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News · Detroit region

Appeals Court: No eviction without city compliance certificate

A new ruling strengthens the Detroit Tenants Union's challenge to 36th District Court procedures.

By Rebecca Svoboda ·

Illustration for: Appeals Court: No eviction without city compliance certificate
Illustration generated for this article, not a news photograph.

The Michigan Court of Appeals issued a decision stating that landlords cannot evict tenants for unpaid rent when the property lacks a city-issued certificate of compliance. This legal standard directly impacts the Detroit Tenants Union's ongoing dispute with the 36th District Court.

The conflict began in July when the Tenants Union filed a suit against the court. The group alleged the court allowed landlords to collect rent from properties that failed to meet city code requirements. In September, a Wayne County judge dismissed the case. The judge ruled that verifying rental property conditions was not the court's responsibility.

Donovan McCarty, the attorney for the Tenants Union, said the new ruling undermines the legal arguments presented by 36th District Court officials. He noted that the decision provides a strong basis for reinstating the lawsuit. McCarty stated that the court made very clear that these certificates of compliance are incredibly important documents, things that landlords cannot operate without.

He added that the ruling in Skidmore v. Hayashi weakens the specific points the lower court used to oppose the superintendent control complaint. The same arguments supported the dismissal of the original filing. The legal team now argues that the higher court's interpretation changes the procedural landscape for these cases.

The union has already filed an appeal regarding the earlier dismissal. The new appeals court ruling is expected to be central to that review process. The case will now move forward with the updated legal framework regarding certificate of compliance requirements.

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