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 B I L L
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
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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
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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
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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
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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:
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(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
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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.
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(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
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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
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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
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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
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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
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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.
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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
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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,
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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
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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
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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:
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(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
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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
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569 H. B. No. 181 Page 21
As Introduced
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
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598 H. B. No. 181 Page 22
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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
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As Introduced
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
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As Introduced
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.
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