Michigan House Bill HB5237

Michigan 2023-2024 Regular Session

• Introduced: 10/25/23
• Refer: 10/25/23

Caption

Civil procedure: defenses; tenants right to counsel; provide for. Creates new act.

Impact

This legislation represents a significant shift in how courts handle eviction proceedings, particularly in providing support for low-income individuals who may otherwise lack the means to contest an eviction. The act defines 'covered individuals' and sets parameters for income eligibility, linking legal support to those whose household income is at or below 200% of the federal poverty level. This could potentially reduce the number of tenants wrongly evicted due to a lack of legal knowledge or resources, promoting fairer outcomes in housing matters.

Summary

House Bill 5237, known as the 'Eviction Legal Services Act', aims to provide legal services at public expense for individuals who are parties in civil actions related to eviction proceedings. The bill focuses on ensuring that tenants facing eviction, particularly those who are low-income, have access to legal representation during court proceedings. It mandates that each district court establish a program by October 1, 2024, to provide both brief legal assistance and full legal representation for income-eligible individuals involved in eviction cases.

Contention

While the bill has the potential to aid tenants significantly, there is room for contention regarding the funding and implementation of such programs. Critics might raise concerns about where the necessary funding will come from and whether sufficient resources will be available to effectively support legal representation for both tenants and landlords. Additionally, the requirement for courts to establish these programs could face bureaucratic delays or resistance, particularly if courts don't perceive eviction cases as a priority.