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VERIFICATION OF COMPLIANCE (Administrative Office of the Courts)

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VERIFICATION OF COMPLIANCE
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AOC-1026.1 Doc. Code: FDVOC
Rev. 5-20
Page 1 of 3
Commonwealth of Kentucky
Court of Justice
www.kycourts.gov
SCAO 2020-44
Case No. ____________________
Court ________________________
County ______________________
Division ______________________
_____________________________________________ PLAINTIFF
VS.
_____________________________________________ DEFENDANT
_____________________________________________
_____________________________________________
Address
Name
In support of the attached eviction filing related to the property located at: ____________________________________
______________________________________________________________________________________________,
and in compliance with Kentucky Supreme Court Administrative Order 2020-44, Plaintiff submits this Verification:
Check one:
Voluntary dismissal. The attached filing is related to the voluntary dismissal of the above-referenced eviction
action pursuant to CR 41.01.
Exemption granted by the Governor’s Office. The attached filing is associated with an eviction from
residential premises for which the Office of the Governor has granted the Plaintiff an exemption from the
suspension of evictions under Executive Order 2020-257, paragraph 5. The letter granting the exemption is attached.
Eviction for reason other than nonpayment of rent. The attached filing is associated with an eviction from
residential premises for a reason other than nonpayment of rent or other fees or charges. I understand that evictions
from residential premises for nonpayment of rent are suspended under Governor Andy Beshear’s Executive Order
2020-323 for the duration of the State of Emergency declared in Executive Order 2020-215 and that, further, the federal
Coronavirus Aid, Relief and Economic Security Act (CARES Act) prohibits the initiation of evictions for nonpayment of
rent from “covered dwellings,” as defined in Section 4024, until July 25 and from dwelling units in multifamily properties
subject to federally backed multifamily mortgage loans that are in forbearance, pursuant to Section 4023, until after the
expiration of the forbearance. By checking this box, I verify that the attached filing does not violate either the Governor’s
Executive Order 2020-323 or Sections 4023 and 4024 of the CARES Act. [NOTE: See applicable definitions below.]
Non-residential premises. The attached filing is associated with an eviction from non-residential premises.
I declare under the penalty of perjury that I have read or have had read to me the statements contained in this
Verification and that they are true, complete, and accurate to the best of my personal knowledge. Further, I
understand that filing an eviction action that does not meet any of the above criteria could result in sanctions,
up to and including dismissal, award of attorneys’ fees, and any other sanctions the court deems appropriate.
____________________________, 2______ ___________________________________________
Date Plaintiff’s / Attorney’s Signature
____________________________________ ___________________________________________
Printed Name Title / Position
________________________________________________________________________________________
Address
( ) ( ) ______________________________________
Phone no. Alternate phone no. Email address
Address
AOC-1026.1
Rev. 5-20
Page 2 of 3
CARES Act
Public Law 116-136
Explanation of Terms
SEC. 4024. TEMPORARY MORATORIUM ON EVICTION FILINGS.
(a) DEFINITIONS.—In this section:
(1) COVERED DWELLING.—The term ‘‘covered dwelling’’ means a dwelling that—
(A) is occupied by a tenant—
(i) pursuant to a residential lease; or
(ii) without a lease or with a lease terminable under State law; and
(B) is on or in a covered property.
(2) COVERED PROPERTY.—The term ‘‘covered property’’ means any property that—
(A) participates in—
(i) a covered housing program (as defi ned in section 41411(a) of the Violence Against Women Act of
1994 (34 U.S.C. 12 12491(a))); or
(ii) the rural housing voucher program under section 542 of the Housing Act of 1949 (42 U.S.C.
1490r); or
(B) has a—
(i) Federally backed mortgage loan; or
(ii) Federally backed multifamily mortgage loan.
(3) DWELLING.—The term ‘‘dwelling’’—
(A) has the meaning given the term in section 802 of the Fair Housing Act (42 U.S.C. 3602); and
(B) includes houses and dwellings described in section 803(b) of such Act (42 U.S.C. 3603(b)).
(4) FEDERALLY BACKED MORTGAGE LOAN.—The term ‘‘Federally backed mortgage loan’’ includes any loan
(other than temporary fi nancing such as a construction loan) that—
(A) is secured by a fi rst or subordinate lien on residential real property (including individual units of condo-
miniums and cooperatives) designed principally for the occupancy of from 1 to 4 families, including any
such secured loan, the proceeds of which are used to prepay or pay off an existing loan secured by the
same property; and
(B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any offi cer
or agency of the Federal Government or under or in connection with a housing or urban development
program administered by the Secretary of Housing and Urban Development or a housing or related
program administered by any other such offi cer or agency, or is purchased or securitized by the Federal
Home Loan Mortgage Corporation or the Federal National Mortgage Association.
(5) FEDERALLY BACKED MULTIFAMILY MORTGAGE LOAN.—The term ‘‘Federally backed multifamily mortgage
loan’’ includes any loan (other than temporary fi nancing such as a construction loan) that—
(A) is secured by a fi rst or subordinate lien on residential multifamily real property designed principally for
the occupancy of 5 or more families, including any such secured loan, the proceeds of which are used to
prepay or pay off an existing loan secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any offi cer
or agency of the Federal Government or under or in connection with a housing or urban development
program administered by the Secretary of Housing and Urban Development or a housing or related
program administered by any other such offi cer or agency, or is purchased or securitized by the Federal
Home Loan Mortgage Corporation or the Federal National Mortgage Association.
For purposes of Section 4024(a)(2), a “covered property” includes any property that participates in any of the following
programs or receives funding from any of the following sources:
Rural Housing Voucher Program (42 U.S.C. 1490r)
VAWA Covered Housing Programs:
Department of Housing and Urban Development (HUD)
• Public housing (42 U.S.C. § 1437d)
• Section 8 Housing Choice Voucher program (42 U.S.C. § 1437f)
• Section 8 project-based housing (42 U.S.C. § 1437f)
• Section 202 housing for the elderly (12 U.S.C. § 1701q)
• Section 811 housing for people with disabilities (42 U.S.C. § 8013)
• Section 236 multifamily rental housing (12 U.S.C. § 1715z-1)
• Section 221(d)(3) Below Market Interest Rate (BMIR) housing (12 U.S.C. § 1715l (d))
• HOME (42 U.S.C. § 12741, et seq.)
• Housing Opportunities for Persons with AIDS (HOPWA) (42 U.S.C. § 12901, et seq.)
• McKinney-Vento Act homelessness programs (42 U.S.C. § 11360, et seq.)
Department of Agriculture
• Section 515 Rural Rental Housing (42 U.S.C. § 1485)
• Sections 514 and 516 Farm Labor Housing (42 U.S.C. §§ 1484, 1486)
• Section 533 Housing Preservation Grants (42 U.S.C. § 1490p-2)
Department of Treasury
• Low-Income Housing Tax Credit (LIHTC) (26 U.S.C. § 42)
For purposes of Section 4024(a)(2), a “federally backed mortgage loan” is any loan that is secured by a fi rst or sub-
ordinate lien on residential real property designed for the occupancy of one or more families and is made in whole or in
part, or insured, guaranteed, supplemented, or assisted in any way, by any offi cer or agency of the Federal Government
or under or in connection with a housing or urban development program administered by the Secretary of Housing and
Urban Development or a housing or related program administered by any other such offi cer or agency, or is purchased or
securitized by the Federal Home Loan Mortgage Corporation (“Freddie Mac”) or the Federal National Mortgage Associa-
tion (“Fannie Mae”).
SEC. 4023. FORBEARANCE OF RESIDENTIAL MORTGAGE LOAN PAYMENTS FOR MULTIFAMILY PROPERTIES
WITH FEDERALLY BACKED LOANS.
(F) DEFINITIONS.—In this section:
(2) FEDERALLY BACKED MULTIFAMILY MORTGAGE LOAN.—The term “Federally backed multifamily
mortgage loan” includes any loan (other than temporary fi nancing such as a construction loan) that—
(A) is secured by a fi rst or subordinate lien on residential multifamily real property designed principally for
the occupancy of 5 or more families, including any such secured loan, the proceeds of which are used to
prepay or pay off an existing loan secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any offi cer
or agency of the Federal Government or under or in connection with a housing or urban development
program administered by the Secretary of Housing and Urban Development or a housing or related
program administered by any such other offi cer or agency, or is purchased or securitized by the Federal
Home Loan Mortgage Corporation or the Federal National Mortgage Association.
AOC-1026.1
Rev. 5-20
Page 3 of 3
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