(A) Nothing in § 26-33 shall apply to:
(1) The rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other, if the owner or a member of his or her family resides in one of the housing accommodations;
(2) The rental of one room or one rooming unit in a housing accommodation by an individual if he or she or a member of his or her family resides therein;
(3) A religious organization, association or society, or any non-profit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, which limits the sale, lease, rental, occupancy, assignment or sublease of a housing accommodation which it owns or operates for other than commercial purpose to persons of the same religion, or from giving preference to those persons, unless membership in the religion is restricted on account of race, color or national origin. Nor shall anything in this article prohibit a private club not in fact open to the public, which as an incident to its primary purpose provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the lodgings to its members or from giving preference to its members; and
(4) A private individual homeowner disposing of his or her property through private sale without the aid of any real estate operator, real estate broker or real estate salesman and without advertising or public display; except that, attorneys, escrow agents, abstractors, title companies and other professional assistance may be utilized as necessary to perfect or transfer the title.
(B) Nothing in this article shall require a real estate operator to negotiate with any individual who has not shown evidence of financial ability to consummate the purchase or rental of a housing accommodation.
(C) Nothing in this article shall limit the applicability of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a housing accommodation. No provision in this article regarding familial status shall apply with respect to housing for older persons, as defined in the Federal Fair Housing Act, 42 U.S.C. § 3607.
(D) Nothing in this section prohibits conduct against a person because the person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance, as defined in § 102 of the Controlled Substances Act (21 U.S.C. § 802) or KRS Ch. 218A.
(1977 Code, § 9.2-27) (Ord. 91-14, passed 7-8-1991)
Statutory reference:
Similar provisions, see KRS 344.365