The purpose of this article is to provide for the maintenance and protection of the health, safety and general welfare of the public and those citizens who are of low income and moderate income by ensuring affordable housing is not permanently removed from the housing stock without adequate prior notice, to prevent the sudden displacement of these low- and moderate-income households from the City, and to prevent homelessness.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-02 (JCC. 1/14/20, Pass. 2/4/20, App. 2/10/20, Pub. 2/18/20, Eff. 2/18/20).
For purposes of this article, the following words and phrases shall have the meaning respectively ascribed to them by this section:
Affordable means, as generally defined by the U.S. Department of Housing and Urban Development, housing for which the occupants are paying no more than 30 percent of their income for gross housing costs, including utilities.
Affordable housing development means any multi-family dwelling available for rent or lease that is in receipt of a government funded loan, grant, tax abatement, tax incentive, rent subsidy, or other subsidy from any federal, state, or local governmental body or agency and whose rent levels or tenant rent payments are restricted as a result of the receipt thereof, so as to be affordable to low- and moderate-income households.
Affordable housing restriction means any multi-family dwelling available for rent or lease whose rent levels or tenant rent payments are restricted as a result of the receipt of government contractual arrangement, financial loan, assistance or subsidy, so as to be affordable to, low- and moderate-income households.
Area Median Income means the median family income for the Detroit-Warren-Livonia Metropolitan Statistical Area, as published by the U.S. Bureau of Census and the U.S. Department of Housing and Urban Development. Department means the City of Detroit Housing and Revitalization Department.
Expiration means to bring to an end or conclude any agreement, government funded loan, tax abatement, tax incentive, or other subsidy from any federal, state, or local governmental body or agency under the terms provided, to conclude the transaction at its original or renewed ending date.
Low income means a household whose income does not exceed 80 percent of the Area Median Income, as determined by the U.S. Department of Housing and Urban Development, with adjustments for smaller or larger families.
Moderate income means a household whose income is more than 80 percent and not more than 95 percent of Area Median Income, as determined by the U.S. Department of Housing and Urban Development, with adjustments for smaller or larger families.
Multi-family dwelling means a structure, located on a single lot, containing three or more dwelling units, each of which is designed for or occupied by one family only, with separate housekeeping and cooking facilities for each.
Planned termination means to bring to an end, conclude or extinguish any agreement, government funded loan, tax abatement, tax incentive, or other subsidy from any federal, state, or local governmental body or agency under the terms provided, by expiration, pre-payment or other method to conclude the transaction prior to its original ending date including the failure to renew or termination of the contract for business reasons.
Unplanned termination means to bring to an end, conclude or extinguish any agreement, government funded loan, tax abatement, tax incentive, or other subsidy from any federal, state, or local governmental body or agency under the terms provided, due to foreclosure action or failure to meet physical inspection standards.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-02 (JCC. 1/14/20, Pass. 2/4/20, App. 2/10/20, Pub. 2/18/20, Eff. 2/18/20).
(a) It shall be unlawful for any person to violate any provision of this article.
(b) Any person who violates this article may be issued a misdemeanor violation for each day that the violation continues.
(c) Any person who is found guilty of violating any provision of this article shall be convicted of a misdemeanor for each violation that is issued and, in the discretion of the court, may be fined up to $500,00 and sentenced up to 90 days in jail, or both, for each misdemeanor violation that is issued.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-02 (JCC. 1/14/20, Pass. 2/4/20, App. 2/10/20, Pub. 2/18/20, Eff. 2/18/20).
(a) This article is applicable to any current or future agreement for multi-family dwellings available for rent or lease that is part of an affordable housing development.
(b) The provisions of this article are in addition to, not in lieu of, applicable state or federal laws governing the sale or other disposition of real property that would either result:
(1) In the discontinuance of its use as an affordable housing development; or
(2) In the termination of any low income or moderate income use restriction.
(c) This article does not infringe upon a property owner’s right to sell or dispose of real property or to raise rents upon the termination of applicable affordability covenants or when the property is no longer an affordable housing development.
(d) This article establishes local notice requirements that provide information regarding an affordable housing development’s status to the City, to any applicable state or federal agencies, and to the tenants of that property.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-02 (JCC. 1/14/20, Pass. 2/4/20, App. 2/10/20, Pub. 2/18/20, Eff. 2/18/20).
(a) At least 12 months prior to any planned termination of applicable affordability covenants, the owner of an affordable housing development shall file with the Office of the City Clerk and deliver to the Director of the Detroit Housing Commission, the Director of the Housing and Revitalization Department, and to each tenant a Notice of Intent to Terminate an existing federal, state, or local government contractual arrangement, financial loan, assistance or subsidy that is the underlying foundation of the affordable housing restriction.
(1) A Notice of Intent to Terminate shall include the following information:
a. The contact information of each owner of the affordable housing development including name, address, telephone number and email address or for any owner that is a corporation, limited-liability company, partnership, or other entity required to have a resident agent, and the aforementioned contact information for the resident agent only, as well as local branch information if the entity is not headquartered in the State of Michigan;
b. The name of the housing subsidy, federal, state, or local program name and identification number applicable to the affordable housing development;
c. The date of the intended or expected termination; and
d. A description of the basic legal rights of the affected tenants with regard to the termination of the affordable housing restriction and a list of local housing agencies and social service entities that may be of assistance.
(2) In addition to the information contained in Subsection (a)(1) of this section, notices provided to the Director of the Detroit Housing Commission and the Director of the Housing and Revitalization Department shall also include the following information:
a. A copy of the document or reference information if it is a recorded document that is the basis for the underlying subsidy;
b. The total number of subsidized rental units in the development subject to termination as well as a breakdown of the number of those units occupied by tenants 62 years of age or older, occupied by disabled persons, and occupied by individuals with children;
c. The current rent schedule for the subsidized rental units; and
d. The anticipated rent schedule after termination. Where maintaining ownership, the owners shall give the best estimate to define anticipated rents after termination, but shall not be bound by the estimates provided.
(3) The 12-month notice period shall commence on the date the Notice of Intent to Terminate has been filed with the Office of the City Clerk.
(b) At least 12 months prior to the termination or non-renewal of affordable housing restrictions, an owner of an affordable housing development shall provide a summary of the Notice of Intent to Terminate that is required in Subsection (a) of this section. The summary shall clearly state that the affordable housing restriction is ending and the anticipated date the rent schedules are expected to change. The summary shall be:
(1) Posted in a conspicuous area in the hallway of each floor, in each elevator, and in at least two common areas of the building; and
(2) Included in every tenant’s rent bill at least once.
(c) If on the effective date of this article, the federal, state, or local government contractual arrangement, financial loan, assistance or subsidy that is the underlying foundation for the affordable housing restriction will terminate or expire in less than 12 months, or where an unplanned termination occurs, the owner shall provide immediate notice to the City and the affected tenants as set forth in Subsection (a) of this section and post notice as set forth in Subsection (b) of this section.
(d) The owner of an affordable housing development shall file with the Office of the City Clerk and deliver to the Director of the Detroit Housing Commission, the Director of the Housing and Revitalization Department, and to each tenant a written reminder of the date the affordable housing restriction will terminate as follows:
(1) At least six months prior to the planned termination of affordable housing restrictions: or
(2) Within one week of an owner being notified of an unplanned termination of affordable housing restrictions.
(e) Owners of affordable housing developments are exempt from the requirements of this section where:
(1) The owner is refinancing the project and preserving all affordable housing requirements and restrictions; or
(2) The property is being sold to a buyer who has entered into a regulatory agreement that will preserve the current affordability requirements and restrictions; or
(3) Additional restrictions are present to preserve the affordability of units within the affordable housing development.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-02 (JCC. 1/14/20, Pass. 2/4/20, App. 2/10/20, Pub. 2/18/20, Eff. 2/18/20).
The Housing and Revitalization Department shall prepare and submit an annual report to the Mayor and the City Council that includes, at a minimum, the following information for the preceding year:
(1) A list of affordable housing developments where affordability was terminated and the number of units impacted including:
a. Planned terminations where the affordable housing restriction concluded in the preceding calendar year and rent levels are no longer restricted: or
b. Where an unplanned termination of an affordable housing restriction occurred due to foreclosure and the corresponding unexpired affordability period remaining: or
c. Where an unplanned termination of an affordable housing restriction occurred due to a failure to meet physical condition standards and a description of such failures.
(2) A list of properties where the affordable housing restrictions within an affordable housing development may terminate within the following calendar year:
a. By expiration and no plan is in place to extend the affordability period: or
b. Where the Housing and Revitalization Department has been notified that the affordability period will end, bv either planned or unplanned termination, and a plan is in place to extend the affordability period but such plan has not yet been formally executed: or
c. Where the affordability of units was preserved through contract renewal, new financing or other mechanism to maintain the affordable housing restrictions and the length of time of the extension.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-02 (JCC. 1/14/20, Pass. 2/4/20, App. 2/10/20, Pub. 2/18/20, Eff. 2/18/20).
The Department will be responsible for communicating the requirements of this article to owners of current affordable housing developments. This communication shall be in writing and sent annually via first class mail or electronic communication.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-02 (JCC. 1/14/20, Pass. 2/4/20, App. 2/10/20, Pub. 2/18/20, Eff. 2/18/20).
For the purpose of this article, the following words and phrases shall have the meaning respectively ascribed to them by this section:
Certificate of Approval means a certificate issued by the Buildings, Safety Engineering, and Environmental Department pursuant to 22-4-5(a) of this Code for a rehabilitated facility or a certificate issued by the Buildings, Safety Engineering, and Environmental Department pursuant to Section 22-4-5(c) of this Code for a new facility.
Commission means the State Tax Commission created by the Michigan Tax Commission Act, being MCL 209.101 et seq.
Condominium unit means that portion of a structure intended for separate ownership, intended for residential use, and established pursuant to the Michigan Condominium Act, being MCL 559.101 to 559.276, which, within a qualified historic building, may be held under common ownership.
Dwelling means a new facility, a homestead facility, or a rehabilitated facility or a unit in a new facility, a homestead facility, or a rehabilitated facility for which a neighborhood enterprise zone certificate is in effect
Homestead facility means an existing structure, purchased by or transferred to an owner after December 31, 1996, that has as its primary purpose residential housing consisting of one or two units, one of which is occupied by an owner as the owner’s principal residence and that is located within a subdivision platted pursuant to state law before January 1, 1968, other than an existing structure for which a certificate will or has been issued after December 31, 2006, in a city with a population of 750,000 or more, is located within a subdivision platted pursuant to state law before January 1, 1968.
Neighborhood enterprise zone certificate means a certificate issued by the Commission pursuant to the Michigan Neighborhood Enterprise Zone Act, being MCL 207.771 et seq.
New facility means one or both of the following:
(1) A new structure or a portion of a new structure that has as its primary purpose residential housing consisting of one or two units, one of which is or will be occupied by an owner as the owner’s principal residence; or a model home or a model condominium unit; or a new individual condominium unit, in a structure with one or more condominium units, that has as its primary purpose residential housing and that is or will be occupied by an owner as the owner’s principal residence, but, except as provided in Subsection (2) of this definition, does not mean apartments.
(2) A new structure or a portion of a new structure that meets all of the following:
a. Is rented or leased or is available for rent or lease; and
b. Is a mixed use building or located in a mixed use building that contains retail business space on the street level floor; and
c. Is located in a qualified downtown revitalization district.
Owner means the record title holder of, or the vendee of the original land contract pertaining to a new facility, a homestead facility, or a rehabilitated facility for which a neighborhood enterprise zone certificate is applied for or is issued.
Qualified historic building means a property within a neighborhood enterprise zone that has been designated a historic resource as defined under Section 266 of the Michigan Income Tax Act of 1967, being MCL 206.266.
Rehabilitated facility means an existing structure with a current true cash value of $80,000.00 or less per unit that has or will have as its primary purpose residential housing consisting of one to eight units, the owner of which proposes improvements that, if done by a licensed contractor, would cost in excess of $5,000.00 per owner-occupied or 50 percent of the true cash value, whichever is less, or $7,500.00 per non-owner-occupied unit or 50 percent of the true cash value, whichever is less, or the owner proposes improvements that would be done by the owner and not a licensed contractor and the cost of the materials would be in excess of $3,000.00 per owner-occupied unit or $4,500.00 per owner-occupied unit and will bring the structure into conformance with minimum standards for occupancy under Chapter 8 of this Code, Building Construction and Property Maintenance or improve the livability of the units while meeting minimum standards under Chapter 8 of this Code, Building Construction and Property Maintenance, or an individual condominium unit, in a structure with one or more condominium units, that has as its primary purpose residential housing, the owner of which proposes the above-described improvements, or existing or proposed condominium in a qualified historic building with one or more existing or proposed condominium units, which may contain multiple rehabilitation facilities, but does not mean a facility rehabilitated with the proceeds of an insurance policy for property or casualty loss.
Sale or transfer means to convey any interest in a dwelling except by lease, mortgage, device, bequest or lien foreclosure. A sale or transfer shall be deemed to occur upon the transfer of title, the execution of a land contract, or the exercise of an option to purchase a dwelling.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2019-43 (JCC. 10/8/19, Pass.11/26/19, App. 11/27/19, Pub. 12/18/19, Eff. 12/18/19).
(a) It shall be unlawful for any person to violate any provision of this article, or to aid and abet another to violate such provision.
(b) Any person who violates this article, or aids and abets another to violate such provision, may be issued a misdemeanor violation for each day that the violation continues.
(c) Any person who is found guilty of violating any provision of this article, or aids and abets another to violate such provision, shall be convicted of a misdemeanor for each violation that is issued and, in the discretion of the court, may be fined up to $500.00 and sentenced up to 90 days in jail, or both, for each misdemeanor violation that is issued.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2019-43 (JCC. 10/8/19, Pass.11/26/19, App. 11/27/19, Pub. 12/18/19, Eff. 12/18/19).
A penalty created by this article shall not limit or derogate any other statutory or common law right or action.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2019-43 (JCC. 10/8/19, Pass.11/26/19, App. 11/27/19, Pub. 12/18/19, Eff. 12/18/19).
It shall be unlawful to sell or transfer, or act as a broker for a sale or transfer of a dwelling for which a neighborhood enterprise zone certificate is in effect unless a valid Certificate of Approval is tendered to the purchaser or transferee at the time of the sale.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2019-43 (JCC. 10/8/19, Pass.11/26/19, App. 11/27/19, Pub. 12/18/19, Eff. 12/18/19).
(a) The Buildings, Safety Engineering, and Environmental Department shall issue a Certificate of Approval on a rehabilitated facility only after the dwelling has been inspected and found to conform with Chapter 8 of this Code, Building Construction and Property Maintenance. The inspection report shall be issued only after the Buildings, Safety Engineering, and Environmental Department has inspected the dwelling, and shall note any deficiencies.
(b) Applications for Certificates of Approval or inspection reports shall be available at the Buildings, Safety Engineering, and Environmental Department and shall be filed with the Buildings, Safety Engineering, and Environmental Department. In accordance with Section 8-6-8 of this Code, the Buildings, Safety Engineering, and Environmental Department shall obtain payment of any required fees for inspections made pursuant to this article.
(c) The Buildings, Safety Engineering, and Environmental Department shall issue a Certificate of Approval on a new facility only after the dwelling has been inspected and determined to conform with all applicable construction codes under Chapter 8 of this Code, Building Construction and Property Maintenance.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2019-43 (JCC. 10/8/19, Pass.11/26/19, App. 11/27/19, Pub. 12/18/19, Eff. 12/18/19).
(a) A Certificate of Approval or inspection report shall be valid for six months from the date of issuance, except for any dwelling for which a certificate or report is issued that was occupied at the time of issuance. In which case, the certificate or report shall be valid during the period of continuous occupancy, but not to exceed 24 months. A Certificate of Approval is not a warranty or guarantee that the dwelling is defect free, and the City shall not be held responsible for defects omitted from the inspection report.
(b) Beginning in calendar year 2020 and then every five years thereafter, the City Council shall review maps provided by the Assessor’s Office that are associated with current Neighborhood Enterprise Zones.
(1) This review shall include, at minimum, each of the following;
a. Uptake rate within established zones (ratio of current NEZ H certificates and active Principal Residency Exemptions);
b. Financial impact of new zones on all ad valorem taxing authorities; and
c. Other pertinent information related to neighborhood stabilization including, but not limited to:
i. current assessed value:
ii. length of residency:
iii. market sale comparables:
iv. effective property tax rate (ratio of current property tax payment and assessed value); and
v. current certificate expiration dates.
(2) City Council may opine, by adoption of a resolution outlining its findings on each of the criteria listed in subpart (1), whether the maps need to be modified or maintained in their current configuration.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2019-43 (JCC. 10/8/19, Pass.11/26/19, App. 11/27/19, Pub. 12/18/19, Eff. 12/18/19).
The purpose of this article is to enhance the health, safety and general welfare of the public by ensuring citizens with arrest and conviction records have a fair opportunity to secure housing by regulating the use of criminal background checks as part of the tenant screening process, thereby facilitating reintegration into society, reducing recidivism and its associated criminal justice and societal costs. Barriers to opportunities for people with arrest or conviction records increase recidivism and jeopardize the safety of the public, disrupt the financial and overall stability of affected families and communities, and impede the Citv from achieving its maximum potential of economic growth.
Codified by Ord. No. 01-19 (JCC. 1/15/19, Pass. 2/12/19, App. 12/18/19, Pub. 3/1/19, Eff. 9/1/19); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
(a) This article does not intend, and shall not be construed, to require a housing provider to give preference to anyone or to rent to an unqualified tenant with an arrest or conviction record. Moreover, this article shall not be construed to limit a housing provider’s ability to choose the most qualified and appropriate candidate from applicants for housing.
(b) This article does not intend, and shall not be construed, to create or impose a duty or create a private cause of action against the Citv, its elected officials, appointees, officers, agents. Or employees.
Codified by Ord. No. 01-19 (JCC. 1/15/19, Pass. 2/12/19, App. 12/18/19, Pub. 3/1/19, Eff. 9/1/19); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
For the purposes of this article, the following words and phrases shall have the meaning respectively ascribed to them by this section:
Administering agency means the City’s Department of Civil Rights. Inclusion and Opportunity or CRIO.
Adverse action means to evict an individual, fail or refuse to rent or lease real property to an individual, or fail or refuse to continue to rent or lease real property to an individual, or fail or refuse to add a household member to an existing lease, or to reduce any tenant subsidy. The adverse action must relate to real property located in the City of Detroit.
Applicant means an individual applying to rent or lease eligible housing. It also includes an individual applying to be added to an existing lease for eligible housing,
Arrest means a record from any jurisdiction that does not result in a conviction and includes information indicating that a person has been questioned, apprehended, taken into custody or detained, or held for investigation by a law enforcement, police, or prosecutorial agency or charged with, indicted, or tried and acquitted for any felony, misdemeanor, or other criminal offense. Arrest is a term that is separate and distinct from, and that does not include, unresolved arrest.
Background check report means any criminal history report accessible through the Michigan State Police Internet Criminal History Access Tool (I-CHAT). Courts, or by any consumer reporting, or tenant screening, agency or business.
Conviction means a record from any jurisdiction that includes information indicating that a person has been convicted of a felony or misdemeanor, provided that the conviction is one for which the person has been placed on probation, fined, imprisoned or paroled. Those matters identified in Section 22-8-5 about which a housing provider may not inquire and as to which they may not base an adverse action, are not considered convictions for purposes of this article.
Conviction history means information regarding one or more convictions or unresolved arrests, transmitted orally or in writing or by any other means, and obtained from any source. including but not limited to the individual to whom the information pertains or a background check report.
Directly-related conviction means that the conduct for which the person was convicted or that is the subject of an unresolved arrest that has a direct and specific negative bearing on the health, safety, or right to peaceful enjoyment of the premises by persons and includes one or more of the offenses listed in Section 22-8-6(b). In determining whether the conviction or unresolved arrest is directly related to the housing, the housing provider shall consider whether the housing offers the opportunity for the same or similar offense to occur and whether circumstances leading to the conduct for which the person was convicted will recur in the housing, and whether supportive services that might reduce the likelihood of a recurrence of such conduct are available on-site. Those matters identified in Section 22-8-5(2) about which a housing provider may not inquire and as to which they may not base an adverse action mav not qualify as a directly-related convictions.
Dwelling or dwelling unit means a single unit providing complete, independent living facilities occupied, or intended to be occupied, in whole or in part by one (1) or more persons, including permanent space and provisions for living, cooking, eating, sanitation, and sleeping.
Eligible housing means any rental property in the City of Detroit available for rent or lease where a single structure contains more than four (4) dwelling units or more than four (4) rental properties are owned by the same person.
Enforcing agency means the Detroit Police Department or DPD.
Evidence of rehabilitation or other mitigating factors means, but shall not be limited to, a person’s satisfactory compliance with all terms and conditions of parole or probation (however, inability to pay fines, fees, and restitution due to indigence shall not be considered noncompliance with terms and conditions of parole or probation or both); employer recommendations, especially concerning a person’s post-conviction employment; educational attainment or vocational or professional training since the conviction, including training received while incarcerated: completion or active participation in rehabilitative treatment e.g., alcohol or drug treatment; letters of recommendation from community organizations, counselors or case managers, teachers, community leaders or probation or parole officers who have observed the applicant since his or her conviction(s); and the age of the person at the time of the conviction. Successful completion of parole, probation, mandatory supervision, or post release community supervision shall create a presumption of rehabilitation. Examples of mitigating factors that are offered voluntarily by the person may include, but are not limited to, explanation of the precedent coercive conditions, intimate physical or emotional abuse, or untreated substance abuse or mental illness that contributed to the conviction.
Housing provider means any entity that owns, master leases, manages, or rents eligible housing in the City of Detroit. Any agent, such as a property management company, that makes tenancy decisions on behalf of the aforementioned entities shall also be considered a housing provider. Inquire means any direct or indirect conduct intended to gather information from or about an applicant, potential applicant or candidate. using any mode of communication, including but not limited to application forms, interviews, and background check reports.
Person means any individual, partnership, firm, company, corporation, association, sole proprietorship, limited liability company, joint venture, estate, trust, or any other legal entity.
Rental property means a non-owner occupied dwelling unit or dwelling units that:
(1) Is or are let or occupied by persons, including a family member of the owner, pursuant to an oral or written rental contract, or lease, or other oral or written agreement or understanding for occupation, with or without, monetary compensation: or
(2) Will be offered for occupancy under an oral or written rental contract or lease, or other oral or written agreement or understanding for occupation, with or without, monetary compensation to any person: or
(3) Is or are contained within a building with two (2) or more dwelling units that are not occupied by the owner: or
(4) Has or have been advertised to the public or previously registered with the city as rental property.
Unresolved arrest means an arrest that is undergoing an active pending criminal investigation or trial that has not yet been resolved. An arrest has been resolved if the arrestee was released and no accusatory pleading was filed charging him or her with an offense, or if the charges have been dismissed or discharged bv the prosecuting attorney or the court.
Codified by Ord. No. 01-19 (JCC. 1/15/19, Pass. 2/12/19, App. 12/18/19, Pub. 3/1/19, Eff. 9/1/19); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
This article shall apply to all housing providers with eligible housing as defined in this article available for rent or lease located in the City of Detroit.
Codified by Ord. No. 01-19 (JCC. 1/15/19, Pass. 2/12/19, App. 12/18/19, Pub. 3/1/19, Eff. 9/1/19); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
(a) Except as provided in Section 22-8-6. housing providers shall not:
(1) Inquire about or require applicants to disclose conviction history as part of tenant screening process until the housing provider has first:
(i) Determined the applicant is qualified to rent the housing unit under all of the housing provider’s criteria not related to potential past criminal convictions or an unresolved arrest: and
(ii) Provided to the applicant a conditional lease agreement that commits the unit to the applicant as long as the applicant passes the conviction history review.
(2) Base an adverse action in whole or in part on:
(i) An unresolved arrest or an arrest not leading to a conviction:
(ii) Participation in or completion of a diversion or a deferral of judgment program:
(iii) A conviction that has been judicially dismissed, expunged, voided, invalidated or otherwise rendered inoperative by a court of law or by executive pardon,
(iv) A conviction or any other determination or adjudication in the juvenile justice system, or information regarding a matter considered in or processed through the juvenile justice system:
(v) A misdemeanor conviction that is more than 5 years old, measured from the date of sentencing; or
(vi) Information pertaining to an offense or violation other than a felony or misdemeanor, such as a civil infraction.
(3) A housing provider shall not include questions regarding or require applicants to disclose on any housing application the facts or details of any conviction history or any matter identified in Subsection (2) of this Section.
(b) It is the responsibility of a housing provider to ensure that its employees and agents comply with this article.
Codified by Ord. No. 01-19 (JCC. 1/15/19, Pass. 2/12/19, App. 12/18/19, Pub. 3/1/19, Eff. 9/1/19); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
(a) This article does not limit the right of a housing provider to take any of the following actions:
(1) Conduct conviction history or obtain background check reports on applicants where there is a statutory duty to do so: or
(2) Notify applicants that applicable laws, including those set forth in Subsection (b) of this Section will disqualify an individual with a particular conviction history from eligibility for tenancy.
(b) Regarding applicants and their household members, a housing provider may base an adverse action in whole or in part on directly-related convictions that includes one or more of the following:
(1) Any conviction where state or federal law prohibits the applicant from being eligible for public housing: or
(2) Any conviction that leads to the applicant becoming a lifetime registered sex offender: or
(3) Any conviction for violent or drug-related felonies: or
(4) Conviction for felonies committed within the last 10 years or imprisonment for felonies within the last 5 years: or
(5) Any conviction for crimes against landlords, management agents, their employees or agents, or other tenants or real property: or
(6) Any conviction or plea to any crime involving arson: or
(7) Any conviction or plea to any crime involving metal theft, vandalizing or otherwise damaging real property.
Codified by Ord. No. 01-19 (JCC. 1/15/19, Pass. 2/12/19, App. 12/18/19, Pub. 3/1/19, Eff. 9/1/19); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
(a) Consistent with the procedures in this section and subject to state and federal law, a housing provider shall offer the applicant a reasonable opportunity to present evidence of rehabilitation or other mitigating factors related to convictions within the previous 5 years.
(b) In reviewing an applicant’s criminal history and making a decision related to eligible housing based on such history, a housing provider shall conduct an individualized assessment, considering only:
(1) Convictions that warrant denial based on local, state or federal law: and
(2) Time that has elapsed since the conviction; and
(3) Whether it is a directly-related conviction that has direct and specific negative bearing on the safety of persons or real property: and
(4) Any evidence of inaccuracy or evidence of rehabilitation or other mitigating factors presented by the applicant.
(c) If a housing provider intends to base an adverse action related to eligible housing on an item or items in the applicant’s conviction history, prior to taking any adverse action the housing provider shall provide the applicant with a copy of the background check report, and shall notify the applicant of the prospective adverse action and the items forming the basis for the prospective adverse action.
(d) If, within 14 calendar days of the date that the notice described in Subsection (c) of this Section is provided by the housing provider to the applicant, the applicant gives the housing provider notice in writing of evidence of the inaccuracy of the item or items of conviction history or evidence of rehabilitation or other mitigating factors set forth in this Section, the housing provider shall delay any adverse action for a reasonable period of not less than 5 calendar days after receipt of the information. During that time the housing provider shall reconsider the prospective adverse action in light of the information provided by the applicant or potential applicant.
(e) The housing provider shall promptly notify the applicant of anv final adverse action based upon their conviction history or contents of the criminal background check.
(f) It shall be unlawful for any housing provider to engage in any communication, including the production or dissemination of advertisements, related to eligible housing that expresses, directly or indirectly, that any person with an arrest or conviction record will not be considered for the rental or lease of real property or may not apply for the rental or lease of real property. except as required by local, state, or federal law. For purposes of this Subsection, engaging in a communication includes, but is not limited to, making a verbal statement or producing or disseminating any solicitation, advertisement, or signage.
Codified by Ord. No. 01-19 (JCC. 1/15/19, Pass. 2/12/19, App. 12/18/19, Pub. 3/1/19, Eff. 9/1/19); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
(a) A housing provider shall state in all solicitations or advertisements for the rental or lease of eligible housing, or made on their behalf, that the housing provider shall consider qualified applicants consistent with this article. This language shall include, at minimum, the following statement: “The rental or lease of this property must comply with the City of Detroit ordinance regulating the use of criminal background checks as part of the tenant screening process to provide citizens with criminal backgrounds a fair opportunity. For additional information, please contact the City of Detroit Office of Civil Rights, Inclusion and Opportunity.”
(b) The administering agency shall publish and make available to housing providers, in all languages spoken bv more than 5% of the city population, a notice suitable for posting that informs applicants for eligible housing of their rights under this article. This notice shall be updated on or before December 1st of any year in which there is a change in the languages spoken by more than 5% of the citv population.
(c) In addition to the requirements for solicitations or advertisements in Subsection (a) of the Section, housing providers shall post a notice prominently on their website and at anv location under their control that is frequently visited by applicants or potential applicants for the rental or lease of eligible housing in the City. This notice shall also be available to applicants in hard copy and provided with an application. The notice requirements in this Section shall contain the following additional information which may be summarized by the housing provider or available from the administering agency pursuant to 22-8-14(a)(1):
(1) A description of those matters identified in Section 22-8-5 that may not be considered by the housing provider;
(2) A description of the restrictions and requirements that Section 22-8-5 imposes on housing providers when inquiring about conviction history in connection with an application for the rental or lease of eligible housing in the City;
(3) The circumstances and timeline under which the applicant or potential applicant has a right to provide evidence of rehabilitation and other mitigating factors as provided in Section 22-8-7; and
(4) The telephone number, email address, and mailing address of the administering agency that the applicant or potential applicant mav use to make a report if he or she believes the housing provider has violated this article in their interactions with the applicant or potential applicant.
Codified by Ord. No. 01-19 (JCC. 1/15/19, Pass. 2/12/19, App. 12/18/19, Pub. 3/1/19, Eff. 9/1/19); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
(a) Unless prohibited by federal or state law, a housing provider shall maintain and retain records of tenant application forms, and other pertinent data and records required under this article, for a minimum of one year from the date of application, and shall allow the administering or enforcing agencies access to such records, with appropriate notice and at a mutually agreeable time, to monitor or verify compliance with the requirements of this article.
(b) At no time shall the administering or enforcing agencies require a housing provider to provide any information or documents the disclosure of which would violate local, state or federal law.
(c) Where a housing provider does not maintain or provide adequate records documenting compliance with this article or does not allow reasonable access to such records, the Office of the Chief Financial Officer or other city department or agency shall have the authority to provide all nonfinancial information necessary to fulfill the administering or enforcing agencies responsibilities under this article subject to confidentiality provisions of this article and all applicable laws.
Codified by Ord. No. 01-19 (JCC. 1/15/19, Pass. 2/12/19, App. 12/18/19, Pub. 3/1/19, Eff. 9/1/19); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
(a) It shall be unlawful for a housing provider or any other person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this article.
(b) It shall be unlawful for a housing provider to interrupt, terminate, or fail or refuse to initiate or conduct a transaction involving the rental or lease of eligible housing, including falsely representing that such property is not available for rental or lease, or otherwise take adverse action against a person in retaliation for exercising rights protected under this article. Such rights include but are not limited to:
(1) The right to file a complaint or inform any person about a housing provider’s alleged violation of this article:
(2) The right to inform the administering agency about a housing provider’s alleged violation of this article;
(3) The right to cooperate with the administering or enforcing agencies or other persons in the investigation or prosecution of any alleged violation of this article; or
(4) The right to inform any person of his or her rights under this article.
(c) Protections of this Section shall apply to any person who mistakenly but in good faith alleges violations of this article.
(d) Taking adverse action against a person within 90 calendar days of the exercise of one or more of the rights described in this Section shall create a rebuttable presumption in the administering agency’s investigation that such adverse action was taken in retaliation for the exercise of those rights.
Codified by Ord. No. 01-19 (JCC. 1/15/19, Pass. 2/12/19, App. 12/18/19, Pub. 3/1/19, Eff. 9/1/19); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
(a) The administering agency, in consultation with the Mayor’s Office, may establish a community-based outreach program to conduct education and outreach to applicants and potential applicants for housing regarding rights and procedures under this article. The program may be targeted at individuals or communities where, in the judgment of the administering agency, the need for education and outreach is greatest.
(b) In establishing an outreach program pursuant to Subsection (a) of this Section, the administering agency may partner with community-based organizations. Nothing in this Section shall preclude the administering agency, by contract or grant, and consistent with other provisions of local laws, from engaging the services of such organizations in establishing such community based outreach programs, participating in such programs, or developing materials for such programs. Nothing in this Section shall preclude the administering agency from combining the outreach programs required by Subsection (a) of this Section with other related community outreach programs.
Codified by Ord. No. 01-19 (JCC. 1/15/19, Pass. 2/12/19, App. 12/18/19, Pub. 3/1/19, Eff. 9/1/19); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
The City shall keep confidential, to the extent permitted by applicable laws, any identifying information or other data pertaining to an applicant’s criminal history.
Codified by Ord. No. 01-19 (JCC. 1/15/19, Pass. 2/12/19, App. 12/18/19, Pub. 3/1/19, Eff. 9/1/19); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
(a) The administering agency shall investigate complaints regarding a housing provider’s alleged violation of this article. The administrative agency may engage third party assistance to conduct its investigation.
(1) Where the Director of the administering agency determines that a violation has not occurred, he or she shall issue a determination that a housing provider is not in violation of this article. This determination shall be provided to the housing provider and the complainant.
(2) Where the Director of the administering agency determines that a violation has occurred, he or she shall issue a determination that a housing provider is in violation of this article; provided, however, for a first violation, or for any violation during the first twelve months following the operative date of this article, the Director must issue warnings and notices to correct, and offer the housing provider technical assistance on how to comply with the requirements of this article. For a second violation, the administering agency shall refer its determination for each applicant as to whom the violation occurred or is continuing to the enforcing agency for action. to the housing provider and the complainant.
(3) Where the Director of the administering agency determines that a violation has occurred, he or she shall forward a copy of the determination to the State of Michigan Department of Civil Rights for consideration.
(b) The administering agency, in consultation with the Mayor’s Office, is authorized to take appropriate steps to assist in the enforcement of this article, including the investigation of any possible violations of this article. The administering or enforcing agencies shall not find a violation based on a housing provider’s decision that an applicant’s conviction history is directly related unless the housing provider failed to conduct the individualized assessment as required under Section 22-8-7.
(c) If multiple applicants are impacted by the same violation at the same time e.g. all applicants for a certain housing unit are asked for their conviction history on the initial application each violation shall be treated as a separate violation.
(d) In accordance with Section 4i(k) of the Michigan Home Rule Cities Act, being MCL 117.4i(k), the penalty upon conviction for violation of this article shall be imprisonment for not more than 90 days or a fine of not more than $500.00, or both, for each such violation, in the discretion of the court.
(e) An applicant or potential applicant may report to the administering agency any suspected violation of this article within 60 calendar days of the date the suspected violation occurred. The City shall encourage reporting pursuant to this Subsection by keeping confidential, to the maximum extent permitted by applicable laws, the name and other identifying information of the applicant or potential applicant reporting the violation; provided, however, that with the authorization of such person, the City may disclose his or her name and identifying information as necessary to enforce this article or for other appropriate purposes, which shall include enabling the housing provider to respond to the alleged violation as part of an investigation by the administering agency.
Codified by Ord. No. 01-19 (JCC. 1/15/19, Pass. 2/12/19, App. 12/18/19, Pub. 3/1/19, Eff. 9/1/19); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
(a) Within 120 calendar days after the effective date of the ordinance that added this article, the administering agency shall promulgate administrative rules pursuant to Section 2-111 of the Charter. These rules shall include, at minimum, procedures for the following:
(1) Preparing standardized language for the notice in Section 22-8-8(c) that housing providers may use to satisfy the requirements of that Subsection.
(2) Timeframe and process, including notification, for the following:
(i) To housing providers that a complaint has been filed alleging violation of this article and that an investigation will occur:
(ii) Provide the housing provider a right to respond to the allegations in the complaint:
(iii) To obtain verification from the City of Detroit Buildings. Safety Engineering and Environmental Department that the eligible housing is in compliance with the registration of residential rental properties in accordance with Section 8-15-82 of this Code;
(iv) To obtain verification from the City of Detroit Buildings, Safety Engineering and Environmental Department that the eligible housing has a valid certificate of compliance required by Michigan law, Section 8-15-35 of this Code, or by other provision of this Code:
(v) Receipt and consideration by the administering agency of anv response and supporting information from a housing provider regarding the alleged violation; and
(vi) Dissemination of the administering agency’s determination of whether an alleged violation in the complaint was substantiated to the housing provider and complainant. If a violation is substantiated, dissemination to the enforcing agency and State of Michigan Department of Civil Rights.
(b) The administering and enforcing agencies shall prepare and jointly submit an annual report to the Mayor and City Council that includes, at a minimum, the following information for the preceding year;
(1) The number and types of complaints it received alleging violations of this article:
(2) The number and types of violations of this article represented by the number of determinations issued by the Director of the administering agency substantiating the alleged violations;
(3) The number and types of violations of this article represented by the number of determinations issued by the Director of the administering agency where the allegations of violations of this article were unsubstantiated;
(4) The number and types of determinations forwarded to the State of Michigan Department of Civil Rights:
(5) The number and types of tickets issued by the enforcing agency;
(6) Data regarding the outcome of tickets issued in court itemizing the number of dismissals, convictions or plea arrangements, including the penalties assessed: and
(7) The costs associated with the implementation and administration of this article.
Amended by Ord. No. 01-19 (JCC. 1/15/19, Pass. 2/12/19, App. 12/18/19, Pub. 3/1/19, Eff. 9/1/19); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
The purpose of this ordinance is to require senior housing facilities to install alternative emergency energy sources in order to be prepared for an interruption of normal electrical supply, which will decrease the probability of injury and death among residents of senior housing facilities.
Codified by Ord. No. 15-19 (JCC. 2/19/19, Pass. 6/11/19, App. 6/17/19, Pub. 8/21/19, Eff. 3/1/20); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Emergency generator means a stationary combustion device, such as a reciprocating internal combustion engine or turbine that serves solely as a secondary source of mechanical or electrical power whenever the primary energy supply is disrupted or discontinued during power outages or natural disasters as defined by Environmental Protection Act, 40 CFR §98.6.
Fuel cell energy system means one or more fuel cells or fuel cell stacks and an inverter or other power conditioning unit. A fuel cell energy system may also include a fuel processor. As used in this subdivision and in accordance with MCL 207.822(t):
(1) Fuel cell means an electrochemical device that uses an external fuel and continuously converts the energy released from the oxidation of fuel by oxygen directly into electricity without combustion and consists of an anode, a cathode, and an electrolyte.
(2) Fuel cell stack means an assembly of fuel cells.
(3) Fuel processor means a device that converts a fuel, including, but not limited to, methanol, natural gas, or gasoline, into a hydrogen rich gas, without combustion for use in a fuel cell.
Senior Citizen means a resident that is 55 years of age or older.
Senior Housing facility means an institution other than a hospital or hotel that provides housing or room and board to persons aged 55 years or older, and is licensed through the state of Michigan or operates exclusively as any of the following;
(1) Assisted Living means a residential care facility designed primarily for older people who typically have no serious health problems but who may have chronic or debilitating conditions requiring assistance with daily activities. Permitted services include but are not limited to staff-supervised meals, housekeeping, personal care, medication supervision, and social activities. Both private and shared sleeping rooms may be provided. Facilities providing regular care under supervision of physicians are not considered assisted living facilities;
(2) Congregate Care means a dependent elderly housing facility with cooking facilities within the unit, but with a central dining service option;
(3) Home for the Aged means a supervised personal care facility, other than a hotel, adult foster care facility, hospital, nursing home, or county medical care facility that provides room, board, and supervised personal care to 21 or more unrelated, non-transient, individuals 55 years of age or older. Home for the aged includes a supervised personal care facility for 20 or fewer individuals 55 years of age or older if the facility is operated in conjunction with and as a distinct part of a licensed nursing home, as defined by the Public Health Code, MCL 333.21335:
(4) Independent Living means a multiple-family housing form with full facilities for self-sufficiency in each individual dwelling unit: or,
(5) Nursing Home means a facility that provides organized nursing care and medical treatment to seven or more unrelated individuals suffering or recovering from illness, injury, or infirmity, and which is not a unit in a correctional facility that is operated by the Michigan Department of Public Health, as set forth in Section 44-5-1 of this Code.
Storage battery means a battery that is used to start an internal combustion engine or as the principal electrical power source for a vehicle, in which the electrodes are grids of lead containing lead oxides that change in composition during charging and discharging, and the electrolyte is dilute sulfuric acid, as set forth in MCL 324.17101(c).
Uninterruptible power supply or uninterruptible power source means an electrical apparatus that provides emergency power to a load when the input power source or main power fails.
Codified by Ord. No. 15-19 (JCC. 2/19/19, Pass. 6/11/19, App. 6/17/19, Pub. 8/21/19, Eff. 3/1/20); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
All senior housing facilities as defined in Section 22-9-2 of this Article shall have an alternative emergency energy source as listed in either Subsection 22-9-4(a) or Section 22-9-4(b) of this Article.
Codified by Ord. No. 15-19 (JCC. 2/19/19, Pass. 6/11/19, App. 6/17/19, Pub. 8/21/19, Eff. 3/1/20); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
(a) All senior housing facilities under this section shall have an alternative emergency energy source under Subsection (a) or under Subsection (b) of this Section. In accordance with the National Electrical Code 70, Article 700.12(A)-(E), an alternative emergency energy source shall include at least one of the following:
(1) A storage battery shall be used as a source of power for emergency systems and shall be of suitable rating and capacity to supply and maintain the total load for a minimum period of one and a half hours.
a. The storage battery may be alkali or acid type and shall be designed and constructed to meet the requirements of emergency service and shall be compatible with the charger for that particular installation as in accordance with NEC 70, Article 700.12(A).
b. Automotive type batteries shall not be used.
c. An automatic battery charging means shall be provided by the senior housing facility.
(2) An uninterruptible power supply shall be used to provide power for emergency systems and shall comply with the applicable provisions of NEC 70, Article 700.12(A).
(3) A separate service shall be a service conductor sufficiently remote electrically and physically from any other service conductors to minimize the possibility of simultaneous interruption of supply, and shall be in accordance with the standards set forth in the Article 230 of the NEC.
(4) A fuel cell system used as a source of power for emergency systems shall be of suitable rating and capacity to supply and maintain the total load for not less than two hours of full demand operation.
a. Installation of a fuel cell system shall meet the requirements of Parts II through VIII of Article 692 of the NEC.
b. Where a single fuel cell system serves as the normal supply for the building, it shall not serve as the sole source of power for the emergency standby system.
(b) All senior housing facilities as defined in this Article shall have an emergency generator in accordance with Subsection (b) of this Section, or an alternative emergency energy source under Subsection (a) of this Section.
(1) The generator shall provide no less than four hours of service.
(2) The generator shall generate enough power to provide lighting at all entrances and exits and to operate equipment to maintain fire detection, alarm, and extinguishing systems, telephone switchboards, heating and cooling plant controls, and other critical mechanical and medical equipment essential to the safety and welfare of the residents, personnel, and visitors.
(3) The senior housing facility shall implement a monthly emergency generator system inspection, testing, and maintenance procedure.
a. The generators are to be exercised for a minimum of 30 minutes each month, in compliance with National Fire Protection Association, 110 (12) Section 7.9.2.4.
b. A written record of generator inspections, tests, exercising, operation and repairs is to be maintained by the senior housing facility for three years and available for review upon request by a City official or employee. These records must also include:
(i) The date of the testing and inspection; and
(ii) The name(s) and the credentials of the person(s) providing the service, identification of unsatisfactory conditions and corrective action taken, including parts replaced, and any testing of repairs recommended by the manufacturer.
(4) The senior housing facility shall maintain an onsite fuel source to power emergency generators that will keep emergency power systems operational during the loss of electricity. The onsite fuel source shall be stored in compliance with state regulations.
(5) The City of Detroit’s Buildings, Safety Engineering and Environmental Department and the City of Detroit Fire Marshal or agent, shall be present to witness the initial acceptance testing of the generator in accordance with National Fire Protection Association, 110.
Codified by Ord. No. 15-19 (JCC. 2/19/19, Pass. 6/11/19, App. 6/17/19, Pub. 8/21/19, Eff. 3/1/20); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
(a) The City of Detroit’s Buildings, Safety Engineering and Environmental Department has the authority to inspect the senior housing facility to ensure compliance with this ordinance should a complaint be made regarding the alternative emergency energy sources.
(b) The City of Detroit Fire Marshal has the authority to inspect the senior housing facility to ensure compliance with this ordinance during an annual inspection and any other inspection of the facility.
(c) In accordance with Section 41(3) of the Michigan Home Rule City Act, being MCL 117.41(4) and Sections 1-1-9(c) and 3-2-1, of this Code, a violation of this article is deemed to be a blight violation.
(d) Owners of the senior housing facility who violate any section of this article may be issued a blight violation notice pursuant to Chapter 3 of this Code for each day that the violation continues.
Codified by Ord. No. 15-19 (JCC. 2/19/19, Pass. 6/11/19, App. 6/17/19, Pub. 8/21/19, Eff. 3/1/20); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).