Michigan Rental Legal Update: Criminal Background Screening Rules Every Landlord Should Know

Tenant screening laws are evolving across Michigan. While criminal background checks are still permitted in much of the state, local ordinances and proposed legislation are changing how and when they can be used.

Landlords must ensure screening practices are location specific and legally compliant.

Ann Arbor Criminal History Restrictions

The City of Ann Arbor prohibits landlords from asking about or using an applicant’s criminal history in most rental decisions.

Applications cannot include criminal background questions, and denial based on conviction history is largely restricted unless required by federal or state law.

Landlords operating in Ann Arbor must carefully structure written screening criteria to remain compliant.

Detroit Fair Chance Screening Requirements

Detroit follows a Fair Chance housing framework.

Landlords must first evaluate:

• Income
• Rental history
• Credit history

Criminal background screening can only occur after a conditional offer and must be reviewed individually. Blanket denials based solely on criminal history create significant legal exposure.

Proposed Statewide Fair Chance Legislation

Bills introduced in Lansing would apply similar conditional screening requirements across Michigan.

If passed, landlords would no longer be able to request criminal history during the initial application stage and would need written, consistent review standards applied after conditional approval.

These bills are not law yet, but they signal tightening compliance expectations.

Why This Matters for Michigan Landlords

Screening policies that work in one city may violate rules in another.

Criminal background screening remains legal in many Michigan municipalities, but improper implementation can create fair housing exposure.

Rental property owners should ensure:

• Written screening criteria are current
• Policies are applied consistently
• Local ordinances are reviewed regularly

Professional property management helps reduce screening liability and ensure compliance with evolving local and state requirements.