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I have two announcements today, both for Fayette County folks, and a Fair Housing update. JURY TRIALS POSTPONED First, all jury trials in Fayette County have been postponed until February. So, if you have a forcible detainer jury trial scheduled for November, December, or January, it has been postponed and you will get a new court date. NO IN-PERSON EVICTIONS DURING NOVEMBER Second, evictions in Fayette County will be done remotely during the month of November. That means if you have an eviction scheduled this month, you will need to contact the Fayette District Judges’ Office at (859) 246-2247 within...

In my last update I talked about how to deal with tenants who come to you with partial payments. If you didn’t see that post, click here to check it out. Today I’m here to talk about some recent guidance from the CDC about their eviction moratorium, as it gives us a little more clarity on how things may be done. A joint group consisting of the CDC, the Department of Health & Human Services, HUD, and the Department of Justice issued a response to Frequently Asked Questions about the CDC Temporary Eviction Moratorium. I saw no surprises in their positions,...

In my last update I talked about the new procedures in eviction courts throughout the state when the case is based on the tenant’s failure to pay rent. On the first court appearance, if the tenant fails to appear, you will be granted a judgment. If the tenant appears, the judge will advise both parties of the state and local rental assistance options and of the CDC Declaration Form and will reschedule the matter for two weeks. If the tenant signs the CDC Declaration Form, the matter is being rescheduled for January. If the tenant fails to sign the CDC...

We have four agenda items today: New eviction court procedures that took effect on Monday.  How judges are handling signed CDC forms.  Frequently Asked Questions  Lawsuit Challenging the CDC regulation.  New Eviction Court Procedures On Monday, September 21, the recent Kentucky Supreme Court order on eviction procedures in nonpayment cases took effect. Remember, this only applies to cases where the only basis for the eviction is nonpayment of rent. Evictions for other reasons are being handled in the usual manner. But, for nonpayment cases, here’s how the process is actually playing out: On the first court appearance, if the tenant fails...

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...