SB-0394, As Passed Senate, January 28, 2016

SUBSTITUTE FOR

SENATE BILL NO. 394

     A bill to amend 1917 PA 167, entitled

"Housing law of Michigan,"

by amending sections 1, 125, and 126 (MCL 125.401, 125.525, and

125.526), sections 1 and 126 as amended by 2008 PA 408.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. (1) This act shall be known and may be cited as the

"housing law of Michigan". and shall apply

     (2) This act applies to every each city, and organized

village, in this state which, by and township that, according to

the last regular or special federal census, had has a population of

100,000 10,000 or more. , and to every city or village as its

population shall reach 100,000 thereafter and also to that

territory immediately adjacent and contiguous to the boundaries of

such a city or village and extending for a radial distance of 2-1/2

miles beyond their boundaries in all directions. This act shall

also apply to any city and organized village in this state which,

as determined by the last regular or special federal census, has or

shall hereafter attain a population of 10,000 or more. This

However, this act relating does not apply to private dwellings and

2-family dwellings does not apply to in any city, or organized

village, lying outside the 2-1/2 mile radius and or township having

a population of less than 100,000 unless the legislative body of

the city or village local governmental unit adopts the provisions

by resolution , passed by a majority vote of the its members. elect

of the legislative body, adopt the provisions. In the case of

charter townships and townships the provisions of this act relating

to private dwellings and 2-family dwellings may be applied to those

areas by ordinance of the respective township board adopting the

provisions.

     (3) This act applies to all dwellings within the classes

defined in the following sections, section 2, except that in

sections where specific reference is made a reference to 1 or more

specific classes of dwellings , those provisions shall apply

applies only to those classes to which specific reference is made.

All other provisions that relate to dwellings shall apply to all

classes of dwellings.

     Sec. 125. (1) A The enforcing agency may maintain a registry

of owners and premises shall be maintained by the enforcing

agency.regulated by this act.

     (2) The owners If the enforcing agency maintains a registry of

owners and premises, the owner of a multiple dwelling or rooming

house containing units which will be offered to let, or to hire,

for more than 6 months of a calendar year , shall register their

names and places of with the enforcing agency the owner's name, the

address of the owner's residence or usual places place of business,

and the location of the premises regulated by this act with the

enforcing agency. multiple dwelling or rooming house. The owners

owner shall register within 60 days following the day on which any

part of the premises is offered for occupancy. Owners of multiple

dwellings or rooming houses containing units which are occupied or

offered for occupancy at the time this act becomes effective shall

register within 90 days after the effective date of this article.

     (3) If the premises are managed or operated by an agent, the

agent's name and place of business shall be placed entered with the

name of the owner in the registry under subsection (2).

     Sec. 126. (1) The 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. Except

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

subsection (2), (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 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 is authorized to 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) (2) A 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 the this act and the multiple dwelling or rooming

house has not changed ownership during the 6-year period.

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

calculated to secure compliance with the 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, such that under which all the regulated

premises in a predetermined geographical area will be are inspected

simultaneously, or within a short period of time.

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

the subject of complaints of violations will be are inspected

within a reasonable time.

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

premises that are found to have a high incidence of recurrent or

uncorrected violations will be are inspected more frequently.

     (d) A compliance basis, such that 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, such that under which a local

governmental unit may establish 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) (4) 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) (5) Except as provided in subsection (7) (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 at reasonable hours to undertake an inspection and

shall enter at a reasonable hour. In the case of an emergency, as

defined under rules promulgated by the enforcing agency, 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) (6) Except in an emergency, before Before entering a

leasehold regulated by this act, the owner of the leasehold shall

request and obtain permission to enter the leasehold. In the case

of 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) (7) 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 a tenant the lessee of the enforcing agency's

request to inspect a leasehold, make a good faith good-faith effort

to obtain permission for an inspection, and arrange for the

inspection. If a tenant lessee vacates a leasehold after the

enforcing agency has requested to inspect that leasehold, an 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 tenant lessee of that

leasehold has made a complaint to the enforcing agency.

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

implement subsection (7).(9).

(11) (9) 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 (5) and (7).(7) to (9).

(12) (10) Neither the The enforcing agency nor or the owner

may shall not discriminate against an occupant on the basis of

whether the occupant requests, permits, or refuses entry to the

leasehold.

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

an owner who has met the requirements of subsection (7) (9) but has

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

owner's inability to obtain that permission.

(14) (12) 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 shall is not be 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) (13) An If requested, an enforcing agency or a local

governmental unit shall produce a report to a requesting party on

the income and expenses of the inspection program for the preceding

fiscal year. The report shall contain 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 of 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 no 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

Senate Bill No. 394 as amended January 21, 2016

costs of providing and compiling the information. contained in the

report.

(16) (14) 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) (15) 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 the terms of either an oral or written lease.

[Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.]