Detroit — Ch. 22 Art. III Inclusionary Housing Requirements (preempted-pending-review) § 22-3-3
Applicability; exemptions
Operative Text
(a) Subject to Subsections (b) and (c) of this section, all qualifying transactions brought before the City Council for approval are subject to the affordability requirements set forth in Section 22-3-5 of this Code. (b) The following facilities are exempt from the requirements of this article: (1) Nursing homes, residential care facilities, and assisted care living facilities; (2) Dormitories and group quarters, as defined by the U.S. Bureau of Census; (3) Predominantly transient-occupied lodging such as hotels, motels, hostels, short-term rentals, and bed and breakfasts; and (4) Owner-occupied cooperative housing projects. (c) The requirements of this article do not supersede requirements or regulations set forth by the U.S. Department of Housing and Urban Development or its agencies, or requirements or regulations set forth by the State of Michigan or its agencies.
Detroit's Ch. 22 Art. III § 22-3-3 establishes which residential development transactions must comply with the city's inclusionary housing affordability requirements and which do not. Any qualifying transaction brought before the City Council for approval is generally subject to those requirements, but nursing homes, dormitories, hotels and similar transient lodging, and owner-occupied cooperative housing are explicitly carved out. Additionally, the article's requirements yield to any conflicting rules set by HUD or the State of Michigan.
Plain English — not legal advice.
Under § 22-3-3, property owners and developers pursuing City Council approval for qualifying transactions should determine at the outset whether their project falls within one of the enumerated exemptions—such as assisted living facilities, census-defined group quarters, predominantly transient lodging, or owner-occupied cooperatives. For projects that do not qualify for an exemption, the affordability requirements of Section 22-3-5 will apply. Operators whose projects involve HUD financing or state agency oversight should also assess whether those regulatory frameworks affect how the local inclusionary requirements interact with their development.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 22-3-3 defines the scope of Detroit's inclusionary housing rules, which can affect the availability of affordable units in new or substantially altered residential developments that go before the City Council. Tenants living in or seeking housing in covered developments may have an interest in whether a project was properly classified as exempt or subject to the affordability requirements of Section 22-3-5. Tenant-rights organizations in Detroit can help residents understand how these applicability rules may relate to housing opportunities in their community.
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 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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