Wayne County Judge Dismissed Detroit Eviction Lawsuit
A judge ruled the 36th District Court is not responsible for enforcing city building safety ordinances.
Updated on Sept. 23, 2026 in Apartments
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A Wayne County judge has dismissed a lawsuit brought by the Detroit Tenants Union against the 36th District Court regarding eviction procedures. The suit sought to bar the court from processing evictions for rental units that lack city-issued safety compliance.
Why it matters
The case centered on whether courts should mandate proof of property compliance before allowing evictions or rent collection. The ruling clarifies that the judiciary is not responsible for the enforcement of city building safety ordinances.
Only 14% of Detroit's estimated 85,000 rental units currently hold safety certification. Mayor Mary Sheffield has initiated a plan to raise this compliance rate to 25% within one year.
The players
Paul J. Cusick
He is the Wayne County judge who presided over the case and granted the motion for summary disposition.
Detroit Tenants Union
This is an advocacy group that filed the lawsuit seeking to restrict eviction processing for non-compliant properties.
36th District Court
This is the judicial body that was the defendant in the lawsuit regarding its eviction and rent judgment procedures.
Mary Sheffield
She is the Mayor of Detroit who is leading the initiative to improve citywide rental property compliance.
The details
Judge Paul J. Cusick granted the 36th District Court's request for summary disposition, concluding that enforcing city ordinances falls under the authority of the city executive branch. The Detroit Tenants Union, which filed the lawsuit alongside an unnamed renter, announced plans to appeal the decision.
Timeline
The Detroit Tenants Union filed the lawsuit in July 2026.
The city's rental ordinance was amended in 2024.
Mayor Sheffield announced a new property compliance strategy in August 2026.
Judge Paul J. Cusick dismissed the lawsuit on September 21, 2026.
Culture Shift
This dispute highlights the growing friction between municipal code enforcement goals and the judicial processing of housing-related legal disputes. The case follows the standards set by the 2024 rental ordinance amendment, reflecting a wider push to improve housing safety in urban areas.
Residents in rental units without current safety certifications will continue to face the existing court eviction process while the legal appeal moves forward. Tenants are encouraged to check their property's status or report safety concerns through official city channels.
The takeaway
The dismissal underscores that judicial courts primarily interpret law rather than enforce administrative building codes. Tenants should remain proactive in verifying their unit's safety status as the city works to increase overall property compliance.
Further reading
For additional context on local housing regulations, visit the Apartments section.
More information
To report building concerns or verify property status, visit the Detroit portal to report building issues.
Source note: This article includes information reported by Detroit Free Press.
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