[Adopted 3-4-1963 by Ord. No. 63-6]
Act No. 167, of the Public Acts of 1917, as amended (MCLA §§ 125.401
to 125.519, Compiled Laws of 1948), known as the "Housing Law of Michigan,"
is hereby adopted by reference as an ordinance of the City of Royal Oak.
Every person who shall violate or assist in the violation of any provision
of the said Housing Law of Michigan shall be guilty of a misdemeanor, and
upon conviction thereof shall be fined in an amount not exceeding $100 or
be imprisoned in the Royal Oak City Jail or the Oakland County Jail for a
period not exceeding 90 days, or be both so fined and imprisoned in the discretion
of the court.
Nothing herein contained shall repeal any ordinance or part of any ordinance
heretofore in effect, or hereinafter enacted by the City of Royal Oak.
Copies of said Act No. 167, of the Public Acts of 1917, as amended, shall be kept in the office of the City Clerk, such copies to
be available for public inspection and use by the public.
[Adopted 2-7-1977 by Ord. No. 77-4]
This article shall be known and may be cited as the "Fair Housing Ordinance."
For the purpose of the provisions of this article, the following words
and phrases shall be construed to have the meanings herein set forth, unless
it is apparent from the context that a different meaning is intended:
COMMISSION
The Human Relations Commission established by this article.
COMPLAINT
A written statement, given under oath, alleging an unfair housing
practice.
FAMILY
Its customary definition as well as a single individual.
HANDICAP
A determinable physical or mental condition of an individual or a
history of such condition which may result from disease, accident, condition
of birth, or functional disorder which constitutes a physical or mental limitation
which is unrelated to an individual's ability to acquire, rent, or maintain
property.
HOUSING ACCOMMODATION
Includes any improved or unimproved real property, or part thereof,
which is used or occupied, or is intended, arranged or designed to be used
or occupied, as the home of residence of one or more individuals.
PERSON
Includes an individual, association, corporation, joint apprenticeship
committee, joint-stock company, labor union, legal representative, mutual
company, partnership, receiver, trust, trustee, trustee in bankruptcy, unincorporated
organization, any other legal or commercial entity, the state or any governmental
entity or agency.
REAL ESTATE BROKER OR SALESMAN
A person, whether licensed or not; who for, or with, the expectation
of receiving a consideration, lists, sells, purchases, exchanges, rents or
leases real property, or who negotiates or attempts to negotiate any of these
activities, or who holds himself out as engaged in these activities, or who
negotiates or attempts to negotiate a loan secured or to be secured by mortgage
or other encumbrance upon real property, or who is engaged in the business
of listing real property in a publication, or a person employed by or acting
on behalf of any of these.
REAL PROPERTY
Includes buildings, structure, real estate, land, tenements, lease-holds,
interests in real estate cooperatives, condominiums and hereditaments, corporeal
and incorporeal, or any interest therein.
STATE COMMISSION
The Civil Rights Commission created by the Constitution of 1963.
TO PUBLISH OR ADVERTISE
A communication by the owner or lessor or a person at his request
relative to an offer of sale, rental or lease of a housing accommodation.
Nothing in this article shall be deemed to prohibit an owner, lender,
or his agent from requiring that an applicant who seeks to buy, rent, lease
or obtain financial assistance for housing accommodations supply information
concerning the person's financial, business or employment status, or other
information designed solely to determine the person's credit worthiness, but
not concerning race, color, religion, national origin, sex, marital status,
age or handicap. Nothing in this article shall require an owner, real estate
broker, or other person to enter into a real estate transaction with a person
who does not otherwise have the legal capacity to enter into a self-binding
contract.
Section
400-8 of this article does not apply:
A. To the rental of a housing accommodation in a building
which contains housing accommodations for not more than two families living
independently of each other, if the owner or lessor or a member of his family
resides in one of the housing accommodations.
B. To the rental of a room or rooms in a single-family dwelling
by the owner or lessor if he or a member of his family resides therein.
C. To the sale or rental by the owner or lessor of a housing
accommodation in a building which contains housing accommodations for not
more than two families living independently of each other which was not in
any manner listed or publicly advertised for sale or rental.
D. To the rental of a housing accommodation for not more
than 12 months by the owner or lessor where it was occupied by him and maintained
as his home for at least three months immediately preceding occupancy by the
tenant and is temporarily vacated while maintaining legal residence.
E. With respect to the age provision only, to the sale,
rental or lease of housing accommodations meeting the requirements of federal,
state, or local housing programs for senior citizens, or accommodations otherwise
intended, advertised, designed or operated, bona fide, for the purpose of
providing housing accommodations for persons 50 years of age or older.
A violation of this article may be proceeded upon by means of a criminal
complaint only when preceded by a written authorization from the Human Relations
Commission. Thereafter, any violation of this article shall be deemed a misdemeanor,
punishable by a fine not to exceed $500 and/or by imprisonment of not more
than 90 days, within the discretion of the court.