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Ex. AGY-ST-UTILITIES-HOUSING-AG-051 Order Primary source read

Executive Order No. 2020-19

Temporary prohibition against entry to premises for the purpose of removing or excluding a tenant or mobile home owner from their home

Governor Gretchen Whitmer · Michigan (Governor; binding landlords, sheriffs and courts' process) (State)

The COVID Project

The record

Jurisdiction
Michigan (Governor; binding landlords, sheriffs and courts' process) · Michigan
Level
State
Authority
MCL 30.403(1)-(2); MCL 10.31(1)
Issued
2020-03-20 Mar. 20, 2020
Effective
2020-03-20 (4:09 p.m.; filed with the Secretary of State March 23, 2020) (read as 2020-03-20)
End
April 17, 2020 at 11:59 p.m. by its terms; court procedures thereafter under Michigan Supreme Court AO 2020-17 (MI-034) (read as 2020-09-30)
In force
Mar. 20, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitation types
Courts and public officesOther
Addressees
  • every person (landlords, property managers, vendors under executory contracts, mobile home park owners)
  • sheriffs, under-sheriffs, constables, deputies and other officers
  • courts (statutory limits on adjournment and tolling suspended)
Functions reached
  • PM property management (removals, exclusions and personal service of rent demands prohibited)
  • CL landlord-tenant process (sheriffs barred from serving forfeiture process; writs of restitution unenforceable)
  • CT courts (adjournment and tolling limits suspended)
  • CB rent collection
Collection
State utilities, housing and agriculture agencies AGY-ST-UTILITIES-HOUSING-AG

Operative words

1. Due to the protection that a residential home provides from the COVID-19 pandemic, and the need to contain self-quarantined and self-isolated individuals within a residential home, no person shall remove or exclude from leased residential premises or residential premises held under a forfeited executory contract a tenant, a vendee of a forfeited executory contract, or a person holding under a tenant or vendee, except when the tenant, vendee, or person holding under them poses a substantial risk to another person or an imminent and severe risk to property. This order should be broadly construed to effectuate that purpose. This section is effective immediately and continues until April 17, 2020 at 11:59 pm.... 3.... Effective immediately and continuing until April 17, 2020 at 11:59 pm, demand for payment may not be served by personal delivery. 4.... no person may enter residential property in order to remove or exclude from the premises a tenant... including pursuant to a writ authorizing restoration of a plaintiff to full, peaceful possession of premises under section 5744 of the RJA, MCL 600.5744... 5.... a sheriff, under-sheriff or constable, deputy, or other officer must not serve process requiring forfeiture of leased residential premises or residential premises held under a forfeited executory contract.... 7. Until thirty (30) days after the restrictions on eviction provided by sections 1 through 6 expire, any statutory limits on the court of this state to adjourn any proceedings, toll any redemption periods or limitations periods, or extend any deadlines are suspended.... 9. Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor.

Enforcement

MCL 10.33 and MCL 30.405(3): willful violation a misdemeanor

Notes

Adds the Michigan gubernatorial eviction instrument, which the Michigan State file does not carry (it carries the Supreme Court's AO 2020-17 and AO 2020-19). The order preserves the obligation to pay rent (para. 3).

Retrieval note

Scanned PDF; three pages read as images.