LOUISVILLE, Ky. (WDRB) – Landlords could haul Kentuckians into court to face eviction for nonpayment of rent as soon as next week. But even so, renters wouldn’t be forced to leave their houses or apartments because local law enforcement agencies like Sheriff’s offices would refuse to carry out a judge’s eviction order.
That, according to Gov. Andy Beshear, is the confusing state of eviction policy in Kentucky beginning next week.
A day-long mediation in federal court in Covington on Thursday failed to yield an agreement between Beshear’s office, the Kentucky courts system and landlords who say Beshear’s indefinite prohibition on evictions during the pandemic is unfair and unconstitutional.
The Kentucky Supreme Court said this week that it would begin accepting eviction cases on Aug. 1, raising an apparent conflict with Beshear, who suspended evictions in March to protect renters during the coronavirus pandemic.
Indiana also enacted an eviction moratorium, but with specific end dates that have been extended three times. Gov. Eric Holcomb this week extended it to Aug. 14.
Kentucky Chief Justice John Minton didn’t respond to a request for comment earlier this week and hasn't responded to a request Friday.
Meanwhile, a handful of northern Kentucky landlords sued Beshear and the courts system to overturn the moratorium, and lawyers representing all sides hoped to reach an agreement when they met before a federal magistrate judge on Thursday.
Christopher Wiest, a Kenton County attorney representing the landlords, told WDRB that the parties “started to make progress late in the day” on Thursday and would continue talking ahead of a conference with the judge on Tuesday.
If an agreement is not reached by Tuesday, a federal judge will rule in the coming weeks on the landlords’ request for a preliminary injunction to keep Beshear from enforcing his executive order preventing evictions, Wiest said.
Wiest added that it’s not clear whether sheriff’s offices and constables would follow Beshear’s directive not to enforce evictions. Some may defer to the courts, leading to differences even among counties within the state.
“These are issues that county attorneys around the state are going to have to struggle with between now and the resolution of this case,” Wiest said Friday.
Beshear sounded downbeat on the potential for a quick resolution during his media briefing on Thursday.
“Remember that a mediation requires different parties to agree, which requires everybody to be reasonable. Some days, that’s harder than others,” Beshear said.
Landlords complain that the Beshear's blanket prohibition doesn’t require renters to document financial hardship to be protected from eviction. Beshear said he is open to changes to address that concern.
“Are there people out there gaming the system? I’m sure that they are,” Beshear said during his media briefing Thursday. “But are there people out there that are suffering because of this virus or its economic impact, that we can’t allow to be kicked out onto the street? Yes. And so our goal was to try to find the right balance to protect those that needed protections, but those that can pay should be paying their rent.”
Beshear’s order doesn’t absolve Kentuckians of the legal obligation to pay rent, nor protect them from being evicted for reasons other than nonpayment of rent. It simply delays the usual consequence of not paying rent – being forced out the unit.
Advocates for low-income Kentuckians have urged Beshear to hold firm, fearing a flood of eviction cases if the moratorium is lifted.
There could be 142,000 eviction filings in Kentucky during the next four months as 211,000 households -- or 42% of the renter households in the state -- are unable to pay rent and are "at risk," according to an analysis of U.S. Census survey data by business consulting firm Stout Risius Ross LLC.
The Kentucky Equal Justice Center, a nonprofit advocacy group for low-income Kentuckians, criticized the state Supreme Court’s abrupt change to start accepting eviction filings.
“Telling Kentuckians on Monday that their landlords can—surprise!—file an eviction against them on Saturday isn’t fair to renters struggling with poverty, waiting on unemployment benefits, desperate to stay #HealthyAtHome,” the group said.
Moreover, the Equal Justice Center said, the lack of coordination between the courts and Beshear will cause problems.
“Many renters will be confused and panicked if they get an eviction notice; they may move when it’s not safe to move simply to avoid losing control of the situation, not knowing that they won’t be set out right now under the Governor’s Executive Order,” the group said.
The Equal Justice Center called on Beshear to clarify his executive order to prevent Sheriff’s offices and other law enforcement agencies from serving renters with eviction paperwork, which would stop an eviction proceeding before a judge could issue an order to set a renter out.
How to get help
Jefferson County residents and landlords are able to get up to three months’ of rental payments through Louisville Metro’s Eviction Prevention Assistance program. Details about who is eligible are here, and applications can be started online here or by calling 502-977-6636.
Kentucky housing advocates also created a website, stopmyeviction.org, to help tenants find assistance and legal help.
