Landlords must present evidence of lead-safe certification when filing eviction actions

March 15, 2022

Amicus Brief in support of Christopher Daniel

Shaker House, LLC vs. Christopher Daniel

The presence of lead in housing occupied by families presents a significant health and safety hazard to Cleveland’s children, which cannot be resolved solely by a reactive strategy. The City of Cleveland recognized this and enacted the leadsafe certification requirement as a significant, proactive step toward ameliorating that hazard. The Housing Court, as one of the few housing-focused entities in the City, recognized the importance of compliance with the lead-safe certification ordinance to the health and safety of Cleveland residents, and that landlords, pursuant to R.C. 5432.04, are required to comply with that ordinance. As a result, Housing Court enacted a local rule that requires landlords to present evidence of the required lead-safe certification when filing eviction actions. The Housing Court’s requirement is proper, enforceable and facilitates the expeditious disposition of cases. 

Read the full brief