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344.660 Damages and injunctive relief available.
(1)
(2)
(3)
In a civil action under KRS 344.650, if the Circuit Court finds that a discriminatory
housing practice has occurred or is about to occur, the Circuit Court may award to
the plaintiff actual and punitive damages, and subject to subsection (3) of this
section, may grant as relief, as the court deems appropriate any permanent or
temporary injunction, restraining order, or other order including an order enjoining
the defendant from engaging in the practice or ordering affirmative action as
appropriate.
In a civil action under KRS 344.240, 344.650, or 344.665, the court, in its
discretion, may award the prevailing complainant, a reasonable attorneys' fee and
costs. The court, in its discretion, may award the prevailing respondent a reasonable
attorneys' fee and costs if the respondent establishes that the complaint upon which
the action was based was brought in bad faith. Whether a party has committed bad
faith shall be determined in accordance with Rule 11 of the Kentucky Rules of Civil
Procedure. The state shall not be liable in any event for fees and costs.
However, no relief provided under this section shall effect any contract, sale,
encumbrance, or lease consummated before the granting of that relief, and involving
a bona fide purchaser, encumbrancer, or tenant, without actual notice of the filing of
the complaint of a discriminatory housing practice complaint with the commission
or the filing of a civil action.
Effective: July 14, 1992
History: Created 1992 Ky. Acts ch. 282, sec. 30, effective July 14, 1992.
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