2021 Hot Topics

Michigan Landlords and Tenants May Be Facing Big Changes

The State Court Administrative Office has proposed new rules that would affect eviction cases. The proposal includes an option for online pretrial hearings in eviction cases, a tenant requirement to give landlords 48-hour notice if a jury trial is desired, a requirement that tenants be served in person if the landlord wants an immediate default judgement, the creation of a minimum 7-day window between pretrial hearings and trials, and the ability for tenants to get an automatic stay if they’ve applied for rental aid. The aim is to allow more time for commercial and residential tenants to pay what is owed when they fall short. In some cases, this will lengthen the eviction process. The intent is to continue the advances that were made during the pandemic. The rule changes are in a public comment period until Tuesday.

Free Legal Services for Low-Income Tenants Delayed

A program to provide free lawyers to low-income Detroiters facing eviction is being delayed. The program was supposed to start October 1, according to the Detroit City Council ordinance that was enacted over the summer. Tenant advocates are voicing concerns over the delay, although legal services continue to be available through a statewide pandemic program. The ordinance offers legal representation in 36th District Court for tenants who are facing eviction and making below 200% of the federal poverty guidelines. The city is working to produce requests for proposals and is working its way through the American Rescue Plan compliance process. Funding for the program would last for over three years.

New Report Offers Insight into Detroit’s Rental Housing

Information on the number of rental properties in Detroit is limited and creates issues concerning improvements to housing conditions and reduction of lead exposure. Most landlords in Detroit own one or two properties, making up about 50% of the units in the city.  Of that number, only 2% have registered properties within the city’s formal rental system. The think tank, Detroit Future City, released an analysis on Wednesday that breaks down landlords into categories using the assessed value of the property, corporate ownership, blight violations, taxpayer’s location, property acquisitions and the number of units they own. Tenant advocates continue to raise concerns about evictions and unaffordable housing. The goal is to support landlords and enable them to become compliant with healthier housing conditions.

Detroiters Tangled Up In Title Transfers

Many Detroiters are dealing with “tangled titles.” They’re in living situations, like inherited homes, where home titles haven’t been transferred from deceased family members. Foreclosure prevention experts often come across title problems where heirs need more education on how to navigate the title transfer problems. Title issues prohibit people from gaining access to assistance programs that help with home repairs or back property taxes. When a home title doesn’t transfer within a family, it cripples families’ abilities to build generational wealth. Title issues occur when there isn’t a will or trust in place. Transferring ownership then has to occur through probate, and that process is out-of-reach for many who can’t afford a lawyer. The stakes grow higher when people are facing tax foreclosure. Michigan Legal Services, a nonprofit legal services organization, has helped over a thousand in Wayne County administer probate cases to transfer title to the heir occupying the home. The need for these services far outweighs the available legal resources.

Southfield Center Shopping Mall Struggles To Keep Afloat

The Southland Center shopping mall is struggling. According to New York City-based Trepp LLC, the shopping mall is underwater on its commercial mortgage-backed securities debt (CMBS).  The mall was appraised for $66.9 million in September after it went into special servicing. It owes $64.5 million on its 2012 $78.75 million Barclay’s loan. Rialto Capital Advisors LLC is the special servicer and can determine whether to foreclose on the loan or arrange an agreement or loan modification. Special servicers are appointed upon default of a loan.

Duggan-Targeted Riverfront Apartment In Foreclosure

The former River Plaza Apartments, a rundown apartment building between old Whittier Hotel and Owen Park, has fallen into foreclosure. The two-building property went into foreclosure with Columbia, Maryland-based Enterprise Community Loan Fund Inc. The property, one of 100 similar properties, was targeted by Mayor Mike Duggan to rid the city of blighted buildings. It’s unclear if the administration is still seeking demolition and there is no update on the plans. The foreclosure was scheduled at the end of December but was postponed multiple times; it finally took place in late August. The owner, Kathy Makino-Leipsitz, has until February 25, 2023 to redeem the properties.