Ann Arbor — Ch. 122 Fair Chance Access to Housing § 9:605
Exceptions
Operative Text
(1) It shall not be a violation of this chapter for a housing provider to comply with federal or state laws that require the housing provider to exclude tenants based on certain types of criminal history. If such a legal requirement applies, the housing provider shall not inquire about, require disclosure of, or, if such information is received, review an applicant's criminal history until the housing provider first does all of the following: (a) Determines that the applicant is qualified to rent the housing under all of the housing provider's criteria for assessing applicants aside from any federal or state mandated criminal history criteria; (b) Gives to the applicant a conditional offer of a rental agreement that commits to providing the housing to the applicant as long as the applicant meets federal and state mandated criminal history criteria; (c) Provides written advance notice to the applicant stating that the housing provider will review the applicant's criminal history for the sole purpose of complying with any applicable federal and state laws, and describing the specific legal requirements and reasons the applicant may be disqualified; and (d) Requests written consent from the applicant, or if the applicant objects, provides the applicant the opportunity to withdraw the rental application. (2) The denial of housing by a housing provider because of a past criminal conviction may be based only on state and federal requirements. (3) If any adverse action by a housing provider is based in whole or in part on the applicant's criminal history in compliance with federal or state law as described in this section, the housing provider shall provide a written notice to the applicant regarding the adverse action that includes, at a minimum, all of the following: (a) The reason(s) for the adverse action; (b) A copy of any criminal history, background check report, or other information related to the applicant's criminal history that served as a basis for the adverse action; (c) An opportunity to respond with rebutting or mitigating information prior to the denial of applicant's housing application; and (d) Instructions regarding how to file a complaint about the adverse action with the city. (4) Nothing in this chapter shall be construed to apply to a Public Housing Agency as defined by 24 CFR § 982.4, including the Ann Arbor Housing Commission and its affiliated entities. (5) Nothing in this chapter shall be construed to apply to permanent supportive housing providers. (a) Permanent supportive housing providers adhere to Housing First policies by housing those who need it most, with no pre-conditions, offer a broad array of supports to help individuals stay housed, and practice harm reduction to engage and support people on their path to recovery. (b) To qualify as exempt as a permanent supportive housing provider under this subsection, the person must be a homeless service provider agency as recognized by the Washtenaw County Continuum of Care Board.
Ann Arbor — Ch. 122 Fair Chance Access to Housing § 9:605 carves out limited exceptions to the chapter's general fair-chance rules. When federal or state law specifically requires a housing provider to screen applicants based on criminal history, the provider may do so—but only after first qualifying the applicant on all other criteria, extending a conditional offer, giving written notice of the legal basis for the review, and obtaining written consent. Denials grounded in criminal history must be supported by written notice that includes the reasons, a copy of the relevant records, and an opportunity for the applicant to respond. Public Housing Agencies (including the Ann Arbor Housing Commission) and recognized permanent supportive housing providers are fully exempt from this chapter.
Plain English — not legal advice.
Under Ann Arbor — Ch. 122 Fair Chance Access to Housing § 9:605, housing providers who are legally required by federal or state law to screen for criminal history must follow a strict sequence before doing so: evaluate the applicant on all other criteria first, issue a conditional offer, deliver written notice explaining the specific legal requirements, and obtain written consent. If an adverse action follows, compliant operators provide written notice that includes the reasons, a copy of the criminal history report, a chance for the applicant to submit rebuttal or mitigating information, and instructions for filing a city complaint. Providers who qualify as Public Housing Agencies or recognized permanent supportive housing providers are exempt from these requirements entirely.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ann Arbor — Ch. 122 Fair Chance Access to Housing § 9:605 establishes that even when a housing provider is permitted to consider criminal history under federal or state law, applicants retain important procedural rights—including receiving a conditional offer before any criminal review begins, getting written notice of the legal basis for that review, and having a chance to respond with rebuttal or mitigating information before a final denial. If a housing provider skips these steps or denies housing without following the required process, that may constitute a violation of this chapter, and the written notice must include instructions on how to file a complaint with the city. Tenants who believe their rights under § 9:605 were not honored may consider contacting a local tenant-rights organization or the city for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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