9 www.loubar.org November 2024 eviction are multipronged: loss of subsidized housing benefits, emotional and psycho- logical effects, difficulty finding new housing, increased risk of homelessness, impacts on families and children and broader economic impacts on neighborhoods. Even when people have housing, there may be no requirement for habitability in many jurisdictions in Kentucky. Louisville Metro is one of the jurisdictions in Kentucky that has adopted the Uniform Residential Landlord Tenant Act (URLTA), designed to govern the rental agreements between landlords and ten- ants. It provides a framework for both parties’ rights and responsibilities, aiming to create a fair and balanced relationship between landlord and tenant that provides for both parties’ clear rights. (see KRS § 383.500 to § 383.715). While KRS § 383.595(1)(b) states that a land- lord must “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition,” this statute does not apply in the 116 counties or 19 mu- nicipalities that have not adopted URLTA, which jurisdictions must opt into under KRS § 383.500. Beyond the URLTA jurisdictions, no implied warranty of habitability exists for non-URLTA tenants. According to the Ken- tucky Supreme Court, “absent an expression to the contrary, such provisions do not create an implied warranty of habitability or create a cause of action in the tenants. The remedies for violations are found within the codes, or- dinances or regulations themselves.” Miles v. Shauntee, 664 S.W.2d 512, 518 (Ky. 1983). If protections via the housing codes of a tenant’s jurisdiction don’t exist or are insufficient, non- URLTA tenants often have little recourse for habitability issues absent an express agree- ment within the terms of their lease. Lack of affordable housing and existing sub- standard housing conditions can further com- pound existing issues surrounding homeless- ness. The lack of affordable/sanitary housing intersects with a multitude of socioeconomic factors that can contribute to loss of housing, including (but not limited to) fleeing domestic violence, not being able to afford rent due to loss of job, disability, loss of subsidized hous- ing benefits and addiction. During the 2024 legislative session the passage of House Bill 5, also known as the “Safer Kentucky Act,” was touted as a mechanism to protect property owners and ensure public safety. While the broader merits of this bill are be- yond the scope of this article, it is of note that this legislation creates criminal penalties for camping, which is a violation that carries a fine on its first offense and becomes a class B misdemeanor that carries a $250 fine and/or 90 days in jail on subsequent offenses. There are not legal exceptions for when individu- als must camp because treatment or shelter beds are full, and it does not require police to offer those resources before arresting a person. In turn, unhoused and desperate individuals may end up finding a place to stay when trying to get some sleep for the night; unfortunately, this may turn out to be the local detention center. The likely effect of the Safer Kentucky Act is that individuals lacking housing, who may have no option but to publicly camp, face increased criminalization for existing without housing. Cascading criminal justice debt from each subsequent fine may place the ability to access housing further out of reach, render- ing less and less financial resources available to pay rent. While addressing homelessness in Kentucky likely requires expansive and multifaceted action on various levels of gov- ernment, the criminalization of individuals who already lack the resources to afford a safe and sanitary home will seemingly do little to address the core of the problem, instead entangling individuals in the criminal justice system and creating a cycle of debt that makes their right to access housing even further out of reach. Conclusion The issues involving access to housing in Kentucky are multipronged and lack a singular solution. While this article does not seek to advocate specific solutions or lobby for any specific changes, it must be highlighted that real, complex barriers to achieving human rights goals for housing exist across Kentucky. For the clients that I have represented as an attorney at Legal Aid Society, limitations on housing supply and habitability concerns jeopardize housing ac- cess for our clients, and the criminalization of the unhoused has made it less likely they will obtain housing again due to the collateral consequences of entering the justice system. While advocacy via direct client representa- tion under existing laws is vital, advocacy must be necessarily paired with advances in tenant rights and improved housing supply. By embracing a more compassionate and proac- tive approach to relieve underlying problems in housing access, Kentucky can help work towards the ideals laid out in the UDHR 75 years ago while also building thriving com- munities where everyone has an opportunity to live safely in a home. Through the advocacy of the legal community, our profession can work to foster meaningful action that reflects our shared commitment to human rights and justice for all for another 75 years. Legal Aid Society provides Kentuckians free civil legal assistance and representa- tion across 15 counties. If you or someone you know seeks free civil legal assistance, you can apply by calling (502) 584-1254 or https://yourlegalaid.org/application. Volun- teer attorneys are also crucial to Legal Aid’s ability to extend help to as many clients as possible. Our Volunteer Lawyer Programs, including our Volunteer Eviction Defense Program, offers attorneys several ways to donate their time and expertise, including direct client services, clinic staffing and mentorship opportunities in various areas of law. If you’d like to volunteer with Legal Aid Society, please visit https://yourlegalaid. org/volunteer. Brian Fields is a 2022 graduate of the University of Louisville Brandeis School of Law and a staff attorney at Legal Aid Society in the Economic Stability Unit, where his practice areas include SNAP Administrative advocacy, civil debt de- fense, consumer litiga- tion and expungement law. He welcomes cor- respondence and can be reached at bfields@ yourlegalaid.org. n (continued from previous page)
