Advocacy Update

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

Bedbug Legislation Introduced
Legislation has been introduced in both the Michigan Senate and House of Representatives to address bedbug infestations in rental property. Senate Bill 657 and House Bill 5199 propose to add a section in the Landlord and Tenant Relationships Act (Public Act 348 of 1972) to provide for the responsibilities of tenants and landlords in situations where bedbugs are suspected and/or present. However, the specific provisions in the two bills have significant differences.

Senate Bill 657 is based on model legislation provided by the National Apartment Association. The bill provides for optional pre-tenancy certification to state a unit is free of bedbugs, and considers a unit free of bedbugs at the beginning of tenancy if a tenant fails to report a suspected infestation within 7 days of the initial date of occupancy. A landlord is given 7 days from receipt of written notice of suspected infestation to have the unit inspected, and if the inspection confirms infestation then the landlord has 7 days to begin control measures. Treatment is to be carried out by a licensed pest management professional. After written notice to the landlord of suspected infestation, a tenant shall grant access for inspection/treatment and comply with the control protocol established by the landlord or the landlord’s pest management professional. The bill also bans tenant treatment of a rental unit. Furthermore, if the tenant or the tenant’s guest causes an infestation, the tenant shall pay the cost of treatment for that unit and any other areas where bedbugs have spread. The bill specifically states the landlord is not liable, except in cases of gross negligence, for damages arising from an infestation or treatment. Finally, there is a preemption of local ordinances for control or treatment of bedbugs in conflict with the provisions of the bill.

House Bill 5199 states that once a tenant has notified a landlord of a potential infestation the landlord must inspect the unit within 5 days, and, if the inspection reveals an infestation, the landlord shall inspect adjoining units and perform control measures within 7 days. Landlords would be barred from offering to rent a unit the landlord knows or suspects to be infested, and, upon request from a tenant or prospective tenant, the landlord would be required to disclose the last inspection of the unit and whether the unit was found to be infested. A violation of the landlord’s responsibilities under the bill would constitute a breach of the lease and the landlord would be liable to the tenant for $250.00 or damages, whichever is greater, plus attorney fees. Tenants would be required to promptly notify a landlord of an infestation or suspected infestation, and grant access to the unit for inspection and treatment within 24 hours of notice. If a tenant fails to comply with his/her responsibilities, the landlord can bring action in district court to seek injunctive relief or damages. House Bill 5199 is tie-barred with two other related bills. The first bill includes infestation in the various conditions which a health department official may issue orders under the Public Health Code. The second bill directs the Michigan Department of Community Health to develop a model policy for bedbug prevention, management, and control.

Last Chance for Builders License Continuing Competency

Remember, if you hold a Michigan Residential Builder License and you wish to maintain your license, the State of Michigan now requires you to complete three hours of “continuing competency” by your renewal deadline of May 31, 2014. AAM and HBA have held numerous classes covering each of the required categories – one hour codes, one hour legal and one hour safety. The final class opportunity is scheduled for May 14 from 1:00 pm to 4:00 pm. Visit HBA’s website for online registration at www.builders.org/events.php.

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