February 7, 2017, Introduced by Senators JONES, HANSEN and MARLEAU and referred to the Committee on Local Government.
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) An enforcing agency shall inspect multiple
dwellings and rooming houses regulated by this act in accordance
with this act.
(2)
(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), If a local governmental
unit adopts an ordinance
providing for inspections of multiple dwellings or rooming houses
on a basis described in subsection (4)(a), (c), (d), or (e), 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. All other dwellings regulated by this act may be
inspected at reasonable intervals.
(3) 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.
(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 (9) and (11), an inspector
, or team of
inspectors ,
shall must request and receive permission 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 permission for an
inspection, and, if the owner obtains the lessee's permission for
an inspection, shall arrange for the inspection.
(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.
(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.
(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) In the case of an emergency, including, but not limited
to, fire, flood, or other threat of serious injury or death, the
owner or enforcing agency may enter a leasehold at any time without
obtaining permission from the lessee.
(12) The owner of a leasehold shall provide access to the
enforcing agency to areas of the 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 of at
least 1 lessee satisfies the notice and permission 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, lessee permits
, 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
dwelling or rooming
house
regulated under this act in which a child an individual under
18
years of age is residing, the dwelling
or rooming house shall
must
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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.