Michigan House Bill HB5763

Michigan 2023-2024 Regular Session

• Introduced: 5/30/24
• Refer: 5/30/24

Caption

Housing: landlord and tenants; provision for tenant to escrow rent when certificate is withheld pending compliance; modify. Amends sec. 130 of 1917 PA 167 (MCL 125.530).

Impact

A key element of the bill is the provision that if a compliance certificate is withheld for more than seventy-two hours, the tenant's obligation to pay rent is suspended. This suspended rent must be paid into an escrow account until compliance is achieved. This represents a significant shift in the landlord-tenant dynamic, holding landlords accountable for maintaining safe living conditions and providing tenants with a financial safeguard while non-compliant issues are being resolved.

Summary

House Bill 5763 aims to amend Michigan's Housing Law of 1917 by modifying Section 130 concerning certificates of compliance for rental properties. The bill proposes that if a certificate is withheld pending compliance with health and safety standards, then any premises not occupied for dwelling or rooming purposes shall not be occupied. For those that have been occupied, they may be ordered vacated until re-inspection and proof of compliance are verified by the enforcing agency. This aims to ensure that all occupied properties meet health and safety standards to protect tenants.

Contention

The bill may face contention surrounding the implementation of the escrow account system. Critics might argue that it could lead to financial strain on landlords, particularly if compliance issues stem from tenant actions rather than property conditions. Supporters, however, will likely argue that it is a necessary provision to ensure that tenants are not financially penalized for landlords’ failure to maintain compliant housing conditions. Balancing landlord rights and tenant protections will likely be a point of discussion among legislators.

Voting_history

The voting history of HB5763 is yet to be detailed in the available documents but will likely reflect the divided opinions among legislators concerning housing rights and landlord responsibilities in Michigan.