January 10, 2018, Introduced by Reps. Gay-Dagnogo, Sabo, Wittenberg, Chang, Elder, Chirkun, Yancey, Green, Neeley, Peterson, Garrett and Robinson and referred to the Committee on Judiciary.
A bill to amend 1917 PA 167, entitled
"Housing law of Michigan,"
by amending sections 126, 130, and 134 (MCL 125.526, 125.530, and
125.534), section 126 as amended by 2016 PA 14 and section 134 as
amended by 2003 PA 80.
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 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 regulated by this act
in accordance with this act.
(3) Subject to subsection (1) and except as provided in
subsection (4), 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 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.
(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.
(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.
(7) Except as provided in subsection (9) and this subsection,
an inspector, or team of inspectors, shall request and receive
permission 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).
(11) 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 (7) to (9).
(12) The enforcing agency or the owner shall not discriminate
against an occupant on the basis of whether the occupant requests,
permits, or refuses entry to the leasehold.
(13) The enforcing agency shall not discriminate against an
owner
who has met the requirements of subsection (9) (9)(c) but
has
been
unable to obtain the permission of the occupant, lessee, based
on the owner's inability to obtain that permission.
(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, including, but not limited
to, the cost of an inspection as defined in section 5457 of the
public health code, 1978 PA 368, MCL 333.5457, if required under
section 129. 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.
(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 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.
(16) 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.
(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.
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 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 be issued on condition
that the premises remain in safe, healthful, and fit condition for
occupancy. If upon reinspection the enforcing agency determines
that conditions exist which constitute a hazard to health or
safety, the certificate shall be immediately suspended as to
affected areas, and the areas may be vacated as provided in
subsection (1).
(3)
The duty to pay rent in accordance with the terms of under
any
lease, or agreement, or under the provisions
of any statute
shall
be is suspended and the suspended rentals rent shall
be paid
into an escrow account as provided in subsection (4), 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 apply for a temporary
certificate, as provided in section 131. Nor does this subsection
apply
where if the owner establishes that the conditions which
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
if 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, including, but not limited to, the cost
of abatement as defined in section 5453 of the public health code,
1978 PA 368, MCL 333.5453. The enforcing agency shall return any
unexpended part of sums paid under this section, attributable to
the
unexpired portion of the rental period, where if the
occupant
terminates
his the tenancy or right to occupy prior to the
undertaking to repair.
(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 and
for possession of the premises for nonpayment of rent may be
maintained,
subject to such any defenses as the tenant or occupant
may have upon the lease or contract.
Sec. 134. (1) If the owner or occupant fails to comply with
the order contained in the notice of violation, the enforcing
agency may bring an action to enforce this act and to abate or
enjoin the violation.
(2) An owner or occupant of the premises upon which a
violation exists may bring an action to enforce this act in his or
her own name. Upon application by the enforcing agency, or upon
motion
of the party filing the complaint, the local enforcing
agency may be substituted for, or joined with, the complainant in
the discretion of the court.
(3) If the violation is uncorrected and creates an imminent
danger to the health and safety of the occupants of the premises,
or if there are no occupants and the violation creates an imminent
danger to the health and safety of the public, the enforcing agency
shall file a motion for a preliminary injunction or other temporary
relief appropriate to remove the danger during the pendency of the
action.
(4) Owners and lienholders of record or owners and lienholders
ascertained by the complainant with the exercise of reasonable
diligence shall be served with a copy of the complaint and a
summons. The complainant shall also file a notice of the pendency
of the action with the appropriate county register of deeds office
where the premises are located.
(5)
The court of jurisdiction shall make orders and
determinations consistent with the objectives of this act. The
court may enjoin the maintenance of unsafe, unhealthy, or
unsanitary conditions, or violations of this act, and may order the
defendant to make repairs or corrections necessary to abate the
conditions, including, but not limited to, abatement as defined in
section 5453 of the public health code, 1978 PA 368, MCL 333.5453.
The court may authorize the enforcing agency to repair or to remove
the building or structure. If an occupant is not the cause of an
unsafe, unhealthy, or unsanitary condition, or a violation of this
act, and is the complainant, the court may authorize the occupant
to correct the violation and deduct the cost from the rent upon
terms the court determines just. If the court finds that the
occupant is the cause of an unsafe, unhealthy, or unsanitary
condition, or a violation of this act, the court may authorize the
owner to correct the violation and assess the cost against the
occupant or the occupant's security deposit.
(6) A building or structure shall not be removed unless the
cost of repair of the building or structure will be greater than
the state equalized value of the building or structure except in an
urban
core cities city or local units unit of government that are
is
adjacent to or contiguous to an urban
core city that have has
adopted stricter standards to expedite the rehabilitation or
removal of a boarded or abandoned building or structure that
remains
either vacant or boarded, or both, and if a significant
attempt has not been made to rehabilitate the building or structure
for a period of 24 consecutive months.
(7) If the expense of repair or removal is not provided for,
the court may enter an order approving the expense and placing a
lien on the real property for the payment of the expense. The order
may establish and provide for the priority of the lien as a senior
lien, except as to tax and assessment liens, and except as to a
recorded mortgage of first priority, recorded prior to all other
liens of record if, at the time of recording of that mortgage or at
a time subsequent, a certificate of compliance as provided for in
this act is in effect on the subject property. The order may also
specify the time and manner for foreclosure of the lien if the lien
is not satisfied. A true copy of the order shall be filed with the
appropriate
county register of deeds office for the county where
the real property is located within 10 days after entry of the
order to perfect the lien granted in the order.
(8) This act does not preempt, preclude, or interfere with the
authority of a municipality to protect the health, safety, and
general welfare of the public through ordinance, charter, or other
means.
(9)
As used in this section, "urban core cities" city" means a
qualified
local governmental units unit
as that term is defined in
section 2 of the obsolete property rehabilitation act, 2000 PA 146,
MCL 125.2782.