The decision to pursue an eviction has always been a difficult one. The process can be messy, protracted, and in some cases, expensive. Unfortunately, evictions are often unavoidable. When it comes to residential evictions, landlords must also grapple with the potential consequences of an eviction on an individual or family. It can be a traumatic process for everyone involved. In 2020, the novel coronavirus, also known as COVID-19, makes the situation even more fraught. Many families are struggling to make ends meet and their home or apartment may be the only place that they feel safe from COVID-19. Additionally, COVID-19 is more easily spread among those who are homeless due to a variety of factors, including a lack of access to hygiene facilities, shared sleeping areas, and homelessness making home quarantine impossible. As a result, Governor Andy Beshear and officials around the country have passed Executive Orders to combat the looming pandemic eviction crisis.

With the passage of Andy Beshear’s Executive Order 2020-700, dated August 24^th, 2020, the process for evictions in Kentucky was set to change yet again. Previously, the Governor signed Executive Order 2020-257 to place a moratorium on residential evictions for nonpayment of rent. That Executive Order stressed that it did not relieve any individual of the obligation to pay rent, to make mortgage payments, or to comply with any related obligations. On August 24^th, Executive Order 2020-700 rescinded the aforementioned suspension of evictions and required that landlords provide any tenant with at least thirty (30) days’ notice of the intent to evict from any residential premises for failure to pay rent. It also stated that landlords and tenants were to attempt to meet and confer and that no penalties, late fees, or interest were to be charged related to nonpayment of rent from March 6, 2020 through December 31, 2020.  However, to make matters even more confusing, CDC director Robert Redfield signed CDC Order 2020-19654 (85 FR 55292) on September 4^th, 2020. That order temporarily halts evictions nationwide to prevent the further spread of COVID-19. It does not relieve any individual of any obligation to pay rent, make a housing payment, or comply with any other obligation that the individual may have under a tenancy, lease, or similar contract. Furthermore, the CDC Order does not halt the charging of fees, penalties, or interest as a result of the failure to pay rent.

In response to the CDC’s Order, Governor Andy Beshear signed Executive Order 2020-751 on September 4^th, 2020. Order 2020-751 rescinded the portions of Order 2020-700 that applied to allowing evictions, the thirty (30) days’ notice requirement, the meeting requirement, and the temporary ban on penalties, late fees, or interest. The most important part of Order 2020-751 is that it applies the CDC’s Order to Kentucky and places a moratorium on evictions through December 31, 2020. To comply with the Order, tenants must fill out the CDC required Tenant Declaration form (or a similar declaration, under penalty of perjury) and present it to their landlord, property owner, or other person who has a right to have them evicted from their residence. The Declaration states among other things that the tenant has used their best efforts to obtain government assistance for rent or housing and that they are unable to make their full rental payments. Executed declarations are not to be returned to the Federal Government. Each adult listed on the lease, rental agreement, or housing contract should fill out a Declaration. To make things easier for tenants, the Kentucky Equal Justice Center has even created a free application to print or email the Declaration to their landlord. The Governor’s order reiterated that the Healthy at Home Eviction Relief Fund created with the $15 million supplied by the federal Coronavirus Relief Fund in Executive Order 2020-700 is still in effect. Order 2020-751 is effective from September 4, 2020 through December 31, 2020 unless it is rescinded or extended before that expiration. The Kentucky Supreme Court has yet to issue any guidance on how lower courts should handle evictions in the Commonwealth and it will be interesting to see what further developments arise.

Disclaimer: The information provided by this article does not, and is not intended to, constitute legal advice. Please contact Hebel & Hornung, P.S.C if you have any questions as to the current status of evictions.