State level
Pros
Avoids preemption
States often have more power to tell actors (LLs, courts) what to do
Covers the whole state, so no “justice by geography” where a tenant across the street from an eligible tenant might not be eligible
Can lead to better coordination between legal services providers in different areas
Precedent in 5 states (Washington, Maryland, Connecticut, Minnesota, Nebraska)Notice voluntarily done by the court
Cons
Can be difficult in conservative states
Requires more funding
It can be difficult to get good estimate of statewide costs
In nearly every state, the bill must pass both a House and Senate (exception: Nebraska)
Legislative process is sometimes short and has tough deadlines (ex. deadline for bill to cross from House to Senate or vice versa)
The bill could get assigned to multiple committees, making the process even longer and harder to get through in a short timetable
Even if it gets through legislature, could get vetoed by Governor (although legislature may be able to override)
Some legal aid providers may have trouble building service capacity in rural parts of the state
Local (city, county)
Pros
Can be easier to organize at the local level than running a statewide campaign
Progress can be possible even where state as a whole is conservative
Lawmaking process may run all year
Don’t have to worry about getting through two houses of government (may still have to get through committee)
Lots of success to point to on RTC front (18 cities, 2 counties)
May be more opportunities for public comment than with state process
Cons
Part of local gov’t that you want to pay for RTC may not be the part that reaps the economic benefits
Politics between the city council and Mayor can get complicated, and both are often needed to get it done
Local gov’t may lack legal authority to pass an effective ordinance, or could get preempted by the state
Can be hard on legal services providers to turn away people with urgent cases based on whether person officially lands within the city/county limits
There may be changes needed to the eviction process (adjournments to meet with counsel, notice to tenants, etc.). If a city/county lacks power to do this, you would need the voluntary cooperation of the local judges or courts.