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SB-0185, As Passed Senate, March 10, 2010

SUBSTITUTE FOR

SENATE BILL NO. 185

A bill to amend 1972 PA 348, entitled

"An act to regulate relationships between landlords and tenants

relative to rental agreements for rental units; to regulate the

payment, repayment, use and investment of security deposits; to

provide for commencement and termination inventories of rental

units; to provide for termination arrangements relative to rental

units; to provide for legal remedies; and to provide penalties,"

(MCL 554.601 to 554.616) by adding section 1b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 1b. (1) A tenant who has a reasonable apprehension of

2 present danger to the tenant or his or her child from domestic

3 violence, sexual assault, or stalking while that person is a

4 tenant shall be released from his or her rental payment

5 obligation in accordance with the requirements of this section

6 after submittal of written notice of his or her intent to seek a

7 release and written documentation that the tenant has a

1 reasonable apprehension of present danger to the tenant or his or

2 her child from domestic violence, sexual assault, or stalking.

3 Submittal of written notice shall be made by certified mail. A

4 rental agreement may contain a provision stating "A tenant who

5 has a reasonable apprehension of present danger to him or her or

6 his or her child from domestic violence, sexual assault, or

7 stalking may have special statutory rights to seek a release of

8 rental obligation under MCL 554.601b.". If the rental agreement

9 does not contain such a provision, the landlord shall post

10 written notice visible to a reasonable person in the landlord's

11 property management office or deliver written notice to the

12 tenant when the lease agreement is signed. The content of the

13 written notice shall be identical to the provision in this

14 section.

15 (2) The tenant shall include in the submittal required under

16 subsection (1) a written statement that the tenant or a child of

17 the tenant has a reasonable apprehension of present danger from

18 domestic violence, sexual assault, or stalking. For purposes of

19 releasing a tenant from his or her obligation to pay rent, the

20 tenant is released from an obligation to pay rent no later than

21 the first day of the second month that rent is due after notice

22 is given. A release of a rental obligation under this section

23 does not apply to prepaid amounts, including, but not limited to,

24 prepayment of first and last months' rent. A release of rental

25 obligation under this section does not take effect before the

26 tenant vacates the premises. Nothing in this section shall

27 prevent a landlord from withholding security deposits pursuant to

1 section 13(1)(d). This subsection does not affect other sums that

2 may be withheld by the landlord under this act or other

3 applicable law.

4 (3) The requirement in subsection (1) that a tenant provide

5 written documentation that the tenant has a reasonable

6 apprehension of present danger to the tenant or his or her child

7 from domestic violence, sexual assault, or stalking is satisfied

8 by providing 1 or more of the following written documents to the

9 landlord:

10 (a) A valid personal protection order or foreign protection

11 order as defined in section 2950h of the revised judicature act

12 of 1961, 1961 PA 236, MCL 600.2950h, or an order removing an

13 abusive person from a home under MCL 712A.13a(4), issued by a

14 court of competent jurisdiction that remains in effect on the

15 date of submittal.

16 (b) A valid probation order, conditional release order, or

17 parole order that is still in effect on the date of submittal if

18 the probation order, conditional release order, or parole order

19 indicates that the individual subject to the order is subject to

20 conditions reasonably necessary to protect the tenant or child of

21 the tenant, including a condition that the individual is to have

22 no contact with the tenant or child of the tenant.

23 (c) A written police report that has resulted in the filing

24 of charges by the prosecuting attorney that has jurisdiction over

25 the matter if the charges were filed not more than 14 days before

26 submittal of the written notice required under subsection (1).

27 (d) A written police report that has resulted in the filing

1 of charges by the prosecuting attorney that has jurisdiction over

2 the matter if the charges were filed more than 14 days before

3 submittal of the written notice required under subsection (1). A

4 tenant who uses a police report under this subdivision shall

5 demonstrate a verifiable threat of present danger from domestic

6 violence, sexual assault, or stalking. Filing of the form under

7 subdivision (e) shall be a demonstration of a verifiable threat

8 of present danger from domestic violence, sexual assault, or

9 stalking.

10 (e) Submittal to the landlord of a report that is verified

11 by a qualified third party in substantially the following form:

12	..............................................................
13	[Name of organization, agency, clinic, professional service
14	provider]
15	I and/or my .......(child) have/has a
16	reasonable apprehension of present danger from
17	... domestic violence as defined by MCL 400.1501.
18	... sexual assault as defined by MCL 750.520a to
19	750.520l.
20	... stalking as defined by MCL 750.411h or 750.411i.
21	Briefly describe the incident giving rise to the
22	reasonable apprehension of domestic violence, sexual assault,
23	or stalking: ................................................
24	..............................................................
25	The incident(s) that I rely on in support of this
26	declaration occurred on the following date(s) and
27	time(s): ........ and at the following location(s): ........
28	..............................................................
29	The incident(s) that I rely on in support of this

1	declaration was/were committed by the following person(s), if
2	known:
3	..............................................................
4	I state under penalty of perjury under the laws of the
5	state of Michigan that the foregoing is true and correct.
6	By submitting this statement I do not waive any legally
7	recognized privilege protecting any communications that I
8	may have with the agency or representative whose name
9	appears below or with any other person or entity. I understand
10	that my obligation to pay rent will end no later than the first
11	day of the second month that rent is due after I give notice.
12	My obligation to pay rent does not end until I vacate the
13	premises. I understand that my landlord may keep prepaid
14	amounts, including first and last months' rent and all or part
15	of my security deposit or other amounts as allowed under law.
16	Dated at ......... (city) ..., Michigan, this ... day of ....,
17	20...
18	..........................
19	Signature of Tenant or
20	Household Member
21	I verify under penalty of perjury under the laws
22	of the state of Michigan that I have provided services to
23	the person whose signature appears above and that, based on
24	information communicated to me by the person whose signature
25	appears above, the individual has a reasonable apprehension
26	of present danger to the individual or his or her child
27	from domestic violence, sexual assault, or stalking, and
28	that the individual informed me of the name of the alleged
29	perpetrator of the actions, giving rise to the apprehension if
30	known. This verification does not waive any legally recognized
31	privilege that I, my agency, or any of its representatives
32	have with the person whose signature appears above.

1	Dated this ... day of ...., 20...
2	............................
3	Signature of authorized
4	officer/employee of
5	(organization, agency,
6	clinic, professional
7	service provider)
8	............................
9	License number or organizational
10	tax identification number
11	............................
12	Organization name
13	............................
14	Printed address

15 (4) The landlord shall reveal forwarding address information

16 submitted by the tenant to other individuals only as reasonably

17 necessary to accomplish the landlord's regular and ordinary

18 business purpose. The landlord shall not intentionally reveal

19 forwarding address information or documentation submitted by the

20 tenant under this section to the person that the tenant has

21 identified as the source of the reasonable apprehension of

22 domestic violence, sexual assault, or stalking.

23 (5) If a rental agreement obligates multiple tenants to be

24 liable for rental obligations and a tenant is released from his

25 or her rental obligations under this section, all other tenants

26 who are parties to the rental agreement remain subject to the

27 rental agreement.

28 (6) This section applies only to leases entered into,

29 renewed, or renegotiated after the effective date of the

30 amendatory act that added this section.

31 (7) As used in this section:

1 (a) "Child" means the minor child residing with the tenant

2 or an adult child who is a legally incapacitated individual as

3 that term is defined in section 1105 of the estates and protected

4 individuals code, 1998 PA 386, MCL 700.1105.

5 (b) "Domestic violence" means that term as defined in

6 section 1 of 1978 PA 389, MCL 400.1501.

7 (c) "Qualified third party" means 1 or more of the

8 following:

9 (i) A sexual assault or domestic violence counselor.

10 (ii) A health professional licensed or registered under

11 article 15 of the public health code, 1978 PA 368, MCL 333.16101

12 to 333.18838.

13 (iii) A mental health professional as defined in section 100b

14 of the mental health code, 1974 PA 258, MCL 330.1100b.

15 (iv) A member of the clergy, if the clergy member is

16 affiliated with a tax-exempt religious institution under section

17 501(c)(3) of the internal revenue code that is listed in a

18 telephone directory.

19 (d) "Sexual assault" means conduct described in sections

20 520a to 520l of the Michigan penal code, 1931 PA 328, MCL 750.520a

21 to 750.520l.

22 (e) "Sexual assault or domestic violence counselor" means a

23 person who is employed at or who volunteers service at a sexual

24 assault or domestic violence crisis center and who, in that

25 capacity, provides advice, counseling, or other assistance to

26 victims of sexual assault or domestic violence and their

27 families.