Glossary
A
•“[A lease clause that p]rovides that rental payments may be accelerated if the rental agreement is breached by the tenant[.]” MCL 554.633(1)(i). The Truth in Renting Act prohibits acceleration clauses “unless the provision also includes a statement that the tenant may not be liable for the total accelerated amount because of the landlord’s obligation to minimize damages[.]” Id.
•For purposes of the Violence Against Women Act (VAWA), an actual and imminent threat is “a physical danger that is real, would occur within an immediate time frame, and could result in death or serious bodily harm. In determining whether an individual would pose an actual an[d] imminent threat, the factors to be considered include: [t]he duration of the risk, the nature and severity of the potential harm, the likelihood that the potential harm will occur, and the length of time before the potential harm would occur.” 24 CFR 5.2005(e).
•A law that prohibits a landlord from unlawfully interfering with a tenant’s possessory interest in the premises; the law prohibits a landlord from forcibly and unlawfully ejecting a tenant from leased premises. MCL 600.2918.
•For purposes of the Violence Against Women Act (VAWA), appropriate agency means the Executive Agency (Department of Housing and Urban Development, Department of Agriculture, for example) responsible for the administration of the covered housing programs. 42 USC 14043e-11(a)(2).
•Article 7 of the PHC means Article 7 of the Public Health Code, MCL 333.7101 et seq. Article 7 is the controlled substances article.
•For purposes of Chapter 19A of the Revised Judicature Act of 1961, automated payment “means an electronic payment method authorized by the [S]tate [C]ourt [A]dministrative [O]ffice at the direction of the [S]upreme [C]ourt, including, but not limited to, payments made with credit and debit cards.” MCL 600.1985(b).
B
•For purposes of the Michigan Housing Law, whenever the words board of health occur in the Michigan Housing Law “they shall be construed as if followed by the words ‘of the city or village in which the dwelling is situated[,]’” and “such words shall be deemed and construed to mean the official or officials in any city or village to whom is committed the charge of safeguarding the public health.” MCL 125.402(19).
•For purposes of the Housing Law of Michigan, whenever the word building is used, it “shall be construed as if followed by the words ‘or any part thereof.’” MCL 125.402(19).
C
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), cannabis regulatory agency “means the marijuana regulatory agency created under Executive Reorganization Order No. 2019-2, MCL 333.27001, renamed the cannabis regulatory agency under Executive Reorganization Order No. 2022-1, MCL 333.27002.” MCL 333.27953(a).
•For purposes of Chapter 19A of the Revised Judicature Act of 1961, civil action “means an action that is not a criminal case, a civil infraction action, a proceeding commenced in the probate court under . . . MCL 700.3982, or a proceeding involving a juvenile under . . . MCL 712A.1 to [MCL] 712A.32.” MCL 600.1985(c).
•For purposes of the Housing Law of Michigan, “dwellings are divided into the following classes: (a) private dwellings, (b) 2 family dwellings, and (c) multiple dwellings.” MCL 125.402(2) (quotation marks omitted).
•For purposes of Chapter 19A of the Revised Judicature Act of 1961, clerk “means the clerk of the court referenced in the rules of the [S]upreme [C]ourt and includes the clerk of the [S]upreme [C]ourt, chief clerk of the [C]ourt of [A]ppeals, county clerk, probate register, district court clerk, or clerk of the [C]ourt of [C]laims where the civil action is commenced, as applicable.” MCL 600.1985(d).
•Situation in which a landlord’s conduct deprives a tenant of the beneficial use and enjoyment of all or part of the leased premises. MCL 600.2918.
•A law that prohibits unfair, unconscionable, or deceptive methods, acts, or practices in the conduct of trade or commerce. Trade or commerce includes the rental or leasing of real property. MCL 445.902(g).
•A nonprofit corporation that owns or controls the housing/related community facilities where the members of the corporation live. MCL 125.1411(l).
Covenants of fitness and repair (habitability covenants)
•Statutory covenants requiring a landlord to (1) keep the premises fit for the use intended, (2) keep the premises in reasonable repair, and (3) comply with applicable health and safety laws. MCL 554.139.
•Any of the housing programs to which the Violence Against Women Act (VAWA) applies. Those programs are: Section 202 Housing Program for the elderly; Section 811 Housing Program for people with disabilities; HOME Housing Program; Section 221 Housing Program (below market interest rates); Section 236 Housing Program (interest reduction payments); Public Housing; Section 8 Housing Programs (project-based and tenant-based); Section 515 Rural Housing Program; Low Income Housing Tax Credit Program, and Housing Program for People With HIV/AIDS (HOPWA). 42 USC 14043e-11(a)(3)(A)-(J).
•For purposes of most types of subsidized housing, covered person means the tenant, a member of the tenant’s household, a guest, or other person under the tenant’s control. See 24 CFR 5.100.
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), cultivate “means to propagate, breed, grow, harvest, dry, cure, or separate parts of the marihuana plant by manual or mechanical means.” MCL 333.27953(b).
D
•For purposes of MCL 600.3238, damage “includes, but is not limited to, any of the following:
(a) The failure to comply with local ordinances regarding maintenance of the property or blight prevention, if the failure is the subject of enforcement action by the appropriate governmental unit.
(b) An exterior condition that presents a significant risk to the security of the property or significant risk of criminal activity occurring on the property.
(c) Stripped plumbing, electrical wiring, siding, or other metal material.
(d) Missing or destroyed structural aspects or fixtures, including, but not limited to, a furnace, water heater, air-conditioning unit, countertop, cabinetry, flooring, wall, ceiling, roofing, toilet, or any other fixtures. As used in this subdivision, ‘fixtures’ means that term as defined in . . . MCL 440.9102.
(e) Deterioration below, or being in imminent danger of deteriorating below, community standards for public safety and sanitation that are established by statute or local ordinance.
(f) A condition that would justify recovery of the premises under [MCL 600.5714(1)(d)].” MCL 600.3238(11).
•For purposes of the Persons With Disabilities Civil Rights Act (PWDCRA), disability is “[a] determinable physical or mental characteristic of an individual, which may result from disease, injury, congenital condition of birth, or functional disorder,” that “substantially limits 1 or more of [an] individual’s major life activities and is unrelated to the individual’s ability to acquire, rent, or maintain property.” MCL 37.1103(d).
•For purposes of MCL 600.5718, document “means a digital image of a record originally produced on paper or originally created by an electronic means, the output of which is readable by sight and can be printed to paper.” MCL 600.5718(3)(a).
•For purposes of the Housing Law of Michigan, dwelling “is any house, building, structure, tent, shelter, trailer or vehicle, or portion thereof, (except railroad cars, on tracks or rights-of-way) which is occupied in whole or in part as the home, residence, living or sleeping place of 1 or more human beings, either permanently or transiently. A house trailer or other vehicle, when occupied or used as a dwelling, shall be subject to all the provisions of this act, except that house trailers or other vehicles, duly licensed as vehicles, may be occupied or used as a dwelling for reasonable periods or lengths of time, without being otherwise subject to the provisions of this act for dwellings, when located in a park or place designated or licensed for the purpose by the corporate community within which they are located: Provided, That such parking sites are equipped with adequate safety and sanitary facilities.” MCL 125.402(1). Additionally, whenever the word dwelling is used, it “shall be construed as if followed by the words ‘or any part thereof.’” MCL 125.402(19).
E
•For purposes of Chapter 19A of the Revised Judicature Act of 1961, electronic filing system “means a system authorized after [January 1, 2016] by the [S]upreme [C]ourt for the electronic filing of documents using a portal contracted for by the [S]tate [C]ourt [A]dministrative [O]ffice for the filing of documents in the [S]upreme [C]ourt, [C]ourt of [A]ppeals, circuit court, probate court, district court, and [C]ourt of [C]laims.” MCL 600.1985(f).
•For purposes of Chapter 19A of the Revised Judicature Act of 1961, electronic filing system fee “means the fee described in [MCL 600.1986].” MCL 600.1985(g).
•For purposes of MCL 600.5718, electronic notification “means the notification to a person that a document is served by sending an electronic message to the electronic service address at or through which the person has authorized electronic service, specifying the exact name of the document served or providing a hyperlink at which the served document can be viewed and downloaded, or both.” MCL 600.5718(3)(b).
•For purposes of MCL 600.5718, electronic service “means service of a document on a person by either electronic transmission or electronic notification.” MCL 600.5718(3)(c).
•For purposes of MCL 600.5718, electronic service address “means the electronic address at or through which the person has authorized electronic service.” MCL 600.5718(3)(d).
•For purposes of MCL 600.5718, electronic transmission “means the transmission of a document by electronic means to the electronic service address at or through which a person has authorized electronic service.” MCL 600.5718(3)(e).
Elliott-Larsen Civil Rights Act (ELCRA)
•A law that prohibits discrimination on the basis of race, color, religion, national origin, sex, marital status, familial status, age, height, or weight in the opportunity to obtain housing. MCL 37.2101 et seq.
•For purposes of the Housing Law of Michigan, enforcing agency “means the designated officer or agency charged with responsibility for administration and enforcement of [the HLM].” MCL 125.402a.
F
•A federal law that prohibits a landlord from discriminating against any person in the rental or sale of housing based on that person’s race, color, religion, sex, disability, familial status, or national origin. 42 USC 3601 et seq. The FHA applies to most dwellings. See 42 USC 3603(a)(2); 42 USC 3603(b)(1)-(2).
•For purposes of the Elliott-Larsen Civil Rights Act, familial status means “[one] or more individuals under the age of 18 residing with a parent or other person having custody or in the process of securing legal custody of the individual or individuals or residing with the designee of the parent or other person having or securing custody, with the written permission of the parent or other person. For purposes of this definition, ‘parent’ includes a person who is pregnant.” MCL 37.2103(e).
•For purposes of the Fair Housing Act (FHA), familial status means “one or more individuals (who have not attained the age of 18 years) being domiciled with (1) a parent or another person having legal custody of such individual or individuals[,] or (2) the designee of such parent or other person[.]” 42 USC 3602(k). “The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.” Id.
•For purposes of MCR 2.614, final judgment means that term as defined in MCR 7.202(6). MCR 2.614(A)(1). MCR 7.202(6)(a) defines final judgment in a civil case as:
“(i) the first judgment or order that disposes of all the claims and adjudicates the rights and liabilities of all the parties, including such an order entered after reversal of an earlier final judgment or order;
(ii) an order designated as final under MCR 2.604(B);
(iii) in a domestic relations action, a postjudgment order that, as to a minor, grants or denies a motion to change legal custody, physical custody, or domicile;
(iv) a postjudgment order awarding or denying attorney fees and costs under court rule or other law;
(v) an order denying governmental immunity to a governmental party, including a governmental agency, official, or employee under MCR 2.116(C)(7) or an order denying a motion for summary disposition under MCR 2.116(C)(10) based on a claim of governmental immunity; or
(vi) in a foreclosure action involving a claim for remaining proceeds under MCL 211.78t, a postjudgment order deciding the claim.”
•MCR 7.202(6)(b) defines final judgment in a criminal case as:
“(i) an order dismissing the case;
(ii) the original sentence imposed following conviction;
(iii) a sentence imposed following the granting of a motion for resentencing;
(iv) a sentence imposed, or order entered, by the trial court following a remand from an appellate court in a prior appeal of right; or
(v) a sentence imposed following revocation of probation.”
H
•In general, a state law applicable to residential buildings that contains “the minimum requirements adopted for the protection of health, welfare and safety of the community.” MCL 125.408. Communities are not required to adopt the HLM; communities may adopt all or part of the HLM or enact ordinances or regulations that provide similar or greater protections than those contained in the HLM. Id.; MCL 125.543.
I
•For purposes of Article 7 of the PHC, industrial hemp “means that term as defined in . . . MCL 333.27953.” MCL 333.7106(2).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), industrial hemp “means any of the following:
(i) A plant of the genus Cannabis, whether growing or not, with a THC concentration of 0.3% or less on a dry-weight basis.
(ii) A part of a plant of the genus Cannabis, whether growing or not, with a THC concentration of 0.3% or less on a dry-weight basis.
(iii) The seeds of a plant of the genus Cannabis with a THC concentration of 0.3% or less on a dry-weight basis.
(iv) If it has a THC concentration of 0.3% or less on a dry-weight basis, a compound, manufacture, derivative, mixture, preparation, extract, cannabinoid, acid, salt, isomer, or salt of an isomer of any of the following:
(A) A plant of the genus Cannabis.
(B) A part of a plant of the genus Cannabis.
(v) A product to which 1 of the following applies:
(A) If the product is intended for human or animal consumption, the product, in the form in which it is intended for sale to a consumer, meets both of the following requirements:
(I) Has a THC concentration of 0.3% or less on a dry-weight or per volume basis.
(II) Contains a total amount of THC that is less than or equal to the limit established by the cannabis regulatory agency under [MCL 333.27958(1)(n)].
(B) If the product is not intended for human or animal consumption, the product meets both of the following requirements:
(I) Contains a substance listed in subparagraph (i), (ii), (iii), or (iv).
(II) Has a THC concentration of 0.3% or less on a dry-weight basis.” MCL 333.27953(f).
L
•For purposes of the Landlord-Tenant Relationship Act (LTRA), landlord means “the owner, lessor, or sublessor of the rental unit or the property of which it is a part and, in addition, means a person authorized to exercise any aspect of the management of the premises, including a person who, directly or indirectly, acts as a rental agent, receives rent, other than as a bona fide purchaser, and who has no obligation to deliver the receipts to another person.” MCL 554.601(c).
Landlord-Tenant Relationship Act (LTRA)
•A law that regulates the practices and procedures related to the collection, holding, and return of a tenant’s security deposit. See MCL 554.601 et seq.
•For purposes of the Summary Proceedings Act, lease includes “a written or verbal lease or license for use or possession of premises.” MCL 600.5701(c).
•For purposes of 42 US Code Chapter 8, “[t]he term ‘low-income families’ means those families whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low family incomes.” 42 USC 1437a(b)(2)(A).
•For purposes of 42 US Code Chapter 8, “[t]he term ‘very low-income families’ means low-income families whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of unusually high or low family incomes.” 42 USC 1437a(b)(2)(B).
•For purposes of 42 US Code Chapter 8, “[t]he term extremely low-income families means very low-income families whose incomes do not exceed the higher of—
•(i) the poverty guidelines updated periodically by the Department of Health and Human Services under the authority of [42 USC 9902] of this title applicable to a family of the size involved (except that this clause shall not apply in the case of public housing agencies or projects located in Puerto Rico or any other territory or possession of the United States); or
•(ii) 30 percent of the median family income for the area, as determined by the Secretary, with adjustments for smaller and larger families (except that the Secretary may establish income ceilings higher or lower than 30 percent of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of unusually high or low family incomes).” 42 USC 1437a(b)(2)(C).
M
•For purposes of Article 7 of the PHC, the Michigan Medical Marihuana Act, the Medical Marihuana Facilities Licensing Act, and the Marihuana Tracking Act, marijuana or marihuana “means that term as defined in . . . MCL 333.27953.” MCL 333.7106(4); MCL 333.26423(e); MCL 333.27102(k); MCL 333.27902(d).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), marijuana or marihuana “means any of the following:
(i) A plant of the genus Cannabis, whether growing or not.
(ii) A part of a plant of the genus Cannabis, whether growing or not.
(iii) The seeds of a plant of the genus Cannabis.
(iv) Marihuana concentrate.
(v) A compound, manufacture, salt, derivative, mixture, extract, acid, isomer, salt of an isomer, or preparation of any of the following:
(A) A plant of the genus Cannabis.
(B) A part of a plant of the genus Cannabis.
(C) The seeds of a plant of the genus Cannabis.
(D) Marihuana concentrate.
(vi) A marihuana-infused product.
(vii) A product with a THC concentration of more than 0.3% on a dry-weight or per volume basis in the form in which it is intended for sale to a consumer.
(viii) A product that is intended for human or animal consumption and that contains, in the form in which it is intended for sale to a consumer, a total amount of THC that is greater than the limit established by the cannabis regulatory agency under [MCL 333.27958(1)(n)].” MCL 333.27953(h).
Marihuana “does not include any of the following:
(i) The mature stalks of the plant of the genus Cannabis.
(ii) Fiber produced from the mature stalks of a plant of the genus Cannabis.
(iii) Oil or cake made from the seeds of a plant of the genus Cannabis.
(iv) A compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks of a plant of the genus Cannabis.
(v) Industrial hemp.
(vi) An ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products.
(vii) A drug for which an application filed in accordance with 21 USC 355 is approved by the Food and Drug Administration.” MCL 333.27953(i).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), marihuana accessories “means any equipment, product, material, or combination of equipment, products, or materials, that is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marihuana into the human body.” MCL 333.27953(j).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), marihuana concentrate “means the resin extracted from any part of the plant of the genus Cannabis.” MCL 333.27953(k).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), marihuana-infused product “means a topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption.” MCL 333.27953(n).
•For purposes of MCL 600.3185, military service means:
•“[a]ctive duty[,]” or
•“[i]f the service member is a member of the national guard, service under a call to active service authorized by the president or secretary of defense of the United States for a period of more than 30 consecutive days under 32 USC 502(f) to respond to a national emergency declared by the president and supported by federal money[,]” or
•an absence from active duty due to “sickness, wounds, leave, or other lawful cause.” MCL 600.3185(3)(b)(i)-(iii).
•For purposes of the Servicemembers Civil Relief Act, military service means:
•“(A) in the case of a servicemember who is a member of the Army, Navy, Air Force, Marine Corps, or Coast Guard—
•(i) active duty, as defined in [10 USC 101(d)(1) (‘[t]he term ‘active duty’ means full-time duty in the active military service of the United States)], and
•(ii) in the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under [32 USC 502(f)], for purposes of responding to a national emergency declared by the President and supported by Federal funds;
•(B) in the case of a servicemember who is a commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration, active service; and
•(C) any period during which a servicemember is absent from duty on account of sickness, wounds, leave, or other lawful cause.” 50 US App 511(2).
•For purposes of the Housing Law of Michigan, multiple dwelling means “a dwelling occupied otherwise than as a private dwelling or 2 family dwelling.” MCL 125.402(2)(c). Additionally, whenever the word multiple dwelling is used, it “shall be construed as if followed by the words ‘or any part thereof.’” MCL 125.402(19).
O
Order of eviction (writ of restitution)
•“[A] writ commanding a court officer appointed by or a bailiff of the issuing court, the sheriff or a deputy sheriff of the county in which the issuing court is located, or an officer of the law enforcement agency of the local unit of government in which the issuing court is located to restore the plaintiff to and put the plaintiff in full, peaceful possession of the premises by removing all occupants and all personal property from the premises and doing either of the following: (a) Leaving the property in an area open to the public or in the public right-of-way. (b) Delivering the property to the sheriff as authorized by the sheriff.” MCL 600.5744(1).
•For purposes of the Housing Law of Michigan, ordinance “shall be construed as if followed by the words ‘of the city or village in which the dwelling is situated.’” MCL 125.402(19).
•For purposes of MCL 600.2918 (anti-lockout law), an owner is “the owner, lessor, or licensor [of the premises] or an agent of the owner, lessor, or licensor.” MCL 600.2918(9).
P
•For purposes of MCR 4.202(H)(3), participant is defined in MCR 2.407(A)(1). MCR 2.407(A)(1) states that participants “include, but are not limited to, parties, counsel, and subpoenaed witnesses, but do not include the general public.”
•For purposes of Chapter 19A of the Revised Judicature Act of 1961, party “means the person or entity commencing a civil action.” MCL 600.1985(h).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), person “means an individual, corporation, limited liability company, partnership of any type, trust, or other legal entity.” MCL 333.27953(w).
Persons With Disabilities Civil Rights Act (PWDCRA)
•A law that prohibits housing discrimination on the basis of disability. MCL 37.1101 et seq.
•For purposes of the Michigan Medial Marihuana Act and the Medical Marihuana Facilities Licensing Act, plant “means any living organism that produces its own food through photosynthesis and has observable root formation or is in growth material.” MCL 333.26423(j); MCL 333.27102(u).
•For purposes of the Summary Proceedings Act, premises means “lands, tenements, condominium property, cooperative apartments, air rights and all manner of real property. It includes structures fixed or mobile, temporary or permanent, vessels, mobile trailer homes and vehicles which are used or intended for use primarily as a dwelling or as a place for commercial or industrial operations or storage.” MCL 600.5701(b).
•For purposes of governmentally subsidized housing, premises means “the building or complex or development in which the public or assisted housing dwelling unit is located, including common areas and grounds.” 24 CFR 5.100.
•For purposes of the Michigan Housing Law, whenever the word premises is used, it “shall be construed as if followed by the words ‘or any part thereof.’” MCL 125.402(19).
•For purposes of the Housing Law of Michigan, private dwelling means “a dwelling occupied by but 1 family, and so designed and arranged as to provide cooking and kitchen accommodations for 1 family only.” MCL 125.402(2)(a).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), process or processing “means to separate or otherwise prepare parts of the marihuana plant and to compound, blend, extract, infuse, or otherwise make or prepare marihuana concentrate or marihuana-infused products.” MCL 333.27953(x).
Project-based subsidized housing
•“[R]ental assistance . . . that is attached to the [housing] structure”; the subsidy does not travel with the person eligible for assistance. 42 USC 1437f(f)(6); 24 CFR 982.1(b)(1).
•“[A]ny State, county, municipality, or other governmental entity or public body, or agency or instrumentality of these entities, that is authorized to engage or assist in the development or operation of low[]income housing under the [United States Housing Act, 42 USC 1437 et seq.].” 24 CFR 5.100. PHAs are called housing commissions in Michigan.
•For purposes of the Michigan Housing Law, public hall means “a hall, corridor or passageway not within the exclusive control of 1 family.” MCL 125.402(10).
•“[H]ousing assisted under the [United States Housing Act of 1937], other than under Section 8.” 24 CFR 5.100. Also, public housing is decent, safe, rental housing, supported by government funding, for eligible low income families and individuals, the elderly, and people with disabilities. HUD Public Housing Program, at http://portal.hud.gov/hudportal/HUD?src=/topics/rental_assistance/phprog.
Q
Qualified person with a disability
•For purposes of the Michigan Condominium Act, a qualified person with a disability is “a person who is a resident of a qualified conversion condominium project and paraplegic, quadriplegic, hemiplegic, or blind as that term is defined in . . . MCL 206.504.” MCL 559.204b(1)(b).
•For purposes of the Michigan Condominium Act, a qualified senior citizen is a person who meets both of the following requirements:
•“(i) A resident, on October, 10, 1980, of a unit in a qualified conversion condominium project who on or after June 1, 1980, was a party to an oral or written agreement to pay less than $450.00 monthly rent for an apartment in the project having 1 bedroom or less, or less than $500.00 monthly rent for an apartment in the project having 2 or more bedrooms.
•(ii) Sixty-five years of age or older on October 10, 1980.” MCL 559.204b(1)(c).
•For purposes of mobile home conversion condominium projects, a qualified senior citizen is a person “who is all of the following:
•(i) On the date that notice is given under [MCL 559.222b](1), the owner and resident of a mobile home in a mobile home conversion condominium project containing 6 or more mobile homes.
•(ii) A party to an oral or written agreement providing for the rental of the lot on which a mobile home described in subparagraph (i) is located.
•(iii) Sixty-five years of age or older on the date that notice is given under [MCL 559.222b](1).” MCL 559.222b(10).
R
•For purposes of the Persons With Disabilities Civil Rights Act, real estate transaction includes the rental or lease of real property. MCL 37.1501(d).
•For purposes of the Elliott-Larsen Civil Rights Act, real estate transaction includes the rental or lease of real property. MCL 37.2501(b).
•A specific period of time after a mortgage foreclosure during which the mortgagor, his or her heirs, or a person with a recorded interest in the property claiming under the one of those individual may redeem the property by paying the amount bid for the property at the foreclosure sale, with interest at the rate set by the mortgage, plus other costs for which the mortgagor would have been responsible had the mortgagee not foreclosed, plus interest on those costs. MCL 600.3240(1)-(2); MCL 600.3240(4) (foreclosures by advertisement).
•There is also a redemption period in cases involving land contract foreclosures. MCL 600.3140(2) (judicial foreclosures).
•See MCL 600.5744(4) for the redemption periods applicable to land contract forfeitures.
•For purposes of the Housing Law of Michigan, regulation “shall be construed as if followed by the words ‘of the city or village in which the dwelling is situated.’” MCL 125.402(19).
•“[A] written agreement embodying the terms and conditions concerning the use and occupancy of residential premises, but does not include an agreement the terms of which are limited to 1 or more of the following: the identity of the parties, a description of the premises, the rental period, the total rental amount due, the amount of rental payments, and the times at which payments are due.” MCL 554.632(a). See also MCL 554.301(b).
•The process by which a tenant may make necessary repairs to the premises and deduct the cost of those repairs from the rent due. See MCL 125.534(5) (statutory repair and deduct under the Housing Law of Michigan); Anchor Inn of Mich, Inc v Knopman, 71 Mich App 64, 67 (1976) (common-law repair and deduct).
•For purposes of the Truth in Renting Act, residential premises means “a house, building, structure, shelter, or mobile home, or portion thereof, used as a dwelling, home, residence, or living place by 1 or more human beings. ‘Residential premises’ includes an apartment unit, a boardinghouse, a rooming house, a mobile home, a mobile home space, and a single or multiple family dwelling, but does not include a hotel, a motel, motor home, or other tourist accommodation, when used as a temporary accommodation for guests or tourists, or premises used as the principal place of residence of the owner and rented occasionally during temporary absences including vacation or sabbatical leave.” MCL 554.632(b).
•Occurs when a landlord attempts to terminate a person’s tenancy and obtain a possession judgment against the person to penalize the person for (1) attempting to enforce rights under the lease provisions or under the law, (2) complaining of code violations to a governmental agency, (3) engaging in lawful conduct arising from the tenancy, including conduct related to the person’s membership in a tenant’s organization, or (4) failing to comply with increased obligations imposed on the person by the landlord as a consequence of the person’s lawful conduct. MCL 600.5720(1)(a)-(c); MCL 600.5720(1)(e).
•For purposes of the Housing Law of Michigan, rooming house “shall be construed to mean any dwelling occupied in such a manner that certain rooms, in excess of those used by the members of the immediate family and occupied as a home or family unit, are leased or rented to persons outside of the family, without any attempt to provide therein or therewith, cooking or kitchen accommodations for individuals leasing or renting rooms. In the case of single and 2 family dwellings the number of such bedrooms leased or rented to roomers shall not exceed 3, unless such dwellings be made to comply in all respects with the provisions of this act relating to multiple dwellings.” MCL 125.402(3a).
S
•“Section 504 of the Rehabilitation Act of 1973 [is a federal law that] prohibits discrimination on the basis of disability in programs and activities conducted by HUD [(Department of Housing and Urban Development)] or that receive financial assistance from HUD.” HUD website, http://portal.hud.gov/hudportal/HUD?src=/programdescription/sec504.
•For purposes of the Landlord-Tenant Relationship Act (LTRA), security deposit means
“a deposit, in any amount, paid by the tenant to the landlord or his or her agent to be held for the term of the rental agreement, or any part of the term, and includes any required prepayment of rent other than the first full rental period of the lease agreement; any sum required to be paid as rent in any rental period in excess of the average rent for the term; and any other amount of money or property returnable to the tenant on condition of return of the rental unit by the tenant in condition as required by the rental agreement.” MCL 554.601(e).
•Security deposit does not include “[a]n amount paid for an option to purchase, pursuant to a lease with option to purchase, unless it is shown the intent was to evade th[e LTRA, or a]n amount paid as a subscription for or purchase of a membership in a cooperative housing association incorporated under the laws of this state.” MCL 554.601(e).
•For purposes of MCL 125.532, serious and imminent hazard means “a dangerous condition in a premises that could reasonably be expected to cause death or serious bodily harm to the occupants of the premises if that dangerous condition is not immediately corrected by the owner.”
•For purposes of MCL 600.3285, servicemember means “an individual who is in military service and is a member of the armed services or reserve forces of the United States or a member of the Michigan national guard.” MCL 600.3285(5)(d).
•For purposes of the Servicemembers Civil Relief Act (SCRA), servicemember means “a member of the uniformed services[.]” 50 USC App 511(1). Uniformed services means “(A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service.” 10 USC 101(a)(5). Armed forces means “the Army, Navy, Air Force, Marine Corps, and Coast Guard.” 10 USC 101(a)(4).
Servicemembers Civil Relief Act (SCRA)
•Formerly the Soldiers’ and Sailors’ Civil Relief Act, the SCRA is a federal law that “provide[s] for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of servicemembers during their military service.” See 50 USC App 502(2).
•For purposes of the Michigan Housing Law, shall “is always mandatory and not directory, and denotes that the dwelling shall be maintained in all respects according to the mandate as long as it continues to be a dwelling.” MCL 125.402(19).
•For purposes of landlord-tenant rental agreements, the statute of frauds requires any lease for a term exceeding one year to be in writing. MCL 566.106; MCL 566.108.
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•For purposes of the Landlord-Tenant Relationship Act (LTRA), tenant means “a person who occupies a rental unit for residential purposes with the landlord’s consent for an agreed upon consideration.” MCL 554.601(d).
Tenant-based subsidized housing
•“[R]ental assistance . . . that provides for the eligible family to select suitable housing and to move to other suitable housing.” 42 USC 1437f(f)(7); 24 CFR 982.1(b)(1)-(2). Tenant-based subsidies are portable and travel with the individual or family to whom the assistance is awarded.
•For the purposes of the Consumer Protection Act, trade or commerce includes the rental or leasing of real property. MCL 445.902(g).
•A law that applies only to written residential rental agreements; it outlines provisions that must be included in written residential rental agreements and provisions that are prohibited from inclusion. MCL 554.631 et seq.
•For purposes of the Housing Law of Michigan, 2 family dwelling means “a dwelling occupied by but 2 families, and so designed and arranged as to provide cooking and kitchen accommodations for 2 families only.” MCL 125.402(2)(b). Additionally, whenever the word 2 family dwelling is used, it “shall be construed as if followed by the words ‘or any part thereof.’” MCL 125.402(19).
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•Families whose annual incomes do not exceed 50 percent of the area median family income, adjusted for the size of the family. 42 USC 1437a(b)(2).
•For purposes of subchapter 2.400 of the Michigan Court Rules, videoconferencing “means the use of an interactive technology, including a remote digital platform, that sends video, voice, and/or data signals over a transmission circuit so that two or more individuals or groups can communicate with each other simultaneously using video codecs, monitors, cameras, audio microphones, and audio speakers. It includes use of a remote video platform through an audio-only option.” MCR 2.407(A)(2).
Violence Against Women Act (VAWA)
•A federal law that protects victims of domestic violence, dating violence, sexual assault, or stalking from discrimination in HUD’s (Department of Housing and Urban Development) covered housing programs. 42 USC 14043e-11(b)(1).