As used in this chapter, the following words and phrases have the
following meanings:
ACTUAL EVICTION
The completed legal process of a landlord removing a tenant
from a rental property.
ADVERSE ACTION
To evict an individual, fail or refuse to rent or lease real
property to an individual, or fail or refuse to continue to rent or
lease real property to an individual, or fail or refuse to add a household
member to an existing lease, or reduce any tenant subsidy. The adverse
action must relate to property located in the City of Kalamazoo.
AGENT
A person acting on behalf of a housing facility entity.
APPLICANT
An individual applying to rent or lease a housing facility
and an individual applying to be added to an existing housing facility
lease.
BLANKET POLICY
A policy or practice that generally treats an individual
as a member of group based on a particular characteristic as opposed
to singularly.
DIRECTLY RELATED CONVICTION
The conduct for which the person was convicted or that is
the subject of an unresolved arrest that has a direct and specific
negative bearing on the health, safety, or right to peaceful enjoyment
of the premises by persons, and includes one or more of the following
offenses:
(1)
Any conviction where state or federal law prohibits the applicant
from being eligible for public housing; or
(2)
Any conviction that leads to the applicant becoming a lifetime
registered sex offender.
EVICTION FILING
A legal filing intended to start the process in which a landlord
removes a tenant from a rental property.
EVIDENCE OF REHABILITATION
Includes, but is not limited to, a person's satisfactory
compliance with all terms and conditions of parole or probation (however,
an inability to pay fines, fees and restitution due to indigence shall
not be considered regarding compliance with terms and conditions of
parole or probation or both); employer recommendations, especially
concerning a person's post-conviction employment; educational
attainment or vocational or professional training since a conviction,
including training received while incarcerated; completion or active
participation in rehabilitative treatment, such as alcohol or drug
treatment; letters of recommendation from community organizations,
counselors or case managers, teachers, community leaders, or probation
or per parole officers who have observed the applicant since their
conviction; and the length of time since conviction or release from
incarceration. Successful completion of parole, probation, mandatory
supervision, or post-release community supervision shall create a
presumption of rehabilitation.
HOUSING FACILITY
Any dwelling unit or facility used or intended or designed
to be used as the home, domicile or residence of one or more persons,
including, but not limited to, a house, apartment, rooming house,
housing cooperative, homeless shelter, hotel, motel, tourist home,
retirement home or nursing home.
LANDLORD
Any owner, lessor, sublessor, managing agent, or company,
or any other person that rents, leases, or approves the rental or
lease of a housing facility, or makes tenancy decisions.
PUBLIC HOUSING
Rental housing facilities developed with federal, state,
or local government (City or county) funding or which pay an annual
service charge in lieu of taxes and are intended for eligible low-income
individuals and families, the elderly, and persons with disabilities.
RENTAL APPLICATION FEE
Any fee paid by an applicant to a landlord to permit a background
check of the applicant before or after a leasehold contract is created.
SOURCE OF INCOME
Lawful verifiable income derived from wages, salaries or
other compensation for employment, money derived from a gift or bequest,
contract (including insurance proceeds), loan, or the settlement or
award for a claim for personal injury. It also includes but is not
limited to social security benefits, supplemental security income,
unemployment benefits, retirement income, alimony, child support,
Federal Housing Choice Voucher, Local Housing Assistance Fund Millage,
or any other housing subsidy.
SURVIVOR OF DOMESTIC VIOLENCE
An individual against whom any of the following acts were
perpetrated by a person that was not an act of self-defense:
(1)
Causing or attempting to cause physical or mental harm to a
family or household member;
(2)
Placing a family or household member in fear of physical or
mental harm;
(3)
Causing or attempting to cause a family or household member
to engage in involuntary sexual activity by force, threat of force,
or duress; or
(4)
Engaging in activity toward a family or household member that
would cause a reasonable person to feel terrorized, frightened, threatened,
harassed, or molested.
(5)
Conduct constituting sexual assault as described in MCLA §§ 750.520a
to 750.520I.
(6)
Conduct constituting stalking as defined at MCLA §§ 750.411h
and 750.411i.