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An ordinance to amend Title 2 of the Metropolitan Code of Laws to create a new chapter establishing an eviction right to counsel program to be administered by the Housing Division of the Department of Planning.
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WHEREAS, in February 2022, Legal Aid Society of Middle Tennessee and the Cumberlands (“Legal Aid”), Conèxion Americas, Workers Dignity, and the Hispanic Bar Association prepared a report on right to counsel programs across the nation and proposed a right to counsel program in Metropolitan Nashville and Davidson County in order to provide outreach, education, and legal representation to low-income families facing eviction; and
WHEREAS, the Metropolitan Council appropriated American Rescue Plan Act (“ARPA”) funds to pilot an eviction right to counsel program through a partnership with Legal Aid, the Hispanic Bar Association, and other nonprofit organizations; and
WHEREAS, The Eviction Lab reports over 14,000 eviction filings in Davidson County over the past 12 months, with 1,256 eviction filings in January 2026; and
WHEREAS, the Unified Housing Strategy found that the ERTC program is essential to ensuring stability for Nashvillians facing eviction and the program should be operationalized in a Metro department to ensure continuity; and
WHEREAS, the Metropolitan Government determines that it is in the best interest of the citizens of Nashville and Davidson County to establish the Eviction Right to Counsel to reduce displacement due to eviction, increase housing stability, and reduce inflows into homelessness and to authorize the Housing Division of the Metropolitan Planning Department to establish program guidelines and oversee program implementation; and
WHEREAS, the ERTC program may be supported by appropriations by the Metropolitan Council and/or by private funding.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Title 2 of the Metropolitan Code of Laws is hereby amended by adding a new Chapter 2.236:
Chapter 2.236 - Eviction Right to Counsel
2.236.010 - Eviction right to counsel program.
The eviction right to counsel program provides eviction assistance, including full legal representation and tenant outreach and education, to qualified residents of the metropolitan government through qualified nonprofit organizations or associations as designated in this chapter.
2.236.020 - Definitions.
As used in this chapter:
“Covered individual” means any person a) who rents property in which they reside within the boundaries of the metropolitan government; and b) whose annual household income equals or is less than four hundred percent of the federal poverty guidelines for the contiguous United States as established and updated by the United States Department of Health and Human Services.
“Covered proceeding” means any of the following: a) any judicial or administrative proceeding to evict or terminate the tenancy or housing subsidy of a covered individual; b) any proceeding that arises from extrajudicial attempts to remove a covered individual from their home; c) any proceeding deemed by a designated organization as the functional equivalent of such a proceeding; or d) any first appeal of such a proceeding where the landlord seeks appeal or where a designated organization determines in its sole discretion that there are good grounds for such appeal.
“Designated organization” means any not-for-profit organization or association that has the qualifications and capacity to provide full legal representation to covered individuals facing eviction regardless of ability to pay and agrees to adhere to the provisions in this chapter.
“Designated community group” means a not-for-profit organization or association that a) has the qualifications and capacity to conduct tenant outreach and education or provide related services such as landlord/tenant mediation or rental assistance; and b) maintains a practice of furnishing free services and demonstrates expertise in relevant aspects of supporting low-income tenants within the metropolitan government.
“Full legal representation” means ongoing legal representation provided by a designated organization to a covered individual during a covered proceeding 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 and shall be provided by a lawyer licensed to practice in Tennessee.
2.236.030 - Program administration.
The department of planning is authorized to implement and administer the eviction right to counsel program and shall:
A. Develop program guidelines in consultation with stakeholders and based upon national best practices. The program guidelines shall include but not be limited to the provision of full legal representation, outreach and education to tenants and landlords, and mediation services. Services and assistance shall be made available in languages commonly spoken by covered individuals.
B. Subject to the availability of funding, enter into agreements with one or more designated organizations and/or designated community groups to effectuate the purposes of this chapter, including full legal representation. Such agreements shall adhere to applicable grant requirements of the metropolitan government and be approved by the metropolitan government.
C. Require the following reports from designated organizations and designated community groups that enter into contracts under this chapter:
1. a report with each invoice that outlines impact and progress in a format determined by the department of planning
2. an annual report in a format directed by the department of planning.
D. Post reports online and provide an annual report to the metropolitan council no later than August 31 of each year.
Section 2. That this ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.