Friday, March 30, 2018

Court Partners with State Agencies on Local Eviction Prevention Program

By Tanya Todd, Clerk of the Court, 61st District Court, Grand Rapids


An eviction can have dire consequences for individuals and families, the most serious being the potential threat of homelessness.  It can mean uncertainty about the future, instability with employment or school, and an obstacle for future rental opportunities.  Stable housing not only provides a sense of security, it leads to success in other areas of life: maintaining employment, establishing permanency for children at home and in school, and creating a sense of community and self-worth. 


The city of Grand Rapids is committed to the issue of equal access to affordable housing and the benefits associated with individuals avoiding being displaced from their residence.  The city reached out and partnered with the Department of Health and Human Services (DHHS), the Salvation Army, and the 61st District Court.  All entities were immediately on board with the mission of preventing eviction and, through a lot of hard work, the Eviction Prevention Program (EPP) was created.  The city of Grand Rapids accepted generous grant awards totaling $300,000 to support this program:  the Steelcase Foundation and the Grand Rapids Community Foundation each committed $50,000 per year for a three-year period for staff dedicated to EPP.  The EPP team developed a plan of action modeling some of the procedures being used in similar programs at the 62B and 8th District Courts and launched in January 2018.  It has already provided more than $16,000 in assistance to approximately 17 households.

EPP is designed to help those who have steady income but who may have fallen on hard times such as decreased hours at work, medical care or injury, home or car repairs, caring for a sick family member or child, or any of the other curve balls that may come one’s way.  Currently, EPP days are scheduled twice a month with either the Honorable Jennifer L. Faber or the Honorable Michael J. Distel.  A Salvation Army and a DHHS staff member are on site during landlord-tenant hearings to prescreen individuals and determine eligibility for State Emergency Relief funds or any other available assistance.  

If it appears the tenant qualifies, then the parties meet to see if an agreement can be reached.  Participation in the program is voluntary; plaintiffs/landlords must agree to the terms.  If an agreement is made, then the parties enter a stipulated order of conditional dismissal.  The case is dismissed without prejudice on the record and the parties continue to work with Salvation Army and DHHS to achieve the target goal: prevent the tenant from being evicted and get the landlord their unpaid rent money.

If for some reason the tenant is unable to secure funds for the amount stated in the order, the plaintiff files an Affidavit of Default with the court and a money judgment and writ of eviction are simultaneously entered.  Both the Affidavit of Default and Conditional Dismissal forms are preprinted and available at the courthouse.

The program is still in its infancy, but the players are optimistic about its likelihood for success.  Some challenges include streamlining the check-in process, educating the parties and attorneys about the program, and prescreening tenants before their hearing date.  The team holds quarterly meetings and with each EPP docket the process continues to improve.  Eventually the program will be expanded to the entire bench on any landlord-tenant hearing date.  Successful outcomes facilitate payment for the landlord and stable housing for the tenant.  This is a winning combination that benefits the parties, their families, and the community.


Tanya Todd is a Michigan State University graduate with a bachelor’s degree in Political Science and a master’s degree in communication, and she holds a Juris Doctor degree from MSU College of Law.  She currently serves as clerk of the court at the 61st District Court and has held this position for more than four years.  Previously she worked as a supervisor at Kent County Friend of the Court.