Rent Control: Dearborn vs Detroit

Can Dearborn cap rent increases?

No. Michigan state law preempts local rent control, so Dearborn cannot impose caps.

How much notice must a landlord give for a rent increase?

For a month-to-month tenancy, 30 days written notice under MCL 554.134 is required.

Is there rent control in Detroit?

No. Detroit has no rent-control or rent-stabilization ordinance, and Michigan Public Act 226 of 1988 (MCL 123.411) preempts local governments from enacting one. The statute prohibits a local governmental unit from enacting, maintaining, or enforcing any ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential property, with limited carve-outs for property the local government has an interest in and for voluntary incentive programs.

Could Detroit City Council pass a rent cap if it wanted to?

No, not directly. MCL 123.411 preempts the field statewide. Any general-applicability ordinance from Detroit City Council that caps or limits rent increases on private residential property would be void under Michigan law. Council can, however, use voluntary incentive programs - PILOT agreements, density bonuses, Housing and Revitalization Department covenants - to obtain rent limitations on specific subsidized units in exchange for the incentive.

What protections does a Detroit tenant have if a landlord raises rent dramatically?

Inside the City of Detroit, rent is set by private contract. A fixed-term lease controls the rent for its term, and on expiration the landlord may propose any new rent subject to the notice requirements of MCL 554.134 for at-will or month-to-month tenancies. State and federal anti-discrimination law (Fair Housing Act, Elliott-Larsen Civil Rights Act, and Detroit's source-of-income provisions in the City Code) prohibit discriminatory rent-setting, but generally applicable rent caps are preempted by MCL 123.411. Tenants facing eviction at the end of the lease term may qualify for Detroit's Right to Counsel program if at or below 200% of the federal poverty level.