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Bozeman commissioners direct staff to develop tenant right-to-counsel options; seek narrow, data-driven pilot
Summary
At a lengthy May 13 work session the commission asked staff to return with program options, funding scenarios and stakeholder outreach plans for a tenant 'right to counsel' program — with commissioners generally favoring an initial focus on eviction prevention, city-limited scope and prioritized eligibility such as families with dependents.
The Bozeman City Commission on Tuesday opened a wide-ranging work session on a tenants "right to counsel," asking staff to develop program options, cost estimates and community outreach plans and to return this fall with recommended models and budgets.
City Attorney Greg Sullivan and attorney Anna Sabarude briefed the commission on the legal background, options used elsewhere and how a local program could be structured. Sullivan emphasized Montana has no court- or statute-based constitutional right to counsel in possession or eviction proceedings: "Important for tonight is that there has not been established a constitutional either through the courts or statutory right to counsel for tenants in type of possession and eviction proceedings in Montana," he said, adding cities can create locally funded programs that permit tenants to access city-supported legal services so long as the program does not attempt to halt or substitute statutorily mandated processes.
Why it matters: Local right-to-counsel programs have been adopted in several states and cities as a tool to prevent evictions and reduce the downstream costs of homelessness.…
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