HOUSE BILL NO. 5170

A bill to amend 1972 PA 348, entitled

"An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties,"

(MCL 554.601 to 554.616) by adding section 1f.

the people of the state of michigan enact:

?Sec. 1f. (1) A tenant in a metered or sub-metered rental unit may request the landlord to transfer the water bill to the tenant's name.

(2) A landlord that receives a request under subsection (1) shall do all of the following:

(a) Approve the request.

(b) Not later than 120 days after receiving the request under subsection (1), transfer the water bill to the tenant's name.

(c) Ensure that the costs of the water bill are not included in the tenant's rental payment.

(3) A landlord shall not discriminate or retaliate against a tenant who makes a request under subsection (1). For purposes of this subsection, discrimination or retaliation against a tenant includes, but is not limited to, shutting off the tenant's access to water in the tenant's rental unit, refusing to renew the tenant's lease, or increasing the tenant's rental payment solely because the tenant exercised the tenant's rights under this section.

(4) A rental agreement entered into, renewed, or renegotiated after the effective date of the amendatory act that added this section must contain the requirements of this section.

(5) If this section conflicts with a federal law that regulates subsidized housing, the federal law prevails.

(6) A local ordinance, regulation, or resolution that conflicts with this section is unenforceable.

(7) This section applies only to a lease entered into, renewed, or renegotiated after the effective date of the amendatory act that added this section, in accordance with the constitutional prohibition against impairments of contract as provided by section 10 of article I of the state constitution of 1963.

(8) The attorney general may commence a civil action for appropriate relief, including injunctive relief, for a violation of this section. An action under this section may be brought in the circuit court for the county of Ingham or for a county in which the defendant is located or is doing business. The court has jurisdiction to restrain the violation and to require compliance with this section. A tenant may bring a civil action against a landlord for a violation of this section for actual damages, reasonable attorney fees, and the costs of bringing the action.

(9) As used in this section:

(a) "Provider" means a public water supply as that term is defined in section 2 of the safe drinking water act, 1976 PA 399, MCL 325.1002.

(b) "Water bill" means an itemized list of services, including the costs of the services, provided by a provider.