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Home My WebLink AboutTRC CC Work Session 5.13.25Tuesday, May 13, 2025 Tenant Right to Counsel Work Session Commission Priority for 2024-2026: Res. 5626 Work Session Agenda •Overview of Right to Counsel •Basics of the MT Residential Landlord Tenant Act (MRLTA) •Bozeman’s authority to establish a Tenant’s Right to Counsel (TRC) Program •Overview of TRC programs around the country •Evictions in Bozeman •Considerations in creating a program •Discussion and Commission Direction 1.Does the Commission want to move forward with a TRC program? 2.If so - what are the primary goals of the program? 3.What is the scope of program and eligibility of participants? 4.What community engagement formulating the program does the Commission desire? Right to Counsel Generally •Constitutional right in criminal cases and post conviction relief •No constitutional or statutory right to counsel for tenants in MT Basics of MT Residential Landlord Tenant Act (MRLTA) •Establishes rights and duties of tenants and landlords •Provides statutory procedures for litigating disputes •“Possession” claims by landlord filed after eviction •Gallatin County Justice Court Bozeman’s Authority to Establish a TRC Program •“Right” to Counsel or a “right” to counsel? •Currently restricted by current law for mandatory program •No current legal constraints for voluntary •Identify “public purpose” for the use of public funds TRC Programs •Codified obligation for government to provide counsel to eligible tenant •National Coalition for a Civil Right to Counsel •5 States; 2 counties; 19 cities have TRC Other Programs focused on Eviction Prevention and Housing Stability •Access to Counsel programs •Rental Assistance programs •Mediation programs •Education programs •Eviction Diversion programs •TRC Programs and other programs focused on eviction prevention and housing stability do reduce the number of evictions and do increase the chance of staying in a home and decrease the disruption of displacement Bozeman Evictions •2023: 115 LL/T actions filed for properties located within city limits o 111 actions initiated by Landlords •17 properties owned by individual; 94 properties owned by LLC, LLP, business entity etc. o 95 Landlords represented; 3 Tenants represented o Reason for litigation: •94 nonpayment of rent (on average $4802.52 owed) •6 unauthorized occupants •9 rule violations o Outcomes •50 dismissed (45%) •38 monetary judgment and possession awarded; 6 possession only awarded •15 pending Bozeman Evictions •2024: 123 LL/T actions filed for properties located within city limits o 121 actions initiated by Landlords •11 properties owned by individual; 110 properties owned by LLC, LLP, business entity etc. o 109 Landlords represented; 4Tenants represented •Tenants filed and answer in 32 cases of those, 9 then appeared in court cases o Reason for litigation: •109 nonpayment of rent (on average $3960.92 owed) •7 unauthorized occupants •9 rule violations o Outcomes •57 dismissed (47%) •42 monetary judgment and possession awarded; 1 possession only awarded •19 pending •What these numbers don’t tell us… Considerations for TRC Program in Bozeman •Goal: What does the City Commission hope to achieve from a TRC or some type of eviction prevention program? •Scope: o At what point in the process could people access program? Prior to receiving notice from LL? After notice of termination? When complaint served? o How long would representation last? Limited or full? o Eviction due to unpaid rent only? Or all alleged lease violations? o Affirmative litigation? •Eligibility: o AMI – what documentation would be required? o Families? Senior Citizens? Students? o Is the program open to Landlords and Tenants? Public Comment To date the City has received 120 comments. Public Comment is generally in support of a TRC program, but the comments also highlight the importance of City Commission clearly defining the following: •Goal •Scope •Eligibility Next Steps -Stakeholder conversations to determine best way to implement Commission direction and compliment/not duplicate other efforts -Explore funding sources -Develop program for adoption by CC along with any implementing legislation if desired -RFP for procurement of services to fulfill and deliver program goals and objectives 1.Does the Commission want to move forward with a TRC program? 2.If so - what are the primary goals of the program? 3.What is the scope of program and eligibility of participants? 4.What community engagement formulating the program does the Commission desire? •Would the program provide services for all tenant’s rights under the MRLTA? •Would the program provide services to a tenant to defend against any claim made by landlord against the tenant under the MRLTA? •Would the program only cover claims made under the MRLTA or be broader to provide services outside of or to avoid MRLTA claims? For example, under the MRLTA a landlord who has terminated a lease and evicted a tenant can file an action under the MRLTA for possession. Would the program apply prior to the notice of termination, only upon notice of termination, or only once a claim has been filed by the landlord in Justice Court? •Would the program provide services to tenants who are at risk of violating provisions of a lease or the MRLTA? For example, would the program provide services to assist a tenant in negotiating payment of past-due rent to avoid termination of the lease? •Would the program cover situations where a tenant feels the landlord has not delivered possession of the property to the tenant or where the tenant alleges a landlord is in violation of the landlord’s duty to maintain the premises or provide essential services, such as heat or running water? •Would the program cover unlawful or unreasonable entry, or unlawful ouster by the landlord? •Would the program cover counterclaims by a tenant regarding rent? •Would the program cover a tenant’s defense of a claim by the landlord for the tenant’s failure to maintain the premises? •Would the program cover a tenant’s defense of a landlord’s claim the tenant abandoned the property? •Would the program cover claims by a tenant the landlord is retaliating against the tenant? •Would the program cover claims by tenants the landlord is wrongfully withholding a security deposit? •Are there income or other thresholds a tenant will need to demonstrate to qualify for assistance in the program? •Would tenants who are eligible for legal services through existing programs, such as ASMSU Legal Services, also be eligible for the City program? •Will the program have limitations on the scope of services such as if services are provided for a claim brought by a landlord in Justice Court would the services also include any appeals? •Will there be a co-pay requirement for the tenant? •If a tenant is successful in an action and is awarded attorney fees, must the tenant, as a condition of receiving services under the program, return all awarded attorney fees to the program? •Would the program be available to a tenant only if the landlord is represented by counsel? •Should the program include collection of data to demonstrate the effectiveness of a program? •Are there any aspects of the landlord/tenant relationship the program should not cover? For example, if a landlord terminates a lease for violations of the lease for things such as having too many people living in the unit or having a pet where the lease prohibited the pet would the program cover these items?