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