Senate panel advances 'right to repair' bills for property renters in Michigan

Yahoo

2 days ago

Lawmakers in the Michigan Senate are eyeing a change to the state's housing laws, including giving renters in the state more power to take repairing faulty appliances and poor conditions at leased properties into their own hands.
Senate Bills 19 and 20, introduced by Sen. Sarah Anthony, D-Lansing, would require landlords to commence repairs on defective appliances and hazardous conditions under set timelines. If the property lessor or licensors don't make the repairs in the required time under the proposal, renters would be able to withhold rent until the repairs are made or commence repairs themselves and deduct the costs from their rent payments.
The bills are part of a four-bill package, called the 'Tenant Empowerment Package' by Anthony, approved by the Senate Housing and Human Services Committee on June 10. The measures now move to the full Senate floor for a potential vote.
Michigan faces a rising crisis of housing access and affordability, Anthony said, and the goal of the legislation is to ensure that housing that is available to tenants remains safe.
'Whether you live in a rural township (or) a city neighborhood, families across Michigan are struggling to find and keep safe, affordable, quality places to live,' Anthony said during a June 3 committee hearing on the legislation.
Under the legislation, landlords would have 48 hours after being notified to commence repairs on any defective condition considered hazardous to the life or the health and safety of a tenant, 72 hours to address mold or pests found in a unit and 30 days for repairs in other cases.
If repairs aren't made under the timelines, renters would be able to deposit their rent into an escrow account and withhold it from a landlord until repairs are made. Under current state law, provisions already exist for renters to place rent payments in escrow but the Tenant Empowerment Package would create clear timelines for repairs to begin, whereas current law states landlords have to make repairs in a "reasonable" time.
Should a tenant decide to take repairs into his or her own hands, he or she would be required to obtain at least three free written cost estimates from a licensed contractor for the fix, provide the landlord with the estimates and give the landlord 24 hours to start repairs before doing it themselves.
Elsewhere in the legislative package, Senate Bill 21 would set a 90-day notice requirement for landlords to inform tenants their annual rent would increase if their lease was renewed, an increase on the current 30-day notice requirement. Senate Bill 22 would allow security deposits to be able to be returned through electronic transfer.
Two groups representing rental property owners, the Rental Property Owners Association (RPOA) of Michigan and Michigan Realtors, indicated opposition to Senate Bills 19-21.
Anthony and other Senate Democrats previously introduced a version of the Tenant Empowerment Package last year, as well, although certain parts of the bills have been tweaked, including giving landlords slightly more time to start repair work.
'While these bills aim to bring greater balance and accountability to the housing system, they were crafted with a clear understanding of the realities landlords face,' Anthony said June 3.
Erika Farley, RPOA executive director, said the organization appreciates the changes under the current version of the bills. Still, Farley said the repair timelines set under the bills may not be achievable for all landlords, particularly considering availability of contractors or tradesmen.
"We fully support well-taken care of, healthy, safe housing," Farley said in a June 10 interview.
"When we look at this legislation and other legislation that has to do with rental housing, we also have to talk about are we taking a hatchet where there needs to be a scalpel? Are we making sweeping, broad brushstrokes for everyone where there are different scenarios."
Right to repair laws exist beyond housing — the measures allow owners of electronics, agricultural equipment and even some automobiles to repair their products without needing to go back to the original manufacturer. In 2023, right to repair legislation was considered in 33 states, according to the National Conference of State Legislatures.
In order to become law, the bills would have to pass both the Senate and House of Representatives and be signed into law by the governor. A version of Senate Bill 22 passed the Senate last year, but was not taken up in the House before the end of the session.
Contact Arpan Lobo: [e-mail]
This article originally appeared on Detroit Free Press: Right to repair bills for renters advance Michigan Senate panel