Omaha Housing Authority Sues Nebraska Over Eviction Counsel Law

The Omaha Housing Authority (OHA) is suing the state of Nebraska over a provision in Legislative Bill 840 that requires public housing agencies to pay for tenants' court-appointed attorneys in eviction cases. OHA argues this requirement violates federal regulations, as its funding comes entirely from federal sources that prohibit using those funds for tenant legal fees. The suit claims the law creates an unfunded mandate that could cost OHA nearly $1 million annually and hinder its ability to evict tenants who violate lease terms, including nonpayment or criminal activity. OHA emphasizes its support for tenant legal representation and points to the existing Tenant Assistance Project, which provides free legal help through volunteers. The agency's CEO, Joanie Balk, described the lawsuit as a last resort after unsuccessful attempts to resolve the issue with lawmakers. The case highlights tensions between state legislative actions and federal housing program requirements.