Written by Forrest Wall, CAE, Staff Vice President and Industry Relations
New Legislation Proposes To Make Certain Evictions More Difficult
Recently introduced legislation in the Michigan House of Representatives would make it more difficult to evict in cases involving controlled substances or threats of physical injury. Under current summary proceedings law, a landlord is entitled to recover possession of premises in cases of controlled substances when a formal police report is filed alleging that the person has unlawfully manufactured, delivered, possessed with intent to deliver, or possessed a controlled substance. House Bill 5396 would change that standard for delivery, possession with intent to deliver, and possession from a formal police report to an actual conviction. The standard for unlawful manufacture of a controlled substance would remain as a formal police report. Further, current law states that you can recover possession in instances where the tenant or member of the tenant’s household has caused or threatened physical injury to another individual, and the police department has been notified. This legislation would change that standard of simple notification of the police to an actual conviction of a crime.
Lead Legislation Would Expand Inspection Law
Proposed amendments to the Housing Law of Michigan would incorporate lead-based paint provisions in rental property inspection law. The legislation, House Bill 5388, would add lead-based paint inspection fees to the fee provision for local building code inspection. Furthermore, a lead-paint violation could trigger existing clauses in the law allowing the local government to order the property to be vacated and/or to have rents paid into an escrow account until the property is abated.
Inclusionary Zoning Bill Amended To Be Voluntary
Legislation which originally proposed to allow for local inclusionary zoning has been amended in the Michigan Senate. Senate Bill 110, as first introduced, would have allowed local governments to dictate to developers the terms for inclusion of affordable units in new residential rental developments. The revised legislation allows local governments to “implement a plan to use voluntary incentives and agreements to increase the supply of moderate- or low-cost private residential property available for lease.”