Substitute For
HOUSE BILL NO. 4948
A bill to amend 1972 PA 348, entitled
"An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties,"
(MCL 554.601 to 554.616) by amending the title and by adding section 2a.
the people of the state of michigan enact:
An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use, and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; to protect prospective tenants from having to make certain disclosures; and to provide penalties.
Sec. 2a. (1) Beginning on the effective date of the amendatory act that added this section, a landlord shall not require a prospective tenant to disclose any of the following:
(a) A conviction set aside under 1965 PA 213, MCL 780.621 to 780.624.
(b) A finding of juvenile delinquency under 18 USC 5031 to 5043.
(c) Participation in a diversion program for juveniles.
(d) The assignment of youthful trainee status under the Holmes youthful trainee act, as provided in sections 11 to 15 of chapter II of the code of criminal procedure, 1927 PA 175, MCL 762.11 to 762.15.
(e) The entry of a judgment or order of disposition by a court of another state that states or is based on a finding that a juvenile violated a law of another state that would have been a criminal offense if committed by an adult in that state.
(2) This section does not prohibit a landlord from inquiring about a criminal conviction or disposition not listed under subsection (1).
(3) If a landlord violates subsection (1), a prospective tenant may bring an action seeking injunctive relief against the landlord. If a court determines that a landlord violated subsection (1), the court shall issue an injunctive order requiring the landlord to cease and desist from violating subsection (1). A landlord that violates an injunctive order under this section is subject to a civil fine of not more than $250.00 for each day of violation, up to a maximum of $2,000.00. If a court determines that a landlord violated subsection (1), a prospective tenant that brings an action under this section may recover costs and reasonable attorney fees.