EVICTION-RIGHT TO COUNSEL

Session: 103rd General Assembly
Year: 2024
Bill #: SB3750
Category: Miscellaneous
Position: Under Review
Mandate? Yes
Revenue Loss?
Authority Preemption?

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Creates the Low-Income Tenant's Right to Eviction Counsel Act. Provides that a tenant who financially qualifies under the Act has a right to full representation by counsel to be appointed by the court for eviction proceedings or for proceedings terminating a tenancy. Requires the court to appoint an attorney for a covered individual at any show cause hearing or scheduled trial. Subject to the availability of amounts appropriated for this specific purpose, the county shall pay the costs of legal services provided by an attorney appointed under the Act. Requires that the complaint required by the Eviction Article of the Code of Civil Procedure to include this notice on the first page of the complaint in bold 12-point type: "If the defendant's income is not greater than 80% of the median income in this State, the defendant has the right to court-appointed counsel in these proceedings." Provides that after the effective date of the Act, all residential lease agreements and renewal of existing lease agreements shall include a provision stating that tenants with incomes no greater than 80% of the median income in this State have a right to full legal representation during covered proceedings. Provides that the landlord must send the same notice if a landlord and tenant are operating under a lease agreement in force before the effective date of the Act within 30 days following the effective date of the Act. Counsel appointed by the court for the purposes of the Act must have a minimum of 2 years' experience handling eviction defense or training in handling evictions or be supervised by an attorney who meets these minimum qualifications. Effective January 1, 2025.



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