PROPERTY DAMAGE:  ALLOW LANDLORDS

TO COLLECT FOR THEIR OWN LABOR

House Bill 4171

Sponsor:  Rep. John Pastor

Committee:  Judiciary

Complete to 1-31-06

A SUMMARY OF HOUSE BILL 4171 AS INTRODUCED 2-2-05

The bill would amend the Revised Judicature Act to require a court, in certain circumstances, to award damages for the cost of labor to a landlord who performed repair work on damaged premises.  Under the bill, if a court awarded damages for physical injury to the premises by making an award for or based on the cost of repairs, the court would have to award damages for labor expended by a landlord in repairing the premises in the same manner as if the repairs had been performed by a third party.  A landlord's labor would be compensated at a rate that the court determined to be reasonable based on standard industry wages.

Currently, the act specifies that a claim or counterclaim for money judgment cannot exceed the amount in controversy which otherwise limits the jurisdiction of the court.  Instead, the bill would specify that a claim or counterclaim for money judgment could not exceed the jurisdictional limits of the court.

MCL 600.5739

FISCAL IMPACT:

The bill would have no fiscal impact on the state or local government.

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                  Fiscal Analyst:   Marilyn Peterson

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.