Articles — evictions

Five New Bills Affecting Landlords

Posted by Stephen Marshall on

Five New Bills Affecting Landlords

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...

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Summer Update (Source of Income, Swimming Pools, and CARES Act Notices)

Posted by Stephen Marshall on

Summer Update (Source of Income, Swimming Pools, and CARES Act Notices)

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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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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Major Change to Eviction Filings

Posted by Stephen Marshall on

Major Change to Eviction Filings

On April 18, 2023, the Kentucky Supreme Court issued an order requiring all Forcible Detainer cases to be electronically filed using the Court’s e-Filing system, effectively July 1, 2023. While that may make the process simpler in the long run, we expect significant issues during the roll-out process. Simply put, the court’s e-Filing system is not set up yet for mass filings, so it may take longer than usual to get cases filed. We are working with the Clerk’s office and the Administrative Office of the Courts to get changes made to the system that will allow cases to continue...

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