(A) (1) The Owner(s) of any rental housing unit, other than those exempted under § 119.02, shall register all rental housing units with Louisville Metro in accordance with the provisions of this section. The Director of Code and Regulations shall take all steps necessary to implement the provisions of this section.
(2) An Owner(s) of any multi-unit rental housing facility is not required to submit separate registrations forms or pay separate registration fees for each individual rental housing unit. The Owner(s) of any multi- unit rental housing facility may register the facility as a whole; provided, however, that the registration form shall include a list by rental unit number of each rental housing unit contained in the multi-unit rental housing facility.
(B) The registration shall be available online through the Louisville Metro Department of Codes and Regulations, and shall include the following information:
(1) A description of the rental housing unit by street address;
(2) The name, mailing and physical address(es), telephone number, and email address of the Owner(s) of the property;
(3) The name, mailing and physical address(es), telephone number, and email address of the responsible managing operator, if other than the Owner(s);
(4) If the Owner(s) is a corporation, limited partnership, limited liability company, or similar entity, in addition to the information required by subsection (B)(1)-(3), the organization shall furnish the name, mailing and physical address(es), telephone number, and email address of a responsible individual partner or officer;
(5) If the Owner(s) is a partnership or similar entity, in addition to the information required by subsection (B)(1)-(3), the entity shall furnish the name, mailing and physical address(es), telephone number, and email address of a responsible individual partner or officer.
(6) If the Owner(s) is a trust, in addition to the information required by subsection (B)(1)-(3), the trust shall furnish the name, mailing and physical address(es), telephone number, and email address of an individual designated and authorized to receive the rents of the rental housing unit or notice of any violation of this section or any section of Chapter 156.
(7) All contact information required by subsections (B)(1) through (6) of this section shall be updated by the registrant within ten business days of any change to any of the required information.
(8) The registration form shall include a sworn affidavit by the property owner that, to the best of Owner's knowledge, all rental units within the registered rental housing unit or registered multi-unit rental housing unit facility are in compliance with the applicable provisions of Metro's property maintenance code. The Department of Codes and Regulations shall create all necessary forms and provide them to the public online, shall create and provide informative materials regarding a landlord's responsibilities under this chapter and the Land Development Code, to include a checklist informing Owners of the top five most common infractions, and provide them to the public online, and shall outline the timelines and fees for maintaining the registry, all to allow for accurate attestation of compliance.
(9) (a) Failure to register the rental housing unit shall cause the Department of Codes and Regulations to conduct inspections of all units within the registered rental housing unit. The inspections required by this subsection shall be in addition to any inspections the Department is authorized to make under Chapter 156 based upon a complaint about the property. Inspections shall only occur upon proper notice under KRS 383.615 and 383.665 of the Uniform Landlord Residential Tenant Act, by administrative warrant, or upon consent of the occupant.
(b) On an annual basis, the Department of Codes and Regulations shall be required to randomly select 10% of registrants within the Renter Tenure Areas that contain a portion of rental housing units greater than 33% of total residential property and conduct an inspection of the rental housing unit. Newly built rental housing units, as verified by cross-reference and inquiry into building permits, shall not be eligible for proactive inspection for ten years. Recently renovated rental housing units, as verified by cross-reference and inquiry into building permits, shall not be eligible for proactive inspection for five years. Inspections shall be used to verify the premises is sufficiently maintained pursuant to KRS 383.595(1)(a). The Department in its discretion may utilize the affidavit required by subsection (B)(8) as proof of compliance in lieu of or in conjunction with a physical inspection of a property. Inspections shall only occur upon proper notice under KRS 383.615 and 383.665 of the Uniform Landlord Residential Tenant Act, by administrative warrant, or upon consent of the occupant.
(c) Pursuant to KRS 383.705, a tenant may maintain an action for retaliatory conduct by a landlord where a tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety. Whenever a tenant agrees to an inspection of a Rental Housing Unit, the tenant shall benefit from the same presumption under KRS 383.705(2).
(10) In any proceeding before the Board of Code Enforcement it shall be a rebuttable presumption that the subject property is a rental housing unit when the property is occupied by someone other than the owner of record.
(C) Whenever ownership for a rental housing unit or a multi-unit rental housing facility changes, the new owner shall register the rental housing unit or multi-unit rental housing facility within 30 days of the transfer of ownership. A change in ownership of a rental housing unit or multi-unit rental housing facility shall invalidate any existing registration for that property after 30 days.
(D) A nonrefundable fee shall accompany the initial registration form. The fee structure shall be based on the following zoning classifications:
R-4 (max 4.84 per acre) - $25
R-5 (max 7.26 per acre) - $25
R-5A (max 12.01 per acre) - $50
R-6 (max 17.42 per acre) - $50
R-7 (max 34.8 per acre) - $50
R-8 (max 58.08 per acre) - $100
OR (max 12 per acre) - $50
OR-2 (max 58.08 per acre) - $100
OR-3 (max 217 per acre) - $250
C-R (max 38 per acre) - $50
C-1 (max 38.84 per acre) - $50
C-2 (max 217/145 acre) - $250
C-3 (max 435 per acre) - $250
CM and Up (none) - $50
The Director shall provide means for accepting payment online concurrent with submission of the annual registration form. After payment of initial registration, an annual registration shall be required with an accompanying $50 annual nonrefundable fee. For those with no violations pursuant to Chapter 156 and Chapter 119 within the preceding 12 months, the annual fee shall be waived. Rental housing units registered at the time this chapter takes effect shall not be required to re-register, so long as do not have outstanding violations with the Department of Codes and Regulations and they have provided all updated ownership information required by this chapter to Director.
(E) The Director shall assemble an annual report to Council showing the estimated total number of occupied rental housing units, their locations and density, and all other relevant data regarding the rental housing units within Metro that are registered subject to this chapter. The report shall include figures for registration fees collected and code enforcement violations and fines imposed for rental housing units. The report shall not present individual information on any particular owner or rental housing unit or multi-unit rental housing facility.
(Lou. Metro Ord. No. 174-2016, approved 10-5-2016; Lou. Metro Am. Ord. No. 197-2022, approved 12-15- 2022; Lou. Metro Am. Ord. No. 174- 2023, approved 12-5-2023) Penalty, see § 119.99