June 7, 2022
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Various housing matters. Defines “principal dwelling land contract” (contract) as a land contract for the sale of real property: (1) designed for the occupancy of one to two families; and (2) that is or will be occupied by the buyer as the buyer’s principal dwelling. Provides that the seller under a contract must provide the buyer with certain disclosures at least 10 days before the contract is executed. Sets forth disclosures that must be included in a contract. Provides a three day cancellation period for the buyer. Specifies certain recording provisions for principal dwelling land contracts. Permits a person to expunge records in connection with certain eviction actions in which the person was a defendant. Requires a landlord who denies an applicant’s application for the rental of a dwelling unit based on information in a tenant screening report to provide the applicant with a copy of the tenant screening report. Adds a housing court as a problem solving court that may be established by a city court or a county court. Provides that a violation of disclosure provisions related to land contracts and a failure to investigate an alleged error in a tenant screening report constitute deceptive acts under the deceptive consumer sales act.
Affirmative defenses in eviction actions. Allows a tenant or a member of a tenant’s household to establish an affirmative defense to an action brought by a landlord to evict the tenant or the member of a tenant’s household from a rental premises if the tenant or member of a tenant’s household presents evidence that the landlord’s action is substantially in response to the tenant or the member of a tenant’s household engaging in or causing the occurrence of at least one of the following acts within 12 months before the date the landlord brought the action: (1) Making a good
Tenant’s rights. Extends the time period for a “pay-or-quit” notice from 10 to 14 days, and removes a provision permitting termination of a rental agreement without notice. Allows a prevailing tenant in a landlord-tenant case to expunge records relating to the action. Establishes a procedure permitting a tenant to withhold rent from a landlord and deposit it with a court if the landlord has failed to comply with the landlord’s statutory obligations, or if the rental unit is in violation of an ordinance, rule, code or other law, and the violation may materially affect the health or safety of a tenant. Specifies the circumstances under which withheld rent may be returned, and authorizes a court to release some or all of the withheld rent to the tenant to permit the tenant to remedy the violation. Establishes a rental escrow fee of 1% of the amount of the withheld rent to be deposited in the clerk’s record perpetuation fund. Makes other changes and conforming amendments.
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