'U' Housing billing policy may be illegal

Students being charged for vandalism

University officials do not know who tore off a $1,500 bulletin board from a sixth floor wall in Couzens Residence Hall on March 19.

But the University is planning to pro-rate the cost of replacing the bulletin board among the floor's residents unless the perpetrator comes forward, according to a letter sent to sixth floor residents by Couzens' Coordinator of Residence Education Edwin Mayes.

Housing Information Director Alan Levy said that during the past three years, the University has on four occasions charged entire floors for vandalism without proof of who committed the offense. Housing officials were unable to estimate the total amount billed in all of the incidents.

Ann Arbor attorney David Cahill said the University's group-billing policy is illegal under the property damage section of the Michigan Landlord-Tenant Relationships Act.

"A landlord cannot just claim the tenant caused damages," Cahill said. "If the tenant says, 'no this is not my damage,' the landlord has to sue the tenant for damages in Circuit Court."

University co-Interim General Counsel Dan Sharphorn said residence hall living, which includes disciplinary and educational services, is different than more traditional housing arrangements. He said these differences exempt the University from state landlord-tenant laws.

"We take the position that (landlord-tenant statutes) don't apply" to residence halls, Sharphorn said. "This is a communal living situation as compared to traditional, single self-enclosed rental units."

LSA first-year student and Couzens sixth-floor resident Rick Gordan said he is surprised the University could charge the entire floor for damages even though there was no proof someone on the hall committed the offense.

"There's 650 people in the hall," Gordan said. "Anyone can let any person in. There's no key to the sixth floor ... there (are a) lot of people from other floors who are up on our hall" at night.

Cahill said the University's claim that it has more rights than other landlords violates legal precedent. He said the University is obligated to abide by state landlord-tenant laws when dealing with residence hall residents.

The University's "idea is kind of like 'U' Housing is a hotel, and they can make up laws as they go along," Cahill said. "The same sort of thing was ruled not to be legally enforceable in local courts in the case of the YMCA two or three years ago.

"The YMCA evicted tenants and claimed it could do so because it offered a non-traditional living arrangement," Cahill said. The circuit court ruled the YMCA had to follow state landlord tenant laws.

Cahill said he believed the University legally has to abide by the same precedent.

Mayes said this is the first time he has charged residents under the group billing statute. He said sixth floor residents have caused problems throughout the year, including prior incidents of vandalism.

"Since October, we've had constant problems with noise and alcohol, to the point where security has to make extra rounds between 2 a.m. and 4 a.m.," Mayes said. "I don't take (group billing) lightly. It has to be a year-long problem."

LSA first-year student David Stern, a sixth floor resident, said he acknowledges that his floor is rowdy at times, but said rowdiness is not justification for charging his hall for vandalism. Stern said he and others will not pay the fine.

"Before I (pay) it, I'd definitely talk to a lawyer," Stern said. "Almost everyone in (my hall) doesn't know who did it and most people don't care who did it."

Levy said all group billing charges are charged to a resident's student account. He said late fees will be levied against students who refuse to pay the fine.

Cahill said the only way the group billing law would be changed is if a group of students took the University to court.

Eliminating the group billing law "would require a big fight," Cahill said. "Some group would probably need to file suit against the University."

04-01-98