All about Louisville’s eviction right to counsel

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.

Background

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. Ord. No. O52, Series 2021; Louisville Metro Code of Ordinances, §151.60, et seq.  The right to counsel is at the moment funded by $400,000 in federal Emergency Rental Assistance funds.

The Louisville Courier-Journal has more.

The ordinance states:

covered individuals may receive access to legal services from designated organizations under a contract, grant, or other services agreement with the lead partner organization. The designated organizations shall provide legal services in a covered proceeding, as soon as possible after the initiation of the proceeding, and no later than at the time of the individual’s first scheduled appearance in a covered proceeding.

§ 151.61(A).  The right is limited to people who occupy a dwelling under a claim of legal right, other than the owner, with at least one child, and whose annual gross income does not exceed 125% of the federal poverty guidelines. §151.60.  The ordinance covers any proceeding in Jefferson County District Court, Eviction Court (“Eviction Court”) to evict, eject, or terminate the tenancy of a covered individual. § 151.60.