Legal Action
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While a large part of the advocacy work the HBA of Michigan does is at the Capitol in Lansing, the fight for attainable housing doesn't stop there. Your state association is engaged in legal battles across Michigan in an effort to fight against unlawful government action and overreach.
Code update - June 2025
2021 Residential Code Implementation Delayed Indefinitely
Your state association filed two lawsuits against the State of Michigan’s Licensing and Regulatory Affairs (LARA) Department on June 25th, seeking a halt to implementation of the 2021 residential codes. As I hope you know, we have been advocating for the adoption of the 2024 residential model code, which we strongly prefer over the 2021 codes that LARA was seeking to adopt and make effective next month.
During our initial meeting last week with the judge hearing our cases, we were informed that LARA agreed to pause implementation of the 2021 codes until our injunctive and declaratory relief claims are fully heard and conclusively decided.
We view this as a positive development. This means the August 29th implementation date for the 2021 residential codes, which you may have heard about from LARA or your local building official, has been delayed until further notice. In the meantime, the 2015 versions of the International Residential Code and the residential provisions of the 2015 International Energy Conservation Code incorporated in the Michigan residential code and residential energy code chapter remain in effect. I suspect a clarifying communication from LARA on this matter will be forthcoming.
To be clear, the court may still rule against us on our claims but, for now, we have a reprieve on the impending August 29th implementation date.
We are grateful that LARA has taken a pragmatic approach in the litigation, and we are hopeful that we can use the pause to mutual advantage by negotiating adoption and implementation of the 2024 residential model code. We will keep you informed as developments occur.