Detroit — Ch. 22 Art. VIII Fair Chance Access to Rental Housing § 22-8-5
Prohibition on housing provider inquiring into criminal convictions of applicants and their household members until being interviewed or qualified; basis for adverse action
Operative Text
(a) Except as provided in Section 22-8-6 of this Code, housing providers shall not: (1) Inquire about or require applicants to disclose conviction history as part of tenant screening process until the housing provider: a. Has determined the applicant is qualified to rent the housing unit under all of the housing provider's criteria not related to potential past criminal convictions or an unresolved arrest; and b. Has provided to the applicant a conditional lease agreement that commits the unit to the applicant as long as the applicant passes the conviction history review. (2) Base an adverse action in whole or in part: a. On an unresolved arrest or an arrest not leading to a conviction; b. On participation in or completion of a diversion or a deferral of judgment program; c. On a conviction that has been judicially dismissed, expunged, voided, invalidated or otherwise rendered inoperative by a court of law or by executive pardon. d. On a conviction or any other determination or adjudication in the juvenile justice system, or information regarding a matter considered in or processed through the juvenile justice system; e. On a misdemeanor conviction that is more than five years old, calculated from the date of sentencing; or f. On information pertaining to an offense or violation other than a felony or misdemeanor, such as a civil infraction. (3) A housing provider shall not include questions regarding or require applicants to disclose on any housing application the facts or details of any conviction history or any matter identified in Subsection (2) of this section. (b) It is the responsibility of a housing provider to ensure that its employees and agents comply with this article.
Detroit's Fair Chance Access to Rental Housing ordinance, under § 22-8-5, establishes a sequential process that housing providers must follow before asking about an applicant's criminal history. A provider may only inquire about conviction history after first determining the applicant meets all non-criminal criteria and issuing a conditional lease offer. Even once that threshold is crossed, the ordinance prohibits basing any adverse rental decision on unresolved arrests, arrests without convictions, juvenile records, dismissed or expunged convictions, misdemeanors older than five years, or civil infractions. Housing providers are also responsible for ensuring their staff and agents follow these same rules.
Plain English — not legal advice.
Under Detroit § 22-8-5, compliant housing operators structure their screening process in two distinct phases: first evaluating income, rental history, and other non-criminal criteria, and only then—after issuing a conditional lease agreement—reviewing any conviction history. Operators generally ensure that their rental applications contain no questions about conviction history or any of the categories of records the ordinance places off-limits, such as expunged convictions or juvenile adjudications. Because § 22-8-5(b) holds housing providers accountable for the conduct of their employees and agents, operators typically train all leasing staff and third-party screening vendors on these requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Detroit § 22-8-5 gives rental applicants the right to be evaluated on standard qualifications—such as income and rental history—before a housing provider may ask about any criminal background, and applicants are entitled to receive a conditional lease offer before that inquiry begins. The ordinance also means that certain records, including unresolved arrests, expunged convictions, juvenile records, and misdemeanors more than five years old, generally cannot be used as a basis for denying housing. Applicants who believe a housing provider has violated § 22-8-5 may consider documenting the circumstances, consulting a local tenant-rights organization, or exploring complaint options available through the City of Detroit.
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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