a. It is an unlawful practice for any person, owner, real estate broker, real estate salesman, real estate operator, real estate appraiser or any representatives or individuals employed by or acting on behalf of any of the above in connection with any of the transactions in this Subchapter which affect any housing accommodation on the open market or in connection with any public sale, purchase, exchange, rental or lease of any housing accommodation:
1. To refuse to sell, purchase, exchange, rent or lease or otherwise deny to or withhold real property after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a housing accommodation to an individual because of race, color, sex, religion, disability, familial status or national origin;
2. To discriminate against an individual because of race, color, sex, religion, disability, familial status or national origin in the terms, conditions or privileges of the sale, purchase, exchange, rental or lease of a housing accommodation 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 a housing accommodation to an individual because of race, color, sex, religion, disability, familial status or national origin;
4. To refuse to negotiate for the sale, rental or lease of a housing accommodation to an individual because of race, color, sex, religion, disability, familial status or national origin;
5. To represent to an individual that a housing accommodation is not available for inspection, sale, rental or lease when in fact it is so available, or to refuse to permit an individual to inspect a housing accommodation because of race, color, sex, religion, disability, familial status or national origin;
6. To 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 a housing accommodation, or to make a record of inquiry in connection with the prospective purchase, rental or lease of a housing accommodation, which indicates directly or indirectly a limitation, specification, preference or discrimination as to race, color, sex, religion, disability, familial status or national origin or an intent to make such a limitation, specification, preference or discrimination;
7. To offer, solicit, accept, use or retain a listing of a housing accommodation for sale, rental or lease with the understanding that an individual may be discriminated against in the sale, rental or lease of that housing accommodation or in the furnishing of facilities or services in connection therewith because of race, color, sex, religion, disability, familial status or national origin;
8. To induce or attempt to induce any person to sell or rent any housing accommodation for profit or with the hope or expectation of profit by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, sex, religion, disability, familial status or national origin;
9. To discriminate in the sale or rental or otherwise make unavailable or deny a housing accommodation to a buyer or renter or to discriminate against any person in the terms, conditions or privileges of sale or rental of a housing accommodation, or in the provision of services or facilities in connection with such housing accommodation because of a disability of that buyer or renter, a person residing in or intending to reside in that housing accommodation after it is sold, rented or made available or any person associated with that buyer or renter; or,
10. To otherwise deny or withhold or discriminate in any manner regarding a housing accommodation because of race, color, sex, religion, disability, familial status or national origin.
b. It is an unlawful practice for a real estate operator, real estate broker, real estate salesman, financial institution, or an employee of any of these, or any other person for the purposes of inducing a housing accommodation transaction from which he may benefit financially:
1. To represent that a change has occurred, will occur or may occur in the composition with respect to race, color, sex, age religion, disability, familial status or national origin of the owners or occupants in the block, neighborhood or area in which the housing accommodation is located;
2. To represent that this change will or may result in the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools in the block, neighborhood or area in which the housing accommodation is located;
3. To discriminate by denying any person access to or membership or participation in any multiple listing service, real estate brokers organization or other service, organization or facility relating to the business of selling or renting housing accommodations, or to discriminate in the terms or conditions of such access, membership or participation on account of race, color, sex, age, religion, disability, familial status or national origin; or,
4. To discriminate in any other manner as defined in Kentucky Revised Statutes, Chapter 344 related to unlawful housing practices.
c. It is an unlawful practice for a financial institution or an individual employed by or acting on behalf of a financial institution:
1. To discriminate against an individual because of the race, color, religion, disability, familial status, national origin, sex or age of the individual, or the present or prospective owner, tenant or occupant of the housing accommodation, or of a member, stockholder, director, officer, employee, or representative of any of these in the granting, withholding, extending, modifying or renewing the rates, terms, conditions, privileges or other provisions of financial assistance or in the extension of services in connection therewith;
2. To use a form of application for financial assistance or to make or keep a record or inquiry in connection with applications for financial assistance which indicate directly or indirectly a limitation, specification or discrimination as to race, color, sex, age, religion, disability, familial status or national origin or an intent to make such a limitation, specification or discrimination;
3. To discriminate by refusing to give full recognition, because of sex or age, to the income of each spouse or the total income and expenses of both spouses where both spouses become or are prepared to become joint or several obligors in housing accommodation transactions; or,
4. To discriminate in any other manner as defined in Kentucky Revised Statutes, Chapter 344 related to unlawful housing practices.
d. For purposes of this Subchapter, discrimination includes:
1. A refusal to permit, at the expense of the person with the disability, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises of a dwelling, provided that in the case of a rental, a landlord may reasonably condition permission for modifications upon the renter's agreement to restore the interior of the premises to its premodification condition, reasonable wear and tear excepted and reasonably condition such permission on the renter providing a reasonable description of the proposed modifications and reasonable assurances that all work will be done in a workmanlike manner and that all required permits will be obtained;
2. A landlord increasing any customarily required security deposit for a person with a disability, except to ensure available funds for restorations as required hereinabove, if any, and a landlord may negotiate an agreement that the renter deposit into an interest bearing escrow account over a reasonable period a reasonable amount not to exceed the cost of restorations, where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the restoration, with all interest accruing to the renter's benefit;
3. A refusal to make reasonable accommodations in rules, policies, practices or services when the accommodation may be necessary to afford a disabled person equal opportunity to use and enjoy a housing accommodation, including public and common use areas;
4. Making any inquiry to determine whether an applicant for a housing accommodation, a person intending to reside in that housing accommodation or any person associated with that person has a disability or to determine the nature or severity of any disability, except the following inquiries may be made if these inquiries are made of all applicants, regardless of disability:
(a) Inquiry into an applicant's ability to meet the requirements of ownership or tenancy;
(b) Inquiry to determine whether an applicant is qualified for a housing accommodation available only to persons with disabilities or to persons with a particular type of disability;
(c) Inquiry to determine whether an applicant for a housing accommodation is qualified for a priority available to persons with disabilities or to persons with a particular type of disability;
(d) Inquiry to determine whether an applicant is a current illegal user or addict of a controlled substance; and,
(e) Inquiry to determine whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance.
5. A refusal to design and construct multi-family housing accommodations to comply with accessibility and public and common use requirements as set out in Kentucky Revised Statutes, Chapter 344 related to unlawful housing practices and to the Kentucky Building Code.
(Ord. BG80-63, S16-41, 7/15/80; Ord. BG80-102, S7, 12/2/80; Ord. BG2000-51, 12/5/2000; Ord. BG2003-53, 10/7/2003)