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Michigan and federal law give tenants with disabilities specific rights that go beyond the rights all tenants have. This article has information about rights of tenants with disabilities. To learn about rights that apply to all tenants, read Tenant Rights and Responsibilities.

What Counts as a Disability

A disability is any physical or mental impairment that limits a major life activity. Major life activities are things like caring for yourself, working, communicating with others, or learning.

Landlords Cannot Discriminate Against Tenants with Disabilities

It is illegal for a landlord to treat a tenant differently because of a disability. That includes refusing to rent, setting different rules, or creating conditions that make it harder for a person with a disability to use and enjoy the home.

One of the most common forms of discrimination is a landlord's refusal to make changes that would allow a tenant with a disability to use and enjoy their home on equal terms. Landlords must make reasonable changes when a tenant asks. The rest of this article covers how to ask for a change and what changes are generally considered reasonable.

Reasonable Accommodations and Modifications

A reasonable accommodation is a change to a rule or practice. A reasonable modification is a physical change to the space. Both of these things are tools that allow tenants with disabilities to use and enjoy their homes.

Some examples of reasonable accommodations:

Paying rent a few days late because your SSI payment arrives after the due date
Allowing a caregiver to stay overnight
Allowing an emotional support animal or service animal
Assigning a parking space closer to your door
Not evicting a tenant for behavior related to a mental health condition, when the tenant has taken steps to prevent it from happening again

Some examples of reasonable modifications:

Adding a ramp for a wheelchair
Widening doorways
Installing grab bars in the bathroom
Lowering kitchen countertops

You can ask for modifications to your unit or to common areas like hallways and entrances.

In most cases, the tenant must pay for the modification. For tenants in some kinds of federally subsidized housing, like public housing or project-based Section 8 housing, the landlord must pay. If you are in this situation, you may want to speak to a lawyer. Use the Guide to Legal Help to find lawyers in your area.

The landlord can ask you to undo modifications to your unit when you leave, but they can’t ask you to undo modifications to common areas.

A landlord can say no to accommodations and modifications if they are unreasonable or would be an undue burden. A landlord can deny a request for an accommodation or modification if it would:

Fundamentally change the nature of the housing or the landlord's business
Be unreasonably expensive or impossible to carry out
Be a physical threat to other tenants or the property

There is an exception for some small landlords who live in the building they rent out. Under Michigan law, a landlord may not have to make accommodations or modifications if the building has only two units and they live in one, or if an immediate family member lives in a unit. Under federal law, a landlord who owns and lives in a building with four or fewer total units does not have to provide reasonable accommodations or modifications.

How to Ask for an Accommodation or Modification

You must ask for an accommodation or modification if you need one. A landlord does not have to offer one on their own. It is best to ask in writing so that you have proof of it later if there is a disagreement. Your request should say:

That you have a disability
How the disability affects your use of the home
What change you are asking for
How the change will help

If a landlord disagrees or says the request is unreasonable, they must work with you to find another solution.

If Your Landlord Refuses or Discriminates

If your landlord refuses a reasonable request or discriminates against you, you have a few options. You can file a complaint with the Michigan Department of Civil Rights (MDCR), or you can file a lawsuit. If you want to file a lawsuit, you may want to speak to a lawyer. Use the Guide to Legal Help to find one in your area.

You can also contact a fair housing center. Fair housing centers can explain your rights and may be able to help you negotiate with your landlord. Michigan fair housing centers include:

To learn more about discrimination, read Discrimination in Rental Housing.

Rights of Michigan Tenants with Disabilities