Written by Forrest Wall, CAE
Staff Vice President and Industry Relations
Cable Company Access Bill Introduced
Legislation affecting the property rights of every multifamily rental property owner has been introduced in the Michigan House of Representatives. House Bill 5896, sponsored by Rashida Talib (D- Detroit), creates the Multiple-Dwelling Complex Cable Access Act. If enacted as written, this act would provide the following:
- Grant cable operators access to multiple-dwelling complexes. Access is defined as entrance onto the premises and an easement for all functions in the construction and operation of a cable communications system.
- Grants alternative providers the right to use cable equipment to provide service to residents. Alternative providers include cable operators, antenna television systems, satellite systems, and multipoint distribution systems.
- Provides that if a rental property resident requests a cable operator’s services to the dwelling, the property owner shall provide the cable operator access, and this access shall be perpetual and transferable from one cable operator to another.
- Allows a property owner to require a cable operator to submit plans for the placement of the cable system prior to installation or modification. However, the property owner must notify the cable operator of objections within 7 days of receipt of the plans or the cable operator may implement the plans.
- Mandates that the cable operator shall indemnify a property owner for damage caused by the cable operator in the installation, operation, maintenance, or removal of equipment and compensate the owner for diminution in fair market value resulting from the installation of a nonexclusive cable system.
- Establish written notice protocol for cable operators to obtain access and a 45 day timeframe for property owner acceptance/refusal.
- Establish a procedure for the cable operator to file an action in circuit court when denied access by the property owner.
- Establishes a civil fine of not more than $2,000 per day for interference with the installation, operation, inspection, maintenance, or removal of cable systems under the act.
AAM is opposing this legislation and will keep members apprised of its status.
Truth In Renting Act Legislation Introduced
Legislation was introduced in October to amend the section of the Truth In Renting Act that covers mandatory statements in a rental agreement. House Bill 5885 proposes to require the following statement in all rental agreements: “Notice: Your personal property is not covered by the landlord’s insurance policy. You may want to purchase renters insurance.” The statement would need to be in at least 12-point type, or legible print with letters not smaller than 1/8 inch.