HOUSE BILL NO. 5764
May 30, 2024, Introduced by Reps. Young, Wilson, Weiss, Price, O'Neal, Hope, Morgan,
Tsernoglou and Brenda Carter and referred to the Committee on Economic Development and
Small Business.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 5720, 5741, and 5759 (MCL 600.5720, 600.5741,
and 600.5759), section 5720 as amended by 1980 PA 75 and section
5759 as amended by 2004 PA 31.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 5720. (1) A court shall not enter a judgment against a
2 defendant for possession of the premises for an alleged termination
3 of tenancy shall not be entered against a defendant if 1 or more of
4 the following is established:
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1 (a) That the alleged termination was intended primarily as a
2 penalty for the defendant's attempt to secure or enforce rights
3 under the lease or agreement or under the laws of the this state,
4 of a governmental subdivision of this state, or of the United
5 States.
6 (b) That the alleged termination was intended primarily as a
7 penalty for the defendant's complaint to a governmental authority
8 with a report of plaintiff's violation of a health or safety code
9 or ordinance.
10 (c) That the alleged termination was intended primarily as
11 retribution for a lawful act arising out of the tenancy, including
12 membership in a tenant organization and a lawful activity of a
13 tenant organization arising out of the tenancy.
14 (d) That the alleged termination was of a tenancy in housing
15 operated by a city, village, township, or other unit of local
16 government and was terminated without cause.
17 (e) That the plaintiff attempted to increase the defendant's
18 obligations under the lease or contract as a penalty for the lawful
19 acts as are described in subdivisions (a) to (c) and that the
20 defendant's failure to perform the additional obligations was the
21 primary reason for the alleged termination of tenancy.
22 (f) That the plaintiff committed a breach of the lease which
23 that excuses the payment of rent if possession is claimed for
24 nonpayment of rent.
25 (g) That the rent allegedly due, in an action where in which
26 possession is claimed for nonpayment of rent, was paid into an
27 escrow account waived because of the plaintiff's failure to
28 maintain a certificate of compliance under section 130 of Act No.
29 167 of the Public Acts of 1917, being section the housing law of
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1 Michigan, 1917 PA 167, MCL 125.530, of the Michigan Compiled Laws;
2 was paid pursuant to in accordance with a court order under section
3 134(5) of Act No. 167 of the Public Acts of 1917, as amended, being
4 section the housing law of Michigan, 1917 PA 167, MCL 125.534, of
5 the Michigan Compiled Laws; or was paid to a receiver under section
6 135 of Act No. 167 of the Public Acts of 1917, being section the
7 housing law of Michigan, 1917 PA 167, MCL 125.535. of the Michigan
8 Compiled Laws.
9 (2) If a defendant who alleges a retaliatory termination of
10 the tenancy shows that within 90 days before the commencement of
11 summary proceedings the defendant attempted to secure or enforce
12 rights against the plaintiff or to complain against the plaintiff,
13 as provided in subsection (1)(a), (b), (c), or (e), by means of
14 official action to or through a court or other governmental agency
15 and the official action has not resulted in dismissal or denial of
16 the attempt or complaint, a presumption in favor of the defense of
17 retaliatory termination arises, unless the plaintiff establishes by
18 a preponderance of the evidence that the termination of tenancy was
19 not in retaliation for the acts. If the defendant's alleged attempt
20 to secure or enforce rights or to complain against the plaintiff
21 occurred more than 90 days before the commencement of proceedings
22 or was terminated adversely to the defendant, a presumption adverse
23 to the defense of retaliatory termination arises and the defendant
24 has the burden to establish the defense by a preponderance of the
25 evidence.
26 Sec. 5741. (1) If In summary proceedings under this chapter,
27 if the jury or the judge finds that the plaintiff is entitled to
28 possession of the premises, or any part thereof, of the premises,
29 judgment may be entered in accordance with the finding and may be
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1 enforced by a writ of restitution as provided in this chapter. If
2 it is found that the plaintiff is entitled to possession of the
3 premises , in consequence because of the nonpayment of any money
4 due under a tenancy , or the nonpayment of moneys money required to
5 be paid under an executory contract for purchase of the premises,
6 the jury or judge making the finding shall determine the amount due
7 or in arrears at the time of trial, which amount shall must be
8 stated in the judgment for possession.
9 (2) In determining the amount due under a tenancy as provided
10 in subsection (1), the jury or judge shall deduct any portion of
11 the rent which a prorated per-day rental amount for each day that
12 the jury or judge finds the plaintiff to be excused by the
13 plaintiff's have been in breach of the lease or by his in breach of
14 1 or more statutory covenants imposed by section 39 of chapter 66
15 of the Revised Statutes of 1846, as added, being section 554.139 of
16 the Compiled Laws of 1948.1846 RS 66, MCL 554.139. The amount
17 deducted under this subsection may be the entire amount of the rent
18 if appropriate under the jury's or judge's determination.
19 (3) If the jury or judge finds the plaintiff to have been in
20 breach of the lease or of 1 or more statutory covenants as
21 described in subsection (2), the amount due stated in the judgment
22 for possession under subsection (1) must not include any late fee,
23 and the plaintiff may not recover any late fee in the summary
24 proceedings or in any other action.
25 (4) The statement of an amount in the judgment for possession
26 shall be under subsection (1) is only for the purpose of
27 prescribing the amount which, together that, with taxed costs,
28 shall must be paid to preclude issuance of the writ of restitution.
29 The judgment may include an award of costs, enforceable in the same
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1 manner as other civil judgments for money in the same court.
2 Sec. 5759. (1) In proceedings under this chapter, costs may be
3 allowed in the same amounts as are provided by law in other civil
4 actions in the same court, except that the costs provided by
5 section 2441 shall do not apply. The court may also allow as
6 taxable costs an amount not exceeding the following:
7 (a) For a motion that results in dismissal or judgment,
8 $75.00.
9 (b) For a judgment taken by default or consent, $75.00.
10 (c) For the trial of a claim for possession only, $150.00.
11 (d) For the trial of a claim for a money judgment only,
12 $150.00.
13 (e) For a trial including both a claim for possession and a
14 claim for a money judgment, $150.00.
15 (2) In determining taxable costs in tenancy cases, the judge
16 shall take into consideration whether the jury or judge found that
17 a portion of the rent allegedly due to the plaintiff was excused by
18 reason because of the plaintiff's breach of the lease or breach of
19 his or her statutory covenants. The judge may decide to not award a
20 plaintiff any costs in accordance with this subsection.
21 Enacting section 1. This amendatory act does not take effect
22 unless all of the following bills of the 102nd Legislature are
23 enacted into law:
24 (a) Senate Bill No.____ or House Bill No. 5763 (request no.
25 04072'23).
26 (b) Senate Bill No.____ or House Bill No. 5761 (request no.
27 04074'23).
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Statutes affected: House Introduced Bill: 600.5720