Articles

As everyone who’s watched Kentucky Evictions from A-Z knows, the Uniform Residential Landlord Tenant Act (URLTA) is an odd piece of legislation. It was passed into law by the state legislature, but it only applies in a particular city or county when it is adopted by that city or county’s government. As a result, the URLTA only applies in 19 jurisdictions in Kentucky. For a complete list, check out this article.  HB 380 Last week, a bill was filed in the state House of Representatives to change that. House Bill (HB) 380 amends the URLTA to make it apply to...

As I noted in my last message to my e-mail list (you can subscribe at the bottom of the page), there is a lot happening legislatively that has implications for Kentucky landlords. In my last post, I discussed “the Dog-Bite Bill” (SB 68), which has passed the Senate and is sitting in the House. Click here to get the details on the bill and what you can do to support it. Today, I’m going to take a look at House Bill (HB) 41. HB 41 is a revised version of a bill that was filed last year seeking protection for...

In my very first post on this site, found here, I wrote about the 2012 case of 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 dogs that they permit to be cared for or housed on their property if the dog causes damage on the property or within immediate physical reach of the property. The relevant liability statute, found here, holds owners liable for injuries and damages caused by their dog, and the Court interpreted the definition of “owner” to include...

Our recent theme on the blog has been familial status discrimination. My first article on the topic delved into age-related rules that are commonly used by landlords and gave some guidelines on which rules to eliminate and which need to be revised to comply with Fair Housing law. My most recent article was about a property manager who tried to keep residents with children separated from those without children. Her intent was to keep the children in a safer part of the property and to keep noise levels down for residents without children. The fact patterns in both articles were...

THE ISSUES Kelsey has managed rental property for many years. For the last 10 years, she has been with a small apartment community with 28 units. The property has two buildings, one in the front and one in the back of the property. During Kelsey's early years at the property, she had several residents complain that cars were speeding in the parking lot. Apparently, several of the offenders had nearly hit some children playing near the front building. Kelsey followed up on the complaints and did her best to identify the speeding vehicles, but she could never pin the offense on any...