While Detroit law says a landlord cannot rent a home until it’s been deemed livable by city inspectors, 86% of Detroit’s landlords are operating illegally as they have failed to secure Certificates of Compliance for their properties.

Last week, the Detroit Tenants Union, with support from several legal groups in the city, filed a lawsuit, alleging the 36th District Court chief judge has “failed to perform a clear and legal duty” because the court’s rulings contradict city law, effectively leaving residents vulnerable rather than upholding the statutes protecting them.

Professor Donovan McCarty is the director of Michigan State University College of Law’s Housing Justice Clinic and counsel for the Detroit Tenants Union. He says the 36^th District court is not using the law properly to protect renters.

“If landlords can keep going in to collect rent that’s not lawfully collected, then they have no incentive to actually come into compliance, and that 14% number will not grow to where we need it to be,” says McCarty.

He joined The Metro’s Robyn Vincent to discuss why he believes the court is falling short, and how it needs to be held accountable.  

The 36th District Court did not respond to The Metro’s request for comment.

Hear the full conversation using the media player above.

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For about three years, Detroit’s Right to Counsel program has given free legal representation to low-income tenants facing eviction. The share of tenants who walk in with a lawyer has gone from almost none to nearly all. Research credits the program with keeping families housed and saving the city money.

But this program is running low on money, and its future depends on the state, the federal government, or philanthropy to step in. What happens to tenants — and to the court itself — if it disappears? And how has it changed what justice actually looks like in that courtroom?

William McConico is the Chief Judge of Detroit’s 36th District Court. He spoke about why he’s hoping to keep the program with The Metro’s Robyn Vincent.

Hear the full conversation using the media player above.

Listen to The Metro weekdays from 10 a.m. to noon ET on 101.9 FM and stream on-demand.

Never miss an episode — subscribe to The Metro on Apple Podcasts, Spotify, YouTube, NPR, or wherever you get your podcasts.

More stories from The Metro