January 27, 2015, Introduced by Reps. Banks, Gay-Dagnogo, Byrd, Garrett, Dillon, Zemke, Durhal, Neeley, Sarah Roberts, Greig, Talabi and Chang and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 5475a (MCL 333.5475a), as added by 2004 PA 434;
and to repeal acts and parts of acts.
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 shall not rent or
continue
to rent a residential housing unit
to a family with a
minor
child who is found to have 10 micrograms or more of lead per
deciliter
of venous blood is subject to the penalties provided
under
subsection (3) the rental
unit if all of the following apply:
(a)
The For at least 90 days,
the property manager, housing
commission,
or owner of the rental unit has prior had actual
knowledge that the rental unit contains a lead-based paint hazard.
(b)
At least ninety days have passed since the property
manager,
housing commission, or owner of the rental unit had actual
knowledge
of the lead paint hazard.
(b) (c)
The property manager, housing
commission, or owner of
the rental unit has not acted in good faith to reduce the lead
paint hazards through interim controls or abatement or a
combination of interim controls and abatement.
(2)
A For purposes of
subsection (1), a property manager,
housing
commission, or owner of the rental unit is presumed shall
be
considered to have prior actual
knowledge that a unit contains a
lead-based paint hazard only if 1 or more of the following
applies:apply:
(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 part when 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
part with notice of the hazard by first-class mail, and
if
a return receipt of that service was obtained, or by personal
service.
(c) The rental unit is target housing and the property owner
has not had a risk assessment conducted under this part.
(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) A property manager, housing commission, or owner of a
rental unit who violates this section is liable for all of the
following:
(a) Damages sustained, as a result of the violation, by a
minor child found to have 10 micrograms or more of lead per
deciliter of venous blood.
(b) Costs.
(c) Reasonable attorney fees.
(5) (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,
under subsection (3) or an action under subsection (4) 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 did
all of the following:
(i) Requested or contracted with a person having responsibility
for maintaining the rental unit to reduce the hazard through
interim
controls or abatement. and reasonably
(ii) Reasonably expected that the hazard would be reduced.
(iii) Took reasonable action to confirm that interim controls or
abatement were completed.
(b) That the property manager, housing commission, or owner of
the rental unit sought to enter the premises consistent with
Michigan law and the terms of the rental agreement but the tenant
would not allow entry into or upon premises where the hazard is
located or otherwise interfered with correcting the hazard.
(6) (5)
As used in this section:
(a) "Property manager" means a person who engages in property
management as 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.
(b) "Rental unit" includes all of the following to which a
tenant has access under a rental agreement:
(i) Common areas including hallways, laundry rooms, and
community rooms if the rental unit is in a multifamily dwelling.
(ii) Attached structures such as porches and stoops.
(iii) Accessory structures such as garages, storage sheds,
fences, and nonagricultural or noncommercial outbuildings.
Enacting section 1. Section 5474b of the public health code,
1978 PA 368, MCL 333.5474b[1], is repealed.