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A Michigan landlord owns a four-unit apartment building and lives in one of the units. He refuses to rent a vacant unit to a widower, stating he prefers married couples as tenants. The widower files a complaint under the Michigan Elliott-Larsen Civil Rights Act. The landlord argues he is exempt because he is an owner-occupant of a small building. Which of the following most accurately describes the legal outcome?

Correct Answer

B) The landlord is not exempt because the Michigan Elliott-Larsen Civil Rights Act does not provide the same owner-occupant exemption as federal law

While the federal Fair Housing Act includes an exemption for owner-occupants of buildings with four or fewer units (the 'Mrs. Murphy' exemption), the Michigan Elliott-Larsen Civil Rights Act (MCL 37.2503) does not contain the same broad exemption. Michigan's law applies more broadly to housing accommodations, and the marital status protection under the Elliott-Larsen Act covers rental situations like this one. The landlord's refusal to rent based on the widower's marital status (widowed/single) violates Michigan state law even if he might have an argument under federal law.

Answer Options
A
The landlord is exempt because the federal Fair Housing Act exempts owner-occupants of buildings with four or fewer units
B
The landlord is not exempt because the Michigan Elliott-Larsen Civil Rights Act does not provide the same owner-occupant exemption as federal law
C
The landlord is exempt because marital status is not a protected class in Michigan rental housing
D
The landlord is not exempt because the building has more than two units, eliminating any possible exemption

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Related Topics & Key Terms

Key Terms:

elliott_larsenmarital_statusowner_occupant_exemptionstate_vs_federalfair_housing

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