2026 Regular Session - Day 49 - HB 338 | Rep. Susan Witten

Thank you Mr. Speaker. I ask the clerk to report the House Committee Substitute 1 to House Bill 338. Mr. Clerk, please report. House Committee Substitute 1 to House Bill 338. Lady from Jefferson. Mr. Speaker, the Committee Sub is the result of countless conversations between the Apartment Association, the Administrative Office of the Courts, District Court Judges, and Circuit Court Clerks. The Committee Sub does several important things. It provides a workable process and timeline that can be implemented in each courthouse, including extending this clerk's time frame to comply to 45 days, and it ensures that we are not placing undue burden on a landlord in the event of a minor being listed. Mr. Speaker, I move adoption of the House Committee Substitute. Motion made for the adoption of House Committee Substitute 1. Is there any discussion? Seeing none, all those in favor please signify by saying aye. All opposed nay. Motion carries. House Committee Substitute 1 is adopted. Lady from Jefferson. Mr. Speaker, as the Housing Task Force Co-Chair the past two years, we've worked hard to identify state-level solutions to Kentucky's housing crisis. While most of the solutions have been to address the housing supply, there are other solutions we have identified that can help eliminate unnecessary roadblocks for Kentuckians to have access to housing, especially affordable housing. One such solution is addressed in House Bill 338. House Bill 338 requires the automatic expungement of dismissed eviction filings and protects minors from being listed in eviction cases, as well as providing a framework to remove their name from the record. Mr. Speaker, this bill has been years in the making, and I want to thank the Apartment Association, AOC, district court judges, circuit court clerks, and countless advocates who have helped to develop this legislation. This is not a unique concept, as 21 other states have already passed similar legislation, including Utah, Indiana, North Dakota, Idaho, Nevada, and Texas, and just last year Ohio passed the youth provision of this bill. This bill is important as it increases the ability for working Kentuckians to have access to safe, affordable housing while explicitly maintains the property rights of the landlord. This bill makes no change to the eviction, collection, or damage claims property owners may have. I want to be clear, this bill in no way takes away any avenues of recourse of the landlord. Landlords can continue to screen tenants based on eviction judgments, on references, and legal criteria like proof of income or credit scores. They can still file evictions, they can still collect unpaid rent, and they can still pursue other legal claims or seek charges for property damage. This bill simply removes a barrier for tenants with dismissed eviction cases that would otherwise be a hindrance into finding available and affordable housing. Mr. Speaker, House Bill 338 provides a simple solution to a hurdle many Kentuckians face in their attempts to secure housing. It ensures landlords receive accurate current information, it removes barriers for tenants with dismissed cases, it protects minors in the event a minor is listed in eviction cases, and it complements our broader efforts to increase Kentucky's housing supply and affordability. So Mr. Speaker, if there are no questions, I move passage of House Bill 338 as amended by the House Committee substitute.