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Change to Megan’s Law Has Implications for Landlords
The hot topic
among landlords and property managers is the emergence of the
Kentucky's
sex offender database website.
The Kentucky
Sex Offender Registration Program
Pursuant to Kentucky Code of
Criminal Procedure Art. 62.005, the Kentucky Department of Public
Safety (DPS) establishes this website as the official internet
public access to the DPS sex offender registration computerized
central database.
All information on individual
registrants is based on registration information submitted by
Kentucky Department of Criminal Justice, Kentucky Youth Commission, or
various local criminal justice agencies. DPS cannot guarantee
the records obtained through this site relate to the person
about whom information is sought. Searches based on names, dates
of birth, or other alphanumeric identifiers are not always
accurate. The only way to positively link an individual to a
specific sex offender record is though fingerprint verification.
However, if you feel there is an error on a sex offender
registration record, please report this to the local law
enforcement agency the sex offender has verified their
information with. The verification agency is listed in the sex
offender registration information.
Kentucky Sex Offender Database Search
To read a
discussion of the rules for the use of the database and the
liability landlords may be assuming, whether they elect to use
the database or not to use the database,
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Kentucky Landlord Solutions NOW!
Increased
Penalties for Bad Faith Retention of Security Deposit
The court may
award damages for bad faith whenever the facts warrant such an
award, regardless of whether the injured party has specifically
requested relief. In any action under this section, the landlord
has the burden of proof as to the reasonableness of the amounts
claimed. Members of Kentucky Landlord Solutions will find the forms
necessary to comply with this new legislation.
Forms
currently available to our Members are on our site for this
application include:
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Out More About Mold and What You Need to Know...........
In recent
years, there has been an increase in media coverage of
mold-related problems in rental property. While mold has always
been present in our environment, there has been an increase in
mold occurrences in buildings.
This increase
has been attributed to an aging building stock; new housing
construction where porous materials may not have been kept dry
during construction; and modern building techniques designed to
conserve energy that also seal in moisture.
In 2001, the
U.S. Environmental Protection Agency issued mold remediation
guidelines, and in Kentucky, legislation was passed that requires
the Department of Health Services to establish standards for
mold hazard identification, disclosure, and remediation.
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WHEN ORDERING
FORMS & ARTICLES
PLEASE
NOTE:
You
will receive an email with a link to the download area with
a
PASSWORD.
Your
USERNAME
will be your email address you submitted when filling out
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Federal Laws
that Apply to All Landlords
Fair
Housing Laws:
Title VIII of the Civil Rights
Act of 1968 (the Fair Housing Act) prohibits discrimination in
the rental, and in other housing-related transactions, based on
seven categories. In order to be sure you are in compliance with
fair housing laws, you should be familiar with those seven
categories and understand how they are applicable to the
provision of housing. For specific information on tenants’
rights under the Fair Housing Act, order
our complete article.
JOIN NOW AND READ THE FULL ARTICLE TODAY!
Our complete article contains
links to Title VI of the Civil Rights Act of 1964, Section 504
of the Rehabilitation Act of 1973, Section 109 of Title I of the
Housing and Community Development Act of 1974, Title II of the
Americans with Disabilities Act of 1990, Architectural Barriers
Act of 1968, Age Discrimination Act of 1975, and Title IX of the
Education Amendments Act of 1972
Advertising: Our complete
article contains a link to guidance for landlords to use in
advertising property to insure the landlords’ compliance with
federal fair housing laws.
After September 11, 2001,
landlords and property managers began developing security
policies as a result of their concern for the possibility of
future terrorist attacks. For information on how to insure that
your policies are effective but fair, order our complete
article.
Lead-based
Paint
At the direction of Congress,
who recognized that tenants have a right to know about potential
lead hazards in the homes they rent, disclosure requirements
were developed for landlords to make to their tenants when
leasing homes built prior to 1978. These requirements became
effective in 1996. To obtain a link to the rules and obtain the
forms for disclosure, order our complete article.
download form here. (FREE)
Fair Credit
Reporting Act
The FCRA requires landlords,
when they decline to rent to a rental applicant based in any way
on a "consumer report" from a "consumer reporting agency," to
provide an adverse action notice to that consumer. Our complete
article describes how landlords may insure that they are
complying with all aspects of the FCRA.
Immigration
Laws
The Federal Immigration and
Nationality Act governs the activities of "illegal aliens" and
imposes penalties on those persons who assist them. In contrast
to the federal law, some state laws prohibit inquiring about an
applicant’s citizenship status. Our complete article describes
this dilemma in detail.
Subsidized
Housing
Some Federal laws apply or
have additional provisions that are applicable to landlords who
receive certain funding, such as rental assistance, from the
federal government. Our complete article contains links to
detailed descriptions of specific programs with special
provisions.
Mold
Despite the lack of specific
legislation related to mold, mold has been the subject of
countless lawsuits, many involving landlords and tenants, in the
last ten or more years. Our complete article describes how
landlords and managers protect themselves from liability where
mold is concerned.
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NOW AND READ THE FULL ARTICLE TODAY!
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