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House Bill 5115 (2003)
(Same As Senate Bill 0757)
Sponsor Artina T Hardman
Categories Civil procedure, civil actions ; Housing, landlord and
tenants ; Environmental protection, toxic substances or products
Civil procedure; civil actions; penalties for landlords who repeatedly
rent housing units without abating known lead hazards; provide for.
Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 5475a.
Referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 5475a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 5475a. (1) Effective January 1, 2004, a rental agent,
2 landlord, or owner who rents or leases a rental unit to another
3 person with personal knowledge that at the time of rental or
4 lease the unit contained 1 or more lead-based paint hazards is
5 guilty of a misdemeanor punishable by imprisonment for not more
6 than 90 days or a fine of not more than $5,000.00, or both. In
7 addition, the rental agent, landlord, or owner shall be ordered
8 to return all rental payments made for the period of exposure to
9 the lead-based paint hazards.
10 (2) A rental agent, landlord, or owner of a rental unit is
11 presumed to have personal knowledge of 1 or more lead-based paint
1 hazards in a rental unit if he or she received a copy of a lead
2 inspection, a risk assessment, or a lead hazard screen from a
3 certified inspector that indicates that the rental unit contains
4 1 or more lead-based paint hazards in sufficient quantities so as
5 to cause an elevated blood level in a person more than 6 years of
6 age or in a child 6 years of age or less as described in section
7 5456(7). |
