Cleveland Housing Court

We Shape Our Cities, And Thereafter, They Shape Us
C l e v e l a n d M u n i c i p a l H o u s i n g C o u r t

Acknowlegements
The Housing Court wishes to
acknowledge the community
policymakers, legislators,
attorneys, judges, and residents
of the City of Cleveland whose
tireless advocacy made the
Housing Court a reality.
The Housing Court would like to
recognize, as well, its staff, past
and present, whose knowledge,
expertise and passion have helped
Finally, thanks to the following
individuals, for their assistance
in telling this story of the
Housing Court and its work:
Benjamin Faller
Gaylord Consulting
Holly Hagen
Ben Kotowski Design
Aaron Kotowski Photography
Jerome Krakowski
Mary Mihaly
Barbara Reitzloff
Diana Twymon
Heather Veljković

he Housing Court has jurisdiction over criminal cases involving violations
of the City’s housing, building, fire, zoning, health, waste collection, sidewalk, agricultural
and air pollution codes. The Court also hears civil cases involving landlord/tenant disputes,
foreclosures, actions for nusiance abatement and receiverships.
At the Cleveland Municipal Housing Court, we are committed to improving the quality of life
in our neighborhoods. Through fair, tough, and compassionate adjudication and
mediation the court strives to protect the health, safety and aesthetics of the properties and
physical environments of our communities.

Dear Reader,
The Housing Court celebrated its 35th anniversary in 2015.
Court – from its inception, through its growth, to the present. In doing so, we considered, as well,
at the City of Cleveland, and the social and political forces at work during those times.
Cleveland has seen its share of struggle during the past three and a half decades. We have worked
to keep our communities intact, though some streets have given way to crime and disorder. As
property owners have lost their jobs and homes, or simply relocated, our strong housing stock has
deteriorated. Despite improvement in some neighborhoods over the past 35 years, others have
unraveled before our very eyes.
At the same time, p eople and organizations with new or renewed energy have given us hope.
In the 1970s, for example, neighborhood organizers and the community development network
enforcement in cases involving property owners and code violations. The Cleveland Housing
Court was one of the products of this community activism.
We are now in the midst of another surge of renewal in Cleveland’s neighborhoods. A building
is b eginning
to
turn
the
City
around.
Organizations
are
creating
partnerships,
collaborating
their creativity on neighborhoods and neighborhood issues, including abandoned and distressed housing.
number of bank-owned properties in the City, has presented the Court with caseloads which are larger, more complicated and more challenging. The
increase in property owners who live out of state, or even out of the country, has made the process of securing the attendance of criminal defendants
orders. At the same time, the number of resources available to distressed owner-occupants has decreased sharply, requiring the Court’s staff to work
even more creatively with homeowners to achieve compliance with City codes.
The Housing Court remains committed to bringing new solutions to the City’s increasingly-complicated housing problems.
Fortunately, it is not acting alone. The City is demolishing abandoned structures at an unprecedented rate.
Neighborhoods host new construction, from townhomes to apartment buildings and business centers.
Banks and other lenders are beginning to see the value in releasing liens to clear title, helping move
new uses for old spaces. Slowly, but surely, hope is returning to
Cleveland’s neighborhoods.

It has been my privilege to be the Housing Court Judge for more than half of the Court’s life. During that time, the expertise of the Court’s staff has
of housing-related problems in the City of Cleveland.
The Housing Court’s accomplishments have earned it a reputation for implementing the “best practices” among similar problem-solving courts. At the
same time, it is clear that a great deal of work remains. While the Court has increased its educational programs, many property owners and tenants are
still uninformed about their basic rights and responsibilities. The Court, through community control sanctions, has encouraged owners with multiple
properties to develop comprehensive management plans for their units. But many more owners reject the Court’s advice and assistance, leading the
Court to explore more avenues through which to bring these property owners into compliance with City codes and regulations. And, while an increasing
Housing Court staff bring passion, dedication, knowledge and expertise to their positions. When new tools are needed for new problems,
Work on the Housing Court’s second 35 years has already begun. However, as Shakespeare said, “what’s past is prologue.” So, please,
where we are going. If you have thoughts or ideas about the direction of your Housing Court, I would welcome your comments.
Please email me at clevelandhousingcourt@gmail.com, or call me at (216) 664-4988.
Thank you for your continued support
of the Cleveland Housing Court
and its mission.
Judge Raymond L. Pianka

“The Cleveland Housing Court is part courtroom, part emergency
room that performs legal triage on a mix of criminal and civil
cases for people who fall behind on their rent and mortgage
payments — financial problems that lead to other charges,
such as housing, zoning and fire code violations.”
Ohio Supreme Court Chief Justice Thomas J. Moyer (1939-2010)
he Years: The Emergence of an Idea
The creation of the Cleveland Housing Court was not an accident. It was a lengthy, sometimes rocky
saga stretching across four decades. As the forty years preceding the creation of the Housing Court
demonstrated, the need for a specialized, housing-focused court was clear. But making the Court a
reality was no easy task.
Housing issues began to come to the forefront in Cleveland in the 1940s. During World War II,
Cleveland’s population swelled with wartime factory workers. Cleveland factories offered industrial
jobs, and thousands of families migrated from Appalachia and the Deep South to take advantage of the
wartime industrial production boom. But the sudden influx of families in search of wartime jobs led to
scarce quality, affordable housing. To meet the housing demand, the City’s single-family homes were
parceled into apartments. This effectively was the first step in Cleveland’s path to overcrowding and,
eventually, neighborhood blight.
Comfortable, economical housing was even scarcer after the War as servicemen returned home. “By
the early 1950s, Cleveland stood at a crossroads,” wrote Dennis Keating and Norman Krumholz. 1 “Its
central business district and its neighborhoods were deteriorating, crime was worsening, and thousands
of city residents were leaving for new homes in the suburbs.” 2
Even the U.S. Supreme Court supported efforts to eliminate urban blight in the nation’s cities. In
Berman v. Parker, the Court upheld legislation intended to beautify and redevelop the District of
5

Columbia, holding Congress could consider aesthetic as well as health
concerns when enacting the legislation. 3 The Court noted:
“Miserable and disreputable housing conditions
may do more than spread disease and crime and
immorality. They may also suffocate the spirit by
reducing the people who live there to the status of
cattle. They may indeed make living an insufferable
burden. They may also be an ugly sore, a blight
on the community which robs it of charm, which
makes it a place from which men turn. The misery
of housing may spoil a community as an open
sewer may ruin a river.” 4
Cleveland was first awakened to the housing court concept when several
city councilmen attended the National Conference of Councilmen
& Aldermen in Baltimore, Maryland in March 1950. 5 Baltimore’s
housing court, the first in the nation, had been established in 1947. The
Plain Dealer reported that the Baltimore Housing Court combined
features of Cleveland’s board of appeals and municipal court, and
dealt with violations of the housing, zoning and sanitary codes. 6
In late April 1950, the Plain Dealer published a statement by the editor
of American Builder magazine, E.G. Gavin, that cities should “clean
up slums, don’t tear them down . . . and in the case of rental units—
which most slum dwellings are—to make owners conform to the
law.” 7 Gavin advocated the creation of a housing court to prosecute
property owners who otherwise did not comply with code violation
notices. His attitude was a prelude to the spirit and process of the
Cleveland Housing Court today.
Clevelanders again put the spotlight on Baltimore’s housing court in
1952, inviting that city’s redevelopment director, Richard Steiner, to
speak to the Cleveland chapter of the American Institute of Architects
(AIA). His message: if voters fully understand the benefits of
redevelopment, which depends on enforcement of building codes, they
will allocate money for it as they did in Baltimore. 8
By 1953, Cleveland’s activist community started to advocate a housing
court as a way of preserving the City’s neighborhoods. “Speak out,” Rev.
Hubert N. Robinson, pastor of St. James AME Church, told the annual
meeting of the Central Areas Community Council. “It is our right to have
decent housing, but it is also our responsibility to get all those plans off
the drawing board.” To residents of the Central neighborhood, he issued
his strongest challenge: “. . . be vocal and be loud. . . .If you don’t speak
out as an individual, as a citizen, as a victim of bad housing, how can you
expect hopefully that someone else will?” 9
Locally and nationally, momentum for redevelopment and eliminating
slums was building. Housing courts often were part of the proposals.
The National Association of Home Builders (NAHB) released a threepart
plan in July 1953 to eliminate blight. It called for creation of a
housing code to “put a floor of decency under every home,” housing
inspectors to check violations, and the establishment of a housing court
to ensure compliance. The plan further contemplated an aggressive
public relations campaign to inform the public. 10 The movement was
bolstered in 1954, when Cleveland Municipal Judge John V. Corrigan
called for a Cleveland Housing Court. The current system, he noted,
was ineffective and slow, and he cited Baltimore’s success in enforcing
housing, sanitary and fire codes. 11
No one took action on the idea for five years. In January 1959, Cleveland
Mayor Anthony J. Celebrezze, along with several suburban mayors,
met with Cuyahoga County’s state legislators. They recommended
establishment of a housing court as a branch of Cleveland’s alreadyexisting
judicial structure. In October of that year, the City hired fifteen
new housing inspectors, doubling their ranks. In an editorial, The Plain
Dealer conceded there “may be a need” for a housing court: “Frankly,”

Witt and Wisdom in a Problem-Solving Court
Housing Court works hard to give parties opportunities to resolve cases without trial. The Court reserves the most
complicated and delicate of these cases for Alternative Dispute Resolution Specialist, C. David Witt. In the summer of 2010, Mr. Witt
helped parties resolve a contentious dispute involving a Warehouse District nightclub. Residential tenants and nearby businesses
complained about the large, unruly crowds attracted by the hip-hop club. The owner of the building took legal action against
the owner of the club, who, backed by the NAACP, claimed that racism was behind the efforts to shut down his business.
Three lawsuits were filed, including one in Housing Court. The landlord claimed that the club’s noise levels violated the lease.
Judge Pianka directed the case to Mr. Witt for alternative dispute resolution (ADR). After multiple settlement conferences, the
parties resolved the case with an agreement that encompassed noise levels, the role of bouncers and the eventual expiration
of the club’s lease. Though hardly typical of the cases he handles, Mr. Witt points to it as an example of how ADR works. “We
don’t settle everything, but we settle almost everything,” he says. In fact, 92 percent of 235 civil cases that went to Mr. Witt
for ADR in 2014 resulted in non-trial settlements. “Ruling on a case is usually about winning and losing. At least half your parties
leave disappointed. Mediation, on the other hand, is not about winning and losing. It’s about problem solving. In that sense, a
successful mediation is a better resolution of a dispute, both emotionally and practically.”
ADR isn’t just for the large and complex cases, however. Many
eviction cases also are resolved through mediation. Gary Katz,
a Housing Court Mediator, estimated that he handles 1,400 of
the more than 10,000 civil cases that come before the court
each year. In a typical resolution to an eviction case, the tenant
agrees to leave, and the landlord gives the tenant more time
to find other accommodations. The Judge and Magistrates
can refer cases to mediation or other ADR opportunities,
or the parties involved can request it at any stage. “It’s a
practical thing to bring a case to an agreed resolution and
know what that resolution is, rather than leave it up to a third
party like a magistrate,” Witt says. “Sometimes mediation
can be a cathartic experience. Finally they get to tell their
story, and having told the story, they might be more amenable to
reaching a settlement.”
editors wrote, “we think the Municipal Court judges who now try
these cases have not given enough thought to the cancer which slums
and rank overcrowding have created in this city. . . The wrist-slapping
business must be stopped.” 12
The clarion call for a housing court continued into the 1960s. The
Urban League formed a community action group in April 1961 to keep
up the pressure for immediate action on unsafe housing. They asked
that landlords’ and tenants’ responsibilities be posted in multi-family
dwellings throughout the city, and were charged with exploring the
usefulness of a housing court in Cleveland. 13
In 1964, freshman councilman (and former housing inspector) George
L. Forbes, moved City Council to request the General Assembly to
establish a housing division within Cleveland Municipal Court. 14
Several months later, on February 1, 1965, three councilmen
consented to make the request of state legislators as part of their
proposal for a new neighborhood rehabilitation program. 15 Forbes
responded in April by proposing a “housing clinic” to augment the
work of Cleveland Municipal Court in fighting neighborhood blight. 16
The rhetoric intensified that September, when mayoral candidate Carl
B. Stokes declared war on slum landlords as part of his campaign
platform: “I would make absentee slum ownership an unprofitable
business,” he declared. He added that as mayor, he would set up a
housing court independent of Cleveland Municipal Court. 17 The
rallying cry persisted through the remainder of the decade, with
local and state candidates and officers of both political parties calling
for housing reform. Actual progress toward creation of Cleveland
Housing Court did not come about, however, until well into the
tumultuous 1970s.
7

ocial and Political Change Bolsters
the Call for a Housing Court
The 1970s were a difficult decade for Cleveland. Still smarting from the legendary 1969 Cuyahoga River
fire, the city lost almost one in four residents between 1970 and 1980 as homeowners, jobs, and wealth
fled the city for the suburbs. As the population fell, the city’s aging housing stock suffered from decay and
abandonment. Cleveland became the first major American city to enter default since the Depression.
In the midst of these struggles, Cleveland experienced a heyday of community organizing. Community
development corporations and grassroots community groups led the charge in creating a new generation
of organizers set on combating poverty and its effects. The new federal block grant program, which gave
neighborhood groups a voice in how to spend blight-fighting funds on a local level, empowered these
groups in their efforts. The Ohio General Assembly also overhauled Ohio’s landlord and tenant laws. The
Ohio Landlord-Tenant Act clarified the obligations of both landlords and tenants, expanded tenant rights,
and created clearer consequences for owners of substandard rental housing. 18
Community and legal advocates stepped up calls for a new approach to property-related code enforcement.
For many years, ineffective processes and procedures plagued the city’s housing code enforcement program.
This effectively allowed owners of blighted and unsafe properties to avoid significant penalties and fines for
code violations. Few code violation cases made it to court; even when charges resulted in fines, many went
unpaid. In 1971, city inspectors identified over 37,000 violations, but referred only 309 for prosecution. 19
Advocates were concerned that housing cases passed like hot potatoes from judge to judge, resulting in
delayed resolution and inconsistent or weak penalties.
9

Their concerns were valid — Cleveland’s municipal court system
lacked an efficient way to adjudicate code violations cases. Violations
sometimes languished for years before offenders were brought to
court. As no separate division existed for housing cases, judges
rotated through the housing docket, each spending two weeks hearing
cases. Frequently, the judges, with few resources to which to refer
parties, continued the cases, which then became the problem of the next
session’s judge.
Meager fines failed to deter offenders, and only reinforced
the inferior status of housing cases. A 1966 study found that housing fines
were on average less than $15.00. 20 Not only did this process often result
in delay, but it permitted serial offenders to hide in plain sight without
ever facing elevated penalties. And as cases languished, the problems
and the decay in Cleveland’s neighborhoods only got worse. A 1967
study published by the Plan of Action for Tomorrow’s Housing (PATH)
described Cleveland as in a “housing crisis,” with an “ever-widening,
rotting and impoverished core, surrounded by an affluent and unconcerned
. . . ring of suburbs.” 21
These problems further precipitated calls for a housing court in Cleveland.
By the 1970s, Baltimore’s housing court was not the only one in the
nation. Specialized courts for housing had also taken root in other cities
such as Pittsburgh, Boston, and New York. The campaign for a Cleveland
Housing Court took on new political viability when Oberlin College
student and City Councilman James Rokakis wrote a paper on the idea.
Rokakis advocated for a housing court in Cleveland, and
enlisted the support of State Senator Charles L. Butts, who
sponsored the bill in the General Assembly to create such a
court 22, and Terence Copeland to help him lead the effort.
“Cleveland at that time was a divided city,” Copeland recalls, “and it
was rare for councilmen on the east and west sides of town to partner on
anything. But both sides of town had dilapidated housing,” he says. “We
thought it would be good for Cleveland to have this Court to address the
problem. We worked as a team, speaking at various meetings across the
city talking about Housing Court. We made it our goal to let everyone
know it was needed on both sides of town, and enlisted the support of
about 20 neighborhood leaders and housing advocates to help us.”
Despite Rokakis’s advocacy and Butts’s support, the housing court
proposal was met with vocal opposition, particularly from the judiciary.
The Chief Administrative Judge of the Cleveland Municipal Court, Edward
F. Katalinas, opposed the bill, telling the Cleveland Plain Dealer that
“[if] you put one judge on housing full time, he wouldn’t know what to do
with himself…we have less than one case per day filed for the entire city
of Cleveland on the housing code.” 23 Then-Governor James Rhodes also
disapproved of the idea.
But the chorus in favor of a housing court was louder. Almost as one voice,
community groups, neighborhood activists and many lawyers, politicians
and judges urged the creation of a specialized court in Cleveland to address
the City’s many housing-related challenges and the growing number of
housing-related disputes. 24 They recognized, even before its creation, that
the Court would need to take a unique approach: seeking compliance,
rather than simply imposing fines.
On November 30, 1979, the Ohio General Assembly passed a bill authored
by Harry J. Lehman of Beachwood, paving the way for the bill to become
law on January 1, 1980. 25 Though advocates feared a veto, Rokakis was
able to convince then-Mayor George Voinovich to persuade Rhodes to
allow the bill to become law without his signature, and the housing court
became a reality. 26 The Court’s creation “was viewed as both an important
urban reform and a grassroots advocacy victory,” said Robert Jaquay,
associate director of the George Gund Foundation and a Housing Court
prosecutor in the early 1980s. 27
10

Housing Court – Justice Beyond the Four Walls of the Courtroom
“The Housing Division of the Cleveland Municipal Court is now in session.” These are words you normally would hear inside
Courtroom 13B at the Justice Center – the heart and home of the Housing Court. But today, these words are being spoken in the
living room of a dilapidated single family home in the City’s Slavic Village area. The Housing Court Judge, his bailiff, City prosecutor
and the public defenderr stand shoulder-to-shoulder with the defendants, a middle-aged couple who own and live in the house; the
court reporter operates her stenographic machine seated on a kitchen chair.
The hearing in this Housing Court case was held at the request of City Councilman Tony Brancatelli, whose ward includes the
Slavic Village neighborhood—an area often referred to as the epicenter for the foreclosure crisis.
invited us back.”
violations. They also added new siding, new trim and landscaping, restoring some of the home’s previous grandeur. The Court’s
ultimate goal of code compliance was reached.
in hand.
Beyond Evictions
The Court’s problem-solving mission is priority in the civil
cases that it hears. Eviction cases comprise the bulk of the
Court’s civil docket. Ohio law requires that eviction cases—
formally known as forcible entry and detainer actions—move
quickly through the court system. To meet this requirement
and still provide a complete hearing for related claims, the
Court splits these cases into two causes of action—the
dealing with money damages and counterclaims. First cause
hearings provide magistrates with the opportunity to refer tenants
to available social service programs. The Court has established
processes to connect seniors and those with disabilities to the
a tenant is elderly or disabled, he or she is able to refer the
and for connection to other available resources. The Court also
mediation services just beyond the doors of courtroom.
11

fter a Slow Start, Housing Advocates
Win the Day
As the official launch of Cleveland Municipal Court’s special housing division approached, controversy
persisted reguarding its role, and officials squabbled over budgets, staffing and everyday matters such
as office space.
Still, housing advocates had won the day: Cleveland would have its Housing Court, the first in Ohio devoted
to housing cases, both civil and criminal. The community started to believe that neglectful owners might be
held responsible for allowing their properties to deteriorate. The Cleveland Housing Court was a busy court
from the beginning: despite Judge Katalinas’s prediction, in its first year, Cleveland Housing Court saw
6,452 eviction cases and 599 criminal code compliance cases. 28
It was a rocky start, however. The first Housing Court judge was Joseph F. McManamon, already a Municipal
Court judge. His first appearance on the Housing Court bench was delayed for two days because the new
Court’s budget and offices had not been approved. Finally, on April 4, 1980, McManamon heard his first
case: a complaint against a City worker who parked his garbage hauling equipment on a Tremont street at
night. It was also the Housing Court’s first example of the Court’s enduring philosophy of solutions-based
decisions: McManamon sentenced the worker to 10 days in jail and a $500 fine, but suspended the jail
sentence and half of the fine on condition that he not park his equipment on neighborhood streets again.
Housing Court’s growing pains continued, partly because the Court was underfunded. Cleveland City
Council had slashed McManamon’s requested $93,000 budget to just $50,000, preventing him from
13

hiring more than one Housing Specialist. The entire staff, including the
in McManamon’s initial request. Those constraints alone kept Housing
Court from reaching optimal effectiveness.
The new Court’s future was challenged again that November when Judge
McManamon was elected to the Court of Common Pleas, creating a fastrevolving
door of judges on the Housing Court bench. McManamon
was replaced by Judge Robert Malaga, who had just lost his own bid for
re-election to Probate Court.
Many did not see Judge Malaga as a Housing Court supporter; however,
he did honor the Court’s problem-solving approach to justice. “Those
be mitigated if the work is done,” wrote a Cleveland Press reporter in
April 1981. The newspaper quoted Judge Malaga as frequently telling
defendants, “I’d rather have you put the money into the house than give
it to the court.” 29
Judge Malaga served only one year, replaced by Judge Eddie Corrigan,
Local Rules, giving it a set of procedures and guidelines that set it apart
from Municipal Court as a whole. It was an important step because of the
specialized nature of cases heard in Housing Court.
Judge Gaines also took the Court’s problem-solving philosophy to a
higher level, assigning Housing Specialists to connect property ownerdefendants,
often elderly and poor, with available programs to help them
repair and maintain their homes. Resources, however, were few. One
of the most popular programs, Cleveland Action to Support Housing
(CASH), was available only to homeowners who were eligible for
conventional bank loans. Interest rates at that time hovered above eleven
Housing Court’s early supporters remained frustrated over what they saw
They set out to recruit a judge who would continue the Court’s established
mission. They found their candidate in William Corrigan—a lawyer,
neighborhood activist and former teacher and guidance counselor at
Glenville High School. Corrigan had never served as a judge, but in
1989, at age sixty-two, he ran for the Housing Court and defeated Carl
Corrigan ushered in a decade of expansion for Cleveland Housing Court,
including the creation of the Court’s Mediation Program, which still
offers landlords and tenants the opportunity to settle their disputes without
a hearing, free of charge.
Judge Corrigan’s tenure also was brief. Clarence Gaines defeated
Corrigan in the next election and began his term in January 1984—
Housing Court’s fourth judge in four years. Judge Gaines was
a competent jurist who continued to raise the professional standards of
the Court, requesting a study to evaluate Court operations. The report
found that despite the rapid turnover on the bench, the Court had met a
primary mission—to resolve more housing cases than ever before, and at
a faster rate. 30
The Court’s community service program (below and at right),
engages in projects in local neighborhoods that focus on quality
of life issues.
Court Community Services Assists Housing Court in Fighting Blight
Toxic titles, absentee and unresponsive owners, as well
as other complicated problems may delay resolution of some
cases in Housing Court. Grass and weeds grow high, scrappers
strip gutters and aluminum siding, vandals break windows,
and litterers use the yard to dump trash. What was merely
a vacant house—again— quickly becomes an eyesore,
a burden on property values nearby and a danger
to the neighborhood and its residents. As Housing
cases are pending, decay through its use of Court

Corporation Docket
One of the Housing Court’s ongoing challenges is compelling corporate defendants to appear in Court. Because the Court cannot
issue an arrest warrant or impose jail time on a business entites, it had to act creatively, to cause those defendants to appear.
the orders of reviewing courts. The Court considers this an evolving docket, since the existing laws for criminal procedure were
not established with corporate defendants in mind. The end goal of this specialized docket, however, always remains the same:
to require corporate defendants to appear in Court when criminal charges have been brought.
After an initial failure to appear, a business entity is ordered to appear and service is sent out again the entity’s address of record,
cause why it should not be held in contempt. If the entity yet again fails to appear at the show-cause hearing, the Court
imposes sanctions until the entity appears and enters a plea. This practice has been successful in encouraging corporate defendants
to appear in Court.
One corporate defendant, a multi-national bank, routinely failed to appear on Judge Pianka’s docket, but ultimately made an
address in Europe! This company, and many others like it, now appear consistently when summoned to the Corporation Docket.
Community Services (CCS). Judge Pianka utilizes CCS to remove
nuisances at problem properties.
In addition to ordering a property maintained, if a property
can assign defendants to perform community service in lieu of
trees. “We’re a real low-cost form of labor to go out and remedy
those kinds of problems,” said Paul Klodor, Executive Director
of Court Community Services. Housing Court referred 60
defendants in 2014, and they completed a total of 4,505 hours
of community service.
Not all the properties CCS services are vacant. The
Housing Court has directed crews to the homes of the elderly and
disabled who are unable do the repairs, and cannot
afford to hire someone. The work often draws the
attention of neighbors pleased to see that the blight next door is
being cleaned up. “It is a way for Housing Court to demonstrate
to different communities that the Housing Court is tuned
in,” says Klodor.
15

oactive Court
The 1990s ushered in a new era for Cleveland Housing Court with the beginning of JudgeWilliam Corrigan’s
tenure as Housing Court Judge. Judge Corrigan understood the important role the Cleveland Housing Court
could play in improving the quality of life in the City of Cleveland. 31 His proactive stance helped shed the
malaise that marked the pre-1990 efforts at enforcement of the City’s Housing Code, and began to shape the
Court’s reputation and policy going forward.
During Judge Corrigan’s tenure, Cleveland City Council increased the Court’s budget, as well as the number
of Court personnel, perhaps in recognition of the increased role the Court was beginning to play with respect
to issues of quality of life in the City of Cleveland. The significant amount of money that the Court generated
on a steady basis likely also influenced Council’s willingness to increase funding for the Housing Court:
during Judge Corrigan’s first two years on the bench, the Court collected a total of $310,000. The increased
staffing included additional Housing Specialists, bringing their number to seven.
The Housing Court possessed a deep understanding of the need to provide assistance to those under its
jurisdiction. As such, the Court shouldered a responsibility to prevent and punish unsafe business practices.
Such practices made life more dangerous for those who resided within the City limits. For example, during
the early 1990s, the Housing Court found itself hearing cases involving heightened lead emissions that
threatened surrounding neighborhoods, as well as opportunistic companies that dumped trash on City streets
and vacant lots. The Court exercised its jurisdiction in cases in which it protected surrounding neighborhoods
from the increased illegal dumping, 32 as well as an insufferable stench from a meat-processing operation. 33
Residents of the City began to see that the Housing Court was willing to flex its muscle to provide protection
for the residents whose simple goal was to enjoy their homes.
17

Receivership Halts Deterioration, Restores Stability
The row house on West 112th Street was quickly turning into a
nightmare: The owner had moved to California, leaving behind
a roof that leaked badly. Eventually, rain and snow damaged a
wall shared with neighbors. One of eight connected row houses,
the property, if allowed to continue to deteriorate, could destroy
other units. It would have a devastating effect on a block that
had been spared the worst of the housing crisis.
Neighbors turned for help to Cudell Improvement Inc., the local
community development corporation. Cudell’s Executive Director,
Anita R. Brindza, saw that the neighbors’ nightmare could be a
dream receivership. “There are lots of reasons why community
development corporations shy away from receiverships,” Brindza
says. “A property might be too far gone for repairs; it might
carry a too-large mortgage; it might have little resale value; the
title could be tangled with liens; the housing market could be
down enough to make a quick resale unlikely. But none of that
would be a problem here. The brick row house could be repaired
for less than its value. It didn’t carry a mortgage. Its location on
a good street meant it could be resold quickly. And Cudell had
enough money to pay for the renovation.”
With Cudell’s help, the owners of the adjoining unit filed a
receivership action in the Housing Court. The Court appointed
Cudell receiver of the property, and gave them the authority to
contract for and supervise the necessary repair work.
Contractors fixed the roof and the common wall and cut down a
large pine tree in the front yard. After repairs were completed, the
three-bedroom row house was sold to a neighbor for $113,000.
Cudell was reimbursed for the cost of repairs and legal services,
and received a small fee, as well, for serving as receiver. The
original owner eventually contacted the Court, and received the
nearly $22,000 profit from the sale.
“It was nice to be able to help the people who complained,
because otherwise they would have had to abandon the
property,” Brindza says.
In recognition of his commitment
and efforts, Housing Advocates,
Inc., a Cleveland-based nonprofit
public interest law firm
and fair housing agency, awarded
Judge Corrigan the “Housing
Advocate of the Year” award, just
prior to the expiration of his term
as Housing Court Judge.
The early 1990s also saw one of
the first uses of receivership as
a nuisance abatement tool. The
Cleveland Restoration Society
filed one of the first actions of its
kind against the owner of a property
on South Boulevard, ultimately
saving a showcase home.
One of Judge Pianka’s early initiatives was the creation of the Selective
Intervention Program, or “SIP,” in 1998. SIP is a criminal diversion
program designed to guide owner-occupants who are first-time offenders
through the process of making repairs and bringing their properties up
to City code. Each defendant in SIP is assigned a Housing Specialist,
who assists the defendant in drawing up a contract with the Court,
promising to complete the necessary repairs within a specific period
of time. The Specialist explores resources available to the owners, and
reports to the Court on the owner’s progress. At the end of the contract
period, if the defendant has completed the program, the criminal case is
dismissed. In 2000, just two years after the program was created, more
than 300 defendants were referred into the program, with the vast majority
successfully completing the necessary repairs, and avoiding the stigma
of a criminal record. To date, the Court has referred more than 3,000
defendants to the SIP program.
The Housing Court recognized that education plays a significant role
in achieving compliance with the law. In 1998, the Housing Court,
In January 1996 Raymond L.
Pianka took office as the sixth
Cleveland Housing Court Judge.
A former City Councilman, Judge Pianka became the longest-serving
Housing Court Judge, on the bench for nineteen of the Court’s first
thirty-five years. His experience as a passionate advocate for the City of
Cleveland and its residents enabled him to hit the ground running. From
the outset, Judge Pianka focused the Housing Court’s efforts on achieving
compliance with the City’s codes, assisting those defendants who needed
extra help, while pursuing and punishing those who attempted to elude the
Court’s authority.
18

collaborating with the Northeast Ohio Apartment Association, began
offering quarterly presentations of “What Every Landlord Should Know.”
Essentially a school for landlords, particularly those new to the business,
this program provided information on landlords’ rights and responsibilities.
“What Every Landlord Should Know” continues to this day, now with a
counterpart program — “What Every Tenant Should Know” — presented
to individuals about to enter the rental market as tenants. The Court has
added an additional program, as well, “Get the Lead Out,” addressing the
law and practical issues raised by lead present in residential properties.
From the onset of Judge Pianka’s term, it was clear that while the Court
would work to empower landlords, tenants, and property owners to
comply with the law, the Court would not coddle defendants who failed
to appear and answer charges against them. The Court created a Warrant
Capias Unit to locate recalcitrant defendants, and compel them to appear
in Court. The Court hired retired police officers as part time, temporary
employees, relying on their skills to locate and persuade defendants to
present themselves in court, as ordered.
At right, after and before, a condemned historic Franklin
Boulevard home, renovated for owner occupancy, and
becoming a neighborhood asset after years of neglect.
Opposite page: Saving a magnificent century old Georgian
Revival home (far left) on South Boulevard through creative
use of receivership enabled financing to be obtained in
the absence of an owner who could deliver clear title.
The exterior of the landmark house today, middle, and
the restored stair hall, bottom.
Specializing in Getting the Job Done
The Housing Specialist stands on the front porch and braces
herself for what lies behind the front door. Judge Pianka has
assigned her to assist a woman in her mid-sixties who lives in
a modest house on the City’s northeast side. The City has filed
both a civil suit and criminal charges against the woman, telling
the Court that the home presents health and safety hazards.
The woman greets the Housing Specialist at the door and
reluctantly invites her in. Almost immediately, the woman begins
to explain the stacks of newspapers, books, clothing, and other
household items. “I’m going to go through all this ... I need these
things …this stuff over here belonged to my husband…”
The woman leads the Specialist further into the small, single
family home she lives in alone. The walk is precarious, at times
requiring the women to hold onto doorways while climbing on
piles of items. The kitchen appliances are unusable, covered
with boxes, papers, and other items stretching toward the
ceiling. The basement is inaccessible, due to the clutter.
The house smells of animal urine. It’s another day on the job
for this vital group of Housing Court employees—the Housing
Specialists.
The Specialists do some of their work in the court itself—
testifying before the Judge, working with criminal defendants
to locate resources to make repairs, explaining court procedure
to landlords and tenants. Much of their work, however, is done
“in the field,” at many of the thousands of properties before
the Court each year. Specialists may even don ventilators,
safety suits and gloves and pitch in to help work crews clean
up property as part of court-ordered community service.
Judge Pianka has chosen this Specialist specifically to work with
this homeowner. The social work background and experience
of this veteran court worker will be helpful in dealing with the
woman’s hoarding issue. She will visit the property another halfdozen
times, supervising, coaching, cajoling to get the property
cleaned out. In this case, the hard work yields a good result—
the homeowner gets rid of much of the clutter, cleans the
basement, and sanitizes the property. On this first visit, though,
there is still much to be done. “Okay,” announces the Housing
Court Specialist, “here’s what we’re going to do first…”
19

ew Challenges Test the Court
Two decades after its creation, the Court already had become an essential component of the City. But a new
decade for the Housing Court brought new challenges. The Housing Court continued to adapt itself to meet
these challenges with creative and effective solutions.
At the beginning of the twenty-first century, vacant properties marred many of Cleveland’s once-vibrant
neighborhoods. Estimates placed between 10,000 to as many as 25,000 vacant and abandoned properties
in Cleveland. Following years of predatory lenders and often unscrupulous companies with no legitimate
paperwork on properties, Cuyahoga County was also at the crossroads of another major obstacle: the
foreclosure crisis, which hit Cleveland early and hard. By 2007, when the rest of the nation was just
beginning to feel the effects of the housing bubble, foreclosures in Cuyahoga County surged past 14,000
a year. Vandals destroyed vacant properties and stripped empty homes of plumbing, heating equipment,
and recyclable materials. Homeowners whose properties were in foreclosure often were dismayed to learn
that though they could not afford their homes, they were still the legal owners of the properties, and thus
responsible for their upkeep.
Responding to this challenge, the National Vacant Properties Campaign and Neighborhood Progress,
Inc. published Cleveland at the Crossroads. This comprehensive report urged greater cooperation among
city leaders, CDCs, and the private sector to identify vacant properties and develop an enforcement and
development strategy. 35 Judge Pianka recognized the need to enforce the City Building and Housing Code,
while simultaneously encouraging the partnership and creative solutions offered by the Crossroads report,
in an essay he wrote for the Northeast Ohio Apartment Association. 35
21

The often unscrupulous practice of property “flipping” exacerbated the
foreclosure crisis in Cleveland. 37 In search of fast money, land speculators
descended upon Cleveland, purchased condemned properties, and resold
them at substantial markups—often without ever seeing the property, or
making any improvements. These investors wanted to resell the houses
quickly at a profit; compliance was not part of their plan. Mortgage
companies—many out of state, and many willing to provide loans with
little or no documentation—helped facilitate the scheme of property
flippers. 38
Notorious among these investors was Raymond Delacruz. According to an
August 28, 2000 article in the Plain Dealer, “records show[ed] that Delacruz
and his associates . . . bought and resold at least 50 properties, enjoying a
return on their purchase investment of roughly 85 percent, while holding
onto the properties an average of just four months each.” 39 In one example,
Delacruz, through his associate, purchased a property on Kolar Avenue for
just over $20,000. However, the deed Delacruz recorded, along with an
accompanying affidavit, falsely stated the associate paid $75,000 for the
property. 40 Seven months later, Delacruz sold the Kolar Avenue property
for $87,000. 41 Delacruz was later cited for myriad housing violations at
the property. When Delacruz failed to bring the property up to code, Judge
Pianka sentenced him to thirty days of house arrest in the property, so that
Delacruz could properly “focus [his] energies” on the property. 42 Delacruz
subsequently was convicted of federal mortgage and real estate fraud for
his operations throughout Cleveland and Columbus. 43
The City had a difficult time enforcing local codes with respect
to “property flipping” for various reasons. First, Cleveland has no law
requiring home inspections at the point of sale. Second,although the
City passed an “anti-flipping” ordinance in 2003, 44 the Ohio Supreme
Court later held the ordinance was preempted under the Ohio Constitution
by powers reserved to the State. 45 Third, though the City had previously
passed a Certificate of Disclosure ordinance, prosecutors had rarely used it. 46
That particular ordinance requires a seller of any one, two, three, or four-
58
The “Clean Hands” Docket
“Good morning, ladies and gentlemen. You are here today
because one or more parties to your case have outstanding
criminal warrants and/or fines with the Cleveland Housing
Court. Judge Pianka requires you to clear up these outstanding
issues before allowing you to proceed in your eviction case.”
This is the opening announcement to attendees of the Housing
Court’s Eviction-Warrant Docket. In 2008, Judge Pianka noticed
he was signing entries granting writs of restitution for evictions,
while signing judgment entries to issue warrants for the same
parties on his criminal docket. There is a longstanding legal
principle that “he who seeks equity must do equity, and that
he must come into Court with clean hands.” Christman v.
Christman (1960), 171 Ohio St. 152. The Eviction-Warrant
Docket was created to further prevent this practice, as well
as to clear up outstanding cases pending in the Court.
22
In one case, a corporate Landlord cleared up outstanding
warrants and fines that were preventing it from moving
forward on its eviction case, before the Eviction-Warrant Docket
hearing; the Court therefore allowed it to proceed. However, the
Tenant also appeared that day, and agreed to vacate the premises.
The parties were able to reach an agreement through the
Court’s Mediation Program. The Court considers this a win-winwin
scenario: the Landlord received the remedy it sought; the
Tenant’s goal of a “soft landing” was met; and the Court resolved
its outstanding warrants and fines.
Over 830 cases have been referred to the Court’s “Clean Hands”
Docket since it began in 2008. As a result, hundreds of warrants
and capiases have been cleared up and thousands of dollars in
unpaid fines have been collected as a result of referral to this
specialized docket.

unit dwelling to furnish a Certificate of Disclosure to the purchaser,
outlining the condition of the property. A violation of the ordinance is
a first degree misdemeanor, punishable by up to six months in jail and a
$1,000 fine for an individual, and $5,000 for a corporation. 47
Frustrated with the number of vacant properties ravaged by the foreclosure
crisis, Judge Pianka instituted tough measures against the properties’ new
owners: the lenders and investors themselves. In response to business
entities, including banks and other lenders, ignoring Court summons for
code violations, Judge Pianka began holding hearings in the corporation’s
absence, and converted these fines to cival judgment, upon which the
clerk’s collection attorneys recorded liens in Cuyahoga County. By 2008,
he had tried twelve companies in absentia, “leaving each unable to sell any
properties in the area until it [paid] up.” 49 Judge Pianka also created the
Eviction Warrant Docket, commonly known as the Clean Hands docket,
preventing landlords with outstanding warrants and unpaid criminal fines
from prosecuting eviction actions until the landlords appeared at and
participated in their own criminal cases. The Judge’s tactics got attention:
fewer property owners ignored the Court’s summonses.
Toepfer provided the painted boards often are located near tidy, occupied
homes, or near retail stores or other businesses, whose owners cannot
escape the adjacent blight. As Judge Pianka remarked, “I think it’s making
the most of a bad situation... It’s not a solution to the vacant, abandoned
property crisis, but it’s one thing that can be done.” 51
Throughout the 2000s, the Court also saw an increase in the number of
nuisance abatement cases seeking the appointment of a receiver. These
highly specialized, somewhat cumbersome cases, brought under Ohio
Revised Code 3767.41, are limited to instances where a property owner
has failed to remedy a nuisance property. The City, a neighbor within 500
feet, a tenant, or local non-profit organization can bring the case, and have
the Court appoint a receiver to make the necessary repairs to the premises
to eliminate the nuisance.
Judge Pianka also employed creative measures to address the City’s vacant
properties. In partnership with community groups, Judge Pianka arranged
with Chicago-based Chris Toepfer to paint the plywood boards, used to
secure vacant houses, with scenes of people, window boxes and curtains.
Toepfer’s technique, known as “artistic boarding,” attempts to make
vacant properties more aesthetically attractive, and, more importantly, less
likely to be targets of vandalism and other crimes. 50 The homes for which
Staff confer in Court’s 13th floor Justice Center reception area,
left, and in a courtroom as court is about to begin, right.

evitalization and Resilience
As the first decade of the new millennium drew to a close, Cleveland residents looked at their community
with optimism, blended with some harsh realities.
Cleveland has continued to struggle with the results of the mortgage lending and foreclosure crises. As
Judge Pianka told a reporter from Suites magazine in late 2009, “[i]f the [mortgage] crisis ended tomorrow,
we’d be dealing with the fallout for another five to ten years.” 52 At that time, it was estimated that Cleveland
had more than 10,000 vacant homes; since then, that number has risen to more than 15,000. 53 In 2009,
economists and Washington, D.C. officially declared the recession 2007 “over”. But homeowners in
Cleveland continued to feel the effects of stagnant wages and job losses, combined with increased prices for
labor and materials to perform routine maintenance on their homes. As a result, many homeowners could
not afford to maintain their homes in good condition, and structures deteriorated throughout the City.
The increased number of criminal case since 2009 reflects both the decline in the condition of the housing
stock and the City’s stepped-up enforcement efforts. Between 2009 and 2012, the City filed 26,852 criminal
cases. 54 The Clerk of Court, in 2012 alone, collected more than $500,000 in fines and court costs levied by
the Housing Court.
The Court also has seen an increased number of civil filings in recent years. On average, over 11,000
civil cases are filed in the Housing Division. Most of these cases were eviction actions, the overwhelming
majority for non-payment of rent. 55
Still, there are signs of hope and increasing energy.
25

A small portion of the civil cases filed were nuisance abatement actions,
brought by neighborhood Community Development Corporations
(CDCs). In these actions, CDCs sought an order from the Housing Court
to declare a property a public nuisance and appoint a receiver, when
necessary, after interested parties failed to make the necessary repairs.
The neighborhood groups’ efforts moved toward abating the nuisance
posed by vacant, abandoned, and poorly maintained properties one at a
time. Receivership can be a costly remedy, and not every neighborhood
CDC has the available cash or credit to rehabilitate property for later
sale. Still, for neighbors of the handful of properties about which these
actions are filed each year, the effect is dramatic—sometimes demolition,
but other times complete rehabilitation, with a subsequent sale to owneroccupants.
Not only is the nuisance abated, but the City often acquires
new residents as well. While the City itself has the legal authority to bring
these actions, it has not yet embraced this legal strategy, and has not filed
any receivership actions.
The City of Cleveland has taken initiative on another front. In June 2009,
the City published a report on its newly-formed Code Enforcement
Partnership. 56 Beginning as a pilot project between the City and the
Midwest Housing Partnership, the Code Enforcement Partnership
formalized the relationship between the City and the CDCs.
The Sylvia Apartments are a perfect example of collaborative
neighborhood revitalization. The Sylvia was built on Franklin Boulevard
in the 1920s – part of a stretch of once-grand homes on the City’s West
Side. By the late 2000s, however, the Sylvia was owned by a company
that permitted it to fall into serious disrepair. In November 2008, the
owner of the company died. On the brink of the oncoming winter, the
tenants faced utility terminations. When no one from the owner’s family
or the company came forward to take responsibility for the building, the
Detroit Shoreway Community Development Organization stepped in, and
filed a receivership action in the Housing Court. 57
Through the action they filed, Detroit Shoreway negotiated and secured
cooperation from the City, neighborhood groups and financiers to
save the three-story, 18-unit brick structure from demolition. After a
$3 million renovation, in May 2012, the Sylvia was re-opened in a ribboncutting
ceremony. Among those present was Mayor Frank Jackson, who
remarked that the Sylvia was now the “jewel” of Franklin Boulevard. 58
Also in attendance was 82 year old Eleanor French, who had called the
Sylvia her home for nearly 65 years. Forced to vacate in 2008, when the
building was at its worst, Ms. French happily returned to the Sylvia to see
the transformation. 59
A local television station at the Sylvia ribbon-cutting interviewed
Cuyahoga County Land Bank Chief Operating Officer Bill Whitney.
Whitney commented on the difficulty of structuring complex development
projects: “These projects aren’t easy.” He went on to note, “[t]he structuring
of these kinds of development models is really what has propelled Cleveland
and its neighborhood groups to the forefront of city redevelopment…
26
The goal of the partnership from the outset was to make use of the
information the CDCs acquired about local neighborhoods in a
streamlined and efficient manner. The CDCs maintain an inventory
of abandoned properties, prioritize properties needing attention, and
convey that information to a centralized complaint system in the City’s
Department of Building and Housing. The complaint department then
prioritizes the incoming complaints from all sources, to make the most
efficient use of staff time.
The Partnership is still developing, and the City likely has not yet felt its
full effect. It does illustrate, however, the undeniable need for community
involvement to address the issue of declining neighborhoods. In areas
where the residents and CDCs are active, neighborhoods have steadily
improved. But no one individual, group, or government entity can bear
the burden on its own—it takes a combined, concerted effort to push back
the forces of decay.
It’s not just brick and mortar… It’s the heart of the neighborhood and
all the people who live there.” 60
And the heart of many of Cleveland neighborhoods continues to beat
strongly:
In the Larchmere neighborhood, the annual Larchmere PorchFest is a free,
one day music festival that attracts thousands of people to hear musicians
perform on the porches of beautiful, well-maintained homes. Since its

first year, 2008, this family-friendly event has grown to feature thirty
musical groups performing at thirty different homes throughout the day. 61
The Kinsman area has welcomed CornUcopia Place, a
community facility featuring a harvest preparation station for local
market gardeners, and a community kitchen, where cooking and nutrition
demonstrations are held. The affiliated Bridgeport Café serves handcrafted
soups and sandwiches, and sells fresh, locally-grown produce. 62
In Hough, neighborhood resident and activist Mansfield Frazier proposed
the creation of a vineyard on a lot once occupied by a dilapidated apartment
building. The vineyard, Chateau Hough, released its first bottle of wine in
2014, and received 2nd place at the Great Geauga County Fair. Since its
inception, the project has expanded to include the creation of a bio-cellar,
a passive solar greenhouse derived from the foundation remnant of an
abandoned building. 63
Stockyard-Clark-Fulton has witnessed the introduction of “mow goats”
to the area, an innovative approach to clearing brush from vacant lots. A
team of four goats came from a farm in Madison, Ohio, to Cleveland’s
near West Side, to test the use of goats to clear lots to mow-able height. 64
The Cleveland Flea—a pop-up neighborhood flea market – is “part
urban treasure hunt, part culinary adventure, part maker center.” This
monthly flea market offers locally made jewelry, art, crafts, clothing,
and food, along with artist demonstrations in the St. Clair-Superior
neighborhood. 65
The Detroit Shoreway neighborhood celebrated the renovation of the
historic Capitol Theater. Situated in the heart of the Gordon Square
Arts District, the Capitol Theater is now locally owned and operated
by Cleveland Cinemas. During its 2012-2013 season, the Cleveland
Orchestra launched its “At Home” neighborhood residency program in
Gordon Square, with performances at the Capitol Theater. 66
In the Lee-Harvard, Miles, and Mt. Pleasant neighborhoods, concerned
residents have worked alongside Empowering and Strengthening Ohio’s
People (ESOP), and the Concerned Citizens of Mt. Pleasant to re-claim
their community from the ravages of crime and foreclosures. Their efforts
have included tips that led to the raid of a suspected drug house. 67 In 2011,
the Concerned Citizens, along with ESOP, confronted two property owners
who owned run-down properties in the Mt. Pleasant neighborhood: first at
a community meeting, then at an
unannounced visit to the owners’
Cleveland Heights residence. 68
Concerned Citizens and ESOP’s
pressure led to the property
owners paying their outstanding
Housing Court fines. 69
Old Brooklyn is proud of its
green spaces, including the Ben
Franklin Community Gardens,
and the Treadway Creek Trail
and Greenway, a 21-acre park
that links the neighborhood to the Ohio and Erie National Heritage
Canalway Towpath Trail. 70 It annually participates in River Sweep,
touted as “Ohio’s largest done-in-a-day cleanup effort.” 71 and hosts many
community street festivals and events, such as Pedal for Prizes, Old
Brooklyn Wings & Things Cookoff, and Pop Up Pearl. 72
In the West Park area, the Hooley on Kamm’s Corners is the neighborhood’s
annual street festival. The festival features live entertainment, food, and
Celtic music. 73 Neighborhood residents are also working to purchase
the former St. Mark’s Episcopal Church from the Episcopal Diocese of
Cleveland. 74
Along Waterloo Road in North Collinwood, anchor businesses such as the
Beachland Ballroom and Tavern have helped transform that neighborhood
into a haven for music, art, and entertainment. Every summer for over
ten years, the neighborhood has also celebrated the Waterloo Arts
Fest, a street-wide festival along the aptly-named Waterloo Arts and
Entertainment District. 75
A Housing Specialist confers with an attorney and client in court,
far left. A Magistrate examines evidence during a hearing, middle
left. Court Watch members attend a session of Housing Court to
track a defendant’s sentence and to remind Prosecutors and the
Court of the importance of the case to the community. Top, this
page: A porch pillar in a historic district; one of many wellmaintained
homes in Cleveland neighborhoods, too often
overlooked by pundits; and a home owner paints his front porch.
27

Cleveland Public Theater, left, has been
a pivitol part of the public-private
partnership that created the Gordon
Square Arts District. A stome angel
adorning the landmark St. Coleman
Church. Cleveland’s places of worship
help to stabilize neighborhoods.
And Slavic Village, the neighborhood
often referred to as the “epicenter of the
foreclosure crisis,” takes pride in promoting
healthy, active living. A participant in the
Active Living by Design program of the
Robert Wood Johnson Foundation, Slavic Village focuses on family
health, from the Morgana Run Trail, a two-mile bicycling and walking
path, that serves as the site of an annual Pierogi Dash 5K Run and
Fun Walk, to the Velodrome, a 166-meter steel and wood Olympicstyle
cycling track, installed on a patch of vacant land where a hospital
once stood. 76
The longevity of each of these ideas, of course, is unknown. But
more important than their duration, these innovations represent the
commitment of residents of Cleveland’s neighborhoods to the reinvention
of Cleveland itself.
Cleveland’s neighborhoods are getting a hand from some larger partners, as
well. For example, the Cuyahoga County Land Reutilization Corporation,
known as the County Land Bank, is a non-profit organization that
strategically assesses abandoned or otherwise distressed properties, and
renovates or demolishes them. The Land Bank, which has accepted dozens
of property donations from Housing Court defendants, puts properties
into the hands of beneficial owners, returning them to productive use, and
keeps them out of the hands of real estate speculators. The Land Bank’s
work clears the way for new, positive ownership of the properties. Since its
inception in 2009, the Land Bank has made a difference on dozens of streets
throughout Cuyahoga County, helping neighbors in those communities take
pride in their homes, businesses and surroundings again. The actions of the
Land Bank and other large organizations within the City can supplement
and complement the work of the smaller, grass roots organizations, to
revitalize our City.
Evolution of the Housing Court
1970’s
1980’s 1990’s
Late 1970s City officials, state legislators and
community activists lobby for the creation of a
court to handle housing issues on the Cleveland
Municipal Court docket.
1980 Governor James A. Rhodes allows bill to become
law without his signature. The Court has five staff,
including Judge Joseph F. McManamon, who was
appointed by the legislature, and a Housing Specialist
and a bailiff. Judge McManamon wins election to
Cuyahoga County Common Pleas Court after serving
10 months as Housing Court Judge.
1987 Cleveland State
University Professor
W. Dennis Keating
prepares study: “An
1996 Judge Raymond L. Pianka takes office as the sixth
Housing Court judge.
1996 The Court creates the Warrant/Capias Unit, which
Evaluation of the tracks down criminal defendants who fail to appear in
1981 Governor Rhodes appoints Judge Robert
Malaga for a 1-year term. More than 920 code
Cleveland
Court.”
Housing Court. The Court establishes the Amicus Curiae volunteer
program.
. . . .
enforcement
. .
cases
.
are filed
.
in the Court’s
.
first
.
full
. . . . . . . . . .
year of operation.
1990 Judge William F. Corrigan takes office
as the fifth Housing Court judge.
28
1979 The Ohio General
Assembly passes legislation
creating the Housing Division
of Cleveland
Municipal Court.
1984 Judge Clarence Gaines
takes office, becoming the
fourth Housing Court judge
in four years.
1982 Judge Eddie Corrigan
takes office as Housing Court
judge. The Court creates its
first set of Local Rules.
1986 The Union Miles
Development Corp. spearheads
formation of the Cleveland
Housing Receivership Project,
comprised of neighborhood
groups that want to use
receivership as a tool to fight
abandoned houses.
1992 Housing Court
establishes its Civil
Mediation Program.
1993 The City of Cleveland
Department of Community
Development publishes its
Building & Housing Task
Force Report, recommending
an expansion of code
enforcement efforts.
1993 A historic South Boulevard home is condemned
and slated for demolition. The Cleveland Restoration
Society files a nuisance abatement case with Housing
Court, is appointed receiver, eventually restoring the
grand old home.

2000’s
2010’s
2003 The Court begins publishing a series of newsletters, later
expanded to include informational videos, on its web site.
2005 The Court begins working with Cleveland
Marshall School of Law students through
CSU’s Housing Clinical Program.
n Judge Pianka fines two South Carolina real
estate companies more than $13 million for failing
to fix derelict property.
n Court marks its 30th anniversary.
2007 The Court begins its Trials in Absentia
n Housing Court sentences defendants to
1997 Almost 4,000 foreclosure cases are
docket. Judge Raymond L. Pianka is Community Control (formerly known as
filed in Cuyahoga County, a rise from
previous years.
reelected without opposition.
probation) to monitor cases and properties owned
by defendants.
2007 The Court begins sending letters
.
1997
.
The Court
.
launches
.
the
.
Code
. . .
informing
. .
owners
.
of foreclosed
.
properties
. . .
n Housing
.
Court creates
.
Mental
.
Health Project to
Enforcers Program, now the Neighborhood
about their maintenance obligations connect mental health consumers with resources,
Advocates Program.
and rights.
improve compliance with court orders.
1999 The Court publishes
report, Beyond Broken
Windows.
1998 The Court begins the Selective
Intervention Program, pairing firsttime
offender owner-occupants
with Housing Specialists to achieve
compliance.
2008 Cleveland Housing Renewal Project sues
Deutsche Bank and Wells Fargo Bank in Housing
Court. Court grants temporary restraining order to
halt sales and ultimately orders properties brought up
to code through repair or demolition.
2008 The Court creates the Eviction Warrant Docket.
2008 The Court begins accepting comprehensive
plea agreements from volume owners in code
violation cases.
n Housing Court launches Neighborhood
Advocates Program.
n Housing Court subpoenas lienholders to appear
in criminal cases to discuss solutions for problem
properties.
n All housing-related Small Claims cases are
assigned to the Housing Court for hearing by
magistrates.
2010 The Cuyahoga County Land Bank is
established.
29

The Work Continues
Now in its fourth decade, the Housing Court
joins many of the entities at the forefront
of the effort to ensure our City remains a
community where families can live and
grow, entrepreneurship thrives, and the
health and well-being of residents is of
paramount importance.
The Cleveland Housing Court is one of the
busiest single-judge courts in Ohio. 77 The number of cases, though, tells
only a small part of the story. Many of the more than 17,000 cases filed in
the Court each year represent not only discrete legal problems for one or
two individuals, but often are signs or symptoms of larger issues. These
issues include homeowners in financial crisis, neglectful, absent owners
of rental property, and tenants disrespectful of their responsibilities and
neighbors.
The Court, focusing on its holistic, problem-solving mission, invests
time and effort into each of these cases, not only to resolve the legal
issues before it, but to solve systemic problems. To fulfill its mission, the
Court relies heavily upon its staff to provide innovative solutions to new
challenges. Thanks to the support of Cleveland City Council, the Housing
Court has been able to increase its staff to meet its responsibilities.
Groups interested in housing problems and solutions have recognized
the Housing Court’s commitment to innovation. Members of the
Housing Court staff have frequently presented and shared their ideas and
Across the city, a new
generation is
discovering the charm
of Cleveland’s front
porch neighborhoods
and pedestrian
scale, and bringing
neglected homes back
to life. Cleveland
Housing Court
continues to work
to preserve the
quality of life for all
Clevelanders as it
enters a new decade.
innovations at the National Vacant Properties Conference, Continuing
Legal Education programs, and various community outreach efforts.
Law and policy groups throughout the country, looking to address
housing issues in their own communities, have frequently looked to
the Housing Court as a “national model” for housing courts. 78 “What
is happening there is certainly at the forefront of initiatives seeking to
impose liability upon the owners of substandard properties,” Frank
S. Alexander, a professor at the Emory University School of Law, told
The Plain Dealer in 2010. 79 Housing Court has come a long way since
its first case in 1980. The creation of the Cleveland Housing Court
was the culmination of nearly four decades of community advocacy,
problem-solving, and creative ideas by individuals dedicated to
improving the lives of Cleveland’s residents.
But the work of Cleveland Housing Court is not done. The Court
continues to bringing new solutions to increasingly complicated problems,
and remains dedicated to the spirit of problem-solving and innovation
that promulgated the first calls for
a Housing Court in Cleveland.
In this way, the Housing Court will
continue to build on more than
35 years of progress—solving
problems and strengthening
the community, house by
house, block by block, and
neighborhood by neighborhood.
30

Notes
The Early Years: The Emergence of an Idea
n 1 William Dennis Keating &Norman Krumholz, CLEVELAND: A METROPOLITAN READER
43 (Kent State University Press, ed. 1995). n 2 Id. n 3 348 U.S. 26, 36 (1954). n 4 Id. at 32-33.
n 5 See Ray Dorsey, Councilmen Back Open-Type Garage for Parking in City, THE PLAIN DEALER,
Apr. 5, 1950, at 2 (discussing attendance of Cleveland City Council members at the conference, and
their favorable impressions of the Baltimore Housing Court). n 6 John G. Blair and Odell M. Smith,
Cleveland Lags Far Behind Baltimore in Housing, Visitors Find, THE PLAIN DEALER, Apr. 16,
1954, at 1A. n 7 Fix Up Slums, Says Editor to Owners, THE PLAIN DEALER, Apr. 30, 1950, at 6F.
n 8 Baltimore Aide Views Rigid Codes as Key to City Fixup, THE PLAIN DEALER, Sept. 25, 1952,
at 22. n 9 Bankers Prodded on Urban Tasks: St. James A.M.E. Pastor Asks Redevelopment Aid, THE
PLAIN DEALER, June 13, 1953, at 8. n 10 Report Says Housing Code Important in Fight on Slums,
THE PLAIN DEALER, July 19, 1953, at 3E. n 11 Eugene Segal, Full Time Housing Court Called
Need by Corrigan, THE PLAIN DEALER, Apr. 25, 1954, at 22B. n 12 Editorial, Too Much Wrist
Slapping, THE PLAIN DEALER, Oct. 6, 1959, at 12. n 13 Urban League Backs Better Housing Push,
THE PLAIN DEALER, Apr. 14, 1961, at 25. n 14 Donald Sabath, Praise of Two Landlords Brings on
Heated Debate, THE PLAIN DEALER, Jan. 21, 1964, at 17. n 15 Pilot Rehabilitation Urged in Ward
21, THE PLAIN DEALER, Feb. 1, 1965, at 16.
Social and Political Change Bolsters the Call
for a Housing Court
n 16 Clinic Sought to Aid Fight on Blight, THE PLAIN DEALER, Apr. 4, 1965, at 28A.
n 17 Stokes Pledges War on Landlords, THE PLAIN DEALER, Sept. 9, 1965, at 67. n 18
See OHIO REV. CODE §§ 5321.01-5321.19. n 19 Donald Sabath, City Is Losing Battle
to Stem Urban Blight, THE PLAIN DEALER , Mar. 23, 1972, at 2B. n 20 William C.
Barnard, Housing Fines Here Average Only $15, THE PLAIN DEALER, Dec. 23, 1966, at 1.
n 21 Roldo Bartimole, City in Housing Crisis, PATH Study Concludes, THE PLAIN DEALER, Mar.
14, 1967, at 1. n 22 Robert E. Miller, Bill Would Set Up Courts to Fight Slumlords, THE PLAIN
DEALER, Feb. 15, 1979, at 26A. n 23 Housing Court Is Proposed, WEST SIDE SUN (Cleveland),
Feb. 8, 1979. n 24 See, e.g., Katherine L. Hatton, The Time for Cleveland Housing Court Is Now,
THE PLAIN DEALER, Mar. 4, 1979, at 29; F. Ross Ellis, Letter to the Editor, Housing Judge Idea
Backed, THE PLAIN DEALER, Mar. 23, 1979, at 22A; Councilmen Testify in Favor of Housing
Court Bill, THE PLAIN DEALER, Mar. 31, 1979, at 10E. n 25 See S.B. 35, 113th Gen. Assemb.
(Ohio 1979), codified at OHIO REV. CODE § 1901.011. n 26 Special City Housing Court Born as
Rhodes Skips Veto, THE PLAIN DEALER, Jan. 1, 1980. n 27 Robert Jaquay, Cleveland’s Housing
Court: A Grassroots Victory 25 Years Ago Paved the Way for a Reliable, Much Needed Institution,
SHELTERFORCE ONLINE (NAT’L HOUSING INST.), no. 141, 2005, available at http://nhi.org/
online/issues/sf141.html.
After a Slow Start, Housing Advocates Win the Day
n 28 Id. n 29 Bob Schlesinger, Judge Malaga Nudges Delinquent Owners to Repair Their Run-
Down Properties, THE CLEVELAND PRESS, Apr. 13, 1981. n 30 See W. Dennis Keating, Judicial
Approaches to Urban Housing Problems: A Study of the Cleveland Housing Court, 19 THE URBAN
LAWYER 345 (1987)
Proactive Court
n 31 Angela D. Chatman, Judge Wants to Get Housing in Order, THE PLAIN DEALER, Feb. 15, 1992,
at 31. n 32 Dave Davis, Contempt for Dumping: Cleveland Judges Drop Gavel on Illegal Junk, THE
PLAIN DEALER, Mar. 4, 1992, at 1B. n 33 David Plata, Stadler Citation, Penalties Being Sought,
THE PLAIN DEALER, May 12, 1994, at A1.
New Challenges Test the Court...the 2000’s
n 34 Mallach, Levy, Schilling, CLEVELAND AT THE CROSSROADS, 5 (2005).
n 35 Mallach, Levy, Schilling, CLEVELAND AT THE CROSSROADS (2005). n 36
Hon. Raymond L. Pianka, Abandoned Properties: Facing the Challenge, available at http://www.
clevelandhousingcourt.org/hc_rd_b.html. n 37 Bob Paynter, From Ramshackle to Riches: A Boom in
Houses of Cards, THE PLAIN DEALER, Aug. 28 2000, 1A. n 38 See Alex Kotlowitz, All Boarded
Up, THE NEW YORK TIMES, Mar. 4, 2009, available at http://www.nytimes.com/2009/03/08/
magazine/08Foreclosure-t. html?pagewanted=all&_r=0. n 39 Bob Paynter, From Ramshackle to
Riches: A Boom in Houses of Cards, THE PLAIN DEALER, Aug. 28 2000, 1A. n 40 Id. n 41 Id. n 42
Bob Paynter, Entrepreneur to Serve Time in Condemned Rental House, THE PLAIN DEALER, Aug.
31, 2000, 1A. n 43 Local Real Estate Flipper Sentenced to Federal Prison, THE NEIGHBORHOOD
NEWS (Cleveland), Jan. 25, 2006. n 44 C.C.O. § 659.02. n 45 Am. Fin. Serv. Ass’n v. Cleveland,
112 Ohio St.3d 170, 2006-Ohio-6043, 858 N.E.2d 776. n 46 C.C.O. § 367.12. n 47 C.C.O. §§
601.99(a), (c). n 48 Thomas Ott, Housing Judge Hammers the Banks, THE PLAIN DEALER,
Mar. 15, 2006, at B3. n 49 Joe Milicia, Cities Fight Glut of Vacant Houses, THE ASSOCIATED
PRESS, Feb. 2, 2008, http://www.foxnews.com/printer_friendly_wires/2008Feb05/0,4675,
ForeclosureCrisisAbandonedHomes,00.html. n 50 Sandra Livingston, Program Uses Decorative Boards
to Try to Blend Vacant Homes into Cleveland Neighborhoods, THE PLAIN DEALER, Aug. 25, 2010.
n 51 Id.
Revitalization and Resilience
n 52 Shawn Rech, Holding Court in a Crisis: Cleveland Housing Court Judge Raymond
Pianka, SUITES MAGAZINE, Fall 2009, at 16-17. n 53 See Alex Kotlowitz, All Boarded Up, THE
NEW YORK TIMES MAGAZINE, Mar. 8, 2009, available at http://www.nytimes.com/2009/03/08/
magazine/08Foreclosure-t.html?pagewanted=all&_r=0 (“The city estimates that 10,000 houses,
or 1 in 13, are vacant. The county treasurer says it’s more likely 15,000.”); see also PBS News Hour,
Raze the Roof Cleveland Levels Vacant Homes to Revive Neighborhoods, (original broadcast July 5,
2011), available at http://www.pbs.org/newshour/bb/business/july-dec11/makingsense_07-05.html
(“Cleveland alone host some 13,000 vacant homes, and the numbers keep piling up.”); 60 Minutes,
There Goes the Neighborhood (original broadcast Dec. 18, 2011), available at http://www.cbsnews.
com/8301-18560_162-57344513/there-goes-the-neighborhood/ (Cuyahoga County ripped down 1,000
[vacant homes in 2011]. And they have 20,000 more to go.”). n 54 2009-2012 OHIO SUPREME
COURT REPORTS FOR CLEVELAND MUNICIPAL COURT, HOUSING DIVISION (on file
at Cleveland Housing Court, and available upon request). n 55 2012 OHIO SUPREME COURT
REPORTS FOR CLEVELAND MUNICIPAL COURT, HOUSING DIVISION (on file at Cleveland
Housing Court, and available upon request). n 56 Mark Frater, Colleen Gilson, Ronald J.H. O’Leary,
CITY OF CLEVELAND CODE ENFORCEMENT PARTNERSHIP (2009), available at http://
www.communityprogress.net/filebin/pdf/ CLE_CE_Partnership.pdf. n 57 Sylvia Gets a Makeover,
CUYAHOGA LAND BANK (Apr. 16, 2012), http://blog.cuyahogalandbank.org/2012/04/sylviagets-a-makeover/.
n 58 Ted Kortan, Ribbon-Cutting Caps Building Renovation in Cleveland’s Detroit
Shoreway Neighborhood, NEWSNET5.COM (May 15, 2012), http://www.newsnet5.com/dpp/
news/local_news/cleveland_metro/Ribbon-cutting-caps-building-renovation-in-Clevelands-Detroit-
Shoreway- neighborhood. n 59 Ted Kortan, Cleveland Woman Returns to Her Home Since 1945
After Renovation, NEWSNET5.COM (May 28, 2012), http://www.newsnet5.com/dpp/news/local_
news/cleveland_metro/Cleveland-woman-returns-to-her-home-since-1945-after-renovation n 60 Id.
n 61 LARCHMERE PORCH FEST, http://larchmereporchfest.org/ (last visited May 15, 2013).
n 62 CornUCopia Place, BURTON, BELL, CARR DEVELOPMENT, INC, http://www.
bbcdevelopment.org/cornucopia-bbcd/ (last visited May 15, 2013); Welcome to Bridgeport Café,
BRIDGEPORT CAFÉ CLEVELAND, http://www.bridgeportcafe.com/ (last visited May 15, 2013).
n 63 VINEYARDS OF CHATEAU HOUGH, http://chateauhough.org/ (last visited May 15, 2013).
n 64 Joe Pagonakis, Could Goats Replace Lawn Mowers in Maintaining Cleveland Inner City
Vacant Lots?, NEWSNET5.COM (June 12, 2012), http://www.newsnet5.com/dpp/money/consumer/
troubleshooter/could-goats-replace-lawn-mowers-in-maintaining-cleveland-inner-city-vacant-lots.
n 65 About, THE CLEVELAND FLEA, http://theclevelandflea.com/about/ (last visited May 15, 2013).
n 66 See Clint O’Connor, Capitol Theater’s Unexpected Success Spurs Revival of Cleveland’s Gordon
Square Arts District, THE PLAIN DEALER, Oct. 16, 2012, available at http://www.cleveland.com/
moviebuff/index.ssf/2012/10/capitol_theatres_unexpected_su.html; see also Neighborhood Residencies
“At Home”, THE CLEVELAND ORCHESTRA, http://www.clevelandorchestra.com/at-home.aspx
(last visited May 9, 2013). n 67 Donna J. Miller, City Pledges to Help with Mt. Pleasant Cleanup, THE
PLAIN DEALER, Oct. 5, 2010, at B2 n 68 Pat Galbincea, Cleveland Residents Confront Landlord, THE
PLAIN DEALER, Aug. 11, 2011, at B6; Direct Action Against Slumlords Karla Shim and Evon Gocan,
THE ESOP BLOG (Sept. 14, 2011), http://esopblog.wordpress.com/2011/09/14/direct-action-againstslumlords-karla-shim-and-
evon-gocan/. n 69 See Cleveland v. Karla Shim, No. 2009 CRB 16953
(Clev. Mun. Ct. 2011) (showing fine paid in full). n 70 See Ben Franklin Community Garden, OLD
BROOKLYN COMMUNITY DEVELOPMENT CORPORATION, http://www.oldbrooklyn.com/
BFCG/ (last visited May 13, 2013).Treadway Creek Greenway Restoration and Trail Fact Sheet, OLD
BROOKLYN COMMUNITY DEVELOPMENT CORPORATION, http://www.oldbrooklyn.com/
Treadway/treadway.html (last visited May 13, 2013). n 71 Events, OLD BROOKLYN COMMUNITY
DEVELOPMENT CORPORATION, http://www.oldbrooklyn.com/specialevents.html (last visited May
13, 2013). n 72 Id. n 73 The Hooley on Kamm’s Corners Offers Fun All Day, 13 KAMM’S CORNERS
MAGAZINE, no. 2, 2013 at 8, available at http://www.kammscorners.com/Magazine/13Spring.pdf.
n 74 A Place for the Arts in West Park?, 13 KAMM’S CORNERS MAGAZINE, no. 2, 2013 at 15,
available at http://www.kammscorners.com/Magazine/13Spring.pdf. n 75 See Joe Crea, Waterloo
Road Renaissance Underway in Cleveland’s Collinwood Neighborhood, THE PLAIN DEALER,
Feb. 20, 2013, available at http://www.cleveland.com/entertainment/index.ssf/2013/02/waterloo_road_
renaissance_unde.ht ml; see also Waterloo Arts Fest, ARTS COLLINWOOD, http://waterlooartsfest.
com/new/ (last visited May 14, 2013). n 76 See Living Active, BROADWAY SLAVIC VILLAGE
DEVELOPMENT, http://slavicvillage.org/livingactive/morganaruntrail (last visited May 14, 2013);
see also Mission, Vision, and History – Cleveland Velodrome, FAST TRACK CYCLING, http://
clevelandvelodrome.org/# (last visited May 14, 2013).
The Work Continues
n 77 See, e.g., SUPREME COURT OF OHIO, 2011 COURTS STATISTICAL REPORT 194, available
at http://www.supremecourt.ohio.gov/publications/annrep/11OCS/2011OCS.pdf; SUPREME COURT
OF OHIO, 2010 COURTS STATISTICAL REPORT 193, available at http://www.supremecourt.ohio.
gov/Publications/annrep/10OCS/2010OCS.pdf. n 78 See, e.g. Heather K. Way, Michelle McCarthy,
John Scott, BUILDING HOPE: TOOLS FOR TRANSFORMING ABANDONED AND BLIGHTED
PROPERTIES INTO COMMUNITY ASSETS, A REPORT ON DALLAS, TEXAS 17 (Univ. of Texas
School of Law, Cmty. Dev. Clinic 2007), available at https://www.utexas.edu/law/clinics/community/
buildersofhope.pdf; see also Frannk C. Bracco, AN INCREMENTAL APPROACH TO IMPROVING
CODE ENFORCEMENT AND COMPLIANCE IN CLAYTON COUNTY, GA (Clayton Archway
Partnership 2010), available at http://archwaypartnership.uga.edu/wp- content/uploads/2010/03/codeenforcement_march2010.pdf.
n 79 Sandra Livingston, Making Absentee Owners Pay: Judge Wants
Them to Cover the Losses that Neighbors Sustain, THE PLAIN DEALER, Aug. 2, 2010, at A1.
32

Cleveland Housing Court Judges
From Founding To Present
Joseph F. McManamon
April 1980-November 1980
Robert S. Malaga
November 1980-December 1982
Eddie Corrigan
January 1982-December 1984
Clarence L. Gaines
January 1984-December 1989
William F. Corrigan
January 1990-December 1995
Raymond L. Pianka
January 1996-Present

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