Articles — state legislation

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...

  Earlier this month, Lexington's Urban County Council passed an ordinance that would prohibit housing providers from discriminating based on a tenant's "source of income". That ordinance is set to take effect tomorrow, March 1. The upshot of the ordinance is that if a tenant applies and qualifies to live at your rental property, you could not reject that tenant because part of their income includes a housing voucher, such as Section 8 vouchers. However, the state legislature has been considering two bills that would prohibit local governments from adopting or enforcing such ordinances. The two bills were merged into...

The Kentucky General Assembly recently wrapped up its 2023 Legislative Session. There was no movement on most of the bills that would have been detrimental to rental owners, but one bill was passed into law that is concerning.  KRS 376.010 is known as the Mechanic's Lien Statute. You can read it here. It lays out the terms under which a contractor has the right to put a lien on real estate because he provided labor or materials to improve the property but was not paid for his work. Liens were available if the contractor provided the labor or materials under an agreement with...

RENTAL ASSISTANCE UPDATE Lexington's rental assistance program has become much more landlord-friendly. The Housing Stabilization Program has removed the 45-day waiting period and the 30-day notice requirement from its settlement agreements. This means that if your tenant receives assistance but fails to resume paying rent once the money runs out, you may proceed to give your usual notice to pay or vacate immediately rather than waiting for 45 days then giving a 30-day notice. This is good news that should encourage more landlords to participate in the program and get their rent paid. The settlement agreement still requires that you...

MORE PROPOSED LANDLORD LEGISLATION There’s been a flurry of activity at our state legislature recently, with several new bills being filed that would impact the rental industry. Several of them repetitive, mirroring bills already filed in the other legislative chamber. And most of them are bad. Let’s take a look. LEGISLATIVE UPDATE  Senate Bill 289 – This bill is sponsored by Senator Reggie Thomas from Lexington. It would allow tenants to expunge any eviction judgment based on nonpayment of rent during the Covid-19 pandemic, beginning March 6, 2020. You can read the bill at this link. Senate Bill 357 –...