Mich. Comp. Laws » Michigan Compiled Laws / Chapter 37 / Act 453 of 1976

Mich. Comp. Laws § 37.2502

Persons engaging in real estate transactions, real estate brokers, or real estate salesperson; prohibited practices; prohibition on use of source of income by landlord; section subject to MCL 37.2503.

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ELLIOTT-LARSEN CIVIL RIGHTS ACT


Act 453 of 1976


37.2502 Persons engaging in real estate transactions, real estate brokers, or real estate salesperson; prohibited practices; prohibition on use of source of income by landlord; section subject to MCL 37.2503.

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.

    (b) Make any distinction, discrimination, or restriction against the prospective or current tenant in the price, terms, conditions, fees, or privileges relating to the rental, lease, or occupancy of a rental unit or in the furnishing of any facilities or services in connection with the rental, lease, or occupancy of the rental unit.

    (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.

    (e) Make any distinction, discrimination, or restriction against the prospective or current tenant in the price, terms, conditions, fees, or privileges relating to the rental, lease, or occupancy of any rental unit on the basis of the prospective or current tenant's use of emergency rental assistance.

    (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) This section is subject to section 503.

    (6) As used in this section, "landlord", "tenant", and "rental unit" mean those terms as defined in section 1 of 1972 PA 348, MCL 554.601.

    

    

History: 1976, Act 453, Eff. Mar. 31, 1977 ;-- Am. 1992, Act 124, Imd. Eff. June 29, 1992 ;-- Am. 2023, Act 6, Eff. Feb. 13, 2024 ;-- Am. 2024, Act 180, Eff. Apr. 2, 2025

Notes of Decisions
Cited in 21 cases (3 in the last 5 years), 1983–2023 · leading case: Department of Civil Rights v. Beznos Corp.
Sort: Relevance Newest Treatment
Department of Civil Rights v. Beznos Corp. (1985) mich · cites it 14× “proceeded to conduct an investigation of defendant corporation, and filed a "charge" against it with the commission on May 21, 1979, alleging in pertinent part that defendant's practice of setting aside certain designated buildings for families with children, and restricting use…”
Veenstra v. Washtenaw Country Club (2002) mich · cites it 2× “§ 37.2502(1), states in pertinent part: 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, familial status, or marital status of a person or a person residing with that…”
McCready v. Hoffius (1998) mich · cites it 6× “[MCL 37.2502; MSA 3.548(502).] *137 The Court of Appeals noted correctly that the purpose of the act was.”
Reed v. Michigan Metro Girl Scout Council (1993) michctapp · cites it 2× “MCL 37.2502; MSA 3.548(502) provides in relevant part as follows: (1) A person engaging in a real estate transaction, or a real estate broker or salesman, shall not *15 on the basis of religion, race, color, national origin, age, sex, or marital status of a person or a person…”
McCready v. Hoffius (1997) michctapp · cites it 2× “Defendants moved for summary disposition of plaintiffs’ complaints, arguing in part that plaintiffs failed to state a claim upon which relief could be granted because the Civil Rights Act, MCL 37.2502(1); MSA 3.548(502)(1), did not protect unmarried cohabitation.”
Lucy v. Amoco Oil Co. (1984) mied · cites it 6× “1 Section 37.2502 of the Act provides in pertinent part as follows: (1) 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, or marital status of a person or a person…”
Shaw v. Cassar (1983) mied “§ 37.2502(1)(b). See Department of Civil Rights v.”
Department of Civil Rights v. Beznos Corp. (1983) michctapp · cites it 8× “At issue here is MCL 37.2502; MSA 3.548(502), which provides in part: "(1) A person engaging in a real estate transaction, or a real estate broker or salesman, shall not on the basis *503 of religion, race, color, national origin, age, sex, or marital status of a person or a…”
Mencer v. Princeton Square Apartments (2000) ca6 “Mich. Comp. Laws § 37.2502 . In interpreting Michigan’s fair housing law, we refer to its federal counterpart for guidance.”
Rosewood Village Phase II LLC v. Pittsfield Charter Township (2023) michctapp · cites it 5× “The trial court clearly relied on MCL 37.2502 rather than MCL 37.2505 because it stated that the specific statute only applied to real estate transactions.”
Ln Real Estate LLC v. Kingdom Living Church (2017) michctapp · cites it 4× “And LN does not dispute that the events in this case fall within the parameters of a real estate transaction under the act.”
Ln Real Estate LLC v. Kingdom Living Church (2017) michctapp · cites it 4× “And LN does not dispute that the events in this case fall within the parameters of a real estate transaction under the act.”
Show all 21 citing cases →
— Mich. Comp. Laws § 37.2502(1) — 11 cases
Veenstra v. Washtenaw Country Club (2002) mich “§ 37.2502(1), states in pertinent part: 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, familial status, or marital status of a person or a person residing with that…”
Department of Civil Rights v. Beznos Corp. (1985) mich “proceeded to conduct an investigation of defendant corporation, and filed a "charge" against it with the commission on May 21, 1979, alleging in pertinent part that defendant's practice of setting aside certain designated buildings for families with children, and restricting use…”
McCready v. Hoffius (1998) mich “[MCL 37.2502; MSA 3.548(502).] *137 The Court of Appeals noted correctly that the purpose of the act was.”
McCready v. Hoffius (1997) michctapp “Defendants moved for summary disposition of plaintiffs’ complaints, arguing in part that plaintiffs failed to state a claim upon which relief could be granted because the Civil Rights Act, MCL 37.2502(1); MSA 3.548(502)(1), did not protect unmarried cohabitation.”
Department of Civil Rights v. Beznos Corp. (1983) michctapp “At issue here is MCL 37.2502; MSA 3.548(502), which provides in part: "(1) A person engaging in a real estate transaction, or a real estate broker or salesman, shall not on the basis *503 of religion, race, color, national origin, age, sex, or marital status of a person or a…”
— Mich. Comp. Laws § 37.2502(1)(a) — 5 cases
Department of Civil Rights v. Beznos Corp. (1985) mich “proceeded to conduct an investigation of defendant corporation, and filed a "charge" against it with the commission on May 21, 1979, alleging in pertinent part that defendant's practice of setting aside certain designated buildings for families with children, and restricting use…”
McCready v. Hoffius (1998) mich “[MCL 37.2502; MSA 3.548(502).] *137 The Court of Appeals noted correctly that the purpose of the act was.”
Safiedine v. City of Ferndale (2008) mich
Ln Real Estate LLC v. Kingdom Living Church (2017) michctapp “And LN does not dispute that the events in this case fall within the parameters of a real estate transaction under the act.”
Ln Real Estate LLC v. Kingdom Living Church (2017) michctapp “And LN does not dispute that the events in this case fall within the parameters of a real estate transaction under the act.”
— Mich. Comp. Laws § 37.2502(1)(b) — 3 cases
Department of Civil Rights v. Beznos Corp. (1985) mich “proceeded to conduct an investigation of defendant corporation, and filed a "charge" against it with the commission on May 21, 1979, alleging in pertinent part that defendant's practice of setting aside certain designated buildings for families with children, and restricting use…”
Shaw v. Cassar (1983) mied “§ 37.2502(1)(b). See Department of Civil Rights v.”
Lombardi-Perwerton v. Lone Pine Association, Inc. (2020) mied
— Mich. Comp. Laws § 37.2502(a) — 1 case
Czerwinski v. Gallagher (2023) mied
— Mich. Comp. Laws § 37.2502(b) — 1 case
Lucy v. Amoco Oil Co. (1984) mied “1 Section 37.2502 of the Act provides in pertinent part as follows: (1) 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, or marital status of a person or a person…”
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