Articles — CARES Act

  There’s been a lot that has happened since my last update, so let’s get right to it. BURYING THE CARES ACT First, I wanted to give a quick reminder that starting on April 1 the Kentucky Supreme Court is allowing evictions to proceed without regard to the CARES Act. That means two things: You no longer need to file a Verification of Compliance form with your eviction; and You may resume giving your usual notice to pay or vacate. For those of you in URLTA areas, you’d give a seven-day notice to pay or vacate unless your lease requires...

It’s been a while since I’ve had good news on the housing front, but I’m here to bring some positivity today.  BURYING THE CARES ACT  Congress passed the CARES Act last spring in as its first wave of relief in addressing COVID-19. It covered any property that participated in a federal government program or that had a loan insured by the federal government. For those properties, it created an eviction moratorium, a ban on late fees, and a requirement that landlords give a 30-day notice to pay or vacate once it expired on July 25  However, after the Act expired,...

Hey gang. Hope you’re doing well as we close out 2020 and start our new year. I wanted to give an update on where things stand right now.  New COVID-Relief Package  As most of you know, Congress passed and the President ultimately signed a new relief package. While the details of individual payments are still a bit fluid, here’s what we know about the rental issues in the package:  The Bad News - The CDC Eviction Moratorium has been extended through January 31, 2021. This means that any eviction cases that were continued from 2020 into January 2021 will likely...

Governor’s Executive Order As most of you know, for the first time in a long time, the Governor issued a new Executive Order yesterday with mandates. The Governor’s most recent mode of operation had been to issue recommendations, rather than mandates, but yesterday’s order was a mandate. You can read the entire order here. Fortunately, there’s not much in the order that will affect the rental industry. Most property management offices have been deemed to be essential services, so I do not believe that the 33% office requirement applies to you. However, I do think you’ll need to reduce capacity...

In most parts of the state, the courts are accepting eviction filings, so I wanted to give an update on what I’m seeing and hearing: Some counties (Clark, Madison, Mercer) are interpreting the Kentucky Supreme Court’s order allowing evictions to proceed as requiring ALL landlords to give a 30-day notice prior to filing an eviction. I think that is the wrong interpretation of the order, as the 30-day language in the order is only mentioned in connection with the CARES Act. What’s more, if every property was required to give a 30-day notice, there would be no reason to also...