Bill Text: MI SB0912 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Property; other; leases, mortgages, and land contracts; provide relief during certain states of emergency. Creates new act. TIE BAR WITH: SB 0913'20, SB 0915'20, SB 0914'20
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2020-05-12 - Referred To Committee On Finance [SB0912 Detail]
Download: Michigan-2019-SB0912-Introduced.html
SENATE BILL NO. 912
May 12, 2020, Introduced by Senators GEISS,
CHANG, ALEXANDER, BULLOCK, IRWIN, WOJNO, SANTANA, MOSS, POLEHANKI, BAYER,
ANANICH, MCMORROW and HOLLIER and referred to the Committee on Finance.
A bill to provide relief during certain declared states of emergency for contractual obligations under residential leases, mortgages, and land contracts; to provide for a moratorium on actions to recover the possession of property and the foreclosure of mortgages or land contracts during a declared state of emergency; and to provide for remedies.
the people of the state of michigan enact:
Sec. 1. This act shall be known and may be cited as the "emergency rental relief act".
(a) "Declared emergency" means a state of emergency declared by the governor, or any other state officer or entity acting under statutory authority that gives the officer or entity authority to do so, because of a public health crisis, an epidemic, a global pandemic, or a natural disaster.
(b) "Landlord" means the person that owns real property rented under a lease, and includes any officer, employee, or agent of the landlord.
(c) "Lease" means a rental agreement, whether written or oral, regardless of the length of the agreement, for the occupancy of residential premises.
(d) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.
(e) "Residential premises" means that term as defined in section 2 of the truth in renting act, 1978 PA 454, MCL 554.632.
(f) "Tenant" means an individual renting real property under a lease.
Sec. 3. (1) During a declared emergency, a landlord shall not attempt to recover possession of property held under a lease. This subsection applies to any of the following:
(a) Nonjudicial action.
(b) Commencing summary proceedings or any other legal action, or advancing any such action already commenced.
(2) During a declared emergency, a court shall not do either of the following:
(a) Advance an action for summary proceedings or any other action to recover possession of property held under a lease.
(b) Enter a judgment for possession or issue an order for eviction or writ of restitution for property held under a lease.
Sec. 4. (1) A landlord shall not charge, collect, or seek to collect a penalty or other charge for late payment or nonpayment of rent under a lease if the late payment or nonpayment occurs during a declared emergency.
(2) A court shall not enter a judgment that includes a penalty or other charge prohibited under subsection (1).
Sec. 5. (1) During a declared emergency, a tenant under a lease may declare the lease terminated.
(2) To declare a lease terminated under this section, a tenant shall give notice to the landlord in the manner required under the lease for providing notices to the landlord. If the lease does not provide a manner of providing notices to the landlord, the notice must satisfy all of the following requirements:
(a) Be in writing.
(b) Clearly state that the lease is being terminated under this act.
(c) Clearly state a date by which the tenant will have vacated the rented property and on which the lease will be terminated.
(d) Be personally delivered or delivered by first-class mail to the last known address of the landlord.
(3) A tenant who gives a notice under this section shall vacate the premises, including removing all property of the tenant from the rented property, by the date given under subsection (2)(c).
Sec. 6. (1) A person that is the mortgagee under a mortgage, or the vendor under an executory land contract, of real property that is an owner-occupied residential premises shall not charge, collect, or seek to collect a penalty or other charge for late payment or nonpayment of a payment required under the agreement secured by the mortgage or the land contract if the late payment or nonpayment occurs during a declared emergency.
(2) A court shall not enter a judgment that includes a penalty or other charge prohibited under subsection (1).
Sec. 7. (1) In an action to foreclose a mortgage or land contract, a court shall not enter a judgment for sale during a declared emergency.
(2) During the time described in subsection (1), a court shall not take any action to advance an action to foreclose a mortgage or land contract.
(3) A person foreclosing or entitled to foreclose a mortgage by advertisement shall not take any action to proceed with the foreclosure, or instruct or allow any other person to do so, during a declared emergency.
(4) A person aggrieved by a violation of subsection (3) may commence an action to restrain the violation and recover any costs or expenses incurred because of the violation and the actual costs of the action, including, but not limited to, attorney fees.
Sec. 8. If a state of emergency to which this act applies is only applicable to a portion of this state, this act only applies to property located in that portion.
Enacting section 1. This act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:
(a) Senate Bill No. 913.
(b) Senate Bill No. 914.
(c) Senate Bill No. 915.
