RPOA Action Update on Executive Order Regarding Evictions
The RPOA is in formal negotiations with the Michigan Governor’s office to address concerns and get more clarification on how to handle evictions under Executive Order No. 2020-19. The RPOA participated in a conference call yesterday with the Governor’s office and the following issues and recommendations were discussed. The RPOA has not yet received any formal response on any of the following but will alert members as soon as it does.
- The moratorium on evictions should be lifted as soon as possible. Landlords need to be able to move forward with the eviction process regardless of the reason to avoid delays in rental payments and to address other issues such as criminal activity, violations of the lease (other than non-payment) and holding over.
- In order for a tenant to claim a hardship under an eviction for non-payment of rent, the tenant must provide written documentation showing unemployment from the company or State of Michigan. Judges would determine if the hardship evidence is sufficient.
- Where a hardship is determined, the State of Michigan should provide landlords financial relief by compensating the landlord with funds in the amount of the uncollected rent from a fund established by the state funded either by the state or with federal funds or both. This relief should not be delayed.
- Landlords must continue to receive rental payments from all other tenants.
- There is a clear understanding that more than one month’s loss of rental payments could jeopardize real estate investments and trigger a real estate meltdown.
- The State Court Administrators Office (SCAO) should enact a statewide policy allowing the use of a summons with a written response requirement. This would eliminate the need for 80% of all eviction hearings.
- Investigate how Orders of Eviction should be handled in the case where the landlord prevails.