In McMillan v Douglas, an unpublished Michigan Court of Appeals opinion, the tenant sued the landlord to recover 39 months of rent paid when the landlord never obtained a rental permit as required by Battle Creek ordinance. The ordinance provides that "no rent shall be accepted, retained or recoverable” during the period a landlord does not have a valid permit. The landlord defended on the basis that the ordinance does not create a private cause of action. The trial court agreed, and the court of appeals affirmed.
Absent an express indication to the contrary, an ordinance imposing a duty on a property owner does not give rise to a private cause of action. After a careful examination of the ordinance, the court of appeals affirmed that the Battle Creek ordinance does not contain any provision from which a private cause of action could be inferred.