The bill amends section 5744 of the Revised Judicature Act of 1961, focusing on the issuance of writs for possession in summary proceedings. It stipulates that a court must issue a writ commanding a court officer, sheriff, or local law enforcement to restore the plaintiff to full possession of the premises by removing all occupants and personal property. The bill outlines specific conditions under which a writ of restitution may be issued immediately after a judgment for possession, including situations involving health hazards, unlawful possession, or noncompliance with housing laws.

Additionally, the bill modifies the waiting period for issuing a writ of restitution after a judgment for possession. It changes the waiting period from 10 days to 14 days unless specific conditions apply, such as the forfeiture of an executory contract for the purchase of the premises. The bill also clarifies that if a judgment for possession is based on nonpayment or breach of contract, the writ of restitution cannot be issued if the owed amount is paid within the specified time. Furthermore, it states that the issuance of a writ following a judgment for possession due to contract forfeiture eliminates any equitable right of redemption for the purchaser.

Statutes affected:
House Introduced Bill: 600.5744