Bill Text: MI HB4063 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Housing; landlord and tenants; inspection and correction of violations under housing law; require to include lead-based paint inspection and abatement. Amends secs. 126, 129, 130 & 134 of 1917 PA 167 (MCL 125.526 et seq.).

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2015-01-28 - Printed Bill Filed 01/28/2015 [HB4063 Detail]

Download: Michigan-2015-HB4063-Introduced.html

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HOUSE BILL No. 4063

 

January 27, 2015, Introduced by Reps. Banks, Gay-Dagnogo, Byrd, Garrett, Dillon, Zemke, Durhal, Neeley, Sarah Roberts, Greig and Talabi and referred to the Committee on Judiciary.

 

     A bill to amend 1917 PA 167, entitled

 

"Housing law of Michigan,"

 

by amending sections 126, 129, 130, and 134 (MCL 125.526, 125.529,

 

125.530, and 125.534), section 126 as amended by 2008 PA 408 and

 

section 134 as amended by 2003 PA 80.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 126. (1) The enforcing agency shall inspect multiple

 

dwellings and rooming houses regulated by this act in accordance

 

with this act. Except as provided in subsection (2), the period

 

between inspections of a multiple dwelling or rooming house shall

 

not be longer than 4 years. All other dwellings regulated by this

 

act may be inspected at reasonable intervals. Inspections of

 

multiple dwellings or rooming houses conducted by the United States

 

department of housing and urban development under the real estate

 

assessment center inspection process or by other government

 

agencies may be accepted by a local governmental unit and an

 

enforcing agency as a substitute for inspections required by a

 

local enforcing agency. To the extent permitted under applicable

 

law, a local enforcing agency or its designee is authorized to

 

exercise inspection authority delegated by law or agreement from

 

other agencies or authorities that perform inspections required

 

under other state law or federal law.

 

     (2) A local governmental unit may provide by ordinance for a

 

maximum period between inspections of a multiple dwelling or

 

rooming house that is not longer than 6 years if the most recent

 

inspection of the premises found no violations of the this act and

 

the multiple dwelling or rooming house has not changed ownership

 

during the 6-year period.

 

     (3) An inspection shall be conducted in the manner best

 

calculated to secure compliance with the this act and appropriate

 

to the needs of the community, including, but not limited to, on 1

 

or more of the following bases:

 

     (a) An area basis, such that under which all the regulated

 

premises in a predetermined geographical area will be are inspected

 

simultaneously, or within a short period of time.

 

     (b) A complaint basis, such that under which premises that are

 

the subject of complaints of violations will be are inspected

 

within a reasonable time.

 

     (c) A recurrent violation basis, such that under which

 

premises that are found to have a high incidence of recurrent or

 

uncorrected violations will be are inspected more frequently.

 

     (d) A compliance basis, such that under which a premises

 

brought into compliance before the expiration of a certificate of

 

compliance or any requested repair order may be issued a

 

certificate of compliance for the maximum renewal certification

 

period authorized by the local governmental unit.

 

     (e) A percentage basis, such that under which a local

 

governmental unit may establish establishes a percentage of units

 

in a multiple dwelling to be inspected in order to issue a

 

certificate of compliance for the multiple dwelling.

 

     (4) An inspection shall be carried out by the enforcing

 

agency, or by the enforcing agency and representatives of other

 

agencies that form a team to undertake an inspection under this and

 

other applicable acts.

 

     (5) Except as provided in this subsection and subsection (7),

 

an inspector, or team of inspectors, shall request and receive

 

permission to enter before entering a leasehold regulated by this

 

act and shall enter at reasonable hours to undertake an inspection.

 

In the case of an emergency, as defined under rules promulgated by

 

the enforcing agency, or upon presentment of a warrant, the

 

inspector or team of inspectors may enter at any time.

 

     (6) Except in an emergency, before Before entering a leasehold

 

regulated by this act, the owner of the leasehold shall request and

 

obtain permission from the lessee to enter the leasehold. In the

 

case of However, in an emergency, including, but not limited to,

 

fire, flood, or other threat of serious injury or death, the owner

 

may enter at any time without obtaining permission from the lessee.

 

     (7) The enforcing agency may require the owner of a leasehold

 

to do 1 or more of the following:

 

     (a) Provide the enforcing agency access to the leasehold if

 

the lease provides the owner a right of entry.

 

     (b) Provide access to areas other than a leasehold or areas

 

open to public view, or both.

 

     (c) Notify a tenant of the enforcing agency's request to

 

inspect a leasehold, make a good faith effort to obtain permission

 

for an inspection, and arrange for the inspection. If a tenant

 

lessee vacates a leasehold after the enforcing agency has requested

 

to inspect that leasehold, an owner of the leasehold shall notify

 

the enforcing agency of that fact within 10 days after the

 

leasehold is vacated.

 

     (d) Provide access to the leasehold if a tenant lessee of that

 

leasehold has made a complaint to the enforcing agency.

 

     (8) A local governmental unit may adopt an ordinance to

 

implement subsection (7).

 

     (9) For multiple lessees in a leasehold, notifying at least 1

 

lessee and requesting and obtaining the permission of at least 1

 

lessee satisfies the notice and permission requirements of

 

subsections (5) and to (7).

 

     (10) Neither the The enforcing agency nor or the owner may

 

shall not discriminate against an occupant on the basis of whether

 

the occupant requests, permits, or refuses entry to the leasehold.

 

This subsection does not apply if the occupant refuses entry in the

 

case of an emergency or upon presentment of a warrant, as provided

 

in subsection (5) or (6).

 

     (11) The enforcing agency shall not discriminate against an

 

owner who has met the requirements of complied with the enforcing

 

agency's requirements under subsection (7) but has been unable to

 

obtain the permission of the occupant, based on the owner's

 

inability to obtain that permission.

 

     (12) The enforcing agency may establish and charge a

 

reasonable fee for inspections conducted under this act. The fee

 

shall not exceed the actual, reasonable cost of providing the

 

inspection for which the fee is charged, including, but not limited

 

to, the cost of an inspection as defined in section 5457 of the

 

public health code, 1978 PA 368, MCL 333.5457, if required under

 

section 129(4). An owner or property manager shall is not be liable

 

for an inspection fee if the inspection is not performed and the

 

enforcing agency is the direct cause of the failure to perform.

 

     (13) An If requested, an enforcing agency or a local

 

governmental unit shall produce a report to a requesting party on

 

the income and expenses of the inspection program for the preceding

 

fiscal year. The report shall contain state the amount of the fees

 

assessed by the enforcing agency, the costs incurred in performing

 

inspections, and the number of units inspected. The report shall be

 

provided to the requesting party within 90 days of after the

 

request. The enforcing agency or local governmental unit may

 

produce the report electronically. If the enforcing agency does not

 

have readily available access to the information required for the

 

report, the enforcing agency may charge the requesting party a fee

 

no not greater than the actual reasonable cost of compiling and

 

providing the information. If an enforcing agency charges a fee

 

under this subsection, the enforcing agency shall include in the

 

report the costs of providing and compiling the information.

 

contained in the report.

 

     (14) If a complaint identifies a dwelling or rooming house

 

regulated under this act in which a child is residing, the dwelling

 

or rooming house shall be inspected prior to inspection of any

 

nonemergency complaint.

 

     (15) As used in this section:

 

     (a) "Child" means an individual under 18 years of age.

 

     (b) "Leasehold" means a private dwelling or separately

 

occupied apartment, suite, or group of rooms in a 2-family dwelling

 

or in a multiple dwelling if the private dwelling or separately

 

occupied apartment, suite, or group of rooms is leased to the

 

occupant under the terms of either an oral or written lease.

 

     Sec. 129. (1) Units in multiple dwellings or rooming houses,

 

rental units in 2-family dwellings constructed before 1978, or

 

rented single-family dwellings constructed before 1978 shall not be

 

occupied unless a certificate of compliance has been issued by the

 

enforcing agency. The certificates shall be issued only upon an

 

inspection of the premises by the enforcing agency, except as

 

provided in section 131. The certificate shall be issued within 15

 

days after the submission of a written application therefor for the

 

certificate if, when the application is submitted, the dwelling at

 

the date of the application is entitled thereto.to a certificate.

 

     (2) A certificate may be issued despite a violation of this

 

act, shall not prevent the issuance of a certificate, but the

 

enforcing agency shall not issue a certificate when unless the

 

existing conditions constitute a hazard to the health or safety of

 

those who may occupy the premises.

 

     (3) Inspections shall be made prior to first occupancy of

 

multiple dwellings and rooming houses, if the construction or

 

alteration is completed and first occupancy will occur after the

 

effective date of this article. Where first occupancy will occur

 

before the effective date of this article, inspection shall be made

 

within 1 year after the effective date of this article. Upon upon a

 

finding that there is no condition that would constitute a hazard

 

to the health and safety of the occupants, and that the premises

 

are otherwise fit for occupancy, the certificate shall be issued.

 

If the finding is of If a condition that would constitute a hazard

 

to health or safety exists, no a certificate shall not be issued,

 

and an order to comply with the act shall be issued immediately and

 

served upon the owner in accordance with section 132. On

 

reinspection and proof of compliance, the order shall be rescinded

 

and a certificate issued.

 

     (4) An inspection under this act of a dwelling constructed

 

before 1978 shall include an inspection as defined in section 5457

 

of the public health code, 1978 PA 368, MCL 333.5457, unless a

 

previous inspection as defined in that section has shown that there

 

is not a lead-based paint hazard.

 

     (5) As used in this section, "lead-based paint hazard" means

 

that term as defined in section 5458 of the public health code,

 

1978 PA 368, MCL 333.5458.

 

     Sec. 130. (1) When If a certificate is withheld pending

 

compliance, no premises which have not been occupied for dwelling

 

or rooming purposes shall not be so occupied, and those premises

 

which have been or are occupied for dwelling or rooming purposes

 

may be ordered vacated until reinspection and proof of compliance

 

in the discretion of the enforcing agency.

 

     (2) A certificate of compliance shall be issued on condition

 

that the premises remain in safe, healthful, and fit condition for

 

occupancy. If upon reinspection the enforcing agency determines

 

that conditions exist which constitute a hazard to health or

 

safety, the certificate shall be immediately suspended as to

 

affected areas, and the areas may be vacated as provided in

 

subsection (1).

 

     (3) The duty to pay rent in accordance with the terms of any

 

lease or agreement or under the provisions of any statute shall be

 

is suspended and the suspended rentals shall be paid into an escrow

 

account as provided in subsection (4), during that period when the

 

premises have not been issued a certificate of compliance, or when

 

such the certificate, once issued, has been suspended. This

 

subsection does not apply until the owner has had a reasonable time

 

after the effective date of this article or after notice of

 

violations to make application apply for a temporary certificate,

 

as provided in section 131. Nor does this subsection apply where if

 

the owner establishes that the conditions which constitute a hazard

 

to health or safety were caused by the occupant or occupants. The

 

rent, once suspended, shall again become due in accordance with the

 

terms of the lease or agreement or statute from and after the time

 

of reinstatement of the certificate, or where if a temporary

 

certificate has been issued, as provided in section 131.

 

     (4) Rents due for the period during which rent is suspended

 

shall be paid into an escrow account established by the enforcing

 

officer or agency, to be paid thereafter to the landlord or any

 

other party authorized to make repairs, to defray the cost of

 

correcting the violations, including, but not limited to, the cost

 

of abatement as defined in section 5453 of the public health code,

 

1978 PA 368, MCL 333.5453. The enforcing agency shall return any

 

unexpended part of sums paid under this section, attributable to

 

the unexpired portion of the rental period, where if the occupant

 

terminates his the tenancy or right to occupy prior to the

 

undertaking to repair.

 

     (5) When the If a certificate of compliance has been

 

suspended, or has not been issued, and the rents thereafter

 

withheld are not paid into the escrow account, actions for rent and

 

for possession of the premises for nonpayment of rent may be

 

maintained, subject to such any defenses as the tenant or occupant

 

may have upon the lease or contract.

 

     Sec. 134. (1) If the owner or occupant fails to comply with

 

the order contained in the notice of violation, the enforcing

 

agency may bring an action to enforce this act and to abate or

 

enjoin the violation.

 

     (2) An owner or occupant of the premises upon which a

 

violation exists may bring an action to enforce this act in his or

 

her own name. Upon application by the enforcing agency, or upon

 

motion of the party filing the complaint, the local enforcing

 

agency may be substituted for, or joined with, the complainant in

 

the discretion of the court.

 

     (3) If the violation is uncorrected and creates an imminent

 

danger to the health and safety of the occupants of the premises,

 

or if there are no occupants and the violation creates an imminent

 

danger to the health and safety of the public, the enforcing agency

 

shall file a motion for a preliminary injunction or other temporary

 

relief appropriate to remove the danger during the pendency of the

 

action.

 

     (4) Owners and lienholders of record or owners and lienholders

 

ascertained by the complainant with the exercise of reasonable

 

diligence shall be served with a copy of the complaint and a

 

summons. The complainant shall also file a notice of the pendency

 

of the action with the appropriate county register of deeds office

 

where the premises are located.

 

     (5) The court of jurisdiction shall make orders and

 

determinations consistent with the objectives of this act. The

 

court may enjoin the maintenance of unsafe, unhealthy, or

 

unsanitary conditions, or violations of this act, and may order the

 

defendant to make repairs or corrections necessary to abate the

 

conditions, including, but not limited to, abatement as defined in

 

section 5453 of the public health code, 1978 PA 368, MCL 333.5453.

 

The court may authorize the enforcing agency to repair or to remove

 

the building or structure. If an occupant is not the cause of an

 

unsafe, unhealthy, or unsanitary condition, or a violation of this

 

act, and is the complainant, the court may authorize the occupant

 

to correct the violation and deduct the cost from the rent upon

 

terms the court determines just. If the court finds that the

 

occupant is the cause of an unsafe, unhealthy, or unsanitary

 

condition, or a violation of this act, the court may authorize the

 

owner to correct the violation and assess the cost against the

 

occupant or the occupant's security deposit.

 

     (6) A building or structure shall not be removed unless the

 

cost of repair of the building or structure will be greater than

 

the state equalized value of the building or structure except in an

 

urban core cities city or local units unit of government that are

 

is adjacent to or contiguous to an urban core city that have has

 

adopted stricter standards to expedite the rehabilitation or

 

removal of a boarded or abandoned building or structure that

 

remains either vacant or boarded, or both, and if a significant

 

attempt has not been made to rehabilitate the building or structure

 

for a period of 24 consecutive months.

 

     (7) If the expense of repair or removal is not provided for,

 

the court may enter an order approving the expense and placing a

 

lien on the real property for the payment of the expense. The order

 

may establish and provide for the priority of the lien as a senior

 

lien, except as to tax and assessment liens, and except as to a

 

recorded mortgage of first priority, recorded prior to all other

 

liens of record if, at the time of recording of that mortgage or at

 

a time subsequent, a certificate of compliance as provided for in

 

this act is in effect on the subject property. The order may also

 

specify the time and manner for foreclosure of the lien if the lien

 

is not satisfied. A true copy of the order shall be filed with the

 

appropriate county register of deeds office for the county where

 

the real property is located within 10 days after entry of the

 

order to perfect the lien granted in the order.

 

     (8) This act does not preempt, preclude, or interfere with the

 

authority of a municipality to protect the health, safety, and

 

general welfare of the public through ordinance, charter, or other

 

means.

 

     (9) As used in this section, "urban core cities" city" means a

 

qualified local governmental units unit as that term is defined in

 

section 2 of the obsolete property rehabilitation act, 2000 PA 146,

 

MCL 125.2782.