HomeMy WebLinkAboutResolutions 2025-77 - Tenant's Right to Counsel Program and a Landlord/Tenant Mediation ProgramVersion February 2023
RESOLUTION 2025- 77
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ADOPTING COMMISSION GOALS FOR A TENANT’S RIGHT TO
COUNSEL PROGRAM 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 health, safety, and welfare of the
residents of Bozeman; and
WHEREAS, on August 6, 2024, the City Commission adopted Resolution 5626
establishing a tenant right to counsel program as a priority of the City Commission to further
implement the strategic plan aim to create a Safe, Welcoming Community for all to thrive; and
WHEREAS, on May 13, 2025, the City Commission held a work session on the tenant
right to counsel, and;
WHEREAS, on December 2, 2025, the City Commission provisionally adopted Ordinance
2025-11 establishing a Tenant Right to Counsel and a Landlord/Tenant Mediation Program; and
WHEREAS, the purpose of this Resolution is to establish program goals for the Tenant’s
Right to Counsel Program, the Landlord/Tenant Mediation Program, and a program to facilitate
enhanced education of the community regarding a landlord’s and tenant’s rights and duties.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that a Tenant Right to Counsel Program (TRC) and a Landlord/Tenant
Mediation Program (Mediation) (collectively the “Programs”) are established pursuant to
Ordinance 2025-11 and this Resolution establishes goals for the program to be considered by the
City Manager in implementing the Programs.
I. Goals of the Programs
Recognizing over half of Bozeman’s residents are tenants, the goals of the Programs include
housing stability, eviction prevention, ensuring fairness in the legal process, informed tenants and
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landlords, and cost and time savings to tenants, landlords, and the community. In addition, the
Programs seek to facilitate a better understanding among landlords and tenants of the issues facing
each other and to improve communication between landlords and tenants. The Commission
determines that when housing is stabilized and formal evictions avoided, the broader community
including employers, schools, and the judicial system, benefit. In addition, the Commission
intends TRC, Mediation, and education efforts to be more effective when established and
functioning in concert.
II. Tenant Right to Counsel Program
Ordinance 2025-11 describes the TRC.
Purpose: The Commission recognizes the landlord/tenant relationship is one that is rooted in the
Montana Residential Landlord Tenant Act and memorialized through a contractual relationship.
As such, the Commission finds an attorney representing a tenant can provide valuable assistance
as the tenant navigates their legal rights and duties in relation to their tenancy.
Eligibility/priority: The Commission desires there be limited barriers to TRC and eligibility
requirements be as minimal as possible and that legal counsel be available to a tenant prior to an
eviction proceeding commencing. If funding for the TRC is with monies that require specific
eligibility requirements such as income level, the city manager may establish eligibility
requirements that are based on the requirements of the funding program. The Commission
determines that priority of resources will be given to tenants with children, the elderly, and tenants
with disabilities. Providing legal services to tenants related to their primary residence or resolving
issues from a prior residence is the intent of this program. It is not the intent for persons with long
term residential leases for second or subsequent properties obtain counsel under this program.
Program components: TRC provides civil legal services to tenants within the city for issues
related to their housing or eviction. Participation in TRC creates an attorney-client relationship
and legal counsel may advise and provide resources and assistance to tenants as the attorney deems
appropriate in their professional opinion and in accordance with the Montana Rules of Professional
Conduct. Both full and limited scope representation is available through TRC.
III. Landlord/Tenant Mediation Program
Ordinance 2025-11 describes Mediation.
Purpose: The purpose of Mediation is to resolve disputes between a tenant and landlord with the
assistance of a neutral third party prior to or in lieu of seeking a judicial resolution. Mediation can
provide the parties autonomy in how their disputes are resolved and an opportunity to create
solutions that work for both the tenant and a landlord. Mediation can prevent or shorten litigation
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and reduce the demand on the judicial system. Further, mediated resolutions may establish a more
viable path to allow tenants to remain in the residence, to negotiate a dignified departure from the
residence, to ensure the residence is well maintained, and to provide landlords an opportunity to
address the landlord’s interests including lease violations or overdue rent.
Eligibility: All landlords of residential property within the city and all residential tenants leasing
within the city with a lease agreement to which they are a party may initiate and otherwise
participate in Mediation at no cost to either the landlord or tenant.
Program components: Mediation is confidential and available either by voluntary agreement of
the parties and upon a court order when the residential property at issue is located within the city.
Mediators are encouraged to memorialize the agreement of the parties in writing. Either party –
the landlord or the tenant – may initiate mediation. Mediation is a critical aspect of the
Commission’s goals; as such a tenant who accesses TRC must also attempt to mediate the dispute
with the landlord, to the extent practical.
IV. Education and Data Collection
The Commission determines education to be as important to ensuring housing stability as TRC
and Mediation, and a robust program to collect data can ensure the Programs are effective in
achieving their goals.
Education: For the Programs to be effective, the community must be aware the Programs exist.
The city manager must develop and deploy an education campaign regarding the Programs and
the rights and duties of both tenants and landlords. The educational campaign must seek to
improve the landlord/tenant relationship and strive to bridge gaps and improve relationships
between landlord and tenant organizations.
Data: Except for data collection necessary to ensure the efficacy of the Programs, information
regarding the legal representation of a tenant or the parties’ participation in mediation is
confidential. The city manager must identify the categories of information the City will collect to
ensure the Programs are effective and the entity providing TRC services and the vendor providing
Mediation services must collect and share with the City such data. Data may include demographic
and socioeconomic data provided in the aggregate and exit survey data from tenants and landlords
accessing the Programs.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 2nd day of December 2025. This
Resolution is effective upon the effectiveness of Ordinance 2025-11.
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___________________________________
JOEY MORRISON
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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