Explanation
BACKGROUND:
This legislation authorizes the Director of the Department Development to enter into a non-profit service contract with The Broad Street Presbyterian Church of Columbus Ohio in an amount up to $55,500.00 to create a fund and provide fiscal manager services, as a partner in the City of Columbus, for eligible low-income tenants facing eviction with the funding required for eviction case appeals. Funding will be advanced on a predetermined schedule.
Low Income tenants in eviction court often encounter many barriers to addressing legal issues in eviction cases. While the City provides funding for legal representation, oftentimes that representation must be cut short if the tenant is unable to pay for a court-mandated bond when attempting to appeal a decision.
The City of Columbus currently provides funding for the Tenant Advocacy Project (TAP) through the Legal Aid Society of Southeast and Central Ohio to assist low-income tenants at eviction court. TAP assists in a number of appeals for these clients but cannot assist with securing funding required to proceed in certain types of eviction case appeals where tenants are required to post a bond.
A bond is an amount of money the court may ask one party to deposit with the court while the final outcome of the case is delayed by an appeal to ensure that the other party is not harmed by the delay. This means that many tenants receiving legal services from TAP are unable to pursue their case at the appellate level because they lack the funds to pay for the bond.
This legislation would create a fund, in the amount of $50,000.00, for eligible low-income tenants facing eviction to pay for bonds when appealing their case. This will allow low income tenants the ability to have their cases heard and decided on the merits. The remaining $5,500.00 of the total agreement will reimburse The Broad Street Presbyterian Church of Columbus Ohio’s administrative costs.
Broad Street Presbyterian Church’s COMPASS program will serve as the fiscal manager of the fund and will disperse funding approved for tenants facing eviction and appealing decisions impacting their housing. COMPASS’s mission is to work in partnership with the community to prevent homelessness and promote self-sufficiency. The organization has been a critical partner in ensuring the success of the emergency rental assistance program and the city’s response to large tenant displacement events in recent years. The City lacks the staffing to provide these services by existing city employees.
Tenants will be represented by a legal aid organization. Funding will assist low-income tenants required to post an eviction case bond with a Franklin County Court in order to appeal their eviction case.
Emergency action is requested to prevent eviction, and potential homelessness, of City residents and families.
Fiscal Impact: Funds are available within the Department of Development’s Neighborhood Economic Development Fund.
Contract Compliance: the vendor number is 033793 and expires 08/03/2025.
Title
To authorize the Director of the Department of Development to enter into a not-for-profit service contract with The Broad Street Presbyterian Church of Columbus, Ohio to create a fund and provide fiscal manager services for residents appealing eviction cases in an amount up to $55,500.00; to authorize the appropriation and expenditure of up to $55,500.00 from the Neighborhood Economic Development Fund; to advance funding per a predetermined schedule; and to declare an emergency. ($55,500.00)
Body
WHEREAS, Low Income tenants in eviction court often encounter many barriers to addressing legal issues in eviction cases; and
WHEREAS, the City provides funding for legal representation, oftentimes that representation must be cut short if the tenant is unable to pay for a court-mandated bond when attempting to appeal a decision; and
WHEREAS, this legislation would create a fund for eligible low-income tenants facing eviction to pay for bonds when appealing their case; and
WHEREAS, the expenditure in an amount up to $55,000.00 will allow low income tenants the ability to have their cases heard and decided on the merits; and
WHEREAS, The Broad Street Presbyterian Church’s COMPASS program will serve as the fiscal manager of the fund and will disperse funding approved for tenants facing eviction and appealing decisions impacting their housing; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Development to enter into a not-for-profit service contract with The Broad Street Presbyterian Church of Columbus, Ohio to create a fund and provide fiscal manager services, as a partner in the City of Columbus, for eligible low-income tenants facing eviction with the funding required for eviction case appeals, all for the immediate preservation of the public health, peace, property, and safety; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of the Department of Development is hereby authorized to enter into a not-for-profit service contract with The Broad Street Presbyterian Church of Columbus, Ohio in an amount up to $55,500.00 to create a fund and provide fiscal manager services for residents appealing eviction cases and is authorized to advance funds per a schedule to be included in the agreement.
SECTION 2. That from the unappropriated monies and from all monies estimated to come into said fund from any and all sources and unappropriated for any other purpose during the fiscal year ended December 31, 2024, the sum of $55,500.00 is appropriated in Fund 2237 (Neighborhood Economic Development Fund), Dept-Div 44-01 (Administration), in object class 03 (Services) per the account codes in the attachment to this ordinance.
SECTION 3. That for the purpose as stated in Section 1, the expenditure of $55,500.00 or so much thereof as may be needed, is hereby authorized in Fund 1000 (General Fund), Dept-Div 44-01 (Administration), in object class 03 (Services) per the accounting codes in the attachment to this ordinance.
SECTION 4. That this contract is awarded pursuant to the relevant provisions of Chapter 329 of City Code relating to not-for-profit service contracts.
SECTION 5. That funds are hereby deemed appropriated and expenditures and transfers authorized to carry out the purposes of this ordinance and the City Auditor shall establish such accounting codes as necessary.
SECTION 6. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance.
SECTION 7. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.