What Kentucky's Fair Housing Law Means
Rights & Responsibilities of Property Managers, Owners & Housing Customers Under Kentucky's Civil Rights Act
Kentucky's Fair Housing Law forbids discrimination in housing because of a person's color, religion, race, sex, national origin, familial status or disability. It is unlawful for a real estate operator, broker, or sales agent to:
- refuse to sell, rent, lease or exchange real property for discriminatory reasons
- refuse to receive or transmit good faith offers to purchase or rent
- deny any services or facilities relating to real property transactions
- represent that real property is not available for inspection, sale or rental when in fact it is
- retain a listing with the understanding that the seller plans to discriminate
discriminate in the terms or conditions of sale or rental
It is unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of any housing rights. It is unlawful for a financial institution to:
- discriminate in the granting, rates, terms, conditions or
- services of financial assistance in real estate transactions
- discriminate in making or purchasing of loans
It is unlawful for a real estate operator or a financial institution to:
- engage in the tactics and practices of panic-selling; to represent that the racial composition of a neighborhood is going to change or that property values will lower; or make similar false and misleading statements
It is unlawful for an insurance agent to:
- discriminate in term, conditions or privileges of insurance against hazards to a housing accommodation
It is unlawful for a multiple listing service/real estate organization to:
- deny access or restrict membership or participation for discriminatory reasons
What housing is covered?
All real property (home, apartments lots, etc.) rented or sold, whether by or through a real estate broker, sales agent or operator, or directly by the owner.
The rental of an owner occupied duplex or one room in a private home; the sale of property without help from a real estate dealer and without public advertising; and rental of church-owned housing to the extent of giving preference to those of that religion
Refusal to rent on the basis of sex if:
- A single-sex dormitory; the landlord chooses not to rent to unmarried couples; or the landlord rents fewer than 10 units or to fewer than 10 persons in an owner-occupied facility; it can be demonstrated that gender-based exclusions are necessary for reasons of personal modesty or privacy.
- Refusal to rent on the basis of familial status if:
Housing is intended for or occupied by occupants 62 years of age or older; or 80 percent of all units in a facility have occupants 55 year of age or older and special services for older persons are provided.
Who is covered?
- Real estate operators, brokers and agents.
- Savings & Loan associations, mortgage lenders, banks or other financial institutions.
- Apartment house agents.
- Rental agents.
- Builders, contractors and developers.
- Owners of building lots.
- Advertising media.
- Home owners advertising and selling their own home.
- Multiple listing serves/real estate related organizations.
- Insurers and agents.
Enforcement: The Kentucky Commission on Human Rights:
- Receives complaints which must be filed within one year of the alleged discrimination
- Investigates the complaints and determines whether discrimination has occurred
- Attempts to eliminate discriminatory acts through conference, persuasion and conciliation
- Enters into conciliation agreements which are enforceable in court
- Holds public hearings on complaints where discrimination has occurred if conciliation attempts fail
- Issues court-enforceable cease-and-desist and affirmative action orders
- Awards damages for embarrassment and humiliation when appropriate
- Assesses civil penalties when appropriate
If you believe you have been discriminated against on the basis of race, sex, color, religion, national origin, disability, or familial status:
Contact the offices of the Kentucky Commission on Human Rights.
Record your experiences. Write down names of individuals involved, all significant conversation, and any incidents that might indicate discrimination.
Keep copies of advertisements, letters, notes or other relevant information.
Complete the Filing Complaints Form and send to the Kentucky Commission on Human Rights.