Legal Question in Landlord & Tenant Law in Michigan

My apartment manager is also the local housing commision paper pusher...she turns in the paperwork for prospective tenants with HUD in our area. She is insisting on doing a 'final' walkthrough prior to submitting my information for credit check and references (she is one of my references) to HUD.

Is this legal? Can she make it a stipulation of my application process to do an inspection of my current home or is it a case of conflict of interest?

I have verbally told her of any and all damage that may reduce my security deposit.... but I do not think, if she were a different landlord, that the current condition of my home would make any difference as to my application with HUD.

As a landlord reference the only thing she would normally be able to tell a prospective new landlord would be if there were any complaints from my neighbors and if I were ever late on my rent.


Asked on 12/01/09, 4:53 pm

1 Answer from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

You should refer to the state's housing website for information re: the duties of the tenants and landlords. MSDHA in conjunction with the landord are required to do an annual inspection of each unit in a complex where section 8 people reside - if that's what you're referring to. If nobody in the complex is section 8 and the landlord does not receive tax benefits, then section 8 requirements and laws do not apply, but the general state housing rules do apply. However, your question is a little unclear - it almost sounds like you are living elsewhere when you say "current home." If your current home/residence is within a section 8 building, then it sounds like your landlord is following the state's requirements. Check the state's MSHDA website for more information and telephone numbers if you need to call someone with a question. If you have lived there for more than 1 year, what happened the last time when it was your 1 year anniversary? After reviewing the rules online, contact MSHDA with any further questions about your particular situation. Even if you aren't section 8, but others in the building are and your landlord is section 8 approved, an annual inspection may still be required.

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Answered on 12/06/09, 5:25 pm


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