Beyond Bending Tell You How
The Fair Housing Act Michigan is a law that prohibits discrimination in the rental, sale, and financing of housing based on race, color, religion, national origin, sex, disability, and family status. This law was enacted in 1968 as part of the Civil Rights Act and has been amended over the years to strengthen its protections. The Fair Housing Act Michigan is enforced by the Michigan Department of Civil Rights and the U.S. Department of Housing and Urban Development (HUD).
If you are a tenant, landlord, real estate agent, or lender in Michigan, it is important to understand your rights and responsibilities under the Fair Housing Act Michigan. In this blog post, we will provide an overview of the law, its protections, and how it is enforced. We will also discuss some common questions and issues related to fair housing in Michigan.
Protected Classes under the Fair Housing Act Michigan
The Fair Housing Act Michigan protects seven classes of people from discrimination in housing:
| Race | Color | Religion |
| National origin | Sex | Disability |
| Family status |
It is illegal to discriminate against someone in housing based on any of these protected classes. This means that a landlord cannot refuse to rent to someone because of their race, a lender cannot deny a loan because of someone’s disability, and a real estate agent cannot steer someone away from a certain neighborhood based on their national origin.
Prohibited Actions under the Fair Housing Act Michigan
The Fair Housing Act Michigan prohibits several actions in the rental, sale, and financing of housing. These actions include:
- Refusing to rent or sell housing
- Setting different terms or conditions for the rental or sale of housing
- Discriminating in the financing of housing
- Harassing someone because of their protected class
- Denying someone access to a housing facility or service
It is important to note that not all discrimination is intentional. The Fair Housing Act Michigan also prohibits practices that have a discriminatory effect, even if the discrimination was not intentional. For example, a landlord may have a policy of requiring a certain income level for tenants, but if that policy disproportionately affects people of a certain race or national origin, it may be considered discriminatory.
Exemptions to the Fair Housing Act Michigan
While the Fair Housing Act Michigan is broad in its protections, there are some exemptions to the law. These exemptions include:
- Owner-occupied buildings with four or fewer units
- Single-family homes sold or rented by the owner without the use of a real estate agent
- Housing operated by organizations and private clubs that limit occupancy to members
- Housing intended for senior citizens that meets certain criteria
It is important to note that even if a property is exempt from the Fair Housing Act Michigan, discrimination based on a protected class is still illegal under other state and federal laws.
Enforcement of the Fair Housing Act Michigan
The Fair Housing Act Michigan is enforced by the Michigan Department of Civil Rights and HUD. If you believe you have been discriminated against in housing, you can file a complaint with either agency. The agencies will investigate the complaint and take appropriate action if discrimination is found.
There are several remedies available to victims of housing discrimination, including:
- Compensatory damages
- Punitive damages
- Injunctions to stop discriminatory practices
- Attorney’s fees and court costs
If you are a landlord, real estate agent, or lender, it is important to have policies and procedures in place to ensure compliance with the Fair Housing Act Michigan. This includes training employees, advertising properties in a non-discriminatory way, and treating all applicants and tenants equally.
Common Questions and Issues
Here are some common questions and issues related to fair housing in Michigan:
Can a landlord refuse to rent to someone with a criminal record?
It is not illegal to refuse to rent to someone with a criminal record, but landlords must be careful not to discriminate based on race or national origin. If a landlord has a policy of refusing to rent to anyone with a criminal record, that policy may have a discriminatory effect on people of color who are disproportionately represented in the criminal justice system.
Can a landlord require a certain income level for tenants?
Landlords can require tenants to meet certain income requirements, but those requirements cannot be based on a protected class. For example, a landlord cannot require that tenants have a certain income level if that requirement disproportionately affects people with disabilities.
Can a landlord refuse to rent to someone with a service animal?
No. Under the Fair Housing Act Michigan, people with disabilities are allowed to have service animals in their homes, even if the property has a “no pets” policy. Landlords must make reasonable accommodations for people with disabilities and their service animals.
Can a landlord ask about someone’s immigration status?
No. Immigration status is not a protected class under the Fair Housing Act Michigan, but it is still illegal to discriminate based on national origin. Asking about someone’s immigration status could be seen as discriminatory and could lead to a complaint of housing discrimination.
What should I do if I believe I have been discriminated against in housing?
If you believe you have been discriminated against in housing, you should file a complaint with either the Michigan Department of Civil Rights or HUD. You should also consider consulting with an attorney who specializes in fair housing law.
Conclusion
The Fair Housing Act Michigan is an important law that protects people from discrimination in housing. Landlords, real estate agents, and lenders must understand their rights and responsibilities under the law to ensure compliance and avoid lawsuits. If you believe you have been discriminated against in housing, you should file a complaint with the appropriate agency and seek legal advice.
