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  1. #1
    Join Date
    Feb 2018
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    Default Housing Court Jurisdiction

    My question involves court procedures for the state of: Ohio

    I'm residing in Cleveland Ohio. I'm having some landlord problems. The landlord is harassing me with threats of unlawful eviction.

    My question is --

    What is typically the jurisdiction of a municipal housing court in a city? For instance, Cleveland Municipal Housing Court. Over what defendants would they have jurisdiction?

    Is it just people in Cleveland? Or could people from another municipality have jurisdiction?

    Also, over what government organizations would they have jurisdiction? For instance, would they have jurisdiction over a federal government official? Would they have jurisdiction over a city government official?

    Thanks in advance!

  2. #2
    Join Date
    Oct 2014
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    7,409

    Default Re: Housing Court Jurisdiction

    Quote Quoting Endofdays
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    My question involves court procedures for the state of: Ohio

    I'm residing in Cleveland Ohio. I'm having some landlord problems. The landlord is harassing me with threats of unlawful eviction.

    My question is --

    What is typically the jurisdiction of a municipal housing court in a city? For instance, Cleveland Municipal Housing Court. Over what defendants would they have jurisdiction?
    The housing court is part of the municipal court. In the case of most municipal corporations, i.e. cities, their jurisdiction is the same as the limits of the city itself. For a landlord-tenant dispute, that means the Cleveland housing court may hear matters where the rental unit is in Cleveland. Some municipal courts cover an entire county, other than where a city has its own court. The Ohio statutes set this out in detail. And it changes a bit come January, 2020.

    Quote Quoting Endofdays
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    Is it just people in Cleveland? Or could people from another municipality have jurisdiction?
    I'm not sure what you are asking here.

    Quote Quoting Endofdays
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    Also, over what government organizations would they have jurisdiction? For instance, would they have jurisdiction over a federal government official?
    If the matter involves the federal government and you wish to sue the federal agency (e.g. Department of Housing and Urban Development) or wish to sue a federal official in his/her official capacity then the case must be filed in federal court. State and local courts have no power over the federal government. If you try to file it in a state or local court, the federal Department of Justice will file in federal court to have the case removed from the state/local court and the federal court will order that the case get transferred to the federal court.

    Quote Quoting Endofdays
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    Would they have jurisdiction over a city government official?
    It appears that if matter was one that could be brought in housing court, like say an dispute between a tenant of a Cleveland city owned housing unit and the city as the landlord that matter could be heard in the housing court.

  3. #3
    Join Date
    Mar 2013
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    17,137

    Default Re: Housing Court Jurisdiction

    Quote Quoting Endofdays
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    I'm residing in Cleveland Ohio. I'm having some landlord problems. The landlord is harassing me with threats of unlawful eviction.
    The Cleveland Housing Court website should have all the answers to your questions. There are links to all sorts of information and forms:

    http://clevelandhousingcourt.org/

    You can also study the Ohio landlord tenant statutes.

    The Cleveland Legal Aid Society has a Tenant Information Line:

    https://lasclev.org/02052018/

    When you come back tell us what the problem is, what your goal is, whether you are on a month to month agreement or have a lease and when it expires.

  4. #4
    Join Date
    Feb 2018
    Posts
    28

    Default Re: Housing Court Jurisdiction

    Thanks -- that was helpful. The Landlord is threatening to abuse the legal process. I have a large lawsuit I'm planning to file eventually. It may be a high profile news case and I may become a public figure eventually as a result. The landlord appears to be trying to exploit the compulsory counterclaim rule. I need to make sure I don't have to bring my entire lawsuit as a counterclaim to eviction in the event that they file the papers. It would be a SLAPP and they would likely loose, but again, the benefit would be to hassle me and rob me of my case. There are too many complexities, the case is too involved, and requires a ton of labor and preparation. They're holding a gun up to my lawsuit and my life. If I can just countersue the landlord then I can slam them big time given the evidence I have. If it's just a few local cops too as 3rd party defendants (the ones that ordered the landlord to harass using the community policing program) then I can slam them too.

    It looks like the federal gov. will be out as a 3rd party defendant (that is, the court won't be able to acquire jurisdiction, blocking them from being a 'compulsory' counterclaim), but I'll check the website and then do a walk in with a court staff official this week. I also have a consult with legal aid here in Cleveland that I'll do to develop my contingency plan.

    Thanks for the info.

  5. #5
    Join Date
    Sep 2018
    Location
    Ohio
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    224

    Default Re: Housing Court Jurisdiction

    The Municipal Court of Cleveland has Jurisdiction within the City limits and the Village of Bratenahl only.

    According to the Ohio Revised Code, the only other authorized Housing Court in the state is in Toledo.

    Chapter 19 of the ORC lists creations of Municipal Courts in Ohio and their authorized legal Jurisdictions to hear and try cases, etc.

    Quote Quoting Endofdays
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    It looks like the federal gov. will be out as a 3rd party defendant (that is, the court won't be able to acquire jurisdiction, blocking them from being a 'compulsory' counterclaim), but I'll check the website and then do a walk in with a court staff official this week. I also have a consult with legal aid here in Cleveland that I'll do to develop my contingency plan.
    It appears you need to do a lot of research? I don't know under what legal theory, as TM stated, you believe the Fed's can be named as a 3rd party? The Ohio Rules of Criminal and also Civil Procedure apply in Housing Court too. You need to research JOINDER of Defendants!

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