Wayne County judge dismisses Detroit Tenants Union lawsuit against 36th District Court over eviction certificates

A Wayne County judge dismissed a lawsuit brought by the Detroit Tenants Union against the 36th District Court, rejecting the group's claim that judges must require landlords to hold a city-issued safety certificate before allowing evictions or rent collection.

Judge Paul J. Cusick of Wayne County Circuit Court granted the 36th District Court's motion for summary disposition on Monday, Sept. 21. The union filed suit in July, arguing that the court's judges failed to enforce a Detroit ordinance that requires landlords to obtain a certificate of compliance showing their property has been inspected and is safe to live in.

The union asked the circuit court to direct the 36th District Court to issue an administrative order barring eviction and rent collection judgments for periods when landlords lack a valid certificate. It also wanted the court to update public-facing instructions and forms and to inform tenants at their first hearing about what the city's rental ordinance requires.

The 36th District Court said in court filings that enforcing the ordinance is the responsibility of the city of Detroit, not the judiciary. The court said the lawsuit was not directed at an enforcement agency or the legal arm of the executive branch and that judges do not conduct inspections or issue tickets for properties that are not in compliance.

"The result of the lawsuit confirmed that the 36th District Court has been accurately interpreting and applying the law," Chief Judge William McConico said in a statement. "The Third Circuit found no issue of fact or law and dismissed the case on a motion for summary disposition."

McConico said the court understands the union brought the suit to increase certificates of compliance. He said Mayor Mary Sheffield has announced a multi-point plan to increase compliance with the city's rental ordinances and that the appropriate way to accomplish that goal is through the executive branch, which has the authority and resources to inspect properties, issue certificates of compliance, and enforce the city's housing ordinances.

The case turned on the fact that just 14% of rental properties in Detroit are compliant with the city's certificate requirements. The union argued that the 36th District Court could do something about that figure. The court said that is not its job.

The Detroit Tenants Union and an unnamed renter brought the suit. The group's director said at the time of filing that the case would protect renters.

Steve Rimmer of the Detroit Tenants Union said the group plans to appeal.

"We believe the court reached the wrong legal conclusion, but we also view this litigation as a success," Rimmer said in a statement. The work, he said, "is far from finished."

The city's rental ordinance was amended in 2024 to strengthen enforcement. In recent weeks, Sheffield announced a plan to bring thousands of properties up to code within a year.