Tenants And Landlords Resource Guide - Michigan State University, College Of Law Page 31
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39has carefully documented all
Housing Codes, Smoke Detectors
communications about the needed repair and
Some communities have adopted
maintenance, the tenant may well succeed in
housing codes or other specific requirements
the lawsuit for eviction.
that may affect the condition or equipment
Both the landlord and the tenant should
requirements of residential rental property.
remember that in many disputes, the basic
These include the requirement that smoke
issues become obscured by personal
detectors be installed in housing or that
disagreements that develop and continue to
residents comply with recycling ordinances.
grow and fester. If an agreement cannot be
Be sure to check with the local unit of
reached, try mediation – either before a
government to see if the rental property is
lawsuit is filed or after. Mediation might
affected.
help to empower the parties to use their own
Pet Restrictions
problem-solving skills, to take
responsibility, and to find solutions that best
Landlords can include a provision in the
meet their needs, while strengthening the
lease that restricts tenants from maintaining
landlord-tenant relationship.
pets in a rental unit or that imposes a pet fee.
The courts have permitted the eviction of
Additional
tenants who violate a lease provision
Considerations
prohibiting tenants from maintaining pets in
a rental unit. However, landlords cannot
Civil Rights
discriminate against a person with a
disability who maintains service and/or
The Federal Fair Housing Act and the
companion animals. Under Michigan law,
Michigan Elliot-Larsen Civil Rights Act
persons with disabilities with service and/or
prohibit discrimination in housing
companion animals have the right to a
throughout the State of Michigan on the
reasonable accommodation to “no pet”
bases of race, color, religion, national origin,
policies wherein the accommodation is
sex, familial status (presence of children
necessary for that person to have equal
under the age of 18 or pregnancy),
access to and enjoyment of their home.
disability, marital status, and age. In some
Further, service and companion animals are
communities, local fair housing ordinances
not considered to be pets, and should not be
protect against housing discrimination on
subject to pet fees or overly restrictive
additional bases such as source of income,
animal policies.
sexual orientation, gender identity,
educational association, and/or political
Smoking
orientation. For further information
A landlord can restrict tenants who
regarding the classes of persons protected by
smoke to certain apartments or buildings or
federal, state or local fair housing laws or to
can refuse to rent to smokers. In Michigan
register a complaint of unlawful housing
Attorney General Opinion No. 6719,
discrimination, contact your local Fair
released May 4, 1992, the Attorney General
Housing Center, the Michigan Department
stated, “neither state nor federal law
of Civil Rights or the U.S. Department of
prohibits a privately-owned apartment
Housing and Urban Development.
complex from renting only to non-smokers
or, in the alternative, restricting smokers to
certain buildings within an apartment
T e n a n t s a n d L a n d l o r d s R e s o u r c e G u i d e
Page 29
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