Articles — legislation

A New Protected Class and Updates on State Legislation

Posted by Stephen Marshall on

A New Protected Class and Updates on State Legislation

Greetings from a very icy Lexington, Kentucky. We’ve had some new developments that I wanted to update you about: (ANOTHER) NEW FAIR HOUSING EXECUTIVE ORDER  President Biden also signed an Executive Order asking federal government agencies to review laws that prohibit discrimination based on sex and to enforce those laws against discrimination based on Sexual Orientation and Gender Identity.  In response, earlier today HUD issued a memo that they would be interpreting the Fair Housing Act as prohibiting housing discrimination based on Sexual Orientation and Gender Identity throughout the country. HUD and its state and local agencies will now be...

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Kentucky's New Assistance Animal Law: What Landlords Need to Know

Posted by Stephen Marshall on

Kentucky's New Assistance Animal Law: What Landlords Need to Know

In 2018, Kentucky joined a growing list of states that have passed laws addressing fraudulent conduct by tenants and others attempting to get an Assistance Animal. KRS 383.085 makes it a criminal offense for any person to knowingly provide false information or documents in an attempt to get an Assistance Animal in housing. Check out this post to find out the details on Kentucky's version of the law.

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A Response to a Hit Piece on Landlords

Posted by Stephen Marshall on

A Response to a Hit Piece on Landlords

On October 13, 2017, the Lexington Herald-Leader ran a front-page article that was nothing more than a hit piece against Lexington's private rental industry. The article's purpose, other than perpetuating a false narrative against landlords, was to promote a report released by the Lexington Fair Housing Council titled Locked Out: Foreclosure, Eviction and Housing Instability in Lexington, 2005-2016. You can read the report in its entirety here. You'll likely be appalled at the report's tone that landlords are the problem and at its suggestion that landlords profit from evictions and exploit the eviction process for personal gain. In short, the...

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Kentucky's New Dog-Bite Law: What Landlords Need to Know

Posted by Stephen Marshall on

Kentucky's New Dog-Bite Law: What Landlords Need to Know

In my very first post on this site, found here, I wrote about Kentucky’s then-current law on liability for landlords for dog-bites on their rental property. The law at that time centered around a 2012 case, Benningfield v. Zinsmeister, in which the Kentucky Supreme Court interpreted the state’s dog-bite statutes in such a way as to hold landlords liable for injuries caused by certain dogs on their rental property if the dog causes damage on the property or within immediate physical reach of the property. I’m glad to finally get to provide an update on that law: it’s changed. Landlords are...

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Kentucky's New Domestic Violence Law: What Landlords Need to Know

Posted by Stephen Marshall on

Kentucky's New Domestic Violence Law: What Landlords Need to Know

On March 30, 2017, the Kentucky General Assembly passed House Bill 309, a bill creating new rights, obligations, and protections for landlords and tenants affected by incidents of domestic violence. Similar bills had been filed in previous years, but had never been brought to a vote. This year, the bill passed both houses of the legislature easily and, on April 11, 2017, was signed into law by Governor Bevin. The new law, which will be found in KRS Chapter 383, will take effect this week on June 29, 2017. It will drastically change the way many landlords do business, so...

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