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Ex. MET-CIN-021 Order Primary source read

Emergency Ordinance No. 0137-2021 ('Pay to Stay')

Prohibiting the initiation or ongoing prosecution of actions for forcible detainer and entry ('eviction') brought under Ohio Revised Code Chapter 1923 for so long as the State of Emergency declared by the Governor of the State of Ohio on March 9, 2020 exists, where the sole basis for filing such eviction action is the nonpayment of rent

Cincinnati City Council (Emergency Ordinance, B Version; Councilmember Landsman) · City of Cincinnati, Ohio (City)

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The record

Jurisdiction
City of Cincinnati, Ohio · Cincinnati · Ohio
Level
City
Authority
Charter Art. I (home rule) and Art. II sec. 6; Ohio Const. Art. XVIII sec. 3
Issued
2021-04-28 Apr. 28, 2021
Effective
2021-04-28 (effective immediately) (read as 2021-04-28)
End
when the Governor declares the Mar. 9, 2020 State of Emergency no longer exists (June 18, 2021; OH file to confirm)
In force
Apr. 28, 2021 (no end date recorded; counted as in force for 120 days)
Quarters
2021 Q2
Limitation types
Courts and public officesOther
Addressees
  • landlords of residential rental property in the City
  • Hamilton County Municipal Court eviction docket
Functions reached
  • PM property management (evictions)
  • SV servicing and collections
  • CT courts
Collection
Cincinnati MET-CIN

Operative words

Section 1.... a.... At any time prior to the filing of an action under Ohio Revised Code Chapter 1923 for nonpayment of rent by a landlord, a tenant shall have the right to pay the landlord all past due rent with reasonable late fees... If the tenant tenders all accrued rent and reasonable late fees, the landlord shall accept the tendered payment and allow the tenant to maintain the tenancy.... Section 2. That this Ordinance shall remain in effect until such time as the Governor for the State of Ohio declares the State of Emergency issued on March 9, 2020 no longer exists.

Enforcement

Affirmative defense in eviction actions; landlord must accept tender and dismiss

Notes

Recites the CDC moratorium and the Sixth Circuit's Tiger Lily decision; a local eviction limitation tied expressly to the State emergency.

Retrieval note

Passage Apr. 28, 2021 and enactment number from the Legistar record (matter 202101540).