Updates Regarding COVID-19 and the Apartment Industry

LAA understands that affiliates, members and residents may have concerns about how apartment communities should address the virus and, in an effort to offer preliminary guidance and information to assist with preparations, we have compiled the following material from official sources.
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It is important to recognize that LAA, its affiliates and individual members are not health care professionals. The CDC and other qualified health officials should continue to be the primary source of current information and guidance. LAA is offering general, precautionary guidance from officials, and also adding some common-sense guidelines for our industry in the interest of promoting a proper amount of caution at this time.

If you need assistance paying rent or with an eviction, please visit StopMyEviction.org.

To see a list of assistance available in Louisville please visit LouisvilleKY.Gov

Reopening of Kentucky

Current Requirements from the Governor:

Kentucky Evictions

3/29/2021 Update: CDC extended its federal eviction moratorium order through June 30, 2021.

CDC's Eviction Moratorium FAQs (Updated April 14, 2021)

Status: Evictions Can Resume with 30-Day Notice to Vacate
Executive Order 2020-700

  • Action: Effective August 25, 2020 Governor Beshear replaced the state’s eviction moratorium with a 30-day notice to vacate requirement. Housing providers will be allowed to initiate the eviction process but must serve a tenant with a 30-day notice to vacate. The notice must request the resident meet with the housing provider to attempt to come to a payment plan agreement. Also announces that $15 million in Federal Coronavirus Relief Funds will be dedicated to an eviction relief fund. These requirements will be in effect through December 31, 2020 and is subject to renewal.
  • COVID-19 Related Impact Requirement: No.
  • Late Fees and Other Charges: Prohibited.
​Supreme Court Order (Expired)
  • Action: Under the State Supreme Court's order, except for emergency and statutorily required proceedings, evictions are continued, and new evictions cannot be filed until 30 days after the expiration of the order.
  • Duration: Through May 31, 2020. 

LAA Recommendations Document for Reopening During COVID-19 

Download Document - Updated 10.13.2020
This document will be updated frequently as new information is released. This document is not a legal guide and is not intended to replace professional counsel from legal or health care professionals.  If you have any concerns related to your company’s COVID-19 policy development, then we strongly encourage you to reach out to your legal counsel, professional human resources advisor, health experts or other government officials.
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Employee Health Check Log
Download and print this document to use on site. 

Resource Book for Local Louisville Resources

Download the Resource Book here
Previous restrictions and actions by the Governor:

​New Restrictions in effect from Friday, Nov. 20 at 5pm through Sunday, Dec. 13 at 11:59pm
Gyms, Fitness Centers & Pools
  • Must maintain 6 feet apart
  • Group classes prohibited
  • 33% occupancy
  • Masks Required
Indoor Social Gatherings
  • Limited to your current household plus one other household
  • Eight people or less
Indoor venues, Event Spaces or Theaters
  • No more than 25 people per room
  • Includes funerals and weddings
Restaurants & Bars
  • Closed to indoor dining
  • Delivery, to-go
  • Outdoor service
Information about School Restrictions can be found at KY Healthy at Schools.

The Governor has outlined Phase 1 & 2 of reopening Kentucky. The dates for when specific industries/businesses can reopen are below. Click the links of each industry/business type to see the requirements specific to that industry. 

July 10, 2020:July 1, 2020:June 29, 2020:​ June 15, 2020: June 11, 2020:
  • Campgrounds
June 10, 2020:​June 1, 2020:
May 25, 2020:May 22, 2020:May 20, 2020:May 18, 2020:May 11, 2020:
OrderMay 9, 2020:
Order-----------------------------------

June 8, 2020:
  • Educational and Cultural Activities
    • Museums
    • Limited Outdoor Attractions
    • Aquariums
    • Distilleries
    • Libraries
June 11, 2020:
  • Kentucky Horse Park
  • Kentucky State Park Campgrounds

June 15, 2020:
  • Some Childcare
  • Youth Sports (low touch and outdoors)

July 1, 2020:
  • Bars
  • Groups of 50 People or fewer

​Pools and outdoor amenities such as basketball courts and playgrounds also cannot open in phase 1 or 2 but possibly in Phase 3 in July.

This will be a gradual process, and Governor Beshear has made it clear that everything will be contingent on being able to maintain social distancing, cleaning, sanitation and other accommodations.

https://governor.ky.gov/images/Healthy-at-Work_10-Rules.pngEducational and Cultural Activities
  •  Museums
  • Limited Outdoor Attractions
  • Aquariums
  • Distilleries
  • Libraries
Movie Theaters

Operational Best Practices

NAAEI and Grace Hill are offering FREE trainings for COVID-19. You can access those trainings here.

Some helpful podcasts from Sprout Marketing:  
NAA has put out the following resources regarding best practices:
​​Operations Rent Collection Resident Exposure Free Form for Rent Relief Requests
NAA is offering a sneak peek of its newest compliance solution, NAA Click & Comply, by releasing a Rent Relief Request Form for property management companies to utilize across their portfolio. This form will easily document and track requests from residents who are suffering financially during COVID-19, including special arrangements and/or payment plans that have been agreed upon by the property and its residents.

The form, powered by Leonardo247, is free of charge and will allow property management companies to pull reports with detail on each property or an overview across the entire portfolio.

If you are interested in this form, please contact Nicholas Tovar.

Resident Engagement Off-Campus Student Housing Resources for Teleworking
Statement from the National Apartment Association Concerning COVID-19 and Rent
The following is a statement from National Apartment Association (NAA) President and CEO Robert Pinnegar, CAE released on March 23:
The National Apartment Association and its more than 150 state and local affiliates, encompassing over 82,000 members and representing more than 10 million apartment homes, encourage all residents who are in financial distress to proactively reach out to work with their community managers prior to April 1. Many of our rental housing professionals already have individual plans in place to work with their residents in this unprecedented crisis. There is no “one approach fits all.” The best strategy, and NAA’s recommendation, is for owners, managers and residents to partner together to find the optimal solution. Providing a secure home for all of our residents is our primary goal.

​More NAA Resources: click here

If an employee has tested positive with COVID-19

CDC Criteria for Ending Isolation and returning to work:
​The time-since-illness-onset and time-since-recovery strategy for releasing persons with COVID-19 with symptoms from isolation (non-test-based strategy) requires:
  • At least three days (72 hours) have passed since recovery, which is defined as resolution of fever without the use of fever reducing medications.
    AND
  • Improvement in respiratory symptoms (e.g., cough, shortness of breath)
    AND
  • At least seven days have passed since symptoms first appeared.
The testing-based strategy for those who have COVID-19 with symptoms requires:
  • Resolution of fever without the use of fever-reducing medications
    AND
  • Improvement in respiratory symptoms (e.g., cough, shortness of breath)
    AND
  • Two consecutive negative results from FDA-authorized nasal swab tests – at least 24 hours apart.

COVID-19 Webinars

See all COVID-19 Webinars from NAA here.

CARES ACT

  • NAA analysis of third COVID-19 federal relief package is available. Read a deep-dive of what the CARES Act means for rental housing.
  • The U.S. House Committee on Financial Services answers frequently asked questions about the CARES Act, including clarification on the intent of eviction moratoriums and rent:
    • The moratorium only applies to evictions for nonpayment of rent, not for other causes;
    • The bill does not treat nonpayment of rent during the moratorium period as forgiven and the unpaid amounts will accrue even if fees are not assessed.
  • The Paycheck Protection Program prioritizes millions of Americans employed by small businesses by authorizing up to $349 billion toward job retention and certain other expenses. The U.S. Treasury has a program overview available here, and the SBA is also providing guidance here. Learn more.
  • The Treasury Department and the Internal Revenue Service today launched the Employee Retention Credit, designed to encourage businesses to keep employees on their payroll. Learn more.

Economic Impact Reports

Essential Personnel

Governor Beshear announced the closing of all non-life-sustaining businesses to in-person traffic by Thursday at 8 p.m. I have had many emails and phone calls asking if multi-family housing was an essential business. I want to clarify that multi-family housing is an essential business and apartment buildings is listed in the federal critical infrastructure sector. Gov. Beshear also listed “Housing” in his list of businesses that can remain open. See Gov. Beshear’d order which was just released:

3/24/2020: Announced Gov. Beshear will sign an executive order closing all non-life-sustaining businesses to in-person traffic by Thursday at 8 p.m. Businesses that can stay open still need to practice safe social distancing. The businesses that can stay open include: grocery stores, drug stores and pharmacies, banks, hardware stores, agricultural operations, gas stations, media, businesses needed for transportation, logistics, shipping, delivery and pick-up, housing, building and construction, laundry, financial services, home-based care and services, professional services, manufacturing and other businesses key to national interests or life-sustaining goods or services, and those covered under the federal critical infrastructure sector.

"Housing, Buildings and Construction. To ensure Kentuckians can remain Healthy at Home, businesses providing construction or maintenance of residential, commercial, or governmental structures, including but not limited to plumbers, electricians, exterminators, cleaning and janitorial staff, security staff, operating engineers, HVAC, painting, landscaping, moving and relocation services, necessary for sustaining the safety, sanitation and operation of structures."

To read the entire Executive Order, click here.

Thus, Apartment community staff are exempt from the executive order. You must practice safe social distancing:
  • Where possible, limit in-person transactions between staff and residents. Consider implementing digital payment and maintenance requests or offer secure drop boxes. Note: Please review applicable state laws, which may prohibit landlords from mandating that residents pay rent online.
  • Suspend all non-essential maintenance and repairs. Service requests should be categorized between essential (HVAC, hot water, plumbing, etc.) and non-urgent (upgrades, cosmetic repairs, etc.).
  • Share staffing updates with residents and ensure emergency contact information is available. When possible, use multiple communication platforms such as email, community bulletin boards and notices to individual units.
  • Contact vendors to determine availability for emergency maintenance needs. Ensure alternative arrangements are available.
  • Continue move-out walk-through inspections when requested by residents, per legal requirements. However, follow appropriate social distancing protocols. Ensure the residents desire inspections in the current environment and, if the request is withdrawn, get it in writing.
  • Consider providing virtual and low-contact showings to prospective residents. These could include virtual tours or allowing a prospect to enter and tour a unit on their own. Be sure to disinfect high-touch surfaces between showings (including door knobs, light switches, etc.).

FFHFA Offers Mortgage Relief for Multifamily Property Owners

The Federal Housing Finance Agency (FHFA) yesterday announced that Fannie Mae and Freddie Mac, the Enterprises will offer mortgage forbearance for multifamily property owners, under the condition that they suspend all evictions for renters who are unable to pay rent because of COVID-19, also known as “coronavirus.”

To be eligible, property owners must suspend evictions for as long as the owner remains in forbearance. Forbearance is available only for multifamily housing properties with an “Enterprise-backed performing multifamily mortgage” that is financially impacted by coronavirus.

Read more here.

Emergency Funding for Residents

Residents who may not be able to pay rent due to Coronavirus, can apply for emergency funding from the One Louisville: COVID-19 Response Fund. 

Please be sure to direct your residents to the following website for more information and to apply: ​https://louisvilleky.gov/government/neighborhood-place

Do Not Flush

With stores running low on toilet paper, residents may start to use other materials such as paper towels and wet wipes. Some properties have faced issues resulting in residents flushing these items down toilets. Be sure to remind residents not to flush these items and to protect your sewage system.

Click the image below to download it and send it to your residents. 

Basic Guidance

Clean your hands often
  • Wash your hands often with soap and water for at least 20 seconds especially after you have been in a public place, or after blowing your nose, coughing, or sneezing.
  • If soap and water are not readily available, use a hand sanitizer that contains at least 60% alcohol. Cover all surfaces of your hands and rub them together until they feel dry.
  • Avoid touching your eyes, nose, and mouth with unwashed hands.
Avoid close contactStay home if you’re sickCover coughs and sneezes
  • Cover your mouth and nose with a tissue when you cough or sneeze or use the inside of your elbow.
  • Throw used tissues in the trash.
  • Immediately wash your hands with soap and water for at least 20 seconds. If soap and water are not readily available, clean your hands with a hand sanitizer that contains at least 60% alcohol.
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7410 New LaGrange Road, Suite 200  |  Louisville, KY 40222
Phone: (502) 426-6140 | info@laaky.com