Mich. Comp. Laws § § 37.1103
Definitions.
Operative Text
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. (b) "Commission" means the civil rights commission established by section 29 of article V of the state constitution of 1963. (c) "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. (B) 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. (C) 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.
MCL § 37.1103 establishes the foundational definitions that govern how key terms are interpreted throughout Michigan's Elliott-Larsen Civil Rights Act. Notably, it defines 'disability' broadly to include current conditions, histories of conditions, and being perceived as having a condition—while carving out exceptions for characteristics caused by current illegal drug use or alcohol use that impairs job performance. The definition of 'unrelated to the individual's ability' clarifies that a disability qualifies for protection when, with or without accommodation, it does not prevent the person from performing the relevant activity, such as renting or maintaining property under Article 5.
Plain English — not legal advice.
Under MCL § 37.1103, housing providers operating under Article 5 of the Elliott-Larsen Civil Rights Act should understand that 'disability' is defined expansively—covering not only current conditions but also past histories of conditions and situations where a person is merely perceived as having a disability. A compliant housing operator generally evaluates applicants and tenants based on their actual ability to acquire, rent, or maintain property, with or without reasonable accommodation, rather than on assumptions tied to a perceived or historical disability. Familiarity with these definitions helps operators apply consistent, non-discriminatory standards across tenant screening, lease renewals, and property maintenance interactions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
MCL § 37.1103 defines 'disability' broadly for housing purposes under Article 5, meaning protections can extend to individuals with a current qualifying condition, a history of such a condition, or even those who are simply regarded as having one. If a landlord denies housing or treats a tenant differently based on a physical or mental characteristic that does not affect the tenant's ability to rent or maintain property, that treatment may fall within the scope of Michigan's civil rights protections. Tenants who believe they have experienced such discrimination may consider filing a complaint with the Michigan Civil Rights Commission or reaching out to a tenant-rights organization for general information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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