Bill Text: MI HB4801 | 2009-2010 | 95th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Housing; inspection; rental housing inspection programs; expand to include rental mobile homes. Amends sec. 7 of 1987 PA 96 (MCL 125.2307).

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2009-12-31 - Assigned Pa 215'09 With Immediate Effect 2009 Addenda [HB4801 Detail]

Download: Michigan-2009-HB4801-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4801

 

April 21, 2009, Introduced by Reps. Constan, Johnson, Robert Jones, Durhal, Jackson, Polidori, Gonzales and Spade and referred to the Committee on Intergovernmental and Regional Affairs.

 

     A bill to amend 1987 PA 96, entitled

 

"The mobile home commission act,"

 

by amending section 7 (MCL 125.2307).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7. (1) A Except as provided in subsection (7), a local

 

government which that proposes a standard related to mobile home

 

parks or seasonal mobile home parks, or related to mobile homes

 

located within a mobile home park or a seasonal mobile home park,

 

that is higher than the standard provided in this act or the code,

 

; or that proposes a standard related to the business, sales, and

 

service practices of mobile home dealers, or the business of mobile

 

home installers and repairers, that is higher than the standard

 

provided in this act or the code, shall file the proposed standard

 

with the commission. The Except as provided in subsection (7), the


 

commission may promulgate rules to establish the criteria and

 

procedure for implementation of higher standards by a local

 

government. The commission shall review and approve the proposed

 

standard unless the standard is unreasonable, arbitrary, or not in

 

the public interest. If the commission does not approve or

 

disapprove the proposed standard within 60 days after it is filed

 

with the commission, the standard shall be considered approved

 

unless the local government grants the commission additional time

 

to consider the standard. After the proposed standard is approved,

 

the local government may adopt the standard by ordinance. The

 

ordinance shall relate to a specific section of the code.

 

     (2) A local government standard related to mobile homes not

 

located within a mobile home park or seasonal mobile home park need

 

not be filed with the mobile home commission, unless the standard

 

relates to the business, sales, and service practices of mobile

 

home dealers, or the business of mobile home installers and

 

repairers.

 

     (3) A local government ordinance shall not be designed as

 

exclusionary to mobile homes generally whether the mobile homes are

 

located inside or outside of mobile home parks or seasonal mobile

 

home parks.

 

     (4) A local government ordinance shall not contain a standard

 

for the setup or installation of mobile homes that is incompatible

 

with, or is more stringent than, either of the following:

 

     (a) The manufacturer's recommended setup and installation

 

specifications.

 

     (b) The mobile home setup and installation standards


 

promulgated by the federal department of housing and urban

 

development pursuant to the national manufactured housing

 

construction and safety standards act of 1974, 42 U.S.C. USC 5401

 

to 5426.

 

     (5) In the absence of any setup or installation specifications

 

or standards for foundations as set forth in subsection (4)(a) or

 

(b), the local government standards for site-built housing shall

 

apply.

 

     (6) A local government ordinance shall not contain roof

 

configuration standards or special use zoning requirements that

 

apply only to, or excludes, mobile homes. A local government

 

ordinance shall not contain a manufacturing or construction

 

standard that is incompatible with, or is more stringent than, a

 

standard promulgated by the federal department of housing and urban

 

development pursuant to the national manufactured housing

 

construction and safety standards act of 1974, 42 U.S.C. USC 5401

 

to 5426. A local government ordinance may include reasonable

 

standards relating to mobile homes located outside of mobile home

 

parks or seasonal mobile home parks which ensure that mobile homes

 

compare aesthetically to site-built housing located or allowed in

 

the same residential zone.

 

     (7) A local government may propose and implement a standard to

 

inspect mobile homes for safety within a mobile home park, a

 

seasonal mobile home park, or mobile homes located outside a mobile

 

home park or a seasonal mobile home park if the mobile home being

 

inspected is being rented to a tenant by the owner of the mobile

 

home. The local government may propose a means to determine which


 

mobile homes located within its jurisdiction are being rented to

 

tenants by the owner, including, but not limited to, imposition of

 

a licensing requirement for renting mobile homes to tenants. A

 

local government may inspect mobile homes rented to tenants by the

 

owner for safety. If a local government inspects mobile homes

 

rented to tenants by the owner for safety, the period between

 

inspections shall not be longer than 4 years.

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