PRESS RELEASE - 2016 CANDIDATE ENDORSEMENT Candidates being endorsed were selected by the PMAM Legislative Committee based on a questionnaire send out to all candidates. Only those candidates that returned the questionnaire were considered for endorsement.
Alerts & Updates
HB 4038 Signed Into Law, May 21, 2015
Contributed by I. Matthew Miller, Swistak & Levin, P.C., PMAM Legislative Chair
On May 21, 2015, the Governor signed into law HB 4038. This bill allows landlords to serve demands for possession by “electronic transmission.” In simple terms, considering the state of today’s technology, this new law allows a landlord to send a 7-day notice to a tenant by email.
The way this works is the tenant has to “specifically consent” in writing to receiving 7-day notices by email and to provide the landlord with the email address. Then, the landlord has to send a test email to the tenant, who must respond to the landlord by email to confirm that the tenant has given consent to receive 7-day notices via that email address.
The written consent can be part of a lease or in a separate document. The hope is that tenants will want to use this electronic notification to make sure they receive notices quickly and they are not lost in the mail.
If the tenant informs the landlord in writing of a new email address or the tenant no longer uses the email address, then the landlord can no longer use the original email address. The landlord may also use a system by which the tenant receives an electronic notice which directs the tenant by hyperlink to an internet location to open and download the notice.
The new law is not clear whether it may be used for other notices, such as the 24-hour drug eviction, a 7-day health hazard, a 7-day notice for violence, or a standard 30-day notice. I do not think there is any question it may be used for non-payment, a health hazard, and a 24-hour drug eviction because the statute refers to those notices as “demands for possession.” However, a standard 30-day notice and the 7-day for violence refer to the phrase “notice to quit,” which may be construed as something different than a “demand for possession.” After electronic notification becomes the normal manner of service, I think that distinction will fade away over time but for now, I think it should only be used where the statute refers specifically to a “demand for possession.”
Finally, it is illegal to refuse to lease to a tenant who declines to provide consent to use electronic notification.
Senate Passes Bill To Prohibit Smoking or Growing of Marijuana Use In Rentals
The Senate on Tuesday (3-10-15) passed SB 72 that would prohibit, unless provided permission by a landlord, the smoking or growing of marijuana by rental property tenants. The PMAM is in support of this bill.
"Currently, you may not use marijuana of any kind in a rental unit under a ruling by Attorney General Bill Schuette. What we're seeking to do is to codify two things into statute: no smoking and no growing without permission," Sen. Rick Jones (R-Grand Ledge), sponsor of the bill, told reporters after session. "The reason is, obviously, if you smoke in an apartment unit, you're bothering other apartment dwellers and if you grow, you do a lot of damage."
Mr. Jones noted that the bill leaves open the possibility of the use of medibles, or medical edible versions of medical marijuana, if that were to become law, as well as creams, oils and vaporizers. And he said he would be supportive of such a measure under the right circumstances.
"I will support medible edibles and the other types if they're done appropriately. I've advised everybody in the House that is pushing these bills to sit down with chiefs of police, the State Police and the sheriffs, and get a bill that I can support," he said. The bill has been sent to the House Judiciary Committee. (provided by Gongwer/MIRS) LEASE To be sure your rental lease is updated and current with all legislative and legal changes, enroll in the National Apartment Association lease program.
The NAA Click & Lease is a web-based leasing program offered exclusively to members of the National Apartment Association. This powerful and easy-to-use leasing program allows an apartment community to save time and money by speeding up preparation and printing of legal documents. In addition to providing greater efficiency to the onsite leasing process, prospective residents may fill out a rental application online, and property managers may audit and edit entire portfolios of leases with a few clicks of a mouse.
The lease and accompanying addenda cover every aspect of the rental process and are reviewed by expert attorneys to ensure legal compliance. The language of the lease is constantly monitored and modified to reflect new legislation or jurisprudence. This valuable NAA member benefit is currently available in 46 states as well as the District of Columbia.
With more than 17,000 communities nationwide enrolled in the NAA Click & Lease program, it's the most widely used standardized lease form in the multifamily housing industry.