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Practice Of Real EstateFair_housingMEDIUM

A private club in Michigan owns a lodge with 12 residential units that it rents exclusively to its members. A non-member applies for a unit and is denied. The applicant files a complaint under the Michigan Elliott-Larsen Civil Rights Act. Which of the following best describes the likely outcome?

Correct Answer

B) The club may be exempt if it is a bona fide private club not open to the public and the housing is provided incident to club membership on a non-commercial basis

Both federal fair housing law and the Michigan Elliott-Larsen Civil Rights Act recognize a limited exemption for bona fide private clubs that are not open to the public and that provide housing incident to membership on a non-commercial basis. The club must be genuinely private and not use membership criteria as a pretext for discrimination based on a protected class. If these conditions are met, the club may lawfully restrict housing to its members.

Answer Options
A
The club is in violation because private clubs have no exemptions under Michigan fair housing law
B
The club may be exempt if it is a bona fide private club not open to the public and the housing is provided incident to club membership on a non-commercial basis
C
The club is in violation because only religious organizations may restrict housing to their members under Michigan law
D
The club is exempt because any organization with fewer than 15 residential units is excluded from Michigan fair housing requirements

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Related Topics & Key Terms

Key Terms:

elliott_larsenprivate_club_exemptionfair_housing_exemptionmichigan_specific

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