Today, is a gray rainy cold day in Grand Rapids, Michigan.
Yesterday, like most every Thursday during the school year, I spend the noon hour with an elementary school-aged kid in one of the most economically depressed school districts in Grand Rapids, Michigan.
Over the last 4 or 5 years I have had 4 different students that I mentored.
Inevitably, they all move. Their families end up getting evicted, become homeless, or just leave to find new housing that they can afford.
Poverty in your Backyard
If you live in West Michigan, I urge you to pause and consider the poverty and vulnerability that exists in your own backyard. It is astounding to me that just a 15 minute drive from the suburbs kids are experiencing hunger and homelessness.
Right now.
It is no secret that Grand Rapids is experiencing an Affordable Housing Crisis.
The American Bar Association Journal reported recently that nearly 1 million U.S. households were ordered evicted in 2016.
At the school where I mentor, the stories that I hear about infestations are sad.
Kids talk about roaches, bed bugs, mice.
Particularly, I hear a sense of dread about bed bugs.
I have previously blogged about some proposed Michigan legislation that would establish rights and duties concerning bed bug infestation in residential Landlord Tenant relationships.
Beg Bug Legislation.
One June 9th 2017 Michigan House Bill 4719 was introduced – by Representative Brandt Iden -himself a Developer and Property Manager in South West Michigan. check out the text here – the Bill would amend the Michigan statute governing landlord tenant relationships to include addressing the control of certain pests – including bed bugs.
Update
There has been no noticeable progress and this Bill appears to be dead. The House Fiscal Agency prepared its legislative analysis back in October 2017 – you can check it out here for details
What the Bill seeks to do:
Impose certain duties on landlords regarding bed bugs:
1. Mandates specifically that the Landlord is to keep the rental space free from bed bugs and provide educational literature about bed bug infestations to new tenants.
2. Prohibits Landlords from renting out space that the landlord knows is infested with bedbugs
3. Provides specific requirements for a landlord to respond to a complaint of bed bugs:
- within 7 days of receiving a complaint, Landlord shall order an inspection for bed bugs;
- within 7 days of confirming infestation, Landlord shall begin control and schedule inspections of adjoining rental units.
4. Limits damages against Landlord for infestations unless caused by Landlord’s Negligence.
Impose certain duties on tenants regarding bed bugs:
1. Tenant shall inspect for bed bugs when first occupying the space;
2. Tenant shall not move “infested property” into a rental unit
3. Tenant shall notify Landlord within 2 days of notice of infestation.
4. Tenant responsible for damages due to bed bugs caused by Tenant, or guest.
The bill was referred to the Committee on Law and Justice.
Something that the legislative analysis highlights –
“Notwithstanding any other provision of the Landlord-Tenant Act, the landlord and tenant could agree in writing (by hard copy) or electronic mail how responsibility would be assigned for costs resulting from an infestation, including, but not limited to, costs of
control or treatment.”
This would provide some discretion among the parties to craft a resolution.
Michigan Poverty Law Program’s Opposition
The House Law and Justice Committee met in October 2017. The Apartment Association and Property Management Association affirmed its support of the Bill. The Michigan Poverty Law Program testified in opposition to the Bill.
You can review the Michigan Poverty Law’s written statement in opposition here
The Poverty Law Program acknowledged in its remarks that bed bugs are a serious problem in many communities, but opines that this Bill is not the answer.
Bedbug infestation is a problem. It can cause tenants problems, particularly in lower income housing. As reference, I would highly recommend reading Matthew Desmond’s book “Evicted” It is no secret that Michigan, particularly Kent County, is experiencing an Affordable Housing Crisis. Further, unhappy tenants who withhold rent can cause landlord problems that end up in court.
In my opinion, this type of bill could provide clarity to landlords and tenants on their reciprocal duties and rights in such circumstances. It could also provide them flexibility to come up with a resolution to get rid of any infestations.
I am grateful for those like the Michigan Poverty Law Program who are advocating for the vulnerable in our communities – people like the kids I mentor every week.
I would also call on opponents of this Bill to propose a solution. If the Bill proposed back in June 2017 is not good policy, then please propose one that you believe is good policy.
Questions? Comments?
email: Jeshua@dwlawpc.com
Twitter: @JeshuaTLauka
Purpose Driven General Counsel 