All about Louisville's eviction right to counsel
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
02/03/2023, Legislation, Housing - Evictions
UPDATE: RTC program expanded!
Louisville's RTC ordinance has been amended to remove the requirement that a qualifying tenant have children. According to Louisville Public Media, this may double the number of eligible tenants. The expansion is proof of the value of enacting even a limited right to counsel, as the limits can be removed once the value of the program is further demonstrated.
UPDATE: RTC program renewed with general fund revenue
Louisville's eviction right to counsel program, which was funded with Emergency Rental Assistance Program (ERAP) housing stability funds in its first year, is now funded by general revenue, thus stabilizing the program for the future.
UPDATE: Louisville media checks in on RTC program
The Courier-Journal reports that over 700 households have been assisted by Louisville's right to counsel program, although due to eligibility requirements (125% of poverty level and having a child) another 1,400 households didn't qualify and received legal services from the Legal Aid Society of Louisville through other funding sources. And Wave reports that "Louisville Metro rent prices have jumped more than 12% in the past two years, compared to a 6.5% jump in the previous two years", increasing the need for right to counsel.
In April 2021, Louisville KY became the first city in the South, and the 9th city overall, to enact a right to counsel for tenants facing eviction, provided the tenants have at least one child and are income eligible. The right to counsel is at the moment funded by $400,000 in federal Emergency Rental Assistance funds.
The Louisville Courier-Journal has more.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel: categorical Qualified: yes
The NCCRC provided some input to advocates working on the ordinance.