(a) Brief Legal Assistance. Individualized legal assistance provided in a single consultation by a Designated Organization to a Covered Individual in connection with a Covered Proceeding.
(b) Covered Individual. Any person who is entitled under a rental agreement to the use and occupancy of residential premises to the exclusion of others, including any tenant in a building operated by Lucas Metropolitan Housing, whose annual gross income does not exceed 200% of the federal poverty guidelines as established and updated periodically by the United States Department of Health and Human Services (42 U.S.C. § 9902(2)).
(c) Covered Proceeding. Any proceeding in the Toledo Municipal Court to evict, eject, or terminate the tenancy of a covered individual, or any appeal of such a proceeding.
(d) Designated Community Group. A nonprofit organization or association that has the capacity to conduct tenant outreach, engagement, education, and information provision.
(e) Designated Organization. A nonprofit organization or association that has the capacity to provide legal services per the standards set by the American Bar Association Standards for the Provision of Civil Legal Aid to covered individuals facing eviction and is designated by the City pursuant to this ordinance.
(f) Full Legal Representation. Ongoing legal representation provided by a designated organization to a Covered Individual and all legal advice, advocacy, and assistance associated with such representation. Such representation includes, but is not limited to, the filing of a notice of appearance on behalf of the covered individual in a covered proceeding.
(g) Legal Services. Any legal representation provided to a covered individual, including brief legal assistance and full legal representation.
(Ord. 418-21. Passed 9-15-21.)
(a) All Covered Individuals will receive Legal Services from the Designated Organization 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 second scheduled appearance in the proceeding. The Designated Organization must seek to provide Full Legal Representation unless the individual is ineligible for the organization's services, there is a conflict of interest, or other circumstances make it infeasible to provide Full Legal Representation.
(b) The Designated Organization will work with other organizations or associations, including Designated Community Groups, to advertise in the media and hire (a) community engagement specialist(s), and to engage and educate tenants of their rights and available resources.
(c) Any legal representation set forth in this section will be effective only at such time as appropriations are available to fund the representation. If the projected need for legal representation to Covered Individuals exceeds the available funds, the provision of legal services may be prioritized by reasonable standards as decided by the Designated Organization.
(d) The Designated Organization will promulgate such regulations as necessary to implement a legal representation program pursuant to this section and the funding limits for the program.
(e) Any legal services performed by the Designated Organization pursuant to this section will not supplant, replace, or satisfy any obligations or responsibilities of such Designated Organization pursuant to any other program agreement or contract.
(f) On January 31 of each year, the Designated Organization will submit a written report to Toledo City Council detailing the number of covered individuals served, the extent of legal services performed, metrics evaluating outcomes, as well as a summary of the engagement and education of tenants.
(g) Legal Aid of Western Ohio, Inc. shall be named as the Designated Organization to assign itself and/or Advocates for Basic Legal Equality, Inc. to provide legal services to Covered Individuals, or to engage another organization or other entity to provide legal representation, engagement, and education.
(h) This law takes effect immediately upon receipt of funding from the City by Legal Aid of Western Ohio, Inc.
(i) This law shall be phased over a 5-year period with a potential for extension.
(Ord. 418-21. Passed 9-15-21.)
If any provision of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this ordinance which can be implemented without the invalid provisions and, to this end, the provisions of this ordinance are declared to be severable. Toledo City Council hereby declares that it would have adopted this ordinance and each provision thereof irrespective of whether any one or more provisions are found invalid, unconstitutional or otherwise unenforceable.
(Ord. 418-21. Passed 9-15-21.)