STATE OF MICHIGAN
27TH DISTRICT COURT
2015 Biddle Ave, Wyandotte, MI 48192
Phone: (734) 324-4475 Fax: (734) 250-9312
Email address: email@example.com
|Elizabeth L. DiSanto||Stacie A. Nevalo|
|District Court Chief Judge||Court Administrator|
The following is a portion of the CARES Act as it relates to Landlord/Tenant matters:
The federal CARES Act (“Coronavirus Aid, Relief, and Economic Security Act,” Public Law No. 116-136) bars the filing of some judicial eviction cases. Section 4024 of the CARES Act (“TEMPORARY MORATORIUM ON EVICTION FILINGS”) prohibits filings of judicial eviction complaints for “nonpayment of rent or other fees or charges” for federally related tenancies.
Section 4024 of the CARES Act includes, “the lessor of a covered dwelling may not” file (or cause to be filed) “a legal action to recover possession of the covered dwelling from the tenant for nonpayment of rent or other fees or charges” until July 25, 2020 (120 days after enactment of CARES). Sec 4024(b)(1). A “covered dwelling” is a rental unit occupied by a tenant in a “covered property.” Sec 4024(a)(1).
A “covered property” is broadly defined, and includes any property that “participates” in a federally “covered housing program,” as defined by 34 USC 12491(a)(part of the Violence Against Women Act), or that has a “federally backed” mortgage. Sec 4024(a)(2). The list of federally “covered housing program[s]” is extensive, and includes all HUD and USDA Rural Housing low-income rental housing assistance programs, and the Low Income Housing Tax Credit program. These include the HUD Section 8, Public Housing, and Continuum of Care (homeless assistance) programs, among many others. Similarly, the scope of “federally backed” mortgages is very broad, and encompasses any federally connected residential mortgage.
If you have questions, you should contact an attorney or review the CARES Act.
Please be advised that staff at the 27th District Court is prohibited from giving legal advice even in these extraordinary circumstances. As such, if you are representing yourself, it is strongly encouraged for you to seek legal advice.