SENATE BILL No. 509

 

 

May 17, 2007, Introduced by Senators SCOTT, GLEASON, BRATER, CLARKE, OLSHOVE, CHERRY, HUNTER, CLARK-COLEMAN and PAPPAGEORGE and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1978 PA 454, entitled

 

"Truth in renting act,"

 

(MCL 554.631 to 554.641) by adding section 4a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4a. (1) If a landlord has received information from a

 

state or federal agency that the residential premises that are the

 

subject of the rental agreement rest on soil that is contaminated

 

with lead, the landlord shall notify all tenants of the residential

 

premises no later than 10 days after receiving the notice. Any

 

rental agreement that is entered into on or after the effective

 

date of the amendatory act that added this section shall contain

 

written notification of any lead-contaminated soil that the

 

landlord has received notification of from a state or federal

 

agency at the time the rental agreement is signed.

 

     (2) If a landlord fails to comply with subsection (1), a

 


tenant may bring an action for civil damages that the tenant has

 

incurred as a proximate cause of the failure of the landlord to

 

comply with subsection (1).

 

     (3) A landlord who fails to comply with subsection (1) is

 

responsible for a state civil infraction and may be assessed a

 

civil fine of $5,000.00 for each separate violation of subsection

 

(1).