SETTLEMENT AGREEMENT
and
RELEASE AND WAIVER of LATE FEES, PENALTIES and INTEREST
State of Kentucky COVID-19 Response
Healthy at Home Eviction Relief Fund
Funded via the U.S. Treasury Emergency Rental Assistance Program
This Settlement Agreement and Release and Waiver of Late Fees, Penalties, and Interest
(Agreement) is entered into on _________________, 2021, by and between:
Month & Day
LANDLORD: Landlord name as listed in Lease:
Landlord’s street address as listed in Lease:
Unit/Suite/Apartment Number:
City:
State:
Zip Code:
TENANT(S): Tenant 1 Name as listed in Lease:
Tenant 2 Name (if applicable):
Unit Street Address listed in Lease (“Premises”)
Unit/Apartment Number:
City:
State: Kentucky
Zip Code:
RECITALS
A. The Landlord and Tenant have agreed to accept assistance from the U.S. Treasury
Emergency Rental Assistance Program, as administered by the Commonwealth of Kentucky
and Kentucky Housing Corporation under the program name Healthy at Home Eviction
Relief Fund (“HH-ERF”).
B. The purpose of this Agreement is to set forth the terms of agreement between Landlord
and Tenant where Tenant has accrued unpaid rent during the COVID-19 pandemic.
C. Tenant and Landlord have entered into a residential lease that predates this Agreement.
TERMS
1. Tenant and Landlord acknowledge and agree that Tenant owes Landlord unpaid rent and/or
requires assistance with current/future rent.
2. Landlord agrees to forgive 100% of any late fees, interest, penalties, legal, and/or court fees
related to nonpayment of rent since April 1, 2020.
Healthy at Home Eviction Relief: Settlement Agreement Page 2 of 4
3. The Landlord shall be paid as follows:
a. Back Rent: The HH-ERF program, as administered by Kentucky Housing Corporation,
shall pay Landlord $__________________ to cover one hundred percent (100%) of
Payment for Back Rent
any rent arrearage from April 2020 through _____________ 2021.
Last month of back rent covered
b. Current and Future Rent: The HH-ERF program shall pay the Landlord for 3 months
of future rent, totaling $______, there by paying for rent through __________ 2021.
Future Rent Amount Last month of future rent paid by HHERF
c. The Tenant shall next pay rent for _____________ 2021, provided Tenant still
resides at the Premises. Next month Tenant pays
4. In exchange for payment from the HH-ERF program on behalf of Tenant to Landlord,
Landlord agrees that:
a. A current written lease, signed by both Landlord and Tenant, exists for the Premises.
b. As of the date of this Agreement, there is no other material violation of the Lease by
Tenant.
c. As of the date of this Agreement, settlement and compromise having been made,
Landlord has no remaining factual or legal basis to pursue an action for possession nor
eviction as of the date of this Agreement.
d. Landlord shall not file nor cause to be filed a complaint for possession nor eviction
based upon unpaid rent nor late fees accruing as of the date of this Agreement.
Landlord, on its own behalf and on behalf of all successors in interest, forever waives,
releases and discharges any claim for any rent-arrearage or late-fees other than the sum
set forth in Section 2, provided payment is made to Landlord according to the terms of
Section 3.
In the event that only partial payment is made to Landlord pursuant to Section 3, such
partial payment paid to Landlord shall be fully credited against Tenant’s rent arrearage.
e. Landlord will credit the Future Rent Amount toward Tenant’s rent due for the current
and future month(s), as applicable.
f. Landlord agrees to not initiate any action relating to the rent arrearage in Section 1 that
would affect the credit report of Tenant, nor to pursue collection against Tenant for the
period covered by this Agreement.
g. Landlord agrees to not pursue eviction of Tenant for any rent due prior to April 1, 2020.
h. Landlord will allow Tenant 45 days from last day of the final month for which HH-ERF
funding covers rent before filing for late payment eviction proceedings for nonpayment
of rent or non-renewal of the lease.
i. After waiting for the period outlined in Itemh” above, Landlord will provide Tenant 30
days’ notice of eviction for nonpayment of rent or non-renewal of the lease. This 30-
day notice requirement is applicable for 90 days after from last day of the final month
for which HH-ERF funding covers rent.
Healthy at Home Eviction Relief: Settlement Agreement Page 3 of 4
j. Should the Tenant vacate Premises before the last month for which future rent has
been paid by HH-ERF, Landlord shall refund the remaining balance to the Tenant for
Tenant’s use toward housing stability.
k. Should Landlord violate any provision of this Agreement, Landlord shall be required to
return the total amount of funds listed in Section 3 to the HH-ERF program, care of
Kentucky Housing Corporation (1231 Louisville Road, Frankfort, KY 40601).
l. In the event Landlord is required to return funds to the HH-ERF program, all other
provisions of this Agreement shall remain in effect.
5. Representations by Landlord:
a. Landlord acknowledges that by applying for and receiving federal assistance from the
U.S. Treasury’s COVID-19 Emergency Rental Assistance Program, administered as HH-
ERF by Kentucky Housing Corporation, that any fraudulent misrepresentation may be
punishable under State and/or Federal law.
b. The undersigned Landlord is the Landlord under the terms of the Lease (or agent of
Landlord acting with binding authority upon Landlord), and all information provided by
Landlord to the HH-ERF program is true and accurate to the best of Landlord’s
knowledge.
c. There is no other material violation of the Lease by Tenant other than nonpayment of
rent.
d. That the rent arrearage or future rent to be paid by HH-ERF is not a duplication of
assistance coming from another private or public funding source.
e. Landlord understanding this Agreement, knowingly and willingly enters into it, and has
had the opportunity to discuss it with legal counsel, if desired.
6. Representations by the Tenant:
a. Tenant acknowledges that by applying for and receiving federal assistance from the
U.S. Treasury’s COVID-19 Emergency Rental Assistance Program, administered as HH-
ERF by Kentucky Housing Corporation, that any fraudulent misrepresentation may be
punishable under State and/or Federal law.
b. That undersigned Tenant is the Tenant under the terms of the Lease, and all
information provided by Tenant to the Eviction Diversion program is true and accurate
to the best of Tenant’s knowledge.
c. There is no other material violation of the Lease by Tenant other than nonpayment of
rent.
d. That the rent arrearage or future rent to be paid by HH-ERF is not a duplication of
assistance coming from another private or public funding source.
e. Should the Tenant vacate the Premises before the last month for which future rent has
been paid by HHERF, and should the Landlord refund the remaining balance to the
Tenant, the Tenant will use that refund for the Tenant’s own housing stability.
f. Tenant understandings this Agreement, knowingly and willingly enters into it, and has
had the opportunity to discuss it with legal counsel, if desired.
Healthy at Home Eviction Relief: Settlement Agreement Page 4 of 4
g. Tenant understands that this Agreement resolves the issue of rent and fees accruing
through the date of execution only, and that all other obligations of the Lease remain
enforceable.
7. The parties reserve the right to judicially enforce this Settlement Agreement.
THEREFORE, the parties have entered into this Agreement effective as
of the first date written above.
____________________________________ _____________________________________
Landlord/Agent Signature Tenant 1 Signature
____________________________________ _____________________________________
Printed Name of Landlord/Agent Printed Name of Tenant 1
____________________________________ _____________________________________
Name of agency and title for Agent acting on Tenant 2 Signature (if applicable)
behalf of Landlord if applicable
_____________________________________
Printed Name of Tenant 2 (if applicable)
_____________________________________ _____________________________________
Printed Name of Attorney for Landlord (if applicable) Printed Name of Attorney for Tenant (if applicable)