What fair housing laws must landlords follow?

Fair Housing Laws Michigan Landlords Must Follow

As a landlord operating in Michigan, it is essential to understand and comply with fair housing laws designed to protect tenants and prospective renters from discrimination. These laws ensure equal access to housing and promote fair treatment across all communities. Michigan landlords must adhere not only to federal regulations but also to state-specific laws that provide additional protections.

Key Fair Housing Laws Applicable in Michigan

Federal Fair Housing Act (FHA)

The federal Fair Housing Act is the foundation of housing discrimination law nationwide. Under the FHA, landlords are prohibited from discriminating against tenants or prospective tenants based on:

• Race
• Color
• National origin
• Religion
• Sex (including gender identity and sexual orientation)
• Familial status (presence of children under 18)
• Disability

Michigan’s Elliott-Larsen Civil Rights Act

In addition to the FHA, Michigan enforces the Elliott-Larsen Civil Rights Act (ELCRA), which extends protections in housing beyond federal law. The ELCRA prohibits discrimination based on:

• Race
• Color
• Religion
• National origin
• Age
• Sex
• Height
• Weight
• Familial status
• Marital status
• Disability

Importantly, ELCRA’s coverage of age, height, and weight provides protections not explicitly mentioned in the FHA, making it vital for Michigan landlords to recognize these as protected classes.

Persons with Disabilities: Michigan Law and Federal Protections

Both federal and Michigan laws provide strong protections regarding disability. Under the FHA and ELCRA, landlords must:

• Make reasonable accommodations in rules, policies, practices, or services when necessary for a person with a disability to use and enjoy housing.
• Permit reasonable modifications to rental units or common areas at the tenant’s expense if necessary to accommodate a disability.
• Refrain from inquiries or screening practices that discriminate against disabled applicants.

Michigan’s Persons with Disabilities Civil Rights Act reinforces these protections in housing, ensuring landlords provide equal opportunity to disabled individuals.

Local Ordinances

Certain cities or municipalities in Michigan may have additional fair housing ordinances that offer expanded protections or clarify enforcement procedures. Landlords should verify local rules in areas like Detroit, Ann Arbor, or Grand Rapids to ensure compliance at all jurisdictional levels.

Practical Compliance Requirements for Michigan Landlords

Advertising and Marketing

• Avoid language that implies a preference or limitation based on any protected class. For example, do not specify “no children” or “ideal for single professionals.”
• Use inclusive language and focus on the features of the property rather than tenant characteristics.

Application and Screening Processes

• Apply the same criteria equally to all applicants.
• Do not ask questions or require information related to protected classes (e.g., race, religion, marital status).
• Provide reasonable accommodations for applicants with disabilities, such as accessible application formats or additional time.

Lease Terms and Housing Services

• Treat all tenants fairly when enforcing lease terms and house rules.
• Allow accommodations for tenants with disabilities, for example, permitting a service animal even if pets are generally prohibited.
• Avoid discriminatory actions in maintenance, repairs, or access to common areas.

Handling Complaints and Violations

• Establish a fair procedure to address tenant concerns about discrimination.
• Cooperate with investigations by Michigan’s Department of Civil Rights or federal agencies.
• Understand that violations can lead to legal penalties, including fines or lawsuits.

Summary of Protected Classes for Michigan Landlords

Conclusion

Michigan landlords are required to comply with both federal and state fair housing laws, which prohibit discrimination and promote equal opportunity for all individuals seeking housing. Familiarity with the Elliott-Larsen Civil Rights Act’s expanded protections, along with the federal Fair Housing Act, is crucial for managing rental properties lawfully and ethically. By implementing nondiscriminatory practices in advertising, tenant screening, leasing, and property management, landlords contribute to a fair and inclusive housing market within Michigan. Regularly reviewing legal responsibilities and consulting legal experts or Michigan-specific resources can further ensure compliance.