As a landlord in Michigan, adhering to the Michigan Fair Housing Act is not only essential for maintaining positive landlord-resident relationships but also for ensuring compliance with federal and state laws. Fair housing rights are designed to promote access to equal housing opportunities and prevent discrimination in the rental process.
The federal Fair Housing Act establishes protections for individuals seeking housing, ensuring that every person is treated fairly. The Fair Housing Amendments Act further strengthens these protections by expanding fair housing rights and reinforcing the legal framework against discrimination.
Fair housing laws apply in various situations, including when a home buyer seeks a mortgage, a person applies for housing assistance, or a resident looks for a rental home. By following Michigan fair housing laws and the Fair Housing Amendments Act, Michigan landlords can create an inclusive and legally compliant rental environment for all.
The following covers the fair housing aspect of Michigan landlord-tenant laws so you know what you need about the fair housing act when renting out a property in Michigan.
What Is the Federal Fair Housing Act?
The Federal Fair Housing Act prohibits housing-based discrimination on the basis of seven protected classes: race, color, sex, national origin, familial status, religion, and disability. Various states have also passed laws in addition the Federal Fair Housing Act to add extra protected classes to cover their residents, including Michigan.
The Fair Housing Amendments Act of 1988 expanded the Fair Housing Act, providing protections against discrimination in all housing transactions based on disability and familial status, and strengthening enforcement mechanisms for those impacted by discriminatory practices.
What Are the Protected Classes Under the Michigan Fair Housing Laws?
Fair housing laws in Michigan include all seven of the federally protected classes (race, color, sex, national origin, familial status, religion, and disability) and add additional protected categories, including age, marital status, sexual orientation, gender/sex identity or expression, height, and weight.
The Michigan Department of Civil Rights is the state agency that oversees housing discrimination complaints.
Michigan landlords found guilty of housing discrimination against these protected classes may be liable for the following:
- Monetary damages.
- Criminal penalties.
- Administrative fines.
- Injunctive relief.
What Type of Discrimination Does the Fair Housing Act Forbid?
Under Michigan Fair Housing Act, as a landlord you’ll want to desist from doing the following:
- Housing discrimination against a resident based on race. For instance, making negative comments about a resident’s race or making assumptions about a person's income or ability to afford rental payments is against fair housing laws.
- Housing discrimination based on a resident's gender identity or expression is unlawful. For example, it is unlawful to treat a person unfairly because their gender identity or expression is female, this is against fair housing laws.
- Housing discrimination against a resident based on color. For example, denying housing to someone because they are Black is against fair housing laws.
- Discrimination against a resident based on their religion. It’s illegal, for instance, to deny renting to a Muslim woman because she wears a hijab.
- Housing discrimination based on their sexual orientation. For example, denying housing to a same-sex couple after learning about their sexual orientation, even though they meet all the rental requirements, is against Michigan fair housing laws.
- Housing discrimination based on a resident’s national origin. For instance, refusing a prospective resident because they are from another country, have a foreign name, or are associated with a particular nationality. It’d also be discriminative to make negative comments about someone’s culture or language.
- Familial status discrimination. An example of housing discrimination based on familial status would be refusing to lease your property to a resident because they have children. Or, charge them a higher rate because you believe that families with children are more likely to cause property damage.
- Housing discrimination based on marital status. For example, not renting your Michigan property to a couple because they are choosing to live together but aren't married is against fair housing laws.
- Discriminating against a resident based on a physical or mental disability. For example, refusing to accept a prospective resident because they have a disability, making discriminatory statements about their disability, or failing to provide the resident access for reasonable accommodation is against Michigan fair housing laws.
Are There Any Exemptions to the Fair Housing Laws?
Yes, a few exemptions do exist to the Fair Housing Act for housing providers. Exemptions to federal fair housing laws are as follows.
- Owner-occupied buildings. Where an owner lives in one of the units in an owner-occupied building. The building must have a maximum of four units to be exempt from fair housing regulations.
- Single-family homes rented out by the owner without the use of brokerage services. The owner must not own more than three single-family housing units at one time to be exempt from fair housing laws.
- Housing operated by private clubs or religious organizations. These types of housing are exempted from fair housing laws as long as they are not offered for sale or renting to members of the general public.
- Housing meant for people aged over 55 years. The housing must, however, meet specific requirements to qualify for the fair housing exemption.
How Can Landlords Avoid Fair Housing Discrimination Complaints?
As a landlord, Michigan fair housing laws require you to follow specific rules to ensure fair treatment of residents and prevent discrimination against protected classes. It’s important to uphold such access to housing in Michigan by doing the following:
- Treat all prospective residents equally and fairly regardless of their race, color, national origin, religion, or any other protected class.
- Use a standardized rental application for all prospective residents.
- Understand all federal, Michigan state, and local laws regarding fair housing and protected classes.
- Screen all residents fairly and use the same screening process for every applicant seeking housing.
- Have clear policies. For instance, you’ll want residents to know the timeframe you have for responding to maintenance requests. Otherwise, a resident may feel discriminated against if another case is handled more quickly than theirs.
- Follow standardized and legal procedures when allowing a Michigan resident to break their lease early.
- Always be respectful and professional when you interact with your Michigan renters.
Michigan Fair Housing Laws: Bottom Line
Ensuring compliance with federal and local laws is essential for every landlord in Michigan. By adhering to the protections established under the Fair Housing Act and the Civil Rights Act, Michigan landlords can provide equal access to housing for every person, regardless of age, sexual orientation, gender/sex or marital status.
The National Fair Housing Alliance plays a critical role in advocating for these housing protections, reinforcing the importance of fair housing practices. Discriminatory actions, whether intentional or unintentional, can lead to legal consequences, as Michigan law extends protections to additional classes, including age, disability, marital status, sexual orientation, gender/sex identity, gender/sex expression, height, and weight.
As a landlord, treating all residents fairly and respectfully is not only legally required but also helps foster a positive rental experience. Upholding fair housing standards ensures that every person has access to safe and equitable housing opportunities, further strengthening the commitment to the principles of the Civil Rights Act and the mission of the National Fair Housing Alliance.
If you have a question or need expert services for managing your rental property, contact Compass Property Management today. We provide property owners in the Grand Rapids area with professional full-service property management services. Get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
