Bozeman begins design work on tenant right-to-counsel; commission seeks scope and funding options

The Bozeman City Commission on May 13 held a work session on a city-level tenant’s right to counsel priority and asked staff to develop options for the commission to consider this fall.

City Attorney Greg Sullivan and senior city attorney Anna Saverud briefed the commission on legal limits and the range of program models used elsewhere. Sullivan said Montana law does not currently establish a constitutional or statutory right to counsel for tenants in possession or eviction proceedings and that a municipal program would have to be crafted so it does not improperly interfere with state statutory procedures. He told commissioners the city can create a voluntary program that provides counsel or services to eligible tenants but should clearly state the public purpose behind any expenditure of public funds.

Anna Saverud summarized national practice and program design: "A tenant's right to counsel" as enacted in some U.S. jurisdictions codifies a government's obligation to provide tenants free legal representation; other cities have chosen non‑codified access, mediation, rental-assistance or eviction‑prevention programs. Saverud told the…