Wayne County Eviction Lawsuit Raises Questions About Tenant Protections Across the Region

For renters in Livonia and across Wayne County, an eviction can turn on a question they may not know to ask: Has the landlord proved the home was legally cleared for occupancy before seeking rent or possession?

The Detroit Tenants Union and an unnamed renter filed a lawsuit on July 2, 2026, in Wayne County Circuit Court against 36th District Court Chief Judge William McConico in his administrative capacity. The lawsuit alleges that judges allow landlords to evict tenants and collect rent from properties lacking Detroit's required Certificate of Compliance, a city-issued safety certification, citing eight specific properties where default eviction judgments were entered without valid certificates.

The suit asks the circuit court to order 36th District Court to bar eviction or rent-collection judgments when a landlord lacks a valid certificate and to inform tenants about these protections at initial hearings. The Detroit Tenants Union had sent a demand letter on June 11, 2026, to Chief Judge McConico urging the court to verify certificates before entering eviction judgments.

The case raises questions about whether Livonia and other Wayne County suburbs enforce similar rental safety standards in eviction proceedings — and whether gaps in local court practice leave renters vulnerable regionwide.

At the center of the case is a basic question: Who is responsible for enforcing rental safety rules before a family can lose its home?

Detroit city ordinance makes it unlawful for landlords to collect rent or obtain a nonpayment eviction judgment for any period when a rental property lacks a current Rental Registration and valid Certificate of Compliance. That certificate is issued only after a rental property passes a 15-point safety inspection verifying compliance with the city's Property Maintenance Code, covering plumbing, electrical systems, structural integrity, smoke detectors, carbon monoxide alarms, and habitability standards. Rental property inspections are required annually, but the certificate itself is valid for three years or up to five years if renewed before expiration.

Landlords filing eviction cases in 36th District Court must submit a Certificate of Compliance with the complaint, but the court does not routinely verify the certificate's validity for the specific rent period claimed. Under current practice, judges only consider whether a building has a certificate if the tenant raises it as a defense, placing the burden of proof on the renter.

"The ordinance says that it's unlawful to collect rent for a period of time during which a landlord does not have a certificate of compliance," said Donovan McCarty, director of Michigan State University College of Law's Housing Justice Clinic.

McCarty said, "The place where this is failing is the court."

Around 86% of Detroit landlords lack required safety certifications, leaving most renters without the protections envisioned by city law.

Donovan McCarty, director of Michigan State University College of Law's Housing Justice Clinic, said, "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."

Livonia and neighboring Wayne County communities have rental inspection requirements on paper. In Livonia, rental property owners must register their property, obtain a rental license, and secure a Certificate of Compliance before the dwelling can be legally occupied, as mandated by the city's Property Maintenance Code. Inspections are required annually, at change of tenants, or at change of ownership, whichever occurs first.

Westland requires all rental dwellings to be registered every three years and to pass a compliance inspection before a tenant can occupy the unit; rentals cannot be occupied without a valid Rental Dwelling Certificate of Compliance.

Canton Township requires all residential rental properties to hold a valid Residential Rental Certificate of Compliance, with inspections mandated every two years. The certificate expires 24 months after the initial inspection date, and mandatory inspections also occur upon transfer of ownership or if registration is missed.

Yet Livonia's eviction process mirrors the gap alleged in Detroit. The Livonia 16th District Court does not automatically verify a rental Certificate of Compliance before entering eviction judgments; unlike Detroit, Livonia's ordinance does not make it unlawful to collect rent without a certificate, and the court treats the certificate as a defense for tenants to raise rather than a mandatory prerequisite for landlords to prove. The gap means that tenants who do not know to raise the certification issue or who lack documentation may face eviction even when their landlord has not met legal inspection obligations — often on tight timelines before default judgments are entered and without legal representation.

Donovan McCarty, director of Michigan State University College of Law's Housing Justice Clinic, said, "Immediately, we want to see judges reviewing these files; we want to see judges asking landlords to present their certificates of compliance."

William McConico, Chief Judge of Detroit's 36th District Court, said, "The court values open dialogue and was unable to bring all parties together before litigation proceeded," while noting the court is reviewing the legal and procedural issues involved and has scheduled meetings with advocates.

In 2026, enforcement of Detroit's Certificate of Compliance rule is tightening, with landlords without a valid certificate facing 30-day adjournments, rent escrow orders, case delays, or dismissal if tenants raise the issue.

The Detroit lawsuit could prompt regional review of how district courts across Wayne County handle rental certification during eviction proceedings — particularly whether courts should shift from treating compliance as a tenant defense to requiring landlords to prove valid certifications before obtaining judgments.