Fair Housing Act Complaint - Michigan

MICHIGAN FAIR HOUSING COMPLAINT — ELLIOTT-LARSEN CIVIL RIGHTS ACT AND FEDERAL FAIR HOUSING ACT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties
4. Jurisdiction and Venue
5. Factual Allegations
6. Count I — Elliott-Larsen Civil Rights Act (Housing)
7. Count II — Federal Fair Housing Act (42 U.S.C. § 3604 / § 3617)
8. Count III — Reasonable Accommodation / Modification (Disability)
9. Damages
10. Prayer for Relief
11. Demand for Jury Trial
12. Verification
13. Signature and Service Blocks
14. Certificate of Service
15. Michigan Practice Notes
16. Sources and References

1. CAPTION

STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF [____]

Case No. [____]

Hon. [____]

COMPLAINT FOR DAMAGES, DECLARATORY, AND INJUNCTIVE RELIEF

1. Discrimination in Real Estate Transactions in Violation of the Elliott-Larsen Civil Rights Act (MCL § 37.2502, § 37.2505);
2. Discrimination in Violation of the Federal Fair Housing Act (42 U.S.C. § 3604, § 3617); and
3. Failure to Make Reasonable Accommodation / Modification (MCL § 37.1506a; 42 U.S.C. § 3604(f)).

THERE IS NO OTHER PENDING OR RESOLVED CIVIL ACTION ARISING OUT OF THE TRANSACTION OR OCCURRENCE ALLEGED IN THE COMPLAINT.

DEMAND FOR JURY TRIAL

Plaintiff, by and through undersigned counsel, alleges as follows:

2. INTRODUCTION

2.1. This is a civil action for housing discrimination arising from Defendants' unlawful conduct in connection with a real estate transaction on the basis of Plaintiff's [PROTECTED CHARACTERISTIC], in violation of Michigan's Elliott-Larsen Civil Rights Act ("ELCRA"), MCL § 37.2501 et seq., and the federal Fair Housing Act ("FHA"), 42 U.S.C. § 3601 et seq.

2.2. Michigan recognizes the opportunity to obtain housing and other real estate, free from discrimination, as a civil right. MCL § 37.2102.

2.3. Plaintiff seeks actual and compensatory damages, damages for emotional distress, exemplary/punitive damages, declaratory and injunctive relief, civil penalties, and reasonable attorney's fees and costs.

3. PARTIES

3.1. Plaintiff. Plaintiff [NAME] ("Plaintiff") is an adult individual residing in [CITY, COUNTY], Michigan. Plaintiff is a member of one or more classes protected under ELCRA and the FHA, namely [PROTECTED CLASS(ES)].

3.2. Defendant Owner / Landlord. Defendant [NAME] ("Defendant [SHORT NAME]") is, and at all relevant times was, the [owner / lessor / managing agent] of the housing accommodation located at [PROPERTY ADDRESS], within the meaning of MCL § 37.2501.

3.3. Individual Defendant. Defendant [NAME] is, and at all relevant times was, a [manager / leasing agent / member / officer] of Defendant [ENTITY], acting within the course and scope of that agency, and is sued individually as a "person" under MCL § 37.2103(g).

3.4. [Real estate broker / lender Defendant, if applicable]. Defendant [NAME] is a real estate broker or salesperson and/or a person engaged in residential real estate-related transactions within the meaning of MCL § 37.2501(d) and § 37.2503.

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction under MCL § 600.605 and MCL § 37.2801, which authorizes a civil action in the circuit court for appropriate injunctive relief or damages, or both.

4.2. This Court has supplemental authority to adjudicate the parallel federal Fair Housing Act claims, which state courts may hear concurrently with federal district courts. 42 U.S.C. § 3613(a).

4.3. Venue is proper in [____] County under MCL § 37.2801(2) because the alleged violation occurred in this County and/or Defendant resides or has its principal place of business in this County.

4.4. No administrative exhaustion required. A civil action under ELCRA may be filed directly in circuit court; exhaustion of the administrative process before the Michigan Civil Rights Commission and Department of Civil Rights (MCL § 37.2602) is not a prerequisite to suit. Plaintiff [has / has not] filed an administrative complaint with the Department of Civil Rights, Charge No. [____], dated [__/__/____].

5. FACTUAL ALLEGATIONS

5.1. On or about [__/__/____], Plaintiff [applied to rent / sought to purchase / resided in / sought financing for] the housing accommodation located at [PROPERTY ADDRESS] ("the Property").

5.2. Plaintiff is a member of the following protected class(es): [IDENTIFY — e.g., race, color, religion, national origin, age, sex, sexual orientation, gender identity or expression, familial status, marital status, disability].

5.3. Plaintiff was qualified for and met the legitimate, nondiscriminatory requirements for the [tenancy / purchase / loan], including [income, credit, references].

5.4. Discriminatory practice(s) alleged. Defendants engaged in one or more of the following unlawful practices:

☐ Refusal to rent, sell, lease, or negotiate (MCL § 37.2502(1)(a); 42 U.S.C. § 3604(a))
☐ Discriminatory terms, conditions, or privileges (MCL § 37.2502(1)(b); 42 U.S.C. § 3604(b))
☐ Discriminatory advertising, statements, or inquiries (MCL § 37.2505; 42 U.S.C. § 3604(c))
☐ Misrepresentation that housing is unavailable (MCL § 37.2502(1)(c); 42 U.S.C. § 3604(d))
☐ Steering to or away from a neighborhood or unit
☐ Blockbusting (MCL § 37.2506; 42 U.S.C. § 3604(e))
☐ Discrimination in financing / lending (MCL § 37.2503; 42 U.S.C. § 3605)
☐ Refusal to make reasonable accommodation or permit reasonable modification (MCL § 37.1506a; 42 U.S.C. § 3604(f)(3))
☐ Harassment / hostile housing environment
☐ Retaliation, coercion, or interference (MCL § 37.2701; 42 U.S.C. § 3617)
☐ Other state-protected-class discrimination (e.g., marital status, age, sexual orientation, gender identity or expression): [DESCRIBE]

5.5. Specifically, Defendants [DESCRIBE THE DISCRIMINATORY CONDUCT IN DETAIL — what was said and done, by whom, on what date(s), and any witnesses].

5.6. Persons outside Plaintiff's protected class(es) who were similarly situated were treated more favorably, including [COMPARATOR EVIDENCE / TESTER EVIDENCE].

5.7. Defendants' stated reasons for the adverse housing decision are pretextual; the true motivating factor was Plaintiff's protected characteristic(s).

5.8. As a direct and proximate result of Defendants' conduct, Plaintiff suffered the harms described in Section 9.

6. COUNT I — ELLIOTT-LARSEN CIVIL RIGHTS ACT (HOUSING)

6.1. Plaintiff incorporates the preceding paragraphs by reference.

6.2. ELCRA, MCL § 37.2502, makes it unlawful for a person to refuse to engage in, or to discriminate in the terms of, a real estate transaction because of religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, familial status, or marital status.

6.3. Defendants engaged in a "real estate transaction" within the meaning of MCL § 37.2501(b) involving a "housing accommodation" within the meaning of MCL § 37.2501(c).

6.4. Defendants discriminated against Plaintiff because of Plaintiff's [PROTECTED CHARACTERISTIC] by [the practice(s) identified in ¶ 5.4], in violation of MCL § 37.2502, § 37.2503, § 37.2505, and/or § 37.2506.

6.5. Defendants further violated MCL § 37.2701 by retaliating against, coercing, intimidating, or interfering with Plaintiff in the exercise of rights protected by the Act.

6.6. As a direct and proximate result, Plaintiff is entitled to damages, injunctive relief, and attorney's fees under MCL § 37.2801 and § 37.2802.

7. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. § 3604 / § 3617)

7.1. Plaintiff incorporates the preceding paragraphs by reference.

7.2. The federal Fair Housing Act prohibits discrimination in the sale or rental of a dwelling, or in the terms, conditions, or privileges thereof, because of race, color, religion, sex, familial status, national origin, or disability. 42 U.S.C. § 3604.

7.3. Defendants discriminated against Plaintiff on the basis of [PROTECTED CLASS] through the conduct described above, in violation of 42 U.S.C. § 3604(a)–(f) and/or § 3605.

7.4. Defendants further coerced, intimidated, threatened, interfered with, or retaliated against Plaintiff in the exercise of rights protected by the FHA, in violation of 42 U.S.C. § 3617.

7.5. Plaintiff may bring this private civil action in state court within two (2) years of the discriminatory housing practice. 42 U.S.C. § 3613(a). No administrative complaint with HUD is required as a prerequisite to suit.

7.6. Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorney's fees and costs under 42 U.S.C. § 3613(c).

8. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

8.1. Plaintiff incorporates the preceding paragraphs by reference.

8.2. Plaintiff has a disability within the meaning of MCL § 37.1103 (Persons with Disabilities Civil Rights Act) and 42 U.S.C. § 3602(h), namely [DESCRIBE IMPAIRMENT AND FUNCTIONAL LIMITATIONS].

8.3. On or about [__/__/____], Plaintiff requested the following reasonable [accommodation in rules, policies, practices, or services / modification of the premises]: [DESCRIBE].

8.4. The requested accommodation or modification was necessary to afford Plaintiff an equal opportunity to use and enjoy the dwelling.

8.5. Defendants [refused / failed to respond to / imposed unreasonable conditions on] the request, in violation of MCL § 37.1506a and 42 U.S.C. § 3604(f)(3)(A)–(B).

8.6. As a direct and proximate result, Plaintiff suffered the harms described below.

9. DAMAGES

9.1. Actual / economic damages: out-of-pocket losses, increased housing costs, moving and storage expenses, lost housing opportunity, and consequential pecuniary losses, in amounts to be proven at trial.

9.2. Emotional distress damages: humiliation, embarrassment, anxiety, mental anguish, and loss of dignity.

9.3. Exemplary / punitive damages: Defendants' conduct was willful, malicious, or in reckless disregard of Plaintiff's rights, warranting exemplary damages under Michigan law and punitive damages under 42 U.S.C. § 3613(c)(1).

9.4. Civil penalties: In an administrative proceeding before the Michigan Civil Rights Commission, or where the Attorney General brings an enforcement action, civil penalties may be assessed; HUD administrative penalties under the FHA escalate for repeat violations.

9.5. Attorney's fees and costs: recoverable under MCL § 37.2802 and 42 U.S.C. § 3613(c)(2).

9.6. Pre- and post-judgment interest as allowed by law.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against Defendants, jointly and severally, and award:

• A. Actual and compensatory damages according to proof;
• B. Damages for emotional distress, humiliation, and mental anguish;
• C. Exemplary and/or punitive damages;
• D. A declaratory judgment that Defendants' conduct violated ELCRA and the federal Fair Housing Act;
• E. Permanent injunctive relief enjoining further discrimination and requiring affirmative steps (rental/sale of the Property, the requested accommodation or modification, fair-housing training, and policy reform);
• F. Civil penalties as authorized by law;
• G. Reasonable attorney's fees and costs under MCL § 37.2802 and 42 U.S.C. § 3613(c)(2);
• H. Pre- and post-judgment interest; and
• I. Such other and further relief as the Court deems just.

11. DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right.

12. VERIFICATION

I, [PLAINTIFF NAME], declare that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the matters stated therein are true to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY], Michigan.

[____]

[PLAINTIFF NAME]

13. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [____]

[ATTORNEY NAME] (P[#####])

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, MI ZIP]

Telephone: [____]

Email: [____]

14. CERTIFICATE OF SERVICE

I certify that on [__/__/____] I served a copy of the foregoing COMPLAINT on all parties or their counsel of record by [method — personal service / first-class mail / MiFILE electronic service per MCR 1.109 and MCR 2.107] at the addresses below:

[SERVICE LIST]

[____]

[NAME / TITLE]

15. MICHIGAN PRACTICE NOTES

• Governing statute. ELCRA, Article 5 (MCL § 37.2501 et seq.), governs housing/real estate discrimination in Michigan. The Persons with Disabilities Civil Rights Act (PWDCRA), MCL § 37.1101 et seq., supplies parallel disability protections, including the housing accommodation/modification duty in MCL § 37.1506a.
• Protected classes (housing). Religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression (added by 2023 PA 6, codifying Rouch World, LLC v. Department of Civil Rights, 510 Mich. 398 (2022)), familial status, and marital status. Michigan's inclusion of age and marital status exceeds the federal FHA. Verify the current list and the April 2, 2025 housing-definition amendments (2024 PA 200) before filing.
• Enforcing agency (optional administrative route). The Michigan Civil Rights Commission and the Michigan Department of Civil Rights (MDCR) accept administrative complaints under MCL § 37.2602, generally within 180 days of the discriminatory act. The Commission investigates, may conciliate, and may hold a hearing.
• Court suit — no exhaustion required. A claimant may proceed directly to circuit court under MCL § 37.2801 without first filing or completing an MDCR complaint. ELCRA's limitations period is generally three (3) years (MCL § 600.5805); courts scrutinize contractual shortenings (Rayford v. American House Roseville I, LLC (Mich. 2025)).
• Federal limitations. A HUD administrative complaint must be filed within one (1) year; a private FHA suit must be filed within two (2) years of the practice (42 U.S.C. § 3610(a)(1)(A)(i), § 3613(a)). The federal limitations period is tolled while a HUD complaint is pending.
• Remedies. ELCRA allows actual damages (including emotional distress), exemplary damages, injunctive relief, and attorney's fees (MCL § 37.2801, § 37.2802). The FHA allows actual and punitive damages with no statutory cap, plus fees and costs (42 U.S.C. § 3613(c)); HUD ALJ civil penalties escalate for repeat offenders.
• Removal exposure. Pleading federal FHA counts creates federal-question jurisdiction and permits removal under 28 U.S.C. § 1441. Consider whether to plead ELCRA only to anchor the case in state court.
• Exemptions. The FHA exempts certain owner-occupied buildings of four or fewer units and single-family homes sold without a broker (42 U.S.C. § 3603(b)), but the discriminatory-advertising prohibition still applies. Confirm whether any exemption applies to the Defendant.

16. SOURCES AND REFERENCES

• Elliott-Larsen Civil Rights Act, MCL § 37.2101 et seq. — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Act-453-of-1976
• MCL § 37.2501 (housing definitions) — https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-37-2501
• MCL § 37.2801 (civil action; venue; damages) — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-37-2801
• 2023 PA 6 (adding sexual orientation and gender identity or expression) — Michigan Legislature
• Rouch World, LLC v. Department of Civil Rights, 510 Mich. 398 (2022)
• Michigan Department of Civil Rights — https://www.michigan.gov/mdcr
• Persons with Disabilities Civil Rights Act, MCL § 37.1101 et seq. — Michigan Legislature
• Fair Housing Act, 42 U.S.C. § 3601 et seq. — https://www.hud.gov/helping-americans/fair-housing-act-overview
• 42 U.S.C. § 3613 (private civil action; 2-year SOL) and § 3617 (interference)
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact)
• HUD/DOJ Joint Statements on Reasonable Accommodations (2004) and Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Michigan must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.