SB-0107, As Passed Senate, June 22, 2017

SUBSTITUTE FOR

SENATE BILL NO. 107

     A bill to amend 1917 PA 167, entitled

"Housing law of Michigan,"

by amending section 126 (MCL 125.526), as amended by 2016 PA 14.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

inspect a multiple dwelling or rooming house other dwelling unless

the local governmental unit receives a complaint from a lessee of a

violation of this act.

     (2) Subject to subsection (1), the enforcing agency shall

inspect multiple dwellings and rooming houses other dwellings

regulated by this act in accordance with this act. If a local

governmental unit adopts an ordinance providing for inspections of

multiple dwellings or other dwellings on a basis described in

subsection (4)(a), (c), (d), or (e), both of the following apply:

     (3) Subject to subsection (1) and except as provided in

subsection (4), the

     (a) The period between inspections of a multiple dwelling or

rooming house shall not be longer than 4 years, or 6 years if the

most recent inspection of the premises found no violations of this

act and the multiple dwelling or rooming house has not changed

ownership during the 6-year period.

     (b) All other dwellings regulated by this act may be inspected

at reasonable intervals.

     (3) Inspections of multiple dwellings or rooming houses other

dwellings 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 may exercise inspection authority delegated by law

or agreement from other agencies or authorities that perform

inspections required under other state law or federal law.

     (4) Subject to subsection (1), a local governmental unit may

provide by ordinance for a maximum 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 this act and the multiple dwelling or rooming house has not

changed ownership during the 6-year period.

(4) (5) An inspection shall be conducted in the manner best

calculated to secure compliance with 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, under which all the regulated premises in a

predetermined geographical area are inspected simultaneously, or

within a short period of time.

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

subject of complaints of violations are inspected within a

reasonable time.

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

have a high incidence of recurrent or uncorrected violations are

inspected more frequently.

     (d) A compliance basis, 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, under which a local governmental unit

establishes a percentage of units in a multiple dwelling to be

inspected in order to issue a certificate of compliance for the

multiple dwelling.

(5) (6) 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.

(6) (7) Except as provided in subsection (9) and this

subsection, subsections (7) to (9) and (11), an inspector , or team

of inspectors , shall must request and receive permission consent

from the lessee to enter before entering a leasehold regulated by

this act to undertake an inspection. and shall enter at a

reasonable hour. In the case of an emergency, including, but not

limited to, fire, flood, or other threat of serious injury or

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

inspectors may enter at any time.

     (8) Before entering a leasehold regulated by this act, the

owner of the leasehold shall request and obtain permission to enter

the leasehold. 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.

     (9) 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 lease provides the owner a right of entry.

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

open to public view, or both.

     (c) Notify the lessee of the enforcing agency's request to

inspect a leasehold, make a good-faith effort to obtain permission

for an inspection, and arrange for the inspection. If a lessee

vacates a leasehold after the enforcing agency has requested to

inspect that leasehold, 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 lessee of that

leasehold has made a complaint to the enforcing agency.

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

implement subsection (9).

     (7) The owner of a leasehold shall notify the lessee of the

enforcing agency's request to inspect a leasehold, shall make a

good-faith effort to obtain the lessee's consent for an inspection,

and, if the owner obtains the lessee's consent for an inspection,

shall arrange for the inspection by the enforcing agency.

     (8) The owner of a leasehold shall provide the enforcing

agency access to the leasehold for an inspection during reasonable

hours if any of the following apply:

     (a) The lease authorizes an enforcing agency inspector to

enter the leasehold for an inspection.

     (b) The lessee has made a complaint to the enforcing agency.

     (c) The leasehold is vacant.

     (d) The enforcing agency serves an administrative warrant

ordering the owner to provide access.

     (e) The lessee has consented to an inspection under subsection

(7). If a lessee is not present during the inspection, the

enforcing agency may rely on the owner's representation to the

enforcing agency that the lessee has consented to the enforcing

agency's inspection.

     (9) The lessee shall provide the enforcing agency access to

the leasehold for an inspection during reasonable hours if any of

the following apply:

     (a) The lease authorizes an enforcing agency inspector to

enter the leasehold for an inspection.

     (b) The lessee has made a complaint to the enforcing agency.

     (c) The enforcing agency serves an administrative warrant

ordering the lessee to provide access.

     (d) The lessee has given consent.

     (10) If a lessee who refused an inspection by the enforcing

agency vacates a leasehold before an inspection by the enforcing

agency, the owner of the leasehold shall notify the enforcing

agency within 10 days after the leasehold is vacated.

     (11) Before entering a leasehold regulated by this act, the

owner of the leasehold shall request and obtain permission to enter

the leasehold. However, in the case of an emergency, including, but

not limited to, fire, flood, or other threat of serious injury or

death, the owner may enter at any time.

     (12) The owner of a leasehold shall provide access to the

enforcing agency to areas of the multiple dwelling or other

dwelling that are not part of the leasehold or that are open to

public view.

(13) (11) For multiple lessees in a leasehold, notifying at

least 1 lessee and requesting and obtaining the permission consent

of at least 1 lessee satisfies the notice and permission consent

requirements of subsections (6) and (7). to (9).

(14) (12) The enforcing agency or the owner shall not

discriminate against an occupant a lessee on the basis of whether

the occupant requests, permits, lessee consents to or refuses entry

to the leasehold for an inspection by the enforcing agency.

(15) (13) The enforcing agency shall not discriminate against

an owner who has met the requirements of subsection (9) but has

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

owner's inability to obtain that permission.(7) because a lessee

refuses the enforcing agency entry to a leasehold for an inspection

under this act.

(16) (14) 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. An inspection fee is not

required to be paid more than 6 months before the inspection is to

take place. An owner or property manager is not liable for an

inspection fee if the inspection is not performed and the enforcing

agency is the direct cause of the failure to perform the

inspection.

(17) (15) If requested, an enforcing agency or a local

governmental unit shall produce a report on the income and expenses

of the inspection program for the preceding fiscal year. The report

shall 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 after the request is made. 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 not 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 and providing the information.

(18) (16) If a complaint identifies a multiple dwelling or

rooming house other dwelling regulated under this act in which a

child an individual under 18 years of age is residing, the dwelling

or rooming house shall be inspected prior to inspection of any

before any inspection in response to a nonemergency complaint.

     (17) 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 an oral or written lease.

     (19) Subject to section 8, a local governmental unit may adopt

an ordinance to implement this section.

     (20) When used in this act as a noun, "lease" means a written

or unwritten agreement or contract that sets forth the terms and

conditions, rights and obligations of each party with respect to a

residential dwelling, dwelling unit, rooming unit, building,

premises, or structure that is not occupied by the owner of record.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.