Eviction, Rent, And Utility Payment Help
Who is eligible?
- Household income is below 80% area median income (AMI)
For Example: Detroit household of 1 person earning under $44,000 or household of 4 persons earning under $62,800 would qualify
- Have experienced an eligible COVID19 hardship since March 13, 2020
- Member of household qualified for unemployment
- Member of household has had at least a 10% reduction in income
- Member of household has incurred significant costs (over $500)
- Household can demonstrate risk of experiencing homelessness or housing instability evidenced by a past due utility or rent notice
Who can apply?
Renters with a court order summons, complaint, or judgment
Renters who are behind on rent and/or utilities and have a past due notice
- Landlords can apply directly (both the landlord/ owner and renter will need to complete the application)
Documents needed for assistance
- Tenant Documents Needed
- Completed CERA Tenant application
- Copy of past-due rent notice, a notice to quit, or a court-ordered summons, complaint or judgment
- Copy of state ID or passport for the tenant applicant (with proof of residency if the address does not match the unit)
- Most current copy of lease agreement in tenant's name (if a written lease was completed)
- Provide all proof of earned and unearned income for household members that live at the property and that are over the age of 18
- Household income/benefits (unemployment, SSI, etc.) for one month, OR
- Copy of submitted 2020 IRS form 1040 (first two pages) OR
- Food Assistance Program Notice of Case Action form (only applicable for households with 3 or less people)
- Copy of ALL utility statements the tenant is responsible for, if applicable
- Copy of Internet bill/statement, if applicable
- Landlord Documents Needed
- Completed CERA Landlord Application
- Copy of the lease (if a written lease was completed)
- Ledger showing tenant's payment history in 2020 and 2021
- Verification of court costs, if applicable
COVID-19 Emergency Rental Assistance (CERA) Rental Compliance Guidance
For rental areas covered through the CERA program:
- 100% OF CERA FUNDS WILL BE RELEASED if all CERA eligibility requirements are met and the property has one of the following:
- An active Certificate of Compliance (CoC), or
- Rental Registration and an accepted CoC CERA Exception, examples include:
- Housing Quality Standards (HQS) for Housing Choice Voucher accepting properties, or an active passing REAC score for publicly assisted housing; or
- Written acknowledgment by BSEED that the property is effectively in compliance, and the lack of CoC is due to factors unrelated to the conditions of the home; or
- Mutual agreement of the landlord and tenant that the condition of the home is of a high standard and that all parties wish to proceed without further intervention.
Please note, examples 2 and 3 under the accepted CoC CERA Exceptions require that the property must be: (a) registered as a rental property within the BSEED system and (b) has a current “passed” BSEED rental inspection.
- 80% OF THE FUNDS WILL BE DISBURSED TO THE LANDLORD, AND 20% WILL BE PAID INTO AN ESCROW ACCOUNT if:
there is no CoC or Accepted CoC CERA Exception, but the property is habitable (per MSHDA guidance relating to units with imminent threats to health and safety). The following outlines the process:
- A conditional dismissal or settlement agreement will be established to outline the plan for repairs to the home and/or CoC compliance within an agreed-upon timeline. The timeline for these repairs will be decided between the parties, the default timeline is 3 months.
- The landlord becomes eligible to receive the 20% held in escrow if they complete rental registration and do either of the following:
- Obtain a CoC or accepted CoC CERA Exception and provide proof of same; or
- Complete the repairs/improvements to the rental property for compliance-related repairs as outlined in the conditional dismissal or settlement agreement in an amount equal to or greater than the 20% escrowed amount. The landlord will provide documentation of repairs to tenant counsel or processor, including proof of payment/ receipts and a signed Affirmation of Repairs and Costs. Inspection costs may be included in repair costs.
Please note, the release of CERA funds does not exempt the landlord from meeting COC requirements under local ordinances.
- HEALTH AND SAFETY If there is no CoC or an accepted CoC CERA Exception, and the property is considered uninhabitable according to MSHDA rules, then the landlord is not eligible to receive over 50% of the CERA funds. The other 50% of funds will be placed in escrow until the habitability issue is corrected.
If upon resolving the habitability issue, the property does not have a CoC or an accepted CoC CERA Exception, 30% of the full payout will be released to the landlord, the remaining 20% will be held in escrow, and the 80/20 process will be initiated.
For future rental payments covered through the CERA program:
A rental unit will be eligible for CERA rental assistance if it meets any of the following requirements:
- Certificate of Compliance with City of Detroit
- Was subject to the “80/20” program for rental arrearages
- Passes a healthy and safety inspection such as:
- BSEED rental inspection for Certificate of Compliance standard
- “3rd party provider” rental inspection for Certificate of Compliance standard
- HQS (Housing Quality Standards) Inspection
- Official inspection of the CERA non-profit agency
Steps to Eviction
- The first step in an eviction process
The guidance below, ‘Steps to Eviction and Special Eviction Cases’ has been compiled by Detroit’s non-profit legal services partners. The City of Detroit takes no responsibility for its content, however, residents facing eviction may find it useful. If you are facing eviction, need legal or financial help regarding an eviction, please call:
Steps to Eviction and Special Eviction Cases. If you are a tenant, your landlord may not evict you unless the landlord follows the legal process outlined below. If your landlord tries to force you to move and threatens you, call 911. If you are locked out of your home or apartment, you should seek legal help immediately. In the first step in an eviction process, the landlord provides the tenant with a “Demand for Possession”, also sometimes called a “Notice to Quit” or “Eviction Notice”
- For nonpayment of rent, the notice provides at least 7 days to pay before court action
- For terminating the tenancy, the notice period is generally 1 month.
- If the landlord claims the tenant is causing a health hazard or damaging the property, the notice must provide for 7 days to correct the situation before a court case is filed.
- These notices are from the landlord and NOT the court.
- It is always a good idea to obtain help from an attorney at this notice stage if you disagree with the notice.
The next step in the process is for a Complaint to be filed in the Court which issues a Summons for the landlord and tenant to appear for a hearing.
- Cases are usually scheduled for 10 days from the date the Complaint is filed. With new limits on the number of cases that the court can hear every day, this may change.
- Usually, the tenant will only get 3 -7 days notice of the court date, which may decrease now with new postal service delays.
- The tenant should receive two copies of the complaint and summons: one through the mail and another by personal delivery or taped to the door (if two attempts at personal delivery fail).
- At this point, you should obtain an attorney if you do not already have one.
Next, the court will conduct the first hearing on the date listed on the summons
- Currently, all cases are being scheduled for virtual hearings at a precise time. You must be on time for your hearing the cases are scheduled 10-20 minutes apart.
- These “first hearings” are treated as pre-trials. This means no final decision will be made unless the parties reach a settlement or agreement. If they disagree, the case will be set for trial a week later. It is important to have an attorney at this first hearing.
- Your case number (which appears in the upper right-hand corner of the Complaint and the Summons) is important for checking in, contacting the court and your attorney.
- If you do not have an attorney for the first hearing, you should try to get one as soon as possible after the hearing, especially if you “settled” but need help meeting your agreement.
At court, you should raise your defenses or respond to the eviction.
If the case is for non-payment of rent, your defenses may include:
- Payment. If the landlord is asking for rent that includes amounts you already paid, the court can refuse to include those amounts in the judgment. You should have copies of receipts to prove the amounts paid.
- Repairs. If repairs that were the landlord’s responsibility were not made, the court could order the landlord to make the repairs and can reduce the rent that is owed. You should have proof of the repair problems and complaints about them made such as photos, letters, text messages or inspection reports. If there are repair problems, you should call the city of Detroit inspectors at (313) 224-2733.
- Repair and deduct. The judge can also deduct from the rent claimed by the landlord, the cost of any repairs that you made which were the landlord’s responsibility. Bring your receipts and estimates to show your payments were reasonable. Also, bring any notices (such as letters or text messages) showing that you informed the landlord of the problem, providing an opportunity to correct it before you made the repair.
- Constructive eviction. If the landlord turned off the utilities or failed to pay the bill that was the landlord’s responsibility, causing a shut-off, the court can consider this and reduce the rent as well.
- Excessive Late fees can be rejected by the court. Typically amounts over $35.00 dollars are worth raising.
Termination of tenancy
- If there is a written lease, the terms of the lease determine when the landlord can end it. This usually means that either the term of the lease has ended or that there has been some violation of the lease on the part of the tenant which permits the landlord to terminate the tenancy.
- If the written lease term has not ended or there is an oral monthly lease, and the main reason for the eviction is to retaliate against the tenant for exercising lawful rights such as complaining about repairs, the eviction may be illegal. If the complaint was to a government agency (such as the City of Detroit Building inspectors) and made within 90 days of when the landlord takes the first step to evict, the court must presume the eviction is retaliatory.
- If the tenant paid rent after getting the notice to terminate the tenancy the court can consider this and may find the notice has been canceled by the landlord’s acceptance of rent.
- If the landlord is evicting for discriminatory reasons base on race, ethnicity, gender, age, or disability, the eviction is illegal.
Health Hazard or injury to the premises
- In these types of cases, generally, the problem must be serious and continuing after the tenant has received a notice that the landlord intends to evict for these reasons.
- The problem must be caused by the tenant, a household member, or a guest of the tenant. It cannot be something that the landlord failed to repair.
- The landlord must give the tenant an opportunity to correct the situation. This may mean making a repair to whatever damage the tenant caused and stopping the continuing conduct that caused it. The tenant has 7 days to do this.
Judgments. This is the written decision of the court after the court hears the case. There are three types of judgments:
- By Default, which occurs when you do not show up on time for your court hearing. The default provides 10 days for you to do one of the following before you are evicted: move, or in a nonpayment case, pay the amount stated in the judgment, appeal or file a request for the court to set aside the judgment, explaining why you missed your hearing and what defenses you have to the case. You have 10 days to file the request and you may need to pay one month’s rent into court in order to have the court review your request.
- By Consent, which occurs when you reach an agreement with your landlord and put it in the judgment which is signed by both of you. If you are not represented by a lawyer, you will have 3 days to set aside consent, if you did not understand what they were signing or the rights they were giving up.
- After hearing, which happens when the court hears your case and makes a decision. In these cases, you have 10 days to ask the court to reconsider the decision, usually based on new information, or to appeal.
In the 36th District Court, the process is as follows
- The Application for an Order of Eviction is received and logged in the court’s computer system and public register of actions.
- A copy of the application is mailed to the tenant.
- The file is sent to the judge to review the application and sign an order of eviction or schedule a hearing. The time for each judge to take this action varies considerably.
- Once signed, the Order of Eviction is sent to the bailiff to implement.
- In order for the bailiff to evict, the landlord must have a dumpster delivered to the site for the tenant’s belongings or personal property. Once the dumpster is delivered to the property, the eviction typically occurs shortly thereafter.
Subsidized Housing – Sometimes referred to as “Section 8” (voucher or site-based) or “public housing.” All of these types of housing involve a continuing lease and various additional federal protections under the lease. The landlord must show that the tenant violated a provision of the lease. This housing, however, has other requirements of tenants that can become a problem.
Special Eviction Cases
Generally, the tenant must:
- Make sure that only the people listed on the lease reside in the home.
- Since the rent is based on household income, accurately report all income for all occupants and promptly report all increases or decreases in income so that the rent may be readjusted. Failure to accurately or timely report income changes can provide a basis for eviction. Income decreases can reduce rents.
- Annually recertify. This means reporting all income and providing documentation regarding all persons in the household.
- Mortgage Foreclosure – Tenants who are not related to the landlord should get a 90-day notice after the landlord’s redemption expires before an eviction court case is filed. Or, if they have a written lease for a term, they should be allowed to remain in the property until the lease ends. If the mortgage was insured by HUD, they may also have a right to remain in the property as a continuing tenant of HUD until the property is sold.
Cera Outreach Materials:
- CERA Flyers & Social Media Outreach Materials
- CERA Program Presentation and Outreach Support Request
Let us Help You Get Help
Call Detroit Eviction Helpline at:
Monday – Friday from 8AM until 6PM, Saturday 9AM - Noon, (Ask for a navigation appointment if you can't complete the application online)
Wayne Metro, P.O Box 32873, Detroit, MI 48232
At certain times call volume may be very high. We appreciate your patience and will assist residents as quickly as possible.
The City of Detroit is seeking applications from qualified attorneys willing to serve as Detroit Landlord-Tenant Legal Counsel (DLTLC), representing Detroit residents in eviction proceedings.
The Application to Serve as Detroit Landlord-Tenant Legal Counsel can be found at Application to Serve as Detroit Landlord-Tenant Legal Counsel.
PRIORITIZATION OF HOUSEHOLDS
The federal Emergency Rental Assistance (ERA) Program requires a prioritization of assistance for households with incomes less than 50% of area median income or households with one or more individuals that have not been employed for the 90-day period preceding the date of application. The City of Detroit is currently operating in alignment under MSHDA guidelines. MSHDA has implemented this prioritization by reserving 70% of CERA/ERA program funds for these households as well as allowing the full 15-months of assistance. Households that are not within this priority group are only eligible for 13-months of assistance.