HOUSE BILL NO. 5630

March 20, 2024, Introduced by Reps. McKinney, MacDonell, Paiz, Dievendorf, Wegela, Edwards, Farhat, Rheingans, Morgan, Hood, Wilson, Brabec, Byrnes, Brixie, Price, McFall, Hope, Young, Koleszar, Hill and Weiss and referred to the Committee on Economic Development and Small Business.

A bill to amend 1976 PA 220, entitled

"Persons with disabilities civil rights act,"

(MCL 37.1101 to 37.1607) by adding section 506b.

the people of the state of michigan enact:

Sec. 506b. (1) This section imposes obligations on all of the following:

(a) A person foreclosing a mortgage or land contract under any of the following:

(i) Chapter 31 of the revised judicature act of 1961, 1961 PA 236, MCL 600.3101 to 600.3185.

(ii) Chapter 32 of the revised judicature act of 1961, 1961 PA 236, MCL 600.3201 to 600.3285.

(iii) The state housing development authority act of 1966, 1966 PA 346, MCL 125.1401 to 125.1499c.

(b) A person bringing summary proceedings to recover the possession of premises under chapter 57 or 57a of the revised judicature act of 1961, 1961 PA 236, MCL 600.5701 to 600.5785.

(2) This section provides protection to any of the following individuals if the individual is a person with a disability:

(a) A mortgagor of a mortgage that is the subject of a foreclosure as described in subsection (1).

(b) A vendee of a land contract that is the subject of a foreclosure as described in subsection (1).

(c) An individual in possession of premises that is the subject of summary proceedings as described in subsection (1).

(3) A person described in subsection (1) shall take appropriate steps to invite suggestions from individuals who may qualify for protection under subsection (2) as to reasonable accommodations that may be necessary to ensure that communications with those individuals described in subsection (2), and any companions with disabilities, including, but not limited to, notices required in connection with the foreclosure or summary proceedings, are as effective as communications with others.

(4) A person described in subsection (1) shall not refuse to make reasonable accommodations that may be necessary to ensure that communications with an individual described in subsection (2), and any companion with disabilities, including, but not limited to, notices required in connection with the foreclosure or summary proceedings, are as effective as communications with others.

(5) A person described in subsection (1) shall furnish appropriate auxiliary aids and services where necessary to allow effective communication with an individual described in subsection (2). In determining what auxiliary aids and services are necessary, the person described in subsection (1) shall give primary consideration to the suggestion of the individual described in subsection (2). The person described in subsection (1) shall provide the auxiliary aids and services in accessible formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual described in subsection (2), or companion.

(6) To satisfy the requirements of this section, the person described in subsection (1) shall not do either of the following:

(a) Require the individual described in subsection (2), or companion, to bring another individual to interpret for the individual described in subsection (2), or companion.

(b) Rely on an adult accompanying an individual described in subsection (2), or companion, to interpret or facilitate communication, except in either of the following circumstances:

(i) An emergency involving an imminent threat to the safety or welfare of an individual or the public when there is no interpreter available.

(ii) The individual described in subsection (2), or companion, specifically requests that the accompanying adult interpret or facilitate communication, the accompanying adult agrees to provide the assistance, and reliance on that adult for the assistance is appropriate under the circumstances.

(7) To satisfy the requirements of this section, the person described in subsection (1) shall not rely on a minor to interpret or facilitate communication, except in an emergency involving an imminent threat to the safety or welfare of an individual or the public when there is no interpreter available.

(8) A person described in subsection (1) that chooses to satisfy a requirement of this section by providing a qualified interpreter via video remote interpreting services shall ensure that the video remote interpreting services provide all of the following:

(a) Real-time, full-motion video and audio over a dedicated high-speed, wide-bandwidth video connection or wireless connection that delivers high-quality video images that do not produce lags; choppy, blurry, or grainy images; or irregular pauses in communication.

(b) A sharply delineated image that is large enough to display the interpreter's face, arms, hands, and fingers, and the participating individual's face, arms, hands, and fingers, regardless of the participating individual's body position.

(c) A clear, audible transmission of voices.

(d) Adequate training to users of the technology and other involved individuals so that they may quickly and efficiently set up and operate the services.

(9) A notice required to be given in connection with the foreclosure or summary proceedings is not effective unless the individual described in subsection (2) who is to receive the notice provides an acknowledgment to the individual described in subsection (1) that both of the following are true:

(a) The individual described in subsection (2) has received the notice.

(b) The notice is in a form that the individual described in subsection (2) can understand.

(10) As used in this section, "companion" means a family member, friend, or associate of the individual described in subsection (2), who is an appropriate individual with whom the person described in subsection (1) should communicate.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. ____ or House Bill No. 5631 (request no. 03064'23) of the 102nd Legislature is enacted into law.