Bill Text: MI HB5251 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Local government; ordinances; imposing sanctions on landlord or tenant; prohibit for contacts made with police or emergency services. Creates new act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-11-28 - Bill Electronically Reproduced 11/09/2017 [HB5251 Detail]
Download: Michigan-2017-HB5251-Introduced.html
HOUSE BILL No. 5251
November 9, 2017, Introduced by Reps. Zemke, Gay-Dagnogo, Pagan, Brinks, Chang, Wittenberg, Durhal, Rabhi, Clemente, Hertel, Lasinski, Greig and Santana and referred to the Committee on Commerce and Trade.
A bill to prohibit local units of government from penalizing
or sanctioning tenants, occupants, or landlords of rental dwellings
for contacts made for police or emergency assistance in certain
situations; and to provide for remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Abuse" means any of the following:
(i) Recklessly causing bodily injury.
(ii) Placing another in reasonable fear of imminent serious
bodily injury.
(iii) Knowingly engaging in a course of conduct or repeatedly
committing acts toward another individual, including following the
individual, without proper authority, under circumstances that
place the individual in reasonable fear of bodily injury.
(b) "Crime" means a violation of the Michigan penal code, 1931
PA 328, MCL 750.1 to 750.568.
(c) "Emergency" means a physiological or psychological illness
or injury of an individual, such that a prudent individual who
possesses an average knowledge of health and medicine could
reasonably expect the absence of immediate emergency medical
services to result in:
(i) Placing the health of the individual or, with respect to a
pregnant woman, the health of the woman or her unborn child in
serious jeopardy.
(ii) Serious impairment of a bodily function.
(iii) Serious dysfunction of a bodily organ or part.
(d) "Local unit of government" means a city, village,
township, or county.
(e) "Ordinance" means an ordinance adopted by a local unit of
government.
(f) "Sanction" includes, but is not limited to, any of the
following:
(i) Revoke, suspend, or prevent renewal of a rental license or
permit for.
(ii) Assess a fine against.
(iii) Evict or cause the eviction of from leased premises.
Sec. 2. An ordinance shall not sanction a tenant, occupant, or
landlord of a rental dwelling for a contact made for police or
emergency assistance if both of the following conditions are met:
(a) The contact is made by or on behalf of an individual who
is, or is reasonably believed by the individual making the contact
to be, a victim of abuse, a victim of a crime, or an individual in
an emergency. This subdivision does not protect from sanction any
of the following:
(i) A tenant or occupant of a rental dwelling if the tenant or
occupant committed the abuse or crime.
(ii) The landlord, if a tenant or occupant committed the abuse
or crime, unless another tenant or occupant was the victim of the
abuse or crime.
(b) The police intervention or emergency assistance is needed,
or is reasonably believed by the individual making the contact to
be needed, in response to the abuse, crime, or emergency.
Sec. 3. If a local unit of government enforces or attempts to
enforce an ordinance against a tenant, occupant, or landlord in
violation of section 2, the tenant, occupant, or landlord may bring
a civil action in a court of competent jurisdiction for any of the
following remedies:
(a) An order requiring the local unit of government to cease
and desist the unlawful practice.
(b) Payment of compensatory damages, except to the extent that
the tenant, occupant, or landlord failed to make a reasonable
effort to mitigate damages.
(c) Payment of reasonable attorney fees.
(d) Payment of court costs.
(e) Other relief, including, but not limited to,
reinstating a rental license or permit.
Sec. 4. (1) This act preempts an ordinance to the extent that
the ordinance is inconsistent with this act.
(2) This act does not affect or apply to enforcement of a
clause in a lease providing for termination because a tenant, a
member of the tenant's household, or other person under the
tenant's control has unlawfully manufactured, delivered, possessed
with intent to deliver, or possessed a controlled substance on the
leased premises, as provided for in section 34 of 1846 RS 66, MCL
554.134, and section 5714 of the revised judicature act of 1961,
1961 PA 236, MCL 600.5714.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
