Fair Housing training warns zoning and local rules cannot be based on who might live there

Liz Keegan, program director at the Fair Housing Center of West Michigan, told a joint study session of the Traverse City City Commission and Planning Commission that fair housing law applies to land use and zoning and urged local officials to build anti‑discrimination checks into early planning. “We ask ourselves: who is protected?” Keegan said, explaining how protected classes and specific housing transactions determine whether a matter raises fair housing issues. Keegan said federal and state laws protect groups including race, color, religion, national origin, disability, familial status and — in Michigan and locally — sexual orientation and gender identity, and that the list of protected classes has expanded in recent years. She also said a new April 2025 Michigan law provides limited source‑of‑income protection for rental housing landlords owning five or more units.

Keegan said the Fair Housing Act’s broad definition of “dwelling” can include vacant land intended for residential use, and that decisions about where to locate housing should not be made on the basis of who will live there. “Any decision related to developing or using that land should comply with fair housing laws… it shouldn't be a decision based on who the prospective residents or tenants might be,” she said. She gave examples — from moratoria on certain house types to requirements for front porches — where otherwise neutral rules could exclude people with disabilities, families with children, or other protected groups and recommended early consultation with fair‑housing counsel. Keegan urged municipalities to update definitions (for example, the legal definition of “family”) and to apply code enforcement consistently.

During a question-and-answer period, Keegan described enforcement tools the Fair Housing Center uses and obstacles investigators face when transactions occur quickly. She said the Center runs “testing” (secret‑shopper) investigations for alleged discrimination in sales or rentals and partners with the Michigan Department of Civil Rights and U.S. Department of Housing and Urban Development when needed. Keegan also noted the Center focuses on education and prevention; she said the Center and Michigan State Housing agencies plan training for landlords and housing providers about the new source‑of‑income protection and urged municipalities to consider that when writing ordinances and permitting processes. “We’re hoping to provide guidance as early as possible so we can remove the risk of a fair housing violation,” she said.

The session included questions from commissioners about how intent is proved in discrimination cases and how occupancy and “unrelated persons” rules can have a disparate impact. Keegan recommended early review of occupancy and family definitions and said she would provide follow‑up resources and training upon request. There was no formal action taken; commissioners and staff asked for follow‑up materials and direction on integrating fair‑housing review into zoning and code updates.

Keegan and staff emphasized that fair housing complaints and enforcement are fact‑specific and that municipalities should seek guidance early in project planning to reduce legal risk and to ensure inclusive outcomes.