Category Archives: Joe Wloszek

Are the CDC’s Restrictions on Halting Residential Evictions in Michigan Constitutional?

In Michigan, residential evictions are normally handled at the local District Court pursuant to Michigan’s Summary Proceedings to Recover Possession of Premises, MCL 600.5701, et seq. However, on September 1, 2020, the Department of Health and Human Services Centers for Disease Control and Prevention (the “CDC”) issued an order (the “Order“) temporarily halting some, but not all, residential evictions throughout the country, including Michigan, to prevent the further spread of COVID-19. The Order is presently in effect through December 31, 2020, but may be extended or modified in the future. The CDC’s Order upended the normal residential eviction process and thrown interpretation of the Order to the Michigan Supreme Court Administrator’s Office (“SCAO”) and the local District Courts throughout the State of Michigan.

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