Michigan Laws 125.2726 – Acquisition of public housing property; eligibility to enter homestead agreement; substance abuse testing; verification of school attendance
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(1) An applicant who meets all the following criteria is eligible to enter into a homestead agreement to acquire public housing property as a qualified buyer under this act:
(a) The applicant is employed and has been employed for the immediately preceding 1-year period or is otherwise able to meet the financial commitments under this act as determined by the resident organization.
Terms Used In Michigan Laws 125.2726
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Applicant: means an individual and the spouse of that individual if that spouse intends to occupy the property with the individual. See Michigan Laws 125.2722
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Homestead agreement: means a written contract between a resident organization or successor entity and a qualified buyer that contains the terms under which the qualified buyer may acquire the public housing property. See Michigan Laws 125.2722
- Housing commission: means a housing commission or housing authority as defined under section 3 of the housing cooperation law, 1937 PA 293, MCL 125. See Michigan Laws 125.2722
- Local governmental unit: means a county, city, village, or township. See Michigan Laws 125.2722
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Qualified buyer: means an applicant who meets the criteria in section 6. See Michigan Laws 125.2722
- Resident organization: means a group of residents made up of not less than 50% of total residents of the specific housing project who contract with a housing commission to manage that housing project for not less than 5 years with the intent to acquire legal ownership of the housing project under this act. See Michigan Laws 125.2722
- United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
(b) The applicant does not meet any of the following criteria:
(i) The applicant has been sentenced or imprisoned within the immediately preceding 1-year period for a felony conviction.
(ii) The applicant is currently on probation or parole for a felony conviction.
(iii) The applicant has been sentenced, imprisoned, on probation, or on parole in the immediately preceding 5-year period for a felony violation of section 7401, 7401a, 7402, 7410, or 7410a of the public health code, 1978 PA 368, MCL 333.7401, 333.7401a, 333.7402, 333.7410, and 333.7410a.
(iv) The applicant has been convicted of a violation or attempted violation of section 520b, 520c, 520d, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, and 750.520g.
(c) All school age children of the applicant who will reside in the multifamily public housing property attend school regularly. A child who has more than 10 unexcused absences per semester as determined by the local school or appropriate governing body is not considered to be attending school regularly.
(d) The applicant has income below the median for the state of Michigan as determined by the United States department of housing and urban development, for families with the same number of family members of the applicant.
(e) The applicant is drug free as determined by the resident organization.
(f) The applicant agrees to file an affidavit each year certifying that they meet the criteria described in this act, excluding subdivision (d).
(g) The applicant meets all other criteria as determined by the housing commission operating the program.
(2) The housing commission may require substance abuse testing of an applicant as a condition of entering into a homestead agreement. If the applicant tests positive for substance abuse, then that individual shall enter into a substance abuse treatment program, as determined by the housing commission. The continuing substance abuse treatment and successful completion shall be part of the homestead agreement. The housing commission may contract with and seek assistance from the local governmental unit, this state, the department of community health, or any other entity to implement this subsection.
(3) An applicant who has 1 or more school age children described in subsection (1)(c), shall provide verification of school attendance each semester.