Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO: KRS 344.360
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
regulation establishes requirements for the retention, content and submission
of annual reports by owners of housing accommodations covered by KRS 344.360.
Section 1. Definitions.
(1) "Multiple dwelling development" means one
(1) or more housing accommodations:
(a)
Located within the Commonwealth of Kentucky;
(b) Operated under the same management or
owned by the same person or persons; and
(c) Containing in the aggregate at least
twenty-five (25) units.
(2) "Racial or national origin designation"
means white, black, Hispanic, American Indian or Alaskan native, biracial or
multiracial, Asian or Pacific Islander.
(3) "Leaseholder" means the party with whom
the landlord has entered into an agreement for rental.
(4) "Applicant" means a person who, for the
purpose of either renting or purchasing a unit of a multiple dwellings
development, appears before either the owner, lessor, agent or other principal
or operator.
Section 2.
Reports Relevant to the Determination of Unlawful Practices.
(1) An owner of a multiple dwelling
development shall file one (1) copy of the "Multiple Dwelling Report" annually
with the Kentucky Commission on Human Rights by August 15.
(2) The annual "Multiple Dwelling Report"
shall include cumulative information for a period from July 1 to June
30.
(3) For each applicant and
occupant of the multiple dwelling development, the report shall contain the:
(a) Racial or national origin designation;
and
(b) Familial status.
(4) A consolidated report may be
filed if:
(a) There are multiple owners of a
development; and
(b) The
development is operated as one (1) unit.
(5) The manager, agent, or other persons
responsible for management may file for the owner.
Section 3. Instructions for Data Collecting
on Race or National Origin.
(1) The owner of a
housing accommodation not exempted by KRS 344.362 or 344. 365 shall list
questions regarding the race or national origin of the applicant or lessor on a
separate form.
(2) The owner may
ask for the information, but shall not require the applicant to provide
it.
(3) If an applicant refuses to
provide the information when the applicant applies in person, the applicant's
refusal shall be noted on the form. The owner may supply the information based
on visual observation or surname.
(4)
(a) An
applicant or tenant shall be informed, by the owner, that the Kentucky
Commission on Human Rights is requesting information in order to monitor
compliance with state statutes that prohibit persons from discriminating
against tenants and applicants on the basis of race or national
origin.
(b) An applicant or tenant
shall be advised, by the owner, that if the information is not provided when
the application is taken in person, the data will be collected on the basis of
visual observation or surname.
(5) Questions shall not be asked of a
telephone applicant.
Section
4. Maintenance and Retention of Records. The owner of a housing
accommodation covered by KRS 344.360 and not exempted by KRS 344.362 or 344.365
shall maintain the following records:
(1)
Racial or national origin and familial status designation of each applicant for
an apartment:
(2) Racial or
national origin and familial status designation of each leaseholder or
purchaser;
(3) Apartment rental or
sales recruiting techniques; and
(4) All records shall be retained for a
period of two (2) years and shall be available for inspection and review upon
request by an employee of the Kentucky Commission on Human Rights, Monday
through Friday between the hours of 8 a.m. and 4:30 p.m.
Section 5. Material Incorporated by
Reference.
(1) The following material is
incorporated by reference:
(a) "Multiple
Dwelling Reporting Form (February, 1993)";
(b) "Suggested Form for Recording Applicant
Information (February, 1993)".
(2) This material may be inspected, copied or obtained:
(a) At the offices of the Kentucky Commission
on Human Rights, The Heyburn Building, Suite 700, 332 West Broadway,
Louisville, Kentucky 40202; or
(b)
By calling:
1. (502) 595-4024;
2. (800) 295-5566;
3. (502) 595-4084, (TDD), for the hearing
impaired;
4. Kentucky Relay
Service, (800) 648-6056 (TTY/TDD).
HR-6; 1 Ky.R. 239; Am. 447; eff. 1-10-75; 18 Ky.R. 1870;
3187; eff. 4-14-92; 19 Ky.R. 2085; 2394; eff. 5-10-93; Crt eff.
1-29-2020.
STATUTORY AUTHORITY: KRS 13A.100, 13A.120,
344.190(10), (11), (14), 344.250(2),
(7)