PMAM LEGISLATIVE COMMITTEE REPORT
By Mia McNeil, Kelly Cawthorne, PMAM Lobbyist
I. Matthew Miller, Swistak & Levine, P.C., Chair, PMAM Legislative Committee
LEGISLATIVE ACTION ALERT!
We need every member to go to http://www.pmamhq.com/legislative-action-center.html and respond to our Advocacy Alert. This is our campaign to support passage of SB 72 described below. Please send in your emails as soon as possible and forward the link to everyone in your organization. It only takes a minute to have a significant impact!
BILLS THAT PMAM IS WORKING ON
A. LICENSING. We are waiting to hear back from our potential sponsors. Summary: This bill would remove the required licensing of leasing agents and remove the 50-mi radius requirement for real estate brokers.
B. SERVICE OF PROCESS. This bill has not been introduced this session. Summary: This bill would provide that service of process to recover money could be done by tacking to the property. Additionally, it provides that rent should not be prorated and that all summary proceedings from the same property should be heard on the same day at the same time in the same court.
C. BEDBUGS. SB 294, HB 4520. We met with the House sponsor, PMAM Legislator of the Year, Rep. Brandt Iden, and are hopeful that this bill will pass during lame duck after the election.
D. MEDICAL MARIHUANA. SB 72 This bill, which would allow landlords to ban smoking and growing of marijuana in leased premises, passed the Senate and requires a ¾ majority to pass the House. We are trying to reach out to as many members as we can through the Voter Voice action alert described above. We want 1,000 emails sent to members of the House before the election. This is a goal we can achieve! Members are already starting to express their support. We need to continue our efforts to pass this bill.
E. LATE FEES. HB 5767. This bill would allow for late fees incurred as a result of late payment of rent to be counted as “rent” for the purposes of landlord-tenant proceedings, as well as creating a baseline under which a late fee is construed not to be a penalty and enforceable. The bill was introduced and we are working with the bill sponsor to move this bill during the lame duck session starting in November.
- BILLS OF INTEREST
A. WAIVE JURY TRIAL IN RESIDENTIAL LEASES. HB 4035 Property; commercial leases; provision in lease to waive right to a jury trial; allow. Amends sec. 3 of 1978 PA 454 (MCL 554.633). PMAM supports. This bill is not likely to move during the lame duck session.
B. LICENSURE FOR RE BROKERS AND SALESPERSONS. SB 26. Amends secs. 105, 2501, 2502a, 2503, 2504, 2504a, 2505, 2506, 2509, 2510, 2512 & 2512d of 1980 PA 299 (MCL 339.105 et seq.) & adds secs. 2502b, 2512e, 2512f, 2516 & 2516a. The Michigan Association of Realtors is the proponent of this bill. It does not adequately protect property managers and we are expressing our concerns to the House. The bill passed the Senate unanimously last week. PMAM opposes without changes.
C. LLC ACTING AS OWN REPRESENTATION. We were approached to weigh in on this bill. This would allow LLCs to represent themselves in small claims court and not require a lawyer. PMAM supports.
D. LEAD PAINT LEGISLATION. (HB 4062 and 4063) We’ve been approached to offer our opinion on a package of bills dealing with lead paint.). PMAM is opposed.
E. MODIFICATION OF DRUG FORFEITURE. (HB 4361) This bill would allow for seizure of property for a drug offense, but would prohibit forfeiture of the property unless a person is convicted of the alleged drug crime or if the person does not claim any interest in the property. This bill is a part of a larger package of bills dealing with police practices with drug forfeiture items.
F. DOMESTIC VIOLENCE. (SB 255/HB 4411) The bill would add domestic violence victims as a protected class. This would provide that they could not be discriminated against in housing situations. PMAM is opposed.
G. SHUTOFFS. (HB 4393) This bill would require notifying the landlord before a utility shuts off service. PMAM Supports
H. RENT CONTROL. (HB 5788) This bill would repeal current state law (found at MCL 123.411) which bars rent control. PMAM is opposed.
I. VOTER REGISTRATION. (HB 4815). This would require a landlord to provide voter registration information upon move-in for a tenant. PMAM is opposed
J. EVICTION OF SQUATTERS. (HB 4673). This bill would require the presence of a law enforcement officer and proof of ownership before a squatter could be evicted. PMAM has not taken a position.
K. DRUG EVICTION AMENDMENT. (HB 5217). This bill would amend the drug eviction legislation we passed last session to require a conviction. The bill is not likely to move. PMAM is opposed.
L. HOUSING INSPECTION. (HB 5561). This is the companion to the previously-passed inspection bill. It may move during lame duck. PMAM Supports.
M. ADJUSTMENT TO RENT. (HB 5793). This newly-introduced bill would require that landlords notify month-to-month tenants in advance that there will be an adjustment to rent. The length of notice varies with the type of tenancy. This is duplicative as this right already exists at law. PMAM is opposed.
N. PROTECTION OF EVICTION FOR DV. (HB 5968). This newly-introduced bill would prevent a municipality from charging a landlord or a tenant for contacting the police in cases of abuse, crime or emergency or reasonable belief that the police is needed. PMAM supports.
O. CHANGE RENTAL UNIT LOCKS. (HB 5982). This newly-introduced bill would allow a tenant with reasonable apprehension of Domestic Violence to change the locks upon notice to the landlord. This is a carbon copy of the existing domestic violence law relating to tenants however in this bill, if the victimized tenant changes the locks to lock-out the assailant tenant, the assailant tenant is let out of the lease. PMAM is opposed.
P. RENT CONROL FOR SENIORS AND DISABLED. (HB 5983). This newly-introduced bill would provide that a municipality could create a rent control ordinance that would limit the rent payments of seniors and the disabled to 50% of their household incomes. The municipality would then impose a tax to pay for the difference. PMAM is opposed.