HOUSE BILL NO. 6200
November 26, 2024, Introduced by Rep. Skaggs 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 134 (MCL 125.534), as amended by 2003 PA 80.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 134. (1) If the owner or occupant fails to comply with
2 the order contained in the notice of violation, the enforcing
3 agency may bring an action to enforce this act and to abate or
4 enjoin the violation.
5 (2) An owner or occupant of the premises upon on which a
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1 violation exists may bring an action to enforce this act in his or
2 her the owner's or occupant's own name. Upon On application by the
3 enforcing agency, or upon on motion of the party filing the
4 complaint, the local enforcing agency may be substituted for, or
5 joined with, the complainant in the discretion of the court.
6 (3) If the violation is uncorrected and creates an imminent
7 danger to the health and safety of the occupants of the premises,
8 or if there are no occupants and the violation creates an imminent
9 danger to the health and safety of the public, the enforcing agency
10 shall file a motion for a preliminary injunction or other temporary
11 relief appropriate to remove the danger during the pendency of the
12 action.
13 (4) Owners and lienholders of record or owners and lienholders
14 ascertained by the complainant with the exercise of reasonable
15 diligence shall must be served with a copy of the complaint and a
16 summons. The complainant shall also file a notice of the pendency
17 of the action with the appropriate county register of deeds office
18 where the premises are located.
19 (5) The court of jurisdiction shall make orders and
20 determinations consistent with the objectives of this act. The
21 court may enjoin the maintenance of unsafe, unhealthy, or
22 unsanitary conditions, or violations of this act, and may order the
23 defendant to make repairs or corrections necessary to abate the
24 conditions. The court may authorize the enforcing agency to repair
25 or to remove the building or structure. If an occupant is not the
26 cause of an unsafe, unhealthy, or unsanitary condition, or a
27 violation of this act, and is the complainant, the court may
28 authorize the occupant to correct the violation and deduct the cost
29 from the rent upon on terms the court determines just. If the court
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1 finds that the occupant is the cause of an unsafe, unhealthy, or
2 unsanitary condition, or a violation of this act, the court may
3 authorize the owner to correct the violation and assess the cost
4 against the occupant or the occupant's security deposit.
5 (6) A building or structure shall must not be removed unless
6 the cost of repair of the building or structure will be greater
7 than the state equalized value of the building or structure except
8 in urban core cities or local units of government that are adjacent
9 to or contiguous to an urban core city that have adopted stricter
10 standards to expedite the rehabilitation or removal of a boarded or
11 abandoned building or structure that remains either vacant or
12 boarded, or both, and a significant attempt has not been made to
13 rehabilitate the building or structure for a period of 24
14 consecutive months.
15 (7) If the expense of repair or removal is not provided for,
16 the court may enter an order approving the expense and placing a
17 lien on the real property for the payment of the expense. The order
18 may establish and provide for the priority of the lien as a senior
19 lien, except as to tax and assessment liens, and except as to a
20 recorded mortgage of first priority, recorded prior to before all
21 other liens of record if, at the time of recording of that mortgage
22 or at a time subsequent, a certificate of compliance as provided
23 for in this act is in effect on the subject property. The order may
24 also specify the time and manner for foreclosure of the lien if the
25 lien is not satisfied. A true copy of the order shall must be filed
26 with the appropriate county register of deeds office where the real
27 property is located within not later than 10 days after entry of
28 the order to perfect the lien granted in the order.
29 (8) This act does not preempt, preclude, or interfere with the
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1 authority of a municipality to protect the health, safety, and
2 general welfare of the public through ordinance, charter, or other
3 means.
4 (9) As used in this section: , "urban
5 (a) "Qualified local governmental unit" means 1 or more of the
6 following:
7 (i) A city with a median family income of 150% or less of the
8 statewide median family income as reported in the 1990 federal
9 decennial census that meets 1 or more of the following criteria:
10 (A) Contains or has within its borders an eligible distressed
11 area as that term is defined in section 11(u)(ii) and (iii) of the
12 state housing development authority act of 1966, 1966 PA 346, MCL
13 125.1411.
14 (B) Is contiguous to a city with a population of 500,000 or
15 more.
16 (C) Has a population of 10,000 or more that is located outside
17 of an urbanized area as delineated by the United States Bureau of
18 the Census.
19 (D) Is the central city of a metropolitan area designated by
20 the United States Office of Management and Budget.
21 (E) Has a population of 100,000 or more that is located in a
22 county with a population of 2,000,000 or more according to the 1990
23 federal decennial census.
24 (ii) A township with a median family income of 150% or less of
25 the statewide median family income as reported in the 1990 federal
26 decennial census that meets 1 or more of the following criteria:
27 (A) Is contiguous to a city with a population of 500,000 or
28 more.
29 (B) All of the following:
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1 (I) Contains or has within its borders an eligible distressed
2 area as that term is defined in section 11(u)(ii) of the state
3 housing development authority act of 1966, 1966 PA 346, MCL
4 125.1411.
5 (II) Has a population of 10,000 or more.
6 (iii) A village with a population of 500 or more as reported in
7 the 1990 federal decennial census located in an area designated as
8 a rural enterprise community before 1998 under title XIII of the
9 omnibus budget reconciliation act of 1993, Public Law 103-66.
10 (iv) A city that meets all of the following criteria:
11 (A) Has a population of more than 20,000 or less than 5,000
12 and is located in a county with a population of 2,000,000 or more
13 according to the 1990 federal decennial census.
14 (B) As of January 1, 2000, has an overall increase in the
15 state equalized valuation of real and personal property of less
16 than 65% of the statewide average increase since 1972 as determined
17 for the designation of eligible distressed areas under section
18 11(u)(ii)(B) of the state housing development authority act of 1966,
19 1966 PA 346, MCL 125.1411.
20 (b) "Urban core cities" means qualified local governmental
21 units. as that term is defined in section 2 of the obsolete
22 property rehabilitation act, 2000 PA 146, MCL 125.2782.
23 Enacting section 1. This amendatory act does not take effect
24 unless Senate Bill No.____ or House Bill No.____ (request no.
25 04434'23) of the 102nd Legislature is enacted into law.
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Statutes affected: House Introduced Bill: 125.534