As Kentucky navigates unemployment claims, local experts discuss when evictions could begin again

LOUISVILLE, Ky. (WDRB) -- Many Kentuckians faced with unemployment and back rent due to the effects of the COVID-19 pandemic are now wondering when evictions will resume in the state.

According to Ben Carter, an attorney at the Kentucky Equal Justice Center, eviction processes in Kentucky are already allowed to resume for tenants being evicted for reasons other than non-payment of rent.

"We don't need people to be making decisions about where they live under duress," Carter said.

He said the big concern right now is for those who are worried about evictions because of lack of payment, mainly due to unemployment caused by the pandemic. Carter said those people have two layers of protection from eviction: the federal CARES Act and an eviction moratorium through Gov. Andy Beshear.

The moratorium on the CARES Act lasts until July 25, but experts said it's a complex situation. Carter said it's unclear how long the protection will last under Beshear's moratorium.

"Right now, he could wake up tomorrow and rescind that eviction moratorium, and that creates a whole new reality," Carter said.

Carter and Stewart Pope, advocacy director of the Legal Aid Society, said there a possibility that Beshear's eviction moratorium could be extended past July 25.

"Evictions can be filed again on July 25 unless the governor modifies existing orders," Pope said. "I would like to think that it's likely he would extend it past the 25th or at least until the state is caught up on unemployment checks and things like that."

"If Gov. Beshear's moratorium is still in effect on (July 25), that would trump the expiration of the CARES Act," Carter added.

Carter also said there's a lot of confusion around the expiration of the CARES Act and which properties it applies to.

"For those renters living in CARES Act protected properties, the earliest they could face evictions would be Aug. 24 ,because landlords aren't allowed to give notice until July 25, and they can't file the eviction until 30 days after that," Carter said.

Whether Beshear extends his moratorium or not, Carter said if you are able to pay rent, go ahead and do so.

"One of these days, the landlord is going to write and say you owe six months of rent or four months of rent, and it's going to be hard to come up with that lump sum," he said.

Pope said there are funds available for Louisville residents struggling with payments because of the pandemic.

"Metro government has a pool of money from the CARES Act that will assist tenants with rental payments that will pay up to three months rent for individuals that qualify," he said.

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