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Major Change to Franklin County, Ohio Eviction Process: Landlord Testimony Required

Client Alert

Although there is currently a nationwide temporary halt on all residential evictions through December 31, 2020, the eviction process in Franklin County – which processes the highest number of evictions in the State of Ohio at approximately 18,000 a year – recently changed significantly. On September 3, 2020, the Tenth District Court of Appeals issued a decision holding that landlords and property managers must provide live testimony, as opposed to an affidavit, in order to evict a tenant. T&R Properties, Inc. v. Wimberly, 10th Dist. Franklin No. 19AP-567, 2020-Ohio-4279. This decision comes after the August 2019 eviction of Traci Wiberly, who was evicted from her Canal Winchester Apartment following a hearing in which neither she nor her landlord were present. Judgment was granted in favor of the landlord based solely on an affidavit, with no live testimony presented by either party in court. 

This decision overruled the 32-year old precedent set forth in Oakbrook Realty Corp. v. Blout, which was long interpreted by the Franklin County Municipal Court to “grant judgment on a forcible entry and detainer claim relying solely on the statements contained in an affidavit without any testimony being offered in open court. Wimberly at ¶46 citing Oakbrook Realty Corp v. Blout, 48 Ohio App. 3d 69 (Ohio Ct. App. 1988). The Wimberly decision rewrites a longstanding policy in Franklin County Municipal Court eviction proceedings. Now, live testimony must be given by the landlord and/or property manager in open court in an eviction proceeding, unless an enumerated exception applies. See Wimberly at ¶37.

If you have questions or need more information regarding the potential impact of the Wimberly decision, please contact your primary BMD attorney.


LGBTQIA+ Patients and Discrimination in Healthcare

In early April, the Kaiser Family Foundation released a study outlining the challenges that LGBT adults face in the United States related to healthcare. According to the study, LGBT patients are “twice as likely as non-LGBT adults to report negative experiences while receiving health care in the last three years, including being treated unfairly or with disrespect (33% v. 15%) or having at least one of several other negative experiences with a provider (61% v. 31%), including a provider assuming something about them without asking, suggesting they were personally to blame for a health problem, ignoring a direct request or question, or refusing to prescribe needed pain medication.”

Ohio Recovery Housing Overhaul: New Standards and Certification Requirements Reshape Sober Living Spaces

Ensuring Fair Access: SB 269 Protects Affordable Medication for Low-Income Patients

SB 269, introduced on December 19, 2023, will ensure that 340B covered entities, including Federally Qualified Health Centers, Ryan White Clinics, disproportionate share hospitals, and Title X clinics, can acquire 340B drugs without facing undue restrictions or discriminatory practices from drug manufacturers and distributors. This protection is crucial for 340B covered entities to continue to provide affordable medications and comprehensive services to low-income patients.

Unveiling Ohio's Pharmacy Board Updates for Distributors, Mobile Clinics, and Controlled Substances

The Ohio Board of Pharmacy will hold a public hearing on May 28, 2024, to discuss several proposed changes and additions to Ohio Administrative Code (OAC). These changes pertain to terminal distributors of dangerous drugs (TDDDs), mobile clinics or medication units, and the classification of controlled substances.

House Bill 249: Key Updates to Involuntary Hospitalization Law for Mental Health Providers

House Bill 249 (HB 249) proposes changes to Ohio Revised Code (ORC) Sections 5122.01 and 5122.10 to expand the conditions under which a person with a mental illness can be involuntarily hospitalized.