Michigan Fair Housing for Associations: PWDCRA and ELCRA

Quick Answer

Two Michigan civil rights statutes reach housing: the Elliott-Larsen Civil Rights Act (ELCRA, MCL 37.2101 et seq.) and the Persons with Disabilities Civil Rights Act (PWDCRA, MCL 37.1101 et seq.). Under the PWDCRA, it is unlawful in connection with a real estate transaction to refuse "reasonable accommodations in rules, policies, practices, or services" that may be necessary for a person with a disability to have equal opportunity to use and enjoy residential property, or to refuse reasonable modifications at the person's expense.

The sections we read do not mention assistance animals by name. Our reading is that an owner's request to keep a service or assistance animal despite a pet rule is the kind of request that raises an accommodation question, but the details come from fair housing law we did not analyze here, including federal law. Boards should get counsel before denying such a request.

At a Glance

What the Law Says

Persons with Disabilities Civil Rights Act

Section 37.1502(1) bars an owner or other person engaging in a real estate transaction from taking listed actions "on the basis of a disability of a buyer or renter, of a person residing in or intending to reside in a dwelling," or an associated person, where the disability is "unrelated to the individual's ability to acquire, rent, or maintain property or use by an individual of adaptive devices or aids." Listed actions include refusing to engage in a transaction, discriminating "in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services," and making statements or using application forms that indicate a limitation or discrimination.

Section 37.1506a(1) adds that a person shall not do either of the following in connection with a real estate transaction:

• "Refuse to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by the person with a disability if those modifications may be necessary to afford the person with a disability full enjoyment of the premises." For rentals, a landlord may, if reasonable, make permission contingent on restoring the interior.
• "Refuse to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford the person with a disability equal opportunity to use and enjoy residential real property."

It also requires certain accessibility features in "covered multifamily dwellings" designed and constructed for first occupancy after March 13, 1991, defined as buildings of 4 or more units with elevators and ground-floor units in other buildings of 4 or more units.

Elliott-Larsen Civil Rights Act

Section 37.2502(1) prohibits a person engaging in a real estate transaction from discriminating "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." The prohibited acts include refusing to transact, discriminating "in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services," and publishing a statement or notice that indicates a preference or limitation. The list of protected characteristics in the text we read does not include disability, which the PWDCRA covers.

Section 37.2502(3) separately addresses source of income by landlords of rental units. See our page on the source-of-income law.

What This Means in Practice

Boards

Our reading: a rule such as a pet ban or a rule against modifying the exterior is a "rule, policy, practice, or service" that a resident with a disability might ask to have adjusted. The statute asks whether the accommodation "may be necessary" for equal opportunity to use and enjoy the property. The text does not define a procedure, a deadline, or what documentation a board may request. Do not set your own rules on those points without counsel.

Structural changes at the owner's expense are a related question under 37.1506a(1)(a). Our page on disability modifications under the Condominium Act covers the separate Condominium Act process.

Owners

An owner making a request should put it in writing and describe the need, and keep copies. The statute speaks of what "may be necessary," and a board that denies it may face a claim. Owners should consult counsel or a state or federal civil rights agency about remedies.

What we did not read

• Federal law, including the Fair Housing Act and HUD guidance on assistance animals. These matter and are not analyzed here.
• The PWDCRA and ELCRA remedy and enforcement sections, and the definition of disability.
• Case law applying these sections to associations.

Timeline

Related Michigan Law

• Disability modifications (MCL 559.147a)
• Source-of-income law (PA 179, 180, 200)
• HOA violation enforcement in Michigan
• Springfield v. Deer Run (bylaws and a dog removal order)

Board Checklist

• Treat any request tied to a disability as a matter to review with counsel before denying.
• Adopt a written intake process that logs the request date and the response.
• Check rules on pets, parking, exterior changes and common areas for exceptions language.
• Avoid notices or forms that state a limitation tied to a protected characteristic.
• Keep medical or personal details confidential and limited to those who need them.
• Review your documents for accessibility obligations in covered multifamily buildings.
• Ask counsel about federal fair housing requirements that apply alongside state law.

Frequently Asked Questions

Does Michigan law mention assistance animals?

The sections we read do not name them. Accommodation requests are covered by the "reasonable accommodations in rules, policies, practices, or services" language in MCL 37.1506a(1)(b). Federal law adds more detail and was not analyzed here.

Who pays for a modification?

Section 37.1506a(1)(a) refers to reasonable modifications "at the expense of the person with a disability."

What characteristics does the Elliott-Larsen Act protect in housing?

Religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, familial status, and marital status, per 37.2502(1).

Is disability covered by the Elliott-Larsen Act section we read?

Not in the list in 37.2502(1). Disability is addressed in the PWDCRA.

Can a board refuse a request outright?

The statute prohibits refusing reasonable accommodations that may be necessary. Whether a given refusal is lawful depends on facts and law not covered here. Consult counsel.

What remedies exist?

We did not read the remedy sections. Confirm with counsel.

Where This Comes From

We read MCL 37.1502, 37.1506a and 37.2502 on the Michigan Legislature website, current through PA 114 of 2026. We did not read the definitions, remedy sections or federal law. Official site: MCL 37.1506a.

How APM Helps

Association Property Managers manages condominium and HOA communities across Michigan from our East Lansing office, with flat, published pricing. See our Michigan service area, browse every Michigan state-law guide, or request a free proposal. Laws and documents differ by community, and we review your master deed and bylaws when we build your proposal.

Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Michigan attorney before acting.