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Five New Bills Affecting Landlords
Posted by Stephen Marshall on
What’s up, gang. I’m back with another Legislative Update. In last week’s update I told you about HB 250, the Squatters Bill that you need to support. If you missed that update, you can find it here. Today I’m going to talk about five other bills, one that you’ll likely want to support and four that I suspect you’ll want to oppose. First, let’s talk about the one you need to support, House Bill 173. HB 173 HB 173 prohibits any local government from adopting or enforcing an ordinance that creates or maintains a registry of...
Legislative Update - Squatters Bill
Posted by Stephen Marshall on
Over the last couple of years you’ve likely heard a lot of talk, especially coming from the West Coast, about squatters and the idea of “squatters’ rights”. There were some horror stories out of California about people breaking into high-dollar homes and taking up occupancy and tying up the property for years because courts would not remove them. And there’s no doubt that here in Kentucky certain people have attempted to abuse the idea of “squatters’ rights”. In most cases, they’ve moved in with the consent of a current tenant, then refused to leave later on, claiming that they...
Summer Update (Source of Income, Swimming Pools, and CARES Act Notices)
Posted by Stephen Marshall on
Howdy, gang. It’s been a while, but I’m back with a few updates on issues that are important in the landlord-tenant space. We’re going to look at three topics today: The state of the law on Source of Income New swimming pool legislation Notice requirements for CARES Act properties The state of the law on Source of Income As most of you know, the city of Louisville passed a local ordinance in 2021 that required housing providers to accept Section 8 vouchers for tenants who otherwise meet the provider’s Tenant Selection Policy. Early in 2024, Lexington’s city government did the...
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- Tags: 30-day notice to vacate, CARES Act, discriminatory effects, disparate impact, eviction, eviction notice, evictions, source of income discrimination, state legislation, swimming pools
Update on Source of Income Legislation
Posted by Stephen Marshall on
Earlier this month, Lexington's Urban County Council passed an ordinance that would prohibit housing providers from discriminating based on a tenant's "source of income". That ordinance is set to take effect tomorrow, March 1. The upshot of the ordinance is that if a tenant applies and qualifies to live at your rental property, you could not reject that tenant because part of their income includes a housing voucher, such as Section 8 vouchers. However, the state legislature has been considering two bills that would prohibit local governments from adopting or enforcing such ordinances. The two bills were merged into...
Update on Eviction Notice Requirements in Lexington
Posted by Stephen Marshall on
In this post in late October I let you know that a Legal Aid attorney filed a motion in one of my eviction cases arguing that the CARES Act is still alive and requires certain housing providers to give 30-day notices. Since then, two Fayette District Court judges have ruled that the CARES Act does NOT apply and seven-day notices to pay or vacate are acceptable. However, on January 26, one of the five Fayette District Court judges ruled differently, holding that the CARES Act still requires 30-day notices to pay or vacate. So, as of January 30, here’s where...