Department of Civil Rights v. Beznos Corp.

Per Curiam.

Beznos Corporation owns two apartment complexes in Farmington Hills. The Department of Civil Rights found that certain policies of Beznos violated the Elliott-Larsen Civil Rights Act, MCL 37.2101 et seq.; MSA 3.548(101) et seq. The policies in question restricted use of complex swimming pools by children and restricted families with children to certain apartment buildings. The department issued an order which required Beznos to give up its policies and to pay damages and attorney fees to various complainants. Beznos petitioned for review of the department’s decision in circuit court and, after a trial de novo pursuant to MCL 37.2606; MSA 3.548(606), the department’s decision was reversed. The department appeals by right.

At issue here is MCL 37.2502; MSA 3.548(502), which provides in part:

"(1) A person engaging in a real estate transaction, or a real estate broker or salesman, shall not on the basis *503of religion, race, color, national origin, age, sex, or marital status of a person or a person residing with that person:
"(a) Refuse to engage in a real estate transaction with a person.
"(b) Discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith.”

MCL 37.2103(a); MSA 3.548(103)(a) contains the following definition:

" 'Age’ means chronological age except as otherwise provided by law.”

If the language used in a statute is clear and unambiguous, we must enforce it as written, but, if the language is ambiguous, we must ascertain and effectuate the intent of the Legislature. Davis v River Rouge Bd of Ed, 73 Mich App 358, 363; 251 NW2d 585 (1977). The statute at issue here prohibits discrimination on the basis of chronological age in real estate transactions but makes no mention of disparate treatment of families with children. Relationships between parents and their children are more than simply relationships between persons of different ages.

An exhaustive study of the problem of discriminatory treatment of families with children is: Note, Why Johnny Can’t Rent — An Examination of Laws Prohibiting Discrimination Against Families in Rental Housing, 94 Harv L Rev 1829 (1981). Disparate treatment is common and becoming increasingly more common. Id., pp 1833-1835. The problem of disparate treatment may be the result of economic pressures in the housing market. Id., pp 1835-1836:

*504. "The social and economic forces fueling this growth in child-exclusion policies are not fully understood. Landlords might exclude families because of children’s 'mischievousness, boisterousness and rowdyism.’ In fact, 73% of the landlords surveyed in the 1980 HUD [R. Marans, M. Colten et al., Measuring Restrictive Rental Practices . Affecting Families With Children: A National Survey 8 (1980) (prepared for the Office of Policy Development and Research, Department of Housing and Urban Development, by the Survey Research Center, Institute for Social Research, University of Michigan)] study considered unsupervised children to be a problem. Although the desire to avoid these inconveniences might partially explain the growth of exclusionary practices, it is unlikely that landlords would severely restrict their market for this reason alone.
"A more persuasive explanation for child-exclusion policies lies in the financial advantages accruing to a landlord who restricts tenancy to adults. It has been suggested that landlords can avoid unnecessary costs by refusing to rent to families. Eighty-one percent of the landlords surveyed in the 1980 HUD study indicated that the maintenance costs associated with renting to families were either 'a big problem’ or 'somewhat a problem.’ Higher insurance costs were also seen as troublesome, although to a lesser extent. If landlords are unable to pass on these higher costs because of rent control or weak demand, exclusionary practices might be their only way of making ends meet. But there is a more lucrative aspect to child exclusion. The evidence suggests that some landlords are able to command a premium for excluding children. The 1980 HUD study indicated that rent in buildings that restrict children tends to be higher than in those that admit them freely. A detailed 1980 study of the Atlanta rental housing market corroborated this finding. Vacancy rates were lower, rents higher, and waiting lists longer for adults-only units than for those that accepted children.” (Footnotes omitted.)

While the department’s goal may be laudable, the construction of the statute it advocates would *505force landlords to bear increased economic burdens and would force other tenants to live near children against their wishes. While the discriminatory treatment of families with children is the subject of considerable national controversy, we cannot conclude that the Legislature intended such a major innovation in the law to be affected by implication. Absent clear language as to this specific question, we decline to infer a broad legislative intention to require that all apartments be made available to children.

Affirmed. No costs, a public question being involved.