Bills would empower tenants to demand repairs from landlords

LANSING — Landlords would have to start making repairs within days of being notified of defective conditions under “tenant empowerment” legislation up for debate in the Michigan Senate.

The Democratic-sponsored measures, Senate Bills 19-22, would create timelines for landlords to initiate repairs upon receiving written notice from renters.

If they did not comply, tenants could either withhold their rent, deposit it into an escrow account and pay no later than 24 hours after the repairs were completed. Or they could commence the repairs themselves and deduct the cost from the rent.

The sponsor, Sen. Sarah Anthony, D-Lansing, said during an opening hearing Tuesday that the package “targets those who exploit the system. This solution is good for tenants, good for responsible landlords and good for the health of our housing market overall.”

The Senate Housing and Human Services Committee did not vote on the legislation, which was revised before the meeting following stakeholder input. The rental housing industry opposes the bills as introduced, but lobbyists said they needed time to review the latest versions.

“We as an association support that all the properties — these are homes for people, this is where they live — that they’re being kept up and they’re being taken care of in the way that they are supposed to. At this time, we are opposed, but we are continuing to work with the sponsor and thank her for her help,” said Erika Farley, executive director of the Rental Property Owners Association.

Anthony said changes had been made since she proposed related measures a year ago in the last two-year session. They include giving landlords 48 hours — not 24 as initially floated — to fix anything that is imminently hazardous to life or health and safety, allowing exemptions if there were a natural disaster and, if tenants hire a contractor to do repairs, requiring that the contractor be licensed, she said.

“This can’t just be your cousin who just works on stuff,” Anthony said.

If renters complain of mold, bedbugs or other pests or broken appliances, landlords would need to commence repairs within 72 hours. In all other cases, they would have to begin repairs within 30 days, up from seven under the version of SB 19 that was introduced in January.

In addition, SB 21 would require landlords who intend to offer a lease renewal that includes a rental increase to notify the tenant within 90 days of the lease’s end. SB 22 would allow for security deposits to be returned electronically.

Supporters of the legislation include advocacy groups such as MI Rent is Too Damn High, the Michigan Coalition Against Homelessness, the Michigan League for Public Policy, the Ann Arbor Tenants Union, the Michigan Poverty Law Program, the Capital Area Housing Partnership, The Arc Michigan and some individual renters.

They complained of red-tagged buildings and situations where low-income and other tenants are confronting infestations, crumbling ceilings, flooding, mold, inadequate plumbing and other problems. They should be empowered to hold landlords accountable, they said.

Opponents of the repair bill as originally introduced include Michigan Realtors, the Michigan Manufactured Housing Association, the Apartment Association of Michigan, the Property Management Association of Michigan, the National Federation of Independent Business and the Mackinac Center for Public Policy.

If the legislation were to advance from the Democratic-led committee and the Democratic-controlled Senate, it would next go to the Republican-controlled House.