Bill Text: MI HB5037 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Housing; landlord and tenants; maintenance of sanitary and safe conditions; require of occupant in areas under occupant's control. Amends secs. 74 & 132 of 1917 PA 167 (MCL 125.474 & 125.532).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-10-02 - Printed Bill Filed 10/02/2013 [HB5037 Detail]

Download: Michigan-2013-HB5037-Introduced.html

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HOUSE BILL No. 5037

 

October 1, 2013, Introduced by Rep. Graves and referred to the Committee on Local Government.

 

     A bill to amend 1917 PA 167, entitled

 

"Housing law of Michigan,"

 

by amending sections 74 and 132 (MCL 125.474 and 125.532), section

 

132 as amended by 2000 PA 479.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 74. (1) Cleanliness of dwellings. Every A dwelling and

 

every part thereof shall be kept in a clean, sanitary, and safe

 

condition.

 

     (2) A dwelling shall also be kept free from any accumulation

 

of dirt, filth, rubbish, garbage, or other matter in or on the

 

same, or in the yards, courts, passages, areas, or alleys connected

 

therewith or belonging to the same. The owner of every dwelling

 

shall be responsible for keeping the entire building dwelling.

 

     (3) A dwelling shall be kept entirely free from vermin. The

 

     (4) Except as provided in subsection (5), the owner shall also

 

be is responsible for complying with the provisions of this

 

section. except that the tenants shall be responsible for the

 

cleanliness of those parts of the premises that they occupy and

 

control.

 

     (5) The occupant is responsible for complying with subsection

 

(1) as it applies to the part of the exterior or interior of the

 

premises that the occupant occupies and controls, unless otherwise

 

agreed to by all parties subject to the lease.

 

     Sec. 132. (1) If, upon inspection, the a dwelling unit,

 

rooming unit, housekeeping unit, or other premises or any part of

 

the premises are found to be in violation of any provision of this

 

act, the enforcing agency shall record the violation in the

 

registry of owners and premises. This subsection does not apply to

 

a violation described in subsection (3).

 

     (2) The owner, and, in the enforcing agency's discretion, the

 

occupant, shall be notified in writing of the violation. If an

 

inspector determines that there has been a violation of this act,

 

the inspector shall issue to the owner a written notice of

 

violation and shall deliver a copy of the notice to the occupant.

 

The notice shall state the date of the inspection, the name of the

 

inspector, the nature of the violation, and the time within which

 

the correction shall be completed.owner shall correct the

 

violation. This subsection does not apply to a violation described

 

in subsection (3).

 

     (3) If an inspector determines that there has been a violation

 

of section 74(5), the inspector shall issue to the occupant a

 

written notice of violation and shall deliver a copy of the notice

 

to the owner. The notice shall state the date of the inspection,

 

the name of the inspector, the nature of the violation, and the

 

time within which the occupant shall correct the violation. A

 

municipality may adopt an ordinance that makes failure to comply

 

with an order contained in a notice of violation under this

 

subsection a misdemeanor or municipal civil infraction. An

 

ordinance shall not suspend a certificate of compliance, impose a

 

lien on the premises, or impose any other sanction on an owner for

 

an occupant's violation of an order contained in a notice issued

 

under this subsection.

 

     (4) (3) If an inspector determines that a violation

 

constitutes a hazard to the occupant's health or safety, under

 

circumstances where the premises cannot be vacated, the enforcing

 

agency shall order the violation corrected within the shortest

 

reasonable time. The owner or occupant, as applicable, shall notify

 

the enforcing agency of having begun compliance within 3 days. All

 

other violations shall be corrected within a reasonable time.

 

     (5) (4) The enforcing agency shall reinspect after a

 

reasonable time to ascertain whether the violation has been

 

corrected.

 

     (6) (5) If an inspector determines that a violation under

 

subsection (1) constitutes a hazard to the health or safety of the

 

occupants, the enforcing agency shall notify the family

 

independence agency department of human services within 48 hours.

 

The notice shall state the date of the inspection, the name of the

 

inspector, the nature of the violation, and the time within which

 

the correction shall be completed. The family independence agency

 

department of human services shall check the address of the

 

premises against the list of rent-vendored family independence

 

department of human services program recipients.

 

     (7) As used in this section:

 

     (a) "Dwelling unit" means that term as defined in section 82a.

 

     (b) "Housekeeping unit" means a room or group of rooms forming

 

a single habitable space equipped and intended to be used for

 

sleeping, cooking and eating, and other living purposes but which

 

does not contain, within the unit, a toilet, lavatory, and bathtub

 

or shower.

 

     (c) "Rooming unit" means any room or group of rooms forming a

 

single habitable space occupied or intended to be occupied for

 

sleeping or other living purposes, but not for cooking purposes.