Bill Text: MI SB0313 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Housing; inspection; inspection fees, inspection intervals, registration fees, and local units subject to housing law; modify. Amends secs. 1, 125 & 126 of 1917 PA 167 (MCL 125.401 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-12-16 - Placed On Third Reading [SB0313 Detail]
Download: Michigan-2013-SB0313-Engrossed.html
SB-0313, As Passed Senate, June 4, 2014
SUBSTITUTE FOR
SENATE BILL NO. 313
A bill to amend 1917 PA 167, entitled
"Housing law of Michigan,"
by amending sections 1, 125, and 126 (MCL 125.401, 125.525, and
125.526), sections 1 and 126 as amended by 2008 PA 408.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) This act shall be known and may be cited as the
"housing law of Michigan".
and shall apply
(2)
This act applies to every each city, and
organized
village, in
this state which, by and
township that, according to
the
last regular or special federal census, had has a
population of
100,000
10,000 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. This
However,
this act relating does not apply to private dwellings and
2-family
dwellings does not apply to in
any city, or organized
village, lying
outside the 2-1/2 mile radius and or
township having
a population of less than 100,000 unless the legislative body of
the
city or village local
governmental unit adopts the provisions
by
resolution , passed
by a majority vote of the its
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.
(3) This act applies to all dwellings within the classes
defined
in the following sections, section
2, except that in
sections
where specific reference is made a
reference to 1 or more
specific
classes of dwellings , those provisions shall apply
applies only to those classes to which specific reference is made.
All
other provisions that relate to dwellings shall apply to all
classes
of dwellings.
Sec.
125. (1) A The enforcing
agency may maintain a registry
of
owners and premises shall be maintained by the enforcing
agency.regulated by this act. If the enforcing agency
maintains a
registry of owners and premises, the enforcing agency shall comply
with the requirements of this section.
(2)
The owners If required by
the enforcing agency, the owner
of
a multiple dwelling or rooming house containing units which will
be
that are offered to let, or to hire, for lease for more than 6
months
of a calendar year , shall
register their names and places
of
with the enforcing agency the
owner's name, the address of the
owner's
residence or usual places place of
business, and the
location
of the premises regulated by this act with the enforcing
agency.
to be leased. The owners owner shall register within
60
days following the day on which any part of the premises is offered
for
occupancy. Owners of multiple dwellings or rooming houses
containing
units which are occupied or offered for occupancy at the
time
this act becomes effective shall register within 90 days after
the
effective date of this article.lease.
(3) If the premises are managed or operated by an agent, the
agent's
name and place of business shall be placed entered with
the
name of the owner in the registry under subsection (2).
(4) The enforcing agency may charge the owner a registration
fee to register the premises under subsection (1). The registration
remains valid and the enforcing agency shall not charge a new
registration fee for the premises as long as the same owner
continues to own the premises. However, if additional dwelling
units are constructed after a registration is filed, the enforcing
agency may require the owner to reregister the premises and may
charge a new registration fee when a certificate of use and
occupancy is issued under section 13 of the Stille-DeRossett-Hale
single state construction code act, 1972 PA 230, MCL 125.1513. In
addition, upon sale or other transfer of ownership of the premises,
the new owner shall reregister the premises and, if the premises
are reregistered, the enforcing agency may charge a new
registration fee.
(5) As used in this section, "registration fee" means any fee
associated with the registration or reregistration of premises
under subsection (2) or (4), respectively, whether designated as a
registration, administrative, compliance certification, licensing,
or other fee.
Sec.
126. (1) The A local
governmental unit is not required to
inspect multiple dwellings and rooming houses. If a local
governmental unit elects to inspect multiple dwellings or rooming
houses, the enforcing agency shall inspect multiple dwellings and
rooming houses regulated by this act in accordance with this act.
Except as provided in subsection (2), the period between
inspections of a multiple dwelling or rooming house shall not be
longer than 4 years. All other dwellings regulated by this act may
be inspected at reasonable intervals. Inspections of multiple
dwellings or rooming houses conducted by the United States
department of housing and urban development under the real estate
assessment center inspection process or by other government
agencies may be accepted by a local governmental unit and an
enforcing agency as a substitute for inspections required by a
local enforcing agency. To the extent permitted under applicable
law, a local enforcing agency or its designee is authorized to
exercise inspection authority delegated by law or agreement from
other agencies or authorities that perform inspections required
under other state law or federal law.
(2)
A local governmental unit may provide by ordinance for a
maximum
minimum period between inspections of a multiple dwelling
or rooming house that is not longer than 6 years if the most recent
inspection
of the premises found no violations of the this act
and
the multiple dwelling or rooming house has not changed ownership
during the 6-year period.
(3) An inspection shall be conducted in the manner best
calculated
to secure compliance with the this
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 under
which all the regulated
premises
in a predetermined geographical area will be are inspected
simultaneously, or within a short period of time.
(b)
A complaint basis, such that under
which premises that are
the
subject of complaints of violations will
be are inspected
within a reasonable time.
(c)
A recurrent violation basis, such that under which
premises that are found to have a high incidence of recurrent or
uncorrected
violations will be are inspected more frequently.
(d)
A compliance basis, such that under
which a premises
brought into compliance before the expiration of a certificate of
compliance or any requested repair order may be issued a
certificate of compliance for the maximum renewal certification
period authorized by the local governmental unit.
(e)
A percentage basis, such that under
which a local
governmental
unit may establish establishes
a percentage of units
in a multiple dwelling to be inspected in order to issue a
certificate of compliance for the multiple dwelling.
(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) and this subsection,
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 without obtaining permission from
the lessee.
(6)
Except in an emergency, before Before
entering a leasehold
regulated by this act, the owner of the leasehold shall request and
obtain
permission from the lessee to enter the leasehold. In the
case
of However, in an emergency, including, but not limited to,
fire, flood, or other threat of serious injury or death, the owner
may enter at any time without obtaining permission from the lessee.
(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
both of the following
requirements are met:
(i) The lease provides the owner a right of entry.
(ii) A lessee has granted permission for the inspection.
(b) Provide access to areas other than a leasehold or areas
open to public view, or both.
(c)
Notify a tenant the lessee
of the enforcing agency's
request to inspect a leasehold and the lessee's right to refuse the
inspection, make a good faith effort to obtain permission for an
inspection, notify the enforcing agency of the lessee's response,
and, if the lessee grants permission, arrange for the inspection.
If
a tenant lessee vacates a leasehold not more than 60 days after
the
enforcing agency has requested to inspect that leasehold, an
the 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 lessee 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 the notice and permission requirements of
subsections
(5) and to (7).
(10)
Neither the The enforcing agency nor or the
owner may
shall not discriminate against an occupant on the basis of whether
the occupant requests, permits, or refuses entry to the leasehold.
This subsection does not apply if the occupant refuses entry in the
case of an emergency or upon presentment of a warrant, as provided
in subsection (5) or (6).
(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. Payment of the inspection
fee is due upon completion of the inspection. However, if new
construction will be inspected or if the premises have been
transferred to a new owner since the last inspection of all or part
of the premises, payment of the inspection fee is due before the
inspection
is conducted. An owner or property
manager shall is not
be
liable for an inspection fee if the
inspection is not performed
and the enforcing agency is the direct cause of the failure to
perform.
(13)
An If requested, an enforcing agency or a local
governmental
unit shall produce a report to a requesting party on
the income and expenses of the inspection program for the preceding
fiscal
year. The report shall contain state
the amount of the fees
assessed by the enforcing agency, the costs incurred in performing
inspections, and the number of units inspected. The report shall be
provided
to the requesting party within 90 days of after the
request. The enforcing agency or local governmental unit may
produce the report electronically. If the enforcing agency does not
have readily available access to the information required for the
report, the enforcing agency may charge the requesting party a fee
no greater than the actual reasonable cost of compiling and
providing the information. If an enforcing agency charges a fee
under this subsection, the enforcing agency shall include in the
report the costs of providing and compiling the information.
contained
in the report.
(14) 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.
(15) 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.