SB-0635, As Passed Senate, June 25, 2008
SUBSTITUTE FOR
SENATE BILL NO. 635
A bill to amend 1917 PA 167, entitled
"Housing law of Michigan,"
by amending sections 1 and 126 (MCL 125.401 and 125.526), section
126 as amended by 2000 PA 479.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known as the housing law of Michigan
and
all provisions thereof shall apply to every city and organized
village
in the this state which, by the last regular or special
federal census, had a population of 100,000 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.
However, the provisions of this This act relating to private
dwellings
and 2-family dwellings as hereinafter defined shall does
not apply to any city or organized village lying outside the 2-1/2
mile radius and having a population of less than 100,000 unless the
legislative body of the city or village by resolution, passed by a
majority vote of the 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. This act shall
apply
applies to all dwellings within the classes defined in the
following sections, except that in sections where specific
reference is made to 1 or more specific classes of dwellings, those
provisions shall apply only to those classes to which specific
reference
is made. All other provisions which that relate to
dwellings shall apply to all classes of dwellings.
Sec.
126. (1) The enforcing agency shall inspect , on a
periodic
basis, multiple dwellings and
rooming houses regulated by
this
act in accordance with this act. Except as provided in
subsection
(2), the period between inspections shall not be longer
than
2 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 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 3 6
years. , if the most
recent
inspection of the premises found no violations of the act.
(3) An inspection shall be conducted in the manner best
calculated to secure compliance with the 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 all the regulated premises in a
predetermined geographical area will be inspected simultaneously,
or within a short period of time.
(b) A complaint basis, such that complaints of violations will
be 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.
(d) A compliance basis, such that 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 a local governmental unit
may establish 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 a leasehold regulated by this act at reasonable
hours to undertake an inspection. 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 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 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
vacates a leasehold after the enforcing agency has requested to
inspect that leasehold, an 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 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 subsections (5) and (7).
(10) Neither the enforcing agency nor the owner may
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 owner or property
manager shall 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.
(13) 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 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 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 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.
(14) (13)
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) (14)
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.