OMAHA, Neb. (KMTV) – OHA filed a lawsuit, challenging part of a law that would require the agency to provide legal counsel to tenants it's evicting. OHA said in the suit, federal law doesn't allow them to do that.
- Omaha Housing Authority filed a lawsuit against the state.
- The lawsuit challenges part of the law that would require the agency to pay for tenant legal fees.
- The law is set to go into effect July 1.
BROADCAST TRANSCRIPT:
The Omaha Housing Authority filed a lawsuit, challenging part of a law that goes into effect July 1.
It would require the agency to provide legal counsel to tenants it's evicting.
Oha said in the suit, federal law doesn't allow them to do that.
The provision is a part of what's the called the poverty elimination act, introduced by state Sen. Terrell McKinney. The provision requires housing agencies to cover the cost of court-appointed legal counsel in eviction proceedings. State Sen. John Cavanaugh introduced the provision.
According to OHA, it is entirely funded through federal dollars, and it is not allowed to use the funds for legal expenses on behalf of tenants.
In a statement, the agency said the state provides no funding to OHA and argues this imposes a financial burden.
The agency says the lawsuit was filed after failed attempts to resolve the issue with lawmakers and find other resources to pay for the counsel.
McKinney told KMTV he was quote disappointed but not surprised to see OHA challenging the provision.
