Bill Text: MI SB0062 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Health; hazardous products; provision related to rental unit containing lead-based paint hazard; modify. Amends sec. 5475a of 1978 PA 368 (MCL 333.5475a).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-24 - Referred To Committee On Health Policy [SB0062 Detail]
Download: Michigan-2017-SB0062-Introduced.html
SENATE BILL No. 62
January 24, 2017, Introduced by Senators HERTEL and ANANICH and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 5475a (MCL 333.5475a), as added by 2004 PA 434.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5475a. (1) A property manager, housing commission, or
owner of a rental unit who rents or continues to rent a residential
housing
unit to a family with a minor child who is found to have 10
5 micrograms or more of lead per deciliter of venous blood is
subject to the penalties provided under subsection (3) if all of
the following apply:
(a) The property manager, housing commission, or owner of the
rental unit has prior actual knowledge that the rental unit
contains a lead-based paint hazard.
(b)
At least ninety 90 days have passed since the property
manager, housing commission, or owner of the rental unit had actual
knowledge
of the lead lead-based paint hazard.
(c) The property manager, housing commission, or owner of the
rental
unit has not acted in good faith to reduce the lead lead-
based paint hazards through interim controls or abatement or a
combination of interim controls and abatement.
(2) A property manager, housing commission, or owner of the
rental unit is presumed to have prior actual knowledge that a unit
contains a lead-based paint hazard only if 1 of the following
applies:
(a) The property manager, housing commission, or owner of the
rental unit signed an acknowledgment of the hazard as a result of a
risk assessment under this chapter at the time the risk assessment
was made.
(b) The property manager, housing commission, or owner of the
rental unit was served as a result of a risk assessment under this
chapter with notice of the hazard by first-class mail and a return
receipt of that service was obtained.
(3) A property manager, housing commission, or owner of the
rental unit convicted of violating this section is guilty of a
crime as follows:
(a) Except as provided in subdivision (b), the property
manager, housing commission, or owner of the rental unit is guilty
of a misdemeanor punishable by imprisonment for not more than 93
days or a fine of not more than $5,000.00, or both.
(b) If the property manager, housing commission, or owner of
the rental unit was previously convicted of violating this section
or a local ordinance substantially corresponding to this section,
the property manager, housing commission, or owner of the rental
unit is guilty of a misdemeanor punishable by imprisonment for not
more than 93 days or a fine of not more than $10,000.00, or both.
(4) The property manager, housing commission, or owner of the
rental unit may assert 1 or more of the following as an affirmative
defense in a prosecution of violating this section, and has the
burden of proof on that defense by a preponderance of the evidence:
(a) That the property manager, housing commission, or owner of
the rental unit requested or contracted with a person having
responsibility for maintaining the rental unit to reduce the hazard
through interim controls or abatement and reasonably expected that
the hazard would be reduced.
(b) That the tenant would not allow entry into or upon
premises where the hazard is located or otherwise interfered with
correcting the hazard.
(5)
As used in this section, :
(a)
"Property "property
manager" means a person who
engages in
property management as that term is defined in section 2501 of the
occupational code, 1980 PA 299, MCL 339.2501.
(b)
"Lead-based paint hazard" means that term as defined in
section
5458 of the public health code, 1978 PA 368, MCL 333.5458.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.