Michigan 2023-2024 Regular Session

Michigan House Bill HB5767 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE BILL NO. 5767 A bill to amend 1972 PA 348, entitled "An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties," by amending section 1b (MCL 554.601b), as added by 2010 PA 199. the people of the state of michigan enact:
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25	25	HOUSE BILL NO. 5767
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29	29	A bill to amend 1972 PA 348, entitled
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31	31	"An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties,"
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33	33	by amending section 1b (MCL 554.601b), as added by 2010 PA 199.
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35	35	the people of the state of michigan enact:
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37	37	1 2 Sec. 1b. (1) A tenant who has a reasonable apprehension of present danger to the tenant or his or her the tenant's child from 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 domestic violence, sexual assault, or stalking while that person individual is a tenant shall must be released from his or her the tenant's rental payment agreement obligation in accordance with the requirements of this section after submittal of written notice of his or her the tenant's intent to seek a release from the tenant's rental agreement obligation and written documentation that the tenant has a reasonable apprehension of present danger to the tenant or his or her the tenant's child from domestic violence, sexual assault, or stalking. Submittal of written notice shall be made by certified mail. A rental agreement may contain a provision stating "A tenant who has a reasonable apprehension of present danger to him or her the tenant or his or her the tenant's child from domestic violence, sexual assault, or stalking may have special statutory rights to seek a release of rental agreement obligation under MCL 554.601b.". If the rental agreement does not contain such a provision, the landlord shall post written notice visible to a reasonable person in the landlord's property management office or deliver written notice to the tenant when the lease agreement is signed. The content of the written notice shall must be identical to the provision in this section. Submittal of the written notice to seek a release from rental agreement obligation must be made in a manner reasonably calculated to give actual notice of the tenant's reasonable apprehension of present danger to the tenant or the tenant's child from domestic violence, sexual assault, or stalking to the landlord, including, but not limited to, any of the following: (a) By certified mail. (b) By email. For purposes of this subdivision, the tenant must ensure that the written notice is sent to an email address 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 that the landlord provided to the tenant or previously used to communicate with the tenant. (c) By personal delivery of the written notice to the landlord, signed by the landlord, and of which the tenant retains a copy or image. (d) By submitting the written notice through an electronic portal specified by the landlord in the rental agreement for communications. (e) In any other manner of transmitting written communication that the tenant has previously used to communicate with the landlord and the landlord has previously accepted, or that the landlord has notified the tenant is a manner of contacting the landlord. The manner of transmitting written communication under this subdivision includes, but is not limited to, text messages on a wireless 2-way communication device. (2) The tenant shall include in the submittal required under subsection (1) a written statement that the tenant or a child of the tenant has a reasonable apprehension of present danger to the tenant or the tenant's child from domestic violence, sexual assault, or stalking. For purposes of releasing a tenant from his or her the tenant's obligation to pay rent, the tenant is released from an obligation to pay rent no later than the first day of the second month that rent is due fifteenth day after the date the written notice to seek a release from the tenant's rental agreement obligation is given. A release of a rental agreement obligation under this section does not apply to prepaid amounts, including, but not limited to, prepayment of the first and last months' rent. A release of rental agreement obligation under this section does not take effect before the tenant vacates the premises. Nothing in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 this section shall prevent prevents a landlord from withholding security deposits pursuant to section 13(1)(d). This subsection does not affect other sums that may be withheld by the landlord under this act or other applicable law. (3) The requirement in subsection (1) that a tenant provide submit written documentation that the tenant has a reasonable apprehension of present danger to the tenant or his or her the tenant's child from domestic violence, sexual assault, or stalking is satisfied by providing 1 or more of the following written documents to the landlord: (a) A valid personal protection order or foreign protection order as defined in section 2950h of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950h, or an order removing an abusive person from a home under MCL 712A.13a(4), section 13a(4) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.13a, issued by a court of competent jurisdiction that remains in effect on the date of submittal. (b) A valid probation order, conditional release order, or parole order that is still in effect on the date of submittal if the probation order, conditional release order, or parole order indicates that the individual subject to the order is subject to conditions reasonably necessary to protect the tenant or child of the tenant, including a condition that the individual is to have no contact with the tenant or child of the tenant. (c) A written police report that has resulted in the filing of charges by the prosecuting attorney that has jurisdiction over the matter if the charges were filed not more than 14 days before submittal of the written notice required under subsection (1). (d) A written police report that has resulted in the filing of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 charges by the prosecuting attorney that has jurisdiction over the matter if the charges were filed more than 14 days before submittal of the written notice required under subsection (1). A tenant who uses a police report under this subdivision shall demonstrate a verifiable threat of present danger from domestic violence, sexual assault, or stalking. Filing of the form under subdivision (e) shall be a demonstration of a verifiable threat of present danger from domestic violence, sexual assault, or stalking.detailing the circumstances surrounding the tenant's reasonable apprehension of present danger to the tenant or the tenant's child from domestic violence, sexual assault, or stalking, whether or not the written police report resulted in the filing of charges by a prosecuting attorney. (d) (e) Submittal to the landlord of a report that is verified by a qualified third party in that substantially conforms to the following form: ................................................................... [Name of organization, agency, clinic, professional service provider] I and/or my .......(child) have/has have a reasonable apprehension of present danger to myself and/or my child from ... domestic violence as defined by MCL 400.1501. ... sexual assault as defined by MCL 750.520a to 750.520l. ... stalking as defined by MCL 750.411h or 750.411i. Briefly describe the incident giving rise to the reasonable apprehension of domestic violence, sexual assault, or stalking: ...................................................................................................................................... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 The incident(s) that I rely on in support of this declaration occurred on the following date(s) and time(s): ........ and at the following location(s): ............................................ ................................................................... The incident(s) that I rely on in support of this declaration was/were committed by the following person(s), if known: ................................................................... I state under penalty of perjury under the laws of the state of Michigan that the foregoing above information is true and correct. By submitting this statement I do not waive any legally recognized privilege protecting any communications that I may have with the agency or representative whose name appears below or with any other person or entity. I understand that my obligation to pay rent will end no later than the first day of the second month that rent is due fifteenth day after the date I give notice, . My that my obligation to pay rent does not end until I vacate the premises, . I understand and that my landlord may keep prepaid amounts, including first and last months' rent and all or part of my security deposit or other amounts as allowed under law. Dated at ..... (city) ..., Michigan, this ... day of ...., 20... .......................... Signature of Tenant or Household Member 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 I verify under penalty of perjury under the laws of the state of Michigan that I have provided services to the person individual whose signature appears above and that, based on information communicated to me by the person individual whose signature appears above, the individual has a reasonable apprehension of present danger to the individual or his or her the individual's child from domestic violence, sexual assault, or stalking, and that the individual informed me of the name of the alleged perpetrator of the actions, giving rise to the apprehension if known. This verification does not waive any legally recognized privilege that I, my agency, or any of its representatives have with the person individual whose signature appears above. Dated this ... day of ...., 20... .......................... Signature of authorized officer/employee of (organization, agency, clinic, professional service provider) .......................... License number or organizational tax identification number .......................... Organization name .......................... Printed address (4) The landlord shall reveal forwarding address information submitted by the tenant to other individuals only as reasonably necessary to accomplish the landlord's regular and ordinary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 business purpose. The landlord shall not intentionally reveal forwarding address information or documentation submitted by the tenant under this section to the person individual that the tenant has identified as the source of the reasonable apprehension of domestic violence, sexual assault, or stalking. (5) If a rental agreement obligates multiple tenants to be liable for rental agreement obligations and a tenant is released from his or her the tenant's rental agreement obligations under this section, all other tenants who are parties to the rental agreement remain subject to the rental agreement. (6) This section applies only to leases entered into, renewed, or renegotiated after the effective date of the amendatory act that added this section.October 5, 2010. (7) Nothing in this act shall This act does not prejudice a landlord's right to pursue available remedies against other parties under this act. (8) As used in this section: (a) "Child" means the minor child residing with the tenant or an adult child who is a legally incapacitated individual as that term is defined in section 1105 of the estates and protected individuals code, 1998 PA 386, MCL 700.1105. (b) "Domestic violence" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501. (c) "Qualified third party" means 1 or more of the following: (i) A sexual assault or domestic violence counselor. (ii) A health professional licensed or registered under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838. (iii) A mental health professional as defined in section 100b of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 the mental health code, 1974 PA 258, MCL 330.1100b. (iv) A member of the clergy, if the clergy member is affiliated with a tax-exempt religious institution under section 501(c)(3) of the internal revenue code of 1986, 26 USC 501, that is listed in a telephone directory. (d) "Sexual assault" means conduct described in sections 520a to 520l of the Michigan penal code, 1931 PA 328, MCL 750.520a to 750.520l. (e) "Sexual assault or domestic violence counselor" means a person who is employed at or who volunteers service at a sexual assault or domestic violence crisis center and who, in that capacity, provides advice, counseling, or other assistance to victims of sexual assault or domestic violence and their families. (f) "Stalking" means that term as defined in section 411h or 411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and 750.411i.
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43	43	Sec. 1b. (1) A tenant who has a reasonable apprehension of present danger to the tenant or his or her the tenant's child from
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103	103	domestic violence, sexual assault, or stalking while that person individual is a tenant shall must be released from his or her the tenant's rental payment agreement obligation in accordance with the requirements of this section after submittal of written notice of his or her the tenant's intent to seek a release from the tenant's rental agreement obligation and written documentation that the tenant has a reasonable apprehension of present danger to the tenant or his or her the tenant's child from domestic violence, sexual assault, or stalking. Submittal of written notice shall be made by certified mail. A rental agreement may contain a provision stating "A tenant who has a reasonable apprehension of present danger to him or her the tenant or his or her the tenant's child from domestic violence, sexual assault, or stalking may have special statutory rights to seek a release of rental agreement obligation under MCL 554.601b.". If the rental agreement does not contain such a provision, the landlord shall post written notice visible to a reasonable person in the landlord's property management office or deliver written notice to the tenant when the lease agreement is signed. The content of the written notice shall must be identical to the provision in this section. Submittal of the written notice to seek a release from rental agreement obligation must be made in a manner reasonably calculated to give actual notice of the tenant's reasonable apprehension of present danger to the tenant or the tenant's child from domestic violence, sexual assault, or stalking to the landlord, including, but not limited to, any of the following:
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105	105	(a) By certified mail.
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107	107	(b) By email. For purposes of this subdivision, the tenant must ensure that the written notice is sent to an email address
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167	167	that the landlord provided to the tenant or previously used to communicate with the tenant.
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169	169	(c) By personal delivery of the written notice to the landlord, signed by the landlord, and of which the tenant retains a copy or image.
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171	171	(d) By submitting the written notice through an electronic portal specified by the landlord in the rental agreement for communications.
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173	173	(e) In any other manner of transmitting written communication that the tenant has previously used to communicate with the landlord and the landlord has previously accepted, or that the landlord has notified the tenant is a manner of contacting the landlord. The manner of transmitting written communication under this subdivision includes, but is not limited to, text messages on a wireless 2-way communication device.
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175	175	(2) The tenant shall include in the submittal required under subsection (1) a written statement that the tenant or a child of the tenant has a reasonable apprehension of present danger to the tenant or the tenant's child from domestic violence, sexual assault, or stalking. For purposes of releasing a tenant from his or her the tenant's obligation to pay rent, the tenant is released from an obligation to pay rent no later than the first day of the second month that rent is due fifteenth day after the date the written notice to seek a release from the tenant's rental agreement obligation is given. A release of a rental agreement obligation under this section does not apply to prepaid amounts, including, but not limited to, prepayment of the first and last months' rent. A release of rental agreement obligation under this section does not take effect before the tenant vacates the premises. Nothing in
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235	235	this section shall prevent prevents a landlord from withholding security deposits pursuant to section 13(1)(d). This subsection does not affect other sums that may be withheld by the landlord under this act or other applicable law.
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237	237	(3) The requirement in subsection (1) that a tenant provide submit written documentation that the tenant has a reasonable apprehension of present danger to the tenant or his or her the tenant's child from domestic violence, sexual assault, or stalking is satisfied by providing 1 or more of the following written documents to the landlord:
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239	239	(a) A valid personal protection order or foreign protection order as defined in section 2950h of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950h, or an order removing an abusive person from a home under MCL 712A.13a(4), section 13a(4) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.13a, issued by a court of competent jurisdiction that remains in effect on the date of submittal.
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241	241	(b) A valid probation order, conditional release order, or parole order that is still in effect on the date of submittal if the probation order, conditional release order, or parole order indicates that the individual subject to the order is subject to conditions reasonably necessary to protect the tenant or child of the tenant, including a condition that the individual is to have no contact with the tenant or child of the tenant.
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243	243	(c) A written police report that has resulted in the filing of charges by the prosecuting attorney that has jurisdiction over the matter if the charges were filed not more than 14 days before submittal of the written notice required under subsection (1).
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245	245	(d) A written police report that has resulted in the filing of
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303	303	charges by the prosecuting attorney that has jurisdiction over the matter if the charges were filed more than 14 days before submittal of the written notice required under subsection (1). A tenant who uses a police report under this subdivision shall demonstrate a verifiable threat of present danger from domestic violence, sexual assault, or stalking. Filing of the form under subdivision (e) shall be a demonstration of a verifiable threat of present danger from domestic violence, sexual assault, or stalking.detailing the circumstances surrounding the tenant's reasonable apprehension of present danger to the tenant or the tenant's child from domestic violence, sexual assault, or stalking, whether or not the written police report resulted in the filing of charges by a prosecuting attorney.
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305	305	(d) (e) Submittal to the landlord of a report that is verified by a qualified third party in that substantially conforms to the following form:
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307	307	...................................................................
308	308	[Name of organization, agency, clinic, professional service provider]
309	309	I and/or my .......(child) have/has have a reasonable apprehension of present danger to myself and/or my child from
310	310	... domestic violence as defined by MCL 400.1501.
311	311	... sexual assault as defined by MCL 750.520a to 750.520l.
312	312	... stalking as defined by MCL 750.411h or 750.411i.
313	313	Briefly describe the incident giving rise to the reasonable apprehension of domestic violence, sexual assault, or stalking: ......................................................................................................................................
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317	317	[Name of organization, agency, clinic, professional service provider]
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319	319	I and/or my .......(child) have/has have a reasonable apprehension of present danger to myself and/or my child from
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321	321	... domestic violence as defined by MCL 400.1501.
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323	323	... sexual assault as defined by MCL 750.520a to 750.520l.
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325	325	... stalking as defined by MCL 750.411h or 750.411i.
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327	327	Briefly describe the incident giving rise to the reasonable apprehension of domestic violence, sexual assault, or stalking: ......................................................................................................................................
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387	387	The incident(s) that I rely on in support of this declaration occurred on the following date(s) and time(s): ........ and at the following location(s): ............................................ ...................................................................
388	388	The incident(s) that I rely on in support of this declaration was/were committed by the following person(s), if known: ...................................................................
389	389	I state under penalty of perjury under the laws of the state of Michigan that the foregoing above information is true and correct. By submitting this statement I do not waive any legally recognized privilege protecting any communications that I may have with the agency or representative whose name appears below or with any other person or entity. I understand that my obligation to pay rent will end no later than the first day of the second month that rent is due fifteenth day after the date I give notice, . My that my obligation to pay rent does not end until I vacate the premises, . I understand and that my landlord may keep prepaid amounts, including first and last months' rent and all or part of my security deposit or other amounts as allowed under law.
390	390	Dated at ..... (city) ..., Michigan, this ... day of ...., 20...
391	391	..........................
392	392	Signature of Tenant or
393	393	Household Member
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395	395	The incident(s) that I rely on in support of this declaration occurred on the following date(s) and time(s): ........ and at the following location(s): ............................................ ...................................................................
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397	397	The incident(s) that I rely on in support of this declaration was/were committed by the following person(s), if known: ...................................................................
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399	399	I state under penalty of perjury under the laws of the state of Michigan that the foregoing above information is true and correct. By submitting this statement I do not waive any legally recognized privilege protecting any communications that I may have with the agency or representative whose name appears below or with any other person or entity. I understand that my obligation to pay rent will end no later than the first day of the second month that rent is due fifteenth day after the date I give notice, . My that my obligation to pay rent does not end until I vacate the premises, . I understand and that my landlord may keep prepaid amounts, including first and last months' rent and all or part of my security deposit or other amounts as allowed under law.
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401	401	Dated at ..... (city) ..., Michigan, this ... day of ...., 20...
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409	409	Signature of Tenant or
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473	473	I verify under penalty of perjury under the laws of the state of Michigan that I have provided services to the person individual whose signature appears above and that, based on information communicated to me by the person individual whose signature appears above, the individual has a reasonable apprehension of present danger to the individual or his or her the individual's child from domestic violence, sexual assault, or stalking, and that the individual informed me of the name of the alleged perpetrator of the actions, giving rise to the apprehension if known. This verification does not waive any legally recognized privilege that I, my agency, or any of its representatives have with the person individual whose signature appears above.
474	474	Dated this ... day of ...., 20...
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476	476	Signature of authorized
477	477	officer/employee of
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479	479	clinic, professional
480	480	service provider)
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482	482	License number or organizational
483	483	tax identification number
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485	485	Organization name
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487	487	Printed address
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489	489	I verify under penalty of perjury under the laws of the state of Michigan that I have provided services to the person individual whose signature appears above and that, based on information communicated to me by the person individual whose signature appears above, the individual has a reasonable apprehension of present danger to the individual or his or her the individual's child from domestic violence, sexual assault, or stalking, and that the individual informed me of the name of the alleged perpetrator of the actions, giving rise to the apprehension if known. This verification does not waive any legally recognized privilege that I, my agency, or any of its representatives have with the person individual whose signature appears above.
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491	491	Dated this ... day of ...., 20...
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511	511	clinic, professional
512	512
513	513
514	514
515	515	service provider)
516	516
517	517
518	518
519	519	..........................
520	520
521	521
522	522
523	523	License number or organizational
524	524
525	525
526	526
527	527	tax identification number
528	528
529	529
530	530
531	531	..........................
532	532
533	533
534	534
535	535	Organization name
536	536
537	537
538	538
539	539	..........................
540	540
541	541
542	542
543	543	Printed address
544	544
545	545	(4) The landlord shall reveal forwarding address information submitted by the tenant to other individuals only as reasonably necessary to accomplish the landlord's regular and ordinary
546	546
547	547	1
548	548
549	549	2
550	550
551	551	3
552	552
553	553	4
554	554
555	555	5
556	556
557	557	6
558	558
559	559	7
560	560
561	561	8
562	562
563	563	9
564	564
565	565	10
566	566
567	567	11
568	568
569	569	12
570	570
571	571	13
572	572
573	573	14
574	574
575	575	15
576	576
577	577	16
578	578
579	579	17
580	580
581	581	18
582	582
583	583	19
584	584
585	585	20
586	586
587	587	21
588	588
589	589	22
590	590
591	591	23
592	592
593	593	24
594	594
595	595	25
596	596
597	597	26
598	598
599	599	27
600	600
601	601	28
602	602
603	603	29
604	604
605	605	business purpose. The landlord shall not intentionally reveal forwarding address information or documentation submitted by the tenant under this section to the person individual that the tenant has identified as the source of the reasonable apprehension of domestic violence, sexual assault, or stalking.
606	606
607	607	(5) If a rental agreement obligates multiple tenants to be liable for rental agreement obligations and a tenant is released from his or her the tenant's rental agreement obligations under this section, all other tenants who are parties to the rental agreement remain subject to the rental agreement.
608	608
609	609	(6) This section applies only to leases entered into, renewed, or renegotiated after the effective date of the amendatory act that added this section.October 5, 2010.
610	610
611	611	(7) Nothing in this act shall This act does not prejudice a landlord's right to pursue available remedies against other parties under this act.
612	612
613	613	(8) As used in this section:
614	614
615	615	(a) "Child" means the minor child residing with the tenant or an adult child who is a legally incapacitated individual as that term is defined in section 1105 of the estates and protected individuals code, 1998 PA 386, MCL 700.1105.
616	616
617	617	(b) "Domestic violence" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.
618	618
619	619	(c) "Qualified third party" means 1 or more of the following:
620	620
621	621	(i) A sexual assault or domestic violence counselor.
622	622
623	623	(ii) A health professional licensed or registered under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
624	624
625	625	(iii) A mental health professional as defined in section 100b of
626	626
627	627	1
628	628
629	629	2
630	630
631	631	3
632	632
633	633	4
634	634
635	635	5
636	636
637	637	6
638	638
639	639	7
640	640
641	641	8
642	642
643	643	9
644	644
645	645	10
646	646
647	647	11
648	648
649	649	12
650	650
651	651	13
652	652
653	653	14
654	654
655	655	15
656	656
657	657	16
658	658
659	659	the mental health code, 1974 PA 258, MCL 330.1100b.
660	660
661	661	(iv) A member of the clergy, if the clergy member is affiliated with a tax-exempt religious institution under section 501(c)(3) of the internal revenue code of 1986, 26 USC 501, that is listed in a telephone directory.
662	662
663	663	(d) "Sexual assault" means conduct described in sections 520a to 520l of the Michigan penal code, 1931 PA 328, MCL 750.520a to 750.520l.
664	664
665	665	(e) "Sexual assault or domestic violence counselor" means a person who is employed at or who volunteers service at a sexual assault or domestic violence crisis center and who, in that capacity, provides advice, counseling, or other assistance to victims of sexual assault or domestic violence and their families.
666	666
667	667	(f) "Stalking" means that term as defined in section 411h or 411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and 750.411i.