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HOUSE BILL NO. 6103
A bill to prohibit excessive pricing for certain lodgings
during a declared state of emergency; to provide remedies and
penalties; and to provide for the powers and duties of certain
state and local governmental officers and entities.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act may be cited as the "hotel and lodging 1
pricing protection act". 2
Sec. 2. As used in this act: 3
June 17, 2026, Introduced by Reps. Pohutsky, Mentzer, Hoskins, Price, Martus and Scott and
referred to Committee on Regulatory Reform.
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(a) "Declaration of emergency" means a declaration of a state 1
of emergency. 2
(b) "Excessively increased price" means a price that 3
demonstrates an unjustified disparity between the average price at 4
which a specific lodging was advertised or offered for sale or rent 5
during the 30 days immediately before a declaration of emergency 6
and the price of lodging advertised, or offered for sale or rent, 7
at that specific lodging during or reasonably after a declaration 8
of emergency. As used in this subdivision, an unjustified disparity 9
is a disparity of more than 20% unless the person offering, 10
selling, or renting lodging can demonstrate that the increase in 11
price is attributable to an increase in the cost of the goods or 12
labor used in its business, an extraordinary discount in effect 13
before the declaration of emergency, a contracted price agreed to 14
before a declaration of emergency, or an adjustment in rates that 15
is regularly scheduled or consistent with season prices charged for 16
the lodging. 17
(c) "Lodging" means a building or structure kept, used, 18
maintained as, or held out to the public to be an inn, hotel, or 19
public lodging house. Lodging includes, but is not limited to, all 20
of the following: 21
(i) A full-service hotel, limited-service hotel, resort, 22
conference center, extended-stay hotel, vacation ownership, or 23
convention hotel offering permanent or temporary stays. 24
(ii) A bed and breakfast. 25
(iii) A space rented in a mobile home park or campground. 26
(iv) A short-term rental. As used in this subparagraph, "short-27
term rental" means the rental of a single-family dwelling, dwelling 28
units in a building housing 1 to 4 separate dwelling units, 29
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including, but not limited to, a duplex, triplex, or quadplex, or 1
any dwelling unit or group of units in a condominium projects, for 2
terms of not more than 30 consecutive days. Short-term rental does 3
not include the rental of a hotel, motel, hotel condominium, home, 4
or condominium unit that is located within a resort that offers 5
amenities such as golf, skiing, restaurant facility, or group 6
meeting accommodation where the resort manages the rental of such 7
dwelling units, or a bed and breakfast establishment. 8
(d) "Reasonably after" means 30 days after the expiration of 9
the declared state of emergency. 10
(e) "State of emergency" means a natural or man-made disaster 11
or emergency resulting from a tornado, earthquake, flood, fire, 12
riot, storm, act of war, threat of war, military action, or period 13
of instability following a terrorist attack, or a threat to the 14
public health, for which a state of emergency is declared by the 15
governor under the laws of this state. 16
Sec. 3. During or reasonably after a declaration of emergency, 17
a person engaged in the business of offering, selling, or renting 18
lodging shall not do any of the following in a county, city, or 19
township subject to the declared state of emergency: 20
(a) Charge an excessively increased price for lodging. 21
(b) Offer lodging for sale or rent at an excessively increased 22
price. 23
Sec. 4. (1) If the attorney general or a local prosecuting 24
attorney has reasonable cause to believe that an individual has 25
information or is in possession, custody, or control of any 26
document or other tangible object relevant to an investigation for 27
a violation of this act, the attorney general or prosecuting 28
attorney may serve on the individual a written demand to appear and 29
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be examined under oath, and to produce the documents or object for 1
inspection and copying. The demand must meet all of the following: 2
(a) Be served on the individual in the manner prescribed for 3
service of process under the law of this state. 4
(b) Describe the nature of the conduct constituting the 5
violation under investigation. 6
(c) Describe the document or object with sufficient 7
definiteness to permit it to be fairly identified. 8
(d) If requested, contain a copy of the written 9
interrogatories. 10
(e) Prescribe a reasonable time at which the individual must 11
appear to testify and within which the individual must answer the 12
written interrogatories and the document or object must be 13
produced. 14
(f) Advise the individual that objections to or reasons for 15
not complying with the demand may be filed with the attorney 16
general or prosecuting attorney on or before the time described in 17
subdivision (e). 18
(g) Specify a place for the taking of testimony, or for 19
production, and designate the individual who is to be the custodian 20
of the document or object. 21
(h) Contain a copy of the language provided in subsection (2) 22
with appropriate citation. 23
(2) If an individual fails to comply with the written demand 24
served under subsection (1), the attorney general or a local 25
prosecuting attorney may file an action to enforce the demand. 26
Notice of hearing and a copy of the pleadings and other relevant 27
papers must be served on the individual, who may appear in 28
opposition. If the court finds that the demand is proper, the court 29
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shall order the individual to comply with the demand, subject to 1
modification as the court may prescribe. On motion by the 2
individual and for good cause shown, the court may make any further 3
order in the proceedings that justice requires to protect the 4
individual from unreasonable burden or expense. 5
(3) An action filed under subsection (2) must be filed in the 6
circuit court of the county in which the individual resides or in 7
which the individual maintains a principal place of business within 8
this state, or in the circuit court for the county of Ingham. 9
(4) The fact that an investigative demand has been issued is 10
not confidential, but the testimony taken and material produced 11
during the investigation must be kept confidential unless an 12
enforcement action is brought against a person for violation of 13
this act. Once the action is filed, the investigative material may 14
be disclosed in the course of discovery, pursuant to a protective 15
order if the court considers appropriate, and in support of or 16
opposition to the claims and defenses raised in the action, but in 17
all other respects remains confidential. 18
Sec. 5. (1) The attorney general may bring a class action on 19
behalf of persons residing in or injured in this state for the 20
actual damages caused by conduct prohibited under section 3 to 21
recover actual damages or $100.00, whichever is greater. 22
(2) On motion of the attorney general and without bond in an 23
action brought under this section, the court may make an 24
appropriate order to do any of the following: 25
(a) Reimburse persons who have suffered damages. 26
(b) Carry out a transaction in accordance with the aggrieved 27
persons' reasonable expectations. 28
(c) Strike or limit the application of unconscionable clauses 29
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of contracts to avoid an unconscionable result. 1
(d) Grant other appropriate relief. 2
(3) The court after a hearing may appoint a receiver or order 3
sequestration of the defendant's assets if it appears to the 4
satisfaction of the court that the defendant threatens or is about 5
to remove, conceal, or dispose of the defendant's assets to the 6
detriment of members of the class. 7
(4) If at any stage of the proceedings under this section the 8
court requires that notice be sent to the class, the attorney 9
general may petition the court to require the defendant to bear the 10
cost of the notice. In determining whether to impose the cost on 11
the defendant, the court shall consider the probability that the 12
attorney general will succeed on the merits of the action. 13
(5) If the defendant shows by a preponderance of the evidence 14
that a violation of this act resulted from a bona fide error 15
notwithstanding the maintenance of procedures reasonably adopted to 16
avoid the error, the amount of recovery must be limited to actual 17
damages. 18
(6) The attorney general shall not bring an action under this 19
section more than 4 years after the occurrence of the method, act, 20
or practice that is the subject of the action and not more than 1 21
year after the last payment in a transaction involving the method, 22
act, or practice that is the subject of the action, whichever 23
period of time ends on a later date. 24
Sec. 6. (1) The attorney general may bring an action for 25
appropriate injunctive or other equitable relief and civil 26
penalties in the name of the people of this state for a violation 27
of this act. The court may impose a civil fine for each violation 28
of this act. For an individual, the civil fine must not be more 29
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than $10,000.00 per violation. For a person other than an 1
individual, the civil fine must not be more than $500,000.00 per 2
violation. 3
(2) This state, a political subdivision, or a public agency 4
injured directly or indirectly by a violation of this act may bring 5
an action for appropriate injunctive or other equitable relief, 6
actual damages sustained by reason of a violation of this act and, 7
as determined by the court, interest on those damages from the date 8
of the complaint, and taxable costs. If the trier of fact finds 9
that the violation is flagrant, it may increase recovery to an 10
amount not to exceed 3 times the actual damages sustained by reason 11
of the violation. 12
Sec. 7. A person that violates section 3 with the intent to 13
accomplish a result prohibited by this act is guilty of a 14
misdemeanor punishable by imprisonment for not more than 1 year or 15
a fine of not more than $10,000.00, or both, if an individual, or a 16
fine of not more than $500,000.00 if a person other than an 17
individual. 18
Sec. 8. The remedies provided in this act are cumulative. 19
Sec. 9. If a witness has been or may be called to testify or 20
provide other information at a proceeding under or related to this 21
act, the circuit court for the county in which the proceeding is or 22
may be held may issue, on application of the attorney general, 23
asserting that in the attorney general's judgment the testimony or 24
other information may be necessary to the public interest and that 25
the witness has refused or is likely to refuse to testify, an order 26
requiring the witness to give testimony or provide other 27
information that the witness refuses to give or provide on the 28
basis of the privilege against self-incrimination, if the court 29
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Final Page
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provides in its order that the witness shall not be prosecuted or 1
subjected to any penalty or forfeiture for, or on account of, any 2
transaction, occurrence, matter, or thing to which the witness 3
testifies or provides other information or evidence, documentary or 4
otherwise, and that the testimony, information, or evidence must 5
not be used against the witness in any criminal investigation, 6
proceeding, or trial, except a prosecution for perjury for giving a 7
false statement or for otherwise failing to comply with the order. 8
Sec. 10. This act does not exempt, limit, or impair the 9
attorney general's ability to investigate, determine, or impose 10
liability under the Michigan consumer protection act, 1976 PA 331, 11
MCL 445.901 to 445.922, or any other law of this state. 12
Sec. 11. This act does not prohibit an owner from evicting a 13
tenant for a lawful reason. 14
Enacting section 1. This act does not take effect unless all 15
of the following bills of the 103rd Legislature are enacted into 16
law: 17
(a) Senate Bill No. 1042 or House Bill No. 6102 (request no. 18
H00808'25). 19
(b) Senate Bill No. 1043 or House Bill No. 6104 (request no. 20
H00809'25). 21