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HB 4062

Civil rights: housing discrimination; housing discrimination based on source of income; prohibit. Amends 1972 PA 348 (MCL 554.601 - 554.616) by adding sec. 1d. TIE BAR WITH: SB 0205'23, SB 0206'23

2023-2024 Regular Session Introduced by Joey Andrews and 31 co-sponsors

Gives tenants a private right to sue landlords for source-of-income discrimination under Michigan's Landlord-Tenant Act; damages capped at 3x monthly rent.

assigned PA 199'24
#civilrights:housingdiscrimination #housing:landlordandtenants
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Bill Summary · HB 4062

Summary — HB 4062 (Landlord‑Tenant Act amendment)

Topic: Prohibiting housing discrimination based on source of income; civil remedies

Main purpose

HB 4062 adds a private civil‑enforcement remedy to Michigan’s Landlord‑Tenant Act so that people who suffer loss because a landlord refused housing or otherwise discriminated against them based on their source of income can sue for injunctive relief and damages. The measure is tie‑barred to Senate Bills that create the underlying prohibition and definition of “source of income.”

Key provisions

  • Adds section 1d to 1972 PA 348 (Landlord‑Tenant Act):
    • A person alleging a violation of the source‑of‑income housing prohibition may bring a civil action in circuit court for injunctive relief, damages, or both.
    • “Damages” means actual damages caused by each violation, or up to three times the monthly rent for the rental unit(s) at issue, whichever is less, plus court costs and reasonable attorney fees.
    • Venue: action may be brought in the circuit court where the alleged violation occurred, or where the defendant resides or has its principal place of business.
  • The bill is tied to Senate Bills (SB 205 and SB 206) that:
    • Prohibit landlords (generally those with five or more rental units) and persons involved in real estate transactions from discriminating against current or prospective tenants because of their “source of income.”
    • Define “source of income” to include housing assistance (including Housing Choice vouchers), public assistance, emergency rental assistance, veterans’ benefits, Social Security, SSI, retirement programs, and other federal, state, local, or nonprofit administered programs (with limited exclusions for nonapproved assistance or non‑ongoing/illegal income).
    • Describe prohibited acts (denial or termination of tenancy, making units unavailable, false availability representations, differential terms/fees/services, advertising preferences/limitations, coercion or interference).
    • Require landlords who use an income threshold to subtract rent vouchers or subsidies from the monthly rent when evaluating a prospective tenant’s income (details and limited exceptions appear in companion bills).

Who is affected

  • Prospective and current tenants who receive income from vouchers, subsidies, public benefits, veterans’ benefits, Social Security, SSI, emergency rental assistance, and similar programs.
  • Landlords and managers, particularly entities owning five or more rental units as specified in the companion Senate bills.
  • Real estate brokers/salespersons and other participants in real estate transactions to the extent the companion bills apply those prohibitions more broadly.

Exceptions and limitations

  • Companion bills exempt certain small owner‑occupied rentals (e.g., owner‑occupied duplexes; rooms in a single‑family home where owner lives on site) and other limited circumstances.
  • Some versions exclude housing assistance that is not approved by the administering agency within a specified time after required information/repairs are completed.
  • Civil damages are capped at three times the monthly rent (or actual damages, if greater up to that cap).

Enforcement, remedies, and penalties

  • Private civil action in circuit court; injunctive relief; court costs and reasonable attorney fees.
  • (Administrative complaint procedures under the Elliott‑Larsen Civil Rights Act are addressed in companion legislation.)

Fiscal impact

  • Minimal, indeterminate fiscal impact on local courts (potential for additional filings) and potential minor impact on the Department of Civil Rights (if complaints/enforcement are added under companion ELCRA changes). Any additional costs depend on complaint volume and local practices.

Legislative status & effective date

  • HB 4062 (as the House substitute adding the civil remedy) was enacted as part of the package assigned Public Act 199 of 2024. The enacted measures were approved by the Governor Jan 16, 2025; the act’s effective date (for the landlord‑tenant amendment) is April 2, 2025. The statute’s operation is tied to enactment of the related Senate bills that establish the substantive prohibition and definitions.

If you want, I can extract the exact statutory language added, list the specific prohibited acts from the companion bills, or create a plain‑language FAQ for landlords and tenants about compliance.

Compiled from official sources — confirm details with the bill’s official record.

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