Wayne County judge dismisses Detroit Tenants Union lawsuit against 36th District Court over eviction certificates
A Wayne County judge dismissed a lawsuit Monday that accused the 36th District Court of allowing landlords to evict tenants and collect rent without proving their Detroit rental properties had a city-issued certificate of compliance.
Judge Paul J. Cusick of Wayne County Circuit Court granted the court's motion for summary disposition in the case brought by the Detroit Tenants Union in July. The union said judges should require landlords to produce a certificate showing their property was inspected and safe before permitting eviction or rent collection judgments. The 36th District Court argued that enforcing Detroit's rental ordinance belongs to the city, not the courts.
Chief Judge William McConico said in a statement that the ruling confirmed the court had been correctly applying the law.
"The Third Circuit found no issue of fact or law and dismissed the case on a motion for summary disposition," McConico said.
The dispute centered on Detroit's certificate of compliance, a document issued by the city's Buildings, Safety Engineering, and Environmental Department after a rental property is inspected and found safe to live in. The union's lawsuit said only 14% of rental properties in Detroit are compliant and argued that the district court could force landlords to show proof of certification during eviction proceedings.
The union asked the circuit court to order the 36th District Court to issue an administrative order barring eviction and rent collection judgments while a landlord lacks a valid certificate. It also asked the court to update public instructions and forms and to inform tenants at their first hearing about the city's rental ordinance.
The Detroit ordinance was amended in 2024 to strengthen protections for renters. The union and an unnamed tenant filed the suit against the court in July, saying judges had failed to uphold the city code.
In court filings, the 36th District Court said the lawsuit targeted the wrong branch of government. The filing said the suit was not directed at an enforcement agency or the legal arm of the executive branch and would not increase enforcement of local law.
The court also accused the union of seeking to relieve tenants of basic obligations, including paying rent, reporting problems, and appearing in court. Judges do not conduct inspections or issue tickets for properties that are out of compliance, the filing said.
McConico said the court understands the union brought the suit to increase compliance with Detroit's rental ordinances. He said that goal should be pursued through the executive branch, which has the authority and resources to inspect properties, issue certificates, and enforce housing rules.
Detroit Mayor Mary Sheffield announced a multi-point plan last month to bring thousands of properties up to code within a year and increase compliance with the city's rental ordinances.
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."
