71-15,139.

Termination of tenancy; procedure; recovery of possession of premises; when.

(1) A housing agency may adopt and promulgate rules and regulations consistent with federal and state laws, rules, and regulations and the purposes of the Nebraska Housing Agency Act concerning the termination of tenancy.

(2)(a) If a housing agency seeks to terminate a resident's tenancy, the housing agency shall serve a written notice of termination on such resident setting out the reasons for such termination.

(b) If the premises is located in a city of the metropolitan class, the notice shall contain a statement in substantially the following form: "You have the right to representation by an attorney. This right applies to eviction proceedings before a court and in any hearing to contest termination of your tenancy before the [name of housing agency]. An attorney will be appointed to represent you, at no cost to you, at the beginning of such proceedings or hearing.".

(c) The resident shall be given the opportunity to contest the termination in an appropriate hearing by the housing agency. A resident may contest the termination in any suit filed by the housing agency in any court for recovery of possession of the premises.

(3) Such notice may provide that if the resident fails to (a) pay his or her rent or comply with any covenant or condition of his or her lease or the rules and regulations of such housing agency, (b) cure a violation or default thereof as specified in such notice, or (c) follow the procedure for a hearing as set forth in the notice, all within the time or times set forth in such notice, the tenancy shall be automatically terminated and no other notice or notices are required for such termination or the intent to terminate the tenancy, and upon such termination, and without any notice other than as provided for in this section, a housing agency may file suit against any resident for recovery of possession of the premises and may recover the same as provided by law.

(4) A housing agency may, after three days' written notice of termination and without an administrative hearing, file suit and have judgment against any resident for recovery of possession of the premises if the resident, any member of the resident's household, any guest, or any other person who is under the resident's control or who is present upon the premises with the resident's consent, engages in any drug-related or violent criminal activity on the premises, or engages in any activity that threatens the health, safety, or peaceful enjoyment of other residents or housing agency employees. Such activity shall include, but not be limited to, any of the following activities of the resident, or the activities of any other person on the premises with the consent of the resident: (a) Physical assault or the threat of physical assault; (b) illegal use of a firearm or other weapon or the threat to use an illegal firearm or other weapon; or (c) possession of a controlled substance by the resident or any other person on the premises with the consent of the resident, if the resident knew or should have known of the possession of such controlled substance by such other person, unless such controlled substance was obtained directly from, or pursuant to, a medical order issued by a practitioner authorized to prescribe, as defined in section 28-401, while acting in the course of his or her professional practice.

(5)(a) This subsection only applies if the premises is located in a city of the metropolitan class.

(b) If the resident requests a hearing by the housing agency to contest the termination, counsel shall be appointed for the resident prior to such hearing unless the resident is already represented by counsel. The housing agency shall file an application with the county court or district court of the county in which the premises is located. The court shall appoint counsel to represent the resident in the hearing and in any related action for recovery of possession of the premises.

(c) If the resident does not request a hearing by the housing agency to contest the termination and the housing agency files an action for recovery of possession of the premises, the court shall appoint counsel for the resident unless the resident is already represented by counsel.

(d) The resident may waive court-appointed counsel or retain the resident's own counsel. The cost of any court-appointed counsel shall be paid by the housing agency.

(e) Counsel appointed pursuant to this section shall apply to the court before which the proceedings were had for fees for services performed.

(f) In the case of a hearing to contest a termination for which there are no related court proceedings, counsel shall apply to the county court or district court of the county in which the premises is located.

(g) The court, upon hearing the application, shall fix reasonable fees. The housing agency shall allow the account, bill, or claim presented by any attorney for such services in the amount determined by the court. No such account, bill, or claim shall be allowed by the housing agency until the amount has been determined by the court.

(h) A housing agency shall not assess a fee against any resident for legal services provided under this subsection or otherwise attempt to recoup such costs from such resident.