Michigan Landlords and Criminal History Checks: What Renters Need to Know

Understanding if and how a landlord in Michigan can ask about your criminal history is vital when searching for housing. This issue impacts many renters, especially if you have a past conviction. In Michigan, both state and federal laws guide what a landlord can ask, what background checks they may run, and what rights you have if you feel discriminated against. Let’s explore those details and help you protect your rights as a renter.

Landlords and Criminal History Checks in Michigan

Landlords in Michigan are permitted to ask rental applicants about criminal history and to run background checks. However, their use of this information is subject to Michigan civil rights law and federal guidance from the U.S. Department of Housing and Urban Development (HUD). While there is currently no Michigan law that outright prohibits landlords from asking about or considering criminal convictions, discrimination based on race, color, national origin, religion, sex, familial status, or disability is strictly forbidden under the federal Fair Housing Act.^[1]

What Landlords Can Legally Ask

• Landlords may include questions about criminal history on rental applications.
• Information sought typically includes arrests, misdemeanors, or felony convictions.
• They may order a criminal background check with your consent.
• There is no statewide Michigan law that limits what type of criminal history can be considered, but some local Michigan cities (like Ann Arbor and Detroit) may have additional "ban the box" ordinances limiting or delaying criminal history questions – always check your city ordinances for updates.

What Landlords Cannot Do

• Landlords cannot use criminal history as a blanket reason to deny all tenants with any conviction. HUD guidance says this may result in illegal, disparate impact discrimination.
• Arrest records alone (without convictions) are usually not valid grounds for denial under HUD guidance.
• Landlords may not discriminate based on protected characteristics. For example, denying applications from minorities using criminal history as a pretext is illegal.

Your Rights as a Renter: Michigan Laws and Protections

The Michigan Elliott-Larsen Civil Rights Act and the federal Fair Housing Act provide the main protections against housing discrimination, but neither specifically lists "criminal history" as a protected category. However, if a landlord’s policy unfairly impacts a protected group, you may have a claim for discrimination.

• Landlords must treat all applicants consistently and must not target or selectively screen certain races or groups.
• If you've been denied housing and believe it was unfairly based on your history or identity, you can file a complaint through the Michigan Department of Civil Rights (MDCR).
• Federal law protects applicants from discrimination based on race, color, national origin, religion, sex, familial status, and disability. Criminal history must not be used in a way that creates "disparate impact" against these groups.

Relevant Forms for Michigan Renters

• Michigan Department of Civil Rights Housing Discrimination Complaint Form
  When used: File this form if you believe a landlord has discriminated against you in violation of fair housing laws. For example, if you suspect your criminal history was unfairly used due to your race or disability.
  Access the Housing Discrimination Complaint Form
• Consumer Reporting Agency Dispute Form
  When used: If your application is denied due to a background report, you have the right to request the report and dispute errors. Major agencies like TransUnion or Experian handle this—for details, visit the Consumer Financial Protection Bureau credit reporting resource.

If your housing issue requires legal review or a dispute, Michigan's main housing dispute authority is the Michigan District Courts, which handle landlord-tenant cases and disputes.

Filing a Discrimination Complaint: What to Do

If you believe a landlord’s use of criminal history was discriminatory or violated the law:

• Collect all paperwork: Denial letters, application forms, and related emails or texts.
• Complete the MDCR Housing Discrimination Complaint Form.
• Submit your form online, or send it to the address listed on the official MDCR page, as soon as possible after the incident.
• Expect contact from the Department for follow-up and possible mediation or investigation.

For most renters, these steps are straightforward – but having documentation and acting quickly can help your case.

FAQ: Michigan Landlords and Criminal Background Checks

1. Can a landlord in Michigan refuse to rent to me if I have a felony?
   Landlords may consider felony convictions but cannot enforce a blanket "no felons" policy if it results in illegal discrimination or disparate impact. Each application should be evaluated fairly.
2. Does Michigan have "ban the box" laws for rental housing?
   There is no statewide "ban the box" law for housing, but some cities (like Detroit) may have local ordinances that delay when criminal history can be asked about.
3. What if there is a mistake on my background check?
   You have the right to request the report and dispute errors with the reporting agency, and the landlord must provide a copy if they use it to deny your application.
4. How do I file a discrimination complaint in Michigan?
   File a complaint with the Michigan Department of Civil Rights using the Housing Discrimination Complaint Form found on their official website.
5. Which agencies handle tenant disputes in Michigan?
   The Michigan District Courts handle most landlord-tenant disputes, including those about rental application decisions.

Key Takeaways for Michigan Renters

• Landlords can ask about and consider criminal history, but not in a discriminatory or blanket way.
• If you believe you’ve faced unfair treatment, file a complaint promptly with the Michigan Department of Civil Rights.
• Always request and check your background report if denied based on screening results.

Being aware of your rights can help you navigate Michigan’s rental market with more confidence and security.

Need Help? Resources for Renters

• Michigan Department of Civil Rights: Housing Discrimination Complaint
• Michigan Legal Help: Housing Resources
• Michigan District Courts – Landlord-Tenant Division
• HUD: How to File a Fair Housing Complaint

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1. Fair Housing Act – U.S. Department of Justice
2. Michigan Department of Civil Rights (Official State Agency)
3. Elliott-Larsen Civil Rights Act (Michigan Compiled Laws)
4. Michigan District Courts (Landlord-Tenant Tribunal)

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