July 17, 2007, Introduced by Senators GARCIA, BARCIA, PRUSI, GLEASON and JANSEN and referred to the Committee on Economic Development and Regulatory Reform.
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. Multiple
dwelling and rooming
houses subject to inspection by the United States department of
housing and urban development or by the state housing development
authority shall not be inspected by an enforcing agency unless the
inspection is complaint-based under subsection (3).
(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 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.
(2) A local governmental unit performing inspections shall
issue a 5-year certificate of occupancy to a rental unit within a
multiple dwelling if the owner or authorized manager of the unit
requests a compliance inspection at least 6 months prior to the
expiration of a current certificate of occupancy and the unit is
brought into compliance with this act before the expiration of a
current certificate of occupancy. A rental unit that satisfies this
subsection shall not be subject to further inspection during its
subsequent 5-year certificate of occupancy unless it is a
complaint-based inspection performed under subsection (3).
(3) Inspections shall be conducted more frequently than 1 time
every 5 years if the inspections are made in response to a
complaint made to the enforcing agency by someone other than an
employee or agent of the enforcing agency. The enforcing agency
shall provide a copy of the complaint on which the inspection is
based to the property owner or manager within 10 days of the
property owner's or manager's written request to the enforcing
agency. If the enforcing agency determines that a condition that
needs to be remedied requires a reinspection under this subsection,
the enforcing agency shall not conduct the reinspection less than
30 days after the first complaint-based inspection.
(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 enforcing agency shall
at least annually publish an itemized compilation of all actual
costs incurred in performing inspections, including, but not
limited to, costs incurred in employing third-party contractors to
perform inspections, during the preceding calendar year and all
fees received for performing inspections. The report may be
published electronically.
(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.
(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.