[Code 1975, § 20-16; Code 1992, § 17-26]
It is hereby found that discrimination in housing violates the
public policy of the City and that such discrimination is injurious
to the public health, safety and general welfare of the City and the
people thereof and adversely affects the continued development, renewal,
growth and progress of the City and of the people of the City.
[Code 1975, § 20-17; Code 1992, § 17-27]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Chronological age except as otherwise provided by law.
Building contractors; members of building trades; and owners,
operators and agents of firms or companies engaged in the supplying
of materials necessary to the construction of housing units or accommodations.
Any difference in the treatment of individuals or groups
in the sale, lease, rental, building or supplying of building materials,
or financing of housing units or real estate or housing accommodations
because of race, color, religion, ancestry, national or sectional
origin, sex, familial status, marital status, age or handicap.
Includes sexual harassment. Sexual harassment means unwelcome
sexual advances, requests for sexual favors, and other verbal or physical
conduct or communication of a sexual nature under the following conditions:
Submission to the conduct or communication is made a term or
condition either explicitly or implicitly to obtain housing.
Submission to or rejection of the conduct or communication by
an individual is used as a factor in decisions affecting the individual's
housing.
The conduct or communication has the purpose or effect of substantially
interfering with an individual's housing, or creating an intimidating,
hostile, or offensive housing environment.
One or more individuals under the age of 18 years residing
with a parent or other person having custody or in the process of
securing legal custody of the individual or residing with the designee
of the parent or other person having or securing custody, with the
written permission of the parent or other person. For purposes of
this definition, the term "parent" includes a person who is pregnant.
Any person regularly engaged in the business of lending money
or guaranteeing loans on real property.
A determinable physical or mental condition of an individual
or a history of such condition which may result from disease, accident,
condition of birth, or functional disorder which constitutes a physical
or mental limitation which is unrelated to any individual's ability
to acquire, rent or maintain property.
Includes improved or unimproved real property or a part thereof
which is used or occupied or is intended, arranged, or designed to
be used or occupied as the home or residence of one or more persons.
Includes the national origin of an ancestor.
Includes the lessee, sublessee, assignee, managing agent
or other person having the right of ownership or possession or the
right to sell, rent or lease any housing accommodation or any part
thereof.
A person, whether licensed or not, who, for or with the expectation
of receiving a consideration, lists, sells, purchases, exchanges,
rents, or leases real property; who negotiates or attempts to negotiate
any of those activities; who holds himself or herself out as engaged
in those activities; who negotiates or attempts to negotiate a loan
secured or to be secured by a mortgage or other encumbrance upon real
property; who is engaged in the business of listing real property
in a publication; or a person employed by or acting on behalf of a
real estate broker or salesman.
The sale, exchange, rental, or lease of real property or
an interest therein.
Includes a building, structure, mobile home, real estate,
land, mobile home park, trailer park, tenement, leasehold, or an interest
in a real estate cooperative or condominium.
To sell, rent, lease, sublease or assign real property.
[Code 1975, § 20-18; Code 1992, § 17-28]
(a)
A person engaging in a real estate transaction or a real estate broker
or salesman shall not on the basis of religion, race, color, national
origin, age, sex, handicap, familial status, or marital status of
a person or a person residing with that person:
(1)
Refuse to engage in a real estate transaction with a person.
(2)
Discriminate against a person in the terms, conditions, or privileges
of a real estate transaction or in the furnishing of facilities or
services in connection with a real estate transaction.
(3)
Refuse to receive from a person or transmit to a person a bona
fide offer to engage in a real estate transaction.
(4)
Refuse to negotiate for a real estate transaction with a person.
(5)
Represent to a person that real property is not available for
inspection, sale, rental, or lease when in fact it is so available
or knowingly fail to bring a property listing to a person's attention
or refuse to permit a person to inspect real property or otherwise
make unavailable or deny real property to a person.
(6)
Make, print, circulate, post, mail, or otherwise cause to be
made or published a statement, advertisement, notice, or sign or use
a form of application for a real estate transaction or make a record
of inquiry in connection with a prospective real estate transaction,
which indicates, directly or indirectly, an intent to make a preference,
limitation, specification, or discrimination with respect to the real
estate transaction.
(7)
Offer, solicit, accept, use, or retain a listing of real property
with the understanding that a person may be discriminated against
in a real estate transaction or in the furnishing of facilities or
services in connection therewith.
(8)
Discriminate against a person in the brokering or appraising
of real property.
(b)
A person shall not deny a person access to or membership or participation
in a multiple listing service, real estate brokers' organization
or other service, organization, or facility relating to the business
of selling or renting real property or to discriminate against him
or her in the terms or conditions of that access, membership, or participation
because of religion, race, color, national origin, age, sex, handicap,
familial status, or marital status.
[Code 1975, § 20-20; Code 1992, § 17-30]
(a)
Section 28-33 does not apply to any of the following:
(1)
The rental of a housing accommodation in a building that contains
housing accommodations for not more than two families living independently
of each other if the owner or a member of the owner's immediate
family resides in one of the housing accommodations, or to the rental
of a room in a single-family dwelling by a person if the lessor or
a member of the lessor's immediate family resides in the dwelling.
(2)
The rental of a housing accommodation for not more than 12 months
by the owner or lessor if it was occupied by him or her and maintained
as his or her home for at least three months immediately preceding
occupancy by the tenant and is maintained as the owner's or lessor's
legal residence.
(3)
With respect to the age provision and the familial status provision
only, the sale, rental, or lease of housing accommodations meeting
the requirements of federal, state, or local housing programs for
senior citizens, or accommodations otherwise intended, advertised,
designed or operated, bona fide, for the purpose of providing housing
accommodations for persons 50 years of age or older.
(b)
As used in Subsection (a) of this section, the term "immediate family" means a spouse, parent, child, or sibling.
(c)
Information relative to the marital status of an individual may be
obtained when necessary for the preparation of a deed or other instrument
of conveyance.
[5-10-2004 by Ord. No.
1226]
(a)
A person to whom application is made for financial assistance or
financing in connection with a real estate transaction or in connection
with the construction, rehabilitation, repair, maintenance, or improvement
of real property or a representative of that person shall not:
(1)
Discriminate against the applicant because of the religion,
race, color, national origin, age, sex, handicap, familial status,
or marital status of the applicant or a person residing with the applicant.
(2)
Use a form of application for financial assistance or financing
or make or keep a record or inquiry in connection with an application
for financial assistance or financing which indicates, directly or
indirectly, a preference, limitation, specification, or discrimination
as to the religion, race, color, national origin, age, sex, handicap,
familial status, or marital status of the applicant or a person residing
with the applicant.
(b)
A person whose business includes engaging in real estate transactions
shall not discriminate against a person because of religion, race,
color, national origin, age, sex, handicap, familial status, or marital
status, in the purchasing of loans for acquiring, constructing, improving,
repairing, or maintaining a dwelling or the making or purchasing of
loans or the provision of other financial assistance secured by residential
real estate.
(c)
Subsection (a)(2) of this section does not apply to a form of application
for financial assistance prescribed for the use of a lender regulated
as a mortgagee under the national housing act, Chapter 847, 48 Stat.
1246, 12 U.S.C. § 1701 et seq., or by a regulatory board
or officer acting under the statutory authority of this state or the
United States.
[5-10-2004 by Ord. No.
1226]
(a)
A condition, restriction or prohibition, including a right of entry or possibility of reverter, that directly or indirectly limits the use or occupancy of real property on the basis of religion, race, color, national origin, age, sex, handicap, familial status, or marital status is void, except a limitation of use as provided in § 28-34(a)(3) or on the basis of religion relating to real property held by a religious institution or organization or by a religious or charitable organization operated, supervised, or controlled by a religious institution or organization, and used for religious or charitable purposes.
(b)
A person shall not insert in a written instrument relating to real
property a provision that is void under this section or honor such
a provision in the chain of title.
[Code 1975, § 20-19; Code 1992, § 17-29]
A person shall not represent, for the purpose of inducing a
real estate transaction from which the person may benefit financially,
that a change has occurred or will or may occur in the composition
with respect to religion, race, color, national origin, age, sex,
handicap, familial status, or marital status of the owners or occupants
in the block, neighborhood, or area in which the real property is
located or represent that this change will or may result in the lowering
of property values, an increase in criminal or antisocial behavior,
or a decline in the quality of schools in the block, neighborhood,
or area in which the real property is located.
[5-10-2004 by Ord. No.
1226]
This article does not preclude the use by a landlord of reasonable
accommodations as required by Section 102(2) of the Michigan Persons
with Disabilities Civil Rights Act, Public Act No. 220 of 1976 (MCL
37.1102).
[5-10-2004 by Ord. No.
1226]
Under this article, two or more persons shall not conspire to
or a person shall not:
(1)
Retaliate or discriminate against a person because the person has
opposed a violation of this article or because the person has made
a charge, filed a complaint, testified, assisted, or participated
in an investigation, proceeding, or hearing under this article.
(2)
Aid, abet, incite, compel, or coerce a person to engage in a violation
of this article.
(3)
Attempt, directly or indirectly, to commit an act prohibited by this
article.
(4)
Willfully interfere with the performance of a duty or the exercise
of a power by the state civil rights commission or one of its members
or authorized representatives.
(5)
Willfully obstruct or prevent a person from complying with this article
or an order issued or rule promulgated under this article.
(6)
Coerce, intimidate, threaten, or interfere with a person in the exercise
or enjoyment of or on account of his or her having aided or encouraged
any other person in the exercise or enjoyment of any right granted
or protected by this article.
