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COVID-19 Information for Kentucky

The purpose of this page is to provide apartment industry professionals with an overview of the issues affecting our industry with regard to the COVID-19 pandemic. The page is intended for informational purposes only and does not constitute, and should not be construed as, legal advice. This resource is not intended to provide a mandatory standard of care for the industry.

State and Local Affiliates

Please remember to use your state or local apartment association as the primary resource for the most up-to-date information on your responsibilities. Find your local affiliate.

 

State Legal and Regulatory Information

We highly suggest you contact a local attorney before you decide to initiate an eviction action against a resident in the current environment as overlaying federal, state and county laws or restrictions on the judicial process may apply. This includes: issuing a notice to vacate, initiating any eviction-related action, or assessing fees or penalties on residents for nonpayment of rent or other lease violations. In addition to the below, you can access NAA's statutory information on late fees, eviction laws and other policy issues.

Shelter in Place

Effective Thursday, March 26, 2020, Governor Andy Beshear ordered that all non-life-sustaining businesses must cease all in-person services. The order will be in effect until the State of Emergency is lifted.

Effective Monday, May 11, 2020, more businesses will be allowed to open with new minimum requirements, as well as industry specific requirements.

Governor Beshear announced the expansion of the Monday, June 1, 2020, reopening guidance to include aquatic centers (excluding public pools), fishing tournaments and auto/dirt track racing. Additional guidance for barbershops, cosmetology, hair salons, tanning salons and tattoo parlors reopening is now available on Kentucky’s Healthy at Work website.

State of Emergency

Governor Andy Beshear declared a state of emergency on March 6, 2020.

Eviction

Executive Order 2020-257

  • Action: Suspension of evictions statewide through the end of the public health emergency. All law enforcement officers are directed to cease enforcement orders of residential evictions.

  • Scope: Nonpayment of rent.

  • COVID-19 Related Impact Requirement: No.

  • Residents Responsible for Rent: Yes.

  • Additional Commentary: The governor has added a Landlord Eviction Waiver to his website. Housing providers can now fill this out and get a waiver to evict a resident for reasons other than nonpayment of rent.

Supreme Court Order

  • Action: Under the State Supreme Court's order, except for emergency and statutorily required proceedings, evictions are continued, and new evictions cannot be filed until 30 days after the expiration of the order.

  • Duration: Through May 31, 2020. 

Rental Assistance/Housing Provider Assistance

No statewide emergency rental assistance for Kentucky.

Rent Freeze

No rent freeze is in effect at the state or local level. Local rent regulation is preempted by Kentucky Code § 65.875.

Price-Gouging Law

Under Kentucky Code § 367.374, it is unlawful to sell, rent, or offer to sell or rent a variety of services at prices in gross excess of their price prior to a declaration of emergency. In Kentucky, housing is included in these offered services. A price does not violate this statute if it is related to additional costs imposed by the supplier of the good onto the seller, if the price is 10 percent or less than the price prior to the declaration of emergency, 10 percent or less than the sum of the seller’s cost and normal markup, or is generally consistent with fluctuations across regional, national, or international markets. The language of this statute can hold for up to three additional 15-day periods. 

Local Legal and Regulatory Information

Louisville (Jefferson County)

Rental Assistance/Housing Provider Assistance

The City of Louisville has created an emergency fund to deploy resources to residents impacted by COVID-19. The fund will provide funding for rental assistance, childcare assistance, transportation aid, food access, utility assistance, pharmaceutical needs and other.

The funding is administered by Develop Louisville, the city's real estate and community development arm. Families and individuals earning up to 50% of area median income — $38,200 for a family of four — are eligible for the aid.

Owensboro

Rental Assistance/Housing Provider Assistance

The City of Owensboro has established the rollout of OBKY COVID-19 Emergency Relief Programs, which consist of three distinct opportunities that will provide assistance to residents and businesses within City limits. 

The Small Business Relief Fund will support eligible small businesses — those with 10 or fewer employees — with a $2,500 grant that will not have to be repaid.

The grant could be used toward rent or mortgage costs, utilities, payroll (excluding the owner’s), inventory or equipment and consultant fees. Items needed to apply include a copy of your lease or tax/mortgage bill, a copy of profit/loss (income) statement for each month your business was adversely impacted and a city business license number. Nonprofit businesses are not eligible. Additionally, all businesses within City limits will be eligible for a sanitation relief program. They will receive a sanitation credit that will cover $18/month for May and June. 

The City is also providing a $150,000 Low Income Rental Assistance program for individuals who reside in the City, offering to cover up to three months’ rent for those who earn less than 80% of the area median income for their household size.

OBKY COVID-19 Emergency Relief Program Guidelines are posted at owensboro.org. Funds will be distributed until depleted on a first-come, first-served basis.