SB-0313, As Passed Senate, June 4, 2014

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 313

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1917 PA 167, entitled

 

"Housing law of Michigan,"

 

by amending sections 1, 125, and 126 (MCL 125.401, 125.525, and

 

125.526), sections 1 and 126 as amended by 2008 PA 408.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) This act shall be known and may be cited as the

 

"housing law of Michigan". and shall apply

 

     (2) This act applies to every each city, and organized

 

village, in this state which, by and township that, according to

 

the last regular or special federal census, had has a population of

 

100,000 10,000 or more. , and to every city or village as its

 

population shall reach 100,000 thereafter and also to that

 

territory immediately adjacent and contiguous to the boundaries of

 

such a city or village and extending for a radial distance of 2-1/2

 


miles beyond their boundaries in all directions. This act shall

 

also apply to any city and organized village in this state which,

 

as determined by the last regular or special federal census, has or

 

shall hereafter attain a population of 10,000 or more. This

 

However, this act relating does not apply to private dwellings and

 

2-family dwellings does not apply to in any city, or organized

 

village, lying outside the 2-1/2 mile radius and or township having

 

a population of less than 100,000 unless the legislative body of

 

the city or village local governmental unit adopts the provisions

 

by resolution , passed by a majority vote of the its members. elect

 

of the legislative body, adopt the provisions. In the case of

 

charter townships and townships the provisions of this act relating

 

to private dwellings and 2-family dwellings may be applied to those

 

areas by ordinance of the respective township board adopting the

 

provisions.

 

     (3) This act applies to all dwellings within the classes

 

defined in the following sections, section 2, except that in

 

sections where specific reference is made a reference to 1 or more

 

specific classes of dwellings , those provisions shall apply

 

applies only to those classes to which specific reference is made.

 

All other provisions that relate to dwellings shall apply to all

 

classes of dwellings.

 

     Sec. 125. (1) A The enforcing agency may maintain a registry

 

of owners and premises shall be maintained by the enforcing

 

agency.regulated by this act. If the enforcing agency maintains a

 

registry of owners and premises, the enforcing agency shall comply

 

with the requirements of this section.

 


     (2) The owners If required by the enforcing agency, the owner

 

of a multiple dwelling or rooming house containing units which will

 

be that are offered to let, or to hire, for lease for more than 6

 

months of a calendar year , shall register their names and places

 

of with the enforcing agency the owner's name, the address of the

 

owner's residence or usual places place of business, and the

 

location of the premises regulated by this act with the enforcing

 

agency. to be leased. The owners owner shall register within 60

 

days following the day on which any part of the premises is offered

 

for occupancy. Owners of multiple dwellings or rooming houses

 

containing units which are occupied or offered for occupancy at the

 

time this act becomes effective shall register within 90 days after

 

the effective date of this article.lease.

 

     (3) If the premises are managed or operated by an agent, the

 

agent's name and place of business shall be placed entered with the

 

name of the owner in the registry under subsection (2).

 

     (4) The enforcing agency may charge the owner a registration

 

fee to register the premises under subsection (1). The registration

 

remains valid and the enforcing agency shall not charge a new

 

registration fee for the premises as long as the same owner

 

continues to own the premises. However, if additional dwelling

 

units are constructed after a registration is filed, the enforcing

 

agency may require the owner to reregister the premises and may

 

charge a new registration fee when a certificate of use and

 

occupancy is issued under section 13 of the Stille-DeRossett-Hale

 

single state construction code act, 1972 PA 230, MCL 125.1513. In

 

addition, upon sale or other transfer of ownership of the premises,

 


the new owner shall reregister the premises and, if the premises

 

are reregistered, the enforcing agency may charge a new

 

registration fee.

 

     (5) As used in this section, "registration fee" means any fee

 

associated with the registration or reregistration of premises

 

under subsection (2) or (4), respectively, whether designated as a

 

registration, administrative, compliance certification, licensing,

 

or other fee.

 

     Sec. 126. (1) The A local governmental unit is not required to

 

inspect multiple dwellings and rooming houses. If a local

 

governmental unit elects to inspect multiple dwellings or rooming

 

houses, the enforcing agency shall inspect multiple dwellings and

 

rooming houses regulated by this act in accordance with this act.

 

Except as provided in subsection (2), the period between

 

inspections of a multiple dwelling or rooming house shall not be

 

longer than 4 years. All other dwellings regulated by this act may

 

be inspected at reasonable intervals. Inspections of multiple

 

dwellings or rooming houses conducted by the United States

 

department of housing and urban development under the real estate

 

assessment center inspection process or by other government

 

agencies may be accepted by a local governmental unit and an

 

enforcing agency as a substitute for inspections required by a

 

local enforcing agency. To the extent permitted under applicable

 

law, a local enforcing agency or its designee is authorized to

 

exercise inspection authority delegated by law or agreement from

 

other agencies or authorities that perform inspections required

 

under other state law or federal law.

 


     (2) A local governmental unit may provide by ordinance for a

 

maximum minimum period between inspections of a multiple dwelling

 

or rooming house that is not longer than 6 years if the most recent

 

inspection of the premises found no violations of the this act and

 

the multiple dwelling or rooming house has not changed ownership

 

during the 6-year period.

 

     (3) An inspection shall be conducted in the manner best

 

calculated to secure compliance with the this act and appropriate

 

to the needs of the community, including, but not limited to, on 1

 

or more of the following bases:

 

     (a) An area basis, such that under which all the regulated

 

premises in a predetermined geographical area will be are inspected

 

simultaneously, or within a short period of time.

 

     (b) A complaint basis, such that under which premises that are

 

the subject of complaints of violations will be are inspected

 

within a reasonable time.

 

     (c) A recurrent violation basis, such that under which

 

premises that are found to have a high incidence of recurrent or

 

uncorrected violations will be are inspected more frequently.

 

     (d) A compliance basis, such that under which a premises

 

brought into compliance before the expiration of a certificate of

 

compliance or any requested repair order may be issued a

 

certificate of compliance for the maximum renewal certification

 

period authorized by the local governmental unit.

 

     (e) A percentage basis, such that under which a local

 

governmental unit may establish establishes a percentage of units

 

in a multiple dwelling to be inspected in order to issue a

 


certificate of compliance for the multiple dwelling.

 

     (4) An inspection shall be carried out by the enforcing

 

agency, or by the enforcing agency and representatives of other

 

agencies that form a team to undertake an inspection under this and

 

other applicable acts.

 

     (5) Except as provided in subsection (7) and this subsection,

 

an inspector, or team of inspectors, shall request and receive

 

permission to enter before entering a leasehold regulated by this

 

act at reasonable hours to undertake an inspection. In the case of

 

an emergency, as defined under rules promulgated by the enforcing

 

agency, or upon presentment of a warrant, the inspector or team of

 

inspectors may enter at any time without obtaining permission from

 

the lessee.

 

     (6) Except in an emergency, before Before entering a leasehold

 

regulated by this act, the owner of the leasehold shall request and

 

obtain permission from the lessee to enter the leasehold. In the

 

case of However, in an emergency, including, but not limited to,

 

fire, flood, or other threat of serious injury or death, the owner

 

may enter at any time without obtaining permission from the lessee.

 

     (7) The enforcing agency may require the owner of a leasehold

 

to do 1 or more of the following:

 

     (a) Provide the enforcing agency access to the leasehold if

 

the both of the following requirements are met:

 

     (i) The lease provides the owner a right of entry.

 

     (ii) A lessee has granted permission for the inspection.

 

     (b) Provide access to areas other than a leasehold or areas

 

open to public view, or both.

 


     (c) Notify a tenant the lessee of the enforcing agency's

 

request to inspect a leasehold and the lessee's right to refuse the

 

inspection, make a good faith effort to obtain permission for an

 

inspection, notify the enforcing agency of the lessee's response,

 

and, if the lessee grants permission, arrange for the inspection.

 

If a tenant lessee vacates a leasehold not more than 60 days after

 

the enforcing agency has requested to inspect that leasehold, an

 

the owner of the leasehold shall notify the enforcing agency of

 

that fact within 10 days after the leasehold is vacated.

 

     (d) Provide access to the leasehold if a tenant lessee of that

 

leasehold has made a complaint to the enforcing agency.

 

     (8) A local governmental unit may adopt an ordinance to

 

implement subsection (7).

 

     (9) For multiple lessees in a leasehold, notifying at least 1

 

lessee and requesting and obtaining the permission of at least 1

 

lessee satisfies the notice and permission requirements of

 

subsections (5) and to (7).

 

     (10) Neither the The enforcing agency nor or the owner may

 

shall not discriminate against an occupant on the basis of whether

 

the occupant requests, permits, or refuses entry to the leasehold.

 

This subsection does not apply if the occupant refuses entry in the

 

case of an emergency or upon presentment of a warrant, as provided

 

in subsection (5) or (6).

 

     (11) The enforcing agency shall not discriminate against an

 

owner who has met the requirements of subsection (7) but has been

 

unable to obtain the permission of the occupant, based on the

 

owner's inability to obtain that permission.

 


     (12) The enforcing agency may establish and charge a

 

reasonable fee for inspections conducted under this act. The fee

 

shall not exceed the actual, reasonable cost of providing the

 

inspection for which the fee is charged. Payment of the inspection

 

fee is due upon completion of the inspection. However, if new

 

construction will be inspected or if the premises have been

 

transferred to a new owner since the last inspection of all or part

 

of the premises, payment of the inspection fee is due before the

 

inspection is conducted. An owner or property manager shall is not

 

be liable for an inspection fee if the inspection is not performed

 

and the enforcing agency is the direct cause of the failure to

 

perform.

 

     (13) An If requested, an enforcing agency or a local

 

governmental unit shall produce a report to a requesting party on

 

the income and expenses of the inspection program for the preceding

 

fiscal year. The report shall contain state the amount of the fees

 

assessed by the enforcing agency, the costs incurred in performing

 

inspections, and the number of units inspected. The report shall be

 

provided to the requesting party within 90 days of after the

 

request. The enforcing agency or local governmental unit may

 

produce the report electronically. If the enforcing agency does not

 

have readily available access to the information required for the

 

report, the enforcing agency may charge the requesting party a fee

 

no greater than the actual reasonable cost of compiling and

 

providing the information. If an enforcing agency charges a fee

 

under this subsection, the enforcing agency shall include in the

 

report the costs of providing and compiling the information.

 


contained in the report.

 

     (14) If a complaint identifies a dwelling or rooming house

 

regulated under this act in which a child is residing, the dwelling

 

or rooming house shall be inspected prior to inspection of any

 

nonemergency complaint.

 

     (15) As used in this section:

 

     (a) "Child" means an individual under 18 years of age.

 

     (b) "Leasehold" means a private dwelling or separately

 

occupied apartment, suite, or group of rooms in a 2-family dwelling

 

or in a multiple dwelling if the private dwelling or separately

 

occupied apartment, suite, or group of rooms is leased to the

 

occupant under the terms of either an oral or written lease.