2003 Senate Bill 757 / 2004 Public Act 434

Establish lead hazard dwelling landlord penalties

Introduced in the Senate

Oct. 2, 2003

Introduced by Sen. Hansen Clarke (D-1)

To establish penalties of up to $5,000 in fines and 90 days in jail for landlords who repeatedly rent housing units without abating known lead hazards. The bill is part of a package comprised of Senate Bills 753 to 757. House Bill 5115 is the House version of the same bill.

Referred to the Committee on Families and Human Services

Dec. 18, 2003

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Jan. 15, 2004

Substitute offered

To replace the previous version of the bill with one which incorporates technical changes that do not affect the substance of the bill as previously described.

The substitute passed by voice vote

Jan. 22, 2004

Passed in the Senate 37 to 0 (details)

To establish penalties of up to $5,000 in fines and 90 days in jail for landlords or rental agents who repeatedly rent housing units without abating known lead hazards. The bill is part of a package comprised of Senate Bills 753 to 757.

Received in the House

Jan. 22, 2004

Referred to the Committee on Judiciary

July 14, 2004

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

Sept. 8, 2004

Substitute offered

To replace the previous version of the bill with one that expands who could be prosecuted for violations, revises the criteria that would subject a person to the penalties, increases the penalty for a second or subsequent offense from 90 to to 93 days, and makes other changes.

The substitute passed by voice vote

Passed in the House 105 to 1 (details)

To establish penalties of up to $5,000 in fines and 93 days in jail for a landlord, rental agent, property manager or housing commission who repeatedly rents housing units without abating known lead hazards. The bill is part of a package comprised of Senate Bills 753 to 757.

Received in the Senate

Sept. 9, 2004

Nov. 10, 2004

Amendment offered by Sen. Hansen Clarke (D-1)

To establish as a defense of a violation of the proposed law that a property owner or manager contracted or requested the person responsible for maintenance to reduce the lead hazard through interim controls or abatement and reasonably expected that it would be reduced, or that the tenant would not allow entry or otherwise interfered with correcting the hazard.

The amendment passed by voice vote

Passed in the Senate 36 to 0 (details)

To concur with the House-passed version of the bill, amended to establish certain reasonable defenses for a property owner.

Received in the House

Nov. 10, 2004

Nov. 30, 2004

Passed in the House 96 to 8 (details)

To concur with the Senate-passed version of the bill, which establishes certain additional defences to charges made under the bill.

Signed by Gov. Jennifer Granholm

Dec. 21, 2004