Macomb County man files lawsuit over tiny home ban

A Shelby Township man is suing a municipality in Macomb County for preventing him from building a tiny home because of an ordinance that bars houses smaller than 1,200 square feet.

Jordan McBain filed a lawsuit against Chesterfield Township in Macomb County Circuit Court on Monday, alleging the minimum square footage requirement – or what he and others refer to as “snob zoning” – violates state civil rights and equal protection laws.

“Minimum square footage requirements are preventing the construction of tiny homes, which could serve as a lifeline for those in need of affordable housing,” McBain tells Metro Times .

McBain cited federal statistics that show a disproportionate number of retirees, Black residents, and people with disabilities are experiencing homelessness.

Tiny homes, he and other activists say, are a potential solution to homelessness, but too many cities and townships forbid them.

More progressive communities like Detroit have embraced tiny homes as an affordable alternative to expensive houses.

McBain wants to set a precedent in court “that protects the rights of all citizens to access affordable housing, regardless of their income, disability status, or minority affiliation.”

The dispute over the township’s square footage requirements began when McBain bought property on 26 Mile Road, where he wants to build a small home for himself and his dog.

But township officials forbade him, citing the square footage requirements.

McBain points out that many communities claim that tiny homes are lowering property values and destroying neighborhood character. But, he says, housing is priced on a per-square-foot basis, “making the reasoning flawed.”

“Contrary to the township’s claims, tiny homes can be made attractive and integrated seamlessly into existing neighborhoods,” he explains. “Meanwhile, townships allow the construction of massive homes that drastically alter neighborhood character, revealing that these regulations are more about controlling who can live in the community and ensuring future tax revenue than about genuine public interest.”

McBain says the restrictive zoning laws make no sense and are hurting lower-income people.

“These restrictive laws also endanger retirees with limited resources, who may be forced out of their homes due to unaffordable repairs, and young adults just starting their lives, who are denied access to low-cost housing,” he says. “In a society where gun owners have the right to choose automatic weapons, should not homeowners have the right to choose their mode of living?”

In his lawsuit, McBain alleges the township is violating Michigan's Elliott Larsen Civil Rights Act, the Persons with Disabilities Civil Rights Act, and the state constitution's Equal Protection Clause.

McBain is hoping to find organizations to file amicus briefs in support of his lawsuit.

Nationwide, tiny homes have exploded in popularity. They’re more eco-friendly, less expensive, and are an attractive alternative to large homes. As home prices continue to skyrocket, more people are choosing smaller homes.

Home Depot has cashed in on the trend , offering 30 varieties of pre-frabricated tiny home frame kits. Amazon also sells tiny homes .

Chesterfield Township Supervisor Bradley A. Kersten says he can't comment on the lawsuit because it’s in litigation.