Ann Arbor — Ch. 122 Fair Chance Access to Housing § 9:605

(1) It shall not be a violation of this chapter for a housing provider to comply with federal or state laws that require the housing provider to exclude tenants based on certain types of criminal history. If such a legal requirement applies, the housing provider shall not inquire about, require disclosure of, or, if such information is received, review an applicant's criminal history until the housing provider first does all of the following:
(a) Determines that the applicant is qualified to rent the housing under all of the housing provider's criteria for assessing applicants aside from any federal or state mandated criminal history criteria;
(b) Gives to the applicant a conditional offer of a rental agreement that commits to providing the housing to the applicant as long as the applicant meets federal and state mandated criminal history criteria;
(c) Provides written advance notice to the applicant stating that the housing provider will review the applicant's criminal history for the sole purpose of complying with any applicable federal and state laws, and describing the specific legal requirements and reasons the applicant may be disqualified; and
(d) Requests written consent from the applicant, or if the applicant objects, provides the applicant the opportunity to withdraw the rental application.
(2) The denial of housing by a housing provider because of a past criminal conviction may be based only on state and federal requirements.
(3) If any adverse action by a housing provider is based in whole or in part on the applicant's criminal history in compliance with federal or state law as described in this section, the housing provider shall provide a written notice to the applicant regarding the adverse action that includes, at a minimum, all of the following:
(a) The reason(s) for the adverse action;
(b) A copy of any criminal history, background check report, or other information related to the applicant's criminal history that served as a basis for the adverse action;
(c) An opportunity to respond with rebutting or mitigating information prior to the denial of applicant's housing application; and
(d) Instructions regarding how to file a complaint about the adverse action with the city.
(4) Nothing in this chapter shall be construed to apply to a Public Housing Agency as defined by 24 CFR § 982.4, including the Ann Arbor Housing Commission and its affiliated entities.
(5) Nothing in this chapter shall be construed to apply to permanent supportive housing providers.
(a) Permanent supportive housing providers adhere to Housing First policies by housing those who need it most, with no pre-conditions, offer a broad array of supports to help individuals stay housed, and practice harm reduction to engage and support people on their path to recovery.
(b) To qualify as exempt as a permanent supportive housing provider under this subsection, the person must be a homeless service provider agency as recognized by the Washtenaw County Continuum of Care Board.