Written by Forrest Wall, CAE, Vice President Government Affairs and Industry Relations
Lead Paint Bills Would Impact Rental Housing
Despite the legislature’s minimal session time the last couple months, activity has continued on various bills as legislators work from home. This includes a set of bills introduced in January which address lead-based paint. The bills affecting rental housing break down as follows:
House Bill 5361 – Requires inspection before a sale of residential real property constructed before 1978. The inspection must be made by an inspector certified under the Public Health Code, and the inspection report must be provided to the buyer prior to a purchase agreement.
House Bill 5362 – Amends the Housing Law of Michigan to allow for rental housing inspection fees to include the cost of lead paint inspections. This bill also amends the law to allow rents paid into escrow when a certificate of compliance is suspended to be used to defray lead paint abatement.
House Bill 5364 – Amends the Public Health Code to lower the threshold of lead found in the blood of a minor in the section of the law that subjects landlords to penalties when they have knowledge of the lead paint in the rental and did not make a good faith effort to control it. This bill also adds to the landlord’s burden of proof when defending against a claim.
House Bill 5366 – Creates a new tax on architectural paint of $.25 per gallon. Under the bill the proceeds from the tax would go toward grants for lead abatement and reduction in residential rental dwellings.
House Bill 5367 – Allows a taxpayer to claim a credit against their Michigan Income Tax for the lead certification fees they incur as a result of a lead paint assessment/abatement activity.
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