Cleveland Ordinance 484-2022 As Amended

Ordinance No.
484-2022 AN EMERGENCY ORDINANCE

AS AMENDED To supplement the Codified Ordinances of
Cleveland, Ohio, 1976, by enacting new Section
375.13 related to Tenant’s Right to Assert Tender
By Council Members Hairston, Maurer, of Rent as an Affirmative Defense to Eviction.
McCormack, Mooney, Spencer, Howse,
and Mayor Bibb
WHEREAS, the City’s ongoing housing crisis has been exacerbated by the COVID-
19 pandemic; and
WHEREAS, further adverse economic impacts are anticipated, leaving residential

tenants vulnerable to eviction; and
WHEREAS, according to the Cleveland Eviction Study, around 9,000 evictions are
filed each year in Cleveland, and of those, about 80% are for non-payment of rent; and
WHEREAS, 60 percent of eviction cases filed in Cleveland include households with

children; of tenants evicted in Cleveland, 76 percent are women heads of households, and
77 percent of those women are African-American; and
WHEREAS, notwithstanding COVID-19 and its deleterious effects, it is essential at

all times to avoid unnecessary housing displacement from evictions to protect the City’s
housing stock and to prevent housed individuals from falling into homelessness; and
WHEREAS, although unemployment compensation, rental assistance, and other

programs have been made available to Ohioans so they can meet their basic needs, the
City wishes to affirm tenants’ rights to tender late rent to avoid eviction and stay in rental
properties in the City; and
WHEREAS, this ordinance constitutes an emergency measure providing for the
immediate preservation of the public peace, property, health or safety; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1. That the Codified Ordinances of Cleveland, Ohio 1976, are
supplemented by enacting new Section 375.13 as follows:
Section 375.13 Tenant’s Right to Assert Tender of Rent as an Affirmative

Defense to Eviction
(a) Definition
“Tender” means an offer of payment.
(a) Definitions
(1) Reasonable late fees means, as provided in Section 375.02(c) of this Chapter,
if a rental agreement includes a provision that authorizes the landlord to assess the
tenant a fee for late payment of the monthly rent, the total amount of that late
payment fee from any month may not exceed the larger of: (A) twenty-five dollars
($25.00); or (B) five percent (5%) of the monthly contract rent. In addition, the total
amount of that late payment fee for any amount may not exceed twenty-five percent
(25%) of the portion of the monthly contract rent that the tenant is obligated to pay
under the rental agreement.
(2) Tender means an offer of payment and includes any emergency rental
assistance vouchers from an accredited social service, nonprofit, governmental, or quasi-
Ordinance No. 484-2022
AS AMENDED
governmental agency that guarantees the payment of past due rent, reasonable late fees,
and court costs.
(b) Tenant’s Affirmative Defense after Tendering Rent Prior to the Filing of an Eviction
Action
(1) If a tenant, or an agency or individual on the tenant’s behalf, tenders all past due
rent with reasonable late fees to the landlord prior to the filing of an action under Ohio
Revised Code Section 1923 and the landlord refuses the tender, the tenant’s tender of all
past due rent with reasonable late fees shall be an affirmative defense to any action filed
by the landlord against the tenant for nonpayment of rent.
(c) Tenant’s Affirmative Defense after Tendering Rent Prior to an Eviction Judgment
(1) If a tenant, or an agency or individual on the tenant’s behalf, tenders all past due
rent with reasonable late fees and court costs to the landlord prior to a judgment and the
landlord refuses to accept the tender, the tenant’s tender of all past due rent, reasonable
late fees, and court costs shall be an affirmative defense to the eviction action filed by the
landlord against the tenant for nonpayment of rent.
(2) A tenant’s tender after an action under Ohio Revised Code Chapter 1923 is filed
may be satisfied if the tenant places a payment in full, including all past due rent with
reasonable late fees, court costs, and applicable escrow fees, in escrow with the Cleveland
Municipal Housing Court prior to the date of trial.
(d) Other Causes for Eviction
This Section in no way limits the ability of a landlord to initiate an eviction action
for reasons other than solely for non-payment of rent.
Section 2. That this ordinance is declared to be an emergency measure and,

provided it receives the affirmative vote of two-thirds of all the members elected to
Council, it shall take effect and be in force immediately upon its passage and approval by
the Mayor; otherwise it shall take effect and be in force from and after the earliest period
allowed by law.
/jho
5-9-2022
FOR: Council Members Hairston, Maurer, McCormack, Spencer
2
Ord. No. 484-2022 AS AMENDED REPORT
after second Reading
By Council Members Hairston, Maurer, McCormack, Mooney,
Spencer, Howse, and Mayor Bibb
AN EMERGENCY ORDINANCE
To supplement the Codified Ordinances of Cleveland, Ohio, 1976, by enacting
new Section 375.13 related to Tenant’s Right to Assert Tender of Rent as a
Defense to Eviction.
READ FIRST TIME on MAY 9, 2022 REPORTS

and referred to DIRECTORS of Building and Housing, Finance, Law;
COMMITTEES on Development Planning and Sustainability,
Finance Diversity Equity and Inclusion
CITY CLERK
READ SECOND TIME
CITY CLERK
READ THIRD TIME
PRESIDENT
CITY CLERK
APPROVED
MAYOR
Recorded Vol. 109 Page

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Ordinance No.

484-2022 AN EMERGENCY ORDINANCE

WHEREAS, further adverse economic impacts are anticipated, leaving residential

WHEREAS, 60 percent of eviction cases filed in Cleveland include households with

WHEREAS, notwithstanding COVID-19 and its deleterious effects, it is essential at

WHEREAS, although unemployment compensation, rental assistance, and other

WHEREAS, this ordinance constitutes an emergency measure providing for the

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That the Codified Ordinances of Cleveland, Ohio 1976, are

supplemented by enacting new Section 375.13 as follows:

Section 375.13 Tenant’s Right to Assert Tender of Rent as an Affirmative

“Tender” means an offer of payment.

(d) Other Causes for Eviction

Section 2. That this ordinance is declared to be an emergency measure and,

READ FIRST TIME on MAY 9, 2022 REPORTS

READ SECOND TIME

READ THIRD TIME

Recorded Vol. 109 Page

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