Senate Dems eye giving Michigan renters right to form unions, deduct repairs from rent


Renters in Michigan could organize tenant unions and deduct the cost of repairs they make from their rent under bills Democrats in the Michigan Senate introduced this week. The so-called “Tenant Empowerment Package” would also require renters to receive advance notice of any rent increases before the end of their lease to give them enough time to plan for a hike.

State Sen. Sarah Anthony, who introduced the legislation, said the inspiration for the package comes from her hometown — Lansing — where the city has “red-tagged” hundreds of homes, deeming them uninhabitable due to unsafe living conditions and forcing out residents.

“Lansing has a red-tag crisis happening right now,” Anthony said. Tenants come home only to face a notice on their door and search for a temporary place to rest. “Simply because a landlord didn’t do their part,” said said.

The right to repair

Anthony’s legislation would allow tenants to fix their units themselves without bearing the cost, keeping them in their homes when their landlords neglect to tackle needed repair work in a timely manner.

“I’m trying to make the case that the onus shouldn’t be on a tenant to make those repairs, but if they can and do have the resources to do these repairs, those repair costs should be deducted from the rent,” she said.

State Senator Sarah Anthony speaks before the signing of a bipartisan budget for the upcoming fiscal year by Governor Gretchen Whitmer at Wyandotte Fire Station 1 in Wyandotte on Monday, July 31, 2023.

Senate Bill 902 to create the “right to repair” would give landlords 24 hours to address hazardous conditions in a rental unit such as bedbugs or mold, 72 hours to fix broken appliances and a week to make other repairs after receiving written notice. Tenants could withhold rent or deduct the cost of making the repairs themselves if those timelines aren’t met.

Tenants’ right to organize

Another bill in the package — Senate Bill 900 — would create a new “Tenants Right to Organize Act” to give renters the ability for tenant unions. Tenant unions are organizations that advocate for the general rights of renters, often made up of people living in the same building or complex. The bill outlines potential functions of the union like responding to proposed changes in leasing agreements made by property managers.

Residents at the Holmes Apartment complex were given until 5 p.m. to leave their units after the city deemed the building unsafe on Wednesday, March 22, 2023, in Lansing.

Residents at the Holmes Apartment complex were given until 5 p.m. to leave their units after the city deemed the building unsafe on Wednesday, March 22, 2023, in Lansing.

The legislation would also bar landlords from retaliating against tenant unions and organizers such as delaying maintenance or restricting access to amenities. Landlords would face a civil fine of up to $1,000 for each violation.

Notice of rent increases

Senate Bill 901 would require property managers to give advance notice of a rent increase in lease renewals. The bill would require landlords to notify tenants of a rent increase three months before the end of a 12-month lease, and six months before the end of a lease of 13 months or more.

Rental Property Owners Association Executive Director Erika Farley expressed concerns with some of the details in the package. For instance, she said the timeline for notifying tenants of rent increases may need to be shortened to allow property owners enough time to assess their own costs. Farley also said the estimates a renter must obtain to deduct repair costs from rent should include requirements for the sources of the quotes to ensure that they’re legitimate.

Farley said the association fully supports the ability for tenants to unionize. “A good landlord is not going to worry about their tenants unionizing because that property owner is taking care of their business, taking care of their properties,” she said. But Farley called the provision in the legislation that would allow tenant unions to collect dues an unclear additional cost for renters.

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Michigan renters face high costs

A little over a quarter or about 1.1 million Michigan households rent, according to the latest available census estimate. And data suggests the average monthly rental cost in the state is growing — real estate marketplace website Zillow states the average monthly rent in Michigan is currently $1,350, $52 higher than it was in June 2023.

Just under 50% of Michigan renters paid more than 30% of their income on housing costs in 2022, according to the state’s housing data portal. That means that under the federal definition of housing affordability, about half of renters in the state are cost-burdened, including a quarter deemed severely cost-burdened because they spend 50% or more of their income on housing.

People listen to a speaker during a rally held by Rent Is Too Damn High coalition on the steps of the Michigan State Capitol building in Lansing on Tuesday, September 5, 2023, over renters rights and investment in affordable housing.

People listen to a speaker during a rally held by Rent Is Too Damn High coalition on the steps of the Michigan State Capitol building in Lansing on Tuesday, September 5, 2023, over renters rights and investment in affordable housing.

Democratic state lawmakers have introduced legislation they argue will tackle those high housing costs such as repealing a state law that bans local governments in Michigan from enacting rent control policies. Anthony said her legislation will keep more money in renters’ pockets for any costs they’re currently incurring for repairs and keep more renters in their homes as the state tries to build more units to address housing affordability.

The coalition of housing advocates who rallied at the steps of the Michigan Capitol last fall celebrated the introduction of the bills and want to see swift action. William Lawrence, the state coordinator for Rent is Too Damn High, said in a statement that he wants to see Anthony’s bills on Gov. Whitmer’s desk this summer.

Contact Arpan Lobo: alobo@freepress.com. Follow him on X (Twitter) @arpanlobo.

Contact Clara Hendrickson at chendrickson@freepress.com or 313-296-5743. Follow her on X, previously called Twitter, @clarajanehen.

This article originally appeared on Detroit Free Press: Housing bills would create new rights for Michigan renters



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