Advocacy Update

Forrest WallWritten by Forrest Wall, CAE, Staff Vice President and Industry Relations

Apartment Inspection Law Reform
The 2013-2014 state legislative session saw action on a wide array of multifamily rental property and business proposals. The session ended in December, which means that all legislation proposed but not enacted will need to be reintroduced to be considered by the legislature in 2015-2016. Below is a recap of a few key apartment industry issues pending as the session closed:

Apartment Inspection Reform – Senate Bill 313, introduced at the request of AAM and our highest legislative priority, proposed significant reforms to the Housing Law of Michigan. The legislation included resident right of permission to allow local government entry to inspect, limits on registration fees, inclusion of townships under the law, and a limitation on local requirement for advance payment of inspection fees. The bill was passed by the Senate in June 2014, but with the election season dominating the summer and fall the House of Representatives did not take up the bill until lame duck in November. A great deal of misinformation was presented by the opposition late in the process as Representatives considered the bill, which, when coupled with the short timeframe for action before the end of the session, proved to be too big of a hurdle to passage. Although disappointing that the clock ran out for movement of this bill in 2014, the issues addressed in the bill will be presented to the new legislature and AAM will continue to advocate for the rights of renters and landlords in this regard.

Many of you responded to my requests to contact to your legislator. Although space does not allow me to acknowledge you individually in this article, please know how grateful I am for your efforts! I want to extend a special thank you to AAM President Allen Amber, who spent a great deal of time representing the industry in work group, testifying before legislative committees, and provided me with the input needed to formulate our position on this issue. AAM is truly fortunate to have such a dedicated and thoughtful leader!

Medical Marihuana – Senate Bill 783 proposed to prohibit the smoking of medical marihuana on private property in violation of a prohibition established by the property owner. It also prohibited smoking marihuana in any public place including any portion of private property that is open to the public. Finally, the bill stated that nothing in the Michigan Medical Marihuana Act could be construed to require a private property owner to lease property to a person who smoked or cultivated marihuana on the premises, if that activity were prohibited in the written lease. As with the inspection reform legislation, after passage by the Senate, the House of Representatives failed to act on this important legislation.

Elliott-Larsen Act Amendments – Bills to amend the Elliott-Larson Civil Rights Act to include sexual orientation and gender identity and expression among the protected classes failed to win legislative approval.

Cable Access – Legislation granting cable operators access and easement rights onto multifamily buildings, as well as other onerous provisions infringing on the property rights of every multifamily rental property owner, was opposed by AAM. This legislation was not acted upon by the legislature.

Bedbugs – Legislation introduced in both the Senate and House of Representatives to address bedbug infestations in rental property failed to move. The bills proposed to add a section in the Landlord and Tenant Relationships Act to provide for the responsibilities of tenants and landlords in situations where bedbugs are suspected and/or present.

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