12-month period ending December 31, 2022, 34,733 federal lawsuits were filed alleging civil rights violations, and only 813 of them involved housing discrimination. By contrast, employment discrimination, including disability rights in the employment context, comprised 10,183 federal lawsuits, which constituted 29% of all civil rights cases filed in that period. “Table C-2, U.S. District Courts, Civil Cases Commenced, by Basis of Jurisdiction and Nature of Suit, During the 12-Month Periods Ending December 31, 2021 and 2022,” US Courts, December 31, 2022 (available at uscourts.gov/ statistics/table/c-2/statistical-tables-federal-judiciary/ 2022/12/31).

4. MCL 37.2101 et seq.

5. MCL 37.1101 et seq.

6. I t is also important to note that the ELCRA protects against housing discrimination based upon religion, race, color, national origin, age, sex, familial status, or marital status, making it more inclusive than the FHAA (MCL 37.2502), and the PDCRA applies to persons with disabilities with language similar to the FHAA. Compare MCL 37.1103 with 42 USC 3602(h), and MCL 37.1502 and MCL 37.1506a with 42 USC 3604(f).

7. 4 2 USC 3604, amended in 1988 to apply to persons with a physical or mental impairment, with a history

18 LACHES MAGAZINE

of such an impairment, or perceived to have a disability. The familial status protections have a carve-out for senior living environments, provided that they comply with certain regulatory requirements. 24 CFR 100.300 et seq.

8. J ones v Alfred H Mayer Co, 392 US 409, 417; 88 S Ct 2186; 20 L Ed 2d 1189 (1968). See also Havens Realty Corp v Coleman, 455 US 363, 380; 102 S Ct 1114; 71 L Ed 2d 214 (1982), and Eide v Kelsey-Hayes Co, 431 Mich 26, 36; 427 NW2d 488 (1988) (recognizing “the manifest breadth and comprehensive nature of” the Michigan civil rights acts).

9. “ 2023 Fair Housing Trends Report: Advancing a Blueprint for Equity,” National Fair Housing Alliance (available at nationalfairhousing.org/wp-content/ uploads/2023/08/2023-Trends-Report-Final.pdf).

10. Overlook Mut Homes, Inc v Spencer, 666 F Supp 2d 850, 858-59 (SD Ohio, 2009): “Simply stated, there is a difference between not requiring the owner of a movie theater to allow a customer to bring her emotional support dog, which is not a service animal, into the theater to watch a two-hour movie, an ADA-type issue, on one hand, and permitting the provider of housing to refuse to allow a renter to keep such an animal in her apartment in order to provide emotional support to her and to assist her to cope with her depression, an FHA-type issue, on the other.”

See also Velzen v Grand Valley State Univ, 902 F Supp 2d 1038, 1047 (WD Mich, 2012) (citing an HUD memorandum of Feb. 17, 2011, stating that the DOJ’s rules limiting the definition of service animal to exclude emotional support animals did not apply to the FHAA).

11. See Cleburne v Cleburne Living Ctr, 473 US 432, 448 (1985). See also Smith & Lee Assoc, Inc v City of Taylor, Mich, 102 F3d 781, 794-95 (CA 6, 1996) (“We find persuasive the analysis of courts that define equal opportunity under the FHAA as giving handicapped individuals the right to choose to live in singlefamily neighborhoods, for that right serves to end the exclusion of handicapped individuals from the American mainstream”).

12. S ee, e.g., Amber Reineck House v City of Howell, Mich, No. 20-CV-10203, 2022 WL 17650471 (ED Mich, December 13, 2022) (denying summary judgment in part but granting on a claim related to the alleged disparate treatment of a variance application process specifically designed for group homes); Gilead Cmty Servs, Inc v Town of Cromwell, 432 F Supp 3d 46 (D Conn, 2019) (denying summary judgment to a town whose officials made discriminatory statements and engaged in disparate-treatment discrimination and retaliation against a housing and community-based service organization for people with disabilities; in October 2021, the jury returned a $5.2 million verdict for plaintiffs).

13. 4 2 USC 3604(f)(3)(B) (banning “a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling”). For instance, a city need not grant an exception to generally applicable health and safety ordinances such as minimum square footage requirements for two-person bedrooms. However, it may not require a sober-living home to install a high-tech fire suppression system if it does not impose that condition on comparable residences. The municipality would have to justify

why the requirement is necessary in light of the disabilities of the residents, such as if the residents have mobility and dexterity limitations. See Marbrunak, Inc v City of Stow, Ohio, 974 F2d 43, 47 (CA 6, 1992) (a city’s required safety measures for group homes must be tailored to the unique disabilities of the individuals in that residence).

14. S ee, e.g., Amber Reineck House, 2022 WL 17650471, at *59-64 (concluding that a special application process for the sober-living home created “a clear and accessible path to zoning approvals” and thus was not discriminatory).

15. S ee, e.g., Giebeler v M B Assoc, 343 F3d 1143 (CA 9, 2003).

16. J une 10, 2022, Memorandum from Demetria L. McCain, Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity (available at hud. gov/sites/documents/HUD_OGCGUIDAPPFHAS TANDCR.PDF).

17. Id. at 2.

18. “ Michigan Profile,” Prison Policy Initiative (available at prisonpolicy.org/profiles/MI.html); “Incarceration Trends in Michigan,” Vera Institute of Justice (available at vera.org/downloads/pdfdownloads/ state-incarceration-trends-michigan.pdf).

19. June 10, 2022, Memorandum at 2-7.

20. I d. at 5 (citing, inter alia, Schware v Bd of Bar Examiners, 353 US 232, 241 (1957); United States v Berry, 553 F3d 273, 282 (CA 3, 2009) (“[A] bare arrest record — without more — does not justify an assumption that a defendant has committed other crimes and it therefore can not support increasing his/her sentence in the absence of adequate proof of criminal activity.”); United States v ZapeteGarcia, 447 F3d 57, 60 (CA 1, 2006) (“[A] mere arrest, especially a lone arrest, is not evidence that the person arrested actually committed any criminal conduct.”)).

21. HUD at 6.

22. S ee, e.g., “Appraised: The Persistent Evaluation of White Neighborhoods as More Valuable Than Communities of Color,” Junia Howell and Elizabeth Korver-Glenn, 2022 (available at eruka.org/ appraised); “Black Homeowners Face Discrimination in Appraisals,” New York Times, August 25, 2020 (available at nytimes.com/2020/08/25/realestate/ blacks-minorities-appraisals-discrimination. html); “Home Appraised with a Black Owner: $472,000. With a White Owner: $750,000.,” New York Times, August 18, 2022 (available at nytimes. com/2022/08/18/realestate/housing-discriminationmaryland.html); “Freddie Mac Finds ‘Pervasive’ Bias in Home Appraisal Industry,” Bloomberg, September 30, 2021 (available at news.bloomberglaw.com/ banking-law/freddie-mac-finds-pervasive-bias-inhome-appraisal-industry); “Racial Gap in Appraisals Devalues Homes Owned by People of Color,” Marketplace, June 8, 2021 (available at marketplace. org/2021/06/08/racial-gap-in-appraisals-devalueshomes-owned-by-people-of-color/).

23. “ Identifying Bias and Barriers, Promoting Equity: An Analysis of the USPAP Standards and Appraiser Qualifications Criteria,” National Fair Housing Alliance, January 2022 (available at nationalfairhou sing.org/wp-content/uploads/2022/01/2022-01-18NFHA-et-al_Analysis-of-Appraisal-Standards-andAppraiser-Criteria_FINAL.pdf).

24. Howell and Korver-Glenn, “Appraised.”

25. See, e.g., citations at n 22, supra.

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FEATURE | Aging in Place

Michigan Community Associations Should Begin Preparing Now to Accommodate Senior Residents Aging in Place

By John D. Gwyn

A

s our population ages, condominium and homeowner associations continue to play a crucial role in meeting the evolving needs of older residents. Typically, management companies and boards of directors make up the individuals responsible for maintaining commonelement spaces and may also be tasked with promoting the general well-being in their resident communities. As a result, they must adapt to ensure that services offered, as well as the overall infrastructure, align with the unique requirements of this aging demographic.

20 LACHES MAGAZINE

Aging in Place | FEATURE

With the last of the baby boomers turning 60 in 2024, community associations should begin preparing now to deal with residents aging in place. The 2020 United States Census reports that Michigan has a population of over 2 million adults of senior citizen age, and that number continues to grow at a fast pace. Most of us would prefer to maintain our independence in our later years and avoid burdening family or friends with the assistance we may increasingly need daily.

For those who live in condominiums, community association managers and board members can address resident competency, health and safety, and various financial challenges that occur, and they may be a conduit to letting others know help is needed with certain residents. A priority should be to create more-accessible environments for those living in regulated housing environments. This might be as simple as providing ramps, handrails, and well-maintained walkways to accommodate mobility in a condominium complex. Another option is to organize walking groups and to be supportive of including those persons with varying mobility levels who are using electric wheelchairs or outdoor-use scooters.

Many people want the same things as they get older, such as to stay in their own home, maintain independence for as long as possible, and turn to family and friends for help when needed. For a lot of older adults and their families, there are legitimate concerns about safety, getting around, and handling daily activities.

Residential organizations can assist by ensuring public spaces within residential housing, like community centers and parks, are easily reachable for those with limited mobility. Cre-

ating opportunities for socialization is vital, and associations and their management companies have plenty of opportunities to organize events specifically designed for older residents. A lot of housing groups engage in social networking through their online residential portals to arrange and maintain coffee mornings, book clubs, and gardening groups.

Neighborhood groups may already recognize the importance of health and wellness for older residents and tailor and organize specific programs to meet their needs. Fitness classes, health seminars, and wellness workshops not only address physical health but also contribute to a sense of belonging and social interaction.

A multitude of residents live alone and are independent for as long as they can manage but often feel isolated and may be apprehensive to reach out to others when they are feeling lonely.

When residents start to need elevated care, home-based support may be provided by informal caregivers, such as family members, friends, and neighbors. However, for many individuals, home care professionals are increasingly required.

These professionals may assist with personal care for everyday activities, including bathing, dressing, and completing household chores.

Currently, local Meals on Wheels programs are being utilized at a record pace for seniors in need.

Most families do not realize that even those with higher income levels may qualify for benefits.

Yet another alternative for residents to explore is grocery delivery services that cater specifically to seniors to ensure access to fresh and nutritious food without their having to leave home.

Not only are health and wellness solutions vital, but technological literacy is one of the most important challenges for some older residents.

After the pandemic set in, many of us found ourselves relying on smartphones to scan QR codes at restaurants that had removed physical menus due to health concerns. A lot of older people are not comfortable operating smartphones or simply cannot read small screens and require simpler devices to make calls or access the internet. Some community associations with common spaces, such as meeting rooms or clubhouses, utilize workshops to assist residents in using smartphones, tablets, and other devices that can enhance connectivity and access to essential services.

Condominiums that offer a community pool have a unique opportunity to organize programs for seniors to engage in water aerobics classes and floating exercises. Poolside elements, such as comfortable lounge chairs and shaded areas, can be added to promote relaxation and socializing.

Transportation can be a significant challenge for older individuals who may not feel confident

enough to drive a vehicle anymore. Community associations should explore partnerships with local transportation and help to secure group discounts on ride-sharing services such as Uber and Lyft. These services provide convenient and affordable options for older residents to access medical facilities, shopping centers, and community events. Because metro Detroit is such a large metropolis, especially including the outlying suburbs, utilizing public transportation can be challenging and, therefore, finding volunteer driver programs and local Medicare transportation services becomes even more important.

For many residents aging in place, the challenge may be to find ways to engage themselves and fill their increased leisure time by volunteering or otherwise taking advantage of community service opportunities. Senior Community Service Employment Programs in Michigan, including Oakland County, can assist in training and providing public service opportunities for seniors in hospitals, in schools, and at historical sites. These programs provide an outlet for those at retirement age to work or volunteer on average about 20 hours per week. Some activities are paid positions, usually at the highest minimum wage rate. Also, those who serve without compensation may be reimbursed for expenses like transportation and meals. Community associations can assist in educating older residents regarding these opportunities by placing leaflets or other information in common areas.

Establishing camaraderie among those in need is essential to the overall health and well-being of any community. Adapting community associations to the needs of older residents is not just a responsibility but an investment in creating vibrant, diverse, and age-friendly communities.

John D. Gwyn is an attorney at Cummings, McClorey, Davis & Acho, PLC. He focuses his practice on real estate law, community association law, and commercial and construction litigation.

He represents developers and condominium and homeowner associations with matters involving real estate, contract, and construction issues. He is a member of the Oakland County Bar Association’s Real Estate Committee. Gwyn may be reached at (734) 261-2400 or jgwyn@cmda-law.com.

www.ocba.org

21

ON THE CIRCUIT

Moving Forward Together

By Richard Lynch

A

s I write my article amid the holiday bustle of late December, I wonder how timely it will read when it arrives on your desk in March.

The Sixth Circuit worked to establish our next normal1 last year. The court saw the number of jury trials continue to rise toward their return to pre-pandemic levels with the court trying 159 cases. The Sixth Circuit also conducted a Settlement Week for civil and domestic cases. Of the 419 cases scheduled, the program had resolved at least 167 cases at the time of writing. As some of you know, the court worked to bring unresolved cases to trial before the assigned and visiting judges as quickly as possible under a grant program.

Judges Julie McDonald and Lorie Savin began conducting in-person motion calls, and the Civil/Criminal Division judges also conducted their miscellaneous criminal calls in person.

In other words, court began to look a lot more like court has historically looked for those of us who have been around for a couple of years.

While I stress the benefits of the return of in-person proceedings, let me state the obvious: Remote and/or hybrid proceedings are and will remain a part of court operations moving forward. Indeed, the Michigan Supreme Court recognized this practice in its 2022 amendments to MCR 2.407 and MCR 6.006. While this is not a policy statement of the Sixth Circuit Court, it acknowledges the direction of the Michigan courts.

To ensure the continuation of our post-pandemic next-normal journey, and to provide full access to the legal system, we need to recall the journey that led us to this point.

While I am happy to write that our court system never closed, the transition to remote operations did offer some challenges. Who will ever forget phrases like “Please unmute yourself ” or “Could you turn your camera on?” while on the umpteenth Zoom call for the day? Today, while most courtrooms have removed plexiglass barriers, social distancing

22 LACHES MAGAZINE

spacing requirements, and mask mandates, I continue to receive reports of flu exposures and address close-contact issues.

I appreciate the return of normalcy or the creation of a next normal; however, I fear, like Winston Churchill’s warning about forgetting the past, that as the fear and disruptions of the COVID-19 pandemic fade in our collective memories, we will also lose the lessons that we learned during it. Best practices like covering one’s mouth when coughing, thoroughly washing one’s hands, and staying home when not feeling well no longer carry the urgency that we gave them only a few years ago.

As I write this article, I cannot help but think of the health warnings and increases in “flu-like illnesses” that we encountered during the holidays.2 Even though the overall respiratory illness activity remained low, rates of flu and RSV were increasing throughout Oakland County.3 Perhaps the greatest concern arising from these trends was the fact that the court encountered staff, attorneys, and members of the public who came to the courthouse displaying flu-like symptoms.

While COVID fatigue remains real, we also know that the virus’s role in our lives continues to morph from the terrifying pandemic to part of our lived experience. We also know that we will continue to confront other viruses and flu strains, especially from late fall to early spring. We need to remain vigilant to ensure that we do not experience a resurgence of any

contagion with the resulting challenges that we lived through in 2020.4 With this in mind, I hope that we can all abide by the following basic standards: - Stay home when you are sick and avoid others who are sick; - If you are not feeling well, contact the court about attending a hearing remotely; and - Practice good hand hygiene and cover your coughs and sneezes.5 With these thoughts in mind, I drifted back to Robert Fulghum’s work All I Really Need to Know I Learned in Kindergarten. Concepts like “Clean up your own mess” and “Wash your hands before you eat” and the ones outlined above seem basic, but they boil down to the simple concept that we be considerate of one another.

We are in this together. While we demonstrated that the legal system could operate remotely at the height of a pandemic, the restoration of in-court proceedings has proved invaluable. As we continue to work together, we can ensure that access to justice remains a reality in our community.

Stay healthy!

Richard Lynch is the court administrator for the Oakland County Circuit Court.

Footnotes: 1. Given the number of changes we have experienced over the last four years, I adopt the phrase “next normal” rather than “new normal.”

2. clickondetroit.com/health/2023/12/22/flu-and-covidinfections-are-rising-and-could-get-worse-over-theholidays-cdc-says, last accessed December 28, 2023.

3. cdc.gov/respiratory-viruses/index.html, last accessed December 28, 2023.

4. scientificamerican.com/article/lessons-learned-afterthree-years-of-the-covid-pandemic, last accessed December 28, 2023.

5. cdc.gov/respiratory-viruses/index.html, last accessed December 28, 2023.

JURY TRIALS & UTILIZATION DECEMBER 2023 DATE STARTED

JUDGE

TYPE OF CASE

DISPOSITION

JURY DAYS

12/11/2023

Anderson

2022-282299-FC People v. Li

Cynthia Brown Mariell Lehman

Consp. to Commit C/S Del./Manf. 1,000+ g, Poss. of Firearm in Com. of Felony, CCW

Guilty as Charged

2

12/11/2023

Grant

2021-191433-NI Martin Bell v. Michaline Scally

Christopher Vlachos Benjamin VanGelderen

Personal Injury/Auto Negligence

No Cause

3.5

11/13/2023

Matis

2017-162575-NF Maple Manor Rehab Center v. Farm Bureau Ins.

Stuart Lebenbom James Crocker

No Fault Auto Insurance

Verdict for Plaintiff $114,892.27

5

12/5/2023

O'Brien

2020-274643-FC People v. Jackson

David Champine Frederick Miller

CSC 1st Degree (relationship), CSC 2nd Degree (relationship)

Guilty on Count 1, Count 2 Dismissed

2

12/11/2023

Valentine

2022-281789-FH People v. Howard

Nicole Garmo Amy Hopp

Larceny in a Building

Not Guilty

1

12/12/2023

Valentine

2022-194484-CB Pearson Construction Co. Inc. v. The Daily Co.

Kevin Hendrick Paul McCarthy

Business

Verdict for Dft./ Counter Pltf. $976,958.25

3.5

12/18/2023

Visiting Potts

2019-177997-NI Eddie Smith v. Scott Geisler

Steven Batsikouras Elaine Sawyer

Personal Injury/Auto Negligence

No Cause

3

12/4/2023

Visiting Young

2019-175801-CB Jay Turner v. J & J Slavik Inc.

Mark Demorest C. William Garratt

Business

Directed Verdict for Defense

2.5

12/18/2023

Visiting Young

2020-180556-CZ Guardian Recovery Serv. v. Renato/ Antoinette Davis

Sanford Melder Steven Haney

General Civil

Verdict for Plaintiff $162,786.77

2

12/11/2023

Warren

2022-194547-CB Yusuf Hai v. CIG Capital Advisors, Inc.

Lawrence Garcia David Warren

Business

Verdict for Plaintiff $3,000,000.00

4

CASE NUMBER CASE NAME

ATTORNEYS

www.ocba.org

23

PROBATE

Courthouse Security (Part One)

By Edward A. Hutton III

T

here are two somewhat competing yet incredibly important interests that courts go to great lengths to balance and promote; one is access to the court for all, and the other is the safety of court visitors and staff. We are incredibly fortunate to have great sheriff ’s deputies led by Capt. Melissa McClellan and Lt. Jose Tovar Jr. to ensure the safety of all of us while we are in the Oakland County Probate Court courthouse. A huge part of how they keep the building safe is by anticipating threats and then identifying and stopping those threats as individuals pass through the security screening stations upon entry. You may have found yourself frustrated while waiting in the security line, but the purpose it serves is imperative. The types and number of weapons that people have attempted to enter the building with are mind-boggling.

Capt. Melissa McClellan

I sent Capt. McClellan some off-the-cuff questions about the role the sheriff ’s office plays in keeping our building secure that were

24 LACHES MAGAZINE

just meant to get a conversation started. She collaborated with deputies in the building and sent back answers so thorough and detailed that I am going to pass them along just as I received them. The answers provided were so detailed that I cannot fit all of the information into one article, so this is part one in a two-part piece on building security. Just as an aside: The serious and detailed approach Capt. McClellan took when responding to my questions was not at all lost on me. I immediately interpreted her actions as indicative of the gravity she gives to keeping us safe.

1. What issues do you have to address most often with nonattorney visitors?

One of the most important roles for Oakland County Sheriff ’s Office deputies working security screening stations at the Sixth Circuit Courthouse/Oakland County Probate Court, Oakland County District Courts, and county complex buildings is maintaining the safety and security of the judges, deputies, employees, public, and all who enter. Duties include ensuring that weapons and any sharp objects that can be fashioned into weapons or cause injury do not enter the courthouse or county buildings.

In 2023, a total of 2,784* weapons were intercepted and/or confiscated from entering the Sixth Circuit Courthouse. The weapons included firearms, ammunition, mace, edged weapons, and sharp objects. Attorneys who proceeded through security screening stations account for eight of the 2,784 weapons or sharp objects intercepted. *The 2,784 total for 2023 does not include the month of December.

Issues we most often address with nonattorney visitors are when members of the public attempt to enter the courthouse with sharp objects that can be fashioned into weapons or cause serious injury to others. Most visitors understand that commonly known weapons are not allowed. However, what causes issues, at times, is when deputies conducting security screenings intercept commonly used sharp objects like fingernail files and nail clippers,

sewing needles, small pocketknives, and utility or encased knives found on belts. Deputies have intercepted tools and silverware (metal forks, etc.). Some visitors are unaware or may have forgotten they were in possession of these items.

Public visitors often become frustrated with the security screening process due to limited time to attend court business, especially when sewing needles, pocketknives, fingernail files, and utility knives are intercepted. The public views such items as harmless. However, deputies have confiscated tens of thousands of pocketknives and sharp items, including credit card-type knives that appear to be just a credit card but contain a sharp knife folded down.

Deputies working security screening stations are retired law enforcement officers with decades of experience, and some have seen the effects of serious injuries from what pocketknives, nail clippers, blades, and utility knives can cause.

We want attorneys and the public to know that deputies take a zero-tolerance approach in allowing prohibited weapons and sharp items to enter the courthouse.

2. What issues do you have to address most often with attorneys?

Most often, attorneys (and nonattorney visitors) take issue with removing belts and metal objects out of their pockets that may set off the metal detector devices. Removing belts might be extremely high on the nuisance list for attorneys. TSA [Transportation Security Administration] agents in airports request the same of passengers during security screenings.

It’s important for attorneys to know that taking a few moments to place items that may set off alarms in the containers for screening is more efficient. It prevents delay for manual wand [screening] or rescreening.

3. Can pepper spray be brought into the building?

Pepper spray-type chemicals and mace are prohibited from entering the courthouse. In

PROBATE

2023, deputies intercepted and/or confiscated 408* mace or pepper spray containers from entering the Sixth Circuit Courthouse. Mace or pepper spray over the years has been intercepted from attorneys and nonattorney visitors. Mace or pepper spray-like chemicals can temporarily incapacitate an individual and can be considered a weapon. *The 408 total of mace or pepper spray does not include December of 2023.

4. Can a concealed pistol license (CPL) holder carry a weapon into the building?

Michigan Supreme Court’s Administrative Order No. 2001-1 prohibits any weapons “in any courtroom, office, or other space used for official court business or by judicial employees unless the chief judge or other person designated by the chief judge has given prior approval consistent with the court’s written policy.” Oakland County Sixth Circuit Court’s and Oakland County Probate Court’s policy prohibits the public from carrying all weapons “in the Oakland County Courthouse.” Weapons are not allowed to be brought into the courthouse, and that includes individuals who hold valid CPL licensing.

Firearms and other weapons are intercepted at the courthouse entrances from individuals with or without CPL licensing. From 2018 to 2023, deputies intercepted eight firearms and one large dagger. In 2023, deputies intercepted 2,373* edged weapons and one firearm from entering the courthouse.

Deputies have intercepted quite a few walking canes that contained swordlike large cutting instruments from visitors attempting to enter the courthouse (see photo below). These types of canes are extremely dangerous and have the potential to cause serious injury or death. Intercepting these devices and any other weapons is critical to maintaining safety.

Eliminating or mitigating the opportunity for any individual to possess or gain access to a firearm or weapon inside a courthouse is top priority for all Oakland County sheriff ’s deputies and command assigned to the Sixth Circuit/Oakland County Probate Court courthouse, district courts, and court building facilities. The potential for what can go wrong in any given situation is heightened when a firearm or weapon is introduced.

Although law enforcement officers, including Oakland County sheriff ’s deputies within the courthouses, are highly trained to always retain possession and control of their duty weapons, there is always a slim possibility that under just the right, highly unlikely, circumstances, a service weapon could get into the hands of a wrongdoer that has the intent to use it to harm and kill others. One incident that comes to mind occurred on the west side of the state, in St. Joseph, Michigan. In July of 2016, a detainee was transported to a courtroom at a Berrien County courthouse from a holding cell.

The detainee gained possession of a deputy’s firearm and shot and killed two deputies and wounded another. These incidents unfortunate-

ly remind Oakland County Sheriff ’s Office command and deputies in the courthouse of the potential where extremely dangerous incidents can occur when a weapon gets into the wrong hands. (wwmt.com/news/local/four-people-shotat-a-berrien-county-courthouse) Matters of the court and proceedings take place daily in courthouses where individuals are facing extremely tough situations and emotions often run high. One opportunity to possess a weapon is one opportunity too many. Deputies remain vigilant with maintaining possession and control of their weapons. And it is important that attorneys and the public adhere to [the rules] and understand that no weapons of any kind are allowed to enter the courthouse.

For CPL holders who carry firearms, take an extra moment to double-check that no weapons are brought into the courthouse inside purses, briefcases, boxes, and bags.

5. What can visitors look out for while in the building to help keep themselves and others safe?

Visitors should always be aware of their sur-

roundings. This includes paying close attention to exit signs as they walk through the courthouse and reviewing any posted signs that contain safety information. Visitors should also maintain awareness of their location, what floor they’re on, and where the main entry and exit points are.

If an incident occurs in the courthouse or courtroom, stay calm and follow the directions of deputies and staff. Do not get physically involved in a situation where you may get injured.

If visitors hear or know of anything that impacts safety and security, they should report the matter to a deputy at a security screening station or any deputy in the courthouse.

Follow the practice of “If you see something, say something.”

If a member of the public or someone needs emergency medical assistance while inside the courthouse, alert an employee or deputy close by to call 911, or call 911 on your cellphone and provide your location. Deputies inside the courthouse will be alerted of the medical emergency and respond to provide medical assistance until EMS and the fire department respond.

If someone has left the courthouse and needs to report a safety or security incident of a nonemergency nature during normal business hours, they can call the Sixth Circuit Court/Oakland County Probate Court courthouse security office at (248) 8584618, where a deputy will assist. After hours, to report a potential courthouse safety or security issue, contact Oakland County Emergency Communications and Operations Center at (248) 858-4950.

We appreciate the thankless job the Oakland County Sheriff ’s Office, Capt. McClellan, and the sheriff ’s deputies undertake. They do an incredible job, day in and day out, never compromising safety while always remaining the epitome of professional. I can remember running late for a hearing and getting frustrated that I had to take off my belt and watch to get through security. Now I have a much greater understanding and appreciation of what they do and why it is necessary and hope this article, and part two, help you as well.

Edward A. Hutton III is the Oakland County Probate Court administrator.

www.ocba.org

25

FOUNDATION

Support Real Superheroes

By Mike Turco

27,600,000 ~ 10,037,261 ~ 7 of 10 ~ $1,000

I

hope these seemingly random numbers make you feel sick to your stomach and motivated.

27,600,000. The U.S. Department of State estimates there are 27.6 million worldwide victims of human trafficking. Regardless of the label — trafficking in humans, human trafficking, modern slavery — the crime is the same. The United Nations defines human trafficking as the recruitment, transportation, transfer, harboring, or receipt of people through force, fraud, or deception, with the aim of exploiting them for profit, and says it is practiced everywhere in the world. Traffickers profit by exploiting and forcing victims into commercial sex or forced labor. Forced labor is most prevalent in agriculture, fishing, manufacturing, construction, and domestic work, but no sector is immune.

10,037,261. The Human Trafficking in Michigan: Complete Prevention Guide provides this sobering assessment: “Human trafficking is the second largest and fastest growing criminal industry in the world today — second only to drug trafficking. Human trafficking [is] worth an estimated $150 billion.” According to that same prevention guide, “Michigan ranks seventh in the nation in the number of cases reported by state” to the National Human Trafficking Hotline, (888) 373-7888. The scale of this plague is impossible to comprehend.

Using 2023 United States Census Bureau data as a guide, the number of children, women, and men victimized by human trafficking is more than twice Michigan’s population of 10,037,261 and nearly equal to Texas’s population of about 30.5 million souls. (census.gov) 7 of 10. As the father of three young women, I was sickened to read an April 2023 American Psychological Association article observing that “while boys and men are victims as well, most individuals identified as trafficked for both labor

26 LACHES MAGAZINE

Columbia. Over 250 lawyers, individuals Nate calls legal first responders, with specialization in family, immigration, civil, and criminal law help survivors transition from “exploitation to empowerment.” The Joseph Project’s goal is simple and pure: “Leveraging the Law to Empower the Enslaved.”

The Joseph Project is Nate Knapper’s passion. Nate, a full-time special agent with the Federal Bureau of Investigation, served on a Detroit-based anti-trafficking squad where he investigated human trafficking and child exploitation in our community. Nate is a member of the State Bars of California and Michigan, served as a Michigan assistant attorney general on the Michigan Human Trafficking Commission, and used the horrors of his professional experiences to fuel positive change.

The Joseph Project’s impact has exploded into a national force. Over its short five-year history, The Joseph Project has helped over 400 human trafficking survivors. The organization expects to help between 120 and 130 people in 2024 alone. The demand keeps growing.

Nate Knapper Nate is sincerely (and inexplicably) humble. Even though the organization bears his fingerprints on virtually every positive As a direct result of your generosity, the detail, he gives all credit to his board and Oakland County Bar Foundation granted colleagues. Nate, in particular, explained how $15,000 to support the tireless work of true support from organizations like the Oakland superheroes Nate Knapper and his team at County Bar Foundation allows The Joseph The Joseph Project. The Joseph Project, which Project’s legal director, Amanda Paletz, to influborrows its name and mission from the Biblical ence countless lives across Michigan, including tale of Joseph being sold into Egyptian slavery, many in Oakland County. Amanda manages the is a “nonprofit organization that connects organization’s legal intake process that includes human trafficking survivors with pro bono legal survivor interviews to identify an individual’s services.” (josephproject.com) The organization is unique and often complex needs and then headquartered in Michigan with 10-15 local aligns each individual with legal first responders. professionals who meet with survivors, assess Amanda somehow finds time to selflessly help their legal and personal needs, and arrange for others despite managing her own firm, Paletz free legal services in 31 states and the District of and commercial sex are women and girls. For every 10 victims detected globally, five are adult women and two are girls, according to a report released in 2021 by the United Nations Office on Drug and Crime.”

If these statistics make you sick, which they should, then know you are already fighting the scourge of human trafficking through your participation in the Oakland County Bar Foundation. But we have a lot more work to do.

FOUNDATION Law, with her husband, Matthew. Nate describes Amanda as one of the many “unsung heroes” behind The Joseph Project and says the organization lives its mission through their tireless work.

Besides helping survivors, The Joseph Project also uses your financial support to host educational programs to identify trafficked individuals.

The Joseph Project explains, “Survivor identification is critical to service delivery. The Joseph Project helps the public recognize the crime of human trafficking and the legal collateral damage that results so survivors can be identified and referred to the assistance they require.” If you are interested in learning more about its presentations and other easily digestible programs, please visit The Joseph Project website: josephproject.com. $1,000. Thank you if you have already supported the Oakland County Bar Foundation and, in turn, supported The Joseph Project and other worthy causes. If not, now is the time to act. We always welcome new Fellows.

Your annual dues fuel our grant program and help us help others.

If you or your firm would like to do more, then please consider also supporting us as a Signature Event sponsor. Sponsorship opportunities start at $1,000, and we use most of your contribution to help the less fortunate in our community. For more information, please consult the Oakland County Bar Foundation website, or you are welcome to call me at (248) 971-1800.

Thank you for reading these comments and for your support.

Mike Turco, the president of the Oakland County Bar Foundation, is a business litigator with Brooks Wilkins Sharkey & Turco PLLC, a Fellow in the American College of Trial Lawyers, and the proud dad of three daughters with his wife, Monique.

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COMMITTEES AT WORK OCBA committees and programs help our members stay informed on significant developments in their areas of practice, suggest and help shape improvements to the legal profession, and serve the public. Below are just a few examples of our OCBA committees at work. Consider joining any OCBA committee for the networking and educational opportunities. Best of all, joining a committee is a free benefit of OCBA membership.

To learn more about or to join any one of the OCBA’s 30 committees, visit ocba.org/ committees.

PARALEGAL COMMITTEE Chair: Janel Savaya

Vice Chair: Jessica Schefman

Members of the committee enjoyed an evening of camaraderie while unleashing their inner artist during a special social event at Creative Arts Studio in Royal Oak on December 12, 2023. In addition, they also collected gifts for the Adopt a Family program through Children’s Hospital of Michigan during the month of December.

EMPLOYMENT LAW COMMITTEE Chair: Lindsey Johnson

Vice Chair: Richard Lynch

Michael Chichester Jr., shareholder at Littler Mendelson PC, presented on artificial intelligence in the workforce at the committee’s December 12, 2023, meeting.

Understanding the nuances of emerging AI laws and balancing the benefits of AI implementation with the litigation and compliance risks are critical in preparing for the future of work. Mr. Chichester offered practical guidance on intelligent AI investment strategies in the employment space. The meeting was recorded and can be found at studio.youtube.com/video/ cEt4c9PPjas.

ALTERNATIVE DISPUTE RESOLUTION COMMITTEE Chair: Thomas Vitu

Vice Chair: Michael O’Malley

On Tuesday, December 12, 2023, the committee hosted Janice Holdinski, vice president of labor relations for the American Arbitration Association (AAA). Ms. Holdinski shared 2022 statistics before discussing the procedure of optional appellate rules within the AAA. She also highlighted various tools, tips, and services offered by the organization.

28 LACHES MAGAZINE

COMMITTEES AT WORK

VETERANS LAW COMMITTEE Co-Chairs: William Lynch and David Harrell

On December 2, 2023, members of the Veterans Law Committee participated in Operation Good Cheer, a Christmas gift-giving program fulfilling Christmas wishes for over 7,000 children in foster care across the state.

Committee members supported a total of 12 foster children, ensuring that they would be taken care of this holiday season!

SMART Business Litigators | Business Lawyers altiorlaw.com | 248.594.5252 Our Partners | Kenneth Neuman, Jennifer Grieco, Stephen McKenney, Matthew Smith, and David Mollicone www.ocba.org 29

IN PRO PER Butzel recently announced the election of new shareholders Steven R. Eatherly and Sarah L. Nirenberg.

Based in Butzel’s Detroit office, Steven Eatherly focuses his practice in the firm’s Business and Commercial Litigation group, serving businesses, municipalities, and individuals.

Eatherly is the communications chair for the Michigan Lawyers Chapter of The Federalist Society and a member of the Oakland County Bar Association and State Bar of Michigan. He has been named to the Best Lawyers in America’s list of “Ones to Watch” in commercial litigation (2024) and Michigan Super Lawyers’ list of “Rising Stars” in business litigation (2023).

Eatherly earned his Juris Doctor, magna cum laude, in 2016 from the University of Detroit Mercy School of Law. He received a Bachelor of Arts in 2013 in history, summa cum laude, from the University of Detroit Mercy.

Sarah Nirenberg, based in Butzel’s Troy office, specializes in representing employers for litigation in all areas of employment law, including statutory claims under federal and state law for discrimination, harassment, retaliation, and payment of wages.

She advises employers on various matters where the law is constantly evolving, such as employment applications, arbitration agreements, and workplace drug policies.

Nirenberg formerly served as an assistant prosecuting attorney in the Oakland County Prosecutor’s Office. She is a member of the State Bar of Michigan and the Oakland County Bar Association and was named one of the Best Lawyers in America “Ones to Watch” for labor and employment law (management litigation) and litigation (labor and employment) in 2023 and 2024.

Nirenberg was named to Michigan Lawyers Weekly’s 2022 class of “Up & Coming Lawyers.” She also has been recognized by Michigan Super Lawyers as a “Rising Star” (2023).

She earned her Juris Doctor, cum laude, in 2013 from the Washington University in St. Louis School of Law, where she served as an executive articles editor of the Jurisprudence Review. She graduated in 2009 with a Bachelor of Arts from Michigan State University’s James Madison College.

Collins Einhorn Farrell PC is pleased to announce that attorney Zeina I. Hamadeh has joined the firm. Hamadeh focuses her practice on defense litigation for the firm’s General and Automotive Liability practice group. Her practice includes the defense of personal injury, general and automotive liability, and construction defect claims. She has experience with all types of automotive and general liability claims through all phases of litigation.

Prior to joining Collins Einhorn, Hamadeh served as in-house counsel at a national insurance carrier. She is bilingual, speaking both English and Arabic.

Altior Law, P.C., is thrilled to announce that Lucy Budreau has joined the firm as an associate.

Budreau is experienced in commercial litigation, including shareholder disputes, real estate, commercial construction, and contract disputes in both state and federal court, as well as experienced in probate court. She has handled all aspects of litigation, including motions for summary disposition, mediations, and trial. Budreau obtained her undergraduate degree from the University of Michigan and her law degree from Michigan State University, where she earned the Jurisprudence Achievement Awards for Research, Writing and Analysis and for Advocacy and was a finalist in MSU’s advocacy program. Budreau has also served as an intern for the State Bar of Michigan’s Access to Justice initiatives.

NEW MEMBERS in December Hassan Abraham Aaishwarya Aeron Rachel P. Anderson Emily Barr Elizabeth Rose Blondin Alison Brandt Matthew Chess Jennifer Leigh Churay Katherine Collins Alison Faith Duffy Jeremy Michael Ellis Monica Finkelstein Lowell S. Friedman Joshua Matthew Goldberg 30 LACHES MAGAZINE

Jacob Guigar Dima Hajj Ahmad Connor Hoffman Emma Elizabeth Hook Mackenzie Kohler Jasmine Marchwinski Gilbert Edward Morrison Paula Opalewski Kimberley Ashley Parrish Charles Perricone Luke John Popiel Benjamin P. Rizza Danielle Romano Alison Jill Rosen

Sali Salfiti Michael Daniel Spinazzola Stephanie Michelle Tartaglia Kaleb Jonathon TerBush Zachary Michael Thomas Mari Tilashalski Christopher Tower Nichole Grace Van Blaricum Mckayla Elizabeth Vella Colette Elizabeth Verch Delaney Walsh Michael Yaldo

OCBA PEOPLE

AND PRACTICAL ASSOCIATION STAFF Executive Director Jennifer Quick (jquick@ocba.org) Deputy Director of Membership and Foundation Katie Tillinger (ktillinger@ocba.org) Finance Director Susan Maczko (smaczko@ocba.org) Professional Development Director Shanay Cuthrell (scuthrell@ocba.org) Marketing Communications Specialist MB Cairns (mcairns@ocba.org) District Court Case Evaluation Administrator Kari Ross (kross@ocba.org) Bookkeeper Mayly McRae (mmcrae@ocba.org) Public Services Administrator Janise Thies (jthies@ocba.org) Membership Coordinator Cathy Oaten (coaten@ocba.org) Receptionist Deborah Keegstra (dkeegstra@ocba.org) Administrative Assistant Lori Dec (ldec@ocba.org)

Business Litigators | Business Lawyers altiorlaw.com | 248.594.5252 Our Partners | Kenneth Neuman, Jennifer Grieco, Stephen McKenney, Matthew Smith, and David Mollicone

Property Appraiser 30 years experience

All Property types Tested Expert Witness Timely – Credible – Efficient – Dependable Jumana Judeh, PhD, MAI, CCIM, MCAO

Office: 313-277-1986 Mobile: 313-801-2603 Email: JumanaJ@JudehOnLine.com

Unless otherwise indicated, please call (248) 334-3400 for assistance.

Address Changes........................................................ Mayly McRae Billing.......................................................................... Susan Maczko Board of Directors..................................................... Jennifer Quick Case Evaluator Applications............................................... Kari Ross Committees.................................................................Katie Tillinger District Court Case Evaluation............................................ Kari Ross Event Photos.................................................................... MB Cairns Finance....................................................................... Susan Maczko Inns of Court.............................................................Shanay Cuthrell Judicial Candidate Fora................................................ Janise Thies LACHES Magazine.................................................... Jennifer Quick Lawyer Referral Service – (248) 338-2100...................... Janise Thies Member Illness & Death Notification..........................Katie Tillinger Membership................................................................Katie Tillinger New Lawyer Admissions..............................................Katie Tillinger News Releases.................................................................. MB Cairns Oakland County Bar Foundation.................................Katie Tillinger OCBA Policies........................................................... Jennifer Quick Pro Bono Mentor Match Program................................. Janise Thies Professional Development/CLE................................Shanay Cuthrell Room Rental Reservations................................... Deborah Keegstra Speakers Bureau............................................................ Janise Thies Volunteer Opportunities................................................ Janise Thies Website..................................................................... Jennifer Quick

ADVERTISING INDEX Altior Law 29 Altior Law 31 Caron Koteles Riha, Realtor and Associate Broker 7 Dickinson Wright PLLC 7 Fabian, Sklar, King & Liss, P.C. 17 Globe Midwest Adjusters International Inside Back Cover The Googasian Firm, P.C. Back Cover Hohauser Kuchon 17 Jefferson Law Center 13 Judeh & Associates 31 Kobliska 9 Kutinsky PLLC 9 Law Offices of Todd J. Stearn, P.C. 9 Maddin Hauser 27 Max Broock Realtors Inside Front Cover Morgan & Jones PLLC 19 NAI Farbman Group 27 Switalski Law & Consulting P.C. 19 Wachler & Associates, P.C. 13

www.ocba.org

31

ADJOURNED

December 7, 2023 | The Townsend Hotel, Birmingham

Nearly 400 OCBA members and guests enjoy an elegant evening with festive music, delectable food, and great company.

From left to right: Tanya Lundberg, Judge Debra Nance, Esse Tuke, and Maya Younis.

From left to right: Christopher Tower, Rick Rattner, Tom Ryan, Kelly Allen, Michael Schloff, Judge Phyllis McMillen, Robert Badgley, and Kurt Schnelz.

Poncé Clay and Urenia Ricks-Johnson.

From left to right: James Swaim, Kimberly Matis, Judge Jennifer Callaghan, Judge Jeffery Matis, Sean Callaghan, and Paul Stablein.

Michael Dean poses for his caricature rendering.

From left to right: Alexander Ayar, Jamie Martone, and Mike Serra.

From left to right: Judge Amanda Shelton, Alexander Sheldon-Smith, and Moneka Sanford.

32 LACHES MAGAZINE

PROUDLY SERVING MICHIGAN ATTORNEYS AND THEIR CLIENTS FOR 100 YEARS

To learn more contact: Stuart Dorf, JD, CPAU at: 248.915.0399 | sdorf@globemwai.com

globemwai.com

Number 666 | March 2024

LACHES

Oakland County Bar Association 1760 S. Telegraph, Suite 100 Bloomfield Hills, Michigan 48302-0181

If you are receiving duplicates of this magazine, please call the OCBA at (248) 334-3400.

We are trial lawyers who pursue justice for those whose lives have been shattered by the misconduct and malpractice of others.

> Catastrophic injury cases > Malpractice litigation > Auto claims

248-540-3333 www.googasian.com The Googasian Firm, P.C. 6905 Telegraph Road, Suite 140 Bloomfield Hills, Michigan 48301 (248) 540-7213 (fax) contact@googasian.com

Nearly all our clients come to us at the recommendation and referral of another lawyer or one of our own clients. We work hard each day to earn and keep our reputation as lawyers who honor referrals and take superb care of other lawyers’ clients, family members, and friends in times of crisis and need.

The Googasian Firm, P.C. Craig M. Weber • George A. Googasian Thomas H. Howlett • Dean M. Googasian