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344.010 Definitions for chapter.
In this chapter:
(1) "Person" includes one (1) or more individuals, labor organizations, joint
apprenticeship committees, partnerships, associations, corporations, legal
representatives, mutual companies, joint-stock companies, trusts,
unincorporated organizations, trustees, trustees in bankruptcy, fiduciaries,
receivers, or other legal or commercial entity; the state, any of its political or
civil subdivisions or agencies.
(2) "Commission" means the Kentucky Commission on Human Rights.
(3) "Commissioner" means a member of the commission.
(4) "Disability" means, with respect to an individual:
(a) A physical or mental impairment that substantially limits one (1) or more
of the major life activities of the individual;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
Persons with current or past controlled substances abuse or alcohol abuse
problems and persons excluded from coverage by the Americans with
Disabilities Act of 1990 (P.L. 101-336) shall be excluded from this section.
(5) "Discrimination" means any direct or indirect act or practice of exclusion,
distinction, restriction, segregation, limitation, refusal, denial, or any other act or
practice of differentiation or preference in the treatment of a person or persons,
or the aiding, abetting, inciting, coercing, or compelling thereof made unlawful
under this chapter.
(6) "Real property" includes buildings, structures, real estate, lands, tenements,
leaseholds, cooperatives, condominiums, and hereditaments, corporeal and
incorporeal, or any interest in the above.
(7) "Housing accommodations" includes improved and unimproved property and
means any building, structure, lot or portion thereof, which is used or occupied,
or is intended, arranged, or designed to be used or occupied as the home or
residence of one (1) or more families, and any vacant land which is offered for
sale or lease for the construction or location thereon of any such building or
structure.
(8) "Real estate operator" means any individual or combination of individuals,
labor organizations, joint apprenticeship committees, partnerships,
associations, corporations, legal representatives, mutual companies, joint-stock
companies, trusts, unincorporated organizations, trustees in bankruptcy,
receivers, or other legal or commercial entity, the county, or any of its agencies,
that is engaged in the business of selling, purchasing, exchanging, renting, or
leasing real estate, or the improvements thereon, including options, or that
derives income, in whole or in part, from the sale, purchase, exchange, rental,
or lease of real estate; or an individual employed by or acting on behalf of any
of these.
(9) "Real estate broker" or "real estate salesman" means any individual, whether
licensed or not, who, on behalf of others, for a fee, commission, salary, or other
valuable consideration, or who with the intention or expectation of receiving or
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collecting the same, lists, sells, purchases, exchanges, rents, or leases real
estate, or the improvements thereon, including options, or who negotiates or
attempts to negotiate on behalf of others such an activity; or who advertises or
holds himself out as engaged in these activities; or who negotiates or attempts
to negotiate on behalf of others a loan secured by mortgage or other
encumbrance upon a transfer of real estate, or who is engaged in the business
of charging an advance fee or contracting for collection of a fee in connection
with a contract whereby he undertakes to promote the sale, purchase,
exchange, rental, or lease of real estate through its listing in a publication
issued primarily for this purpose; or any person employed by or acting on
behalf of any of these.
"Financial institution" means bank, banking organization, mortgage company,
insurance company, or other lender to whom application is made for financial
assistance for the purchase, lease, acquisition, construction, rehabilitation,
repair, maintenance, or improvement of real property, or an individual
employed by or acting on behalf of any of these.
"Licensing agency" means any public or private organization which has as one
(1) of its duties the issuing of licenses or the setting of standards which an
individual must hold or must meet as a condition to practicing a particular trade
or profession or to obtaining certain employment within the state or as a
condition to competing effectively with an individual who does hold a license or
meet the standards.
"Credit transaction" shall mean any open or closed end credit transaction
whether in the nature of a loan, retail installment transaction, credit card issue
or charge, or otherwise, and whether for personal or for business purposes, in
which a service, finance, or interest charge is imposed, or which provides for
repayment in scheduled payments, when such credit is extended in the course
of the regular course of any trade or commerce, including but not limited to
transactions by banks, savings and loan associations, or other financial lending
institutions of whatever nature, stock brokers, or by a merchant or mercantile
establishment which as part of its ordinary business permits or provides that
payment for purchases of property or services therefrom may be deferred.
"To rent" means to lease, to sublease, to let, or otherwise to grant for a
consideration the right to occupy premises not owned by the occupant.
"Family" includes a single individual.
(a) "Familial status" means one (1) or more individuals who have not attained
the age of eighteen (18) years and are domiciled with:
1.
A parent or another person having legal custody of the individual or
individuals; or
2.
The designee of a parent or other person having custody, with the
written permission of the parent or other person.
(b) The protection afforded against discrimination on the basis of familial
status shall apply to any person who is pregnant or is in the process of
securing legal custody of any individual who has not attained the age of
eighteen (18) years.
"Discriminatory housing practice" means an act that is unlawful under KRS
344.360, 344.367, 344.370, 344.380, or 344.680.
Effective:July 14, 1992
History: Amended 1992 Ky. Acts ch. 282, sec. 1, effective July 14, 1992. -Amended 1980 Ky. Acts ch. 245, sec. 1, effective July 15, 1980. -- Amended
1974 Ky. Acts ch. 104, sec. 1. -- Amended 1972 Ky. Acts ch. 255, sec. 1. -Amended 1968 Ky. Acts ch. 167, sec. 1. -- Created 1966 Ky. Acts ch. 2, Art. 2,
sec. 201.
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