Written by HBA and AAM CEO, Forrest M. Wall, CAE
Elevator Legislation Introduced
Legislation which would impact apartment properties with elevators has been introduced in the Michigan Senate. The proposed law would require apartment owners to provide “reasonable accommodations” to residents in situations where less than 50 percent of functional elevators in the property are working and the nonfunction of elevators may result in life threatening consequences to residents. Reasonable accommodations are defined in the legislation as “a modification or an adjustment made that is based on a proven need.” It goes on to specify this must include notifying residents of applicable resources and phone numbers for those resources (including 211), and the following:
- Engaging volunteer groups or individuals to assist a resident with mobility issues with purchasing and delivering groceries, running errands, or doing laundry.
- Increasing the amount of time management and maintenance staff stays on-site during work hours
- Paying for a hotel room for a resident with ongoing medical needs and who requires appointments outside the home on an ongoing basis
- Temporarily relocating residents affected by a nonfunctional elevator to vacant ground floor units or to another multifamily dwelling managed by the owner or to a hotel
The legislation also requires property owners, within 6 months of the effective date of the act, to prepare a written plan containing the accommodations the owner will provide in the event that less than 50% of the functional elevators are working. That plan must be presented on a standard form that is to be created by the Michigan State Housing Development Authority (MSHDA). The property owner must submit the plan to MSHDA for approval, and post the plan in a common area and provide a copy to each resident. If MSHDA denies the plan they can request revisions, or, if they determine the plan to be discriminatory then it is referred to the Michigan Civil Rights Commission
Penalty provisions for failure to comply with the written plan include:
- Not more than $500 civil fine for property with 4 or fewer floors
- Not more than $1000 civil fine for property with 5 or more floors
- The civil fine must be increased by 10% every 30 days until compliance
Help AAM Make A Difference In Election 2022!
As we race towards election day on November 8th, the importance of this particular election year cannot be understated. First, all key leadership posts (Governor, Attorney General, Secretary of State) and legislative offices are up for grabs. Second, redistricting has altered the landscape of our state legislative districts, with control of the Michigan House and Senate up for grabs. Given this, your Apartment Association’s role in researching and financially supporting candidates for state office is vitally important to the health of the multifamily rental property industry. One great way you can assist us in this effort is by supporting AAM-PAC. AAM-PAC is the Apartment Association’s political action committee, which utilizes contributions from members and aggregates them into one fund. This fund is used to financially support those candidates who understand the important role of rental housing in Michigan’s economy. In short, we do the legwork for you to find the candidates who will best represent your business, and then support their campaign. Please call Riva Gulli at 248-862-1002 to make your contribution today! AAM-PAC contributions must be made via personal, partnership, LLP, or LLC.