If you rent or buy a home in Michigan, you are protected by the federal Fair Housing Act and by two state laws that reach further: the Elliott-Larsen Civil Rights Act (ELCRA) and the Persons with Disabilities Civil Rights Act (PWDCRA). Together they bar housing 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 treated unlawfully, you have three ways to act: a complaint with the Michigan Department of Civil Rights within 180 days, a complaint with HUD within one year, or a private lawsuit within two years.
Who’s Protected in Michigan
Federal law covers seven characteristics: 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 adds more. ELCRA prohibits housing discrimination based on race, color, religion, national origin, age, sex, sexual orientation, gender identity or expression, familial status, and marital status. The PWDCRA separately guarantees the right to obtain housing without discrimination because of a disability.2Michigan Courts. Landlord-Tenant Benchbook – Discrimination in Housing
The explicit coverage of sexual orientation and gender identity reflects the Michigan Supreme Court’s 2022 decision in Rouch World, LLC v. Department of Civil Rights, which held that ELCRA’s ban on sex discrimination covers both.3Justia. Rouch World LLC v. Department of Civil Rights A Michigan landlord who refuses to rent based on an applicant’s age, marital status, sexual orientation, or gender identity violates state law.
What Landlords and Sellers 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 because of a protected characteristic.4Office of the Law Revision Counsel. United States Code Title 42 Section 3604 That reaches application rejections, higher security deposits, and worse lease terms. ELCRA mirrors these prohibitions for the additional state-protected classes.
Advertising
Any notice 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 actually rent to anyone who applied.4Office of the Law Revision Counsel. United States Code Title 42 Section 3604 Phrases like “adults only,” “no children,” or “Christian household” in a listing are violations in themselves. The advertising rule applies even to housing that is otherwise exempt.
Steering and Redlining
Steering is when a real estate agent nudges buyers or renters toward or away from particular neighborhoods based on race, religion, familial status, or another protected characteristic. Redlining is when lenders deny mortgages or impose worse terms based on a neighborhood’s demographic makeup. Both are prohibited.5eCFR. 24 CFR Part 100 – Discriminatory Conduct Under the Fair Housing Act
Harassment and Retaliation
Federal regulations recognize two forms of housing harassment. Quid pro quo harassment conditions housing or favorable terms on unwelcome conduct, such as demanding sexual favors for a lease renewal. Hostile environment harassment involves conduct severe or pervasive enough to interfere with a tenant’s ability to use and enjoy their home; a single incident can qualify if severe enough.6eCFR. 24 CFR 100.600 – Quid Pro Quo and Hostile Environment Harassment
Retaliation is separately prohibited. A landlord who raises rent, declines to renew, or files eviction against a tenant for making a discrimination complaint is breaking federal law.7Office of the Law Revision Counsel. United States Code Title 42 Section 3617
Policies That Hit Protected Groups Harder
A rule doesn’t have to be intentionally discriminatory to be unlawful. In Texas Department of Housing and Community Affairs v. Inclusive Communities Project (2015), the U.S. Supreme Court confirmed that the Fair Housing Act allows disparate impact claims against facially neutral policies that disproportionately harm a protected group. The challenger must show a direct connection between a specific policy and the statistical disparity. This matters for blanket bans on any criminal history, income minimums set unusually high, or occupancy rules that effectively exclude families with children.
Disability: Accommodations and Modifications
Housing providers must make reasonable accommodations in rules, policies, and practices when needed for a person with a disability to have equal opportunity to use and enjoy a dwelling.8Electronic Code of Federal Regulations. 24 CFR 100.204 – Reasonable Accommodations The most common example is assistance animals. A landlord must allow a service animal or emotional support animal despite a no-pet policy, provided there is a connection between the disability and the support the animal provides. A letter from a healthcare professional can support the request; no specific documentation form is legally required.
Reasonable modifications are a different right. Under both the PWDCRA and the federal Fair Housing Act, a landlord cannot refuse to let a tenant with a disability make physical changes, such as installing grab bars, widening doorways, or adding a ramp, when those changes are necessary for accessibility.9Michigan Legislature. Michigan Compiled Laws MCL 37.1506a In private housing, the tenant pays. The landlord can require a restoration agreement and can require payments into an interest-bearing escrow account to cover future restoration costs.8Electronic 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 create an undue financial burden.10HUD Exchange. In Public Housing, Who Is Responsible for Paying for Physical Modifications to a Unit or Common Use Space
When the Rules Don’t Fully Apply
Both federal and Michigan law carve out limited exemptions, but they are narrower than many landlords assume, and the advertising ban applies regardless.
The federal Fair Housing Act exempts two categories from most prohibited practices:
- Owner-occupied buildings with four or fewer separate units where the owner lives in one of them.11GovInfo. United States Code Title 42 Section 3603
- Single-family homes sold or rented by a private owner who owns no more than three such houses and does not use a real estate agent. If the owner doesn’t live in the house, this exemption applies to only one sale within any 24-month period.11GovInfo. United States Code Title 42 Section 3603
Michigan’s exemption is narrower. ELCRA 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. It also exempts 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 So a Michigan owner who lives in a triplex or fourplex may be exempt from the federal Act’s core provisions but is still fully covered by ELCRA.
Religious organizations and private clubs may limit housing to their own members under federal law, as long as they don’t discriminate on other protected grounds within that membership. Senior housing communities meeting the requirements of the federal Housing for Older Persons Act can lawfully restrict residency to those 55 and older or 62 and older, depending on 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 years of age or older.12Michigan Legislature. Michigan Compiled Laws MCL 37.2503
How to File a Complaint
You have three options, each with its own clock running from the date of the discriminatory act.
Michigan Department of Civil Rights — 180 Days
MDCR handles claims under both ELCRA and the PWDCRA. File within 180 days. Complaints can be submitted online, by phone at 1-800-482-3604, or in person. MDCR will prepare a formal complaint for you to sign, investigate, and attempt settlement at every stage.14Michigan Department of Civil Rights. Michigan Department of Civil Rights Complaint Investigation This is the deadline that catches people off guard, so don’t wait to see how things play out.
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 case to MDCR as a Fair Housing Assistance Program partner.
Private Lawsuit — Two Years
You can skip the administrative process and sue in state or federal court. The deadline is two years from the last discriminatory act or breach of a conciliation agreement, whichever is later, and time spent in an administrative proceeding doesn’t count against it.16Office of the Law Revision Counsel. United States Code Title 42 Section 3613 A court can award compensatory damages for out-of-pocket losses and emotional distress, punitive damages for intentional discrimination, and attorney fees. Filing fees typically range from roughly $200 to $435 depending on the court, and some courts waive fees for low-income plaintiffs.
What You Can Recover
Federal civil penalties in administrative proceedings scale with the violator’s history and are adjusted for inflation:17eCFR. 24 CFR 180.671 – Assessing Civil Penalties for Fair Housing Act Cases
- No prior violations: up to $26,262 per discriminatory act.
- One prior violation within five years: up to $65,653.
- Two or more prior violations within seven years: up to $131,308.
These are per-violation caps. A landlord with multiple discriminatory acts in a single case can face penalties for each. In court, there is no statutory cap on compensatory or punitive damages. Michigan courts can order compensatory damages for financial losses, emotional distress, and attorney fees, and can impose punitive damages for intentional or egregious conduct.
Enforcement often reshapes how a housing provider operates. Settlement agreements and court orders commonly require written nondiscrimination policies, mandatory fair housing training for staff, affirmative marketing to previously excluded groups, and ongoing recordkeeping and reporting. The Department of Justice or the Michigan Attorney General’s office may pursue pattern-or-practice cases, and in extreme cases involving fraudulent schemes targeting protected groups, criminal charges are possible.