Bill Text: MI HB4889 | 2023-2024 | 102nd Legislature | Introduced

Michigan House Bill 4889

Introduced

Bill Title: Mobile homes: other; requirements for mobile home rental agreements; modify. Amends sec. 6 of 1978 PA 454 (MCL 554.636) & adds sec. 4a. TIE BAR WITH: HB 4886'23, HB 4887'23, HB 4888'23

Spectrum: Bipartisan Bill

Status: (Introduced) 2023-07-19 - Bill Electronically Reproduced 07/18/2023 [HB4889 Detail]

Download: Michigan-2023-HB4889-Introduced.html

HOUSE BILL NO. 4889

July 18, 2023, Introduced by Reps. Fitzgerald, McKinney, Mueller and Aragona and referred to the Committee on Regulatory Reform.

A bill to amend 1978 PA 454, entitled

"Truth in renting act,"

by amending section 6 (MCL 554.636) and by adding section 4a.

the people of the state of michigan enact:

Sec. 4a. (1) In addition to the requirements of section 4 and any other terms or provisions required by law, a lease or agreement for a mobile home park or seasonal mobile home park must be signed by the owner of the mobile home park or seasonal mobile home park and must contain all of the following:

(a) The date the lease begins.

(b) The amount the tenant agrees to pay the mobile home park or seasonal mobile home park for rent or any incidental charges, including a statement of whether utilities are included in the rent amount.

(d) The amount of time required for the tenant to provide notice that the tenant intends to terminate the lease or agreement.

(e) The following statements:

(i) That the tenant is authorized to sell the mobile home and the mobile home can remain in the mobile home park or seasonal mobile home park if all of the following conditions are met:

(A) The owner of the mobile home park or seasonal mobile home park determines that the purchaser qualifies for tenancy.

(B) The owner of the mobile home park or seasonal mobile home park enters into a separate lease or an agreement with the purchaser.

(C) The mobile home and any attachments to the mobile home comply with the rules and regulations of the mobile home park or seasonal mobile home park.

(ii) That the tenant is authorized to assign the tenant's lease to an assignee if all of the following conditions are met:

(A) The owner of the mobile home park or seasonal mobile home park determines that the assignee qualifies for tenancy.

(B) The owner of the mobile home park or seasonal mobile home park enters into a separate lease or an agreement with the assignee.

(C) The mobile home and any attachments to the mobile home comply with the rules and regulations of the mobile home park or seasonal mobile home park.

(iii) That the tenant is authorized to post a "FOR SALE" sign on the tenant's mobile home provided that the sign complies with the rules of the mobile home park or seasonal mobile home park.

(2) An owner of the mobile home park or seasonal mobile home park must provide a copy of the rules and regulations of the mobile home park or seasonal mobile home park and the lease or agreement to the tenant, at no charge, at the beginning of the tenancy or any reasonable time after the tenancy begins. The owner of the mobile home park or seasonal mobile home park shall, on the request of the tenant, give the tenant access to an electronic copy of the rules and regulations and lease or agreement.

Sec. 6. (1) If a rental agreement contains a provision which that violates section 3, and if the landlord fails to cure the violation by exercising the notice provisions of section 5 within 20 days after the tenant gives written notice to the landlord of the provision believed to be in violation and the reason therefor, for the violation, a tenant may bring an action for any of the following relief:

(a) To void the rental agreement and terminate the tenancy.

(b) To enjoin the lessor from including the provision in any rental agreement subsequently entered into and to require the lessor to exercise the notice procedure provided in section 5 to cure the violation in all rental agreements in which the provision occurs and to which the lessor is currently a party.

(2) If a rental agreement fails to contain a provision as required by section 4 or 4a, or contains a provision which is explicitly and unambiguously prohibited by section 3, and if the landlord fails to cure the violation by exercising the notice provisions of section 5 within 20 days after the tenant, or, where there is more than one plaintiff, each tenant, gives written notice to the landlord of the provision required by section 4 or 4a, or absence of a provision believed to be in violation and the reason therefor, for the violation, a tenant may bring an action for any of the following relief:

(a) To avoid the rental agreement and terminate the tenancy.

(b) To enjoin the lessor from including the provision which that violates section 3 in any rental agreement subsequently entered into and to require the lessor to exercise the notice procedure provided in section 5 to cure the violation in all rental agreements in which the provision occurs and to which the lessor is currently a party.

(c) To enjoin the lessor from failing to comply with section 4 or 4a in any rental agreement subsequently entered into and to require the lessor to exercise the notice procedure provided in section 5 to cure the violation.

(d) To recover damages in the amount of $500.00, or actual damages, whichever is greater.

(3) A tenant may exercise the remedies of this section without the prior notice to the landlord required by subsections (1) and (2) under any of the following circumstances:

(a) If a rental agreement contains a provision which that has previously been determined by a court of record to be in violation of section 3 in an action to which the lessor was a party.

(b) If a rental agreement contains a provision which the lessor actually knew was in violation of section 3 at the time the rental agreement was entered into.

(c) If a rental agreement does not include a provision as required by under section 4 or 4a, and the lessor actually knew that the provision was not included as required at the time the rental agreement was entered into. As used in subdivisions (b) and (c), "actual knowledge" shall must be established by written documentation, evidencing the actual knowledge, written or issued by the lessor or an agent of the lessor who is authorized to execute rental agreements or by an admission, evidencing the actual knowledge, made by the lessor or an agent of the lessor who is authorized to execute rental agreements or by showing the lessor has previously given notice under section 5 relating to the same provision which that is the subject of the current action.

(4) A party who prevails in an action under this section is entitled to recover court costs plus statutory attorney fees.

(5) All actions brought under subsection (1) with respect to a particular provision of a rental agreement shall must be joined, and only 1 judgment for damages of $250.00 shall must be awarded with respect to a particular provision even if there are multiple actions or multiple plaintiffs if, before judgment in the initial action and before the passage of 30 days after service of process in any second action, the lessor gives written notice to all tenants who are currently subject to that provision, stating that the enforceability of the provision is under dispute and may be determined by a court of law. However, this This subsection does not prohibit a tenant from recovering actual damages, if any, with respect to an unlawful provision of a rental agreement. As used in this subsection, "action" means a court action instituted by a single plaintiff, a representative plaintiff, or multiple plaintiffs.

(6) If a rental agreement contains the provisions as required by section 4 or 4a, but contains a provision which that violates this act, solely because of a judicial construction by a court of record of a provision of a statute cited in section 3 in an action to which the lessor was a party, the lessor shall not be subject to the penalties of this act unless the lessor fails to cure the violation by exercising the notice provisions of section 5 within 30 days following the final determination by the court. For purposes of this subsection, section 39(2) of chapter 66 of the Revised Statutes of 1846, being section 1846 RS 84, MCL 554.139, of the Michigan Compiled Laws, shall must not be considered to have been judicially construed as of the effective date of this act.

(7) For purposes of this section, "tenant" means a person who that is currently a party to a rental agreement with the lessor.

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:

(a) Senate Bill No.____ or House Bill No. 4886 (request no. 03258'23).

(b) Senate Bill No.____ or House Bill No. 4887 (request no. 03259'23).