March 8, 2005, Introduced by Rep. Ward and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1917 PA 167, entitled
"Housing law of Michigan,"
by amending sections 1 and 126 (MCL 125.401 and 125.526), section
126 as amended by 2000 PA 479.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known as the housing law of Michigan
and
all provisions thereof shall apply to every city and
organized
village in the this state which, by the last regular or
special federal census, had a population of 100,000 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. However, the provisions of
this
This act relating to private
dwellings and 2-family dwellings
as
hereinafter defined shall does
not apply to any city or
organized village lying outside the 2-1/2 mile radius and having a
population of less than 100,000 unless the legislative body of the
city or village by resolution, passed by a majority vote of the
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. This act shall apply applies to all
dwellings within the classes defined in the following sections,
except that in sections where specific reference is made to 1 or
more specific classes of dwellings, those provisions shall apply
only to those classes to which specific reference is made. All
other
provisions which that relate to dwellings shall apply to
all classes of dwellings.
Sec.
126. (1) The enforcing agency shall inspect , on a
periodic
basis, multiple dwellings and
rooming houses regulated by
this
act in accordance with this act. Except as provided in
subsection
(2), the period between inspections shall not be longer
than
2 years. All other dwellings regulated by this act may be
inspected
at reasonable intervals. Multiple dwelling and rooming
houses subject to inspection by the United States department of
housing and urban development or by the state housing development
authority shall not be inspected by an enforcing agency unless the
inspection is complaint-based under subsection (3).
(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 3 years, if the most recent
inspection
of the premises found no violations of the act.
(3)
An inspection shall be conducted in the manner best
calculated
to secure compliance with the 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 all the regulated premises in a
predetermined
geographical area will be inspected simultaneously,
or
within a short period of time.
(b)
A complaint basis, such that complaints of violations will
be
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.
(2) Inspections shall be conducted at least 1 time every 5
years. Inspections shall not be conducted more frequently than 1
time every 3 years unless the inspections are conducted under
subsection (3) or (4).
(3) Inspections shall be conducted more frequently than 1 time
every 3 years if the inspections are made in response to a
complaint of a violation made to the enforcing agency. Complaint-
based inspections shall be conducted within 4 weeks of the
submittal of a complaint in writing to the enforcing agency. The
enforcing agency shall provide a copy of the complaint on which the
inspection is based to the property owner or manager within 10 days
of the property owner's or manager's written request to the
enforcing agency. If the enforcing agency determines that a
condition that needs to be remedied requires a reinspection under
this subsection, the enforcing agency shall not conduct the
reinspection less than 30 days after the first complaint-based
inspection.
(4) The enforcing agency may conduct inspections more
frequently than 1 time every 3 years if premises are found to have
a high incidence of recurrent or uncorrected violations. A rooming
house with 25 or more violations found during 1 inspection under
subsection (2) or (3) is subject to additional inspections under
this subsection. A multiple dwelling with 12 or more violations
found in at least 25% of the units inspected during 1 inspection
under subsection (2) or (3) is subject to additional inspections
under this subsection.
(5)
(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.
(6) (5)
Except as provided in subsection (7)
(8), 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.
(7) (6)
Except in an emergency, before
entering a leasehold
regulated by this act, the owner of the leasehold shall request and
obtain permission 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.
(8) (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 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
vacates a leasehold after the enforcing agency has requested to
inspect that leasehold, an 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 of that
leasehold has made a complaint to the enforcing agency.
(9) (8)
A local governmental unit may
adopt an ordinance to
implement
subsection (7) (8).
(10) (9)
For multiple lessees in a
leasehold, notifying at
least 1 lessee and requesting and obtaining the permission of at
least
1 lessee satisfies subsections (5) (6) and (7) (8).
(11) (10)
Neither the enforcing agency nor
the owner may
discriminate against an occupant on the basis of whether the
occupant requests, permits, or refuses entry to the leasehold.
(12) (11)
The enforcing agency shall not
discriminate
against
an owner who has met the requirements of subsection (7)
(8) but has been unable to obtain the permission of the occupant,
based on the owner's inability to obtain that permission.
(13) (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. A detailed description of
the fees charged under this subsection shall be provided to the
owner of the rooming house or multiple dwelling in writing before
the owner of the rooming house or multiple dwelling is liable for
payment of the fees charged to the enforcing agency.
(14) (13)
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) (14)
As used in this section:
(a) "Actual, reasonable cost" means a cost determined as
follows:
(i) For an inspection performed by an employee of the local
enforcing agency, the hourly rate for the actual inspection time.
The hourly rate shall be determined by the employee's annual salary
divided by the number of hours worked in a calendar year. The
hourly rate shall be multiplied by the actual time taken to perform
an inspection.
(ii) For an inspection performed by an independent contractor
of a local enforcing agency, the actual, reasonable cost shall be
no greater than the fee charged by the independent contractor to
the local enforcing agency.
(b) (a)
"Child" means an
individual under 18 years of age.
(c) (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.
(d) "Violation" means a violation of this act or a property
maintenance code adopted by the local enforcing agency. Multiple
violations of 1 provision of this act or multiple violations of 1
provision of a property maintenance code identified during an
inspection of a rooming house or an individual dwelling within a
multiple dwelling are considered 1 violation.