Government & Housing Legalities


LEGISLATIVE UPDATE By Charles Tassell, Director of Governmental Affairs


“When you rise in life, your friends


know who you are. When you fail in life, you know who your friends are.”


~Anonymous RENTAL ASSISTANCE: If you Charles Tassell


have residents affected by COVID and in need of assistance, please check the Greater Cincinnati Northern Kentucky Apartment Association (GCNKAA) web- site at www.gcnkaa.org for ongoing up-


dates, resources and links like www.513relief.org and others!


CINCINNATI With the courts acting on the recent ruling by the 3-judge


panel in the 6th federal district court, which includes Michigan, Ohio, Kentucky, and Tennessee, many local elected officials began calling for a renewed or local eviction moratorium. The mayoral race may have something to do with the pandering, but I digress. Cincinnati City Council Member Greg Landsman reached out to the Apartment Association with two bills purported to be local: an Eviction Moratorium and a Pay-to-Stay bill. After careful consid- eration, it was determined that the Pay-to-Stay bill was actually to be a temporary bill only to run concurrently with the Governor’s State of Emergency. I’m sure you remember the beginning of this: “two weeks to flatten the curve.” Pay-to-Stay legislation: a law typically focused on requir-


ing a property owner or manager to accept good funds during an eviction process to stave off, delay or nullify the eviction. These laws vary across the country with demands, timing and amount or percentage of funds required to be provided. In Cincinnati, all funds including the court costs and attorney’s fees, as well as late fees, would be required to be provided to the property owner or manager. While this was a good thing, a few loopholes were left in: 1. The funds could be provided after a court hearing, to a bailiff at set-out. This was finally scaled back to: all funds must be provided before the eviction hearing.


2. However, Legal Aid insisted that it not say “provided be-


OHIO We like to provide a periodic update of bills being moni-


tored and addressed by the Ohio Apartment Association (OAA). GCNKAA has four member trustees that participate in monthly (or more frequent) calls and meetings. The following is a summary of bills – with recent action – provided by the OAA lobbyists through Calfee Halter and Griswold, LLP. House HB 20 PROHIBIT FORECLOSURES, EVICTION


DURING COVID-19 (Leland, Crossman) - To prohibit foreclo- sure activity and the eviction of residential and commercial tenants during the state of emergency declared regarding COVID-19, to refer such proceedings caused by the state of emergency to me- diation, and to declare an emergency. Current Status: 3/23/2021 - House Civil Justice, (Second Hearing) HB 31 REVISE LAWS GOVERNING ACCESSIBLE


PARKING (Wiggam, S) - To make changes to the laws gov- erning accessible parking. Current Status: 3/16/2021 - House Transportation and Public Safety, (Fourth Hearing) HB 93 REVISE ADDRESS CONFIDENTIALITY


PROGRAM AND RECORDER FEES (Abrams, LaRe) - To make changes to the Address Confidentiality Program adminis- tered by the Secretary of State and to make changes to county re- corder fees. Current Status: 3/31/2021 - Senate Local Government and Elections, (Second Hearing) HB 110 FY 2022-2023 STATE OPERATING BUDGET


fore the initial eviction hearing date” as they want a loop- hole for continuances and jury demands for 6 months or more!


This law passed as a temporary emergency and may yet be


challenged. It passed 8-1. Council Member Betsy Sundermann spoke up for a balanced provision for property owners. Affirmative Defense Legislation: This bill was introduced to


“codify” existing legal precedent regarding accepting funds after an eviction notice. It failed in Council 4-5. It was purported to fol- low Ohio Revised Code, but when it was determined it was actu- ally based on court precedent, support failed.


This heading deals with housing & legal issues within the Governmental structure.


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