Bill Text: MI HB5412 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Housing: landlord and tenants; allocation of responsibilities; provide for with respect to prevention and management of bedbug infestation. Amends title & sec. 1 of 1972 PA 348 (MCL 554.601) & adds secs. 1d, 1e, 1f, 1g, 1h & 1i.
Spectrum: Strong Partisan Bill (Democrat 11-1)
Status: (Introduced - Dead) 2021-10-20 - Bill Electronically Reproduced 10/19/2021 [HB5412 Detail]
Download: Michigan-2021-HB5412-Introduced.html
HOUSE BILL NO. 5412
A bill to amend 1972 PA 348, entitled
"An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use, and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties,"
by amending the title and section 1 (MCL 554.601), section 1 as amended by 1995 PA 79, and by adding sections 1d, 1e, 1f, 1g, 1h, and 1i.
the people of the state of michigan enact:
An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to provide for the responsibilities of landlords and tenants for the treatment of certain pests in rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties.
(a) "Bedbug" means an insect of the species Cimex lectularius.
(b) "Bedbug detection team" means a pest management professional scent detection canine team that holds a current, independent, third-party certification in accordance with the minimum guidelines for canine bedbug detection team certification established by the National Pest Management Association or its successor organization.
(c) "Contiguous rental unit" means a rental unit that is next to another rental unit, both of which are owned, managed, leased, or subleased by the same landlord.
(d) "Infestation" or "infested" means the presence of live bedbugs or viable bedbug eggs.
(e) "Landlord" means any of the following:
(i) The owner, lessor, or sublessor of the rental unit or the property of which it is a part.
(ii) A person authorized to exercise any aspect of the management of a rental unit or the property of which it is a part, including a person who, directly or indirectly, acts as a rental agent or receives rent, other than as a bona fide purchaser, whether or not that person has an obligation to deliver the rent payments to another person.
(f) "Pest management professional" means a commercial applicator as that term is defined in section 8302 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8302, who is licensed under section 8313 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8313.
(g) "Rental agreement" means an agreement that establishes or modifies the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a rental unit.
(h) (a) "Rental unit" means a structure or part of a structure used as a home, residence, or sleeping unit by a single person or household unit, or any grounds, or other facilities or area promised for the use of a residential tenant. and Rental unit includes, but without limitation, is not limited to, apartment units, boarding houses, rooming houses, mobile home spaces, and single and 2-family dwellings.
(b) "Rental agreement" means an agreement that establishes or modifies the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a rental unit.
(c) "Landlord" means the owner, lessor, or sublessor of the rental unit or the property of which it is a part and, in addition, means a person authorized to exercise any aspect of the management of the premises, including a person who, directly or indirectly, acts as a rental agent, receives rent, other than as a bona fide purchaser, and who has no obligation to deliver the receipts to another person.
(d) "Tenant" means a person who occupies a rental unit for residential purposes with the landlord's consent for an agreed upon consideration.
(i) (e) "Security deposit" means a deposit, in any amount, paid by the tenant to the landlord or his or her agent to be held for the term of the rental agreement, or any part of the term, and includes any required prepayment of rent other than the first full rental period of the lease agreement; any sum required to be paid as rent in any rental period in excess of the average rent for the term; and any other amount of money or property returnable to the tenant on condition of return of the rental unit by the tenant in condition as required by the rental agreement. Security deposit does not include either of the following:
(i) An amount paid for an option to purchase, pursuant to a lease with an option to purchase, unless it is shown the intent was to evade this act.
(ii) An amount paid as a subscription for or purchase of a membership in a cooperative housing association incorporated under the laws of this state. As used in this subparagraph, "cooperative housing association" means a consumer cooperative that provides dwelling units to its members.
(j) (f) "Senior citizen housing" means housing for individuals 62 years of age or older that is subsidized in whole or in part under any local, state, or federal program.
(k) "Tenant" means an individual who occupies a rental unit for residential purposes with the landlord's consent for an agreed-upon consideration.
(l) "Thermal remediation" means using intense temperature to eradicate bedbugs.
(m) "Treat", "treating", or "treatment" means to conduct thermal remediation, apply pesticides or other chemicals, or use other methods common to the pest control industry to eradicate bedbugs. For purposes of this act, only a pest management professional is authorized to treat an infestation.
Sec. 1d. A landlord shall not enter into a rental agreement if the landlord knows or reasonably suspects that the rental unit is infested. On request from a prospective tenant, a landlord shall disclose both of the following:
(a) Whether the landlord knows that the rental unit being offered for rent has had an infestation within the previous 8 months.
(b) If applicable, the last date the rental unit being offered for rent was inspected for bedbugs and the result of that inspection.
Sec. 1e. (1) A tenant who knows or reasonably suspects that his or her rental unit is infested shall promptly notify the landlord in writing after discovering or suspecting an infestation.
(2) The written notice required under subsection (1) must be made in a manner reasonably calculated to give actual notice of the infestation to the landlord, including, but not limited to, any of the following:
(a) By email. For purposes of this subdivision, the tenant must ensure that the written notice is sent to an email address that the landlord provided to the tenant or previously used to communicate with the tenant.
(b) By personal delivery of the written notice to the landlord, signed by the landlord, and of which the tenant retains a copy or image.
(c) By submitting the written notice through an electronic portal specified by the landlord in the rental agreement for communications.
(d) In any other manner of transmitting written communication which the tenant has previously used to communicate with the landlord and the landlord has previously accepted, or which the landlord has notified the tenant is a manner of contacting the landlord. The manner of transmitting written communication under this subdivision includes, but is not limited to, text messages on a wireless 2-way communication device.
(3) Not more than 4 days after receipt of the written notice under subsection (1), the landlord shall schedule an inspection of the rental unit for bedbugs by a bedbug detection team or a pest management professional. If the bedbug detection team or pest management professional determines that the rental unit inspected pursuant to this section is infested, the landlord shall, as soon as possible, schedule an inspection of any contiguous rental unit.
Sec. 1f. (1) Subject to section 1g, a bedbug detection team or pest management professional may enter a rental unit to conduct an inspection for bedbugs. The bedbug detection team or pest management professional may first conduct an initial visual inspection of the rental unit for the presence of bedbugs. If necessary, the bedbug detection team or pest management professional may further conduct a manual inspection of the tenant's beddings, upholstered furniture, or other personal belongings.
(2) A landlord shall, within 2 days after the completion of an inspection conducted pursuant to subsection (1) and after receipt of the result of the inspection, provide a written report to the tenant detailing the result of the inspection.
(3) The written report required under subsection (2) must be sent to the tenant by email, personal delivery, or any other manner of transmitting written communication which the landlord has previously used to communicate with the tenant and the tenant has previously accepted.
(4) If the bedbug detection team or pest management professional determines that the rental unit is not infested, the landlord shall include in the written report required under subsection (2) a statement informing the tenant that if the tenant remains concerned that the rental unit is infested, the tenant may contact the local health department to report the concerns.
(5) If the bedbug detection team or pest management professional determines that the rental unit is infested, the landlord shall, no later than 5 days after receipt of the result of the inspection and subject to section 1g, commence reasonable measures to treat the infestation.
Sec. 1g. At least 48 hours before a bedbug detection team or pest management professional enters a rental unit to conduct an inspection for bedbugs or treat an infestation, a landlord shall provide written notice to a tenant requesting permission to enter the rental unit. The written notice required under this subsection must be sent to the tenant in accordance with section 1f(3). This section does not apply if a rental agreement provides for a different minimum time for the delivery of notices.
Sec. 1h. (1) Except as otherwise provided in this act, a landlord is responsible for the costs of both of the following:
(a) Inspecting a rental unit for bedbugs.
(b) Treating an infestation.
(2) A tenant is responsible for the costs of preparing a rental unit for the inspection of bedbugs.
(3) A landlord is not required to do any of the following:
(a) Pay for an alternative lodging for the tenant during the treatment of an infestation.
(b) Replace a tenant's personal property that was destroyed during the treatment of an infestation.
(4) This section does not preempt or restrict any state or federal law concerning reasonable accommodations for persons with disabilities.
Sec. 1i. (1) A tenant shall grant reasonable access to the rental unit to a bedbug detection team or pest management professional for an inspection of the rental unit for bedbugs or for the treatment of an infestation.
(2) A landlord may bring an injunctive action in a court of competent jurisdiction to compel a tenant to grant access to a rental unit to a bedbug detection team or pest management professional for an inspection of the rental unit for bedbugs or for the treatment of an infestation. Injunctive relief granted pursuant to this subsection may include a temporary order that does any of the following:
(a) Grants the bedbug detection team or pest management professional access to the rental unit.
(b) Requires the tenant to comply with reasonable measures taken to treat the infestation.
(c) Holds the tenant responsible for any excess costs incurred by the landlord as a result of the tenant's refusal to allow access to the rental unit.
(3) A temporary order that grants a bedbug detection team or pest management professional access to a rental unit must be served on the tenant at least 24 hours before a bedbug detection team or pest management professional enters the rental unit.
(4) A landlord that fails to comply with section 1d, 1e(3), 1f(2), (3), or (5), or 1g is liable to the tenant for any actual damages incurred by the tenant because of the landlord's noncompliance.
Enacting section 1. This amendatory act takes effect 180 days after the date it is enacted into law.
