HOUSE BILL No. 6547

 

 

November 28, 2018, Introduced by Reps. Gay-Dagnogo, Wittenberg, Liberati, Byrd, Cambensy, Sabo, Hammoud, Garrett, LaGrand, Durhal, Zemke and Greimel and referred to the Committee on Judiciary.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

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

 

and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5475a. (1) A property manager, housing commission, or

 

owner of a rental unit who rents or continues shall not rent or

 

continue to rent a residential housing unit to a family with a

 

minor child who is found to have 10 micrograms or more of lead per

 

deciliter of venous blood is subject to the penalties provided

 

under subsection (3) the rental unit if all of the following apply:

 

     (a) The For at least 90 days, the property manager, housing

 

commission, or owner of the rental unit has prior actual had

 

knowledge that the rental unit contains a lead-based paint hazard.

 

     (b) At least ninety days have passed since the property

 

manager, housing commission, or owner of the rental unit had actual

 

knowledge of the lead paint hazard.

 

     (b) (c) The property manager, housing commission, or owner of

 

the rental unit has not acted in good faith to reduce the lead

 

lead-based paint hazards hazard through interim controls or

 

abatement or a combination of interim controls and abatement.

 

     (2) A For purposes of subsection (1), a property manager,

 

housing commission, or owner of the rental unit is presumed is

 

considered to have prior actual knowledge that a unit contains a

 

lead-based paint hazard only if 1 or more of the following

 

applies:apply:

 

     (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 at the time

 

part when 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 hazard by first-class mail, and if

 

a return receipt of that service was obtained, or by personal

 

service.

 

     (c) The rental unit is target housingand the property owner

 

has not had a risk assessment conducted under this part.

 

     (3) A property manager, housing commission, or owner of the

 

rental unit 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) A property manager, housing commission, or owner of a

 

rental unit who violates this section is liable for all of the

 

following:

 

     (a) Damages sustained, as a result of the violation, by a

 

minor child found to have 10 micrograms or more of lead per

 

deciliter of venous blood.

 

     (b) Costs.

 

     (c) Reasonable attorney fees.

 

     (5) (4) The property manager, housing commission, or owner of

 

the rental unit may assert 1 or more of the following as an

 

affirmative defense in a prosecution of violating this section,

 

under subsection (3) or an action under subsection (4) 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 did all of the following:

 

     (i) 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

 

     (ii) Reasonably expected that the hazard would be reduced.

 

     (iii) Took reasonable action to confirm that interim controls

 

or abatement were completed.

 

     (b) That the both of the following apply:

 

     (i) The property manager, housing commission, or owner of the

 

rental unit sought, consistent with law and the terms of the rental

 

agreement, to enter the premises where the lead-based paint hazard

 

is located, to reduce the lead-based paint hazard through interim

 

controls or abatement or a combination of interim controls and

 

abatement.

 

     (ii) The tenant would not allow entry into or upon premises

 

where the hazard is located or otherwise interfered with correcting

 

the hazard.

 

     (6) (5) As used in this section:

 

     (a) "Property manager" means a person who engages in property

 

management as 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.

 

     (b) "Rental unit" includes all of the following to which a

 

tenant has access under a rental agreement:

 

     (i) Common areas including hallways, laundry rooms, and

 

community rooms if the rental unit is in a multifamily dwelling.

 

     (ii) Attached structures such as porches and stoops.

 

     (iii) Accessory structures such as garages, storage sheds,

 

fences, and nonagricultural or noncommercial outbuildings.

     Enacting section 1. Section 5474b of the public health code,

 

1978 PA 368, MCL 333.5474b[1], is repealed.