HOUSE BILL No. 5756


     February 27, 2002, Introduced by Rep. Ruth Johnson and referred to the Committee on Regulatory Reform.


        A bill to amend 1917 PA 167, entitled

   "Housing law of Michigan,"

   by amending the title and sections 8, 10, 125, 127, 129, 130,

   131, 133, and 141 (MCL 125.408, 125.410, 125.525, 125.527,

   125.529, 125.530, 125.531, 125.533, and 125.541), the title and

   section 141 as amended by 1992 PA 144; and to repeal acts and

   parts of acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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                                      TITLE

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             An act to promote the health, safety and welfare of the

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        people by regulating the maintenance, alteration, health, safety,

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        and improvement of dwellings;  to define the classes of dwellings

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        affected by the act, and  to establish administrative

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        requirements; to prescribe procedures for the maintenance,

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        improvement, or demolition of certain commercial buildings; to


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        establish remedies; TO PROVIDE FOR A MAINTENANCE CODE; to provide

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        for enforcement; to provide for the demolition of certain dwell-

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        ings; and to fix penalties for the violation of this act.

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             Sec. 8.  (1)  Minimum requirements; law not to be modified.

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        The provisions of  the  THIS act  shall be held to be  ARE the

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        minimum requirements adopted for the protection of health,

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        welfare, and safety of the community.  Nothing  herein  contained

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        IN THIS ACT shall  be deemed to  invalidate existing ordinances

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        or regulations of  any  A city, TOWNSHIP, or  organized  village

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         or the board of health of any such city or village  imposing

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        requirements  higher than  BEYOND the minimum requirements  laid

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        down in  IMPOSED PURSUANT TO this act relative to light, ventila-

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        tion, sanitation, fire prevention, egress, occupancy,

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        maintenance, and uses for dwellings;  nor be deemed to  DO NOT

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        prevent  any  A city, TOWNSHIP, or  organized  village  or
    the

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        board of health of any such city or village  from enacting  and

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        putting in force from time to time  ordinances and regulations

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        imposing requirements  higher than  BEYOND the minimum require-

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        ments  laid down in  UNDER this act TO ADDRESS LOCAL CONDITIONS

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        THAT ARE FOUND TO AFFECT THE PUBLIC HEALTH, SAFETY, AND WELFARE;

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         nor shall anything herein contained be deemed to  AND DO NOT

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        prevent  such  cities, TOWNSHIPS, and  organized  villages
     or

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        the board of health of any such city or village  from prescribing

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        for the enforcement of  such  ordinances and regulations, reme-

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        dies and penalties similar to those prescribed  herein  IN THIS

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        ACT.   And every such  A city, TOWNSHIP, and  organized  village

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         or the board of health of any such city or village  is empowered



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        to enact such ordinances and regulations and to prescribe for

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        their enforcement.  No ordinance, regulation, ruling, or decision

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        of  any municipal  A body  ,  OR officer  of authority of
    the

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        board of health  of  any such  A city, TOWNSHIP, or village shall

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        repeal, amend, modify, or dispense with any of the  said  minimum

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        requirements  laid down in  IMPOSED PURSUANT TO this act  ;

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        except that, in order that the provisions of this act may be rea-

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        sonably applied, public health and safety secured, and substan-

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        tial justice done, in instances where practical difficulties are

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        encountered or unnecessary and unreasonable hardship result from

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        the application of the strict letter of the law, the decision of

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        a board of appeals  , as hereinafter provided and regulated shall

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        be  IS considered as the reasonable application of the intent of

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        this act.

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             (2) BEGINNING THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT

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        ADDED THIS SUBSECTION AND UPON THE EXPIRATION OF THE TIME PERIOD

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        DESCRIBED IN SECTION 10, AN EXISTING DWELLING SHALL COMPLY WITH

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        THE APPLICABLE PORTION OF THE PROPERTY MAINTENANCE CODE.

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             (3) THIS ACT AND THE PROPERTY MAINTENANCE CODE APPLY

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        THROUGHOUT THE STATE, EXCEPT THAT A GOVERNMENTAL SUBDIVISION MAY

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        ELECT TO SUPPLEMENT CERTAIN PARTS OF THE PROPERTY MAINTENANCE

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        CODE BY ADOPTING AND ENFORCING STANDARDS TO ADDRESS LOCAL CONDI-

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        TIONS THAT ARE FOUND TO AFFECT THE PUBLIC HEALTH, SAFETY, AND

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        WELFARE OF CITIZENS BEYOND THE STANDARDS CONTAINED IN THE PROP-

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        ERTY MAINTENANCE CODE.  A GOVERNMENTAL SUBDIVISION MAY MAKE THIS

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        ELECTION BY ENACTING AN ORDINANCE ADOPTING THOSE STANDARDS.  A

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        GOVERNMENTAL SUBDIVISION ADOPTING STANDARDS BEYOND THOSE



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        CONTAINED IN THE PROPERTY MAINTENANCE CODE SHALL REVIEW AND, IF

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        NECESSARY, UPDATE ITS ORDINANCE AT LEAST ONCE EVERY 3 YEARS TO

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        ENSURE THAT THE STANDARDS ARE APPROPRIATE.  AN AMENDMENT BECOMES

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        EFFECTIVE 90 DAYS AFTER PASSAGE OF THE ORDINANCE.  IN ADOPTING

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        THOSE STANDARDS, A GOVERNMENTAL SUBDIVISION SHALL MAKE A FINDING

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        THAT THE LOCAL STANDARD IS NECESSARY TO PROTECT THE PUBLIC

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        HEALTH, SAFETY, AND WELFARE.  THIS SECTION DOES NOT REQUIRE A

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        GOVERNMENTAL SUBDIVISION TO REENACT AN ORDINANCE.

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             (4) AS USED IN THIS ACT:

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             (A) "GOVERNMENTAL SUBDIVISION" MEANS THAT TERM AS DEFINED IN

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        SECTION 2A OF THE STILLE-DEROSSETT-HALE SINGLE STATE CONSTRUCTION

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        CODE ACT, 1972 PA 230, MCL 125.1502A.

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             (B) "PROPERTY MAINTENANCE CODE" MEANS THAT TERM AS DEFINED

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        IN SECTION 2A OF THE STILLE-DEROSSETT-HALE SINGLE STATE CONSTRUC-

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        TION CODE OF 1972, 1972 PA 230, MCL 125.1502A.

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             Sec. 10.   Time for compliance.  All improvements specifi-

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        cally required by this act upon dwellings erected prior to the

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        date of its passage shall be made within 1 year  from said  AFTER

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        THAT date  ,  or at  such  AN earlier period as may be fixed by

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        the  health officer or other  authorized enforcement official.

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             Sec. 125.   (1)  A registry of RESIDENTIAL RENTAL PROPERTY

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        owners and premises shall be COMPILED AND maintained by the

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        enforcing agency.

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

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        taining units which will be offered to let, or to hire, for more

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        than 6 months of a calendar year, shall register their names and

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        places of residence or usual places of business and the location



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        of the premises regulated by this act with the enforcing agency.

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        The owners shall register within 60 days following the day on

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        which any part of the premises is offered for occupancy.  Owners

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        of multiple dwellings or rooming houses containing units which

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        are occupied or offered for occupancy at the time this act

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        becomes effective shall register within 90 days after the effec-

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        tive date of this article.

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

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

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        of the owner in the registry.

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             Sec. 127.  (1) In a nonemergency situation where the owner

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        or occupant demands a warrant for inspection of the premises, the

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        enforcing agency shall obtain a warrant from a court of competent

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        jurisdiction.  The enforcing agency shall prepare the warrant,

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        stating the address of the building to be inspected, the nature

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        of the inspection, as defined in this or other applicable acts,

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        and the reasons for the inspection.  It  shall be  IS appropriate

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        and sufficient to set forth the basis for inspection  (e.g.

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        INCLUDING, BUT NOT LIMITED TO, PERIODIC, complaint, area, or

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        recurrent violation basis,  )  AS established in this section, in

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        other applicable acts, or in rules.  or regulations.  The warrant

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        shall also state that it is issued pursuant to this section  ,

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        and that it is for the purposes set forth in this and other acts

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         which  THAT require  that  CONDUCTING inspections.  be

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        conducted.







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             (2) If the court finds that the warrant is in proper form

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        and in  accord  COMPLIANCE with this section, it shall  be issued

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        forthwith  IMMEDIATELY ISSUE THE WARRANT.

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             (3) In the event of an emergency,  no  A warrant  shall be

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        IS NOT required.

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             Sec. 129.  (1) Units in  multiple  dwellings  or rooming

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        houses  shall not be occupied unless a certificate of compliance

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        has been issued by the enforcing agency.  The certificates shall

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        be issued only upon an inspection of the premises by the enforc-

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        ing agency, except as provided in section 131.  The certificate

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        shall be issued within 15 days after written application

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         therefor  FOR THE CERTIFICATE if the dwelling at the date of the

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        application is entitled  thereto  TO A CERTIFICATE.

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             (2) A violation of this act  shall  DOES not prevent the

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        issuance of a certificate  , but  EXCEPT THAT the enforcing

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        agency shall not issue a certificate  when  IF the existing

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         conditions constitute  CONDITION CONSTITUTES a hazard to the

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        health or safety of those who may occupy the premises.

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             (3) Inspections shall be made prior to first occupancy of

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         multiple  dwellings.  and rooming houses, if the construction or

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        alteration is completed and first occupancy will occur after the

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        effective date of this article.  Where first occupancy will occur

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        before the effective date of this article, inspection shall be

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        made within 1 year after the effective date of this article.

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        Upon a finding that there is no condition that would constitute a

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        hazard to the health and safety of the occupants, and that the

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        premises are otherwise fit for occupancy, the certificate shall



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        be issued.  If the finding is of a condition that would

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        constitute a hazard to health or safety, no certificate shall be

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        issued, and an order to comply with the act shall be issued imme-

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        diately and served upon the owner.  in accordance with section

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        132.  On reinspection and proof of compliance, the order shall be

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        rescinded and a certificate issued.

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             Sec. 130.  (1)  When  IF a certificate is withheld pending

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        compliance, no premises  which  THAT have not been occupied for

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        dwelling  or rooming  purposes shall be so occupied  ,  and those

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        premises  which  THAT have been or are occupied for dwelling  or

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        rooming  purposes may be ordered vacated until reinspection and

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        proof of compliance in the discretion of the enforcing agency.

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             (2) A certificate of compliance shall be issued on condition

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        that the premises remain in safe, healthful, and fit condition

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        for occupancy.  If upon reinspection the enforcing agency deter-

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        mines that conditions exist  which constitute  CONSTITUTING a

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        hazard to health or safety, the certificate shall be immediately

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        suspended as to affected areas  ,  and the areas may be vacated

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        as provided in subsection (1).

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             (3) The duty to pay rent in accordance with the terms of

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         any  A lease or agreement or under the provisions of  any  A

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        statute shall be suspended and the suspended rentals shall be

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        paid into an escrow account as provided in subsection (4)  ,

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        during that period  when  IF the premises have not been issued a

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        certificate of compliance, or  when such  IF A certificate, once

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        issued, has been suspended.  This subsection does not apply until

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        the owner has had a reasonable time  after the effective date of



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        this article or  after notice of  violations to make application

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        A VIOLATION TO APPLY for a temporary certificate  ,  as provided

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        in section 131.   Nor does this  THIS subsection DOES NOT apply

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         where  IF the owner establishes that the conditions  which

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        constitute  CONSTITUTING a hazard to health or safety were caused

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        by the occupant or occupants.  The rent, once suspended,  shall

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        again become due  BECOMES DUE AGAIN in accordance with the terms

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        of the lease or agreement or statute from and after the time of

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        reinstatement of the certificate  ,  or  where  IF a temporary

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        certificate has been issued, as provided in section 131.

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             (4) Rents due for the period during which rent is suspended

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        shall be paid into an escrow account established by the enforcing

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        officer or agency, to be paid  thereafter  to the landlord or any

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        other party authorized to make repairs  ,  IN ORDER to defray the

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        cost of correcting the violations.  The enforcing agency shall

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        return any unexpended part of sums paid under this section  ,

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        attributable to the unexpired portion of the rental period  ,

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        where  IF the occupant terminates his OR HER tenancy or right to

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        occupy prior to the undertaking to repair.

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             (5)  When  IF the certificate of compliance has been sus-

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        pended  ,  or has not been issued  ,  and the rents 
    thereafter

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        withheld are not paid into the escrow account, actions for rent

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        and for possession of the premises for nonpayment of rent may be

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        maintained  ,  subject to  such  THE defenses as the tenant or

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        occupant may have upon the lease or contract.

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             Sec. 131.  (1) An owner shall apply for a certificate of

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        compliance.  Inspection and issuance of certificates shall be in



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        accordance with the requirements of this act and with procedures

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        established by the enforcing agency.  The enforcing agency may

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        authorize the issuance of temporary certificates without inspec-

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        tion  for those premises in which there are no violations of

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        record as of the effective date of this article, and shall issue

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        such temporary certificates  upon application in cases  where  IN

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        WHICH inspections are not conducted within a reasonable time.

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        Temporary certificates shall also be issued for premises with

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        violations of record  , whether existing before or after the

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        effective date of this article, when  IF the owner can show proof

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        of having undertaken to correct  such  THE conditions,  or when

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        IF the  municipality  CITY, TOWNSHIP, OR VILLAGE has been autho-

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        rized to make repairs,  or when  IF a receiver has been appoint-

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        ed, or  when  IF an owner rehabilitation plan has been accepted

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        by the court.

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             (2) An application for a certificate shall be made  when  IF

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        1 OR MORE OF the owners  , or any of them, enroll  ENROLLS in the

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        registry of RESIDENTIAL RENTAL PROPERTY owners and premises.  If

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        the owner fails to register,  any  AN occupant of unregistered or

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        uncertified premises may  make application  APPLY.

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              (3) A fee of $10.00 shall be paid by the applicant at the

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        time the certificate is issued.

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             Sec. 133.  (1) The owner of premises regulated by this act

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        shall comply with all applicable provisions of the act AND THE

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        PROPERTY MAINTENANCE CODE ADOPTED UNDER THE STILLE-DEROSSETT-HALE

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        SINGLE STATE CONSTRUCTION CODE ACT, 1972 PA 230, MCL 125.1501 TO

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        125.1531.



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             (2) The occupant of premises regulated by this act shall

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        comply with provisions of the act specifically applicable to him

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        OR HER.

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             Sec. 141.  (1) At a hearing prescribed by section 140, the

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        hearing officer shall take testimony of the enforcing agency, the

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        owner of the property, and any interested party.  Not more than 5

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        days after completion of the hearing, the hearing officer shall

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        render a decision either closing the proceedings or ordering the

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        building or structure demolished, otherwise made safe, or prop-

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        erly maintained.

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             (2) If the hearing officer determines that the building or

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        structure should be demolished, otherwise made safe, or properly

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        maintained, the hearing officer shall so order, fixing a time in

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        the order for the owner, agent, or lessee to comply with the

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        order.  If the building is a dangerous building under

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        section 139(j), the order may require the owner or agent to main-

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        tain the exterior of the building and adjoining grounds owned by

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        the owner of the building including, but not limited to, the

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        maintenance of lawns, trees, and shrubs.

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             (3) If the owner, agent, or lessee fails to appear or

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        neglects or refuses to comply with the order issued under subsec-

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        tion (2), the hearing officer shall file a report of the findings

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        and a copy of the order with the legislative body of the city,

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        village, or township not more than 5 days after noncompliance by

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        the owner and request that necessary action be taken to enforce

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        the order.   If the legislative body of the  A city, village, or

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        township THAT has established a board of appeals pursuant to



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        section  141c  14 OF THE STILLE-DEROSSETT-HALE SINGLE STATE

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        CONSTRUCTION CODE ACT, 1972 PA 230, MCL 125.1514, SHALL PROVIDE

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        THAT the hearing officer  shall  file the report of the findings

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        and a copy of the order with the board of appeals and request

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        that necessary action be taken to enforce the order.  A copy of

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        the findings and order of the hearing officer shall be served on

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        the owner, agent, or lessee in the manner prescribed in section

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        140.

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             (4) The legislative body or the board of appeals of the

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        city, village, or township, as applicable, shall fix a date not

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        less than 30 days after the hearing prescribed in section 140 for

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        a hearing on the findings and order of the hearing officer and

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        shall give notice to the owner, agent, or lessee in the manner

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        prescribed in section 140 of the time and place of the hearing.

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        At the hearing, the owner, agent, or lessee shall be given the

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        opportunity to show cause why the order should not be enforced.

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        The legislative body or the board of appeals of the city, vil-

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        lage, or township shall either approve, disapprove, or modify the

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        order.  If the legislative body or board of appeals approves or

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        modifies the order, the legislative body shall take all necessary

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        action to enforce the order.  If the order is approved or modi-

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        fied, the owner, agent, or lessee shall comply with the order

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        within 60 days after the date of the hearing under this

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        subsection.  In the case of an order of demolition, if the legis-

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        lative body or the board of appeals of the city, village, or

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        township determines that the building or structure has been

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        substantially destroyed by fire, wind, flood, or other natural



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        disaster, and the cost of repair of the building or structure

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        will be greater than the state equalized value of the building or

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        structure, the owner, agent, or lessee shall comply with the

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        order of demolition within 21 days after the date of the hearing

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        under this subsection.

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             (5) The cost of the demolition, of making the building safe,

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        or of maintaining the exterior of the building or structure, or

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        grounds adjoining the building or structure incurred by the city,

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        village, or township to bring the property into conformance with

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        this act shall be reimbursed to the city, village, or township by

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        the owner or party in interest in whose name the property

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        appears.

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             (6) The owner or party in interest in whose name the prop-

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        erty appears upon the last local tax assessment records shall be

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        notified by the assessor of the amount of the cost of the demoli-

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        tion, of making the building safe, or of maintaining the exterior

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        of the building or structure or grounds adjoining the building or

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        structure by first class mail at the address shown on the

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        records.  If the owner or party in interest fails to pay the cost

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        within 30 days after mailing by the assessor of the notice of the

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        amount of the cost, the city, village, or township shall have a

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        lien for the cost incurred by the city, village, or township to

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        bring the property into conformance with this act.  The lien

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         shall  DOES not take effect until notice of the lien has been

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        filed or recorded as provided by law.  A lien provided for in

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        this subsection does not have priority over previously filed or

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        recorded liens and encumbrances.  The lien for the cost shall be



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        collected and treated in the same manner as provided for property

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        tax liens under the general property tax act,  Act No. 206 of the

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        Public Acts of 1893, being sections 211.1 to 211.157 of the

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        Michigan Compiled Laws  1893 PA 206, MCL 211.1 TO 211.157.

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             (7) In addition to other remedies under this act, the city,

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        village, or township may bring an action against the owner of the

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        building or structure for the full cost of the demolition, of

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        making the building safe, or of maintaining the exterior of the

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        building or structure or grounds adjoining the building or

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        structure.  A city, village, or township  shall have  HAS a lien

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        on the property for the amount of a judgment obtained pursuant to

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        this subsection.  The lien provided for in this subsection

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         shall  DOES not take effect until notice of the lien is filed or

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        recorded as provided by law.  The lien does not have priority

15
        over prior filed or recorded liens and encumbrances.

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             Enacting section 1.  Sections 2, 2a, 7, 9, 65, 66, 67, 68,

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        69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84,

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        85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 123, 128,

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        132, 137, 141b, 141c, and 142 of the housing law of Michigan,

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        1917 PA 167, MCL 125.402, 125.402a, 125.407, 125.409, 125.465,

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        125.466, 125.467, 125.468, 125.469, 125.470, 125.471, 125.472,

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        125.473, 125.474, 125.475, 125.476, 125.477, 125.478, 125.479,

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        125.480, 125.481, 125.482, 125.483, 125.484, 125.485, 125.486,

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        125.487, 125.488, 125.489, 125.490, 125.491, 125.492, 125.493,

25
        125.494, 125.495, 125.496, 125.497, 125.523, 125.528, 125.532,

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        125.537, 125.541b, 125.541c, and 125.542, are repealed.





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             Enacting section 2.  This amendatory act does not take

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        effect unless Senate Bill No. _____ or House Bill No.  5757

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        (request no. 04037'01 a) of the 91st Legislature is enacted into

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        law.
















































   04037'01          Final page.                            LTB