Detroit — Ch. 22 Art. VIII Fair Chance Access to Rental Housing § 22-8-3

For the purposes of this article, the following words and phrases shall have the meaning respectively ascribed to them by this section:
Administering agency means the Department of Civil Rights, Inclusion and Opportunity.
Adverse action means to evict an individual, fail or refuse to rent or lease real property to an individual, fail or refuse to continue to rent or lease real property to an individual, fail or refuse to add a household member to an existing lease, or to reduce any tenant subsidy. The adverse action must relate to real property located in the City of Detroit.
Applicant means an individual applying to rent or lease eligible housing. It also includes an individual applying to be added to an existing lease for eligible housing.
Arrest means a record from any jurisdiction that does not result in a conviction and includes information indicating that a person has been questioned, apprehended, taken into custody or detained, or held for investigation by a law enforcement, police or a prosecutorial agency, or charged with, indicted, or tried and acquitted for any felony, misdemeanor, or other criminal offense. Arrest is a term that is separate and distinct from, and that does not include, unresolved arrest as defined in this section.
Background check report means any criminal history report accessible through the Michigan State Police Internet Criminal History Access Tool (I-CHAT), courts, or by any consumer reporting, or tenant screening, agency or business.
Conviction means a record from any jurisdiction, which includes information indicating that a person has been convicted of a felony or misdemeanor, provided, that the conviction is one for which the person has been placed on probation, fined, imprisoned or paroled. Those matters identified in Section 22-8-5 of this Code, which a housing provider may not make an inquiry and which they may not base an adverse action, are not considered convictions for purposes of this article.
Conviction history means information regarding one or more convictions or unresolved arrests, transmitted orally or in writing or by any other means, and obtained from any source, including, but not limited to, the individual to whom the information pertains or a background check report.
Directly-related conviction means that the conduct for which the person was convicted or that is the subject of an unresolved arrest that has a direct and specific negative bearing on the health, safety, or right to peaceful enjoyment of the premises by persons and includes one or more of the offenses listed in Section 22-8-6 (b) of this Code. In determining whether the conviction or unresolved arrest is directly related to the housing, the housing provider shall consider whether the housing offers the opportunity for the same or similar offense to occur, whether circumstances leading to the conduct for which the person was convicted will recur in the housing, and whether supportive services that might reduce the likelihood of a recurrence of such conduct are available on-site. Those matters identified in Section 22-8-5 (2) of this Code, which a housing provider may not make an inquiry and which they may not base an adverse action, may not qualify as a directly-related convictions.
Dwelling or dwelling unit means a single unit providing complete, independent living facilities occupied, or intended to be occupied, in whole or in part by one or more persons, including permanent space and provisions for living, cooking, eating, sanitation, and sleeping.
Eligible housing means any rental property in the City of Detroit available for rent or lease where a single structure contains more than four dwelling units or more than four rental properties are owned by the same person.
Enforcing agency means the Police Department.
Evidence of rehabilitation or other mitigating factors means, but shall not be limited to, a person's satisfactory compliance with all terms and conditions of parole or probation, except inability to pay fines, fees, and restitution due to indigence shall not be considered noncompliance with terms and conditions of parole or probation or both; employer recommendations, especially concerning a person's post-conviction employment; educational attainment or vocational or professional training since the conviction, including training received while incarcerated; completion or active participation in rehabilitative treatment, for example, alcohol or drug treatment; letters of recommendation from community organizations, counselors or case managers, teachers, community leaders or probation or parole officers who have observed the applicant since his or her conviction(s); and the age of the person at the time of the conviction. Successful completion of parole, probation, mandatory supervision, or post-release community supervision shall create a presumption of rehabilitation. Examples of mitigating factors that are offered voluntarily by the person may include, but are not limited to, explanation of the precedent coercive conditions, intimate physical or emotional abuse, or untreated substance abuse or mental illness that contributed to the conviction.
Housing provider means any entity that owns, master leases, manages, or rents eligible housing in the City of Detroit. Any agent, such as a property management company, which makes tenancy decisions on behalf of the aforementioned entities, shall also be considered a housing provider.
Inquire means any direct or indirect conduct intended to gather information from or about an applicant, or a potential applicant or candidate, using any mode of communication, including, but not limited to, application forms, interviews, and background check reports.
Person means any individual, partnership, firm, company, corporation, association, sole proprietorship, limited-liability company, joint venture, estate, trust, or any other legal entity.
Rental property means a non-owner occupied dwelling unit or units that: (1)
Is or are let, or occupied, by persons, including a family member of the owner, pursuant to an oral or written rental contract, or lease, or other oral or written agreement or understanding for occupation, with or without, monetary compensation; or
(2) Will be offered for occupancy under an oral or written rental contract or lease, or other oral or written agreement or understanding for occupation, with or without, monetary compensation to any person; or
(3) Is or are contained within a building with two or more dwelling units that are not occupied by the owner; or
(4) Has or have been advertised to the public or previously registered with the City as rental property.
Unresolved arrest means an arrest that is undergoing an active pending criminal investigation or trial that has not yet been resolved. An arrest has been resolved if the arrestee was released and no accusatory pleading was filed charging him or her with an offense, or if the charges have been dismissed or discharged by the prosecuting attorney or the court.