HOUSE BILL NO. 5364

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 5475a (MCL 333.5475a), as added by 2004 PA 434.

the people of the state of michigan enact:

Sec. 5475a. (1) A property manager, housing commission, or owner of a rental unit who that rents or continues to rent a residential housing unit to a family with a minor child who is found to have 10 5 micrograms or more of lead per deciliter of venous blood is subject to the penalties provided under subsection (3) if all of the following apply:

(a) The property manager, housing commission, or owner of the rental unit has prior actual knowledge that the rental unit contains a lead-based paint hazard.

(b) At least ninety 90 days have passed since the property manager, housing commission, or owner of the rental unit had actual knowledge of the lead lead-based paint hazard.

(c) The property manager, housing commission, or owner of the rental unit has not acted in good faith to reduce the lead paint hazards lead-based paint hazard through interim controls or abatement or a combination of interim controls and abatement.

(2) A property manager, housing commission, or owner of the rental unit described in subsection (1) is presumed to have prior actual knowledge that a the unit contains a lead-based paint hazard only if 1 of the following applies:

(a) The property manager, housing commission, or owner of the rental unit signed an acknowledgment of the lead-based paint hazard as a result of a risk assessment under this chapter part at the time the risk assessment was made.

(b) The property manager, housing commission, or owner of the rental unit was served as a result of a risk assessment under this chapter part with notice of the lead-based paint hazard by first-class mail and a return receipt of that service was obtained.

(3) A property manager, housing commission, or owner of the rental unit described in subsection (1) that is convicted of violating this section is guilty of a crime as follows:

(a) Except as provided in subdivision (b), the property manager, housing commission, or owner of the rental unit is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $5,000.00, or both.

(b) If the property manager, housing commission, or owner of the rental unit was previously convicted of violating this section or a local ordinance substantially corresponding to this section, the property manager, housing commission, or owner of the rental unit is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $10,000.00, or both.

(4) The property manager, housing commission, or owner of the rental unit described in subsection (1) may assert 1 or more of the following as an affirmative defense in a prosecution of violating under this section, and has the burden of proof on that defense by a preponderance of the evidence:

(a) That the property manager, housing commission, or owner of the rental unit requested or contracted with a person having responsibility for maintaining the rental unit to reduce the lead-based paint hazard through interim controls or abatement and reasonably expected that the hazard would be reduced. The property manager, housing commission, or owner of the rental unit shall provide documentation to support the defense asserted under this subdivision, including documentation indicating that the abatement undertaken complies with guidelines for lead abatement established by the federal Centers for Disease Control and Prevention.

(b) That the tenant would not allow entry into or upon the premises where the lead-based paint hazard is located or otherwise interfered with correcting the that hazard.

(5) As used in this section, :

(a) "Property "property manager" means a person who engages in property management as that term is defined in section 2501 of the occupational code, 1980 PA 299, MCL 339.2501.

(b) "Lead-based paint hazard" means that term as defined in section 5458 of the public health code, 1978 PA 368, MCL 333.5458.

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:

(a) Senate Bill No.____ or House Bill No. 5359 (request no. 02658'19).

(b) Senate Bill No.____ or House Bill No. 5360 (request no. 05130'19).