HomeMy WebLinkAbout25- Ordinances 2025-11 - Adopting a Tenant's Right to Civil Counsel and a Landlord-Tenant Mediation ProgramORDINANCE 2025-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ADOPTING A TENANT’S RIGHT TO CIVIL COUNSEL AND A
LANDLORD/TENANT MEDIATION PROGRAM.
WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to establish programs and laws to protect public the health, safety, and welfare of the
citizens of Bozeman; and
WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may
exercise any power not prohibited by the constitution, law or charter and neither the Montana
Constitution, state law, or the City Charter prohibits the City Commission from adopting this
Ordinance; and
WHEREAS, on August 6, 2024, the City Commission adopted Resolution 5626
establishing the development of a tenant right to counsel program as a priority of the City
Commission to further implement the strategic plan goal to create a Safe, Welcoming Community
for all to thrive; and
WHEREAS, on December 2, 2025, the City Commission adopted Resolution 2025-77
Adopting Commission Goals for a Tenant’s Right to Counsel Program and a Landlord/Tenant
Mediation Program to memorialize the intention of the programs created by this Ordinance; and
WHEREAS, over half of the residents of Bozeman are tenants; and
WHEREAS, over 100 eviction actions were filed against Bozeman residents in both 2023
and 2024 and less than 1% of the tenants over this two-year period were represented by counsel;
and
WHEREAS, in cities that provide a right to counsel to tenants in eviction cases, data shows
a reduction in displacement of families and individuals, an increase of fairness in eviction
proceedings, and a demonstrable reduction in social, economic, and public health impacts and
costs related to housing; and
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WHEREAS, providing mediation in landlord/tenant disputes benefits both tenants and
landlords by providing a neutral third party to seek mutually agreeable solutions through facilitated
conversation, thereby reducing court filings saving both tenants and landlords money, and
reducing the imposition of judgements and evictions that may impact a person’s ability to obtain
future housing.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That under Chapter 2, a new Article 9, Division 1 shall be created and shall be codified as follows:
“Article 9: Housing
Division 1: Tenant Right to Counsel/Mediation
Sec.2.09.100. – Purpose.
Sec. 2.09.110. – General.
Sec. 2.09.120. – Definitions. Sec. 2.09.130. – Provision of legal services – Tenant Right to Counsel. Sec. 2.09.140. – Mediation. Sec. 2.09.150. – City Manager Authority/Reporting.
Sec. 2.09.100 – Purpose. The purpose of this division is to provide a tenant’s right to counsel program and a landlord/tenant mediation program to support housing stability for residents and property owners.
Sec. 2.09.110 – General. A.The responsibility to represent a tenant, with or without funding allocations and availabilityof a program, does not rest with the City Attorney’s Office nor will the City Attorney’sOffice represent any landlord or tenant.
B.Nothing in this division creates a procedural or substantive right to the benefit of an
individual and nothing in this division may be interpretated to obligate, interfere, or directa court.C.Nothing in this division binds future funding appropriations.D.The provisions of this division do not apply to contractual relationships for
accommodations such as: hotel, motel, boarding house, guest house, short-term rental,
transitional or emergency housing; employers providing employee housing; universityowned and operated housing; fraternities and sororities, residences at a public or privatecommunity residential facility all as defined in chapter 38; or a facility providingmedical, geriatric, counseling, or religious services.
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E.Nothing in this division requires a tenant to obtain legal services, a landlord or tenant toparticipate in mediation, or any person to forego other rights they may have.
Sec. 2.09.120. – Definitions.
A.The following words and phrases, whenever used in division, have the meanings ascribedto them in this section, except where the context clearly indicates a different meaning:
1.“Tenant” means a person residing within the city who is entitled under a rentalagreement to occupy a residential dwelling unit to the exclusion of others, whohas no ownership interest in the property, and who is a signatory on the rentalagreement.
2.“Landlord” means a person or entity that owns residential property within the city
and who has entered an agreement to rent the property to one or more tenants.For the purposes of this division, a duly authorized property managementcompany or manager may act on behalf of a landlord, with permission, as hereindefined.3.“Covered proceeding” means proceedings related to a tenant’s residenceincluding but not limited to mediation, civil actions by a landlord for possession,damage claims, counterclaims including claims for return of a security deposit, atenant’s claims related to maintenance of the property, and an appeal of any such
proceedings.4.“Legal services” means civil legal representation and all related legal advice,advocacy, and assistance associated with such representation provided by anattorney licensed to practice law in Montana and employed or associated with aservice provider contracted by the city, consistent with the attorney’s obligations
established by the Montana Rules of Professional Responsibility.5.“Mediation services” means mediation conducted by a mediator with specifictraining in landlord and tenant law and related issues.
Sec. 2.09.130 Provision of legal services – Tenant Right to Counsel.
A.The city hereby establishes, and the city manager must implement to the extent funding
is appropriated or received, a Tenant Right to Counsel Program to provide legal servicesfor a tenant in a covered proceeding.B.A tenant with an agreement with a landlord for the tenant’s use of the landlord’s propertyis eligible for civil legal services for covered proceedings.
C.A tenant facing eviction may access legal services, regardless of whether an action for
possession has been filed in court, to communicate with a landlord, formally or informallymediate with a landlord, or defend an action for possession or other covered proceedings.Counsel for the program may agree to initiate litigation on behalf of a tenant if suchlitigation fulfills the purpose of this division.
D.A tenant receiving housing choice vouchers through the Federal Department of Housing
and Urban Development may access legal services for covered proceedings.E.Legal representation of a tenant through a contracted provider of legal services creates anattorney-client relationship. Legal services may include, but are not limited to, full
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representation of a tenant in a covered proceeding or limited scope representation of a tenant when appropriate and agreed to by the attorney and client.
F.A tenant who has obtained legal services must seek mediation with the landlord, to the
extent practical, as a requirement of accessing legal services.
Sec. 2.09.140 Mediation
A.The city hereby establishes, and the city manager must implement to the extent fundingis appropriated or received, a Landlord/Tenant Mediation Program to provide mediation
services at no charge to either party.B.All landlord and tenants with a rental agreement for a residential property within the cityare eligible for mediation services when funded and implemented by the city.C.The Landlord/Tenant Mediation Program will be available to both voluntarily initiatedmediation and court ordered mediation.
D.Except where otherwise required by law, mediations and any agreements reached by theparties are confidential.
Sec. 2.09.150 City Manager Authority/Reporting
A.The city manager is authorized to establish procedures and criteria for selection ofcontracted service providers consistent with this division, commission resolution,applicable law, and city policy.
B.The city manager, based on budgetary and resource availability, may implement
additional eligibility requirements or implement a prioritization for covered proceedingsand mediation services to ensure program effectiveness, or to comply with fundingrequirements.C.The city manager must develop reporting requirements including data collection
requirements for an entity contracting with the city for legal services or mediation
services.
D.Criteria related to a tenant’s qualifications may be developed by the city manager whenrequired by funding sources.”
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
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Section 3
Savings Provision.
This Ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
The provisions of Section 1 shall be codified as appropriate in Chapter 2 of the Bozeman
Municipal Code.
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 2nd day of December 2025.
____________________________________
TERENCE CUNNINGHAM
Mayor
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ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
________________________________
GREG SULLIVAN
City Attorney
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, on second reading at a regular session therefor held on the 16th day of
December 2025.
____________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
________________________________
GREG SULLIVAN
City Attorney
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