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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 181
2025-2026
Representatives Lawson-Rowe,
Callender
Cosponsors: Representatives
Abdullahi, Brennan, Brent, Brewer, Piccolantonio, Cockley, Grim,
Humphrey, Isaacsohn, Jarrells, McNally, Sigrist, Synenberg, Upchurch,
White, E.
A
BILL
To
amend sections 120.521, 120.53, 1923.06, 1923.08, 3735.41, and
5321.17 and to enact sections 120.531 and 120.532 of the Revised Code
to
provide counsel to destitute defendants facing eviction and to make
an appropriation.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 120.521, 120.53, 1923.06, 1923.08, 3735.41, and 5321.17 be
amended and sections 120.531 and 120.532 of the Revised Code be
enacted to read as follows:
Sec.
120.521.
(A)
The state public defender shall establish a charitable, tax exempt
foundation, named the Ohio access to justice foundation, to actively
solicit and accept gifts, bequests, donations, and contributions for
use in providing financial assistance to legal aid societies,
enhancing or improving the delivery of civil legal services to
indigents, and operating the foundation. The Ohio access to justice
foundation shall deposit all gifts, bequests, donations, and
contributions accepted by it into the access to justice foundation
fund established under this section
or the eviction defense fund established pursuant to section 120.531
of the Revised Code
.
If the state public defender, pursuant to section 120.52 of the
Revised Code as it existed prior to June 30, 1995, established a
charitable, tax exempt foundation named the Ohio access to justice
foundation and if that foundation is in existence on the day before
June 30, 1995, that foundation shall continue in existence and shall
serve as the Ohio access to justice foundation described in this
section.
There
is hereby established the access to justice foundation fund, which
shall be under the custody and control of the Ohio access to justice
foundation. The fund shall contain all moneys distributed to the Ohio
access to justice foundation pursuant to section 120.53 of the
Revised Code and all gifts, bequests, donations, and contributions
accepted by the Ohio access to justice foundation under this section
that are not directed to the eviction defense fund
.
The
Ohio access to justice foundation shall distribute or use all moneys
in the access to justice foundation fund for the charitable public
purpose of providing financial assistance to legal aid societies that
provide civil legal services to indigents, enhancing or improving the
delivery of civil legal services to indigents, and operating the
foundation. The Ohio access to justice foundation shall establish
rules governing the administration of the access to justice
foundation fund.
The
Ohio access to justice foundation shall include, in the annual report
it is required to make to the governor, the general assembly, and the
supreme court pursuant to division (G)(2) of section 120.53 of the
Revised Code, an audited financial statement on the distribution and
use of the access to justice foundation fund. No information
contained in the statement shall identify or enable the
identification of any person served by a legal aid society or in any
way breach confidentiality.
Membership
on the board of the Ohio access to justice foundation does not
constitute holding another public office and does not constitute
grounds for resignation from the senate or house of representatives
under section 101.26 of the Revised Code.
The
Ohio access to justice foundation shall assist the chancellor of
higher education by determining the ratio, for each county in the
state, of attorneys to total population for the purpose described in
section 3333.132 of the Revised Code.
(B)
A foundation is tax exempt for purposes of this section if the
foundation is exempt from federal income taxation under subsection
501(a) of the "Internal Revenue Code of 1986," 100 Stat.
2085, 26 U.S.C. 501(a), as amended, and if the foundation has
received from the internal revenue service a determination letter
that is in effect stating that the foundation is exempt from federal
income taxation under that subsection.
Sec.
120.53.
(A)
A legal aid society that operates within the state may apply to the
Ohio access to justice foundation for financial assistance from the
legal aid fund established by section 120.52 of the Revised Code to
be used for the funding of the society during the calendar year
following the calendar year in which application is made.
(B)
An application for financial assistance made under division (A) of
this section shall be submitted by the first day of November of the
calendar year preceding the calendar year for which financial
assistance is desired and shall include all of the following:
(1)
Evidence that the applicant is incorporated in this state as a
nonprofit corporation;
(2)
A list of the trustees of the applicant;
(3)
The proposed budget of the applicant for these funds for the
following calendar year;
(4)
A summary of the services to be offered by the applicant in the
following calendar year;
(5)
A specific description of the territory or constituency served by the
applicant;
(6)
An estimate of the number of persons to be served by the applicant
during the following calendar year;
(7)
A general description of the additional sources of the applicant's
funding;
(8)
The amount of the applicant's total budget for the calendar year in
which the application is filed that it will expend in that calendar
year for legal services in each of the counties it serves;
(9)
A specific description of any services, programs, training, and legal
technical assistance to be delivered by the applicant or by another
person pursuant to a contract with the applicant, including, but not
limited to, by private attorneys or through reduced fee plans,
judicare panels, organized pro bono programs, and mediation programs.
(C)
The Ohio access to justice foundation shall determine whether each
applicant that filed an application for financial assistance under
division (A) of this section in a calendar year is eligible for
financial assistance under this section. To be eligible for such
financial assistance, an applicant shall satisfy the criteria for
being a legal aid society and shall be in compliance with the
provisions of sections 120.51 to 120.55 of the Revised Code and with
the rules and requirements the foundation establishes pursuant to
section 120.52 of the Revised Code. The Ohio access to justice
foundation then, on or before the fifteenth day of December of the
calendar year in which the application is filed, shall notify each
such applicant, in writing, whether it is eligible for financial
assistance under this section, and if it is eligible, estimate the
amount that will be available for that applicant for each six-month
distribution period, as determined under division (D) of this
section.
(D)
The Ohio access to justice foundation shall allocate moneys contained
in the legal aid fund monthly for distribution to applicants that
filed their applications in the previous calendar year and are
determined to be eligible applicants.
All
moneys contained in the fund on the first day of each month shall be
allocated, after deduction of the costs of administering sections
120.51 to 120.55 and sections 1901.26, 1907.24, 2303.201, 3953.231,
4705.09, and 4705.10 of the Revised Code that are authorized by
section 120.52 of the Revised Code, according to this section and
shall be distributed accordingly not later than the last day of the
month following the month the moneys were received. In making the
allocations under this section, the moneys in the fund that were
generated pursuant to sections 1901.26, 1907.24, 2303.201, 3953.231,
4705.09, and 4705.10 of the Revised Code shall be apportioned as
follows:
(1)
After deduction of the amount authorized and used for actual,
reasonable administrative costs under section 120.52 of the Revised
Code:
(a)
Five per cent of the moneys remaining in the fund shall be reserved
for use in the manner described in division (A) of section 120.521 of
the Revised Code or for distribution to legal aid societies that
provide assistance to special population groups of their eligible
clients, engage in special projects that have a substantial impact on
their local service area or on significant segments of the state's
poverty population, or provide legal training or support to other
legal aid societies in the state;
(b)
After deduction of the amount described in division (D)(1)(a) of this
section, one and three-quarters per cent of the moneys remaining in
the fund shall be apportioned among entities that received financial
assistance from the legal aid fund prior to July 1, 1993, but that,
on and after July 1, 1993, no longer qualify as a legal aid society
that is eligible for financial assistance under this section.
(c)
After deduction of the amounts described in divisions (D)(1)(a) and
(b) of this section, fifteen per cent of the moneys remaining in the
fund shall be placed in the access to justice foundation fund for use
in the manner described in division (A) of section 120.521 of the
Revised Code.
(2)
After deduction of the actual, reasonable administrative costs under
section 120.52 of the Revised Code and after deduction of the amounts
identified in divisions (D)(1)(a), (b), and (c) of this section, the
remaining moneys shall be apportioned among the counties that are
served by eligible legal aid societies that have applied for
financial assistance under this section so that each such county is
apportioned a portion of those moneys, based upon the ratio of the
number of indigents who reside in that county to the total number of
indigents who reside in all counties of this state that are served by
eligible legal aid societies that have applied for financial
assistance under this section. Subject to division (E) of this
section, the moneys apportioned to a county under this division then
shall be allocated to the eligible legal aid society that serves the
county and that has applied for financial assistance under this
section. For purposes of this division, the source of data
identifying the number of indigent persons who reside in a county
shall be selected by the Ohio access to justice foundation from the
best available figures maintained by the United States census bureau.
(E)
If the Ohio access to justice foundation, in attempting to make an
allocation of moneys under division (D)(2) of this section,
determines that a county that has been apportioned money under that
division is served by more than one eligible legal aid society that
has applied for financial assistance under this section, the Ohio
access to justice foundation shall allocate the moneys that have been
apportioned to that county under division (D)(2) of this section
among all eligible legal aid societies that serve that county and
that have applied for financial assistance under this section on a
pro rata basis, so that each such eligible society is allocated a
portion based upon the amount of its total budget expended in the
prior calendar year for legal services in that county as compared to
the total amount expended in the prior calendar year for legal
services in that county by all eligible legal aid societies that
serve that county and that have applied for financial assistance
under this section.
(F)
Moneys allocated to eligible applicants under this section shall be
paid monthly beginning the calendar year following the calendar year
in which the application is filed.
(G)(1)
A legal aid society that receives financial assistance in any
calendar year under this section shall file an annual report with the
Ohio access to justice foundation detailing the number and types of
cases handled, and the amount and types of legal training, legal
technical assistance, and other service provided, by means of that
financial assistance. No information contained in the report shall
identify or enable the identification of any person served by the
legal aid society or in any way breach client confidentiality.
(2)
The Ohio access to justice foundation shall make an annual report to
the governor, the general assembly, and the supreme court
on
.
No information contained in the report shall identify or enable the
identification of any person served by a legal aid society, or in any
way breach confidentiality. The report shall include all of the
following:
(a)
A report on
the
distribution and use of the legal aid fund
.
The foundation also shall include in the annual report an
;
(b)
An
audited
financial statement of all gifts, bequests, donations, contributions,
and other moneys the foundation receives
;
(c)
The information described in section 120.521 of the Revised Code;
(d)
The information described in division (E) of section 120.532 of the
Revised Code
.
No
information contained in the report shall identify or enable the
identification of any person served by a legal aid society, or in any
way breach confidentiality.
(H)
A legal aid society may enter into agreements for the provision of
services, programs, training, or legal technical assistance for the
legal aid society or to indigent persons.
Sec.
120.531.
(A)
There is hereby created in the state treasury the eviction defense
fund. The fund shall consist of moneys appropriated to it by the
general assembly and moneys directed to it through gifts, bequests,
donations, and contributions to the Ohio access to justice
foundation.
(B)
The treasurer of state may invest moneys contained in the eviction
defense fund in any manner authorized by the Revised Code for the
investment of state moneys. However, no such investment shall
interfere with the use of such moneys as required by this section and
section 120.532 of the Revised Code.
(C)
The state public defender, through the Ohio access to justice
foundation, shall administer the payment of moneys out of the fund
for the charitable public purpose of funding legal representation for
indigent defendants in eviction proceedings pursuant to section
120.532 of the Revised Code.
Sec.
120.532.
(A)
As used in this section:
(1)
"Brief legal assistance" means individualized legal
assistance provided in a single consultation by a designated
organization to a covered individual in connection with a covered
proceeding.
(2)
"Covered individual" means any person who occupies a
dwelling with at least one child under a claim of legal right, other
than the dwelling's owner, and whose annual gross income is not more
than two hundred fifty per cent of the federal poverty line for the
size of the individual's family.
(3)
"Covered proceeding" means a forcible entry and detainer
action filed under Chapter 1923. of the Revised Code and an informal
hearing that a metropolitan housing authority is required to provide
under 24 C.F.R. 982.555, and any appeals from such proceedings.
(4)
"Designated organization" means a legal aid society or
other organization that has entered into an agreement with the Ohio
access to justice foundation pursuant to division (B) of this
section.
(5)
"Federal poverty line" means the official poverty line
defined by the United States office of management and budget, based
on the most recent data available from the United States bureau of
the census, and revised by the United States secretary of health and
human services pursuant to 42 U.S.C. 9902.
(6)
"Full legal representation" means ongoing legal
representation provided by a designated organization to a covered
individual, and all legal advice, advocacy, and assistance associated
with that representation.
(7)
"Legal services" means brief legal assistance provided to a
covered individual or full legal representation provided to a covered
individual.
(B)
Except as provided in division (D) of this section, the Ohio access
to justice foundation shall contract with designated organizations to
provide full legal representation to defendants in covered
proceedings in all areas of the state. Each contract shall require
all of the following:
(1)
That funds distributed to the designated organization from the
eviction defense fund, created pursuant to section 120.531 of the
Revised Code, are to be used only to provide legal services to
covered individuals in covered proceedings and to educate tenants of
their rights and available resources;
(2)
That, so long as funding remains available, the designated
organization shall seek to provide full legal representation to
covered individuals in covered proceedings as soon as possible after
the proceedings are initiated and the covered individuals contact the
designated organization;
(3)
That, if the designated organization is unable to provide full legal
representation to a covered individual due to an irreconcilable
conflict of interest, or because another circumstance makes full
legal representation infeasible, the designated organization shall
attempt to provide brief legal assistance if the Ohio rules of
professional conduct permit it;
(4)
That the designated organization shall work with the Ohio access to
justice foundation and community partners to engage and educate
tenants on their rights and available resources;
(5)
That the designated organization shall meet and report on performance
metrics set in the contract, report those metrics to the Ohio access
to justice foundation on a quarterly basis, and adhere to quality
assurance standards set in the contract as a condition of continuing
eligibility for funds from the eviction defense fund. No information
contained in the reports shall identify or enable the identification
of any person served by a covered organization or in any way breach
confidentiality.
(6)
That information provided pursuant to division (B)(5) of this section
shall be provided in such a way as to prevent the identification of
any particular individual who received legal services pursuant to the
contract;
(7)
That legal services performed pursuant to the contract shall not
supplant, replace, or satisfy any obligations or responsibilities of
the designated organization under any other program agreement or
contract;
(8)
Any other terms the Ohio access to justice foundation considers
necessary for delivery of competent and efficient legal services in
covered proceedings.
(C)(1)
When seeking to contract with designated organizations to provide
legal services in a given area of the state pursuant to division (B)
of this section, the Ohio access to justice foundation shall first
attempt to contract with a legal aid society that already provides
legal representation in that area and receives funds pursuant to
divisions (D)(2) and (E) of section 120.53 of the Revised Code for
that purpose.
(2)
If a legal aid society that is already providing legal services in an
area of the state, and receives funds pursuant to divisions (D)(2)
and (E) of section 120.53 of the Revised Code for that purpose, is
unable or unwilling to contract with the Ohio access to justice
foundation pursuant to division (B) of this section, the foundation
may contract with one or more other nonprofit organizations the
foundation determines are able to provide legal services to covered
persons in covered proceedings in that area of the state.
(3)
The Ohio access to justice foundation shall apportion funds from the
eviction defense fund to designated organizations with which the
foundation contracts, pursuant to division (B) of this section, based
on the area of the state the contract concerns and in the same
proportion that funds are distributed to legal aid societies
servicing that area of the state pursuant to divisions (D)(2) and (E)
of section 120.53 of the Revised Code.
(D)
The Ohio access to justice foundation shall only be required to
contract with designated organizations pursuant to division (B) of
this section when funds appropriated by the general assembly are
available to fund legal services under such contracts.
(E)(1)
The Ohio access to justice foundation shall include, in the annual
report it is required to make to the governor, the general assembly,
and the supreme court pursuant to division (G)(2) of section 120.53
of the Revised Code, all of the following:
(a)
Information about the number of covered individuals served since the
last report was submitted;
(b)
The extent of legal services performed;
(c)
Information regarding the outcomes achieved through legal services;
(d)
Projected budgeting needs for full legal representation to all
covered individuals;
(e)
A summary of the engagement and education of tenants.
(2)
No information contained in the report shall identify or enable the
identification of any person served by a covered organization or in
any way breach confidentiality.
(F)
Nothing in this section, or the administration or application of this
section, shall be construed to create a private right of action
against the state or any state agency, state official, or state
employee.
Sec.
1923.06.
(A)
Any summons in an action, including a claim for possession, pursuant
to this chapter shall be issued, be in the form specified, and be
served and returned as provided in this section. Such service shall
be at least seven days before the day set for trial.
(B)
Every summons issued under this section to recover residential
premises shall contain the following language printed in a
conspicuous manner: "A complaint to evict you has been filed
with this court. No person shall be evicted unless the person's right
to possession has ended and no person shall be evicted in retaliation
for the exercise of the person's lawful rights. If you are depositing
rent with the clerk of this court you shall continue to deposit such
rent until the time of the court hearing. The failure to continue to
deposit such rent may result in your eviction. You may request a
trial by jury. You have the right to seek legal assistance
.
If you cannot afford a lawyer, you may contact your local legal aid
or legal service office. If none is available, you may contact your
local bar association
and may qualify for free legal representation based on your income.
It is recommended that you inquire with legal aid at
www.ohiolegalhelp.org or (866) 529-6446 to see if you are eligible
."
(C)
The clerk of the court in which a complaint to evict is filed shall
mail any summons by ordinary mail, along with a copy of the
complaint, document, or other process to be served, to the defendant
at the address set forth in the caption of the summons and to any
address set forth in any written instructions furnished to the clerk.
The mailing shall be evidenced by a certificate of mailing which the
clerk shall complete and file.
In
addition to this ordinary mail service, the clerk also shall cause
service of that process to be completed under either of the
following:
(1)
Division (D) or (E) of this section or both, depending upon which of
those two methods of service is requested by the plaintiff upon
filing the complaint to evict;
(2)
Division (F) of this section if the action relates to a deceased
manufactured home park resident.
(D)(1)
If requested, the clerk shall deliver sufficient copies of the
summons, complaint, document, or other process to be served to, and
service shall be made by, one of the following persons:
(a)
The sheriff of the county in which the premises are located when the
process issues from a court of common pleas or county court;
(b)
The bailiff of the court for service when process issues from a
municipal court;
(c)
Any person who is eighteen years of age or older, who is not a party,
and who has been designated by order of the court to make service of
process when process issues from any of the courts referred to in
divisions (D)(1)(a) and (b) of this section.
(2)
The person serving process shall effect service at the premises that
are the subject of the forcible entry and detainer action by one of
the following means:
(a)
By locating the person to be served at the premises to tender a copy
of the process and accompanying documents to that person;
(b)
By leaving a copy of the summons, complaint, document, or other
process with a person of suitable age and discretion found at the
premises if the person to be served cannot be found at the time the
person making service attempts to serve the summons pursuant to
division (D)(2)(a) of this section;
(c)
By posting a copy in a conspicuous place on the subject premises if
service cannot be made pursuant to divisions (D)(2)(a) and (b) of
this section.
(3)
Within five days after receiving the summons, complaint, document, or
other process from the clerk for service, the person making service
shall return the process to the clerk. The person shall indicate on
the process which method described in division (D)(2) of this section
was used to serve the summons. The clerk shall make the appropriate
entry on the appearance docket.
(E)
If requested, the clerk shall mail by certified mail, return receipt
requested, a copy of the summons, complaint, document, or other
process to be served to the address set forth in the caption of the
summons and to any address set forth in any written instructions
furnished to the clerk.
(F)(1)
If the person to be evicted in an action pursuant to this chapter is
a deceased manufactured home park resident, the plaintiff shall
provide to the clerk the following information:
(a)
If the plaintiff knows that a probate court has granted letters
testamentary or of administration for the estate of the deceased
resident, the name and address of the probate court, the case number
of the estate, and the name and address of the executor or
administrator appointed by the probate court;
(b)
If the plaintiff knows that a probate court has not granted letters
testamentary or of administration for the estate of the deceased
resident or does not know whether or not a probate court has granted
letters testamentary or of administration for the estate, the names
and addresses of the deceased resident's spouse and any other members
of the deceased resident's immediate family that are known to the
plaintiff;
(c)
If the plaintiff does not possess the information set forth in
division (F)(1)(a) or (b) of this section, an affidavit from the
plaintiff stating that the plaintiff does not possess the
information.
(2)(a)
Upon receipt from the plaintiff of the information set forth in
division (F)(1)(a) of this section, the clerk shall mail by certified
mail, return receipt requested, a copy of the summons, complaint,
document, or other process to be served to the address of the
executor or administrator appointed by the probate court.
(b)
Upon receipt from the plaintiff of the information set forth in
division (F)(1)(b) or (c) of this section, the clerk shall do both of
the following:
(i)
Mail by ordinary mail and by certified mail, return receipt
requested, a copy of the summons, complaint, document, or other
process to be served to the persons and addresses provided by the
plaintiff, if any. The ordinary mail mailing shall be evidenced by a
certificate of mailing that the clerk shall complete and file.
(ii)
Cause service of notice to be made by publication in a newspaper of
general circulation in the county in which the complaint is filed.
The publication shall set forth the name and address of the court,
the case number, the name and address of the plaintiff or the
plaintiff's attorney, and the name and address of the deceased
manufactured home park resident. The publication shall describe the
premises entered upon and detained, shall contain a summary statement
of the object of the eviction complaint against the deceased
resident, and shall state that the claim for restitution of the
premises shall be scheduled for a hearing in accordance with local
court rules, but in no event sooner than the seventh day from the
date service is complete. The clerk shall cause the publication to be
published at least once a week for two weeks.
(G)
Service of process shall be deemed complete on the date that any of
the following has occurred:
(1)
Service is made pursuant to division (D)(2)(a) or (b) of this
section.
(2)
Both ordinary mail service under division (C) and service by posting
pursuant to division (D)(2)(c) of this section have been made.
(3)
For service performed pursuant to division (E) or (F)(2)(a) of this
section, on the date of mailing, if on the date of the hearing either
of the following applies:
(a)
The certified mail has not been returned for any reason other than
refused or unclaimed.
(b)
The certified mail has not been endorsed, and the ordinary mail has
not been returned.
(4)
For service performed under division (F)(2)(b) of this section, on
the date of mailing under division (F)(2)(b)(i) of this section or on
the date of the last publication under division (F)(2)(b)(ii) of this
section, whichever is later, if on the date of the hearing, either of
the following applies:
(a)
The certified mail has not been returned for any reason other than
refused or unclaimed.
(b)
The certified mail has not been endorsed, and the ordinary mail has
not been returned.
(H)(1)
The claim for restitution of the premises shall be scheduled for
hearing in accordance with local court rules, but in no event sooner
than the seventh day from the date service is complete.
(2)
Answer day for any other claims filed with the claim for possession
shall be twenty-eight days from the date service is deemed complete
under this section.
(I)
As used in this section, "immediate family" means a
person's spouse, brothers and sisters of the whole or half blood,
children, including adopted children and stepchildren, parents, and
grandparents.
Sec.
1923.08.
No
continuance in an action under this chapter shall be granted for a
period longer than eight days, unless
the
any
of the following apply:
(A)
The
plaintiff
applies for the continuance and the defendant consents to it
,
or unless the
.
(B)
The
defendant
applies for the continuance and gives a bond to the plaintiff, with
good and sufficient surety, that is approved by the court and
conditioned for the payment of rent that may accrue, if judgment is
rendered against the defendant
.
(C)
The defendant is entitled to legal representation under section
120.532 of the Revised Code and has not yet entered into an
attorney-client relationship with an attorney providing services
pursuant to that section. A stay entered pursuant to this division
shall be for fourteen days
.
Sec.
3735.41.
Except
as otherwise provided in section 3735.43 of the Revised Code, in the
operation or management of housing projects a metropolitan housing
authority shall observe the following with respect to rentals and
tenant selection:
(A)(1)
It shall not provide a federally derived rent subsidy to any tenant
for any dwelling in a housing project if the persons who would occupy
the dwelling have an aggregate annual net income that equals or
exceeds the amount that the authority determines to be necessary to
enable such persons to do both of the following:
(a)
Secure safe, sanitary, and uncongested dwelling accommodations within
the area of operation of the authority;
(b)
Provide an adequate standard of living for themselves.
(2)
As used in this division, "aggregate annual net income"
means the aggregate annual income less the deductions and exemptions
from that income authorized by law or regulations established by the
United States department of housing and urban development.
(B)(1)
Except as provided in division (B)(2) of this section, it may rent or
lease the dwelling accommodations therein only at rentals within the
financial reach of persons who lack the amount of income which it
determines, pursuant to division (A) of this section, to be necessary
in order to obtain safe, sanitary, and uncongested dwelling
accommodations within the area of operation of the authority and to
provide an adequate standard of living.
(2)
It may rent or lease to nonresidential tenants and persons of varying
incomes within a project, mixed-use development, or mixed-income
development.
(C)
It may use a federally derived rent subsidy to rent or lease to a
tenant a dwelling consisting of the number of rooms, but no greater
number, which it considers necessary to provide safe and sanitary
accommodations to the proposed occupants thereof, without
overcrowding.
(D)
It shall include a notice of a tenant's potential right to legal
representation pursuant to section 120.532 of the Revised Code in
every notice sent pursuant to 24 C.F.R. 982.555.
Sections
3735.27 to 3735.50 of the Revised Code do not limit the power of an
authority to vest in a bondholder the right, in the event of a
default by such authority, to take possession of a housing project or
cause the appointment of a receiver thereof or acquire title thereto
through foreclosure proceedings, free from all the restrictions
imposed by such sections.
Sec.
5321.17.
(A)
Except as provided in division (C) of this section, the landlord or
the tenant may terminate or fail to renew a week-to-week tenancy by
notice given the other at least seven days prior to the termination
date specified in the notice.
(B)
Except as provided in division (C) of this section, the landlord or
the tenant may terminate or fail to renew a month-to-month tenancy by
notice given the other at least thirty days prior to the periodic
rental date.
(C)
If a tenant violates division (A)(9) of section 5321.05 of the
Revised Code and if the landlord has actual knowledge of or has
reasonable cause to believe that the tenant, any person in the
tenant's household, or any person on the residential premises with
the consent of the tenant previously has or presently is engaged in a
violation as described in division (A)(6)(a)(i) of section 1923.02 of
the Revised Code, the landlord shall terminate the week-to-week
tenancy, month-to-month tenancy, or other rental agreement with the
tenant by giving a notice of termination to the tenant in accordance
with this division. The notice shall specify that the tenancy or
other rental agreement is terminated three days after the giving of
the notice, and
the
shall
state that the tenant may qualify for free legal representation based
on income and recommend that the tenant inquire about eligibility
with legal aid at www.ohiolegalhelp.org or (866) 529-6446. The
landlord
may give the notice whether or not the tenant or other person has
been charged with, has pleaded guilty to or been convicted of, or has
been determined to be a delinquent child for an act that, if
committed by an adult, would be a violation as described in division
(A)(6)(a)(i) of section 1923.02 of the Revised Code. If the tenant
fails to vacate the premises within three days after the giving of
that notice, then the landlord promptly shall comply with division
(A)(9) of section 5321.04 of the Revised Code. For purposes of this
division, actual knowledge or reasonable cause to believe as
described in this division shall be determined in accordance with
division (A)(6)(a)(i) of section 1923.02 of the Revised Code.
(D)
This section does not apply to a termination based on the breach of a
condition of a rental agreement or the breach of a duty and
obligation imposed by law, except that it does apply to a breach of
the obligation imposed upon a tenant by division (A)(9) of section
5321.05 of the Revised Code.
Section
2.
That
existing sections 120.521, 120.53, 1923.06, 1923.08, 3735.41, and
5321.17 of the Revised Code are hereby repealed.
Section
3.
All
items in this act are hereby appropriated as designated out of any
moneys in the state treasury to the credit of the designated fund.
For all operating appropriations made in this act, those in the first
column are for fiscal year 2026 and those in the second column are
for fiscal year 2027. The operating appropriations made in this act
are in addition to any other operating appropriations made for these
fiscal years.
Section
4.
1
2
3
4
5
A
PUB
OHIO PUBLIC DEFENDER COMMISSION
B
Dedicated
Purpose Fund Group
C
5WQ0
019625
Eviction
Defense
$750,000
$0
D
TOTAL
DPF Dedicated Purpose Fund Group
$750,000
$0
E
TOTAL
ALL BUDGET FUND GROUPS
$750,000
$0
EVICTION
DEFENSE
The
foregoing appropriation item 019625, Eviction Defense, shall be used
to fund legal representation for indigent defendants in eviction
proceedings pursuant to section 120.532 of the Revised Code.
CASH
TRANSFER FROM THE GENERAL REVENUE FUND TO THE EVICTION DEFENSE FUND
Upon
the effective date of this act, or as soon as possible thereafter,
the Director of Budget and Management shall transfer $750,000 cash
from the General Revenue Fund to the Eviction Defense Fund (Fund
5WQ0), created in section 120.531 of the Revised Code.
An
amount equal to the unexpended, unencumbered balance of the foregoing
appropriation item 019625, Eviction Defense, at the end of the fiscal
year 2026 is hereby reappropriated for the same purpose in fiscal
year 2027.
Section
5.
Within
the limits set forth in this act, the Director of Budget and
Management shall establish accounts indicating the source and amount
of funds for each appropriation made in this act, and shall determine
the manner in which appropriation accounts shall be maintained.
Expenditures from appropriations contained in this act shall be
accounted for as though made in, and are subject to all applicable
provisions of, the main operating appropriations act of the 136th
General Assembly.