SENATE BILL No. 313

 

 

April 11, 2013, Introduced by Senator ROBERTSON and referred to the Committee on Local Government and Elections.

 

 

 

     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, the provisions of this act relating to private dwellings

 

and 2-family dwellings does do not apply to 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 to provisions that

 

reference 1 or more specific classes of dwellings , those

 

provisions shall apply 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 shall maintain a registry

 

of owners and premises regulated by this act. shall be maintained

 

by the enforcing agency.

 

     (2) The owners owner of a multiple dwelling or rooming house

 

containing units which will be that are offered to let, or to hire,

 

for lease 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. to be leased. 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.

 

lease.

 

     (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).

 

     (4) The enforcing agency may charge the owner a registration

 

fee of not more than $100.00 to register the premises under

 

subsection (2). The registration remains valid and the enforcing

 

agency shall not charge a new registration fee for the premises as

 

long as the same owner continues to own the premises. Upon sale or

 

other transfer of ownership of the premises, the new owner shall

 

reregister the premises if required under subsection (2) and, if

 

the premises are reregistered, the enforcing agency may charge a

 

new registration fee.

 

     (5) As used in this section, "registration fee" means any fee

 

associated with the registration of premises under subsection (2),

 

whether designated as a registration, administrative, compliance

 

certification, licensing, or other fee.

 

     Sec. 126. (1) 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) or (4)(b), the

 

period between inspections of multiple dwellings and rooming houses

 

shall not be longer than 4 be not less than 6 years or longer than

 

10 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 under the real estate

 

assessment center inspection process or 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 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 10 years if the most recent

 

inspection of the premises found no violations of the act and the

 

multiple dwelling or rooming house has not changed ownership during

 

the 6-year maximum period.

 

     (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 a local enforcing agency as a substitute for

 


inspections required by the 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) (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 complaints of

 

violations will be are inspected within a reasonable time.

 

     (c) A recurrent violation basis, such that premises that are

 

found to have a high incidence of recurrent or uncorrected

 

violations will be inspected more frequently.

 

     (c) (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.

 

     (d) (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), an inspector, or

 

team of inspectors, shall request and receive permission to enter

 

before entering may enter a leasehold regulated by this act to

 

perform an inspection only at reasonable hours to undertake an

 

inspection. and after both informing a lessee of the lessee's right

 

to refuse an inspection and requesting and obtaining permission for

 

the inspection from the lessee. In the case of an emergency, as

 

defined under rules promulgated by the enforcing agency, or upon

 

presentment of a warrant, the inspector or team of inspectors may

 

enter at any time.

 

     (6) Except in an emergency, before entering a leasehold

 

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

 

obtain permission from a lessee to enter the leasehold. In the case

 

of an emergency, including, but not limited to, fire, flood, or

 

other threat of serious injury or death, the owner may enter at any

 

time.

 

     (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 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

 

tenant lessee vacates a leasehold not more than 60 days 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 (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 be the lesser of the following:

 

     (a) The actual, reasonable cost of providing the inspection

 

for which the fee is charged.

 

     (b) A fee of not more than $40.00 per leasehold if individual

 

leaseholds or individual leaseholds and interior common areas are

 


inspected, or a fee of not more than $75.00 per multiple dwelling

 

building if only interior common areas or exterior features, or

 

both, are inspected. The enforcing agency shall not charge both a

 

per-leasehold fee and a per-multiple-dwelling-building fee for

 

inspecting a given multiple dwelling building.

 

     (13) An enforcing agency shall not charge an additional fee

 

under subsection (12) for a first reinspection. 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.

 

     (14) (13) An enforcing agency or a local governmental unit

 

shall produce a report to for 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. 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 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 the costs of

 

providing and compiling the information contained in the report.

 

     (15) (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.

 

     (16) (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.