Bill Text: MI HB4259 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Civil procedure: evictions; prohibition against entry to premises for the purpose of removing or excluding a tenant or mobile home owner from their home during a declared emergency; codify. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding secs. 5740 & 5782.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2021-02-17 - Bill Electronically Reproduced 02/16/2021 [HB4259 Detail]
Download: Michigan-2021-HB4259-Introduced.html
HOUSE BILL NO. 4259
February 16, 2021, Introduced by Reps. Brenda
Carter, Puri, Weiss, Anthony, Koleszar, Stone, Cavanagh, Brabec, Brixie,
Young, Kuppa, Tyrone Carter, Rabhi and Jones 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 sections 5740 and 5782.
the people of the state of michigan enact:
Sec. 5740. (1) Notwithstanding
anything in this chapter to the contrary, during the state of emergency
declared under Executive Order No. 2020-4 or any extension of that order,
including an order issued under section 2253 of the public health code, 1978 PA
368, MCL 333.2253, and until June 1, 2021, a person shall not remove or exclude
from leased residential premises or residential premises held under a forfeited
executory contract a tenant, a vendee of a forfeited executory contract, or a
person holding under such a tenant or vendee, unless the tenant, vendee, or
person holding under a tenant or vendee poses a substantial risk to another
person or an imminent and severe risk to property.
(2)
Notwithstanding anything in this chapter to the contrary, during the time
period described in subsection (1), a person shall not enter residential premises
to remove or exclude from the premises a tenant, a vendee of a forfeited
executory contract, a person holding under such a tenant or vendee, or the
personal property of a tenant, vendee, or person holding under a tenant or
vendee, including entering the premises to execute or enforce a writ of
restitution or order for eviction issued under this chapter, unless the tenant,
vendee, or person holding under a tenant or vendee poses a substantial risk to
another person or an imminent and severe risk to property.
(3)
Notwithstanding anything in this chapter to the contrary, during the time
period described in subsection (1), a person shall not serve process that requires
forfeiture of leased residential premises or residential premises held under a
forfeited executory contract.
(4)
Notwithstanding anything in this chapter to the contrary, during the time period
described in subsection (1), a court may adjourn any proceedings under this
chapter, suspend, toll, or extend any limitations periods or deadlines provided
for in this chapter, or suspend, toll, or extend any redemption periods previously
in effect or ordered by the court under this chapter.
(5)
A person who violates this section is guilty of a misdemeanor, punishable by
imprisonment for not more than 90 days or a fine of not more than $500.00, or
both.
(6)
This section does not do either of the following:
(a)
Affect the inherent power of a court to order equitable relief.
(b)
Abrogate the obligation to pay or right to receive payment due under a lease,
or the obligations and duties prescribed by sections 5716 and 5718. However,
during the time period described in subsection (1), a demand for payment must
not include a demand for possession, or other threat of eviction, based on the
nonpayment of rent and may not be served by personal delivery.
Sec. 5782. (1) Notwithstanding
anything in this chapter to the contrary, during the state of emergency
declared under Executive Order No. 2020-4 or any extension of that order, including
an order issued under section 2253 of the public health code, 1978 PA 368, MCL
333.2253, and until June 1, 2021, a person shall not remove or exclude from
leased residential premises in a mobile home park a tenant or a person holding
under a tenant, unless the tenant or person holding under a tenant poses a
substantial risk to another person or an imminent and severe risk to property.
(2)
Notwithstanding anything in this chapter to the contrary, during the time
period described in subsection (1), a person shall not enter residential premises
in a mobile home park to remove or exclude from the premises a tenant or a
person holding under a tenant or the personal property of a tenant or person
holding under a tenant, including entering to execute or enforce a writ of
restitution or order for eviction issued under this chapter, unless the tenant
or person holding under a tenant poses a substantial risk to another person or
an imminent and severe risk to property.
(3)
Notwithstanding anything in this chapter to the contrary, during the time
period described in subsection (1), a person shall not serve process that
requires forfeiture of leased residential premises in a mobile home park.
(4)
Notwithstanding anything in this chapter to the contrary, during the time
period described in subsection (1), a person shall not deny a mobile home owner
access to the mobile home, unless the mobile home owner's tenancy has been
terminated because the mobile home owner poses a substantial risk to another
person or an imminent and severe risk to property.
(5)
Notwithstanding anything in this chapter to the contrary, during the time period
described in subsection (1), a court may adjourn any proceedings under this
chapter, suspend, toll, or extend any limitations periods or deadlines provided
for in this chapter, or suspend, toll, or extend any redemption periods
previously in effect or ordered by the court under this chapter.
(6) A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
(7) This section does not do either of the following:
(a) Affect the inherent power of a court to order equitable relief.
(b) Abrogate the obligation to pay or right to receive payment due under a lease of a mobile home in a mobile home park, or the obligations and duties prescribed by section 5716 or 5718. However, during the time period described in subsection (1), a demand for payment must not include a demand for possession, or other threat of eviction, based on the nonpayment of rent and may not be served by personal delivery.
