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2008 AFBF Policy Book

2008 Policy Book

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#52 EMPLOYER PROVIDED HOUSING

State law does not address the relationship existing between an employer and an employee living in housing facilities provided rent-free by the employer. There are no guidelines defining rights, responsibilities or procedures to be observed when the occupant is no longer an employee.

We will seek and support legislation that addresses not more than a seven-day eviction process for employer provided housing. We support the Michigan Supreme Court decision, (DeBruyn vs. Romero #98727) which defines the rights and procedures to be observed when the occupant is no longer an employee.

We encourage agricultural employers to renovate or demolish their abandoned housing.

The Agricultural Labor Housing Inspection Program is important to agricultural employers. More than one-half of the inspection personnel have been lost due to early retirement. We strongly support filling these inspection positions and urge the State of Michigan to provide a method of training inspectors who will ensure uniform enforcement of labor housing regulations. State approved and inspected employee housing is a common facet of agriculture and should not be infringed on by the spreading of suburbs. We request township zoning boards allow the existence of employer provided housing. This housing should include single or double wide mobile homes, as well as stick built homes.

The state Construction Grant Program was created to assist farmers in construction/renovation of farm labor housing. We will continue to seek higher appropriations for this program, as well as other sources of funding and support. All funds that become available for migrant housing should only be directed to applicants of the Construction Grant Program. We support the revision of the Construction Grant Program to make fund allocations based on the number of licensed housing units. We will oppose any changes in the construction grant laws that reduce the eligibility, application and distribution process. This program has the support of all affected parties (i.e., employees, employers, labor, migrant advocates and government regulating agencies).

The federally funded 514 program, administered through the Rural Development Agency, allows producers to build farm labor housing with low interest loans for domestic farm workers. We recommend the State Director of Rural Development allow foreign farm workers with a visa to occupy this housing as allowed under Section 154, E.1 of the 514 program contract.

Overlapping of administrative oversight and inspection of migrant housing requirements presents a fragmented format of migrant housing rules. Michigan Farm Bureau requests the Michigan Department of Agriculture (MDA) be the sole vendor of migrant housing law enforcement. We encourage MDA to publish and provide a publication explaining the complete licensing procedure for licensing migrant housing. The U.S. Department of Labor will recognize a current license issued by the MDA as proof the labor camp is acceptable for habitation. Federal and other state agencies should be in audit positions only.

We will work with the MDA to establish Generally Accepted Agricultural and Management Practices for agricultural labor housing.