§ 27-1-2. Definitions.

The following words and phrases, when used in Articles I, II, III, IV, V, and VI of this Chapter, shall have the meanings respectively ascribed to them by this section:

Affirmative action means all of the various methods and procedures by which equal opportunity to the civil rights herein protected may be legally effectuated.

Age means chronological age except as otherwise provided by law.

Bona fide means made in good faith without fraud or deceit.

City means the City of Detroit.

Cohabitants means any and all of the individuals who reside in and as part of the same household as that person.

Commercial space means any space in a building, structure, or portions thereof which is used or occupied or is intended, arranged, or designed to be used or occupied for the manufacture, sale, resale, processing, reprocessing, displaying, storing, handling, garaging or distribution of personal property, and any space which is used or occupied, or is intended, arranged or designed to be used or occupied as a separate business or professional unit or office in any building, structure or portion thereof.

Commission, unless a different meaning clearly appears from the context, means the city human rights commission.

Department means the human rights department unless a different meaning clearly appears from the context.

Disability means a determinable physical or mental characteristic of an individual or the history of the characteristic which may result from disease, injury, congenital condition of birth, a functionary disorder which charactertistic is unrelated to the individual's ability to exercise the civil rights protected by this chapter.

Discriminate against means treating differently. Discrimination based on sex means:

(1)

To discriminate against a person based on that person's sex; and/or

(2)

To discriminate or to express or imply threats of discrimination against a person because that person has not approved of, acquiesced in or reciprocated a physical or verbal sexual advance, a request or demand for sexual interaction or behavior from which the person may reasonably infer that sexual interaction is or will be expected; and/or

(3)

To discriminate or to promise of discrimination in favor of a person because that person has approved of, acquiesced in or reciprocated a physical or verbal sexual advance, a request or demand for sexual interaction or behavior from which the person may reasonably infer that sexual interaction is or will be expected.

Educational institution means a public or private institution, academy, college, elementary or secondary school, extension course, kindergarten, nursery, school system, or university, and a business, nursing, professional, secretarial, technical or vocation school, and includes the agent of an educational institution, unless clearly stated otherwise within this chapter.

Employee does not mean any individual employed by his parents, spouse or child.

Employer means a person who has one (1) or more employees, or a person who is a contractor or subcontractor with the city, and includes the agent of such person.

Employment agency means any person undertaking to procure, recruit or refer employees for opportunities to work and includes an agent of such person.

Gender identity or expression means a gender-related identity, appearance, expression, or behavior of an individual, regardless of the designation of gender on one's birth certificate. ;p0; Housing accommodation means any real property, building, structure, or portion thereof which is used or occupied or is intended to be used or occupied as the home or residence of one or more individuals.

Labor organization means any organization or its agent which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment.

Medical care facility means any place where an individual can receive diagnosis or treatment pertaining to the physical or mental health of the individual.

Minorities means persons who are African-American, Aleuts, American Indians, Asian-American, or Hispanic.

Multiple apartment dwelling means any dwelling containing three (3) or more units which is occupied, as a rule, for permanent residence purposes and which is either rented, leased, let or hired out, to be occupied as the residence or home of individuals. National origin means the national origin of an ancestor, or ancestors.

Persons means one (1) or more individuals, partnerships, associations, departments, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, labor unions, political subdivisions, educational institutions, or any other legal or commercial entity.

Place of public accommodation, resort or amusement means a business, educational institution, refreshment, entertainment, recreation, transportation or health facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public, or which receives financial support through solicitation of the general public or through governmental subsidy of any kind.

Public benefit status means the status of being a recipient of governmental benefits, including social security, unemployment compensation, public assistance, general assistance, food stamps, medicaid, medicare, veteran's benefits or other governmental subsidy or grant. A prohibition against discrimination on the basis of public benefit status shall not be construed to restrict or in any way affect actions based on amount of income, negative credit history; or in the case of sales of real property, the amount of liabilities of a person.

Public service means a public facility, department, agency, board or commission, owned, operated or managed by or on behalf of the city or a tax exempt private agency established to provide service to the public.

Real estate broker or real estate salesperson means a person, whether licensed or not, who for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property; or who negotiates or attempts to negotiate any of these activities; or who negotiates or attempts to negotiate a loan secured or to be secured by mortgage or other encumbrance upon real property; or who is engaged in the business of listing real property in a publication, or a person employed by or acting on behalf of any of these persons.

Real estate transaction means the sale, exchange, mortgage, rental or lease of real property, or an interest therein. Real property means any building, structure, mobile home, real estate, land, tenement, leasehold or any interest in a real estate cooperative or condominium.

Religion means all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.

Sexual orientation means a person's actual or perceived status as heterosexual, homosexual, or bisexual.

Solicitation means the requesting, inviting, or inducing, with the effect of committing an unlawful real estate practice as defined in section 27-4-1, by any means, including, but not limited to:

(1)

Going in or upon the property of the individual to be solicited, except when invited by such individual;

(2)

Communicating with the individual to be solicited by mail, telephone, telegraph or messenger service, except when requested by such individual;

(3)

Canvassing in streets or other public places;

(4)

Distributing handbills, circulars, cards or other advertising matter;

(5)

Using loudspeakers, sound trucks, or other voice-amplifying equipment;

(6)

Displaying signs, posters, or other advertising devices upon a real estate office except for the purposes and effect of identifying the occupants and services provided therein, but not mean advertising in newspapers of general circulation, magazines, billboards, radio, television, or telephone directories.

(Ord. No. 303-H, § 1(2-7-2), 1-24-79; Ord. No. 330-H, § 1, 6-27-79; Ord. No. 09-08, § 1, 4-9-08)

State law reference

Similar definitions, MCL 37.2103, 37.2201, 37.2301, 37.2401, 37.2501; MSA 3.548(103), 3.548(201), 3.548(301), 3.548(401), 3.548(501).

Cross reference

Definitions and rules of construction generally, § 1-1-2.