Articles — eviction
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
A Response to Claims about Evictions in Lexington
Posted by Stephen Marshall on
A RESPONSE TO THE LEXINGTON FAIR HOUSING COUNCIL’S REPORT ON EVICTIONS The Lexington Fair Housing Council (hereinafter “the FHC) has recently released a document titled Locked Out: Foreclosure, Eviction and Housing Instability in Lexington, 2005-2016 (hereinafter referred to as “the Report”). The Report was presumably created because the FHC believes that Lexington has a housing instability crisis that has either resulted from, or been perpetuated in large part from, too many evictions and foreclosures. Because of the tone and tenor of the Report, as well as the facts that it addresses issues affecting our association and names certain members of...
New Case Law on Evicting Month-to-Month Tenants
Posted by Stephen Marshall on
We don't get much case law in the landlord-tenant arena. It's usually too expensive for either side to appeal their case up to the Kentucky Court of Appeals or Kentucky Supreme Court. So landlords, tenants, and their attorneys are left trying to guess how their local judges will interpret the statutes that we have. But we got some additional clarification last month in the case of Young v. House, which originated in Pulaski District Court. You can read the full opinion here. The Case: Young v. House The lease in this case had expired, and the tenants were renting the property month-to-month. Rent was...
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- Tags: eviction, eviction appeal, eviction notice, evictions, month-to-month tenants, non-renewals
A New Consumer Protection Rule on Evictions
Posted by Stephen Marshall on
I just have a brief update today, but potentially an important one. The Bureau of Consumer Financial Protection has issued a new rule that puts a new obligation on landlords, attorneys, and collection agencies seeking to evict or collect debts from tenants. The rule amends the Fair Debt Collection Practices Act, which applies to “debt collectors”. You can read the new rule and all the commentary on it here and can find a fact sheet on it here. DEFINITIONS OF “DEBT” AND “DEBT COLLECTOR” Under the FDCPA, “debt” is defined as “any obligation or alleged obligation of a consumer to pay...
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- Tags: CDC Eviction Moratorium, debt collection, eviction, eviction notice, Fair Debt Collection Practices Act
Solving the CDC's Partial Payment Dilemma
Posted by Stephen Marshall on
In my last update I talked about the new procedures in eviction courts throughout the state when the case is based on the tenant’s failure to pay rent. On the first court appearance, if the tenant fails to appear, you will be granted a judgment. If the tenant appears, the judge will advise both parties of the state and local rental assistance options and of the CDC Declaration Form and will reschedule the matter for two weeks. If the tenant signs the CDC Declaration Form, the matter is being rescheduled for January. If the tenant fails to sign the CDC...