CUYAHOGA COUNTY, Ohio — News 5 is following through on a story we told you about last week.
It deals with pay-to-stay protections that Cuyahoga County Councilman Dale Miller wants to extend countywide, but there are questions about how it could work.
“Housing is something every human should be having,” said local renter, Tim Trobenter.
The fight to protect Cuyahoga County renters from being evicted is now at a standstill.
“The county's law department issued a legal opinion that that this legislation is preempted by state law and that that we may not be able to proceed,” said Miller, who represents District 2.
Miller said it’s in reference to House Bill 430.
The law prevents counties, townships or municipal corporations from controlling rights and obligations like rent control and rent stabilization between tenants and landlords.
RELATED: Cleveland passes 'Pay to Stay' ordinance to protect renters from eviction
Miller said council members aren’t sure how state rules would apply to his proposed legislation yet, because he says there are other legal opinions that say Pay-to-Stay protections like the ones he's proposing are within local control.
“We just need more time to sort out the legal situation and to determine whether we have a path forward,” said Miller.
Pay-to-Stay protections are currently in place in eight municipalities:
- Cleveland
- Cleveland Heights
- Euclid
- South Euclid
- Lakewood
- Maple Heights
- Newburg Heights
- Warrensville Heights
The Legal Aid Society of Cleveland says they haven’t seen any challenges to those existing ordinances.
“Pay-to-Stay does not change the terms of the lease between the landlord and tenant and Pay-to-Stay helps both parties. The landlord walks away with their rent, late fees and court costs being paid for by the tenant, and the tenant gets to stay in their home,” said LASC Supervising Attorney, Elizabeth Zak.
Zak said that society isn’t commenting on the legality of what’s going on in Cuyahoga County.
However, she and renters like Phillip Pettigrew are hopeful things will work out to help keep families in their homes.
“You never know what someone is going through. You never know if they have to bounce back,” said Pettigrew.
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