Bill Text: MI SB0313 | 2013-2014 | 97th Legislature | Introduced
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-Introduced.html
SENATE BILL No. 313
April 11, 2013, Introduced by Senator ROBERTSON and referred to the Committee on Local Government and Elections.
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, the provisions of this act relating to private dwellings
and
2-family dwellings does do
not apply to 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 to provisions that
reference
1 or more specific classes of dwellings ,
those
provisions
shall apply 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 shall maintain a registry
of
owners and premises regulated by
this act. shall be maintained
by
the enforcing agency.
(2)
The owners 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 of not more than $100.00 to register the premises under
subsection (2). 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. Upon sale or
other transfer of ownership of the premises, the new owner shall
reregister the premises if required under subsection (2) 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 of premises under subsection (2),
whether designated as a registration, administrative, compliance
certification, licensing, or other fee.
Sec. 126. (1) 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) or (4)(b), the
period between inspections of multiple dwellings and rooming houses
shall
not be longer than 4 be
not less than 6 years or longer than
10 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 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 period between inspections of a multiple dwelling or
rooming
house that is not longer than 6 10
years if the most recent
inspection of the premises found no violations of the act and the
multiple dwelling or rooming house has not changed ownership during
the
6-year maximum period.
(3) 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 a local enforcing agency as a substitute for
inspections required by the enforcing agency. To the extent
permitted under applicable law, a local enforcing agency or its
designee may exercise inspection authority delegated by law or
agreement from other agencies or authorities that perform
inspections required under other state law or federal law.
(4) (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 complaints of
violations
will be are inspected within a reasonable time.
(c)
A recurrent violation basis, such that premises that are
found
to have a high incidence of recurrent or uncorrected
violations
will be inspected more frequently.
(c) (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.
(d) (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), an inspector, or
team
of inspectors, shall request and receive permission to enter
before
entering may enter a leasehold regulated by this act to
perform
an inspection only at reasonable hours to
undertake an
inspection.
and after both informing a
lessee of the lessee's right
to refuse an inspection and requesting and obtaining permission for
the inspection from the lessee. 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.
(6) Except in an emergency, before entering a leasehold
regulated by this act, the owner of the leasehold shall request and
obtain permission from a lessee to enter the leasehold. In the case
of an emergency, including, but not limited to, fire, flood, or
other threat of serious injury or death, the owner may enter at any
time.
(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 lease provides the owner a right of entry.
(b) Provide access to areas other than a leasehold or areas
open to public view, or both.
(c)
Notify a tenant lessee of the enforcing agency's request
to inspect a leasehold, make a good faith effort to obtain
permission for an inspection, and 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 (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.
(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 be the lesser
of the following:
(a) The actual, reasonable cost of providing the inspection
for which the fee is charged.
(b) A fee of not more than $40.00 per leasehold if individual
leaseholds or individual leaseholds and interior common areas are
inspected, or a fee of not more than $75.00 per multiple dwelling
building if only interior common areas or exterior features, or
both, are inspected. The enforcing agency shall not charge both a
per-leasehold fee and a per-multiple-dwelling-building fee for
inspecting a given multiple dwelling building.
(13) An enforcing agency shall not charge an additional fee
under subsection (12) for a first reinspection. 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.
(14) (13)
An enforcing agency or a local
governmental unit
shall
produce a report to for 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 the costs of
providing
and compiling the information contained in the report.
(15) (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.
(16) (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.
