www.loubar.org 8 Louisville Bar Briefs Amidst headlines celebrating the University of Kentucky winning its first NCAA Tourna- ment Championship in men’s basketball and stories on the 1948 Presidential election in which Harry Truman eked out a narrow vic- tory, Kentuckians may have understandably missed news about the work of the United States at the United Nations to adopt the Universal Declaration of Human Rights (UDHR). Ultimately adopted on December 10, 1948, the UDHR outlines a broad range of fundamental human rights to be universally protected. Existing as an aspirational docu- ment for all signatory nations, the UDHR seeks the “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the founda- tion of freedom, justice and peace in the world,” and covers a broad range of rights, including guarantees of economic, social and cultural rights. The UDHR and Housing as a Human Right Discussion of global human rights can often feel far removed from the context of Kentucky. In contrast to human rights issues that may come to mind primarily in an overseas con- text, housing is a human rights issue that is at the forefront of our own communities across the Commonwealth. As articulated in Article 25 of the UDHR, “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, includ- ing food, clothing, housing and medical care and necessary social services…” The UDHR rightly notes that housing, among other basic needs, is essential to an adequate standard of living for an individual and is commensurate with medical care, food and clothing as a necessity for health and well-being. As a signatory nation, the United States has pledged itself to promote respect for human rights and freedoms in accordance with the articles laid out in the UDHR 75 years ago. More equitable access to housing has been among the advancement of those rights within our own community. Since adopting the UDHR, the United States and Kentucky have sought to advance us toward the aspirational goals in this Declaration. The same year the UDHR was adopted, the Supreme Court held in Shelley v. Kraemer that restrictive covenants in real property deeds that prohibited property sale to non- white individuals were violations of the Equal Protection Clause of the 14th Amendment. In 1972, the Kentucky General Assembly created the Kentucky Housing Corporation via the Mae Street Kidd Act to provide affordable housing opportunities for all Kentuckians. In 1974, Kentucky adopted its first iteration of the Uniform Residential Landlord Tenant Act (URLTA), creating rights and obliga- tions under Kentucky rental laws, including landlord responsibilities for property upkeep and tenant protections such as the right to a habitable living environment. Notably, this initial iteration of the law only applied to Jefferson and Fayette Counties, and a subse- quent iteration of the law has been adopted in four counties and 19 municipalities. In 2020, Louisville Metro Council passed the state’s first ban on discrimination against renters based on their source of income, which the Kentucky General Assembly preempted in the 2024 legislative session. Despite the ongoing work to fulfill the aspirational goals laid out in the UDHR over the past 75 years, there are valid concerns about existing legal and social barriers to achieving safe and afford- able housing for all Kentuckians. Issues of Availability, Habitability and Lack of Housing A recent study found that around 206,000 housing units were needed in Kentucky for all residents to have access to rent or own affordable homes — meaning they wouldn’t need to spend more than 30% of their income on housing costs. Kentuckians making at or below 30% of their area’s median income faced the heaviest shortage compared to other income levels, reflecting a disparity in access impacting the poorest in our communities. According to a housing needs assessment conducted by Louisville Metro Government in February 2024, Louisville residents at or below 30% of the federal poverty limit need an additional 36,000 units of affordable housing to meet the affordable housing demand. This housing scarcity has resulted in continued problems including eviction, foreclosures and an array of habitability concerns by tenants. According to the Administrative Office of the Courts, 40,719 forcible detainer actions were filed in Jefferson District Court over the last two years, with many of these cases attributed to unpaid rent. The collateral consequences of Advancing Housing as a Human Right in Kentucky Brian M. Fields PROFESSIONAL EXCELLENCE – LEGAL AID SOCIETY (continued on next page) Friday, December 13 | 5:30 PM - 7:30 PM | Location: The Café YLD + YLS + Law Student Members: FREE | LBA Members $15 | Non Members $25 sweater Second Annual
