June 4, 2003, Introduced by Senator GARCIA and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 4704, 5714, 5771, 5773, 5775, 5777, 5779,
5781, 5783, and 5785 (MCL 600.4704, 600.5714, 600.5771, 600.5773,
600.5775, 600.5777, 600.5779, 600.5781, 600.5783, and 600.5785),
section 4704 as added by 1988 PA 104, section 5714 as amended by
1990 PA 310, and sections 5771, 5773, 5775, 5777, 5779, 5781,
5783, and 5785 as added by 1988 PA 336.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 4704. (1) Within 7 days after personal property is
2 seized or a lien notice is filed against real property under
3 section 4703, the seizing agency or, if the property is real
4 property, the attorney general, the prosecuting attorney, or the
5 city or township attorney shall give notice of the seizure of the
6 property and the intent to forfeit and dispose of the property
1 according to this chapter to each of the following persons:
2 (a) If charges have been filed against a person for a crime,
3 the person charged.
4 (b) Each person with a known ownership interest in the
5 property.
6 (c) Each mortgagee, person holding a security interest, or
7 person having a lien that appears on the certificate of title or
8 is on file with the secretary of state or appropriate register of
9 deeds, if the property is
real property, a mobile manufactured
10 home, motor vehicle, watercraft, or other personal property.
11 (d) Each holder of a preferred ship mortgage of record in the
12 appropriate public office
pursuant according to the former ship
13 mortgage act, 1920, chapter 250, 41 Stat. 1000, 46 U.S.C.
14 App. 911, 921 to 927, 941, 951 to 954, 961, 971 to 975, and 981
15 to 984, if the property is a watercraft more than 28 feet long or
16 a watercraft that has a capacity of 5 net tons or more.
17 (e) Each person whose security interest is recorded with the
18 appropriate public office
pursuant according to the former
19 federal aviation act of 1958, Public Law 85-726, 27 Stat. 731,
20 if the property is an aircraft, aircraft engine, or aircraft
21 propeller, or a part of an aircraft, aircraft engine, or aircraft
22 propeller.
23 (f) Each person with a known security interest in the
24 property.
25 (g) Each victim of the crime.
26 (2) The notice required under subsection (1) shall be a
27 written notice delivered to the person or sent to the person by
1 certified mail. If the name and address of the person are not
2 reasonably ascertainable or delivery of the notice cannot
3 reasonably be accomplished, the notice shall be published in a
4 newspaper of general circulation in the county in which the
5 personal property was seized or the real property is located for
6 10 successive publishing days. Proof of written notice or
7 publication shall be filed with the court having jurisdiction
8 over the seizure or forfeiture.
9 (3) If personal property was seized, the seizing agency shall
10 immediately notify the prosecuting attorney for the county in
11 which the property was seized or, if the attorney general is
12 actively handling a case involving or relating to the property,
13 the attorney general of the seizure of the property and the
14 intent to forfeit and dispose of the property according to this
15 chapter.
16 Sec. 5714. (1) A person entitled to premises may recover
17 possession of the premises by summary proceedings in 1 or more of
18 the following cases:
19 (a) When a person holds over premises, after failing or
20 refusing to pay rent due under the lease or agreement by which
21 the person holds the premises within 7 days from the service of a
22 written demand for possession for nonpayment of the rent due.
23 For the purpose of this subdivision, rent due does not include
24 any an accelerated indebtedness by reason of due
to a breach
25 of the lease under which the premises are held.
26 (b) When a person holds over premises for 7 days following
27 service of a written demand for possession for termination of the
1 lease pursuant according
to a clause in the lease providing for
2 termination because a tenant, a member of the tenant's household,
3 or other person under the tenant's control has unlawfully
4 manufactured, delivered, possessed with intent to deliver, or
5 possessed a controlled substance on the leased premises. This
6 subdivision applies only if a formal police report has been filed
7 by the landlord alleging that the person has unlawfully
8 manufactured, delivered, possessed with intent to deliver, or
9 possessed a controlled substance on the leased premises. For
10 purposes of this subdivision, "controlled substance" means a
11 substance or a counterfeit substance classified in schedule 1, 2,
12 or 3 pursuant according
to sections 7211, 7212, 7213, 7214,
13 7215, and 7216 of Act
No. 368 of the Public Acts of 1978, being
14 sections 333.7211,
333.7212, 333.7213, 333.7214, 333.7215, and
15 333.7216 of the
Michigan Compiled Laws the public
health code,
16 1978 PA 368, MCL 333.7211, 333.7212, 333.7213, 333.7214,
17 333.7215, and 333.7216.
18 (c) When a person holds over premises in 1 or more of the
19 following circumstances:
20 (i) After termination of the lease, pursuant according
to a
21 power to terminate provided in the lease or implied by law.
22 (ii) After the term for which the premises are demised to the
23 person or to the person under whom he or she holds.
24 (iii) After the termination of the person's estate by a
25 notice to quit as provided
by section 34 of chapter 66 of the
26 Revised Statutes of
1846, as amended, being section 554.134 of
27 the Michigan
Compiled Laws 1846 RS 84, MCL
554.134.
1 (d) When the person in possession willfully or negligently
2 causes a serious and continuing health hazard to exist on the
3 premises, or causes extensive and continuing physical injury to
4 the premises, which that
was discovered or should reasonably
5 have been discovered by the party seeking possession not earlier
6 than 90 days before the institution of proceedings under this
7 chapter and when the person in possession neglects or refuses for
8 7 days after service of a demand for possession of the premises
9 to deliver up possession of the premises or to substantially
10 restore or repair the premises.
11 (e) When a person takes possession of premises by means of a
12 forcible entry, holds possession of premises by force after a
13 peaceable entry, or comes into possession of premises by trespass
14 without color of title or other possessory interest.
15 (f) When a person continues in possession of premises sold by
16 virtue of a mortgage or execution, after the time limited by law
17 for redemption of the premises.
18 (g) When a person continues in possession of premises sold
19 and conveyed by a personal representative under license from the
20 probate court or under authority in the will.
21 (2) A tenant or occupant of housing operated by a city,
22 village, township, or other unit of local government, as provided
23 in Act No. 18 of the
Public Acts of the Extra Session of 1933,
24 as amended, being sections
125.651 to 125.709e of the Michigan
25 Compiled Laws 1933 (Ex Sess) PA 18, MCL 125.651 to 125.709c,
is
26 not considered to be holding over under subsection (1)(b) or (c)
27 unless the tenancy or agreement has been terminated for just
1 cause, as provided by lawful rules of the local housing
2 commission or by law.
3 (3) A tenant of a mobile
manufactured home park is not
4 considered to be holding over under subsection (1)(b) or (c)
5 unless the tenancy or lease agreement is terminated for just
6 cause pursuant according
to chapter 57a.
7 Sec. 5771. As used in this chapter:
8 (a) "Mobile "Manufactured
home" means a mobile home that
9 term as defined in section
2 of the mobile home manufactured
10 housing commission act, Act
No. 96 of the Public Acts of 1987,
11 being section 125.2302
of the Michigan Compiled Laws 1987
PA 96,
12 MCL 125.2302.
13 (b) "Mobile "Manufactured
home park" means a mobile home
14 park that term as defined in section 2 of Act
No. 96 of the
15 Public Acts of 1987 the manufactured housing commission act,
16 1987 PA 96, MCL 125.2302, but does not include a seasonal
17 mobile manufactured home park as defined in section 2
of Act
18 No. 96 of the Public
Acts of 1987 the manufactured
housing
19 commission act, 1987 PA 96, MCL 125.2302.
20 Sec. 5773. (1) The district court has jurisdiction under
21 this chapter over proceedings for termination of tenancies in
22 mobile manufactured home parks.
23 (2) Section 5706 shall
govern governs the venue of
24 proceedings under this chapter.
25 Sec. 5775. (1) The
tenancy of a tenant in a mobile
26 manufactured home park shall not be terminated unless there is
27 just cause for the termination.
1 (2) For the
purpose of As used in this chapter, "just
2 cause" means 1 or more of the following:
3 (a) Use of a mobile
manufactured home site by the tenant
4 for an unlawful purpose.
5 (b) Failure by the tenant to comply with a lease or agreement
6 by which the tenant holds the premises or with a rule or
7 regulation of the mobile
manufactured home park, adopted
8 pursuant according to the lease or agreement, which
rule or
9 regulation is reasonably
related to any 1 or more of the
10 following:
11 (i) The health, safety, or welfare of the mobile
12 manufactured home park, its employees, or tenants.
13 (ii) The quiet enjoyment of the other tenants of the mobile
14 manufactured home park.
15 (iii) Maintaining the physical condition or appearance of the
16 mobile manufactured home park or the mobile manufactured
17 homes located in the mobile
manufactured home park to protect
18 the value of the mobile
manufactured home park or to maintain
19 its aesthetic quality or appearance.
20 (c) A violation by the tenant of rules promulgated by the
21 Michigan
department of public health environmental
quality
22 under section 6 of the mobile
home manufactured housing
23 commission act, Act No.
96 of the Public Acts of 1987, being
24 section 125.2306 of
the Michigan Compiled Laws 1987
PA 96, MCL
25 125.2306.
26 (d) Intentional physical injury by the tenant to the
27 personnel or other
tenants of the mobile manufactured home
1 park, or intentional physical damage by the tenant to the
2 property of the mobile
manufactured home park or of its other
3 tenants.
4 (e) Failure of the tenant to comply with a local ordinance,
5 state law, or governmental rule or regulation relating to
6 mobile manufactured homes.
7 (f) Failure of the tenant to make timely payment of rent or
8 other charges under the lease or rental agreement by which the
9 tenant holds the premises
on 3 or more occasions during any a
10 12-month period, for
which failure if the owner or operator has
11 served a written demand for possession for nonpayment of rent
12 pursuant according to section 5714(1)(a) and the tenant
has
13 failed or refused to pay the rent or other charges within the
14 time period stated in the written demand for possession. The
15 written demand for possession shall provide a notice to the
16 tenant in substantially
the following form: "Notice: Three 3
17 or more late payments of
rent during any a 12-month period is
18 just cause to evict
you.". Nothing in this subdivision shall
19 prohibit prohibits a tenant from asserting, and the
court from
20 considering, any a
meritorious defenses defense to late
21 payment of rent or other charges.
22 (g) Conduct by the
tenant upon the mobile manufactured home
23 park premises which that
constitutes a substantial annoyance to
24 other tenants or to the mobile
manufactured home park, after
25 notice and an opportunity to cure have been given.
26 (h) Failure of the
tenant to maintain the mobile
27 manufactured home or mobile
manufactured home site in a
1 reasonable condition consistent with aesthetics appropriate to
2 the park.
3 (i) Condemnation of
the mobile manufactured home park.
4 (j) Changes in the
use or substantive nature of the mobile
5 manufactured home park.
6 (k) Public health and safety violations by the tenant.
7 (3) This section does not prohibit a change of the rental
8 payments or the terms or
conditions of tenancy in a mobile
9 manufactured home park following the termination or expiration of
10 a written lease agreement
for the mobile manufactured home
11 site.
12 Sec. 5777. Within 10
days of after service of a demand
13 for possession of
premises for just cause, a tenant in a mobile
14 manufactured home park shall
have has the right to request, by
15 certified or registered mail to the owner or operator of the
16 mobile manufactured home park at the address set
forth in the
17 demand, an in-person conference with the owner or operator of the
18 mobile manufactured home park or representative of
the owner or
19 operator. If timely requested, the conference shall be held at
20 the mobile manufactured
home park and at a time and date
21 established by the owner or operator but not later than 20 days
22 after the tenant's request. The tenant may be accompanied by
23 counsel at the
conference. Nothing in this section shall
24 affect affects the owner's or operator's right to
commence
25 summary proceedings pursuant
according to the demand for
26 possession.
27 Sec. 5779. In every
an action to terminate a tenancy in a
1 mobile manufactured home park for just cause, the
tenant shall
2 continue to pay all rent and other charges to the owner or
3 operator when due following the demand for possession of the
4 premises and during the pendency of the action, and the owner or
5 operator may accept all such
payments of rent and other charges
6 without prejudice to the action to evict the tenant for just
7 cause. If such a
payment is not timely paid, the owner or
8 operator may proceed under section 5714(1)(a) without prejudice
9 to the maintenance of the just cause termination action.
10 Sec. 5781. If a
tenancy in a mobile manufactured home
11 park is terminated for just cause, the tenant may sell his or her
12 mobile manufactured home on-site, as provided in
sections
13 28(1)(h) and 28a of the mobile
home manufactured housing
14 commission act, Act
No. 96 of the Public Acts of 1987, being
15 sections 125.2328 and
125.2328a of the Michigan Compiled Laws
16 1987 PA 96, MCL 125.2328 and 125.2328a, subject to all of the
17 following conditions:
18 (a) The tenant shall
sell or move the mobile manufactured
19 home within 90 days after the date of the judgment of possession,
20 except that the time period shall be extended to 90 days after
21 the mobile manufactured
home park owner or operator denies
22 tenancy to a person making a bona fide offer to purchase the
23 mobile manufactured home within the 90-day period or any
a
24 proper extension of the time period under this subdivision.
25 (b) The tenant shall timely pay all rent and other charges
26 for the mobile manufactured
home site during the 90-day period
27 or any a
proper extension of the time period under subdivision
1 (a). Failure to timely
pay all rent or other charges shall
2 entitle entitles the owner or operator to seek an
immediate writ
3 of restitution. As used in this subdivision, "rent and other
4 charges" does not include liquidated damages awarded under
5 section 5785.
6 (c) Upon the expiration of 10 days after the date of the
7 judgment of possession, the owner or operator may disconnect all
8 mobile manufactured home park-supplied utility
services.
9 (d) Within 10 days after the date of the judgment of
10 possession, the tenant shall provide the owner or operator with
11 proof that the mobile
manufactured home has been properly
12 winterized by a licensed mobile
manufactured home installer and
13 repairer. Failure to timely provide the proof of winterization
14 shall entitle entitles the owner or operator to seek an
15 immediate writ of restitution.
16 (e) The tenant shall
continue to maintain the mobile
17 manufactured home and mobile
manufactured home site in
18 accordance with the rules
and regulations of the mobile
19 manufactured home park.
20 (f) The mobile manufactured
home park shall provide the
21 tenant with reasonable
access to the mobile manufactured home
22 and the mobile manufactured
home site for the purpose of
23 maintaining the mobile
manufactured home and mobile
24 manufactured home site
and selling the mobile manufactured
25 home.
26 Sec. 5783. Every
A judgment for possession resulting from
27 an action to terminate a
tenancy in a mobile manufactured home
1 park for just cause shall set forth the right of a tenant to sell
2 a mobile manufactured
home on site, the conditions of that
3 right, and the consequences of a tenant's failure to meet those
4 conditions, all as prescribed in section 5781.
5 Sec. 5785. In every
a contested action to terminate a
6 tenancy in a mobile manufactured
home park for just cause, the
7 court shall award liquidated damages to the prevailing party if a
8 provision requiring liquidated damages is included in the lease
9 or rental agreement governing the tenancy or rules or regulations
10 adopted pursuant according
to the lease or rental agreement, as
11 prescribed in section 28c
of the mobile home manufactured
12 housing commission act, Act
No. 96 of the Public Acts of 1987,
13 being section
125.2328c of the Michigan Compiled Laws 1987
PA
14 96, MCL 125.2328c. The liquidated damages shall not be construed
15 to be a penalty.
16 Enacting section 1. This amendatory act does not take
17 effect unless Senate Bill No. 544
18 of the 92nd Legislature is enacted into
19 law.