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344.360 Unlawful housing practices -- Design and construction requirements.
It is an unlawful housing practice for a real estate operator, or for a real estate
broker, real estate salesman, or any person employed by or acting on behalf of any
of these:
(1) To refuse to sell, exchange, rent, or lease, or otherwise deny to or withhold,
real property from any person because of race, color, religion, sex, familial
status, disability, or national origin;
(2) To discriminate against any person because of race, color, religion, sex,
familial status, disability, or national origin in the terms, conditions, or privileges
of the sale, exchange, rental, or lease of real property or in the furnishing of
facilities or services in connection therewith;
(3) To refuse to receive or transmit a bona fide offer to purchase, rent, or lease
real property from any person because of race, color, religion, sex, familial
status, disability, or national origin;
(4) To refuse to negotiate for the sale, rental, or lease of real property to any
person because of race, color, religion, sex, familial status, disability, or
national origin;
(5) To represent to any person that real property is not available for inspection,
sale, rental, or lease when it is so available, or to refuse to permit any person
to inspect real property because of his race, color, religion, sex, familial status,
disability, or national origin;
(6) To make, print, circulate, post, or mail or cause to be printed, circulated,
posted, or mailed an advertisement or sign, or to use a form of application for
the purchase, rental, or lease of real property, or to make a record of inquiry in
connection with the prospective purchase, rental, or lease of real property,
which indicates, directly or indirectly, a limitation, specification, or discrimination
as to race, color, religion, sex, familial status, disability, or national origin or an
intent to make such a limitation, specification, or discrimination;
(7) To offer, solicit, accept, use, or retain a listing of real property for sale, rental,
or lease with the understanding that any person may be discriminated against
in the sale, rental, or lease of that real property or in the furnishing of facilities
or services in connection therewith because of his race, color, religion, sex,
familial status, disability, or national origin;
(8) To otherwise deny to or withhold real property from any person because of his
race, color, religion, sex, familial status, disability, or national origin;
(9) To discriminate in the sale or rental, or to otherwise make unavailable or deny,
a housing accommodation to any buyer or renter because of a disability of:
(a) That buyer or renter;
(b) A person residing in or intending to reside in that housing accommodation
after it is so sold, rented, or made available; or
(c) Any person associated with that buyer or renter; or
(10) To discriminate against any person in the terms, conditions, or privileges of
sale or rental of a dwelling, or in the provision of services or facilities in
connection with such housing accommodation, because of a disability of:
(a) That person; or
(b)
A person residing in or intending to reside in that housing accommodation
after it is sold, rented, or made available; or
(c) Any person associated with that person.
(11) For purposes of this section, discrimination includes:
(a) A refusal to permit, at the expense of the disabled person, reasonable
modifications of existing premises occupied or to be occupied by a
person, if the modifications may be necessary to afford the person full
enjoyment of the premises; except that, in the case of a rental, the
landlord may, where it is reasonable to do so, condition permission for a
modification on the renter agreeing to restore the interior of the premises
to the condition that existed before the modification, reasonable wear and
tear excepted.
(b) A refusal to make reasonable accommodations in rules, policies,
practices, or services, when the accommodations may be necessary to
afford the person equal opportunity to use and enjoy a housing
accommodation; or
(c) In connection with the design and construction of covered multifamily
housing accommodations for first occupancy after January 1, 1993, a
failure to design and construct those housing accommodations in a
manner ensuring that they have at least one (1) entrance on an
accessible route unless impractical to do so because of the terrain or
unusual characteristics of the site. Housing accommodations with a
building entrance on an accessible route shall comply with the following
requirements:
1.
The public use and common use portions of the housing
accommodations shall be readily accessible to and usable by
disabled persons;
2.
All the doors designed to allow passage into and within all premises
within the housing accommodations shall be sufficiently wide to
allow passage by disabled persons in wheelchairs; and
3.
All premises within the housing accommodations shall contain the
following features of adaptive design:
a.
An accessible route into and through the housing
accommodation;
b.
Light switches, electrical outlets, thermostats, and other
environmental controls in accessible locations;
c.
Reinforcements in bathroom walls to allow later installation of
grab bars; and
d.
Usable kitchens and bathrooms so that an individual in a
wheelchair can maneuver about the space.
(12) Compliance with the appropriate requirements of the American National
Standard for buildings and facilities providing accessibility and usability for
physically disabled persons, (commonly cited as "ANSI A117.1 - 1986")
suffices to satisfy the requirements of subsection (11)(c)3. of this section.
(13) As used in subsection (11) of this section, the term "covered multifamily
housing accommodation" means:
(a) Buildings consisting of four (4) or more units if the buildings have one (1)
or more elevators; and
(b) Ground floor units in other buildings consisting of two (2) or more units.
(14) Nothing in this section requires that a housing accommodation be made
available to an individual whose tenancy would constitute a direct threat to the
health or safety of other individuals or whose tenancy would result in
substantial physical damage to the property of others.
Effective:July 15, 1994
History: Amended 1994 Ky. Acts ch. 405, sec. 87, effective July 15, 1994.
Amended 1992 Ky. Acts ch. 282, sec. 36, effective July 14, 1992. -- Amended
1972 Ky. Acts ch. 255, sec. 12. -- Created 1968 Ky. Acts ch. 167, sec. 3.
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