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AN ACT relating to termination of residential leases. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Medically fragile tenant": 6
1. Means a person who is seeking residential relocation due to a recent 7
mental or physical health emergency, s upported by documentation of 8
the emergency provided by: 9
a. A health care provider as defined in KRS 216.2920; or 10
b. A qualified mental health professional as defined in KRS 11
202A.011; and 12
2. May include: 13
a. A person who is: 14
i. Diagnosed with substance use disorder and is seeking 15
inpatient treatment as those terms are defined in KRS 16
222.005; 17
ii. Diagnosed with mental illness, as defined in KRS 210.005, 18
and a qualified mental health professional finds that the 19
person is experienci ng a mental health crisis and 20
recommends inpatient treatment; or 21
iii. Age sixty (60) or older and seeking relocation to an assisted 22
living facility or the home of a family caregiver; or 23
b. A person with: 24
i. A disability, as defined in 42 U.S.C. sec. 12102, who 25
requests reasonable accommodations; or 26
ii. A serious health condition that requires ongoing medical 27
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inpatient treatments or specialized care prescribed by a 1
qualified medical professional that is not accessible in the 2
person's current location; and 3
(b) "Reasonable accommodation" means a change, exception, or adjustment to 4
a rule, policy, practice, or service that may be necessary for a person with a 5
disability to have an equal opportunity to use and enjoy a dwelling. 6
(2) A medically fragile tenant may terminate a residential lease or rental agreement 7
by providing the landlord with: 8
(a) Written notice of termination effective on a date stated in the notice that is 9
at least thirty (30) days after the landlord's receipt of the notice; and 10
(b) A copy of the medical documentation from a qualified medical professional 11
establishing the need for the termination due to a health emergency. 12
(3) Upon termination of the lease or rental agreement under this section, the 13
medically fragile tenant shall be liable only fo r the rent due under the lease or 14
rental agreement prorated to the effective date of termination. The prorated rent 15
shall be payable at the time that would have been required under the terms of the 16
lease or rental agreement. 17
(4) The medically fragile tenant whose lease or rental agreement is terminated under 18
this section shall not: 19
(a) Receive a negative credit entry or character reference from the landlord; 20
(b) Be liable for any other rent or fees resulting from the termination; or 21
(c) Be liable for any da mages or subject to penalties if a lease or rental 22
agreement is terminated under this section fourteen (14) or more days prior 23
to occupancy by the medically fragile tenant. 24
(5) Notwithstanding the termination of a lease or rental agreement by a medically 25
fragile tenant under this section, the lease or rental agreement shall continue to 26
be in effect for any remaining parties residing in the dwelling unit under the 27
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terms of the lease or rental agreement. 1
(6) A landlord shall be immune from civil liability if he or she acts in good faith in 2
accordance with this section. 3
SECTION 2. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 4
READ AS FOLLOWS: 5
(1) As used in this section, "covered tenant" means a residential rental or leased 6
housing tenant who is: 7
(a) Sixty (60) years of age or older; or 8
(b) A person with a disability as defined in 42 U.S.C. sec. 12102. 9
(2) (a) Notwithstanding any provision in a lease or rental agreement to the 10
contrary, a covered tenant may terminate the lease or rental agreement 11
upon the death of his or her spouse or cotenant by providing the landlord 12
with: 13
1. Written notice of termination to b e effective on a date stated in the 14
notice that is at least sixty (60) days after the landlord's receipt of the 15
notice; and 16
2. A copy of the certificate of death or written notice of the death from a 17
qualified medical professional. 18
(b) The written notice of termination shall be sent within three (3) months after 19
the death of the spouse or cotenant. 20
SECTION 3. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 21
READ AS FOLLOWS: 22
(1) As used in this section: 23
(a) "Lead-hazard," "l ead-hazard risk assessment," and "lead -hazard risk 24
assessor" have the same meaning as in 902 KAR 48:010; and 25
(b) "Lead-hazard abatement" has the same meaning as in KRS 211.9061. 26
(2) A residential tenant may terminate a lease or rental agreement if a lead -hazard 27
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risk assessor has identified a lead -hazard during a lead -hazard risk assessment 1
and the landlord has failed to provide lead -hazard abatement services within a 2
reasonable time. 3
(3) Upon termination of a lease or rental agreement under this section, th e released 4
tenant shall not be liable for any other rent or fees due solely to the early 5
termination of the tenancy. 6
Section 4. Sections 1 to 3 of this Act shall apply only to leases or rental 7
agreements entered into or renewed on or after the effective date of this Act. 8