Bozeman codifies tenant counsel right, funds Montana's first rental mediation program

The Bozeman City Commission has unanimously passed a resolution provisionally adopting goals and an ordinance codifying a tenant’s "right to counsel" and funding for a landlord/tenant mediation program.

A second reading of the policy is scheduled for sometime in the next two weeks. The program, developed largely from a May work session, could become effective 30 days from the Dec. 2 decision.

The city received approximately 40 written comments from residents on the program from May, according to officials at Tuesday’s weekly Commission meeting.

“This was goal number two on the City Commission’s 2024 through 2026 priority list,” said Chuck Winn, city manager.

Winn said details in the program are informed by landlords, renters, Montana State University and legal experts.

“This has never been done in Montana,” he said. “We had nothing to follow, nothing to model from other than national programs.

“This is a comprehensive program.”

Winn said the program not only enables public renter access to an attorney, but prioritizes education and mediation as preventative components.

“Hopefully we can get people (tenants and landlords) talking, and that would avoid evictions — figure out how to solve these problems together,” he said. “The last part is representation with an attorney.”

Education aspects could include helping renters identify illegal rental agreement provisions, and promote good renter practices, Winn said. Developing separate contract proposals to obtain qualified third-party providers with experience in mediating landlord-tenant conflict and renter/landlord education now begins, per officials.

“The question is how much is this going to cost,” Winn added. “The answer is we don’t know. What we do know is that we have a framework for the program. We will go out and talk to service providers. We have set aside money in this year’s budget to make that process happen and begin it ... before the end of the fiscal year.”

Winn predicted a budget item is likely to be considered by the Commission for the next fiscal year as well.

The program’s primary goals are eviction prevention and enabling housing stability while broadening participant eligibility and representation. Per the ordinance, the program is open to all tenants and landlords in all agreements for residential property in the city at no charge to either group.

There were more than 100 evictions in the city of Bozeman in 2023 and 2024. Of those, only seven renters received legal representation, said Anna Saverud, city attorney. She cited nonpayment of rent as the overwhelming reason for the majority of evictions.

“When someone is not able to even pay for their basic needs, the cost of an attorney is prohibitive,” she said, noting a majority of the public supports the measure. “It’s a lack of finances and understanding the process. There are rarely attorneys involved in that process.”

A dozen or more members of the public wore yellow shirts with slogans such as “House the People” and representing Bozeman Tenants United, a union that advocating for safe, affordable housing for city residents. Many participated in the public comment period, touting benefits of the policy in advancing tenant rights.

After the vote they celebrated with hugs.

“We are sick and tired of being bullied and controlled by corporate landlords who know that we can barely afford rent and certainly not afford a lawyer in court,” said Ozaa EchoMaker, a Bozeman Tenants United leader. “Right to counsel not only benefits the tenants who make up a majority of this town, but our entire community.”

EchoMaker said the policy benefits local landlords and saves time, money and stress from evictions. Taxpayer money is saved by preventing evictions from causing homelessness, she said.

“We see firsthand the success that can happen when the landlord and tenant can talk and come to a resolution,” said Heather Grenier, CEO of the HRDC, a Bozeman-based nonprofit dedicated to reducing poverty.

The HRDC manages more than 500 housing units.

“Tenants without counsel are more likely to evicted,” said Amy Hall, a Montana Legal Services Association attorney.

Landlords decried the resolution and ordinance as generating a greater cost risk, turning the tables on independent property owners.

“The financial unknowns ... should prevent undertaking this ridiculous ordinance,” said Deanna Campbell, a Bozeman landlord.

“There are so many tenants and even some landlords who have false information and they really need to know exactly what’s going on,” said Robert Smaus, western vice president of the Montana Landlords Association. “What tenants don’t understand is that a landlord doesn’t evict them; they terminate a contract that they’ve had with them that’s signed by both parties. Then it goes to the court and the court evicts them.”

“If I lost a couple months of rent on my house, I couldn’t live in Bozeman,” said Karen Lyndell, another Bozeman landlord. “You have no idea how much it is going to cost.”

Bozeman codifies tenant counsel right, funds Montana's first rental mediation program

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