OHA Sues Over Nebraska’s New Law Requiring Legal Fees for Evictions

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Mathew Abraham

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Mathew Abraham

Mathew Abraham, editor of Century Homes America, brings his passion for architectural history to explore the stories behind America’s most iconic homes.

OHA Fights Law Forcing It to Pay for Tenants’ Lawyers
Omaha Housing Authority/Facebook

The Omaha Housing Authority (OHA) has filed a lawsuit challenging a new state law that requires housing agencies to pay for legal fees when evicting tenants. The agency argues the mandate puts an unfair financial strain on its federally funded budget.

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New Law Explained

New Law Explained
Nebraska Legislature

The law, known as the Poverty Elimination Act, was passed in April 2024. Introduced by State Senator Tarell McKinney, it requires public housing authorities to cover the cost of legal counsel and eviction-related expenses for tenants they seek to remove.

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Lawmakers Behind the Bill

Lawmakers Behind Bill
Arizona Public Broadcasting Service

State Senator John Kavanaugh supported the measure alongside McKinney. The goal, supporters say, is to ensure low-income tenants have fair access to legal help when facing eviction.

OHA Pushes Back

OHA Pushes Back
Andrea Piacquadio/Pexels

The Omaha Housing Authority argues it is funded entirely by federal dollars and cannot legally redirect money meant for housing operations to pay for legal fees.

Agency Cites Funding Gap

Agency Cites Funding Gap
RDNE Stock project/Pexels

In a statement, OHA said the new law “provides no funding to OHA and argues that covering the legal expenses creates an unreasonable financial burden.”

Talks With Lawmakers Fail

Talks With Lawmakers Fail
Tara Winstead/Pexels

The lawsuit follows failed attempts by the housing authority to negotiate a solution with lawmakers that would allow the agency to meet the legal requirement without draining its budget.

Senator Responds

Senator Responds
Leeloo The First/Pexels

Senator Tarell McKinney reacted strongly, saying, “I am disappointed but not surprised to see OHA sue to avoid compliance.”

Court Battle Ahead

Court Battle Ahead
KATRIN BOLOVTSOVA/Pexels

The outcome of the lawsuit could set a major precedent for how local housing authorities handle tenant rights protections tied to federal funds and state law.

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