Articles — CARES Act

Update on Eviction Notice Requirements in Lexington

Posted by Stephen Marshall on

Update on Eviction Notice Requirements in Lexington

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...

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The CARES Act and Section 8 Legislation

Posted by Stephen Marshall on

The CARES Act and Section 8 Legislation

Could it be that the CARES Act 30-day notice requirement is still alive? That's what some tenant attorneys are arguing. If that argument is accepted, it's yet another reason to oppose Lexington's Section 8 ordinance. See the video for more details.

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The CDC Eviction Moratorium is Expiring

Posted by Stephen Marshall on

The CDC Eviction Moratorium is Expiring

The President announced today that the CDC will allow its eviction moratorium to expire, due largely to the court rulings that they have no statutory authority for the moratorium. Still, the President called on Congress to take action to extend the moratorium further. There's a lot that we don't know about how things will play out. Check out the video to find out where things stand right now on evictions, rental assistance, and notices to give for non-payment of rent. One thing I forgot to include in the video is that the National Apartment Association is filing a lawsuit against...

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New HUD Guidance on CARES Act Notices

Posted by Stephen Marshall on

New HUD Guidance on CARES Act Notices

THE CARES ACT - RESURRECTED?  In my March 1 update, I told you about a new rule issued by the Kentucky Supreme Court that allowed evictions throughout the state to move forward as of April 1 without regard to the CARES Act. Verification Forms are no longer required and the Court made no mention of issuing 30-day notices at CARES Act properties.   Based on that development, my advice was that CARES Act properties no longer have to issue 30-day notices in Kentucky. However, HUD has apparently gotten wind that numerous states are doing away with the 30-day notice requirement, so...

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The Noose Tightens Around the CDC Eviction Moratorium

Posted by Stephen Marshall on

The Noose Tightens Around the CDC Eviction Moratorium

  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...

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