[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.