Bill Text: MI HB4181 | 2021-2022 | 101st Legislature | Introduced

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Bill Title: Civil procedure: evictions; residential evictions during the COVID-19 state of emergency; prohibit. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 5740.

Spectrum: Partisan Bill (Democrat 23-0)

Status: (Introduced - Dead) 2021-02-10 - Bill Electronically Reproduced 02/09/2021 [HB4181 Detail]

Download: Michigan-2021-HB4181-Introduced.html

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HOUSE BILL NO. 4181

February 09, 2021, Introduced by Reps. Anthony, Aiyash, Hope, Puri, Brixie, Young, Sowerby, Cavanagh, Weiss, Hood, Brabec, Bolden, Stone, Yancey, O'Neal, Brenda Carter, Pohutsky, Liberati, Garza, Clemente, Scott, Kuppa and Breen and referred to the Committee on Judiciary.

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

(MCL 600.101 to 600.9947) by adding section 5740.`

the people of the state of michigan enact:

Sec. 5740. (1) Notwithstanding anything in this chapter or chapter 57a to the contrary, from the effective date of the amendatory act that added this section to 60 days after the termination of the COVID-19 emergency, a landlord or owner of a property shall not, for the purposes of a nonessential eviction for a residential dwelling unit, do either of the following:

(a) Terminate a tenancy.

(b) Send any notice, including a notice to quit, requesting or demanding that a tenant of a residential dwelling unit vacate the premises.

(2) Notwithstanding anything in this chapter or chapter 57a to the contrary, from the effective date of the amendatory act that added this section to 60 days after the termination of the COVID-19 emergency, a court shall not, in a summary proceeding for a nonessential eviction for a residential dwelling unit, do any of the following:

(a) Accept for filing a summons or complaint.

(b) Enter an order or judgment for a plaintiff for possession.

(c) Issue a writ of restitution or order for eviction.

(d) Deny, on the request of a defendant, a stay of a writ of restitution or order for eviction or, on the request by a party, a continuance of a summary proceeding.

(e) Schedule a court event, including, but not limited to, a motion hearing or a trial.

(3) Notwithstanding anything in this act to the contrary, all of the following are tolled from March 10, 2020 to 60 days after the termination of the COVID-19 emergency:

(a) A period of limitation or time limit for instituting summary proceedings or bringing a claim or counterclaim for damages under this chapter.

(b) A period applicable to a presumption under section 5720.

(c) A period under this chapter within which a summons must be served, a party must appear for trial, or a summary proceeding must be heard, even if the period is contained in a summons or other order issued by the court.

(d) A period under this chapter within which a defendant may make any payment to satisfy, partially or completely, a judgment or to preclude issuance of a writ of restitution or order for eviction, even if the period is contained in a judgment or order entered by the court.

(e) A time restriction under this chapter on issuance of a writ of restitution or order for eviction, even if the time restriction is contained in a judgment or order entered by the court.

(f) A period for taking an appeal from an order or judgment issued under this chapter.

(g) Any other time period or restriction applicable to a summary proceeding or action under this chapter that the court determines should be tolled or extended.

(4) Notwithstanding anything in this act or in any order of a court, from the effective date of the amendatory act that added this section to 60 days after the termination of the COVID-19 emergency, a person shall not serve or execute a writ of restitution or order for eviction for a nonessential eviction of a residential dwelling unit.

(5) Notwithstanding anything in this chapter or chapter 57a to the contrary, in a summary proceeding under this chapter or chapter 57a, a person shall not request and a court shall not award damages that consist of a late fee for nonpayment of rent that was due from March 10, 2020 to 60 days after the termination of the COVID-19 emergency for a residential dwelling unit if, not later than 30 days after the missed rent payment, the tenant provided notice and documentation to the landlord that the nonpayment of rent was because of a financial impact from COVID-19.

(6) This section does not relieve a tenant from the obligation to pay rent or, except as expressly provided in this section, restrict a landlord's ability to recover rent.

(7) As used in this section:

(a) "Nonessential eviction" means any of the following:

(i) An eviction for nonpayment of rent.

(ii) An eviction for no fault or no cause.

(iii) An eviction for cause that does not involve or include allegations of either of the following:

(A) Criminal activity that may impact the health or safety of other residents, health care workers, emergency personnel, persons lawfully on the subject property, or the general public.

(B) Lease violations that may impact the health or safety of other residents, health care workers, emergency personnel, persons lawfully on the subject property, or the general public.

(b) "The termination of the COVID-19 emergency" means the last date on which any of the following is in effect in this state:

(i) A state of emergency or state of disaster declared or extended under an executive order to deal with COVID-19.

(ii) A state of emergency or state of disaster declared or extended under a concurrent resolution of the legislature to deal with COVID-19.

(iii) An order issued under section 2253 of the public health code, 1978 PA 368, MCL 333.2253, to deal with COVID-19.