Mich. Comp. Laws § § 125.468
Basement and cellar rooms.
Operative Text
Sec. 68. Basement and cellar rooms. No room in the cellar of any dwelling erected prior to the passage of this act shall be occupied for living purposes. And no room in the basement of any such dwelling shall be so occupied without a written permit from the health officer, which permit shall be kept readily accessible in the main living room of the apartment containing such room. No such room shall hereafter be occupied unless all the following conditions are complied with: (1) Such room shall be at least 7 feet high in every part from the floor to the ceiling. (2) The ceiling of such room shall be in every part at least 3 feet 6 inches above the surface of the street or ground outside of or adjoining the same. (3) There shall be appurtenant to such room the use of a water-closet. (4) At least 1 of the rooms of the apartment of which such room is an integral part shall have a window opening directly to the street or yard, of at least 12 square feet in size clear of the sash frame, and which shall open readily for purposes of ventilation. (5) The lowest floor shall be water-proof and damp-proof. (6) Such room shall have sufficient light and ventilation, shall be well drained and dry, and shall be fit for human habitation.
Section 125.468 of Michigan's Housing Law (MCL § 125.401 et seq.) establishes strict conditions governing when basement and cellar rooms in older dwellings may be used for living purposes. Cellar rooms in dwellings built before the law's passage are flatly prohibited from residential occupancy. Basement rooms in those same dwellings may only be occupied if a written health officer permit is obtained and kept accessible in the main living area, and only if the room meets all six physical standards—including minimum ceiling height, above-grade clearance, access to a water closet, adequate window area, a waterproof floor, and sufficient light, ventilation, drainage, and dryness.
Plain English — not legal advice.
Operators of older Michigan dwellings should be aware that § 125.468 imposes an outright ban on using cellar rooms for residential occupancy and places significant preconditions on any basement room used for living. A compliant operator secures a written permit from the health officer before allowing basement occupancy, keeps that permit readily accessible in the apartment's main living room, and verifies that all six physical conditions—ceiling height, above-grade elevation, water-closet access, window size, floor waterproofing, and habitability—are continuously satisfied. Allowing occupancy without meeting these requirements exposes a property to regulatory action under MCL § 125.401 et seq.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 125.468 of Michigan's Housing Law, tenants living in basement rooms of older dwellings have a right to expect that a valid health officer permit exists and is kept accessible in the main living area, and that the space meets all six habitability conditions set out in the statute. If a basement or cellar room lacks a permit, fails to meet the physical standards, or is a cellar room being used for living at all, these facts may be relevant to housing code complaints or other enforcement avenues. Tenants who believe their unit does not comply with MCL § 125.401 et seq. may consider contacting a local housing or health authority, or reaching out to a tenant-rights organization for general information about 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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