On August 26th, 2021, the US Supreme Court struck down the CDC’s nationwide moratorium on evictions.
THE FEDERAL MORATORIUM HAS ENDED BUT A NEW COURT RULE IN DETROIT – IF ACTUALLY IMPLEMENTED – MAY STOP TENANTS FROM BEING FORCIBLY REMOVED FROM THEIR HOMES
On August 4th, 2021, Detroit’s 36th District Court issued a notice stating that landlords must have their properties up to code to file for an Order of Eviction against tenants.
This new rule means that if your landlord files an eviction case against you in the 36th District Court, they must provide proof that their property has a Certificate of Compliance (COC) from the City of Detroit in order to file an Order of Eviction against you.
- A Certificate of Compliance is a document certifying that the property is registered with the City of Detroit and meets health and safety rental code requirements. It is estimated that less than 5% of Detroit rental properties have a Certificate of Compliance. Since so few rental properties in Detroit are up to code, this new rule can prevent most evictions – but only if the court follows its own rules.
- The Order of Eviction is the last stage of the eviction process – occurring after an eviction “filing” and “judgement” – that authorizes a court officer (bailiff) to remove you and your belongings from the rental property. Note that this court rule continues to allow eviction cases to be filed and judged against tenants, but may stop tenants from being forcibly removed from their homes.
Without the federal moratorium, holding the 36th District Court accountable and asserting your rights as a tenant is more critical than ever.
IF YOU ARE FACING EVICTION:
Call (866) 313-2520 or visit DetroitEvictionHelp.com to apply for rental assistance and access free legal counsel.
WHAT TENANTS NEED TO KNOW ABOUT THE EVICTION PROCESS:
- Landlords do not have the legal authority to evict tenants – only courts do. A “7-day notice” (“Demand for Possession”, “Notice to Quit”) is not an eviction order. Changing locks, turning off utilities, or other acts that prevent you from entering or using your rental property are illegal. Only a court officer (bailiff) may remove a tenant and their personal belongings from a rental property. A legal eviction requires a court order issued by a judge.
- Tenants have the right to a court hearing before being evicted, and the power to challenge eviction. Pay attention to and respond to any notices you receive from the court and attend any hearings that are scheduled. Hearing can take place in person, remotely (online), or by phone. Attending court hearings gives tenants the chance to avoid or delay eviction. Many eviction cases are won by landlords simply because tenants do not attend their court hearing.
- Rental assistance and free legal aid is available. Michigan’s COVID Emergency Rental Assistance (CERA) program can cover up 12 months of past-due rent for tenants who have experienced unemployment, income loss, or other financial hardship due directly or indirectly to the pandemic. You have the right to seek legal counsel, and having a lawyer can increase your chances of preventing eviction.
- Landlords must have their properties up to code in order to file an Order of Eviction against tenants. On August 4th, 2021, Detroit’s 36th District Court issued a notice stating that landlords must have a Certification of Compliance (a document certifying code compliance) for their rental property in order for them to file an Order of Eviction with the court (a legal document authorizing removal of the tenant by a court officer). Less than 5% of Detroit properties are code compliant. Find out if your landlord has a Certificate of Compliance for your rental property here.