DETROIT – The current ban on evictions will last until October 3.
Now two landlords are suing saying it is equivalent to the court taking private property. Legal challenges were expected here.
Landlords are testing the new moratorium they say is a violation of their rights and one even the president said might not hold up in court.
Inside the new filings one of Michigan’s first challenges to President Joe Biden’s extension of the eviction moratorium.
Read: Biden’s new evictions moratorium faces doubts on legality
According to the lawsuit, landlords JPA Holdings and Sandeep Gosal are suing the 36th District Court and its Chief Judge William McConico for upholding the moratorium which expires October 3 calling the ruling “government authorized invasion, occupation, or appropriation of the property owner’s property, contrary to their constitutional rights” saying they want “just compensation for the depravation of their property rights.”
Both landlords say they started eviction proceedings at separate houses in Detroit more than a year ago, but pandemic eviction prevention orders stopped them from evicting tenants. Then when the order expired last month the eviction process started again only to be stopped another time.
The lawsuit comes just a few days after the leaders of Michigan’s legislature called on Attorney General Dana Nessel to sue the Biden administration as the state is struggling to get hundreds of millions of dollars to struggling renters and landlords.
Local 4 News reached out to both chief judge McConic and attorneys for the landlords but did not get a response back.
This is not the first case to test the moratorium. A federal judge in Washington, DC upheld the ban which could be a sign for the future of this case here.
Read more: Biden’s new evictions moratorium faces legality doubts