Bill Summary – FastDemocracy

Legislative Analysis
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TENANT NOTIFICATION OF HOUSING LAW VIOLATION
                                                                             http://www.house.mi.gov/hfa
House Bill 4273 as reported from committee                                   Analysis available at
Sponsor: Rep. Amos O’Neal                                                    http://www.legislature.mi.gov
Committee: Regulatory Reform
Complete to 6-5-23
SUMMARY:
       House Bill 4273 would amend the Housing Law of Michigan to require the enforcing agency
       of a municipality to notify the occupants of a multiple dwelling (e.g., an apartment building)
       of a violation involving the property. The bill would also update the information that is required
       to be included in the notice provided to the owner and occupants, as well as changing the kinds
       of violations the Department of Health and Human Services (DHHS) must be notified about.
       In general, if any part of the premises of a multiple dwelling is found to be in violation of a
       provision of the Housing Law, the enforcing agency of the municipality in which the premises
       are located is required to notify the owner (and may notify the tenants) in writing of the
       violation. (An enforcing agency is the designated officer or agency charged with administering
       and enforcing the act.) The notice to the owner must state the date of the inspection, the name
       of the inspector, the nature of the violation, and the time within which the correction must be
       completed. Units in multiple dwellings cannot be occupied unless a certificate of compliance
       has been issued by the enforcing agency. A violation does not prevent a certificate from being
       issued, but a certificate cannot be issued when the existing conditions constitute a hazard to the
       health or safety of the occupants.
       The bill would require the enforcing agency to notify occupants of a violation (rather than, as
       now, allowing them to do so). The bill would require the notice to the owner and each occupant
       to state the specific section of the act that was violated and whether the violation constitutes a
       serious and imminent hazard to the health or safety of the occupants, in addition to providing
       the information described above. (Serious and imminent hazard would mean a dangerous
       condition in the premises that, if it is not immediately corrected by the owner, could reasonably
       be expected to cause death or serious bodily harm to the occupants of the premises.) The notice
       would be required to be provided in a manner reasonably calculated to give actual notice of the
       violation.
       In addition, the Housing Law now requires the enforcing agency to notify DHHS within 48
       hours if an inspector determines that a violation constitutes a hazard to the health or safety of
       the occupants. The bill would change this requirement to apply only to a serious and imminent
       hazard to the occupants’ health and safety. In addition, such a notice is now required to include
       the date of the inspection, the name of the inspector, the nature of the violation, and the time
       within which the correction must be completed. The bill would further require the notice to
       include the specific section of the act that was violated and whether the violation constitutes a
       serious and imminent hazard to the health or safety of the occupants (even though the notice is
       required to be provided only if the latter is true).
       MCL 125.532
House Fiscal Agency                                                                           Page 1 of 2
BRIEF DISCUSSION:
       According to committee testimony, the current law allowing for discretion in providing notice
       to tenants has led to situations where notice was provided only hours before a building was
       condemned and tenants were forced to move out. The bill is intended to ensure that adequate
       notice is given for tenants.
FISCAL IMPACT:
       House Bill 4273 could increase costs to local enforcing agencies by a likely minimal amount
       due to any increased administrative costs and staff resources that may be required under the
       bill’s additional notification requirements.
POSITIONS:
       The following entities indicated support for the bill:
          • Michigan State Housing Development Authority (5-23-23)
          • Rental Property Owners of Michigan (5-23-23)
          • Michigan Poverty Law Program (5-16-23)
          • Property Management Association of Michigan (5-16-23)
          • Apartment Association of Michigan (5-16-23)
                                                          Legislative Analyst: Alex Stegbauer
                                                               Fiscal Analyst: Viola Bay Wild
■ 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 4273 as reported   Page 2 of 2
Statutes affected: 
Substitute (S-3): 125.532
House Introduced Bill: 125.532
As Passed by the House: 125.532
As Passed by the Senate: 125.532
House Concurred Bill: 125.532
Public Act: 125.532
House Enrolled Bill: 125.532