The federal Fair Housing Act in Michigan is reinforced by two state laws that reach further than the federal statute: the Elliott-Larsen Civil Rights Act (ELCRA) and the Persons with Disabilities Civil Rights Act (PWDCRA). Together they protect renters, buyers, and homeowners from discrimination based on race, color, national origin, religion, sex, familial status, disability, age, marital status, sexual orientation, and gender identity or expression. If you believe you’ve been discriminated against, you have three ways to act: file with the Michigan Department of Civil Rights within 180 days, file with HUD within one year, or sue in court within two years.
Who Is Protected
The federal Fair Housing Act prohibits housing discrimination on seven grounds: race, color, national origin, religion, sex, familial status, and disability.1U.S. Department of Housing and Urban Development. Housing Discrimination Under the Fair Housing Act Michigan law adds more. ELCRA covers everything the federal law covers and also protects against discrimination based on age, marital status, sexual orientation, and gender identity or expression. The PWDCRA separately protects the right to obtain housing without discrimination because of disability.2Michigan Courts. Landlord-Tenant Benchbook – Discrimination in Housing
The extra state categories matter in practice. A Michigan landlord who refuses to rent to someone because the applicant is unmarried, is 62 years old, or is transgender violates state law, even where federal enforcement on the same ground is uncertain. ELCRA’s coverage of sexual orientation and gender identity was confirmed by the Michigan Supreme Court in Rouch World, LLC v. Department of Civil Rights (2022), which read the statute’s ban on sex discrimination to include both.3Justia. Rouch World LLC v. Department of Civil Rights
Disability: Accommodations and Modifications
Disability rights break into two distinct requirements that landlords and tenants often confuse.
A reasonable accommodation is a change to a rule, policy, or practice so that a person with a disability can equally use and enjoy the home.4Electronic Code of Federal Regulations. 24 CFR 100.204 – Reasonable Accommodations The most common example is an assistance animal. A landlord with a strict no-pet policy must allow a service animal or emotional support animal when there is a connection between the tenant’s disability and what the animal does for them. A letter from a healthcare provider can support the request, but no particular form of documentation is required by law.
A reasonable modification is a physical change to the unit, such as grab bars, a widened doorway, or a ramp. Under both the PWDCRA and the federal Fair Housing Act, a landlord cannot refuse to allow one when it’s needed for accessibility.5Michigan Legislature. Michigan Compiled Laws MCL 37.1506a In private rental housing, the tenant pays for the work. The landlord may require a restoration agreement and may require the tenant to pay into an interest-bearing escrow account to cover future restoration costs.4Electronic Code of Federal Regulations. 24 CFR 100.204 – Reasonable Accommodations In federally assisted public housing the rule flips: the housing provider generally pays under Section 504 of the Rehabilitation Act, unless doing so would be an undue financial burden.6HUD Exchange. In Public Housing, Who Is Responsible for Paying for Physical Modifications to a Unit or Common Use Space
What Landlords, Sellers, and Agents Cannot Do
The Fair Housing Act makes it unlawful to refuse to sell or rent, to set different terms or conditions, or to falsely represent that a unit is unavailable based on a protected characteristic.7Office of the Law Revision Counsel. United States Code Title 42 Section 3604 That reaches everything from rejecting an application to charging a higher security deposit to offering worse lease terms. ELCRA carries the same prohibitions across the state-added categories.
Steering and Redlining
Steering is when a real estate agent nudges buyers or renters toward or away from particular neighborhoods based on a protected characteristic. Redlining is when lenders deny mortgages or impose worse terms based on a neighborhood’s demographics. Both are prohibited under federal fair housing regulations, and MDCR investigates steering claims that reinforce racial or economic segregation.8eCFR. 24 CFR Part 100 – Discriminatory Conduct Under the Fair Housing Act
Advertising
Any notice, statement, or advertisement for a rental or sale that signals a preference or limitation based on a protected class is illegal, even if the landlord would in fact rent to anyone who applied.7Office of the Law Revision Counsel. United States Code Title 42 Section 3604 Phrases like “adults only,” “no children,” or “Christian household” break the law. The advertising ban applies even to housing that is otherwise exempt from the Fair Housing Act; the violation is the publication itself.
Harassment and Retaliation
Federal regulations recognize two forms of housing harassment. Quid pro quo harassment is when a housing provider conditions housing or favorable terms on unwelcome conduct, such as demanding sexual favors for a lease renewal. Hostile environment harassment is conduct severe or pervasive enough to interfere with a tenant’s use and enjoyment of the home; a single incident can qualify if it is severe enough. Courts judge these claims from the perspective of a reasonable person in the victim’s position.9eCFR. 24 CFR 100.600 – Quid Pro Quo and Hostile Environment Harassment
Retaliation is separately unlawful. A landlord who raises rent, refuses to renew a lease, or files an eviction after a tenant complains about discrimination is violating federal law.10Office of the Law Revision Counsel. United States Code Title 42 Section 3617
Neutral Policies With Discriminatory Effects
A policy doesn’t have to be intentionally discriminatory to violate the Fair Housing Act. The U.S. Supreme Court confirmed in Texas Department of Housing and Community Affairs v. Inclusive Communities Project (2015) that facially neutral rules can be challenged when they disproportionately harm a protected group, though a challenger must show a direct link between the specific policy and the disparity. In Michigan this comes up with blanket criminal-history bans, minimum income requirements set unusually high, and occupancy rules that effectively exclude families with children.
When the Rules Don’t Fully Apply
Both federal and Michigan law carve out narrow exemptions, and the two systems don’t line up.
Federal exemptions from most (though not all) of the Fair Housing Act’s prohibitions:
- Owner-occupied buildings with four or fewer separate units.11GovInfo. United States Code Title 42 Section 3603
- A private owner of no more than three single-family houses who sells or rents without a real estate agent. If the owner doesn’t live in the house, the exemption applies to only one sale within any 24-month period.11GovInfo. United States Code Title 42 Section 3603
ELCRA is narrower. It exempts only owner-occupied buildings with two or fewer separate families where the owner or an immediate family member (spouse, parent, child, or sibling) lives in one of the units, plus a homeowner renting out a former primary residence for up to 12 months if they lived there for at least three months immediately before the tenancy.12Michigan Legislature. Michigan Compiled Laws MCL 37.2503 The result: a Michigan landlord who lives in and owns a triplex or fourplex may be exempt from the federal Fair Housing Act’s core provisions but is still fully covered by ELCRA. And in every case, the advertising rules still apply.
Religious organizations and private clubs may limit housing to their own members under federal law, provided they don’t discriminate on other protected grounds. Senior communities that meet the requirements of the federal Housing for Older Persons Act can restrict residency to those 55 and older or 62 and older depending on the community’s designation.13eCFR. 24 CFR Part 100 Subpart E – Housing for Older Persons ELCRA has its own senior housing exemption for housing designed for persons 50 or older.12Michigan Legislature. Michigan Compiled Laws MCL 37.2503
How to File a Complaint
Three routes, three different clocks. Pick based on the law you want enforced and how much time has passed.
MDCR: 180 Days
The Michigan Department of Civil Rights handles claims under ELCRA and the PWDCRA. You must file within 180 days of the discriminatory act. You can submit a complaint online, by phone at 1-800-482-3604, or in person. MDCR prepares a formal complaint for you to sign and then investigates, attempting to settle at each stage.14Michigan Department of Civil Rights. Michigan Department of Civil Rights Complaint Investigation This is the shortest deadline, and it’s the one that most often catches people off guard.
HUD: One Year
For claims under the federal Fair Housing Act, you have up to one year from the last discriminatory act to file with HUD’s Office of Fair Housing and Equal Opportunity.15U.S. Department of Housing and Urban Development. Learn About FHEO’s Process to Report and Investigate Housing Discrimination HUD may investigate directly or refer the matter to MDCR as a Fair Housing Assistance Program partner. If HUD finds reasonable cause and the case doesn’t settle, it goes to a federal administrative law judge, though either side can elect to have the case tried in federal court instead.16Office of the Law Revision Counsel. United States Code Title 42 Section 3612
Private Lawsuit: Two Years
You can skip the administrative process and sue directly in state or federal court within two years of the last discriminatory act or breach of a conciliation agreement, whichever is later.17Office of the Law Revision Counsel. United States Code Title 42 Section 3613 Time spent in an administrative case doesn’t run the two-year clock. A court can award compensatory damages for out-of-pocket losses and emotional distress, punitive damages for intentional discrimination, and attorney fees.
Penalties and Remedies
Federal civil penalties in administrative cases are capped per violation and adjusted for inflation:
- No prior violations: up to $26,262 per act.18eCFR. 24 CFR 180.671 – Assessing Civil Penalties for Fair Housing Act Cases
- One prior violation within five years: up to $65,653.18eCFR. 24 CFR 180.671 – Assessing Civil Penalties for Fair Housing Act Cases
- Two or more prior violations within seven years: up to $131,308.18eCFR. 24 CFR 180.671 – Assessing Civil Penalties for Fair Housing Act Cases
A landlord who committed multiple discriminatory acts in one case can be penalized for each. In court cases, there is no statutory cap on compensatory or punitive damages, and Michigan courts can order compensatory damages for financial losses and emotional distress, attorney fees, and punitive damages for intentional or egregious conduct.
Money is rarely the whole remedy. Settlements and court orders commonly require written nondiscrimination policies, fair housing training for employees, affirmative marketing to previously excluded groups, and ongoing recordkeeping and reporting, typically under federal oversight for three to five years. The U.S. Department of Justice or the Michigan Attorney General can pursue pattern-and-practice cases, and criminal charges are possible in extreme cases involving fraudulent housing schemes targeting protected groups.