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Pay to Stay Ordinances

By Kelli Moss posted 10-19-2022 09:42:22 AM

  

Pay to Stay Ordinances

A handful of municipalities throughout Ohio have enacted pay-to-stay ordinances. These policies gained steam during the pandemic as emergency rental assistance became available. In cities where the policy exists, tenants have access to this affirmative defense in eviction cases for non-payment only. Ordinances typically cap late fees charged and allow the tenant to pay any back rent owed up until the time of the eviction hearing. If the housing provider is made whole, the eviction case does not proceed.

Where are we now?
Advocates are still pushing this policy, despite concerns about its legality.

Newburgh Heights Village Council is considering an ordinance, 2022-55, that would repeal the previously passed “pay to stay” policy.

South Euclid City Council is taking steps to make the policy permanent after passing a temporary ordinance a year ago. The proposed ordinance does remove the cap on late fees.

Although Cleveland passed the policy in August, Housing Court Judge Mona’ Scot stated in an email to Council that she would not be enforcing the policy effective September 23, 2022, as it conflicts with state law.

ACAR has long shared concerns that the policy was in direct violation of the Landlord-Tenant section of the Ohio Revised Code. Moving forward, the future of pay-to-stay policies is unclear as conflicting opinions continue to emerge due in large part to the General Assembly preventing policies like rent control. Stay tuned.

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