COVID-19 Information for Michigan
The purpose of this page is to provide apartment industry professionals with an overview of the issues affecting our industry with regard to the COVID-19 pandemic. The page is intended for informational purposes only and does not constitute, and should not be construed as, legal advice. This resource is not intended to provide a mandatory standard of care for the industry.
State and Local Affiliates
Please remember to use your state or local apartment association as the primary resource for the most up-to-date information on your responsibilities. Find your local affiliate.
State Legal and Regulatory Information
We highly suggest you contact a local attorney before you decide to initiate an eviction action against a resident in the current environment as overlaying federal, state and county laws or restrictions on the judicial process may apply. This includes: issuing a notice to vacate, initiating any eviction-related action, or assessing fees or penalties on residents for nonpayment of rent or other lease violations. In addition to the below, you can access NAA's statutory information on late fees, eviction laws and other policy issues.
Michigan is currently under Phase 4 of the state’s reopening plans. Under Phase 4, most businesses are open and operating under social distancing and health guidelines.
Face Mask Mandate
Governor Whitmer signed Executive Order 2020-145 which requires face coverings in shared spaces, in workplaces, and in public spaces.
State of Emergency
Governor Gretchen Whitemer declared a state of emergency on March 10, 2020.
Status: Eviction Cases Can Resume
- Actions: Addresses frequently asked questions related to the Center for Disease Control’s Eviction Moratorium Order.
- Additional Commentary: The answers provided to questions number four and five in the memorandum address the declaration and the restrictions of the order. Most importantly, residents are required to provide the declaration to housing providers and not the other way around, and prohibition on any action against covered persons to remove or cause their removal is up to judicial interpretation.
- “A4: The order states, “To invoke the CDC’s order these persons must provide an executed copy of the Declaration form (or a similar declaration under penalty of perjury) to their landlord, owner of the residential property where they live, or other person who has a right to have them evicted or removed from where they live.” Michigan Legal Help is creating a sample declaration document and will make it available on their website as soon as it is completed.”
- “A5: The order defines “evict” and “eviction” as “any action by a landlord, owner of a residential property, or other person with a legal right to pursue eviction or a possessory action, to remove or cause the removal of a covered person from a residential property.” The language in the order — “any action . . . to remove or cause the removal of” — is a matter of judicial interpretation.”
Executive Order No. 2020-134 (Expired)
- Extends eviction restrictions through July 15, 2020.
- The moratorium was replaced by an Eviction Diversion Program (i.e. rental assistance) established by MI SB 690.
- Action: Placed a moratorium on evictions until June 11, 2020. Statutory limits on the Michigan Supreme Court to adjourn any proceedings, toll any redemption periods or limitations periods, or extend any deadlines are extended until 30 days after the restrictions on eviction expire. Suspends the process and execution of eviction orders.
- Scope: Applies to all cases except those where a resident poses a substantial risk to another person or an imminent and severe risk to property.
- COVID-19 Related Impact Requirement: No.
- Residents Responsible for Rent: Yes.
Rental Assistance/Housing Provider Assistance
Governor Whitmer signed Executive Order 2020-134 extending the temporary suspension of evictions until July 15 and creating the Eviction Diversion Program, which outlines a process for renters to get fast rental assistance or establish a manageable payment plan to keep Michiganders in their homes. Rental assistance under the Eviction Diversion Program will be available beginning July 16.
The Eviction Diversion Program (EDP) is designed to keep Michigan residents who fell behind on their rent during COVID-19 in their homes. The program utilizes a special court process to get fast rental assistance for renters who have been impacted.
Rental assistance in the amount of $50 million is available in the form of lump sum payments to landlords in exchange for allowing tenants to remain in their homes, forgiving late fees and up to 10% of amount due.
No rent freeze is in effect at the state or local level. Local rent regulation is preempted by Michigan Code § 123.411.
Under Michigan Code § 445.903, it is unlawful, regardless of a declaration of emergency, to charge a consumer a price that is grossly in excess of the price at which similar property or services are sold. Rental housing and housing facilities are not expressly identified in this statute.
Local Legal and Regulatory Information
36th District Court Chief Judge William McConico issued an eviction moratorium effective immediately on March 16, 2020. On July 15, 2020, this order was extended through August 15, 2020 .
Rental Assistance/Housing Provider Assistance
Resources are available to assist Detroit residents facing eviction. The City of Detroit, in coordination with Southwest Counseling Solutions and the Homeless Action Network of Detroit (HAND), will provide eviction-prevention programs to Detroit tenants. These eviction defense programs are administered by City partners at United Community Housing Coalition (UCHC), MI Legal Services and Lakeshore Legal Aid.
If you or someone you know is facing eviction and has received a notice to quit or a court order summons, complaint or judgement, please access the eviction prevention program by calling the Eviction Prevention Hotline number (opens on July 16, 2020) or completing the online Eviction Prevention Intake Form provided below. After filling out the intake form, the City’s partners will set residents up with the service best suited for their situation. If eviction proceedings have begun, the priority will be legal defense services. The partners will also determine how much financial aid the residents may be eligible for. Renters will qualify based on their current household income and family size. Those who earn up to 100 percent of the area median income (AMI) are eligible. To learn more, please click visit the City of Detroit's page on eviction prevention resources.
The Lansing Housing Commission, which manages more than 800 public housing units in the city of Lansing, has instituted a moratorium on new evictions "indefinitely."