Judges refusing to honor city law protecting against evictions, causing confusion in court - WKRC TV Cincinnati
CINCINNATI (WKRC) – Hamilton County judges and magistrates have declined to enforce a relatively new Cincinnati city law protecting some tenants against evictions.
That’s led advocates for low-income tenants looking to avoid evictions as well as Cincinnati city officials to push for clarification after those rulings.
Last fall, Cincinnati City Council passed its “pay to stay” ordinance unanimously with the support of both tenant and landlord advocates.
The new law allows tenants behind on their rent to stay in their homes if renters can pay any back rent, fees and utilities – or if they have a voucher from an accredited agency showing rental assistance from the stimulus is on the way.
Yet since the law went into effect in December, at least two Hamilton County magistrates said they would not be honoring the law. Magistrates act as administrative judges and assistants to municipal judges.
In December, Magistrate Jon Groppe said the city law is unconstitutional because state law supersedes local ordinances on rental cases.
“We will not be upholding the city stay to pay ordinance," he said according to the transcript of the case.
Another magistrate made a similar ruling in February.
According to lawyers at the Cincinnati Legal Aid Society, an eviction in Mt. Washington against a tenant behind on just one month’s rent went forward.
She had secured rental assistance and could pay rent at three months in advance.
"The problem we're having right now is the court in Hamilton County is not enforcing this Cincinnati ordinance and because of that many tenants who have the rent money or who have a voucher from an agency are being evicted when their cases should be dismissed," Legal Aid managing attorney Nick DiNardo said. "We don't understand why the courts are refusing to enforce this in what comes to be a very common-sense ordinance."
The Eviction Lab from Princeton University reports eviction filings in Hamilton County rose 23 percent through mid-March as compared to the region's average.
The Lab also reports March's numbers are now exceeding levels from before the pandemic.
Local 12 wanted to talk with either magistrate or their supervising judges, but none responded Tuesday.
The court's assistant administrator Andy Gillen declined interviews.
Municipal Court Judge Brad Greenberg wrote judges could use the pay to stay to stave off evictions but said it could be on a case by case basis.
Councilman Greg Landsman sponsored the initial law and he's frustrated it's not being upheld automatically.
"And there was never any public discussion which is really problematic,” Landsman said.
source: https://local12.com/news/local/judges-refusing-to-honor-city-law-protecting-against-evictions-causing-confusion-in-court-cincinnati-city-council-pay-to-stay-landlords-tenants-renting-legal-aid-local-12-wkrc-tristate-ohio-kentucky-indiana-news
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