FAQ
If you are a homeowner in East Lansing, the following FAQ will help you understand how the rental restriction overlay ordinances work. Visit the City's updated FAQ page for even more information.
What is a rental restriction overlay ordinance?
According to the City of East Lansing’s website, a rental restriction overlay ordinance “is a tool available to residents to restrict rental licenses in a particular neighborhood.”
East Lansing has three types of overlays, and each restricts the issuance of rental licenses in different ways.
Do you live in an overlay? Check out the City’s overlay map to find out!
What is a “family” under the code? What is a “domestic unit”?
Both family and domestic unit are defined in Chapter 50, Article I, Section 50-6. The definitions are broad and include a wide variety of relationships:
(1) Family means one person or two related persons or two unrelated persons residing in a dwelling unit, or where there are more than two persons residing in a dwelling unit, persons classified constituting a family shall be limited to husband, wife, son, daughter, father, mother, brother, sister, grandfather, grandmother, grandson, granddaughter, aunt, uncle, stepchildren, and legally adopted children, or any combination of the above persons living together in a single dwelling unit.
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(3) Domestic unit: As herein defined, a domestic unit shall be given the same rights and privileges and shall have the same duties and responsibilities as a family, as defined herein for purposes of construing and interpreting this chapter. Domestic unit shall mean a collective number of individuals living together in one dwelling unit whose relationship is of a regular and permanent nature and having a distinct domestic character or a demonstrable and recognizable bond where each party is responsible for the basic material needs of the other and all are living and cooking as a single housekeeping unit.
If your living situation meets one of these definitions, you do not need a rental license to live with your family or domestic unit in your home—even if you live in a rental restriction overlay district.
Can I have guests stay with me in my house? Are there any limits?
If you live in a house that doesn’t require a rental license under the Code, then you can have guests stay with you. From Chapter 6, Article III, Section 6-175, Chapter 2:
Guest. Any person who occupies a room for living or sleeping purposes without consideration and for no longer than 30 consecutive days, no more than 60 days in a year; except that for dwellings not required to be licensed pursuant to chapter 10, “guest” means a person who occupies a room for living or sleeping purposes in a dwelling unit with the owner or owner’s family residing therein without consideration.
There is no time limit on how long your guests can stay with you.
For a concise explanation of this, see Councilmember Mark Meadows’s remarks at the June 4, 2024 City Council meeting. At the October 1, 2024 City Council meeting, the City Attorney confirmed that homeowners can have guests stay for unlimited periods.
In August 2024, the City Council introduced and referred a new housing ordinance to the Housing Commission. Under this new ordinance, this definition of “guest” is retained and clarified. For more, see our City's response page.
Can I age-in-place, with people coming into my home to help me?
Yes! There are many ways to do this.
First, if you live alone in your house and want to have one other person stay with you, you and that other person would be considered a “family” under the Code—a definition that includes “two unrelated persons residing in a dwelling unit.”
Second, if that other person joins you and and other family members in your home, then the entire group together would most likely meet the definition of a “domestic unit” under the Code.
Third, the Code has an express provision for a “medical caregiver,” i.e., someone who provides care that is medically prescribed. In August 2024, the City Council introduced and referred a new housing ordinance to the Housing Commission. Under this new ordinance, you can still have this caregiver, and the prescription requirement would be eliminated. For more, see our City’s response page.
Can I have a house-sitter in my home while I’m away?
Yes!
The Code has an express exemption for homeowners and active duty homeowners who use house sitters.
Homeowners may have “up to two unrelated individuals or a family” house sit. The house-sitting period is currently limited to “two years in any five-year period.”
Active military homeowners may also have “up to two unrelated individuals or a family” house sit, and under the current Code, can request a two-year extension, i.e., may request a house sitter for four years in a five-year period.
In August 2024, the City Council introduced and referred a new housing ordinance to the Housing Commission. Under this new ordinance, both types of homeowners could request “exceptional circumstances” waivers of this two-year time limit. For more, see our City’s response page.
What other kinds of no-license-required situations are in the current Code?
Child care providers: The current Code has an exemption for child care providers who provide a minimum number of care hours per year. The child care provider does not have to be a W2 employee.
In August 2024, the City Council introduced and referred a new housing ordinance to the Housing Commission. Under this new ordinance, the minimum number of care hours has been eliminated. For more, see our City’s response page.
Exchange students: The current Code has an exemption for exchange students “placed through a recognized education exchange student program.” This exemption is maintained in the new housing ordinance currently before the Housing Commission.
Domestic servants: The current Code has an exemption for “domestic servants,” i.e., those who work for the homeowner or family as a full-time, W2 employee. The new housing ordinance changes this title to “domestic assistants,” does not require full-time employment, but requires that the homeowner/employer comply with state and federal law in employing the domestic assistant.
Estate representatives, one- and two-family dwelling sales, and religious occupancy: The current Code has exemptions for people who fall within these categories, as does the new housing ordinance pending before the Housing Commission.
Where can I find the relevant codes and ordinances?
The Code is available online at this link. There are multiple “chapters” within the Code, and each chapter is subdivided into “articles” and “sections.” Some of the “sections” are further subdivided into “chapters” and “sections.” In other words:
Chapter → Article → Section → Chapter → Section
The definitions relevant to overlays, as referenced and quoted in this document, are from the following parts of the Code:
Chapter 6 – Buildings and Building Regulations
Article III – Property Maintenance Code
Section 6-175 – Amendments to International Property Code
Chapter 10 – Rental Housing Inspection and Licensing
Section 1001.0 – Rental Housing
Chapter 50 – Zoning
Article I – In General
Section 50-6 – Definitions, D through F
If you visit the Code online, you will have to scroll to get to the exact provision you want. But you can access Section 6-175 – Amendments to International Property Code at this link, and access Section 50-6 – Definitions, D through F at this link.
Currently, the Code is a little confusing, because it's spread out into different areas. The City is working to change this; for more, see our City’s response page.
Why doesn’t the City organize the Code and make it easier to understand?
Good question—and the City is already working on it!
At the August 13, 2024 City Council meeting, the Council voted to introduce and refer new Ordinance 1538 to the Housing Commission.
This new ordinance keeps the flexibility and progressive definitions from the existing Code, but adds some important updates—including an “exceptional circumstances” provision, for situations that fall outside of the Code. The new ordinance also organizes all the relevant provisions in one place, which makes it easier to read and understand.
For more see our City’s response page.