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344.645 Final order of commission -- Civil penalty.
(1)
(2)
(3)
(4)
If the commission finds that a respondent has engaged or is about to engage in a
discriminatory housing practice, the commission shall promptly issue a final order
for appropriate relief, which may include actual damages suffered by the aggrieved
person and injunctive or other equitable relief. The final order may, to vindicate the
public interest, assess a civil penalty against the respondent:
(a) In an amount not exceeding ten thousand dollars ($10,000) if the respondent
has not been adjudged to have committed any prior discriminatory housing
practice;
(b) In an amount not exceeding twenty-five thousand dollars ($25,000) if the
respondent has been adjudged to have committed one (1) other discriminatory
housing practice during the five (5) year period ending on the date of the filing
of this charge; and
(c) In an amount not exceeding fifty thousand dollars ($50,000) if the respondent
has been adjudged to have committed two (2) or more discriminatory housing
practices during the seven (7) year period ending on the date of the filing of
this charge; except that if the acts constituting the discriminatory housing
practice that is the object of the charge are committed by the same natural
person who has been previously adjudged to have committed acts constituting
a discriminatory housing practice, then the civil penalties set forth in
paragraphs (b) or (c) of this subsection may be imposed without regard to the
period of time within which any subsequent discriminatory housing practice
occurred.
No final order shall affect any contract, sale, encumbrance, or lease consummated
before the issuance of the final order and involving a bona fide purchaser,
encumbrancer, or tenant without actual notice of the discriminatory housing charge.
If the commission finds that the respondent has not engaged or is not about to
engage in a discriminatory housing practice, the commission shall enter a final order
dismissing the charge. The commission shall make public disclosure of the
dismissal.
The commission shall issue a final order in accordance with the provisions of KRS
Chapter 13B.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 325, effective July 15, 1996. -- Created
1992 Ky. Acts ch. 282, sec. 25, effective July 14, 1992.
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