Detroit — Ch. 22 Art. VIII Fair Chance Access to Rental Housing § 22-8-7
Procedures for use of evidence of rehabilitation or other mitigating factors in housing decisions; requirement for individualized assessment
Operative Text
(a) Consistent with the procedures in this section and subject to state and federal law, a housing provider shall offer the applicant a reasonable opportunity to present evidence of rehabilitation or other mitigating factors related to convictions within the previous five years. (b) In reviewing an applicant's criminal history and making a decision related to eligible housing based on such history, a housing provider shall conduct an individualized assessment, considering only: (1) Convictions that warrant denial based on local, state, or federal law; and (2) Time that has elapsed since the conviction; and (3) Whether it is a directly-related conviction, as defined in Section 22-8-3 of this Code, that has direct and specific negative bearing on the safety of persons or real property; and (4) Any evidence of inaccuracy or evidence of rehabilitation or other mitigating factors presented by the applicant. (c) If a housing provider intends to base an adverse action related to eligible housing on an item or items in the applicant's conviction history, prior to taking any adverse action the housing provider shall provide the applicant with a copy of the background check report, and shall notify the applicant of the prospective adverse action and the items forming the basis for the prospective adverse action. (d) If, within 14 calendar days of the date that the notice described in Subsection (c) of this section is provided by the housing provider to the applicant, the applicant gives the housing provider notice in writing of evidence of the inaccuracy of the item or items of conviction history or evidence of rehabilitation or other mitigating factors set forth in this section, the housing provider shall delay any adverse action for a reasonable period of not less than five calendar days after receipt of the information. During that time the housing provider shall reconsider the prospective adverse action in light of the information provided by the applicant or potential applicant. (e) The housing provider shall promptly notify the applicant of any final adverse action based upon their conviction history or contents of the criminal background check. (f) It shall be unlawful for any housing provider to engage in any communication, including the production or dissemination of advertisements, related to eligible housing, which expresses, directly or indirectly, that any person with an arrest or conviction record will not be considered for the rental or lease of real property or that may not apply for the rental or lease of real property, except as required by local, state, or federal law. For purposes of this subsection, engaging in a communication includes, but is not limited to, making a verbal statement or producing or disseminating any solicitation, advertisement, or signage.
Under Detroit — Ch. 22 Art. VIII Fair Chance Access to Rental Housing § 22-8-7, housing providers in Detroit must conduct an individualized assessment of any applicant's criminal history before making a housing decision, weighing factors such as time elapsed since a conviction, whether the conviction is directly related to safety of persons or property, and any evidence of rehabilitation or mitigating circumstances. Before taking an adverse action based on criminal history, the provider must share the background check report with the applicant and give written notice of the intended denial, after which the applicant has 14 calendar days to submit a written response. Housing providers are also prohibited from advertising or communicating—verbally or in writing—that people with arrest or conviction records will not be considered for rental housing, except where required by law.
Plain English — not legal advice.
Operators subject to Detroit — Ch. 22 Art. VIII Fair Chance Access to Rental Housing § 22-8-7 generally maintain screening procedures that include a documented individualized assessment for each applicant with a relevant criminal history, rather than applying blanket exclusions. Compliant operators provide applicants with a copy of the background check report and a written pre-adverse-action notice before finalizing any denial, then observe at least a five-calendar-day waiting period if the applicant submits a written rebuttal within 14 days. Rental listings, signage, and verbal communications are reviewed to ensure they do not state or imply that individuals with arrest or conviction records are categorically ineligible.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Detroit — Ch. 22 Art. VIII Fair Chance Access to Rental Housing § 22-8-7 gives applicants the right to receive a copy of their background check report and a written notice before a housing provider finalizes any denial based on criminal history. Within 14 calendar days of receiving that notice, an applicant may submit written evidence challenging the accuracy of the report or presenting rehabilitation or other mitigating factors, which requires the provider to pause and reconsider the decision. Tenants or applicants who believe a housing provider has violated these procedures—such as by using a blanket policy or failing to provide required notices—may consider contacting a local tenant-rights organization or the City of Detroit for information about available complaint processes.
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.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.
Related Rules
Source Information
Use this in your app
Access this data programmatically via our API