By Melanie Deeds
Legal News
The first Eviction Diversion Program in Macomb County will be up and running at the 37th District Court in Warren next month, according to court officials.
The program was developed through collaborative efforts of the court, State Department of Human Services, Macomb County Community Services Agency and Legal Aid and Defender Association as
well as the Macomb Homeless Coalition and other church and charitable groups based in the county.
well as the Macomb Homeless Coalition and other church and charitable groups based in the county.
Elaine McGigor, interim director at Macomb Homeless Coalition, said creation of the program is a positive step and she’s optimistic it will help many people in the area.
McGigor said 2,900 persons are homeless or at risk of becoming homeless across Macomb County.
“The program is designed to prevent evictions by intervening before persons lose their home for non-payment of rent,” she said. “Many people are in trouble and need some help and this is a good step in giving them a helping hand,” McGigor said.
The program is a voluntary initiative aimed at helping landlords and tenants in resolving back rent situations without a credit-damaging court judgment.
Currently, similar programs are operating in Lansing, Kalamazoo and other jurisdictions.
District Judge Matthew Sabaugh, who will oversee the docket, said he believes the program will prevent homelessness in Macomb County.
“Solutions must be found to find the homeless population shelter and also to keep low income families who are at-risk in their homes,” the judge said.
Sabaugh said Warren and Center Line have a substantial number of rental homes occupied by low-income families and senior citizens.
Money for the program will come from a variety of sources, she said, including federal agencies, Michigan’s State Emergency Relief (SER) Program and community organizations and churches.
“Many cases end up in court when they could have been settled beforehand,” said Maura Corrigan, director of the Department of Human Services.
Corrigan said the program at the Warren court “shows how collaboration between the state, the courts and our many community partners can assist both landlord and tenant, as we work to keep families
in their homes and off the street.”
Sabaugh said the program should be well-received by area landlords as well as tenants.
“So many times in court I meet a landlord who doesn’t want to lose a good tenant who has fallen on hard times,” Sabaugh said. “This program allows them to recover the unpaid rent and keep a good tenant. It’s a win-win.”
The program only accepts rental properties located in Warren or Center Line that have been determined to be safe, decent and sanitary as well as in compliance with all local ordinances.
They also must be rented at a fair-market value, he said.
“We’re not rewarding any bad landlords,’ Sabaugh said. “If the living conditions in the home are deplorable, the case would absolutely not qualify.”
Legal representation for qualified tenants will be provided free of charge by attorneys from Legal Aid and Defender Association.
Under the program, landlords interested in preventing an eviction who file a summons for non-payment of rent in the 37th District Court will be provided with a referral form to Eviction Diversion, which
they will then serve upon their tenant.
There cannot be more than three months of unpaid rent and both parties must agree on the amount outstanding, according to the court.
Qualified tenants will then meet with specialists to determine eligibility. Once all the details are arranged, the case will be referred to the special docket before Sabaugh where the parties will sign an agreement to prevent entry of judgment and time to resolve final issues of payment.
The court and the other organizations involved in the program are working hard to spread the word.
“Macomb County has a significant homelessness problem,” said Sabaugh. “Solutions must be found to find the homeless population shelter and also to keep low income families who are at-risk in their homes.”
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