Bill Text: MI HB5763 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Housing: landlord and tenants; provision for tenant to escrow rent when certificate is withheld pending compliance; modify. Amends sec. 130 of 1917 PA 167 (MCL 125.530).
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced) 2024-06-04 - Bill Electronically Reproduced 06/04/2024 [HB5763 Detail]
Download: Michigan-2023-HB5763-Introduced.html
HOUSE BILL NO. 5763
A bill to amend 1917 PA 167, entitled
"Housing law of Michigan,"
by amending section 130 (MCL 125.530).
the people of the state of michigan enact:
Sec. 130. (1) When If a certificate is withheld pending compliance, no premises which that have not been occupied for dwelling or rooming purposes shall must not be so occupied, and those premises which that have been or are occupied for dwelling or rooming purposes may be ordered vacated until reinspection and proof of compliance in the discretion of the enforcing agency.
(2) A certificate of compliance shall must be issued on condition that the premises remain in safe, healthful healthy, and fit condition for occupancy. If upon reinspection the enforcing agency determines that conditions exist which that constitute a hazard to health or safety, the certificate shall must be immediately suspended as to affected areas, and the areas may be vacated as provided in subsection (1).
(3) The Seventy-two hours after a certificate of compliance is withheld under subsection (1) or has not been issued or is suspended under subsection (2), the duty to pay rent in accordance with under the terms of any lease, or agreement, or under the provisions of any statute shall be is suspended and the suspended rentals shall be paid into an escrow account as provided in subsection (4), waived during that period when the premises have not been issued a certificate of compliance, or when such the certificate, once issued, has been suspended. This subsection does not apply until the owner has had a reasonable time after the effective date of this article or after notice of violations to make application for a temporary certificate, as provided in section 131. Nor does this This subsection does not apply where if the owner establishes that the conditions which that constitute a hazard to health or safety were caused by the occupant or occupants. The rent, once suspended, shall again become due in accordance with the terms of the lease or agreement or statute from and after the time of reinstatement of the certificate, or where a temporary certificate has been issued, as provided in section 131.
(4) Rents due for the period during which rent is suspended shall be paid into an escrow account established by the enforcing officer or agency, to be paid thereafter to the landlord or any other party authorized to make repairs, to defray the cost of correcting the violations. The enforcing agency shall return any unexpended part of sums paid under this section, attributable to the unexpired portion of the rental period, where the occupant terminates his tenancy or right to occupy prior to the undertaking to repair.
(4) (5) When the If a certificate of compliance has been suspended , or has not been issued, and the rents thereafter withheld are not paid into the escrow account, actions for rent, for late fees, and for possession of the premises for nonpayment of rent may not be maintained. , subject to such defenses as the tenant or occupant may have upon the lease or contract.
