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Map of Michigan eviction risk by county

Fair Housing Protected Classes in Michigan 2026

Federal Fair Housing Act baseline plus Michigan-specific additions under MCL § 37.2502 (Elliott-Larsen Civil Rights Act).

12 classes Total protected (7 federal + 5 state)
Local Only Source-of-income protection
5 additions Beyond federal baseline
$25,597 Federal first-offense max civil penalty (24 C.F.R. § 180.671)
Federal baseline (uniform in Michigan): The Fair Housing Act, 42 U.S.C. § 3604, prohibits discrimination based on race, color, religion, national origin, sex (incl. sexual orientation and gender identity per HUD 2021), familial status, and disability. These seven classes are enforceable in Michigan through HUD complaint regardless of what state law says.

Source of Income, Section 8 / HCV Status in Michigan

Michigan: Local SOI Ordinances Only.

Michigan has no statewide source-of-income law, but several cities/counties have local ordinances. Landlords must check the local ordinance where the rental unit is located before refusing a voucher.

All 12 Protected Classes in Michigan

Federal classes apply uniformly. The classes shaded green below are Michigan-specific additions under MCL § 37.2502 (Elliott-Larsen Civil Rights Act).

Race (federal)
Color (federal)
Religion (federal)
National Origin (federal)
Sex (federal)
Familial Status (federal)
Disability (federal)
Religion (broader)
Marital Status
Age
Sexual Orientation
Gender Identity / Expression

Recent Michigan Statutory Activity

PA 6 of 2023 amended Elliott-Larsen to expressly include sexual orientation and gender identity.

The first question most Michigan landlords ask is whether they can turn away a Section 8 voucher holder, and the honest answer is: it depends on where the rental sits. Michigan has no statewide source-of-income law, so a landlord may legally refuse a Housing Choice Voucher in much of the state — but some Michigan cities and counties have passed local ordinances that protect vouchers, and in those places refusing Section 8 is illegal. Before you reject any voucher applicant, check your local ordinance first.

Everything else flows from one statute: MCL § 37.2502, the Elliott-Larsen Civil Rights Act, enforced by the Michigan Department of Civil Rights. Elliott-Larsen reaches well past the seven federal Fair Housing Act classes (race, color, national origin, religion, sex, familial status, and disability), adding several categories Michigan landlords must screen and advertise around carefully.

The statute and who enforces it

Michigan housing discrimination law lives in MCL § 37.2502, the Elliott-Larsen Civil Rights Act. It runs parallel to the federal Fair Housing Act but is broader, and it is enforced by the Michigan Department of Civil Rights rather than a court in the first instance. A tenant or applicant who believes they were refused, steered, or treated differently can file a complaint directly with the department, which investigates, attempts conciliation, and can refer matters for formal action. Because both the state and federal schemes apply at once, a single act — a discriminatory ad, a slammed door, a steeper deposit for one group — can expose a Michigan landlord to a state Elliott-Larsen claim and a separate federal complaint. The two systems stack; they do not cancel each other out.

What Michigan protects beyond the federal seven

On top of the seven FHA classes, Elliott-Larsen names religion (read more broadly than the federal version), marital status, age, sexual orientation, and gender identity or expression. Marital status is a common trap: refusing or charging more to an unmarried couple, or favoring married applicants, is unlawful in Michigan. Age protection means screening criteria cannot quietly screen out younger or older adults. And because Michigan now expressly covers sexual orientation and gender identity, a landlord here cannot lean on any gray area — state law is explicit. Note too that HUD has, since 2021, read the FHA's sex protection to include sexual orientation and gender identity after Bostock, so these are covered at both levels in Michigan.

Screening and advertising traps that catch small landlords

The owners who get caught are rarely the openly biased ones — they are the small landlords who write a casual listing or apply an informal rule. Phrases like "perfect for a single professional," "ideal for a Christian family," or "mature tenant preferred" can violate Elliott-Larsen's marital-status, religion, and age provisions before a single applicant calls. The most dangerous habit is having one set of rules in your head and a different one in practice — inconsistent screening is what fair-housing investigators look for. Use the same written income, credit, and reference standards for every applicant, keep notes, and apply the same average-rent expectations across the board. On Section 8, remember the local-ordinance rule before you reject a voucher; assuming you can always say no is a real risk in protected cities.

The Cost of a Fair-Housing Violation

Federal civil penalty (uniform in all states): Up to $25,597 for a first-offense FHA violation under 24 C.F.R. § 180.671 (HUD inflation-adjusted). Repeat offenders face up to $63,991 (within five years) or $127,982 (within seven years). HUD-conciliated settlements routinely include actual damages, attorney's fees, mandatory training, and required policy changes. Michigan's state fair-housing agency may pursue parallel penalties under MCL § 37.2502 (Elliott-Larsen Civil Rights Act).

City-Level Eviction Risk in Michigan

Fair-housing complaint rates correlate with overall tenant-protection enforcement. View landlord risk and tenant-law profile by city:

Sources & Methodology

Related Guides for Michigan Landlords

This page summarizes Michigan housing law under MCL § 37.2502 (Elliott-Larsen Civil Rights Act), enforced by the Michigan Department of Civil Rights, alongside the federal Fair Housing Act (42 U.S.C. § 3604). It is informational and not legal advice; consult a licensed Michigan attorney or the Michigan Department of Civil Rights for guidance on a specific situation. Last reviewed June 2026.

Frequently Asked Questions

Can a landlord refuse Section 8 in Michigan?

Sometimes. Michigan has no statewide source-of-income law, so in much of the state a landlord may legally decline a Housing Choice Voucher. However, some Michigan cities and counties have passed local ordinances that protect source of income, and in those jurisdictions refusing Section 8 is illegal. Always check your local ordinance before rejecting a voucher holder.

How many protected classes does Michigan have?

Michigan protects the seven federal Fair Housing Act classes — race, color, national origin, religion, sex, familial status, and disability — plus five more under the Elliott-Larsen Civil Rights Act: religion (read more broadly), marital status, age, sexual orientation, and gender identity or expression.

Are sexual orientation and gender identity protected in Michigan housing?

Yes, expressly. Public Act 6 of 2023 amended the Elliott-Larsen Civil Rights Act to include sexual orientation and gender identity. They are also covered federally, since HUD has read the FHA's protection against sex discrimination to include sexual orientation and gender identity since 2021. A Michigan landlord cannot refuse, steer, or charge more on these grounds.

How is fair housing enforced in Michigan, and what are the penalties?

The Michigan Department of Civil Rights enforces Elliott-Larsen. Tenants file complaints with the department, which investigates and pursues conciliation or formal action. Because federal law also applies, a violation can additionally trigger a HUD complaint and federal civil penalties. The two systems stack, so a single discriminatory act can lead to parallel state and federal liability.

Federal authority: 42 U.S.C. § 3604; 24 C.F.R. Part 100. State authority: MCL § 37.2502 (Elliott-Larsen Civil Rights Act). Last updated August 15, 2026. For informational purposes only, not legal advice. Fair-housing determinations are highly fact-specific; consult a licensed Michigan attorney before making a screening, denial, or eviction decision.