Detroit Tenants Challenge Court to Enforce Rental Compliance Before Eviction Judgments
Detroit Tenants Union and its attorneys sent a demand letter to 36th District Court Chief Judge William McConico on June 11, asking the court to verify landlords hold valid certificates of compliance before entering eviction judgments. Only 14 percent of Detroit rental properties hold a certificate of compliance, according to city officials, up from 10 percent in 2024. Detroit’s rental ordinance prohibits landlords from collecting rent during periods when they lack a certificate of compliance, which requires meeting minimum habitability standards. Attorneys argue the court collects the certificate during filing but does not enforce its absence at the judgment stage, instead treating it as a defense tenants must raise themselves.
The tenants’ lawyers want McConico to issue an administrative order requiring review of certificates before judgments for possession or rent, update court forms to reflect the requirement, and include an advisory about the ordinance at first hearings. They propose resolving the matter administratively, without litigation, but plan to file a complaint in Wayne County Circuit Court asking the higher court to compel compliance. Fourteen nonprofit and legal aid groups signed the letter, including United Community Housing Coalition, Lakeshore Legal Aid, and Michigan Legal Services. Donovan McCarty, director of Michigan State University College of Law’s Housing Justice Clinic, called the issue a public health and safety matter.
Chief Judge McConico told Detroit City Council in March that the court cannot reject eviction filings without a certificate of compliance per state opinion, and must proceed to a judge. He said the ordinance applies at the hearing stage, where tenants must raise the certificate issue as a defense. Cases are dismissed for lacking a certificate, he said, but it happens infrequently because tenants typically argue habitability issues like broken furnaces or lead remediation instead. Melanie Barbaza, executive assistant to the chief judge, said the court received the letter on June 11 and required time to review before responding.
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