Requiring Certificates of Compliance Before Filing Cases
Section (B)(3)(c) of the new rule: The rule requires landlords to affirm that rental property is “in compliance with applicable state and local health and safety laws” when a complaint is filed. This would mean that if a property does not have a certificate of compliance (for any reason) it is implied that landlords should not be able to file cases or get judgments. This is in direct violation of the state law, MCL 125.530 (5) http://legislature.mi.gov/doc.aspx?mcl-125-530. That law specifically allows cases to proceed regardless of the existence of a certificate of compliance. In municipalities which require certificates or licenses, this could be a problem because sometimes the municipalities either do not inspect timely or there is a dispute about the inspections. This could effectively prevent landlords from pursuing legitimate cases. If it has been difficult to get a certificate of compliance for your property, you should explain that in response to this issue.
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