Michigan Renters: ADA vs. FHA Accessibility Rules Explained

If you’re a renter in Michigan and need accessible housing, understanding federal accessibility laws is crucial. The Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) protect your rights, but they apply in different ways and cover different types of housing. Knowing which law covers your situation can help you effectively request reasonable accommodations and modifications in your home.

Understanding Accessibility Laws for Michigan Renters

Both the ADA and FHA set standards for accessible housing, but their protections do not always overlap. Here’s a breakdown of each law and how they impact renters in Michigan:

What Is the ADA?

• Americans with Disabilities Act (ADA): Applies mainly to public spaces and commercial buildings, including common areas of apartment complexes, rental offices, and amenities like clubhouses or pools.
• Does not usually cover the individual rented homes unless they are also places of public accommodation.
• The ADA requires these public spaces to be accessible for people with disabilities, ensuring equal access to goods, services, and facilities.

What Is the FHA?

• Fair Housing Act (FHA): Protects renters and buyers from housing discrimination nationwide, including Michigan. It requires landlords to allow renters with disabilities to make reasonable modifications to their living spaces and to provide reasonable accommodations in rules and policies.
• Applies to most types of housing with very few exceptions – this covers most Michigan rental units.
• Ensures equal opportunity to use and enjoy your home, which can include things like installing grab bars, service animals, or ramps.

Key Point: The ADA covers access to shared/common areas and rental offices, while the FHA directly protects your rights inside your home.

How the ADA and FHA Work Together in Michigan

For many Michigan renters, the FHA provides stronger everyday protection, but the ADA is crucial for ensuring access to shared building amenities or the leasing office. If you have trouble accessing a pool, laundry room, or business center, the ADA applies. If you need to make changes to your actual apartment or need a policy change (like allowing a support animal), the FHA is usually your strongest protection.

Requesting Reasonable Accommodations and Modifications

If you live in Michigan and need to modify your rental for accessibility, you have the right to:

• Ask for a reasonable accommodation (a change in rules or services – e.g., a reserved accessible parking space or allowing a service animal, even if there’s a no-pets policy).
• Make reasonable modifications to the unit (like installing grab bars or a ramp at your expense, unless your housing receives federal financial assistance).

These rights are enforced under the FHA. Landlords cannot refuse requests without valid reasons and must interact with tenants in good faith.

How to Request an Accommodation or Modification in Michigan

• You do not need a special form, but a written request is best for documentation.
• Describe your disability-related need and the modification/accommodation you’re requesting.
• Include a statement from a healthcare provider if your disability is not obvious.

Sample templates and guidance are available from the Michigan Department of Civil Rights (MDCR).

Which Michigan Rental Properties Are Covered?

• Almost all rental properties (apartments, condos, townhomes, etc.) are covered by the FHA except for certain small owner-occupied buildings.
• ADA applies mainly to shared/common areas, not the interior of your private living space.

Find out more about reasonable accommodations and modifications on the official HUD website.

Filing a Complaint If Your Rights Are Violated

If you believe your rights to accessible housing have been violated in Michigan, you have several official paths:

• Start by contacting your landlord in writing to resolve the issue directly.
• If unresolved, you may file a complaint with the Michigan Department of Civil Rights (MDCR) or the U.S. Department of Housing and Urban Development (HUD).

Official Forms for Michigan Renters

• MDCR Housing Discrimination Complaint Form: Used to file discrimination complaints related to disability or accessibility. File if your landlord denies your reasonable accommodation or modification request. Access the official form at Michigan MDCR Complaint Submission.
• HUD Form 903 Online: National form to file a federal fair housing complaint, including disability discrimination. Available on the HUD Fair Housing Complaint page.

Complete the forms online or submit them to the respective agency as detailed on their official website. Keep copies of all correspondence for your records.

Michigan’s Key Accessibility Laws and Tribunal

• Michigan Elliott-Larsen Civil Rights Act (ELCRA): Michigan’s primary state law protecting against housing discrimination, including for people with disabilities. Review the law via the official Michigan Legislature portal.
• The Michigan Department of Civil Rights (MDCR) is the official agency handling housing discrimination complaints.

FAQ: Accessibility Rights for Michigan Renters

1. Does my landlord have to pay for accessibility modifications in Michigan?
   Landlords typically must allow modifications but, in most cases, you as the renter pay unless the housing is federally funded or subject to special programs.
2. What are examples of reasonable accommodations or modifications?
   Examples include allowing a support animal, installing grab bars, or providing an accessible parking spot near your unit.
3. Is my rental covered by the ADA or FHA?
   Most Michigan rentals are covered by the FHA. The ADA covers public spaces within apartment complexes, not private living areas.
4. Where do I file complaints for accessibility violations in Michigan?
   File state complaints with the Michigan Department of Civil Rights or federal complaints with HUD using the forms linked above.
5. Can a landlord deny my accommodation request?
   Landlords can only deny if the request is unreasonable or causes undue hardship, but must give a clear, specific reason in writing.

Need Help? Resources for Renters

• Michigan Department of Civil Rights (MDCR) – File discrimination and accessibility complaints
• U.S. Department of Housing and Urban Development (HUD) – Fair Housing
• Michigan Legal Help: Accessibility and Disability Rights
• Elliott-Larsen Civil Rights Act (Michigan Legislature)

---

1. See the Americans with Disabilities Act (ADA) official page.
2. Review the Fair Housing Act (Title VIII of the Civil Rights Act).
3. Michigan renters’ state rights detailed under the Elliott-Larsen Civil Rights Act.
4. Access the MDCR complaint process for enforcement steps.
5. Official HUD accommodation guidance and complaint forms at HUD Fair Housing portal.

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations