Detroit Tenant Union calls for judges to review landlords' certificate of compliance before evictions
Thousands of Detroit eviction cases could be at the center of a growing legal dispute.
When Ryan received an eviction notice last year, he said he was already dealing with repair problems inside his rental unit.
"Losing my housing means everything. As a small business owner, I work out of the home. I lose my house, I lose my job," said Ryan. CBS News Detroit is only identifying Ryan by a pseudonym because he fears speaking out could put his housing at risk.
At the center of the dispute is Detroit's Certificate of Compliance ordinance. The certificate is issued by the city after a rental property passes required inspections.
Attorneys working with the Detroit Tenants Union say landlords should have to show proof they're complying with the city's requirements before moving forward with certain eviction cases.
"Immediately, we want to see judges reviewing these files; we want to see judges asking landlords to present their certificates of compliance," said Donovan McCarty with the Michigan State University Housing Justice Clinic.
The Detroit Tenants Union says Ryan's concerns aren't unique. The group says many renters are afraid to speak up about the conditions inside their homes.
"The most common feeling that people feel is fear, fear of retaliation from the landlord, and so, you have people that just have to accept living in these horrible conditions," said organizer Sam Stroud.
Last week, attorneys and advocates sent a demand letter to Chief Judge William McConico arguing the court should require landlords to show proof of a valid certificate of compliance in eviction cases.
City officials say tenants who withhold rent generally need to establish an escrow account to receive certain legal protections under Michigan law.
The city also points to Detroit's Right to Counsel program as a resource for renters facing eviction.
In a statement to CBS News Detroit, McConico said the court recognizes the importance of certificate of compliance enforcement, is reviewing the legal and procedural issues involved, and has already met with advocates to discuss their concerns.
For tenants like Ryan, the outcome could determine whether renters have another tool to challenge housing conditions they say have gone unaddressed.
"If landlords can come in over and over again and evict people and get their rent affirmed by the court, then you actually can't have the change the city is seeking," said McCarty.
The court says it has scheduled another meeting with advocates later this week as it continues reviewing the issue.
