SLAVIK Management is a Property Management Company. We

From: Bree Slavik

To: ADMcomment

Cc: Bree Slavik

Subject: Comments on proposed amendments to Michigan Court Rule 4.201 – ADM File No. 2020-08

Date: Friday, October 21, 2022 12:10:41 PM

SLAVIK Management is a Property Management Company. We manage apartments in

Rochester, Rochester Hills, Troy and Ann Arbor. We own and manage a combination

of market rate rental communities.

Please accept these comments in opposition to the proposed amendments to Michigan Court

Rule 4.201 – ADM File No. 2020-08. Procedures utilized to address a once-in-a-hundred-

years pandemic should not be made permanent. COVID-19 was a unique situation and

required extraordinary measures. To make permanent the rules of justice designed to assist a

public health crisis is neither appropriate nor does it further fair and efficient administration of

justice.

Rule 4.201 (B)(3)(c): A required affirmation of compliance with local and state health and

safety laws in this rule conflicts with MCL 125.530.

Rule 4.201 (G)(4): Non-Payment of Rent cases rarely go to a jury trial, so the proposed

allowance for a defendant to wait until two days prior to the trial date to demand a jury trial

will only provide for unnecessary delaying tactics and place a significant administrative burden

on district courts.

Rule 4.201 (G)(5)(a) and (b): The proposal to require personal service of process before a

default judgement can be entered will further delay the court process. When you consider a

defendant has already been provided with a written notice from the property owner, and the

court has mailed the defendant a notice to appear, this proposal is completely unnecessary

and does not advance the goal of ensuring the parties proper review of their claims.

Rule 4.201 (G)(5)(d): The proposed rule change to require adjournment of the trial for at least

7 days infringes upon state law – specifically MCL 600.5735(2) – which requires landlord-

tenant cases be set for trial no more than 10 days after summons.

Rule 4.201: The current proposal treats termination of tenancy cases the same as non-

payment of rent cases. This change would further delay court proceedings and add an

administrative burden to already overburdened court administrative staff. Michigan Law

separates these two types of cases for good reason and court rules should not attempt to

change that.

Rule 4.201 (I)(3): The addition of a 30-day stay of proceedings related to rental assistance

application is simply unconstitutional. State law provides for recovery of possession due to