Toledo becomes 14th jurisdiction with tenant 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).
09/15/2021,
Legislation, Housing - Evictions
The Toledo City Council has enacted a tenant right to counsel ordinance that guarantees counsel for all tenants facing eviction who are at 200% or below of the federal poverty level. The law is to be phased in over 5 years and staffed by Legal Aid of Western Ohio, and will be funded by $250k/year in American Rescue Plan Act funding. The news was reported in the Toledo Blade.
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.
categorical
yes
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The NCCRC submitted supportive testimony, met with advocates and city leaders, and worked with advocates on the bill language.
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