Legislative Analysis
PROHIBIT LANDLORDS FROM REQUIRING PROSPECTIVE Phone: (517) 373-8080
http://www.house.mi.gov/hfa
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Analysis available at
House Bill 4948 (H-1) as reported http://www.legislature.mi.gov
Sponsor: Rep. Kristian Grant
Committee: Criminal Procedure
Complete to 10-25-23
SUMMARY:
House Bill 4948 would amend 1972 PA 348, known as the landlord-tenant act, to prohibit
landlords from requiring a prospective tenant to disclose any of the following:
• A conviction set aside (expunged) under 1965 PA 213.
• A finding of juvenile delinquency under 18 USC 5031 to 5043.
• Participation in a diversion program for juveniles.
• The assignment of youthful trainee statues as provided in Chapter II (Courts) of the
Code of Criminal Procedure. 1
• The entry of a judgment or order of disposition by a court of another state that is based
on a finding that a juvenile violated a law of that state that would have been a criminal
offense in that state if committed by an adult.
A prospective tenant could bring an action seeking an injunction against a landlord violating
the above prohibition. If the court determines that a landlord violated the prohibition, the court
would have to issue a cease and desist order. A landlord that violates such an order would be
subject to a civil fine of up to $250 for each day of violation, up to a maximum of $2,000. In
addition, if the court determines that the landlord violated the prohibition, the prospective
tenant bringing the action could recover costs and reasonable attorney fees.
A landlord would not be prohibited from asking about a criminal conviction or disposition that
is not listed above.
MCL 554.602a
FISCAL IMPACT:
House Bill 4948 would have an indeterminate fiscal impact on the state and on local units of
government. The fiscal impact would depend on the number of landlords that violate injunctive
orders and are subsequently ordered to pay a civil fine of not more than $250 for each day of
violation up to a maximum of $2,000. Revenue collected from payment of civil fines is used
to support public and county law libraries. Also, under section 8827(4) of the Revised
Judicature Act, $10 of the civil fine would be required to be deposited into the state’s Justice
System Fund, which supports various justice-related endeavors in the judicial branch and
legislative branches of government and the Departments of State Police, Corrections, Health
and Human Services, and Treasury. The fiscal impact on local court systems would depend on
1
Youthful trainee status allows a young person to avoid having a criminal conviction on their record for certain
offenses committed when they are 18 to 25 years of age.
House Fiscal Agency Page 1 of 2
 how provisions of the bill affected court caseloads and related administrative costs. Because
there is no practical way to determine the number of violations that will occur under provisions
of the bill, an estimate of the amount of additional revenue the state would collect, revenue for
libraries, or costs to local courts cannot be made.
POSITIONS:
A representative of the ACLU of Michigan testified in support of the bill. (10-3-23)
The following entities indicated support for the bill:
• Department of the Attorney General (10-3-23)
• Safe and Just Michigan (10-10-23)
• Michigan League for Public Policy (10-3-23)
• Criminal Defense Attorneys of Michigan (10-10-23)
• Nation Outside (10-3-23)
• Michigan Poverty Law Program (10-10-23)
• Apartment Association of Michigan (10-10-23)
Legislative Analyst: Rick Yuille
Fiscal Analyst: Robin Risko
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HB 4948 as reported Page 2 of 2


Statutes affected:
Substitute (H-1): 554.601, 554.616
House Introduced Bill: 554.601, 554.616
As Passed by the House: 554.601, 554.616