Kentucky Administrative Regulations
Title 104 - COMMISSION ON HUMAN RIGHTS
Chapter 1 - Human Rights
Section 104 KAR 1:080 - Guidelines on fair housing
Universal Citation: 104 KY Admin Regs Service 1:080
Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO: KRS 344.010, 344.360-344.385, 344.600-344.680
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation establishes standards and procedures for determining permissible conduct by persons engaged in real estate or real estate-related transactions.
Section 1. Definitions.
(1) "Real estate operator" is defined in KRS 344.010(8), and includes, subject to KRS 344.362 and 344.365, any person
engaging in housing practices or any real estate or real estate-related
transaction and is not limited to those persons regularly engaging in real
estate as a business.
(2) "Conduct"
means in addition to practices prohibited by KRS 344.360 any action including
statements, words, and utterances.
Section 2. Discriminatory conduct notice, statements and advertisements shall include:
(1) A written or oral notice or statement by
a real estate operator; and
(2)
Written notice or statement including an application, flyer, brochure, deed,
sign, banner, poster, billboard, or a document used with respect to the sale or
rental of housing accommodations; and
(3) Notices, statements and advertisements
include the following:
(a) The use of words,
phrases, photographs, illustrations, symbols or forms which convey that housing
accommodations are available or not available to a particular group of persons
because of race, color, religion, sex, disability, familial status, or national
origin;
(b) Expressing to agents,
brokers, employees, prospective sellers or renters or any other persons a
preference for or limitation on any purchaser or renter because of race, color,
religion, sex, disability, familial status, or national origin of such
persons;
(c) Selecting media or
locations for advertising the sale or rental of housing accommodations which
deny particular segments of the housing market information about housing
opportunities because of race, color, religion, sex, disability, familial
status, or national origin; and
(d)
Refusing to publish advertising for the sale or rental of housing
accommodations or requiring different charges or terms for such advertising
because of race, color, religion, sex, disability, familial status, or national
origin; and
(4)
"Prohibited words, phrases, symbols and visual aids" shall include those
specified in 24 CFR 109.20(a) to (f).
(5) Use of advertising media shall comply
with the provisions of 24 CFR 109.25(a) to (c).
(6) Occupancy restrictions because of
familial status.
(a) Real estate operators may
enforce nondiscriminatory policies or standards involving reasonable occupancy
restrictions on the basis of familial status.
(b) In reviewing occupancy restrictions, the
Kentucky Commission on Human Rights shall consider the:
1. Size of bedrooms and unit;
2. Age of children;
3. Configuration of unit; and
4. Other special circumstances which may
warrant occupancy restrictions.
Section 3. Material Incorporated by Reference.
(1) The following material is
incorporated by reference:
(a) "Use of words,
phrases, symbols, and visual aids, 24 CFR 109.20(a) to (f) ", (54 Federal
Register 3308, January 23, 1989, as amended at 55 FR 53294, December 28,
1990).
(b) "Selective Use of
Advertising Media or Content, 24 CFR 109.25(a) to (c) ", (54 Federal Register
3308, January 23, 1989, as amended at 55 FR 53294, December 28,
1990).
(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)
1. (502)
595-4024;
2. (800)
292-5566;
3. (502) 595-4084 (TDD),
for the hearing impaired;
4.
Kentucky Relay Service, (800) 648-6056 (TTD/TDD).
19 Ky.R. 2157; Am. 2396; eff. 5-10-93; Crt eff. 1-29-2020.
STATUTORY AUTHORITY: KRS 344.190(14), 24 C.F.R. 101.20, 101.25
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