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Fair Housing

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1. What is Fair Housing?

The basic concept of fair housing is that every person has the same fundamental right to purchase, lease, or occupy residential real property. Under the federal, state, and local law, no person shall be subjected to discrimination because of race, color, religion, sex, handicap, familial status, or national origin in the sale, rental, or advertising of dwellings, in the provision of brokerage services, or in the availability of residential real estate-related transactions.

Michigan law adds age, height, weight and marital status protections. Chapter 22 of the City Code further prohibits discrimination based on age, height, weight, sexual orientation, gender identify or expression, student status, legal source of income or the use of adaptive devices or aids.

2. Why was this policy created?

The Fair Housing Act of 1988 was enacted to address the increase of discrimination cases related to housing across the United States.

3. What are the acts that prohibit any kind of discrimination?

The Fair Housing Act was enacted in 1988 by the Congress. The Secretary of Housing and Urban Development has the authority and responsibility for administering the Fair Housing Act, while the Michigan Elliot-Larsen Civil Rights Act prohibits discrimination in Michigan.


Locally, the City of East Lansing is required to demonstrate to HUD on an annual basis that it "affirmatively furthers fair housing." Chapter 22 of the City Code prohibits discrimination in real estate transactions.

4. Who is protected from discrimination?

The Fair Housing Act prohibits discrimination because of race, color, religion, sex, national origin, familial status or disability. Michigan law adds age and marital status protections. Chapter 22 of the City Code prohibits discrimination because of age, height, weight, sexual orientation, gender identification or expression, student status, use of adaptive devices or aids or legal source of income.

5. Who potentially conducts acts of discrimination?

Essentially, those in a position to make decisions as to whether a person gets access to housing opportunity can potentially make a discriminatory action. This would include providers of housing, such as landlords, homeowners and real estate companies as well as other entities, such as municipalities, banks or other lending institutions and insurance companies.

6. What actions are considered to be housing discrimination?

It is discriminatory to take the following actions based on the protected classes mentioned above. Refusal to sell or rent a dwelling or refusal to negotiate with persons for the sale or rental of a dwelling. Denial of, or imposition of limitations on the use of services or facilities, relating to the sale or rental of a dwelling. Publication of any advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on renter/buyer characteristics (such as "no students" or "students only").


Falsely denying that any dwelling is not available for sale or rental when such dwelling is in fact available. Refusal of making or purchasing of a loan (for constructing, improving, repairing, maintaining a dwelling) that is secured by residential real estate. Changing the terms and conditions for making available loans or other financial assistance for sale or rent of a dwelling. Limiting availability of professional real estate services including selling, brokering or appraising of residential real property

7. What does discrimination based upon religion mean?

The Fair Housing Act prohibits housing discrimination based upon religion. This prohibition covers instances of direct discrimination against members of a particular religion as well other indirect actions, such as zoning ordinances designed to limit the use of private homes as places of worship.

8. What does "discrimination because of sex" mean?

"Sex" includes, but is not limited to:

• Childbirth
• Pregnancy
• Medical condition related to pregnancy or childbirth

Discrimination because of sex includes sexual harassment which means unwelcome sexual advances, requests for sexual favors and other verbal of physical conduct or communication of sexual nature.

9. What does "national origin" mean?

"National origin" includes the national origin of an ancestor and shall include persons who are not naturalized citizens.

10. What does discrimination against familial status mean?

The Fair Housing Act, with some exceptions, prohibits discrimination in housing against families with children under the age of 18. The Act also prohibits housing providers from imposing any special requirements or conditions on tenants with custody of children.

11. What does "sexual orientation" mean?

"Sexual orientation" means being or regarded as being heterosexual, homosexual, bisexual, transgender, or having a history or such identification.

12. What does “gender identity or expression” mean?

Gender identity or expression means a person's actual or perceived gender, including a person's self-image, appearance, expression, or behavior, whether or not that self-image, appearance, expression, or behavior is different from that traditionally associated with the person's biological sex as assigned at birth.

13. What "student status" refers to?

"Student status" refers to a person enrolled in an educational institution recognized by the State of Michigan in pursuit of a recognized degree.

14. What kind of housing is covered by the Fair Housing Act?

Almost all types of housing with four or more units in one building that have been designed and constructed since March 13, 1991 are covered. This includes:

• Apartment buildings
• Assisted living projects
• Condominiums
• Cooperatives
• Dormitory rooms
• Homeless shelters used as a residence
• HOPE VI projects
• Hospices
• Projects funded with HOME or other federal funds
• Public housing authorities
• Transitional housing and SROs (single room occupancy units) designed for more than overnight stay
• Vacation or other time share units
• And more

If there is at least one elevator in the building, all units must comply. If there is no elevator, all of the ground floor units must comply.

15. Are there some exemptions of the Fair Housing Act?

Yes, in some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker and housing operated by organizations and private clubs that limit occupancy to members. In addition, the Act exempts "housing for older persons" from the prohibitions against discrimination because of familial status in some circumstances.

16. What does housing for elderly people mean?

The definition of "housing for older persons" comprises three categories of housing, including 1) Housing provided under any federal, state or local program that HUD determines is specifically designed for and occupied by elderly persons, 2) housing intended for, and solely occupied by, persons 62 years of age or older and 3) housing intended and operated for occupancy by at least one person who is 55 or older in at least 80 percent of the occupied units and adheres to a policy that demonstrates an intent to house persons who are 55 or older.

17. How can I recognize that I have experienced discrimination?

Housing discrimination is not always very obvious. These are some of the most frequent things a person may hear:

• "Sorry, we just rented the last apartment"
• "No kids in this building"
• "You can't put a ramp in here"
• "You might feel more comfortable in another neighborhood"
• "We must have lost your application"
• "Your son and daughter can't share a bedroom"

18. What can I do if I believe I have a grievance?

The Human Relations Commission of the City of East Lansing is the entity which deals with discrimination cases in East Lansing. If you live within the corporate limits of East Lansing, you should contact the City's Human Resource Department at (517) 319-6873 or write to them at:
410 Abbot Rd.
East Lansing, MI 48823


The Human Relations Commission will gather information about your situation and attempt to resolve the situation if a case of discrimination is established. Learn more about filing a complaint.

19. What information should I provide to the City's Human Resource Department?

1. Your name, address and telephone numbers where you can be reached;
2. The name, address of the people/organization you believe discriminated against you
3. A brief description of how you were discriminated against in an activity related to housing
4. The date(s) to the alleged violation
5. If there is a specific property involved, you should provide the property's address and physical description,such as apartment, condominium, house, or vacant lot
6. Why you believe the discrimination occurred

20. Who can advise me if I want to make accessibility improvements to my house or property?

Contact the City's Building Division at (517) 319-6871 and speak with one of the building inspectors.

21. What is considered a handicap in terms of fair housing?

The Fair Housing Act defines a "handicap" as follows: a physical or mental impairment which substantially limits one or more of such person's major life activities, a record of having such an impairment or being regarded as having such an impairment, however, such term does not include current, illegal use or addiction to a controlled substance.


The term mental or physical impairment may include conditions such as:

• Alcoholism
• Blindness
• Chronic fatigue
• Drug addiction
• Head injury
• Hearing impairment
• HIV infection
• Learning disability
• Mental illness
• Mental retardation
• Mobility impairment

The term major life activity may include:

• Breathing
• Caring for oneself
• Hearing
• Learning
• Performing manual tasks
• Seeing
• Speaking
• Walking
• Working

22. What is the relation between the person with a handicap and the buyer/seller of a dwelling?

The Fair Housing Act prohibits discrimination of a person with a handicap when he/she is the buyer / renter, a person residing or intending to reside in that dwelling or any person associated with that person.

23. What does discrimination against people with disability mean?

The Fair Housing Act place a strong focus on the protection of the persons with handicap rights and prohibits discrimination on the basis of a disability in all types of housing transactions. In addition, the Fair Housing Act prohibits discrimination against people because of a handicap as follows:

• Refusal to permit, at the expense of the handicapped person, reasonable modifications of existing buildings occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the building
• Refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling

24. What kind of technical requirements are for any building to comply with related to persons with a handicap?

There are several acts and ordinances that refer to the technical requirements of a building regarding person with handicap accessibility. The Fair Housing Act requires all newly constructed multi-family dwellings of four or more units intended for first occupancy after March 13, 1991, to have certain features:

• Accessible common and public use areas
• Accessible entrance on an accessible route
• Accessible routes into and through each dwelling,
• Doors sufficiently wide to accommodate wheelchairs
• Light switches, electrical outlets, and thermostats in accessible location
• Reinforcements in bathroom walls to accommodate grab bar installations
• Usable kitchens and bathrooms configured so that a wheelchair can maneuver about the space

25. What are the law requirements for new buildings?

The Fair Housing Act requires seven basic requirements that must be met to comply with the access requirements of the Fair Housing Act. Those Requirements are:

• An accessible building entrance on an accessible route
• Accessible common and public use areas
• Usable doors (usable by a person in a wheelchair)
• Accessible route into and through the dwelling unit
• Light switches, electrical outlets, thermostats and other environmental controls in accessible locations
• Reinforced walls in bathrooms for later installation of grab bars
• Usable kitchens and bathrooms

26. Where can I find the accessibility standards for dwelling units required to be accessible under the Fair Housing Act's design and construction requirements?

The requirements are stated in the Fair Housing Act, as amended, 42 U.S.C. 3604(f)(3)(C). To describe these requirements in more detail, HUD published a document entitled Fair Housing Accessibility Guidelines on March 6, 1991 and supplemented the guidelines with a Questions and Answers About the Guidelines published on June 28, 1994. The Guidelines are one of seven safe harbors for compliance that HUD has identified.

27. Does the Fair Housing Act require any minimum number of accessible dwelling units?

No, design and construction requirements under the Fair Housing Act does not require a minimum number of accessible dwelling units. If a building with four or more units does not have an elevator, all (100%) of the ground floor units must be accessible.


If the building has an elevator, all (100%) of the units in the building must be accessible. Other federal, state and local codes sometimes require a specified number of units to be accessible.

28. Do the Fair Housing Act's design and construction requirements apply to detached single-family homes?

No, design and construction requirements under the Fair Housing Act only apply to covered multi-family dwellings and buildings that have four or more units. In buildings that have an elevator, all of the units are covered. If the building does not have an elevator, all of the ground floor units are covered. This includes single-family homes when there are four or more in the building (for example, condominiums). However, detached single-family houses are not covered by the Fair Housing Act's design and construction requirements.


Although the Fair Housing Act's design and construction requirements may not apply to detached single-family homes, the Fair Housing Act's other provisions, such as nondiscrimination in sales, rental, or financing practices, do apply. Other laws may require accessibility in detached single-family houses.

29. Why are there so many new townhouse developments that have more than one level and that aren't accessible? Doesn't the Fair Housing Act's design and construction requirements prohibit them?

The Fair Housing Act's design and construction requirements do not cover multistory townhouses. Units that have two, three or even four stories - unless the building has an elevator.

30. Do the Fair Housing Act's design and construction requirements cover condominiums?

Yes. The Fair Housing Act's design and construction requirements cover condominiums in covered multifamily dwellings. The design and construction requirements make no distinctions based on ownership.

31. What is the effective date of the Fair Housing Act's design and construction requirements?

The Fair Housing Act's design and construction requirements apply to housing that was designed and constructed for first occupancy after March 13, 1991. They apply to properties that were occupied after that date and those where the last building permit or renewal of a building permit was issued after June 15, 1990.


Other requirements in the Fair Housing Act, such as those generally forbidding discrimination based on disability and requiring that reasonable accommodations and reasonable structural modifications be made if they are necessary for a person with a disability to use housing, went into effect on March 12, 1989, six months after the amendments were passed by Congress.

32. Who can be sued for violations of the design and construction requirements of the Fair Housing Act?

Under the Fair Housing Act, the following persons and entities may be sued:

1. Any person or entity involved in the design and construction of the building may be held liable for violations of the Act
2. A later owner of a building may be held liable if the later owner makes structural changes so that the building does not meet the access requirements
3. A person or entity that has bought a building or property after it was designed and constructed may be sued when that person or entity is necessary to provide authority to remedy violations

Individual owners or occupants of inaccessible units who were not involved in building, developing, or managing them, and who own only individual units will not be named in HUD complaints.

33. What does "covered multifamily dwellings" mean?

Covered multifamily dwellings are all dwelling units in buildings containing four or more units with one or more elevators, and all ground floor units in buildings containing four or more units, without an elevator.