SB 783 is on its way to the House Committee for hearing. That is the bill that will permit landlords in housing and other property owners to prohibit possession. I plan to use the following to make an argument against it as written testimony and would like to be there to read it into the record. If anyone has anything constructive to offer, then please. It would behoove us to have more than one source for it. Please use any and all.
There are Civil Rights Laws that require disabled individuals be afforded accommodation for their disabilities. They are a protected class. To prohibit medically necessary treatment in housing is flatly illegal. To prohibit possession of cannabis as medicine to those authorized who use it for that purpose in a public or private place is to break the law. Accommodation to prevent a public nuisance can be reasonable, something as simple as air filtration or agreement to an alternate means of administration different from smoking by a tenant. Contract and other law already protects property owners with provision for lease agreements, eviction, and judgment for damages in civil court. There is no reason to criminalize this aside from gratuitous and belligerent obstinance. It serves no public purpose. The Legislature is enjoined by law from discriminating.
Per MI Public Act 220 of 1976: (from sec. 102), (1)The opportunity to obtain employment, housing, and other real estate and full and equal utilization of public accommodations, public services, and educational facilities without discrimination because of a disability is guaranteed by this act and is a civil right.
(2) Except as otherwise provided in article 2, a person shall accommodate a person with a disability for purposes of employment, public accommodation, public service, education, or housing unless the person demonstrates that the accommodation would impose an undue hardship.
37.1103-Definitions
Sec. 103.
As used in this act:
(a) “Alcoholic liquor” means that term as defined in section 105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1105.
(
“Commission” means the civil rights commission established by section 29 of article V of the state constitution of 1963.
© “Controlled substance” means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
(d) Except as provided under subdivision (f), “disability” means 1 or more of the following:
(i) A determinable physical or mental characteristic of an individual, which may result from disease, injury, congenital condition of birth, or functional disorder, if the characteristic:
(A) For purposes of article 2, substantially limits 1 or more of the major life activities of that individual and is unrelated to the individual's ability to perform the duties of a particular job or position or substantially limits 1 or more of the major life activities of that individual and is unrelated to the individual's qualifications for employment or promotion.
(
For purposes of article 3, is unrelated to the individual's ability to utilize and benefit from a place of public accommodation or public service.
© For purposes of article 4, is unrelated to the individual's ability to utilize and benefit from educational opportunities, programs, and facilities at an educational institution.
(D) For purposes of article 5, substantially limits 1 or more of that individual's major life activities and is unrelated to the individual's ability to acquire, rent, or maintain property.
(ii) A history of a determinable physical or mental characteristic described in subparagraph (i).
(iii) Being regarded as having a determinable physical or mental characteristic described in subparagraph (i).
(e) “Drug” means that term as defined in section 7105 of the public health code, 1978 PA 368, MCL 333.7105.
(f) For purposes of article 2, disability does not include either of the following:
(i) A determinable physical or mental characteristic caused by the current illegal use of a controlled substance by that individual.
(ii) A determinable physical or mental characteristic caused by the use of an alcoholic liquor by that individual, if that physical or mental characteristic prevents that individual from performing the duties of his or her job.
(g) “Person” includes an individual, agent, association, corporation, joint apprenticeship committee, joint-stock company, labor union, legal representative, mutual company, partnership, receiver, trust, trustee in bankruptcy, unincorporated organization, this state, or any other legal, commercial, or governmental entity or agency.
(h) “Person with a disability” or “person with disabilities” means an individual who has 1 or more disabilities.
(i) “Political subdivision” means a county, city, village, township, school district, or special district or authority of this state.
(j) “State average weekly wage” means the state average weekly wage as determined by the Michigan employment security commission under section 27 of the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.27.
(k) “Temporary employee” means an employee hired for a position that will not exceed 90 days in duration.
(l) “Unrelated to the individual's ability” means, with or without accommodation, an individual's disability does not prevent the individual from doing 1 or more of the following:
(i) For purposes of article 2, performing the duties of a particular job or position.
(ii) For purposes of article 3, utilizing and benefiting from a place of public accommodation or public service.
(iii) For purposes of article 4, utilizing and benefiting from educational opportunities, programs, and facilities at an educational institution.
(iv) For purposes of article 5, acquiring, renting, or maintaining property.
History: 1976, Act 220, Eff. Mar. 31, 1977 ;-- Am. 1980, Act 478, Imd. Eff. Jan. 20, 1981 ;-- Am. 1990, Act 121, Imd. Eff. June 25, 1990 ;-- Am. 1992, Act 123, Imd. Eff. June 29, 1992 ;-- Am. 1998, Act 20, Imd. Eff. Mar. 12, 1998 ;-- Am. 1999, Act 201, Eff. Mar. 10, 2000
Compiler's Notes: Enacting section 1 of Act 201 of 1999 provides:“Enacting section 1. This amendatory act is curative and intended to correct any misinterpretation of legislative intent in the court of appeals decision in Doe v Department of Corrections, 236 Mich App 801 (1999). This legislation further expresses the original intent of the legislature that an individual serving a sentence of imprisonment in a state or county correctional facility is not within the purview of this act.”
The following Articles are pertinent to our interest:
ARTICLE 3
37.1301 Definitions.
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Sec. 301.
As used in this article:
(a)
“Place of public accommodation” means a business, educational institution, refreshment,
entertainment, recreation, health, or transportation facility of any kind, whether licensed or not, whose
goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or
otherwise made available to the public.
(
“Public service” means a public facility, department, agency, board, or commission owned,
operated, or managed by or on behalf of this state or a subdivision of this state, a county, city, village,
township, or independent or regional district in this state or a tax exempt private agency established to
provide service to the public, except that public service does not include a state or county correctional
facility with respect to actions or decisions regarding an individual serving a sentence of imprisonment.
History: 1976, Act 220, Eff. Mar. 31, 1977;—Am. 1980, Act 478, Imd. Eff. Jan. 20, 1981;—Am. 1999, Act 201, Eff. Mar. 10, 2000.
Compiler's note: Enacting section 1 of Act 201 of 1999 provides: “Enacting section 1. This amendatory act is curative and intended to
correct any misinterpretation of legislative intent in the court of appeals decision in Doe v Department of Corrections, 236 Mich App 801
(1999). This legislation further expresses the original intent of the legislature that an individual serving a sentence of imprisonment in a state or
county correctional facility is not within the purview of this act.”
37.1302 Prohibited conduct.
Sec. 302.
Except where permitted by law, a person shall not:
(a)
Deny an individual the full and equal enjoyment of the goods, services, facilities, privileges,
advantages, and accommodations of a place of public accommodation or public service because of a
disability that is unrelated to the individual's ability to utilize and benefit from the goods, services,
facilities, privileges, advantages, or accommodations or because of the use by an individual of adaptive
devices or aids.
(
Print, circulate, post, mail, or otherwise cause to be published a statement, advertisement, or sign
which indicates that the full and equal enjoyment of the goods, services, facilities, privileges,
advantages, and accommodations of a place of public accommodation or public service will be refused,
withheld from, or denied an individual because of a disability that is unrelated to the individual's ability to
utilize and benefit from the goods, services, facilities, privileges, advantages, or accommodations or
because of the use by an individual of adaptive devices or aids, or that an individual's patronage of or
presence at a place of public accommodation is objectionable, unwelcome, unacceptable, or undesirable
because of a disability that is unrelated to the individual's ability to utilize and benefit from the goods,
services, facilities, privileges, advantages, or accommodations or because of the use by an individual of
adaptive devices or aids.
History: 1976, Act 220, Eff. Mar. 31, 1977;—Am. 1998, Act 20, Imd. Eff. Mar. 12, 1998.
37.1303 Exemptions.
Sec. 303.
This article shall not apply to a private club, or other establishment not in fact open to the
public, except to the extent that the goods, services, facilities, privileges, advantages, or
accommodations of the private club or establishment are made available to the customers or patrons of
another establishment that is a place of public accommodation, or if it is licensed, chartered, or certified
by the state or any of its political subdivisions.
History: 1976, Act 220, Eff. Mar. 31, 1977.
ARTICLE 5
37.1501 Definitions.
Sec. 501.
As used in this article:
(a)
“Housing accommodation” includes improved or unimproved real property, or a part thereof, which
is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home or
residence of 1 or more persons.
(
“Immediate family” means a spouse, parent, child, or sibling.
©
“Real estate broker or salesman” means 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 a 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 persons.
(d)
“Real estate transaction” means the sale, exchange, rental, or lease of real property, or an
interest therein.
(e)
“Real property” includes a building, structure, mobile home, real estate, land, mobile home park,
trailer park, tenement, leasehold, or an interest in a real estate cooperative or condominium.
History: 1976, Act 220, Eff. Mar. 31, 1977.
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37.1502 Owners, persons engaging in real estate transactions, real estate brokers, and real
estate salesmen; prohibited conduct.
Sec. 502.
(1)
An owner or any other person engaging in a real estate transaction, or a real estate
broker or salesman shall not, on the basis of a disability of a buyer or renter, of a person residing in or
intending to reside in a dwelling after it is sold, rented, or made available, or of any person associated
with that buyer or renter, that is unrelated to the individual's ability to acquire, rent, or maintain property
or use by an individual of adaptive devices or aids:
(a)
Refuse to engage in a real estate transaction with a person.
(
Discriminate against a person in the terms, conditions, or privileges of a real estate transaction or
in the furnishing of facilities or services in connection with a real estate transaction.
©
Refuse to receive or fail to transmit a bona fide offer to engage in a real estate transaction from a
person.
(d)
Refuse to negotiate for a real estate transaction with a person.
(e)
Represent to a person that real property is not available for inspection, sale, rental, or lease when
in fact it is available, fail to bring a property listing to a person's attention, refuse to permit a person to
inspect real property, or otherwise deny or make real property unavailable to a person.
(f)
Make, print, circulate, post, or mail or cause to be made or published a statement, advertisement,
or sign, or use a form of application for a real estate transaction, or make a record of inquiry in connection
with a prospective real estate transaction, which indicates, directly or indirectly, an intent to make a
limitation, specification, or discrimination with respect to a real estate transaction.
(g)
Offer, solicit, accept, use, or retain a listing of real property with the understanding that a person
may be discriminated against in a real estate transaction or in the furnishing of facilities or services in
connection with a real estate transaction.
(h)
Discriminate against a person in the brokering or appraising of real property.
(2)
A person shall not deny a person access to or membership or participation in a multiple listing
service, real estate brokers' organization or other service, organization, or facility relating to the business
of selling or renting real property, or discriminate against a person in the terms or conditions of that
access, membership, or participation.
History: 1976, Act 220, Eff. Mar. 31, 1977;—Am. 1992, Act 123, Imd. Eff. June 29, 1992;—Am. 1998, Act 20, Imd. Eff. Mar. 12, 1998.
37.1503 Certain rentals excepted from § 37.1502.
Sec. 503.
Section 502 shall not apply to the rental of a housing accommodation in a building which
contains housing accommodations for not more than 2 families living independently of each other, if the
owner or a member of the owner's immediate family resides in 1 of the housing accommodations, or to
the rental of a room or rooms in a single housing dwelling by a person if the lessor or a member of the
lessor's immediate family resides therein.
History: 1976, Act 220, Eff. Mar. 31, 1977.
37.1504 Financial assistance or financing; prohibited conduct.
Sec. 504.
A person shall not discriminate on the basis of disability in making or purchasing loans for
acquiring, constructing, improving, repairing, or maintaining real property, or in providing other financial
assistance secured by or otherwise related to real property.
History: 1976, Act 220, Eff. Mar. 31, 1977;—Am. 1992, Act 123, Imd. Eff. June 29, 1992;—Am. 1998, Act 20, Imd. Eff. Mar. 12, 1998.
37.1505 Information as to applicant's credit worthiness.
Sec. 505.
Nothing in this article shall be considered to prohibit an owner, lender, or his or her agent
from requiring that an applicant who seeks to buy, rent, lease, or obtain financial assistance for housing
accommodations supply information concerning the applicant's financial, business, or employment status
or other information designed solely to determine the applicant's credit worthiness, but not concerning
disabilities for reasons contrary to the provisions or purposes of this act.
History: 1976, Act 220, Eff. Mar. 31, 1977;—Am. 1998, Act 20, Imd. Eff. Mar. 12, 1998.
37.1506 Prohibited representations.
Sec. 506.
A person shall not represent, for the purpose of inducing a real estate transaction from
which he or she may benefit financially or otherwise, that a change has occurred or will or may occur in
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the composition with respect to persons with disabilities of the owners or occupants in the block,
neighborhood, or area in which the real property is located, or represent that this change will or may
result in the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the
quality of schools in the block, neighborhood, or area in which the real property is located.
History: 1976, Act 220, Eff. Mar. 31, 1977;—Am. 1998, Act 20, Imd. Eff. Mar. 12, 1998.
37.1506a Real estate transaction; prohibited conduct; “covered multifamily dwellings” defined.
Sec. ~506a.
(1)
A person shall not do any of the following in connection with a real estate
transaction:
(a)
Refuse to permit, at the expense of the person with a disability, reasonable modifications of
existing premises occupied or to be occupied by the person with a disability if those modifications may be
necessary to afford the person with a disability full enjoyment of the premises. In the case of a rental, the
landlord may, if reasonable, make permission for a modification contingent on the renter's agreement to
restore the interior of the premises to the condition that existed before the modification, reasonable wear
and tear excepted.
(
Refuse to make reasonable accommodations in rules, policies, practices, or services, when the
accommodations may be necessary to afford the person with a disability equal opportunity to use and
enjoy residential real property.
©
In connection with the design and construction of covered multifamily dwellings for first occupancy
after March 13, 1991, fail to include all of the following features:
(i)
The dwellings have at least 1 building entrance on an accessible route, unless that is impractical
because of the terrain or unusual characteristics of the site.
(ii)
The public and common use portions of the dwellings are readily accessible to and usable by
persons with disabilities.
(iii)
All the doors designed to allow passage into and within all premises within the dwellings are
sufficiently wide to allow passage by persons with disabilities in wheelchairs.
(iv)
All premises within covered multifamily dwellings contain an accessible route into and through the
dwelling; light switches, electrical outlets, thermostats, and other environmental controls in accessible
locations; reinforcements in bathroom walls to allow later installation of grab bars; and kitchens and
bathrooms designed so that an individual in a wheelchair can maneuver about the space.
(2)
As used in this section, “covered multifamily dwellings” means buildings consisting of 4 or more
units if the buildings have 1 or more elevators, and ground floor units in other buildings consisting of 4 or
more units.
History: Add. 1992, Act 123, Imd. Eff. June 29, 1992;—Am. 1998, Act 20, Imd. Eff. Mar. 12, 1998.
37.1507 Person subject to article; plan.
Sec. 507.
A person subject to this article may adopt and carry out a plan to eliminate present effects
of past discriminatory practices or assure equal opportunity with respect to individuals who have
disabilities, if the plan is filed with the commission under rules of the commission and the commission has
not disapproved the plan.
History: 1976, Act 220, Eff. Mar. 31, 1977;—Am. 1998, Act 20, Imd. Eff. Mar. 12, 1998.
Administrative rules: R 37.27 et seq. of the Michigan Administrative Code.
The full text of that law can be found here:
http://www.legislatu...Act-220-of-1976
