Gov. Beshear announces $15 million for renters as evictions resume in Lexington

As evictions resumed in Fayette County and other parts of the state, Gov. Andy Beshear announced $15 million in federal coronavirus relief funding Monday for renters at risk of being kicked out due to nonpayment.

Beshear signed an executive order Monday outlining the new program that lifts a previous executive order halting eviction notices. Details of how the new program will work were not clear Monday.

“Kentuckians cannot be healthy at home without a home,” Beshear said. “Landlords must give tenants 30 days notice before they can evict. During these 30 days, the landlord and tenant must meet and confer. The notice must request that meeting.”

As part of that program, no penalties and late fees can be assessed from March 6 to Dec. 30, Beshear said.

The $15 million fund will start accepting applications Sept. 8, he said. More information about eligibility and how to apply will be announced soon, he said. Kentuckians seeking legal assistance with evictions can contact the Kentucky COVID-19 Legal Helpline or call toll-free: 833-540-0342.

Beshear said the money will be used in 119 counties. Jefferson County already has a separate $22 million rental assistance program.

“It will reimburse eligible landlords for missed rent payments,” Beshear said.

There is also money available through other federal coronavirus relief and private fundraising, Beshear said.

Beshear said the program will hopefully keep people in their homes, make struggling landlords whole and keep renters from amassing large debts.

It’s not clear how the program will help some people already facing eviction this week.

In late March, Beshear issued a moratorium prohibiting law enforcement from serving eviction notices for rent nonpayment due to the coronavirus. The court halted eviction filings in May. In late July, the courts announced eviction filings would be processed beginning Aug. 1. It typically takes 30 days before an eviction proceeding makes its way through the courts.

Evictions for lease violations were allowed to continue throughout the pandemic.

A federal court case filed by several Northern Kentucky landlords over the legality of Beshear’s moratorium is pending. Beshear said his new order lifting the moratorium should make that case moot.

Will Kentucky tenants facing evictions this week get help?

Prior to Beshear’s announcement Monday, many sheriff’s deputies and constables, who serve eviction notices, said they believed they had to follow a judge’s order and had already started the work.

On Monday, more than 50 eviction cases were heard in Fayette District Court. By the end of the week, the court was scheduled to hear more than 150. Next week, there are more than 140 eviction cases on the court’s docket.

Regina Hughes’ eviction went forward on Monday but she never received notification from the courts, she said. She only knew about the hearing after she received a letter from covid19renterhelp.org, a consortium of Fayette County nonprofits trying to connect renters with legal and financial assistance.

Hughes said she was told by a court employee in a phone call later Monday that she has seven days to vacate because the eviction progressed in her absence.

Hughes said she got behind on rent because of multiple cancer surgeries and a stroke. She receives Social Security. Because Medicare, which is for people over 65, and Medicaid, which is for low-income patients, doesn’t cover all of her medical costs, some of the out-of-pocket expenses were deducted from her Social Security. That meant she couldn’t pay her full rent for several months, Hughes said.

Hughes spent much of Monday on the phone, scrambling to find money to help pay back rent. She said she has been told she will get her full Social Security check starting in September.

“I’m trying to get the money. I can’t afford to move. I’m sick,” Hughes said through tears on Monday. She’s going through chemotherapy and radiation. She’s at high risk for coronavirus, Hughes said. “I need my own place. The chemotherapy makes me real tired.”

Other tenants said they never received notification from the courts about their eviction proceedings.

Nena Martin’s eviction case is scheduled for Tuesday. Martin said she learned of the Tuesday hearing through a letter from covid19renterhelp.org. Martin lost work due to the coronavirus pandemic and got behind on rent. Martin said she paid July and August rent. But she was told by an employee of the rental company that she still owed late fees for July. A money order she sent for the August rent plus late fees was recently returned and she was told she was going to be evicted.

Martin said she doesn’t think she owes late fees for July. She hopes to fight the eviction Tuesday.

Martin had to stop working a healthcare-related job because her son is at high risk for COVID-19 and is currently on an organ transplant list. She has worked a part-time job and temporary jobs to make up for the lost income, Martin said. Martin said she didn’t apply for unemployment for her full-time job because she voluntarily quit to protect her son when coronavirus cases began to spike.

“I’ve been trying so hard,” Martin said. “I’ve cut back on everything, including groceries.”

Changing rules make evictions more confusing

Art Crosby, executive director of Lexington Fair Housing, said the confusion between the courts and the governor’s orders has made it particularly difficult for tenants to figure out what’s happening. Lexington Fair Housing is one of the nonprofits that is part of covid19renterhelp.org. Crosby said the groups have heard from several people who said they did not receive a letter from the courts with new court dates for eviction hearings over the next two weeks.

“Given all of that, I just don’t think it’s sufficient for Fayette District Court to now simply send out a letter to tenants telling them about their new eviction court date, especially if that letter doesn’t actually get to the tenant in time,” Crosby said. “At the very least, they should be sending it by certified mail and informing them about resources in the community.“

A message left at the Fayette District Court was not immediately returned.

Groups representing landlords say some tenants took advantage of the earlier moratorium and refused to pay rent because they believe they cannot be evicted. Some landlords are at risk of losing their properties or going bankrupt because they have not received rent payments and must pay mortgages, utilities and other costs, landlords groups told the state House and Senate Interim Joint Committee on Judiciary on Thursday.

A group of about a dozen protesters gathered Monday morning before eviction cases were heard in Fayette District Court. The group wants Beshear to stop rent and mortgage payments.

“There will be about 50 evictions each day,” said Justin Walker, one of the organizers of the Lexington Housing Justice Collective, a housing advocacy group. “This is a crisis that’s coming to the city.”

The city of Lexington announced last week it has $500,000 for rent relief for those who lost work during coronavirus-related shutdowns. The city also has an additional $1.9 million for a second program that could help pay rent and other household costs, including utility payments and groceries. The details of how that program will operate will be released Tuesday. To find out more about qualifying for the city’s rental assistance programs, call 859-300-5300.

This story was originally published August 24, 2020 at 5:36 PM with the headline "Gov. Beshear announces $15 million for renters as evictions resume in Lexington."