LEAD SAFE CLEVELAND
In an effort to promote lead-safe homes in our communities, Cleveland Housing Court has joined with the City of Cleveland to begin enforcement of the recently enacted lead safe law. Eviction complaints are now required to include at the time of filing, documentary evidence from the City's Department of Building and Housing verifying the Lead-Safe Certification status of all units built before January 1, 1978 unless otherwise exempt under Cleveland Codified Ordinance. Find the Affidavit of Lead Safe Certification Status HERE. Find the Lead Safe Certification Application HERE.
The Center for Disease Control and Prevention (CDC) executed a federal eviction moratorium Order effective Friday, September 4, 2020. Pursuant to the terms of the moratorium the Cleveland Housing Court intends to follow the CDC’S Order.
Tenants, you may be entitled to deliver a declaration to your landlord that, if supported, would stop you from being evicted until the end of the year 2020. Your right to this relief depends on several criteria, which are set forth in the declaration you would fill out.
Once you deliver the declaration to your landlord, your landlord can do one of two things: (1) allow this eviction action to be stayed; or (2) challenge your declaration by alleging that you fail to meet one or more of the criteria needed to support the declaration; the Court would have a hearing to consider the question of whether you meet the criteria. Because the criteria include ongoing issues, your landlord could decide at first not to challenge the declaration, but later decide to challenge it.
Click HERE for the REQUIRED Declaration form. Find the Spanish Declaration Form HERE. Click HERE for additional information.
CLEVELAND HOUSING COURT ZOOM PROCEEDINGS
Due to courtroom restrictions resulting from the COVID-19 pandemic, Cleveland Housing Court is providing access to court proceedings for public observation via Zoom. Anyone interested in sitting in on a virtual hearing should call (216) 664-4295. You will be asked to provide identifying information including your email. If there is a particular case you would like to observe, please let Cleveland Housing Court staff know. Click here for information on how to prepare for a Housing Court Zoom proceeding.
RIGHT TO COUNSEL
In October 2019, Cleveland City Council, under the leadership of Council President Kevin Kelley, proposed and unanimously passed legislation that established free legal counsel as a right for families living at or below the federal poverty level and facing eviction. Through unique public-private partnerships including the City of Cleveland, United Way and Legal Aid, the RTC-C was born.
Right to Counsel – Cleveland (RTC-C) gives eligible low-income Cleveland tenants free legal representation in eviction hearings in Cleveland Housing Court. To qualify, a tenant’s income must be at or below the federal poverty guideline, and the tenant must have at least one child in their household. Tenants who qualify for RTC-C will be assigned a lawyer to represent them in their eviction. The lawyer will appear in court with the tenant and present the tenant’s case. The RTC-C lawyer may also be able to negotiate an agreement with the landlord to resolve the case without a court hearing. The RTC-C lawyer also may help the tenant access rent assistance and other resources. Click here for more information on Right to Counsel: https://freeevictionhelp.org/
CLEVELAND HOUSING COURT ADMINISTRATIVE ORDER: CONTINUITY OF OPERATIONS TO MAXIMIZE SOCIAL DISTANCING DUE TO COVID-19 PANDEMIC AND CASE MANAGEMENT
June 4, 2020
Read Full Administrative Order Here
This Administrative Order supersedes and replaces all prior administrative orders addressing this issue and shall remain effective until further order of Housing Court.
PLEASE NOTE: The following Cleveland Housing Court form can now be completed and submitted online:
- NOT GUILTY PLEA IN MISDEMEANOR CASE WITH STATEMENT AND ACKNOWLEDGEMENT OF RIGHTS
Click here to download the Cleveland Housing Court FEDERAL EVICTION MORATORIUM AFFIDAVIT form.