Bill Text: MI SB0207 | 2023-2024 | 102nd Legislature | Engrossed
Bill Title: Civil rights: housing discrimination; housing discrimination based on source of income; prohibit. Amends title & sec. 502 of 1976 PA 453 (MCL 37.2502). TIE BAR WITH: SB 0206'23
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Engrossed) 2023-10-11 - Referred To Committee On Judiciary [SB0207 Detail]
Download: Michigan-2023-SB0207-Engrossed.html
Substitute For
SENATE BILL NO. 207
A bill to amend 1976 PA 453, entitled
"Elliott-Larsen civil rights act,"
by amending the title and section 502 (MCL 37.2502), as amended by 2023 PA 6.
The people of the state of michigan enact:
An act to define civil rights; to prohibit discriminatory practices, policies, and customs in the exercise of those rights based upon religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, familial status, or marital status, or source of income; to preserve the confidentiality of records regarding arrest, detention, or other disposition in which a conviction does not result; to prescribe the powers and duties of the civil rights commission and the department of civil rights; to provide remedies and penalties; to provide for fees; and to repeal certain acts and parts of acts.
Sec. 502. (1) A person engaging in a real estate transaction, or a real estate broker or salesperson, shall not on the basis of religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, familial status, or marital status of an individual or anyone residing with that individual do any of the following:
(a) Refuse to engage in a real estate transaction with a person.
(b) 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.
(c) Refuse to receive from a person or transmit to a person a bona fide offer to engage in a real estate transaction.
(d) Refuse to negotiate for a real estate transaction with a person.
(e) 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.
(f) 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, that indicates, directly or indirectly, an intent to make a preference, limitation, specification, or discrimination with respect to the real estate transaction.
(g) 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 with that transaction.
(h) Discriminate against a person in the brokering or appraising of real property.
(2) 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 discriminate against the person in the terms or conditions of that access, membership, or participation because of religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, familial status, or marital status.
(3) A person that is a landlord of a rental unit shall not, based on the source of income of an otherwise eligible prospective or current tenant, do any of the following:
(a) Deny or terminate a tenancy to the prospective or current tenant.
(c) Otherwise make unavailable or deny any rental unit to the prospective or current tenant if the prospective or current tenant would be eligible to rent the rental unit but for the individual's source of income.
(d) Represent to the prospective tenant that a rental unit is not available for inspection, rental, or lease when in fact it is so available, or knowingly fail to bring a rental listing to the prospective tenant's attention, or refuse to permit the prospective tenant to inspect a rental unit.
(f) If the person is a landlord that requires a prospective or current tenant to have a certain threshold level of income, exclude any source of income in the form of a rent voucher or subsidy when calculating whether the income criteria have been met. This subdivision does not apply to emergency rental assistance.
(g) Attempt to discourage the rental or lease of any rental unit to the prospective or current tenant.
(h) Publish, circulate, display, or cause to be published, circulated, or displayed any communication, notice, advertisement, or sign of any kind relating to the rental or lease of any rental unit that indicates a preference, limitation, or requirement based on any source of income.
(i) Assist, induce, incite, or coerce another person to commit an act or engage in a practice that violates this subsection.
(j) Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of the person having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected under this subsection.
(4) Subsection (3) does not apply to a person if the person, including all related entities to that person, is a landlord of fewer than 5 rental units in this state. As used in this subsection:
(a) "Person" means an individual, partnership, corporation, association, limited liability company, or any other legal entity.
(b) "Related entity" means a person that, directly or indirectly, controls, is controlled by, or is under common control with another person.
(5) (3) This section is subject to section 503.
(6) As used in this section, "landlord", "tenant", rental unit, and "source of income" mean those terms as defined in section 1 of 1972 PA 348, MCL 554.601.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 206 of the 102nd Legislature is enacted into law.
