Bill Summary – FastDemocracy

LB1046                                                                          LB1046
                                                                            2024
                             LEGISLATURE OF NEBRASKA
                        ONE HUNDRED EIGHTH LEGISLATURE
                                 SECOND SESSION
                     LEGISLATIVE BILL 1046
      Introduced by Cavanaugh, J., 9.
      Read first time January 08, 2024
      Committee: Judiciary
  A BILL FOR AN ACT relating to the Nebraska Housing Agency Act; to amend
     section 71-15,139, Reissue Revised Statutes of Nebraska; to require
      appointment of   counsel for termination hearings and eviction
      proceedings for residents of public housing located in a city of the
     metropolitan class; to require the city to pay for such counsel; to
      provide duties for housing agencies; and to repeal the original
      section.
  Be it enacted by the people of the State of Nebraska,
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LB1046                                                                                    LB1046
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            Section 1. Section 71-15,139, Reissue Revised Statutes of Nebraska,
     is amended to read:
           71-15,139 (1) A housing agency may adopt and promulgate reasonable
    rules and regulations consistent with federal and state laws, rules, and
    regulations and the purposes of   the Nebraska Housing Agency Act
    concerning the termination of tenancy.
           (2)(a) If a housing agency seeks to terminate a resident's tenancy,
    the housing agency shall serve Any resident so terminated shall be sent a
     written notice of termination on such resident setting out the reasons
  for such termination.
           (b) If the premises is located in a city of the metropolitan class,
    the notice shall contain a statement in substantially the following form:
    "You have the right to representation by an attorney. This right applies
    to eviction proceedings before a court and in any hearing to contest
    termination of your tenancy before the [name of housing agency]. An
    attorney will be appointed to represent you, at no cost to you, at the
    beginning of such proceedings or hearing." , and any
            (c) The resident served with a notice shall be given the opportunity
    to contest the termination in an appropriate hearing by the housing
    agency. A resident may contest the termination in any suit filed by the
    housing agency in any court for recovery of possession of the premises.
            (3) (2) Such notice may provide that if the resident fails to (a)
 pay his or her rent or comply with any covenant or condition of his or
     her lease or the rules and regulations of such housing agency, (b) cure a
  violation or default thereof as specified in such notice, or (c) follow
 the procedure for a hearing as set forth in the notice, all within the
     time or   times set forth in   such notice,   the tenancy shall then be
     automatically terminated and no other notice or notices need be given of
     such termination or the intent to terminate the tenancy, and upon such
 termination, and without any notice other than as provided for in this
     section, a housing agency may file suit against any resident for recovery
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LB1046                                                                                     LB1046
                                                                                       2024
    of possession of the premises and may recover the same as provided by
    law.
            (4) (3) A housing agency may, after three days' written notice of
 termination and without an administrative hearing, file suit and have
    judgment against any resident for recovery of possession of the premises
    if the resident, any member of the resident's household, any guest, or
     any other person who is under the resident's control or who is present
     upon the premises with the resident's consent, engages in any drug-
 related or violent criminal activity on the premises, or engages in any
     activity that threatens the health, safety, or peaceful enjoyment of
    other residents or housing agency employees. Such activity shall include,
     but not be limited to, any of the following activities of the resident,
    or the activities of any other person on the premises with the consent of
    the resident: (a) Physical assault or the threat of physical assault; (b)
    illegal use of a firearm or other weapon or the threat to use an illegal
    firearm or other weapon; or (c) possession of a controlled substance by
    the resident or any other person on the premises with the consent of the
    resident if the resident knew or should have known of the possession by
     such other person of   a controlled substance,   unless such controlled
 substance was obtained directly from or pursuant to a medical order
    issued by a practitioner authorized to prescribe as defined in section
    28-401 while acting in the course of his or her professional practice.
            (5)(a) This subsection only applies if the premises is located in a
  city of the metropolitan class.
            (b) If the resident requests a hearing by the housing agency to
  contest the termination, counsel shall be appointed for the tenant prior
  to such hearing unless the tenant is already represented by counsel. The
    housing agency shall file an   application with the county court or
    district court of the county in which the premises is located. The court
     shall appoint counsel to represent the resident in the hearing and in any
  related action for recovery of possession of the premises.
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LB1046                                                                                  LB1046
                                                                                    2024
        (c) If the resident does not request a hearing by the housing agency
     to contest the termination and the housing agency files an action for
 recovery of possession of the premises, the court shall appoint counsel
    for the resident unless the resident is already represented by counsel.
         (d) The resident may waive court-appointed counsel or retain the
     resident's own counsel. The cost of any court-appointed counsel shall be
     paid by the city.
        (e) Counsel appointed pursuant to this section shall apply to the
    court before which the proceedings were had for fees for services
    performed.
         (f) In the case of a hearing to contest a termination for which
  there are no related court proceedings, counsel shall apply to the county
     court or district court of the county in which the premises is located.
        (g) The court, upon hearing the application, shall fix reasonable
    fees. The city shall allow the account, bill, or claim presented by any
    attorney for such services in the amount determined by the court. No such
    account, bill, or claim shall be allowed by the city until the amount has
    been determined by the court.
        Sec. 2.      Original section 71-15,139, Reissue Revised Statutes of
 Nebraska, is repealed.
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