Bill Text: MI HB5495 | 2021-2022 | 101st Legislature | Introduced


Bill Title: Local government: ordinances; imposing sanctions on landlord or tenant for certain contacts made to police or emergency services; prohibit. Creates new act.

Spectrum: Partisan Bill (Democrat 24-0)

Status: (Introduced) 2021-11-02 - Bill Electronically Reproduced 10/28/2021 [HB5495 Detail]

Download: Michigan-2021-HB5495-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL NO. 5495

October 28, 2021, Introduced by Reps. Stone, Brabec, Clemente, Pohutsky, Sowerby, Cherry, Sneller, Lasinski, Breen, Hood, Brixie, Kuppa, Peterson, Cynthia Johnson, Haadsma, Aiyash, Cavanagh, LaGrand, Rogers, Ellison, Manoogian, Hope, Bolden and Young and referred to the Committee on Judiciary.

A bill to prohibit local units of government from penalizing or sanctioning tenants, occupants, or landlords of rental dwellings for contacts made to police or emergency services for assistance in certain situations; and to provide for remedies.

the people of the state of michigan enact:

Sec. 1. As used in this act:

(a) "Abuse" means any of the following:

(i) Recklessly causing bodily injury.

(ii) Placing another in reasonable fear of imminent serious bodily injury.

(iii) Knowingly engaging in a course of conduct or repeatedly committing acts toward another individual, including following the individual, without proper authority, under circumstances that place the individual in reasonable fear of bodily injury.

(b) "Crime" means a violation of the Michigan penal code, 1931 PA 328, MCL 750.1 to 750.568.

(c) "Emergency" means a physiological or psychological illness or injury of an individual, such that a prudent individual who possesses an average knowledge of health and medicine could reasonably expect the absence of immediate emergency medical services to result in any of the following:

(i) Placing the health of the individual or, with respect to a pregnant individual, the health of the individual or the individual's fetus in serious jeopardy.

(ii) Serious impairment of a bodily function.

(iii) Serious dysfunction of a bodily organ or part. 

(d) "Local unit of government" means a city, village, township, or county.

(e) "Ordinance" means an ordinance adopted by a local unit of government.

(f) "Sanction" includes, but is not limited to, any of the following:

(i) Revoke, suspend, or prevent renewal of a rental license or permit for.

(ii) Assess a fine against.

(iii) Evict or cause an eviction from leased premises.

Sec. 2. An ordinance must not sanction a tenant, occupant, or landlord of a rental dwelling for a contact made to police or emergency services for assistance if both of the following conditions are met:

(a) The contact is made by or on behalf of an individual who is, or is reasonably believed by the individual making the contact to be, a victim of abuse, a victim of a crime, or an individual in an emergency. This subdivision does not protect from sanction any of the following:

(i) A tenant or occupant of a rental dwelling if the tenant or occupant committed the abuse or crime.

(ii) The landlord, if a tenant or occupant committed the abuse or crime, unless another tenant or occupant was the victim of the abuse or crime.

(b) The police intervention or emergency assistance is needed, or is reasonably believed by the individual making the contact to be needed, in response to the abuse, crime, or emergency.

Sec. 3. If a local unit of government enforces or attempts to enforce an ordinance against a tenant, occupant, or landlord in violation of section 2, the tenant, occupant, or landlord may bring a civil action in a court of competent jurisdiction for any of the following remedies:

(a) An order requiring the local unit of government to cease and desist the unlawful practice.

(b) Payment of compensatory damages, except to the extent that the tenant, occupant, or landlord failed to make a reasonable effort to mitigate damages.

(c) Payment of reasonable attorney fees.

(d) Payment of court costs.

(e) Other relief, including, but not limited to, reinstating a rental license or permit.

Sec. 4. (1) This act preempts an ordinance to the extent that the ordinance is inconsistent with this act.

(2) This act does not affect or apply to enforcement of a clause in a lease providing for termination because a tenant, a member of the tenant's household, or other individual under the tenant's control has unlawfully manufactured, delivered, possessed with intent to deliver, or possessed a controlled substance on the leased premises, as provided for in section 34 of 1846 RS 66, MCL 554.134, and section 5714 of the revised judicature act of 1961, 1961 PA 236, MCL 600.5714.

Enacting section 1. This act takes effect 90 days after the date it is enacted into law.

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