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A Michigan religious organization owns a residential apartment complex with 20 units and rents exclusively to members of its congregation. A non-member applies and is denied. The applicant files a fair housing complaint under the Michigan Elliott-Larsen Civil Rights Act. Which of the following best describes the legal outcome?

Correct Answer

B) The organization may be exempt because Michigan law, like federal law, permits religious organizations to give preference to members of their religion in housing they own and operate for non-commercial purposes

Both the federal Fair Housing Act and the Michigan Elliott-Larsen Civil Rights Act recognize an exemption for religious organizations that own and operate housing on a non-commercial basis, allowing them to limit occupancy or give preference to members of their religion. The key conditions are that the housing must not be operated for commercial purposes and the organization must not discriminate based on race, color, or national origin in its membership. This exemption is consistent between federal and Michigan law.

Answer Options
A
The organization is in violation because religious organizations receive no exemptions under Michigan fair housing law
B
The organization may be exempt because Michigan law, like federal law, permits religious organizations to give preference to members of their religion in housing they own and operate for non-commercial purposes
C
The organization is in violation because the Elliott-Larsen Act prohibits all religion-based housing preferences regardless of the property owner's status
D
The organization is exempt because any nonprofit entity is fully excluded from Michigan fair housing requirements

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Related Topics & Key Terms

Key Terms:

religious organization exemptionElliott-Larsen Civil Rights Actnon-commercial housingfair housing exemptionMCL 37.2503

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