The Metro: From demand letter to lawsuit — why the Detroit Tenant Union is suing a local court to protect renters

“A speakeasy cannot go into court and try to collect bar tabs. If you’re not licensed you cannot operate lawfully,” says tenant representative Donovan McCarty.

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Professor Donovan McCarty represents tenants. He says a local court is not enforcing the law, and adequately protecting tenants.

While Detroit law says a landlord cannot rent a home until it’s been deemed livable by city inspectors, 86% of Detroit’s landlords are operating illegally as they have failed to secure Certificates of Compliance for their properties.

Last week, the Detroit Tenants Union, with support from several legal groups in the city, filed a lawsuit, alleging the 36th District Court chief judge has “failed to perform a clear and legal duty” because the court’s rulings contradict city law, effectively leaving residents vulnerable rather than upholding the statutes protecting them.

Professor Donovan McCarty is the director of Michigan State University College of Law’s Housing Justice Clinic and counsel for the Detroit Tenants Union. He says the 36th District court is not using the law properly to protect renters.

“If landlords can keep going in to collect rent that’s not lawfully collected, then they have no incentive to actually come into compliance, and that 14% number will not grow to where we need it to be,” says McCarty.

He joined The Metro’s Robyn Vincent to discuss why he believes the court is falling short, and how it needs to be held accountable.  

The 36th District Court did not respond to The Metro’s request for comment.

Hear the full conversation using the media player above.

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Authors

  • Sam Corey is a producer for 101.9 WDET, which includes finding and preparing interesting stories for the daily news, arts and culture program, The Metro. Sam joined WDET after a year and a half at The Union, a small newspaper in California, and stints at a variety of local Michigan outlets, including WUOM and the Metro Times. He is a graduate of the University of Michigan and the University of Chicago.
  • The Metro
  • Owen Armentrout
    Owen Armentrout is a social media and copywriting intern, but he’s eager to write a story whenever the opportunity presents itself. He is currently a student at Wayne State University, studying journalism and film. His work has been featured in The Borgen Project as well as The South End. When he’s not editing articles or crafting ones of his own, he enjoys writing music, making short films, and snapping photos. Digital intern https://hh7003.wixsite.com/owenarmentrout