HOUSE BILL NO. 5763
May 30, 2024, Introduced by Reps. Morgan, Wilson, Weiss, Price, O'Neal, Hope, Tsernoglou and
Brenda Carter and referred to the Committee on Economic Development and Small Business.
A bill to amend 1917 PA 167, entitled
"Housing law of Michigan,"
by amending section 130 (MCL 125.530).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 130. (1) When If a certificate is withheld pending
2 compliance, no premises which that have not been occupied for
3 dwelling or rooming purposes shall must not be so occupied, and
4 those premises which that have been or are occupied for dwelling or
5 rooming purposes may be ordered vacated until reinspection and
6 proof of compliance in the discretion of the enforcing agency.
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1 (2) A certificate of compliance shall must be issued on
2 condition that the premises remain in safe, healthful healthy, and
3 fit condition for occupancy. If upon reinspection the enforcing
4 agency determines that conditions exist which that constitute a
5 hazard to health or safety, the certificate shall must be
6 immediately suspended as to affected areas, and the areas may be
7 vacated as provided in subsection (1).
8 (3) The Seventy-two hours after a certificate of compliance is
9 withheld under subsection (1) or has not been issued or is
10 suspended under subsection (2), the duty to pay rent in accordance
11 with under the terms of any lease, or agreement, or under the
12 provisions of any statute shall be is suspended and the suspended
13 rentals shall be paid into an escrow account as provided in
14 subsection (4), waived during that period when the premises have
15 not been issued a certificate of compliance, or when such the
16 certificate, once issued, has been suspended. This subsection does
17 not apply until the owner has had a reasonable time after the
18 effective date of this article or after notice of violations to
19 make application for a temporary certificate, as provided in
20 section 131. Nor does this This subsection does not apply where if
21 the owner establishes that the conditions which that constitute a
22 hazard to health or safety were caused by the occupant or
23 occupants. The rent, once suspended, shall again become due in
24 accordance with the terms of the lease or agreement or statute from
25 and after the time of reinstatement of the certificate, or where a
26 temporary certificate has been issued, as provided in section 131.
27 (4) Rents due for the period during which rent is suspended
28 shall be paid into an escrow account established by the enforcing
29 officer or agency, to be paid thereafter to the landlord or any
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1 other party authorized to make repairs, to defray the cost of
2 correcting the violations. The enforcing agency shall return any
3 unexpended part of sums paid under this section, attributable to
4 the unexpired portion of the rental period, where the occupant
5 terminates his tenancy or right to occupy prior to the undertaking
6 to repair.
7 (4) (5) When the If a certificate of compliance has been
8 suspended , or has not been issued, and the rents thereafter
9 withheld are not paid into the escrow account, actions for rent,
10 for late fees, and for possession of the premises for nonpayment of
11 rent may not be maintained. , subject to such defenses as the
12 tenant or occupant may have upon the lease or contract.
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Statutes affected:
House Introduced Bill: 125.530