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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 Source of Income Legislation

Posted by Stephen Marshall on

Update on Source of Income Legislation

  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...

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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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Two Last-Minute Thoughts on the Section 8 Proposal

Posted by Stephen Marshall on

Two Last-Minute Thoughts on the Section 8 Proposal

So, today’s the day. This evening at 6:00 the LFUCG Social Services and Public Safety Committee will hear public comment on the proposed ordinance that would require housing providers to accept all forms of lawful income, including two very problematic sources: Section 8 vouchers and income from other individuals. I’ve already said most of what needs to be said about this issue, but I do want to comment on a couple of points in case I’m not able to speak tonight at the meeting. My daughter has a basketball event, so I won’t be able to stay at the meeting...

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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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