Articles — Executive Order

The flurry of activity last week created tremendous uncertainty out there surrounding evictions. I’m glad to say that some of that has been cleared up, at least momentarily. Here’s where we stand: On Friday, September 4, the CDC regulation took effect. It prohibits evictions based on nonpayment of rent or fees through December 31, 2020, for any tenant who declares under penalty of perjury that: They have used best efforts to obtain all available government assistance for rent or housing; They (i) expect to earn no more than $99,000 in income for 2020, (ii) were not required to report any...

It’s been a wild week already. Non-payment eviction cases resumed in the courts, eviction protests broke out (kind of), at least one judge’s home was vandalized, and the Governor signed a new Executive Order on evictions. Let’s take a look at all of it. Non-payment of Rent Cases in Court Non-payment of rent cases resumed in the Courts on Monday. The Supreme Court’s order in late July allowed non-payment evictions to be filed beginning on August 1. The courts then started putting non-payment cases on the docket that had been filed back in March, but had not been heard prior...

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...

This week has been a whirlwind of activity. Let’s start at the beginning. Lawsuit against the Governor to Allow Evictions for Failure to Pay  A few weeks ago I mentioned that a group was contemplating filing a lawsuit against the Governor if things did not open up soon. That lawsuit was filed earlier this week in federal court in Northern Ky. The suit was filed by the Greater Cincinnati Northern Kentucky Apartment Association, and three apartment community owners. The suit was filed against the Governor and the Circuit Court clerks in Boone, Kenton, and Campbell counties. Because the property owners...

The legal landscape is changing at a fast and furious pace due to COVID-19. Here's where things stand with evictions as of April 3, 2020. BACKGROUND On March 25, 2020, the Governor suspended all evictions throughout the state until he lifts the state of emergency. Earlier this week, the Kentucky Supreme Court closed the courts to non-emergency hearings, including evictions, until May 1. It further declared that the courts will not accept eviction filings until 30 days after the courts open again – which would be June 1. One of my privileges as an attorney is to sit on the...