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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)
(b)
That person; or
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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