HOUSING TASK FORCE

The legal services Housing Task Force will meet next:

Date: Tuesday, December 15 New date!
Time: 12:00 noon to 3:00 p.m. ET
Place: Legal Aid of the Bluegrass

Welcome new co-chairs: Many thanks to new co-chairs Acena Smith (LABG) and Art Crosby of the Lexington Fair Housing Coalition. They’ve put together a strong agenda: from the Kentucky Court of Appeals to tax liens to bed bugs. Details below. Plus, box lunches!

RSVP: To register for the meeting, email richseckel@kyequaljustice.org.

Housing Task Force Agenda

 Housing Task Force 12-15-09.pdf!

December 15, 2009

12:00 Welcome and Introductions . . . Lunch Roundtable

After we all get a couple of bites to eat, we’ll go around the room for introductions. A rep from each program will describe what their program is seeing—and doing—on the housing front.

12:20 Public Housing . . . Section 8 . . . Hearings . . . Bed Bugs . . . More

Good ruling! No, not the song by the Rascals: the case by Acena. The issue: whether a public housing tenant has the right to remedy a breach of the lease under URLTA or whether KRS 383.660(1) is preempted by federal law. The Kentucky Court of Appeals affirmed a favorable circuit court ruling:

Housing Authority of Covington v. Clarissa Turner

We’ll invite discussion on use of the URLTA provision.

Section 8 right to inspect: How do you get records in Section 8 termination proceedings? Federal regulations provide for it, county attorneys oppose. Acena describes a case in which the hearing officer decided not to terminate but did impose a fine.

Housing authority use of credit reports in admissions: Art reports on a high threshold set for approval by the Danville Housing Authority: anyone with a non-medical credit ding or without a rental history is denied. Discuss!

Fair housing accommodations: People with disabilities have a right to accommodation in public housing and Section 8, but clients with behavioral difficulties face a tougher time getting them. Art describes an uphill battle.

Bed Bugs: Mind, they do bite. Landlords faced with bed bugs often want to evict the tenant, too. What’s a lawyer to do?

Advising clients about their duties: The headline says "Georgetown couple indicted in alleged housing scam." The charge: unreported income. Says Art, “we run across some times and it might be good to go into a discussion about how we can advise clients about their duties and responsibilities.

Your turn: What other dilemmas do your clients face in Section 8 and Public Housing? We’ll invite comments from each program and discussion on how to approach the grievance hearing.

1:30 Break

1:45 Property Tax Delinquencies: You Could Lose Your Home

It’s usually attorneys who buy ‘em up from cities. Property taxes get in the hands of third parties—who then have the power to collect and even foreclose, often for only a small underlying tax bill. We’ll discuss:

Defense: What can legal services programs do to prevent foreclosure, or keep the third party fees down?

Notice: The General Assembly tightened up the rules a little last time and the sponsor has promised more compelling notice that “you could lose your home.” Rich Seckel tours key sections of the statute. See 2009 House Bill 262.

2:15 ‘Tis the season: LIHEAP. . . stopping cutoffs . . . stimulus . . . more

LIHEAP this winter: The subsidy component is up to letter “S” at this writing. What remains? Crisis assistance, from January 4 through March 31. Rich shares handouts on this year’s Low Income Home Energy Assistance Program, including the LIHEAP FY 2009 Fact Sheet .

Using bankruptcy to stop utility shutoffs: Acena describes her strategy, including its special use in Section 8: if you keep the lights and heat on, you can stop termination of the lease. Anyone else using bankruptcy this way?

Stimulus package: Among many housing provisions, the American Recovery and Reinvestment Act included $1.5 billion for homelessness prevention and rapid rehousing. Art describes key provisions that may be useful “on the ground.” For a quick tour, see the National Housing Law Project summary.

Mobile homes: we’ve tried to improve Kentucky laws protecting mobile homeowners who rent lots, but special interests kept the bill off the House floor. What are programs seeing?

2:30 Notes and Reports from Partners

Time permitting, we’ll get short reports from or about:

Metropolitan Housing Coalition: the Louisville-based group puts out a “State of Metropolitan Housing” report each year. This year’s findings show tough times for grandparent caretakers, minorities seeking mortgages and more.

Homeless and Housing Coalition of Kentucky: new leadership, new projects and plenty of AmeriCorps members on the ground.

Maxwell Street Legal Clinic: The Clinic is set up for immigration law, but clients bring word of other problems—including housing.

2:50 Case reports and discussions

Your case here . . .

3:00 Planning ahead . . . and now to our sponsor?

Topics: We’ll spend a few minutes brainstorming emerging issues and topics for future agendas, plus ideas for Task Force participants and speakers.

Sponsors: Are there businesses, allies or other groups that could help sponsor task force meetings and activities? Yup, we mean financially!