SB-0394, As Passed House, January 26, 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.]