Who Is Considered a Person with a Disability in Michigan

Various fair housing laws use the terms “handicap” and “disability” interchangeably. Disability is the preferred term when referring to this group.

Federal law defines a person with a disability as:

• A person who has a physical or mental impairment that substantially limits one or more major life activities (“major life activity” means those activities that are of central importance to daily life, such as seeing, hearing, walking, breathing, performing manual tasks, caring for one’s self, learning, and speaking)

• Someone who is regarded as having such an impairment

• Individuals with a record of such an impairment.

Michigan state law has a broader definition of disability than federal laws. The Michigan Persons with Disability Civil Rights Act defines disability (with respect to real estate) as “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 . . . 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.” M.C.L.A. 37.1103(d)(1)(D).

Michigan’s definition includes people with temporary disabilities. Thus, a person with a leg injury who requires several weeks of recovery would be considered disabled under state law and should be given temporary accommodations as needed.

Michigan’s definition of disability excludes disabilities caused by “current illegal use of a controlled substance by that individual” and those caused by the “use of an alcoholic liquor by that individual.” M.C.L.A. 37.1103(f). Thus, persons who render themselves “disabled” through the use of illegal drugs are not protected under Michigan law. Caution needs to be exercised, though, since Michigan law does protect recovering drug addicts and recovering alcoholics.

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