(A) The provisions of this chapter, which prohibit discriminatory housing practices, other than the prohibition of discriminatory advertising, shall not apply:
(1) To the rental or lease of any housing accommodations in a building which contains 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) To the rental of one room or one rooming unit in a housing accommodation by an owner if he or she or a member of his or her family resides therein;
(3) To a religious organization, association, or society, or any nonprofit 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 housing accommodation which it owns or operates for other than commercial purposes 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 chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the lodging to its members or form giving preference to its members.
(4) To a private individual homeowner disposing of his or her property through private sale without the aid of any real estate operator, broker, or salesperson 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.
(5) To persons with arrest history and conviction history that includes one or more of the following:
(a) Any arrest or conviction where state and/or federal law prohibits the person from being eligible for public housing and other federally subsidized housing; or
(b) Consistent with 24 C.F.R. 960.204(a)(4), 24 C.F.R. 5.856, any conviction that leads to the person becoming subject to a lifetime registration requirement under a State sex offender registration program; or
(c) Any conviction in which the person is deemed a "violent offender" under KRS 439.3401. A violent offender means any person who has been convicted of or pled guilty to the commission of:
1. A capital offense;
2. A Class A felony;
3. A Class B felony involving the death of the victim or serious physical injury to a victim;
4. An offense described in KRS 507.040 or 507.050 where the offense involves the killing of a peace officer, firefighter, or emergency medical services personnel while the peace officer, firefighter, or emergency medical services personnel was acting in the line of duty;
5. A Class B felony involving criminal attempt to commit murder under KRS 506.010 if the victim of the offense is a clearly identifiable peace officer, firefighter, or emergency medical services personnel acting in the line of duty, regardless of whether an injury results;
6. The commission or attempted commission of a felony sexual offense described in KRS Chapter 510;
7. Use of a minor in a sexual performance as described in KRS 531.310;
8. Promoting a sexual performance by a minor as described in KRS 531.320;
9. Unlawful transaction with a minor in the first degree as described in KRS 530.064(1)(a);
10. Human trafficking under KRS 529.100 involving commercial sexual activity where the victim is a minor;
11. Criminal abuse in the first degree as described in KRS 508.100;
12. Burglary in the first degree accompanied by the commission or attempted commission of an assault described in KRS 508.010, 508.020, 508.032, or 508.060;
13. Burglary in the first degree accompanied by commission or attempted commission of kidnapping as prohibited by KRS 509.040;
14. Robbery in the first degree;
(d) Any conviction or plea to any crime involving felony arson under Kentucky Revised Statute;
(e) Any conviction or plea for felony criminal mischief under Kentucky Revised Statute;
(f) Consistent with 24 C.F.R. 960.204(a)(3) and 24 C.F.R. 982.553 (a)(1)(ii)(C), conviction of drug related criminal activity for manufacture or production of methamphetamine on the premises of federal assisted housing;
(g) Consistent with 24 C.F.R. 960.204(a)(1), 24 C.F.R. 5.854(a), and 24 C.F.R. 553(a)(1)(i), for three years from the date of eviction, the household member has been evicted from federally assisted housing for drug-related criminal history;
(h) Consistent with 24 C.F.R. 960.204(a)(2), 24 C.F.R. 5.854(b)(1), and 23 C.F.R. 982.553(a)(1)(ii)(A) if any household member is currently engaging in illegal use of a drug;
(i) Consistent with 24 CFR 982.552(c)(iv), Section 8 based assistance is expressly prohibited if any member of the household has committed fraud, bribery, or any other corrupt or criminal act in connection with any Federal Housing program;
(j) Consistent with 24 C.F.R. 5.855(a) and 24 C.F.R. 982.553(a)(2)(ii) Section 8 based assistance and federally assisted housing is expressly prohibited if any household member is currently engaged in, or has engaged in during a reasonable time before the admission:
1. Drug-related activity;
2. Violent criminal activity;
3. Other criminal activity which may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents or persons residing in the immediate vicinity; or
4. Other criminal activity which may threaten the health or safety of the owner, property management staff, or person performing a contract administration function or responsibility on behalf of the PHA.
(B) Nothing in this chapter 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 section shall limit the applicability of any reasonable local, state, or federal restriction regarding the maximum number of occupants permitted to occupy a housing accommodation. No provision in the chapter 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 Section 102 of the Controlled Substances Act (21 U.S.C. 802) or KRS Chapter 218A.
(1994 Jeff. Code, § 92.04) (Jeff. Ord. 36-1999, adopted and effective 10-12-1999) (1999 Lou. Code, § 98.04) (Lou. Ord. No. 0088-2001, § 2, approved 8-16-2001; Lou. Metro Am. Ord. No. 193-2004, approved 12-10-2004; Lou. Metro Am. Ord. No. 146-2020, approved 12-9-2020)
Editor’s note:
Louisville Metro Ord. No. 146-2020 takes effect December 9, 2020, except with regard to the references to “lawful source of income” which shall become effective on March 1, 2021.