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.