Michigan Fair Housing Compliance: Laws & Protected Classes Guide

Key Takeaways

• Michigan fair housing laws prohibit discrimination based on religion, race, color, national origin, age, sex, sexual orientation, gender identity, familial status, marital status, and disability
• Property owners and managers must understand both federal and Michigan-specific fair housing requirements
• Violations can result in significant penalties, making proactive compliance essential
• Technology tools can help prevent discriminatory language and ensure listing compliance
• Regular training and audits are recommended best practices

Understanding Michigan Fair Housing Laws

Michigan has comprehensive fair housing laws that work in conjunction with federal Fair Housing Act requirements to protect residents from housing discrimination. The Elliott-Larsen Civil Rights Act serves as the primary state law addressing housing discrimination in Michigan.

Protected Classes in Michigan

Michigan law provides broad protections against housing discrimination, covering the following protected characteristics:

• Religion
• Race
• Color
• National origin (including ancestry)
• Age
• Sex
• Sexual orientation
• Gender identity or expression
• Familial status (including pregnancy)
• Marital status
• Disability

Ready to ensure your listings are always compliant? Schedule a demo with FairSentry to see how FairSentry can automatically screen your content for potential violations.

Prohibited Discriminatory Practices

Under Michigan law, housing providers cannot engage in the following discriminatory practices:

1. Refusing to sell, rent, or lease housing
2. Discriminating in terms, conditions, or privileges of housing
3. Making discriminatory statements or advertisements
4. Representing that housing is unavailable when it is actually available
5. Steering protected classes to particular neighborhoods
6. Refusing reasonable accommodations for persons with disabilities

For more information on avoiding discriminatory language in advertising, see our guide on Preventing Discriminatory Language in Property Advertisements.

Compliance Requirements for Property Managers

Documentation and Record Keeping

Property managers should maintain: - Written fair housing policies and procedures - Records of all applications and tenant selections - Documentation of reasonable accommodation requests - Copies of all advertising materials - Training records for staff

Advertising Guidelines

When creating property listings and advertisements: - Avoid language that could indicate preference or discrimination - Include the Equal Housing Opportunity logo - Focus on property features rather than desired tenant characteristics - Use consistent screening criteria for all applicants

Learn more about compliant advertising in our Writing Compliant Property Listings guide.

Reasonable Accommodations

Michigan law requires housing providers to: - Consider all reasonable accommodation requests - Engage in interactive dialogue with disabled residents - Allow modifications at the resident's expense - Permit service animals, even in "no pets" properties

Best Practices for Maintaining Compliance

Regular Training

Implement regular fair housing training that covers: - Current state and federal laws - Protected classes specific to Michigan - Proper handling of reasonable accommodation requests - Compliant advertising practices - Documentation requirements

Consistent Policies

Develop and maintain: - Written tenant selection criteria - Standard application processes - Uniform screening procedures - Clear reasonable accommodation policies - Documentation requirements

Technology Solutions

Consider implementing: - Automated compliance screening tools - Digital documentation systems - Fair housing training platforms - Listing review software

Learn more about technology solutions in our article on Automated Fair Housing Compliance.

Penalties for Non-Compliance

Violations of Michigan fair housing laws can result in: - Civil penalties - Compensatory damages - Attorney fees and costs - Required training and monitoring - Damage to reputation

For more details on potential consequences, see our article on The Cost of Non-Compliance.

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Preventing Violations

Regular Audits

Conduct regular audits of: - Marketing materials and listings - Application processes - Tenant selection procedures - Reasonable accommodation practices - Staff training records

Documentation Best Practices

Maintain thorough records of: - All applicant interactions - Tenant selection decisions - Reasonable accommodation requests - Maintenance and repair requests - Staff training completion

Use of Technology

Implement tools for:

• Automated listing screening
• Digital documentation management
• Training tracking
• Compliance monitoring

FAQ

What is the primary fair housing law in Michigan?

The Elliott-Larsen Civil Rights Act is Michigan's primary fair housing law, working in conjunction with federal Fair Housing Act requirements.

Are there additional protected classes in Michigan beyond federal law?

Yes, Michigan provides additional protections based on age, sexual orientation, gender identity or expression, and marital status.

How long should housing providers maintain fair housing documentation?

It's recommended to maintain records for at least three years, though longer retention periods may be advisable for certain documents.

What should I do if I receive a discrimination complaint?

Respond promptly, document everything, and consider seeking legal counsel. Maintain professionalism throughout the process.

Are there exemptions to Michigan fair housing laws?

Some limited exemptions exist, such as certain owner-occupied buildings, but it's crucial to consult with legal counsel to determine if any exemptions apply to your situation.

Conclusion

Compliance with Michigan fair housing laws requires ongoing attention to detail, regular training, and robust documentation practices. Property managers and owners should stay informed about both state and federal requirements while implementing comprehensive compliance programs. Using technology solutions and maintaining consistent policies can help prevent violations and ensure fair treatment for all applicants and residents.

Remember that fair housing laws are regularly updated and interpreted through case law. Consider working with legal counsel to review your policies and procedures regularly, and implement automated compliance tools to help prevent violations before they occur.