2.4Housing Law of Michigan (HLM)

The Housing Law of Michigan (HLM), MCL 125.401 et seq., contains laws applicable to residential buildings. The HLM “applies to each city, village, and township that, according to the last regular or special federal census, has a population of 10,000 or more.” MCL 125.401(2). The HLM “does not apply to private dwellings and 2-family dwellings in any city, village, or township having a population of less than 100,000 unless the legislative body of the local governmental unit adopts the provisions by resolution passed by a majority vote of its members.” Id. The HLM “applies to all dwellings within the classes defined in [MCL 125.401(2)], except that a reference to 1 or more specific classes of dwellings applies only to those classes to which specific reference is made.” MCL 125.401(3). However, nothing in the HLM requires a city, village, or township to adopt the HLM. MCL 125.543.

The HLM does not prevent any city, organized village, or the board of health of any such city or village, from enacting ordinances or regulations that impose requirements higher than the HLM’s minimum requirements. MCL 125.408. The HLM does not prevent cities, organized villages, or the boards of health of such cities and villages, from enacting ordinances that prescribe remedies and penalties similar to those in the HLM. Id. The HLM does not “preempt, preclude, or interfere with the authority of a municipality to protect the health, safety, and general welfare of the public through ordinance, charter, or other means.” MCL 125.534(8). However, “[n]o ordinance, regulation, ruling or decision of any municipal body, officer of authority of the board of health of any such city or village shall repeal, amend, modify or dispense with any of the said minimum requirements laid down in [the HLM.]” MCL 125.408.

In general, the HLM contains “the minimum requirements adopted for the protection of health, welfare and safety of the community.” MCL 125.408.

For example, in part, Article IV of the HLM (Maintenance),¹ addresses the following requirements:

•Exits and lighting—MCL 125.465

The owner must keep all public halls in every multiple dwelling “adequately lighted at all times[.]”

•Repair—MCL 125.471

The owner must keep all parts of every dwelling in good repair. This includes plumbing, heating, ventilation, and electrical wiring.

•Cleanliness—MCL 125.474

Except for those parts of the premises occupied and controlled by individual tenants and for which the tenants are responsible, the owner must keep all parts of the premises free from an accumulation of dirt or garbage. This includes the yards, courts, passages, areas, or alleys connected with or belonging to the premises. In addition, “[t]he owner of every dwelling shall be responsible for keeping the entire building free from vermin.”

“The owner of premises regulated by [the HLM] shall comply with all applicable provisions of the [HLM].” MCL 125.533(1). “The occupant of premises regulated by [the HLM] shall comply with provisions of the [HLM] specifically applicable to him [or her].” MCL 125.533(2).