Michigan Supreme Court’s Interpretation of the CDC’s Eviction Moratorium

Michigan Supreme Court’s Interpretation of the CDC’s Eviction Moratorium

In our prior blog on September 3, 2020, we discussed the Centers for Disease Control’s (CDC) recent Moratorium Order. That blog contains a helpful link to preparing the CDC declaration letter.

The Michigan Supreme Court has now issued an administrative order (No. 2020-17) guiding Michigan courts in how to handle eviction cases where a CDC declaration letter has been served on the landlord, mortgage company or other housing provider. The order requires each housing provider to verify in the eviction complaint whether a CDC declaration letter has been received. The CDC declaration letter will not stop an eviction case from progressing through court and a judgment of possession may be obtained. The CDC declaration letter, however, will prevent a physical eviction from the housing unit until after December 31, 2020.

The complete and updated Michigan Supreme Court Administrative Order can be found at the following: https://courts.michigan.gov/Courts/MichiganSupremeCourt/rules/court-rules-admin-matters/Administrative%20Orders/2020-08_2020-10-22_FormattedOrder_AmendtAO2020-17.pdf

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