City Council passes ordinance preserving Pay-to-Stay

Athens City Council met on Tuesday night to discuss developments in state legislation that could impact an ordinance it hoped to pass protecting a tenant’s right to Pay-to-Stay.

According to an Eviction Innovation post, Pay-to-Stay ensures that if a tenant can pay any rent or additional fees they are behind on, an eviction lawsuit against them can be dropped. Councilmember Ben Ziff moved to table this ordinance due to information that suggested the Ohio State Legislature had passed legislation that would make any Pay-to-Stay ordinance null and void. 

Each member of City Council received an email at 5:30 p.m. from acting Judge Rusty Rittenhouse regarding the ordinance. The email informed the council that some recent legislation at the state level, House Bill 430, might preemptively shut it down. 

“I think the point that Rusty Rittenhouse was trying to make was that a lot of people would rely on our ordinance, and maybe to their detriment, if it is subsequently found to be a violation of the state code,” Law Director Lisa Eliason said.

Councilmember Alan Swank challenged this, suggesting that the council pass the ordinance, even if state legislature would make it obsolete. Swank argued that If a different municipality were to challenge that legislation and win, Athens would already have a Pay-to-Stay ordinance to reinstate, rather than having to start over from scratch. 

Eliason, along with Lucy Schwallie, a managing attorney from Southeastern Ohio Legal Services, argued for more time to research the new legislation, in order to completely understand how it would relate to the city ordinance. However, House Bill 430, which will not go into effect until Sept. 23, deals with issues of rent control, contract, and stabilization, but may not preempt Pay-to-Stay.

Following a vote, the ordinance to preserve Pay-to-Stay was adopted. The ordinance will not go into effect for another 30 days. If, following research and a formal legal opinion, it is found to be a violation of state code, changes can be made accordingly.

In other council news, the 150th anniversary of the Athens City Building approaches. The council discussed a multi-phase renovation plan to improve accessibility and update the building, beginning with the conference rooms. Mayor Steve Patterson, along with other mayors from around Ohio, are attending a meeting at the White House on Sept. 7th to discuss the effects of current federal legislation with President Biden and his administrative staff. Additionally, Councilmember Sam Crowl announced that the Environment and Sustainability Commission will meet on the first floor of the City Building today at 6 p.m. Later, at 7 p.m, the Athena will be showing “The Revolution Generation,” kicking off the fall semester’s Sustainability Film Series.