On September 4, 2020, we reported on the Centers for Disease Control and Prevention’s order halting evictions nationwide through December 31, 2020 for tenants who cannot pay rent based on COVID-19 related circumstances. An article interpreting that order and discussing how it might apply to common eviction, landlord, mortgage and land contract situations appears here. It remains accurate and timely, but does not address yesterday’s Michigan Supreme Court Order 2020-17.
Yesterday, October 22, 2020, the Michigan Supreme Court adopted the CDC order and effectively made it the law of the State of Michigan. It did so over the objection of Chief Justice Pro Tem David Viviano, who expressed a preference for ruling on the validity of the CDC order in a case brought by litigants, as opposed to adopting it administratively as the Supreme Court did. Justice Viviano also argued in dissent that the CDC order “has been challenged on a host of grounds and, I believe, rests on a shaky legal foundation.” Order 2020-17 can be found here.
A court form for landlord/plaintiffs and tenant/defendants to file (attesting that the case is not subject to the CDC order or attesting that it is) can be found here.
Please refer back to this article in the coming days for comprehensive updates and analysis. If you are a landlord confronting these issues, please contact your Fraser Trebilcock attorney.
Jared Roberts is a shareholder at Fraser Trebilcock who works in real estate litigation and transactions, among other areas of the law. Jared also “walks the walk” as a landlord and owner of residential rental properties and apartments in Downtown Lansing. He may be reached at firstname.lastname@example.org and (517) 482-0887.