Judge dismisses tenant union’s lawsuit against 36th District Court

September 23, 2026

A Wayne County judge dismissed a lawsuit filed by the Detroit Tenants Union against the 36th District Court regarding enforcement of rental property safety certifications during eviction proceedings. The tenants' group had argued that judges should require landlords to prove they possess city-issued certificates of compliance before allowing evictions or rent collection, particularly given that only 14% of Detroit rental properties currently meet this requirement. The district court successfully argued that enforcing the certification ordinance falls under the city's executive branch responsibilities, not the judiciary's role.

Who is affected

Detroit tenants, particularly those living in rental properties without certificates of compliance
Detroit landlords who rent properties (especially those operating without proper certification)
The 36th District Court and its judges
The Detroit Tenants Union and an unnamed renter who brought the lawsuit
Mayor Mary Sheffield's administration
The city's Buildings, Safety Engineering, and Environmental Department (BSEED)
An estimated 85,000 one- and two-family rental properties in Detroit

What action is being taken

The Detroit Tenants Union is planning to appeal the dismissal
Mayor Mary Sheffield is implementing a multi-point strategy to increase rental compliance from 14% to 25% within a year
The city is tracking illegal properties and sending out multiple notices before certificates expire
A new tenant reporting system is operating at www.detroitmi.gov/TenantSupport

Why it matters

This case highlights a critical gap in tenant protections in Detroit, where 86% of rental properties lack required safety certifications, potentially exposing thousands of residents to unsafe living conditions. The ruling clarifies that courts will not take responsibility for enforcing housing safety standards, placing the burden entirely on the city's executive branch to ensure landlord compliance. The outcome affects how rental disputes are adjudicated and whether tenants can use the absence of safety certifications as leverage against eviction or rent collection, ultimately determining the practical enforceability of tenant protection laws designed to ensure safe housing.

What's next

The Detroit Tenants Union will appeal the court's dismissal
The city aims to increase rental property compliance to 25% within one year through enhanced enforcement
BSEED and the law department must clarify how they will enforce the rent-collection prohibition if courts will not
City council may consider making the ordinance language clearer and stronger

Read full article from source: bridgedetroit.com