June 11, 2015, Introduced by Senator ROBERTSON and referred to the Committee on Local Government.
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 that
are 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 multiple dwellings and rooming houses. If a local
governmental unit elects to inspect multiple dwellings or rooming
houses, the enforcing agency shall inspect multiple dwellings and
rooming houses regulated by this act in accordance with this act.
Except as provided in subsection (2), 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.
(2) 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.
(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.
(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.
(5) Except as provided in subsection (7) 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 without obtaining permission from
the lessee.
(6)
Except in an emergency, before Before
entering a leasehold
regulated by this act, the owner of the leasehold shall request and
obtain
permission from the lessee 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 without obtaining permission from the lessee.
(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, if the lessee grants
permission, 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.
(8) A local governmental unit may adopt an ordinance to
implement subsection (7).
(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 to (7).
(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.
(11) The enforcing agency shall not discriminate against an
owner who has met the requirements of subsection (7) but has been
unable to obtain the permission of the occupant, based on the
owner's inability to obtain that permission.
(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 sooner 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.
(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
costs
of providing and compiling the information. contained in the
report.
(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.
(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.